kaveno, Inc. (“kaveno,”“we,”“us,” “our”) provides its services to you through itswebsitelocated at www.kaveno.in(the “Site”) and through its mobile applications andrelated services(collectively, such services, including any new features andapplications, andthe Site, the “Services”), subject to the followingTerms of Service (asamended from time to time, the “Terms of Service”).
We reserve the right, at our sole discretion, to change or modifyportionsof these Terms of Service at any time. If we do this, we will post thechangeson this page and will indicate at the top of this page the date thesetermswere last revised. We will also notify you, either through the Servicesuserinterface, in an email notification or through other reasonable means.Forexisting users of the Services, any such changes will become effectivenoearlier than fourteen days after they are posted, except thatchangesaddressing new functions of the Services or changes made for legalreasons willbe effective immediately, and for new users signing up for theServices, anychanges will be effective immediately. Your continued use of theService afterthe date any such changes become effective constitutes youracceptance of thenew Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENTTOARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGALRIGHTS,REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES THAT YOUSUBMITCLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER(1)YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST kaveno ON ANINDIVIDUALBASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ORREPRESENTATIVE ACTIONOR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEKRELIEF (INCLUDINGMONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUALBASIS, AND (3)YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST USRESOLVED BY A JURYOR IN A COURT OF LAW.
1. Access and Use of the Service
Description ofServices: The Services are software accessed over the internetandvia mobile devices for the purpose of sharing, updating, storing, accessingandotherwise using your own contact information and the contact informationofother people in your network.
Security of youraccount:You agree to be responsible for any act or omission of anyusers that access theServices under your account. You agree to immediatelynotify kaveno of anybreach of security of which you become aware.
Access to theService:You are responsible for obtaining and maintaining anyequipment and ancillaryservices needed to connect to, access or otherwise usethe Service. You areresponsible for ensuring that such equipment and servicesare compatible withthe Service, and, to the extent applicable, the Software(as defined below), andcomplies with all configurations and specifications setforth in kaveno'spublished policies then in effect.
Modifications to theService:kaveno reserves the right to modify or discontinue,temporarily or permanently,the Service (or any part thereof) with or withoutnotice. You agree that kavenowill not be liable to you or to any third partyfor any modification, suspensionor discontinuance of the Service.
General PracticesRegarding Use andStorage: You acknowledge that kaveno mayestablish general practices andlimits concerning use of the Service, includingwithout limitation the maximumperiod of time that data or other content willbe retained by the Service andthe maximum storage space that will be allottedon kaveno's servers on yourbehalf. You agree that kaveno has no responsibilityor liability for thedeletion or failure to store any data or other contentmaintained or uploaded bythe Service. You acknowledge that kaveno reserves theright to terminateaccounts that are inactive for an extended period of time.You further acknowledgethat kaveno reserves the right to change these generalpractices and limits atany time, in its sole discretion, with or withoutnotice.
Mobile Services: The Serviceincludes certain services that are availablevia a mobile device, including (i)the ability to upload content to the Servicevia a mobile device, (ii) theability to browse the Service and the Site from amobile device and (iii) theability to access certain features through anapplication downloaded andinstalled on a mobile device (collectively, the “MobileServices”). Tothe extent you access the Service through a mobile device,your wireless servicecarrier's standard charges, data rates and other fees mayapply. In addition,downloading, installing, or using certain Mobile Servicesmay be prohibited orrestricted by your carrier, and not all Mobile Servicesmay work with allcarriers or devices.
2.Conditions of Use
User Conduct: You are solelyresponsible for all information, data,text, images, video or other materials (“Content”)that you upload,post, publish, display, transmit or send (collectively, “Transmit”)orotherwise use via the Service. You agree to use the Service in compliancewiththe kaveno Acceptable Use Policy available at www.kaveno.in. kavenoreservesthe right to investigate and take appropriate legal action againstanyone who,in kaveno's sole discretion, violates this provision, includingwithoutlimitation, suspending or terminating the account of such violatorsandreporting you to the law enforcement authorities.
