KSOFTTERM OF SERVICE

Thank you for selecting the Services offered by KSOFT. Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and KSOFT. By clicking “I Agree,” indicating acceptance electronically, or by installing, accessing, or using the Services, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.

Section A

GENERAL TERMS

  1. AGREEMENT

This Agreement describes the terms governing your use of the KSOFT online services provided to you on this website, including Content (defined below), updates, and new releases (collectively, the “Services”). This Agreement includes by reference:

  • KSOFT’s Privacy Statement is provided to you in the Services and available on the website for the Services or provided to you otherwise.
  • Additional terms and conditions, which may include those from third parties.
  • Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
  1. YOUR RIGHTS TO USE THE SERVICES

2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by KSOFT.  KSOFT reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, KSOFT grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree, you will not:

  • Provide access to or give any part of the Services to any third party without consent from KSOFT.
  • Reproduce, modify, copy, sell, trade, lease, rent or resell the Services with consent from KSOFT
  • Decompile, disassemble, or reverse engineer the Services.
  • Make the Services available on any file-sharing or application hosting service.
  1. PAYMENT. For Services offered on a payment or subscription basis, the following terms apply, unless KSOFT or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
  2. Payments will be billed to you in USD dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
  3. You must pay with one of the following:
  4. A valid credit card acceptable to KSOFT;
  5. A valid debit card acceptable to KOSFT;
  6. Sufficient funds in account to cover an electronic debit of the payment due; or
  7. By another payment option KSOFT provides to you in writing.
  8. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
  9. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
  10. KSOFT will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement.
  11. Additional cancellation or renewal terms may be provided to you on the website for the Services.
  1. USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device, Internet access and may require software.  You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

KSOFT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES  AT ANY TIME OR FROM ANY LOCATION;

(ii) ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND

(iii)   ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

  1. YOUR PERSONAL INFORMATION. You can view KSOFT’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable KOSFT Privacy Statement and any changes published by KSOFT. You agree that KSOFT may use and maintain your personal information according to the KSOFT Privacy Statement, as part of the Services. This means that KSOFT may use your personal information to improve the Services or to design promotions and to develop new products or services.

6    Restricted Use of the Services.

You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of KSOFT.

  1. ADDITIONAL TERMS

7.1 KSOFT does not give professional advice. Unless specifically included with the Services, KSOFT is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

7.2 We may tell you about other KSOFT Services. You may be offered other services, products, or promotions by KSOFT (“KSOFT Services”). Additional terms and conditions and fees may apply. With some KSOFT Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.  You grant KSOFT permission to use information about your business and experience to help us to provide the KSOFT Services (including other products and services you might be interested in), to develop new products and services, and to enhance the Services.

7.3 Communications. KSOFT may be required by law to send you communications about the Services or third party products. You agree that KSOFT may send these communications to you via email or by posting them on our websites.

7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact KSOFT if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

  1. TERMINATION. KSOFT may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable KSOFT policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with KSOFT’s interests or those of another user of the Services. Upon KSOFT’s notice that your use of the Services has been terminated you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect KSOFT’s rights to any payments due to it.

January 2022 (Cambodia)

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  1. ADDITIONAL TERMS AND CONDITIONS FOR KSOFT ONLINE

Your use of the following Services provided by KSOFT are subject to the General Terms of Service above and these Additional Terms and Conditions.  These Additional Terms and Conditions will prevail over any conflict or inconsistency with the General Terms of Service.

  1. KSOFT is an online solution for businesses to perform accounting and business tasks through an online account. Each KSOFT Account may only be used to support one business.
  2. KSOFT is an online solution for accountants, bookkeepers and other individuals or entities that provide accounting and other financial services to their clients. KSOFT also provides you with professional tools and access to our KSOFT Professional Advisor Program, which is subject to separate terms and conditions.
  3. KSOFT Self-Employed Service is a mobile application for the self-employed to manage and categorize their personal and business finances through a mobile account.
  4. USERS.

2.1. Types of Users.  The Services allow the following types of access and user rights:  When you initially register for and create an account for a Service, you are, or an individual that you authorize is, the administrator (“Administrator”).  Administrators may authorize additional individuals to access the Services through the same account (“Additional Users”).  The number of Additional Users may be limited based upon the subscription you purchase.  Additional Users may include, for example, your employees, accountant, contractors, agents, and clients.  You may be referred to in this Agreement as “you”, “your”, or “User”, or you may be referred to specifically in your applicable role as an Additional User or an Administrator.  All Users will be required to accept this Agreement before accessing the Services.  With respect to KSOFT Account you access, you agree to these terms as an Administrator or an Additional User, as applicable.  As any User of the Services, unless otherwise explicitly stated in this Agreement, all of these terms apply to you each time you access the Services.

