General Terms and Conditions
Dear user
These are the general terms and conditions on which we supply all our services. If you use our services, you agree to abide by these terms.
SUMMARY
CHAPTER I – TERMS AGREEMENT
CHAPTER II – ACCOUNTS AND MEMBERSHIPS
CHAPTER III – BILLING AND PAYMENTS
CHAPTER IV – ACCURACY OF INFORMATION
CHAPTER V – THIRD-PARTY SERVICES
CHAPTER VI – BACKUPS
CHAPTER VII – LINKS TO OTHER MOBILE APPLICATIONS
CHAPTER VIII – PROHIBITED USES
CHAPTER IX – INTELLECTUAL PROPERTY RIGHTS
CHAPTER X – SEVERABILITY
CHAPTER XI – CHANGES AND AMENDMENTS
CHAPTER XII – PARTNERSHIP PROGRAM
CHAPTER XIII – ACCEPTANCE OF THESE TERMS
APPENDIX – LIST OF RESTRICTED PRODUCTS OR SERVICES
CHAPTER I - TERMS AGREEMENT
These terms and conditions ("Terms", "Agreement") are an agreement between Kyte Tecnologia de Software, LTDA. ("Kyte Tecnologia de Software, LTDA.", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Kyte POS | Point of Sale mobile application and any of its products or services (collectively, "Mobile Application" or "Services").
CHAPTER II - ACCOUNTS AND MEMBERSHIP
If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
CHAPTER III - BILLING AND PAYMENTS
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange between the Mobile Application and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
CHAPTER IV - ACCURACY OF INFORMATION
Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or on any related Service has been modified or updated.
CHAPTER V - THIRD-PARTY SERVICES
If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Kyte Tecnologia de Software, LTDA. with respect to such other services. Kyte Tecnologia de Software, LTDA. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective mobile applications. By enabling any other services, you are expressly permitting Kyte Tecnologia de Software, LTDA. to disclose your data as necessary to facilitate the use or enablement of such other service.
CHAPTER VI - BACKUPS
We are not responsible for Content residing in the Mobile Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
CHAPTER VII - LINKS TO OTHER MOBILE APPs
Although this Mobile Application may be linked to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this Mobile Application. Your linking to any other off-site mobile applications is at your own risk.
CHAPTER VIII - PROHIBITED USES
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.
CHAPTER IX - INTELLECTUAL PROPERTY RIGHTS
This Agreement does not transfer to you any intellectual property owned by Kyte Tecnologia de Software, LTDA. or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Kyte Tecnologia de Software, LTDA. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Kyte Tecnologia de Software, LTDA. or Kyte Tecnologia de Software, LTDA. licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Kyte Tecnologia de Software, LTDA. or third-party trademarks.
CHAPTER X - SEVERABILITY
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
CHAPTER XI - CHANGES AND AMENDMENTS
We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.
CHAPTER XII – PARTNERSHIP PROGRAM
Kyte has been offering a product for over 5 years that simplifies the day-to-day activities of formal and informal entrepreneurs in Brazil and worldwide. It facilitates inventory management and the process of in-person and online sales for various types of businesses, enabling professionalism, digitalization, and ease for all our customers. Therefore, we are seeking individuals interested in increasing their income or who want to try working in a different way than they are accustomed to.Below you will find what Kyte is proposing and the conditions for you to become a part of it:1. It all starts with your registration. Each registration will be evaluated, and the interested party will receive a response from Kyte. REGISTRATION IN THE Kyte PARTNER PROGRAM IS COMPLETELY FREE. Kyte DOES NOT CHARGE AND DOES NOT AUTHORIZE THIRD PARTIES TO CHARGE FOR PROGRAM REGISTRATION.2. As a Kyte Partner, you will offer entrepreneurs the opportunity to subscribe to Kyte.
3. You will earn a commission every time a user referred by you subscribes to a monthly or annual Kyte subscription through your unique link. The compensation structure for the Partnership Program, including the commission prices, may vary depending on the specific jurisdiction in which the program is accessible. The Partner is advised to review the prevailing commission prices as displayed on our website at https://kyteapp.com/partnerships or to make direct inquiries with our team for precise information. Unless expressly agreed upon in writing by both parties, the maximum commission payable for each individual transaction shall not exceed the prevailing cost of a monthly subscription to the Grow Plan, as listed on the company's official pricing schedule. Any deviations or exceptions to this policy must be expressly agreed upon in writing by an authorized representative of Kyte. The company reserves the right to amend, revise, or modify its commission prices and payment policies at its sole discretion, at any time, and without prior notice to the Partner, subject to any applicable laws or regulations..
4. You will only receive a commission for users who subscribe to Kyte for the first time and have not been subscribers for at least two months. In other words, the sale will generate a commission for you only if the user has not been a Kyte subscriber in the two months prior to your sale.
4.1. If you contact a specific entrepreneur who is already a Kyte subscriber and they do not automatically renew their subscription through your unique link the following month, that sale will not be counted for you since we consider that user to be an existing Kyte customer.
4.2. If the user is already using Kyte but is on the free plan for at least 2 months and you manage to sell them a subscription plan through your unique link, the sale will be eligible for a commission.