Fees: To the extent theService or any portion thereof is madeavailable for any fee, you will berequired to select a payment plan andbilling frequency (annual or monthly) asdescribed on www.kaveno.in and provide kaveno information regarding yourcreditcard or other payment instrument. You represent and warrant to kavenothat suchinformation is true and that you are authorized to use the paymentinstrument.You will promptly update your account information with any changes(for example,a change in your billing address or credit card expiration date)that may occur.You agree to pay kaveno the amount that is specified in thepayment plan inaccordance with the terms of such plan and this Terms ofService. You herebyauthorize kaveno to bill your payment instrument in advanceon a periodic basisin accordance with the terms of the applicable payment planuntil you terminateyour account, and you further agree to pay any charges soincurred. YOU ACKNOWLEDGEAND AGREE THAT (A) kaveno (OR OUR PAYMENT PROCESSOR)IS AUTHORIZED TO CHARGE YOUON A RECURRING BASIS (E.G., MONTHLY OR YEARLY) FORAS LONG AS YOUR SUBSCRIPTIONTO THE SERVICE CONTINUES AND (B) YOUR SUBSCRIPTIONWILL CONTINUE UNTIL YOUCANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THESERVICES. YOU MAY CANCELYOUR SUBSCRIPTION AT ANY TIME BY EMAILING US AT [INFO@kaveno.IN]OR VIA THEINTERFACE OF THE SERVICES; PROVIDED, THAT, ANY SUCH CANCELATION WILLBEEFFECTIVE AT THE END OF YOUR CURRENT ANNUAL OR MONTHLY BILLING PERIOD, ANDTHATCANCELATION WILL NOT RESULT IN ANY REFUND OF PREPAID FEES. If you disputeanycharges you must notify kaveno in writing within sixty (60) days after thedatethat kaveno charges you. We reserve the right to change kaveno's prices.Ifkaveno does change prices, kaveno will provide notice of the change throughtheService or in email to you, at kaveno's option, at least 30 days beforethechange is to take effect. Your continued use of the Service after thepricechange becomes effective constitutes your agreement to pay the changedamount. kavenomay choose to bill through an invoice, in which case, fullpayment for invoicesissued in any given month must be received by kaveno thirty(30) days after themailing date of the invoice, or the Services may beterminated. Unpaid invoicesare subject to a finance charge of 1.5% per month onany outstanding balance,or the maximum permitted by law, whichever is lower,plus all expenses ofcollection. You shall be responsible for all taxesassociated with the Servicesother than U.S. taxes based on kaveno's net income.
Business Accounts: If you havebeen provided access to the service aspart of your employer’s business accountwith kaveno, then you acknowledge thatyour right to access and use the Serviceis subject to the terms of a separateagreement between kaveno and youremployer. Your access to the Servicemay be revoked by your employer atany time.
Special Notice forInternationalUse; Export Controls: Software available in connectionwith the Service and thetransmission of applicable data, if any, is subject toUnited States exportcontrols. No Software may be downloaded from the Serviceor otherwise exportedor re-exported in violation of U.S. export laws.Downloading or using theSoftware is at your sole risk. Recognizing the globalnature of the Internet,you agree to comply with all local rules and lawsregarding your use of theService, including as it concerns online conduct andacceptable content.
Commercial Use: Unless otherwiseexpressly authorized herein or in theService, you agree not to display,distribute, license, perform, publish,reproduce, duplicate, copy, createderivative works from, modify, sell, resell,exploit, transfer or transmit forany commercial purposes, any portion of theService, use of the Service, oraccess to the Service.
Data ProcessingAddendum: To the extent we process any Customer Personal Data (asdefinedin the Addendum) that is subject to the GDPR (as defined in theAddendum) onyour behalf, the terms of the data processing addendum at www.kaveno.in (“Addendum”),which are herebyincorporated by reference, shall apply and the parties agree tocomply withsuch terms.
3.Third PartyDistribution Channels
kaveno offersSoftware applicationsthat may be made available through the Apple App Store,Android Marketplace orother distribution channels (“Distribution Channels”).If you obtainsuch Software through a Distribution Channel, you may be subjectto additional termsof the Distribution Channel. These Terms of Service arebetween you and usonly, and not with the Distribution Channel. To the extentthat you utilize anyother third party products and services in connection withyour use of ourServices, you agree to comply with all applicable terms of anyagreement forsuch third party products and services.
With respect toSoftware that ismade available for your use in connection with an Apple-brandedproduct (suchSoftware, “Apple-Enabled Software”), in addition to theother terms andconditions set forth in these Terms of Service, the followingterms andconditions apply:
kaveno and youacknowledge thatthese Terms of Service are concluded between kaveno and youonly, and not withApple Inc. (“Apple”), and that as between kaveno andApple, kaveno, notApple, is solely responsible for the Apple-Enabled Softwareand the contentthereof.