2.2. For Administrators. As an Administrator, the following applies to you:  Only Administrators may designate another individual as a replacement Administrator.  You agree that Additional Users are KSOFT customers, but that you are responsible for your Additional Users’ access to the Services.  Depending on the types of access rights you grant to Additional Users, Additional Users may be able to delete, copy, or view the Content and data accessible in your account and add charges to the subscription.  As Administrator, you are responsible for the access to the Services you grant to Additional Users.  If you choose to close or terminate your access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service.  You agree to provide sufficient notice to Additional Users of your desire to terminate access to the Services before taking such actions.  A violation of any terms of this Agreement by an Additional User may result in the termination of an Administrator’s or any Additional User’s access to the Services.

2.3. For Additional Users.  As an Additional User, the following applies to you: When you register to access an account for which you are not an Administrator, you understand that you are accessing the Service as an Additional User and you may not have the same level of access or the same rights as an Administrator. Depending on the types of rights you are granted by the Administrator, you may be able to delete, copy, or view other User’s Content and data.  Please make sure that you have an agreement with the Administrator about your role and rights.  If an Administrator chooses to close or terminate access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service.  As an Additional User, you understand that if you violate this Agreement, your access to our Services may be terminated, and we retain the right to also terminate access for any other Users of the same account.

  1. SUBSCRIPTION.

3.1. Payment for Services.  The Services are licensed on a monthly or yearly subscription basis to the User that pays for the Service. As the Administrator, you may choose whether you or another User pays for the license.  Please review all of the details of the subscription that you purchase; some subscriptions provide access to one Service and others provide access to more than one Service.

3.2.  Subscription Cancellation. The Administrator may notify us if he or she wants to cancel the subscription prior the beginning of the new subscription period.  In the event that KSOFT is unable to charge a User’s chosen payment method in accordance with this Agreement, we may terminate this Agreement and access to the Services immediately, without notice.  If you stop using the Services, KSOFT has fulfilled your subscription term.  Fees for the Services are not eligible for any proration of unused subscriptions or refunds, even if access to the Services is cancelled or terminated.  After your access to the Services is terminated, you may no longer have access to any of the data or Content in the Services.  We suggest you retain your own copies of any data or Content that you may need as KSOFT is not responsible for providing you with access to your Content or the Services after any cancellation or termination of this Agreement.

  1. ACCOUNT FEATURES.

4.1. Trial Version.  If you registered for a trial use of the Services, you will have access to the Services for the specified period of the trial (“Trial Period”).  You must decide to purchase a license to the Services within the Trial Period in order to retain access to any Content provided or created during the Trial Period. If you do not purchase a license to the Services by the end of the Trial Period, you will not be able to access or retrieve any of the Content you added to or created with the Services during the trial.

4.2. Beta Features.  From time to time, we may include new or updated beta features in the Services (“Beta Features”).  Beta Features may have associated fees, which will be disclosed to you at the time you choose to use the Beta Features.  We understand that your use of any Beta Feature is voluntary.  You understand that once you use a Beta Feature, you may be unable to revert to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the prior non-beta version.  Except as prohibited by law, the Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and information from any connected device.

  1. DATA.

5.1. Personal Data.  If you are providing data to us that is not your personal information, you agree that you have either provided the owner of such personal information notice or received permission from the owner of such personal data, as required by applicable law, for us to: (a) use or disclose the data in accordance with the KSOFT Privacy Statement, (b) move the data outside of the country of residence of such owner of the personal data, if applicable, (c) provide the data to Third Party Products that you approve, and (d) otherwise use and disclose the data in accordance with this Agreement.  You acknowledge and agree that KSOFT may provide data in your account to any Additional Users to which that data is applicable or personal.

5.2.  Public Content.  As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data (“Account Content”) with other Users, other KSOFT customers, and other third parties.   When sharing any Account Content, you agree not to share any confidential information.  If you have the option of accessing another User’s Account Content, you understand and agree that the Account Content is being provided by the User, and not KSOFT, for information and guidance purposes only, and KSOFT and such User are not responsible in any way for your use of the Account Content.