4.3. The compensation is calculated on a monthly basis (from the first day to the last day of the month). The system will calculate all eligible Kyte plans for compensation and send a consolidated statement to the ambassador (you) via email. The statement will be sent by the 5th business day of the following month after the calculation.
4.4. Kyte will credit the payment to the bank account specified in your registration by the 20th day of the calculation month. The bank account must be registered in your name (registered with your Government issued ID as indicated in the registration form). The positive compensation in the specified bank account will serve as automatic, comprehensive, irrevocable, and unrestricted settlement of the payment made by Kyte to the PARTNER, and the Kyte Partner will have no further claims against Kyte regarding the payment.
4.5. Please note that your commission will be paid only the first time a user subscribes to Kyte. If they renew the subscription in the following months, you will not receive commissions for the renewals. However, if we notice that your customers frequently renew their subscriptions with us, we may offer special conditions to incentivize you to continue generating more sales.
4.6. Also, please note that you have a period of 30 (thirty) calendar days from the date of the credited payment in your registered bank account to raise any concerns about the remuneration amount. After the mentioned period, the credited payment will be considered unrestricted and irrevocable, with no further validity or effect.
5. If any questions arise along the way, you can send an email to help@kyteapp.com, and we will clarify them. You can also access the FAQ on our website at https://www.kyteapp.com/partnerships.
6. These conditions are valid for a period of 12 (twelve) months from their publication and can be automatically renewed. However, please note that Kyte may modify them without prior notice. In such a case, the new version will replace the previous one, and you may be notified by email. We recommend that you always check these conditions before referring a Kyte subscription.
7. Kyte may unilaterally cancel your registration by sending a simple notification if it identifies any illicit or fraudulent actions, non-compliance with the rules of this regulation, or actions that go against our policies and values, such as any form of discrimination based on gender, race, or sexual orientation, expression on social networks or other media that may harm the image of Kyte, a Kyte customer, or a prospective user, or any other act or omission that may harm this program or lack of interest in maintaining your participation in it.
8. You shall fully indemnify Kyte if you cause any damage, whether directly or through a third party, as a result of the situations mentioned in the above paragraph, including losses and damages, as well as the procedural and administrative expenses incurred by Kyte in judicial and/or administrative proceedings.
8.1. The Kyte Partner may be held civilly and criminally liable if the forgery of private documents is proven.
9. You are obliged to maintain absolute confidentiality regarding any data, materials, documents, technical or commercial specifications of Kyte that you become aware of or have access to or are entrusted with as part of this program. You may disclose the commercial proposal only to the prospect company, under penalty of being liable for the damages caused by the breach of confidentiality, unless there is written consent 10. from a legal representative of Kyte.
The information/data used by you is the exclusive property of Kyte, and you will be responsible for their correct use. You agree not to transfer, trade, or duplicate such information/data improperly, and you undertake to comply with Brazilian legislation regarding the protection of personal data and ensure the privacy of data subjects.
10.1. Therefore, access, use, collection, production, reception, classification, reproduction, transmission, distribution, processing, archiving, storage, elimination, evaluation, control, modification, communication, transfer, dissemination, extraction, and sharing of personal data sent to you by Kyte or obtained as a result of this program will be authorized and limited to what is strictly necessary for the processing and implementation of this program's objectives. The use of personal data for any other purpose is prohibited.
11. By joining this partnership, you acknowledge and agree to undergo registration analyses and the sharing of your data by Kyte solely for the purpose of facilitating the smooth execution of all actions specified in this Regulation.
12. The Kyte Partner and Kyte declare that they adhere to their own rules regarding: (i) CONDUCT, which includes ethical, respectful, honest, and transparent behavior guidelines; (ii) COMPLIANCE, ensuring compliance with the legislation in force in the country, observing the rules, policies, and anti-corruption procedures of any government or competent authority, considering the jurisdiction where the business and services will be conducted or performed, in accordance with this Regulation, particularly as provided in Law and their respective updates/supplements; and (iii) IDENTIFICATION AND IMPLEMENTATION OF CORRECTIVE AND/OR PUNITIVE MEASURES when any misconduct is detected on the part of the Kyte Partner and/or administrators, employees, and other collaborators directly or indirectly linked to the Kyte services provided herein.
13. The Kyte Partner and Kyte also declare that they reject and condemn acts of corruption in all its forms, including extortion and bribery, as provided in Law, financing of terrorism, illegal, forced, and/or slave-like labor, as well as all forms of exploitation of children and adolescents and any act of harassment or discrimination in their employment relationships, including remuneration, access to training, promotions, dismissals, or retirements, based on race, ethnic origin, nationality, religion, gender, gender identity, sexual orientation, age, physical or mental disability, union affiliation, or any act that violates: (i) human rights and/or involves or results in physical or mental torture; (ii) personal health and safety and/or workplace health and safety; (iii) the right to free association of employees; and (iv) environmental and sustainability rights, and (v) the promotion of diversity.