You may not use theApple-EnabledSoftware in any manner that is in violation of or inconsistentwith the UsageRules set forth for Apple-Enabled Software in, or otherwise be inconflictwith, the App Store Terms of Service.
Your license to usetheApple-Enabled Software is limited to a non-transferable license to usetheApple-Enabled Software on an iOS Product that you own or control, aspermittedby the Usage Rules set forth in the App Store Terms of Service.
Apple has noobligation whatsoeverto provide any maintenance or support services withrespect to theApple-Enabled Software.
Apple is notresponsible for anyproduct warranties, whether express or implied by law. Inthe event of anyfailure of the Apple-Enabled Software to conform to anyapplicable warranty,you may notify Apple, and Apple will refund the purchaseprice for theApple-Enabled Software to you, if any; and, to the maximum extentpermitted byapplicable law, Apple will have no other warranty obligationwhatsoever withrespect to the Apple-Enabled Software, or any other claims,losses,liabilities, damages, costs or expenses attributable to any failure toconformto any warranty, which will be kaveno's sole responsibility, to theextent itcannot be disclaimed under applicable law.
kaveno and youacknowledge that kaveno,not Apple, is responsible for addressing any claims ofyou or any third partyrelating to the Apple-Enabled Software or your possessionand/or use of thatApple-Enabled Software, including, but not limited to: (i)product liabilityclaims; (ii) any claim that the Apple-Enabled Software failsto conform to anyapplicable legal or regulatory requirement; and (iii) claimsarising underconsumer protection or similar legislation.
In the event of anythird partyclaim that the Apple-Enabled Software or the end-user's possessionand use ofthat Apple-Enabled Software infringes that third party's intellectualpropertyrights, as between kaveno and Apple, kaveno, not Apple, will besolelyresponsible for the investigation, defense, settlement and discharge ofanysuch intellectual property infringement claim.
You represent andwarrant that (i)you are not located in a country that is subject to a IndiaGovernment or that has been designated by the India.Government as a"terrorist supporting" country; and (ii) you are notlisted on anyIndia Government list of prohibited or restricted parties.
If you have anyquestions,complaints or claims with respect to the Apple-Enabled Software, theyshould bedirected to kaveno as follows:
kaveno and youacknowledge and agreethat Apple, and Apple's subsidiaries, are third partybeneficiaries of theseTerms of Service with respect to the Apple-EnabledSoftware, and that, uponyour acceptance of the terms and conditions of theseTerms of Service, Applewill have the right (and will be deemed to have acceptedthe right) to enforcethese Terms of Service against you with respect to theApple-Enabled Softwareas a third party beneficiary thereof.
Service Content,Software and Trademarks: You acknowledge and agree that the Service may containcontentor features (“Service Content”) that are protected by copyright,patent,trademark, trade secret or other proprietary rights and laws. Exceptasexpressly authorized by kaveno, you agree not to modify, copy, frame,scrape,rent, lease, loan, sell, distribute or create derivative works based ontheService or the Service Content, in whole or in part, except that theforegoingdoes not apply to your own User Content (as defined below) that youlegallyupload to the Service. In connection with your use of the Service youwill notengage in or use any data mining, robots, scraping or similar datagathering orextraction methods. If you are blocked by kaveno from accessing theService(including by blocking your IP address), you agree not to implementanymeasures to circumvent such blocking (e.g., by masking your IP address orusinga proxy IP address). Any use of the Service or the Service Content otherthanas specifically authorized herein is strictly prohibited. The technologyandsoftware underlying the Service or distributed in connection therewith aretheproperty of kaveno, our affiliates and our partners (the “Software”).Youagree not to copy, modify, create a derivative work of, reverseengineer,reverse assemble or otherwise attempt to discover any source code,sell,assign, sublicense, or otherwise transfer any right in the Software. Anyrightsnot expressly granted herein are reserved by kaveno.
The kaveno name andlogos are trademarksand service marks of kaveno (collectively the “kavenoTrademarks”).Other kaveno, product, and service names and logos used anddisplayed via theService may be trademarks or service marks of their respectiveowners who mayor may not endorse or be affiliated with or connected to kaveno.Nothing inthis Terms of Service or the Service should be construed as granting,byimplication, estoppel, or otherwise, any license or right to use any ofkavenoTrademarks displayed on the Service, without our prior written permissionineach instance. All goodwill generated from the use of kaveno Trademarkswillinure to our exclusive benefit.
