1. Acceptance of Terms
These Terms of Service (the Terms) constitute a legally binding agreement between you and KAIYACODES, LLC (referred to as the Company, we, us, or our). By accessing or using our website at https://www.kaiyacodes.autos, by engaging our services, or by otherwise interacting with us, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference.
Please read these Terms carefully before using our website or services. If you do not agree to all of the terms and conditions contained in this document, you must not access or use our website or services. Your continued use of our website constitutes your acceptance of these Terms and of any modifications we may make to them over time.
These Terms apply to all visitors, users, clients, and others who access or use our website or services. By using our website, you represent and warrant that you have the legal capacity to enter into a binding contract and that you are not barred from doing so under any applicable law. If you are accessing the website or services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.
2. Definitions
For the purposes of these Terms, the following definitions apply. The term Services refers to the computer systems design and related services provided by the Company, including systems architecture, cloud engineering, data pipelines and analytics, automation and integration, security and compliance services, and managed operations, as well as any other services we may offer from time to time.
The term Website refers to our website located at https://www.kaiyacodes.autos and all related pages, features, and content. The term User, you, or your refers to any individual or entity that accesses the Website or uses the Services. The term Content refers to all text, graphics, software, code, and other materials made available through the Website or Services.
The term Agreement refers collectively to these Terms of Service together with our Privacy Policy and any additional terms, statements of work, or contracts that may apply to a specific engagement between you and the Company.
3. Our Services
The Company provides professional services in the field of computer systems design and related services. Our work includes the design of systems architecture, cloud engineering and migration, the construction of data pipelines and analytics solutions, automation and integration, security and compliance services, and ongoing managed operations for the platforms we build.
The specific scope, deliverables, timeline, and pricing for any engagement will be set out in a separate written agreement, statement of work, or proposal agreed upon by both parties. In the event of any conflict between these Terms and a specific written agreement, the terms of the specific written agreement will govern with respect to the subject matter of that agreement.
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We are not liable to you or to any third party for any modification, suspension, or discontinuation of the Services, except as expressly provided in a written agreement between the parties. We continually refine our offerings to reflect advances in technology and the evolving needs of our clients, and we will provide reasonable notice of any material change to a service on which you rely.
4. Use of the Website
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your own internal business purposes, subject to these Terms. This license does not include the right to reproduce, distribute, modify, or create derivative works from the Website or its Content, except as expressly permitted.
You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any third party. You must not attempt to gain unauthorized access to any portion of the Website, the server on which it is stored, or any server, computer, or database connected to the Website.
You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them. We may suspend or terminate your access to the Website at any time if we believe you have violated these Terms. The Website may be updated from time to time, and although we aim to keep it current, we do not guarantee that all information on the Website is complete, accurate, or up to date at all times.
5. Accounts and Security
Certain features of our Website or Services may require you to create an account or provide certain information. When you create an account, you agree to provide accurate, current, and complete information and to update that information as necessary to keep it accurate and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.
We may suspend or terminate accounts that are inactive for an extended period or that we believe are being used in violation of these Terms. You may not use an account that belongs to another person, and you may not transfer your account to any other party without our prior written consent.
6. Intellectual Property
The Website and all Content contained on it, including text, graphics, logos, icons, images, software, and code, are the property of the Company or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. The KAIYACODES name, logo, and all related marks are trademarks of the Company.
You may not use any of our intellectual property without our prior written consent. Nothing in these Terms grants you any right, title, or interest in or to the Website or its Content, other than the limited license to access and use the Website as expressly set out in these Terms.
If you believe that any Content on our Website infringes your intellectual property rights, please contact us with a detailed description of the alleged infringement so that we may investigate and take appropriate action.
7. User Content
You may submit content to us through the Website, such as information provided in contact forms, project details, or other communications. You retain ownership of any content that you own and submit to us. However, by submitting content to us, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process that content solely for the purpose of responding to you and providing the Services.
You represent and warrant that you own or have the necessary rights to any content you submit and that your submission of that content does not violate the rights of any third party or any applicable law. We are not responsible for, and we do not endorse, any content submitted by users.
