TERMS OF USE

Access to Website

Welcome to the website of Kaira Technologies Inc. (hereinafter “Kaira“, “we“, “us” and “our“). Please read these terms and conditions of use (the “Terms of Use“) carefully before accessing and using our website. The purpose of these Terms of Use is to set forth the general terms and conditions for the use of our website. If you wish to subscribe to Kaira’s services, we invite you to review the Terms of Use for the Kaira application available in the application. These Terms of Use govern only your use of the Kaira website.

By accessing and using this website, you agree to be bound by the Terms of Use. If you do not accept the foregoing, we ask that you leave immediately this website.

This website is also made available to you subject to your acceptance of our Privacy Policy available online on our website. 

  1. Amendment of Terms of Use

Subject to applicable laws, you agree that we may update, modify or replace the Terms of Use, in our sole discretion and without notice, by posting said updates, modifications or replacements on our website. You must review the Terms of Use on a regular basis to ensure that you are informed of its content. By continuing to use this website following an amendment to the Terms of Use, you agree to comply with the amended Terms of Use. 

  1. Accuracy and completeness of information

Kaira deploys its best efforts to ensure that the information appearing on the pages of this website are up-to-date and complete and contain no inaccuracies or errors. Despite all of our efforts, some errors may occur on certain pages of our website. We are not responsible for any inaccuracies on our website, or should any information be incomplete or outdated. The information figuring on our website is provided to you for informational purposes only and should not be relied upon as your sole source of information for making decisions. You should also consult more accurate, complete and up-to-date sources of information. If you decide to rely solely on its content, you do so at your own risk. 

  1. Hyperlinks and access to external websites

Some hyperlinks appearing on our website will redirect you to one or more external websites operated by third parties. These hyperlinks are provided to you as informational references only. Some tools appearing on our website could also be provided by third parties. Kaira has no control over these external websites or tools, has no responsibility whatsoever for any content, website, service, product or other element available on these external websites or in virtue of these third party tools, and in no way supports the information provided or representations made thereon.

The presence of tools provided by third parties or hyperlinks to external websites on this website shall under no circumstances be construed as an endorsement by Kaira or as indicating that there is an association or joint venture between Kaira and any third party entity operating or owning any such external website or tool.

You may not create a hyperlink to our website without the prior written permission of Kaira. 

  1. Intellectual property rights

Kaira uses the KairaMC trademark and all the logos and slogans associated therewith. The KairaMC trademark, the figurative trademarks related to KairaMC and all the logos and slogans associated therewith and which appear in the contents of this website are registered trademarks which are the exclusive property of Kaira or its affiliates. These trademarks are protected under the applicable trademark legislation and regulations in Canada and throughout the world. Kaira holds user licenses for all the other trademarks belonging to other entities which appear on this website. 

You can print the pages of our website for your private and non-commercial use at home provided that the notes on copyright and the materials protected by intellectual property rights remain unchanged, and provided that these Terms of Use are complied with, including the laws governing intellectual property rights. You are not authorized to reproduce, print, store, re-edit, change, download, sell or otherwise copy the contents of our website or any element thereof, whether in whole or in part, for any other reason or for purposes of publication, dissemination or sale, on any medium or in any format whatsoever, whether already invented or invented in the future, without obtaining the prior written authorization of Kaira. No material, excerpt, quotation, passage or text in our website shall be construed as constituting or creating a license or any right of use or reproduction of any element whatsoever of this website. Be advised that Kaira will fully enforce its intellectual property rights.

 

It is prohibited at all times to change or modify the trademarks, logos or slogans, and the texts, titles, slogans, graphics, tables, images, photographs, portraits, descriptions, symbols, drawings or other artistic works appearing on this website. The contents of our website are protected by copyright, trademark rights and other applicable intellectual property rights. All rights are reserved.