Third Party Material: Under nocircumstances will kaveno be liable in any wayfor any content or materials ofany third parties (including users), including,but not limited to, for anyerrors or omissions in any Content, or for any lossor damage of any kindincurred as a result of the use of any such content. Youacknowledge that kavenodoes not pre-screen content, but that kaveno and itsdesignees will have theright (but not the obligation) in their sole discretionto refuse or remove anyContent that is available via the Service. You agreethat you must evaluate, andbear all risks associated with, the use of anycontent, including any relianceon the accuracy, completeness, or usefulness ofsuch content.
User ContentTransmitted Through theService: With respect to the Content orother materials you transmitthrough the Service or share with other users orrecipients (collectively, “UserContent”), you represent and warrantthat you own all right, title andinterest in and to such User Content,including, without limitation, allcopyrights and rights of publicity containedtherein. By transmitting any UserContent through the Service, you hereby grantand will grant kaveno and itsaffiliated companies a license to perform theactions necessary to deliver UserContent to the intended recipients. You alsoacknowledge and agree that UserContent does not include any System Data.System Data is owned by kaveno. “SystemData” means aggregated andanonymous user and other data regarding theServices that may be used togenerate logs, statistics and reports regardingperformance, availability,integrity and security of the Services. System Datadoes not include thecontact information or Personal Data of your contacts thatyou upload orreceive through the Service.
You acknowledge andagree that anyquestions, comments, suggestions, ideas, feedback or otherinformation aboutthe Service provided by you to kaveno (“Submissions”),and any UserContent that you make available through the Service in a mannerthat allowsother users of the Service and/or members of the general public notspecifiedor identified by you to access your User Content (“Public UserContent”)are non-confidential and kaveno will be entitled to theunrestricted use anddissemination of these Submissions and Public User Contentfor any purpose,commercial or otherwise, without acknowledgment or compensationto you.
You acknowledge andagree that kavenomay preserve content and may also disclose content if requiredto do so by lawor in the good faith belief that such preservation or disclosureis reasonablynecessary to: (a) comply with legal process, applicable laws orgovernmentrequests; (b) enforce these Terms of Service; (c) respond to claimsthat anycontent violates the rights of third parties; or (d) protect therights,property, or personal safety of kaveno, its users and the public. Youunderstandthat the technical processing and transmission of the Service,including yourcontent, may involve (a) transmissions over various networks; and(b) changesto conform and adapt to technical requirements of connectingnetworks ordevices
The Service mayprovide, or thirdparties may provide, links or other access to other sites,services, products,and resources on the Internet (“Third Party Services”).kaveno has nocontrol over such Third Party Services and kaveno is notresponsible for anddoes not endorse such Third Party Services. You furtheracknowledge and agreethat kaveno will not be responsible or liable, directly orindirectly, for anydamage or loss caused or alleged to be caused by or inconnection with use ofor reliance on any content, events, goods or servicesavailable on or throughany such Third Party Service. Any dealings you have withthird parties foundwhile using the Service are between you and the third party,and you agree thatkaveno is not liable for any loss or claim that you may haveagainst any suchthird party.
You agree torelease, indemnify andhold kaveno and its affiliates and their officers,employees, directors andagents (collectively, “Indemnitees”) harmlessfrom any from any and alllosses, damages, expenses, including reasonableattorneys' fees, rights,claims, actions of any kind and injury (includingdeath) arising out of orrelating to your use of the Service, any User Content,your connection to theService, your violation of these Terms of Service or yourviolation of anyrights of another. Notwithstanding the foregoing, you will haveno obligationto indemnify or hold harmless any Indemnitee from or against anyliability,losses, damages or expenses incurred as a result of any action orinaction ofsuch Indemnitee. If you are a India resident, you waive India CivilCodeSection 1542, which says: “A general release does not extend to claimswhichthe creditor does not know or suspect to exist in his favor at the timeofexecuting the release, which if known by him must have materially affectedhissettlement with the debtor.” If you are a resident of another jurisdiction,youwaive any comparable statute or doctrine.