5.3. Telephone numbers and Email. You may provide us with your telephone number and Email address as part of your customer record or registration. You agree that KSOFT may send automated text messages and auto-dialed messages to the telephone number or an email you provide for certain limited purposes, including: verifying your identity, providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services.

  1. OTHER PRODUCTS AND SERVICES.

6.1. Third Party Products.  By using these Services, you agree that we may market to you or offer you access to products or services from third parties (“Third Party Products”).  If you decide to use or access any Third Party Products, you agree that you are solely responsible for your relationship with the provider of the product.  KSOFT is not affiliated with Third Party Products and does not endorse or recommend any Third Party Products.  Except as prohibited by law, you agree that the providers of the Third Party Products, and not KSOFT, are solely responsible for their own actions or inactions, and KSOFT is not liable for any damages, claims or liabilities arising out of or related to any Third Party Products.  You agree that you will (a) review and comply with all Third Party Product terms and conditions, and (b) not use the Third Party Product in any manner that would infringe or violate the rights of KSOFT or any other party or in furtherance of criminal, fraudulent or other unlawful activity.

6.2.    Data Transfer Service.

(a)    We may provide you with the opportunity to transfer your data and Content from the Services to certain supported online Third Party Products or other online KSOFT services (the “Ancillary Services”) that you sign up for or use in connection with the Services (the “Data Transfer Service”).  You may need to be an active subscriber of the Third Party Product or Ancillary Services to use the Data Transfer Service.   In order to access a Third Party Product or an Ancillary Service on your behalf to provide the Data Transfer Service, you may need to provide us with your account number, password, security questions and answers, and any other necessary log in information from time to time (“Login Details”). We will maintain your Login Details in encrypted form, and will only use them in connection with the Data Transfer Service or otherwise at your direction.  You hereby represent that you have the authority to provide the Login Details to KSOFT and you expressly appoint KSOFT as your, or the third party who owns the Login Details’, agent with limited power of attorney to access any Third Party Products or Ancillary Services on your behalf.  With respect to each Data Transfer Service, you grant KSOFT the right to transfer data to the Third Party Product or Ancillary Service, and to reformat and manipulate the data as reasonably necessary for the data to function with such product or service.  After the transfer occurs, the original data and Content will remain in the Services unless we disclose to you otherwise.

(b)    You agree that you will (a) review and comply with all Third Party Product or Ancillary Service terms and conditions before you access the Data Transfer Service, and (b) not use the Data Transfer Service in any manner that would infringe or violate the rights of KSOFT or any other party, or in furtherance of criminal, fraudulent or other unlawful activity.  Depending on the Third Party Product or Ancillary Service you choose, you further agree and acknowledge that your data, including your personal information, may be transferred through the Data Transfer Service to another country where security and privacy controls may not be adequate for data protection.  We do not guarantee that you will be able to use the Data Transfer Service with any specific products or services.  You will only have access to the Data Transfer Services during the period for which you have paid for a subscription. Third Party Products may make changes to their websites, with or without notice to us, that may prevent or delay the overall performance of the Data Transfer Service.

6.3.    Data Receipt Service.

(a)   We may provide you with the opportunity to transfer certain data from a Third Party Product or an Ancillary Service to these Services (the “Data Receipt Service”).  You may need to be an active subscriber of the Third Party Product or Ancillary Services to use the Data Receipt Service.  In order to access a Third Party Product or an Ancillary Service on your behalf, you may need to provide us with your Login Details.  We will maintain your Login Details in encrypted form, and will only use them in connection with the Data Receipt Service or otherwise at your direction.  You hereby represent that you have the authority to provide the Login Details to KSOFT and you expressly appoint KSOFT as your, or the third party who owns the Login Details’, agent with limited power of attorney to access any Third Party Products or Ancillary Services and retrieve  data on your behalf. With respect to each Data Receipt Service, you grant KSOFT the right to transfer data to the Services, and to reformat and manipulate your data as reasonably necessary for the data to function with the Services.  After the transfer occurs, your original data and Content may not remain in the Third Party Product or the Ancillary Services; please review the terms of those products and services to confirm.

(b)   You agree that you will (i) review and comply with all Third Party Product and Ancillary Service terms and conditions before you access the Data Receipt Services, and (ii) not use the Data Receipt Services in any manner that would infringe or violate the rights of KSOFT or any other party, or in furtherance of criminal, fraudulent or other unlawful activity.  In the event that any Third Party Product charges for access to data, you agree that you are responsible for any fees due and owing.  You agree that the providers of the Third Party Products, and not KSOFT, are solely responsible for their own actions or inactions.  KSOFT is not liable for any damages, claims or liabilities arising out of or related to any Third Party Products.