  1. Comments and suggestions

If you post novel ideas, suggestions, proposals, comments, plans or other materials on our website, you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use such materials in any media. We are not and shall not be required to respond to them, to maintain their confidentiality or to pay compensation to anyone if we implement them.

You agree that your interventions on our website will not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your interventions will not contain illegal, defamatory, offensive or obscene content, nor will they contain computer viruses or other malicious software that could in any way affect the proper functioning of the website. You may not use a false e-mail address, pretend to be someone you are not, or try to mislead us or third party entities as to the origin of your comments. You are entirely responsible for all comments you post and for their accuracy. We take no responsibility and disclaim any liability for any comments posted by you or any third party.

  1. Prohibited uses

You are prohibited from using our website or its contents: (a) for any unlawful purpose; (b) to induce or participate in unlawful acts perpetrated by third parties; (c) to violate any regional or international, federal, provincial or state laws, rules or regulations; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, injure, defame, libel, slander, denigrate, intimidate or discriminate against anyone on the basis of any ground of discrimination protected by the Charter of Human Rights and Freedoms; (f) to submit false or misleading information; (g) to transmit viruses or any other type of malicious code that will or may be used in a manner that impairs the functionality or operation of the website or the Internet; (h) to collect or track the personal information of others; (i) for obscene or immoral purposes; or (j) to breach or circumvent the security measures implemented on our website or the Internet. We reserve our right to suspend or otherwise terminate your use of our website if you breach these Terms of Use or any other of our policies.

  1. Limitation of liability

We do not warrant or make any representations that your use of our website will be uninterrupted or error-free.

You expressly agree that your use of, or inability to use, the website is at your own risk. Our website is provided to you on a “as is” and “as available” basis, for your use, without representations, warranties or conditions of any kind, either express or implied, including all implied warranties of marketing or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

You further agree that we may remove all or part of the website indefinitely or permanently, from time to time and without notice.

As a result of the foregoing, Kaira and its directors, officers, employees, affiliates, agents, contractors, trainees, suppliers and service providers assume no liability for any damage or injury, loss or claim, including any interruption of business, loss of profit, loss of software, data or programs (including legal fees and attorney’s fees), resulting directly or indirectly from access, inability to access, or use of this website.

This limitation of liability applies to the fullest extent permitted by law. 

  1. Indemnification

You agree that any breach or violation of the Terms of Use or of any other policy of Kaira will result in an obligation on your part to indemnify Kaira, as well as its respective directors, officers, employees, agents, mandataries and other representatives, for any direct, indirect or substantial damages, including any business interruption, loss of profit, loss of software, data or programs (including legal fees and attorney’s fees), caused by or resulting from such breach or violation. 

  1. Interpretation

If any provision of the Terms of Use is found to be invalid or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from the Terms of Use. Such severance shall not affect the validity and enforceability of any remaining provision herein. 

Each provision of the Terms of Use is dissociable and distinct. If any provision (or any part of any provision) is found to be invalid, illegal or unenforceable in any jurisdiction, this finding of invalidity, illegality or unenforceability will not, in any case, affect the validity of any other provision of the Terms of Use.

The non-enforcement or delay to enforce any provision hereof does not constitute a waiver of any right to enforce that provision in the future.

In the event of any discrepancy between the different linguistic versions of these Terms of Use, the French language version shall prevail.

  1. Applicable law

These Terms of Use are governed by the laws and regulations applicable in the Province of Quebec. You hereby expressly and irrevocably waive any objection based on lack of territorial jurisdiction or any claim based on forum non conveniens. 

  1. Corporation and legal notice

This website and its content are the exclusive property of:  

KAIRA TECHNOLOGIES INC.

4, Place Ville Marie

Montréal (Québec) H3B 3Y1

Courriel : info@kaira.ai

If you have any questions or comments, we invite you to contact our customer service department at the abovementioned address, email or phone number. 

  1. Update

The Terms of Use were last updated May 20th, 2021.