14. This Agreement does not establish any form of partnership, employment relationship, or joint or several liability between the Parties. The Parties are independent, and there is no connection between them, and each party shall indemnify the other for any liability arising from labor claims or any other actions brought by its employees or former employees, subcontractors, unions, or third parties and indemnify it for any amounts it may be obliged to pay.
15. This Agreement does not bind either Party with respect to the present or future economic results of their respective activities. Therefore, neither Party shall be held responsible for such results, whether during the term of this contract or after its termination, for any reason whatsoever.
16. By this instrument, no joint or subsidiary responsibility is established on the part of Kyte for the affiliated entities or users who use the services of the Kyte Partner as a result of this partnership. Each entity shall be individually responsible as agreed upon.
17. Kyte reserves the right to terminate this partnership agreement unilaterally and with immediate effect if the Kyte Partner engages in any illegal or fraudulent activities, violates the terms of this agreement, or acts in a manner that harms the reputation or interests of Kyte.
18. During the partnership period and for a period of 1 month following the termination of this agreement, the Kyte Partner agrees not to directly or indirectly engage in any activities that compete with the products or services offered by Kyte.
19. The Kyte Partner acknowledges and agrees that any proprietary information, trade secrets, or customer data disclosed by Kyte during the partnership is confidential and proprietary to Kyte. The Kyte Partner shall maintain the strictest confidentiality of such information and shall not disclose or misuse it for personal gain or to the detriment of Kyte, both during the partnership and after its termination.
20. The Kyte Partner agrees to indemnify and hold Kyte harmless from any losses, damages, claims, liabilities, or legal expenses (including attorney's fees) incurred by Kyte arising out of or related to any actions, breaches, or violations of this agreement by the Kyte Partner, including but not limited to breaches of confidentiality, violation of laws, or harm caused to third parties.
21. The Kyte Partner shall comply with all applicable laws, regulations, and industry standards while carrying out activities as a partner of Kyte. The Kyte Partner acknowledges that any non-compliance may result in immediate termination of this agreement and may subject the Kyte Partner to legal consequences.
22. Kyte reserves the right to modify the terms, conditions, or provisions of this agreement at any time. The Kyte Partner is responsible for regularly reviewing the agreement and will be bound by any modifications made by Kyte. Notice of any modifications will be provided to the Kyte Partner via email or other reasonable means.
CHAPTER XIII – ACCEPTANCE OF THESE TERMS
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.
If you have any questions about this Agreement, please contact us at help@kyteapp.com
This document was last updated on June 5th, 2023.
appendix - list of restricted products or services
Users of this platform are strictly prohibited from engaging in any activity related to the sale, purchase, or distribution of illegal or restricted products and services. This includes, but is not limited to, items such as controlled substances, prescription medications without valid prescriptions, firearms, ammunition, counterfeit goods, stolen property, explicit adult content, and prohibited digital content. Users are also prohibited from offering products that violate intellectual property rights, endanger wildlife, or involve hazardous materials. This platform is committed to compliance with applicable laws and regulations, and any violation of these terms may result in immediate suspension or termination of user accounts, as well as reporting to relevant legal authorities. It is the responsibility of each user to be aware of and adhere to the laws and regulations governing the sale and distribution of products in their respective jurisdictions. We encourage all users to consult with legal professionals to ensure full compliance with local laws. By using this platform, you acknowledge and agree to abide by these restrictions and to report any suspicious or potentially illegal activities to the platform administrators.
1. Illegal Drugs and Substances: Controlled substances, narcotics, illegal drugs, and related paraphernalia.
2. Prescription Medications: Prescription drugs and medications without a valid prescription.
3. Firearms and Weapons: Firearms, ammunition, explosives, and certain types of weapons.
4. Tobacco and Vaping Products: Tobacco products, e-cigarettes, and vaping devices with age restrictions.
5. Alcohol: Alcoholic beverages with age restrictions and varying regulations.
6. Counterfeit Goods: Fake or imitation products that violate trademark and copyright laws.
7. Endangered Species and Wildlife Products: Products made from endangered or protected species.
8. Hazardous Materials: Substances that are toxic, flammable, radioactive, or otherwise hazardous.
9. Stolen Goods: Products obtained through theft or illegal means.
10. Adult Content and Obscene Materials: Pornography, sexually explicit content, and materials deemed obscene.
11. Gambling and Betting Services: Online gambling, betting services, and lottery tickets.
12. Pyrotechnics: Fireworks and explosive devices.
13. Unauthorized Digital Content: Pirated software, movies, music, and other copyrighted materials.
14. Human Organs and Tissues: Trafficking or sale of human organs, tissues, or body parts.
15. Fakes and Knockoffs: Products infringing on trademark and copyright laws.
16. Dangerous Chemicals: Certain chemicals that can be used to produce illegal substances.
17. Unapproved Medical Devices: Medical devices without proper regulatory approvals.
18. Hate Speech and Offensive Materials: Items promoting hate speech, racism, or offensive content.
19. Unauthorized Surveillance Equipment: Devices used for illegal surveillance or eavesdropping.
20. Unlicensed Software or Technology: Software or technology that violates intellectual property rights.
This document was last updated on June 5th, 2023.