YOUR USE OF THESERVICE IS AT YOURSOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “ASAVAILABLE” BASIS. kavenoEXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHEREXPRESS, IMPLIED ORSTATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIEDWARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ANDNON-INFRINGEMENT.
kaveno MAKES NOWARRANTY THAT (I)THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILLBEUNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAYBEOBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV)THEQUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASEDOROBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLYUNDERSTAND AND AGREETHAT kaveno WILL NOT BE LIABLE FOR ANY INDIRECT,INCIDENTAL, SPECIAL,CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OFPROFITS INCLUDING BUTNOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OROTHER INTANGIBLELOSSES (EVEN IF kaveno HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES),WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OROTHERWISE,RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II)THE COSTOF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANYGOODS, DATA,INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVEDORTRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III)UNAUTHORIZEDACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)STATEMENTS ORCONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTERRELATING TOTHE SERVICE. IN NO EVENT WILL kaveno'S TOTAL LIABILITY TO YOU FORALL DAMAGES,LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID kavenoIN THE LASTSIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONSDO NOT ALLOW THEDISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATIONOR EXCLUSION OFLIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,SOME OF THEABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BEENFORCEABLE WITHRESPECT TO YOU AND ARE INTENDED TO BE ONLY AS BROAD AS ISPERMITTED UNDER THELAWS OF THE APPLICABLE STATE. IF ANY PORTION OF THESESECTIONS IS HELD TOBE INVALID UNDER APPLICABLE LAWS, THE INVALIDITY OF SUCHPORTION SHALL NOTAFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THEAPPLICABLE SECTIONS. IFYOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE ORWITH THESE TERMS OFSERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUEUSE OF THE SERVICE.
9.Dispute ResolutionBy Binding Arbitration
PLEASE READ THISSECTION CAREFULLYAS IT AFFECTS YOUR RIGHTS.
a. Agreement toArbitrate
This DisputeResolution by BindingArbitration section is referred to in this Terms ofService as the “ArbitrationAgreement.” You agree that any and alldisputes or claims that have arisenor may arise between you and kaveno, whetherarising out of or relating to thisTerms of Service (including any allegedbreach thereof), the Services, anyadvertising, any aspect of the relationshipor transactions between us, shallbe resolved exclusively through final andbinding arbitration, rather than acourt, in accordance with the terms of thisArbitration Agreement, except thatyou may assert individual claims in smallclaims court, if your claims qualify.Further, this Arbitration Agreement doesnot preclude you from bringing issuesto the attention of federal, state, orlocal agencies, and such agencies can,if the law allows, seek relief against uson your behalf. You agree that, byentering into this Terms of Service, you andkaveno are each waiving the rightto a trial by jury or to participate in aclass action. Your rights will bedetermined by a neutral arbitrator, not ajudge or jury. The Federal ArbitrationAct governs the interpretation andenforcement of this Arbitration Agreement.
b. Prohibition ofClass andRepresentative Actions and Non-Individualized Relief
YOU AND kaveno AGREETHAT EACH OF USMAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASISAND NOT AS APLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVEACTION ORPROCEEDING. UNLESS BOTH YOU AND kaveno AGREE OTHERWISE, THE ARBITRATORMAY NOTCONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAYNOTOTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, ORCLASSPROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDINGMONETARY,INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUALPARTYSEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEFNECESSITATEDBY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE ACLAIM FOR ANDTHE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLELAW TO THEEXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitrationand ArbitrationDispute Resolution
kaveno is alwaysinterested inresolving disputes amicably and efficiently, and most customerconcerns can beresolved quickly and to the customer's satisfaction by emailingcustomersupport at email@example.com. If such efforts prove unsuccessful, a partywhointends to seek arbitration must first send to the other, by certified mail,awritten Notice of Dispute (“Notice”). The Notice to kaveno shouldbesent to 529 Mahima Trinity Mall Swej Farm Sodala Jaipur (“NoticeAddress”). The Notice must (i)describe the nature and basis of the claim ordispute and (ii) set forth thespecific relief sought. If kaveno and you do notresolve the claim within sixty(60) calendar days after the Notice is received,you or kaveno may commence anarbitration proceeding. During the arbitration,the amount of any settlementoffer made by kaveno or you shall not be disclosedto the arbitrator untilafter the arbitrator determines the amount, if any, towhich you or kaveno isentitled.All dispute are subject to Jaipur, IndiaJuridiction only.
All aspects of thearbitrationproceeding, and any ruling, decision, or award by the arbitrator,will bestrictly confidential for the benefit of all parties.