We may remove or refuse to accept any user content at our discretion, and we have no obligation to retain user content after the purpose for which it was submitted has been fulfilled.
8. Prohibited Conduct
In connection with your use of the Website and Services, you agree not to engage in any of the following prohibited activities. You must not use the Website for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.
- Attempting to gain unauthorized access to our systems, servers, or the accounts of other users.
- Uploading or transmitting any malware, viruses, or other harmful code.
- Interfering with or disrupting the operation of the Website or the servers or networks used to make the Website available.
- Scraping, harvesting, or otherwise collecting data from the Website through automated means without our prior written consent.
- Impersonating any person or entity or misrepresenting your affiliation with any person or entity.
- Using the Website to send unsolicited commercial communications.
We reserve the right to investigate any conduct that we believe violates these Terms and to take appropriate remedial action, including terminating access and cooperating with law enforcement authorities where warranted.
9. Fees and Payment
The fees for our Services will be specified in a written agreement, proposal, or statement of work agreed upon by the parties. Unless otherwise stated in writing, fees are payable in accordance with the payment terms set out in the applicable agreement, and late payments may be subject to interest or other charges as permitted by law.
You are responsible for providing accurate billing and payment information and for keeping that information up to date. You agree to pay all fees and any applicable taxes in connection with the Services. If a payment is declined or fails, we may suspend the Services until payment is received.
Except as expressly provided in a written agreement, all fees are non-refundable. If you dispute any charge, you must notify us in writing within thirty days of the date of the invoice in question.
10. Disclaimer of Warranties
The Website and Services are provided on an as is and as available basis, without warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Website or Services will be uninterrupted, error-free, or completely secure, or that any defects will be corrected. We do not warrant that the results that may be obtained from the use of the Website or Services will be accurate or reliable, and you assume full responsibility for your use of the Website and Services.
No advice or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly stated in these Terms. Some jurisdictions do not permit the disclaimer of implied warranties, so the above disclaimers may not apply to you in their entirety. In such jurisdictions, the disclaimers shall apply to the fullest extent permitted by applicable law.
11. Limitation of Liability
To the fullest extent permitted by law, in no event shall the Company, its members, managers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or in connection with your use of the Website or Services.
The total aggregate liability of the Company for any and all claims arising out of or relating to these Terms, the Website, or the Services shall not exceed the greater of one hundred dollars or the amount you have paid to the Company for the Services in the twelve months preceding the event giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the limitations above may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its members, managers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or in connection with your use of the Website or Services, your violation of these Terms, or your violation of the rights of any third party.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with us in asserting any available defenses. You shall not settle any matter subject to indemnification without our prior written consent. This indemnification obligation will survive any termination of these Terms.
13. Termination
We may terminate or suspend your access to the Website and Services, in whole or in part, at any time, with or without cause, and with or without notice. Upon termination, your right to use the Website and Services will immediately cease, and you must destroy all copies of any Content obtained from the Website.
All provisions of these Terms that by their nature should survive termination shall survive termination, including provisions relating to intellectual property, disclaimers of warranties, limitation of liability, indemnification, and governing law. Termination shall not affect any accrued rights or obligations of either party.
If you wish to terminate any account you have created with us, you may do so by contacting us using the information provided below.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in the State of Utah.
You agree to submit to the personal jurisdiction of those courts for the purpose of litigating any such claims. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. The failure of either party to enforce any provision of these Terms shall not be construed as a waiver of that provision or of the right to enforce it at a later time.
15. Changes to These Terms
We may update these Terms from time to time to reflect changes in our practices, our Services, or applicable law. When we make material changes, we will update the effective date at the top of this page and, where appropriate, provide a more prominent notice on our Website.
Your continued use of the Website or Services after any changes to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed about your rights and obligations. If you do not agree to the revised Terms, you must stop using the Website and Services.
16. Contact Information
If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us using the information below. We will make every effort to respond to your inquiry in a timely manner.
KAIYACODES, LLC
513 S 500 E
Orem, UT 84097-6434
United States
Email: alert@kaiyacodes.autos
Phone: +1 (234) 251-7380
Website: https://www.kaiyacodes.autos