(c)   We do not guarantee that you will be able to use the Data Receipt Service with any specific products or services.  You will only have access to the Data Receipt Services during the period for which you have paid for a subscription.  Third Party Products may make changes to their websites, with or without notice to us, that may prevent or delay aggregation of data or the overall performance of the Data Receipt Service.  Your most recent data from a Third Party Product or Ancillary Service may not always be available in the Services.  Any data obtained through the Data Receipt Service will be made available in the Services, and will be subject to the terms and conditions of this Agreement, including our Privacy Policy.

6.4. Third Party Code.  The Services use PDF Tron technology (“Third Party Code”), which is subject to the following additional license terms. You agree that you (a) will use the Third Party Code only as an integral component of the Services; (b) will not use the Third Party Code for development, compilation, debugging and similar design-time purposes; (c) will not reverse-compile or decompile, analyze, reverse-engineer, reverse-assemble or disassemble, unlock or otherwise attempt to discover the source code or underlying algorithms of the Third Party Code or attempt to do any of the foregoing in relation to the object code of the Third Party Code; and (iv) will not modify, adapt, translate or create any derivative works of the Third Party Code or merge the Third Party Code into any other software.

6.5. Service Providers.  We may use third parties in the operation of our Services or to perform any of our obligations in this Agreement (each a “Service Provider”).  In order for our Service Providers to be able to provide you with certain aspects of the Services, we may share a limited amount of your data or Content with such Service Provider.  Our agreements with Service Providers outline the appropriate use and handling of this information and prohibit the Service Provider from using any of your information for purposes unrelated to the Services.

  1. ONLINE NOTIFICATION AND DISCLAIMER

7.1  KSOFT will provide you with account-related notifications due to inaction on your account, confirmation of information and reminders to categorize your transactions.  These notifications will be sent to the email address you have provided as your primary email address when you register for the Services.   Anyone with access to your email will be able to view the content of these notifications.

7.2 You understand and agree that any notifications provided to you through the Services may be delayed or prevented by a variety of factors. KSOFT does its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any notification. You also agree that KSOFT shall not be liable for any delays, failure to deliver, or misdirected delivery of any notification; for any errors in the content of a notification; or for any actions taken or not taken by you in reliance on a notification.

  1. COMMUNICATION SERVICES. We may provide you with the opportunity to communicate with other Users within the Services, or with other third parties through the Services (“Communication Services”).  You may choose whether or not you would like to use the Communication Services. You agree that you have received permission to communicate with any third parties who are not Users through the Communication Services, and that such third parties have agreed to KSOFT’s use and disclosure of data available in the Communication Services in accordance with this Agreement.  Users who you communicate with may have access in the future to the data provided through the Communication Services, and you may not have the ability to restrict that access. KSOFT’s systems may extract certain data (e.g., numbers, names, or attachments) from the Communication Services and provide it to you in other parts of the Services.
  1. APPLE/ANDROID REQUIREMENTS. If you downloaded the Services from the Apple iTunes/Android Play Store the following apply:

9.1. Acknowledgement: You acknowledge that this Agreement is between you and KSOFT only, and not with Apple/Android, and KSOFT, not Apple/Android, is solely responsible for the Services and the content thereof.

9.2. Scope of License: The license granted to you for the Services is a limited, non-transferable license to use the Services on an iOS product and Android that you own or control and as permitted by the Usage Rules set forth in the Apple iTunes App Store and Android Paly Store Terms of Service.

9.3. Maintenance and Support: KSOFT and not Apple/Android is solely responsible for providing any maintenance and support services with respect to the Services.  You acknowledge that Apple/Android has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.

9.4. Warranty: KSOFT is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.  In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple/Android, and Apple/Android will refund the purchase price for the Services in the Apple iTunes App//Android Play Store to you. To the maximum extent permitted by applicable law, Apple/Android will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be KSOFT’s sole responsibility, as between KSOFT and Apple/Android.

9.5. Product Claims: KSOFT, not Apple/Android, is responsible for addressing any user or third party claims relating to the Services or the user’s possession and/or use of the Services, including, but not limited to: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

9.6. Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights Apple/Android will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

9.7. Legal Compliance: You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

9.8. Developer Contact Info: Direct any questions, complaints, or claims to KSOFT email: info@ksoft.solutions

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