If a court or thearbitrator decidesthat any term or provision of this Arbitration Agreement(other than thesubsection (b) titled “Prohibition of Class and RepresentativeActions andNon-Individualized Relief” above) is invalid or unenforceable, theparties agreeto replace such term or provision with a term or provision that isvalid andenforceable and that comes closest to expressing the intention of theinvalidor unenforceable term or provision, and this Arbitration Agreement shallbeenforceable as so modified. If a court or the arbitrator decides that anyofthe provisions of subsection (b) above titled “Prohibition of ClassandRepresentative Actions and Non-Individualized Relief” are invalidorunenforceable, then the entirety of this Arbitration Agreement shall benulland void, unless such provisions are deemed to be invalid orunenforceablesolely with respect to claims for public injunctive relief. Theremainder ofthe Terms of Service will continue to apply.
G. Future Changes toArbitrationAgreement
Notwithstanding anyprovision inthis Terms of Service to the contrary, kaveno agrees that if itmakes anyfuture change to this Arbitration Agreement (other than a change tothe NoticeAddress) while you are a user of the Services, you may reject anysuch changeby sending kaveno written notice within thirty (30) calendar days ofthe changeto the Notice Address provided above. By rejecting any future change,you areagreeing that you will arbitrate any dispute between us in accordancewith thelanguage of this Arbitration Agreement as of the date you firstaccepted theseTerms of Service (or accepted any subsequent changes to theseTerms ofService).
You agree thatkaveno, in its solediscretion, may suspend or terminate your account (or anypart thereof) or useof the Service and remove and discard any content withinthe Service, for anyreason, including, without limitation, for lack of use orif kaveno believesthat you have violated or acted inconsistently with theletter or spirit ofthese Terms of Service. Any suspected fraudulent, abusive orillegal activitythat may be grounds for termination of your use of Service, maybe referred toappropriate law enforcement authorities. kaveno may also in itssole discretionand at any time discontinue providing the Service, or any partthereof, with orwithout notice. You agree that any termination of your accessto the Serviceunder any provision of this Terms of Service may be effectedwithout priornotice, and acknowledge and agree that kaveno may immediately deactivateordelete your account and all related information and files in youraccountand/or bar any further access to such files or the Service. Further, youagreethat kaveno will not be liable to you or any third party for anytermination ofyour access to the Service.
You agree that youare solelyresponsible for your interactions with any other user in connectionwith theService and kaveno will have no liability or responsibility withrespectthereto. kaveno reserves the right, but has no obligation, to becomeinvolvedin any way with disputes between you and any other user of the Service.
These Terms ofService constitutethe entire agreement between you and kaveno and govern youruse of the Service,superseding any prior agreements between you and kaveno withrespect to theService. You also may be subject to additional terms andconditions that mayapply when you use affiliate or third party services, thirdparty content orthird party software. These Terms of Service will be governed bythe laws ofthe State of India without regard to its conflict of law provisions.Withrespect to any disputes or claims not subject to arbitration, as setforthabove, you and kaveno agree to submit to the personal andexclusivejurisdiction of the state and federal courts located within SantaClara County,India. The failure of kaveno to exercise or enforce any right orprovision ofthese Terms of Service will not constitute a waiver of such rightor provision.If any provision of these Terms of Service is found by a court ofcompetentjurisdiction to be invalid, the parties nevertheless agree that thecourtshould endeavor to give effect to the parties' intentions as reflected intheprovision, and the other provisions of these Terms of Service remain infullforce and effect. You agree that regardless of any statute or law tothecontrary, any claim or cause of action arising out of or related to use oftheService or these Terms of Service must be filed within one (1) year aftersuchclaim or cause of action arose or be forever barred. A printed version ofthisagreement and of any notice given in electronic form will be admissibleinjudicial or administrative proceedings based upon or relating to thisagreementto the same extent and subject to the same conditions as otherbusinessdocuments and records originally generated and maintained in printedform. You may not assign this Terms of Service without the prior writtenconsent of kaveno,but kaveno may assign, sublicense, or transfer any or all ofits rights and obligations under this Terms of Service without restriction. Thesection titles in these Terms of Service are for convenience only and have nolegal or contractual effect. Notices to you may be made via either email orregular mail. The Service may also provide notices to you of changes to theseTerms of Service or other matters by displaying notices or links to noticesgenerally onthe Service.
Questions? Concerns? Suggestions? Please contact us at info@kaveno toreport any violations of these Terms of Service or to pose any questionsregarding this Terms of Service or the Service.