Kintow Subscription
Service Agreement

This SaaS Subscription Agreement (“Agreement”) is a legally binding contract between Kintow, Inc. (“Kintow,” “we,” “us,” or “our”) and the entity or individual agreeing to these terms (“Customer,” “you,” or “your”) regarding your access to and use of the Kintow platform and related services (collectively, the “Service”).

By signing an Order Form or otherwise accessing or using the Service, you agree to be bound by this Agreement.

1. Acceptance of Agreement

By using the Service, you confirm that you are at least 18 years old and legally able to enter into this Agreement. If you are using the Service on behalf of a company or organization, you represent that you have authority to bind that entity, and all references to “you” apply to that entity.

2. Your Account and Security

You may be required to create an account to access certain features. You agree to provide accurate, current information and maintain its accuracy. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at support@kintow.com if you suspect unauthorized use.

3. Subscription and Payment

3.1 Subscription

Certain features of the Service are offered on a subscription basis as described in your Order Form or online plan. Subscriptions renew automatically unless canceled prior to renewal.

3.2 Fees

You agree to pay all fees in advance according to your chosen billing cycle. Payments are non-refundable except as expressly stated in this Agreement.

3.3 Late Payments

If any payment is not received when due, Kintow may suspend access to the Service until payment is received in full.

3.3 Taxes

Fees exclude taxes and duties, which are your responsibility except for taxes based on Kintow’s income.

4. Privacy and Data Use

Your privacy matters to us. By using the Service, you agree to the collection and use of information as described in our Privacy Policy.

4.1 Aggregated and Anonymized Data

‍Kintow may use de-identified or aggregated Customer data for internal analytics, benchmarking, and product improvement, provided such data cannot identify you or your customers.

4.2 Security

‍Kintow follows commercially reasonable, industry-standard practices to protect your data, but no system is completely secure. You are responsible for maintaining backup copies of your data..

5. Customer Content

You retain ownership of all data, materials, and content uploaded to the Service (“Customer Content”). You grant Kintow a non-exclusive license to use, process, and store Customer Content as necessary to deliver, maintain, and improve the Service.You represent that your Content complies with applicable law and does not infringe upon the rights of others.

6. Confidentiality

Each party agrees to use reasonable care to protect the other’s confidential or proprietary information and to use it solely for purposes of performing under this Agreement.Confidentiality obligations do not apply to information that (a) is or becomes public, (b) was known prior to disclosure, (c) is lawfully received from a third party, or (d) is independently developed without use of the other’s confidential information.

7. Prohibited Activities

You agree to avoid any activities that could harm the Service, including:

• Upload or transmit harmful code, spam, or malicious content.
• Attempt to hack, reverse-engineer, or disrupt the Service.
• Violate intellectual-property or privacy rights.
• Share or resell access to third parties without authorization.
• Use the Service for any unlawful or fraudulent purpose.

8. Kintow Intellectual Property

Kintow owns all rights, title, and interest in and to the Service, including software, designs, trademarks, and related materials.

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You may not reproduce, distribute, modify, or create derivative works from any Kintow content without written permission.

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Feedback or suggestions you provide may be used by Kintow freely and without obligation.

9. Services and Support

Kintow will provide access to the Service per the terms of this Agreement and your Order Form.Support is available via email at support@kintow.com during normal business hours (Monday–Friday, 9:00 AM – 6:00 PM ET).Kintow may enhance or modify the Service over time, provided such changes do not materially reduce core functionality during a paid term.

10. Termination and Termination

10.1 Term

This Agreement begins on the effective date in your Order Form and remains in effect for the Subscription Term unless terminated earlier.

10.2 Termination for Cause

Either party may terminate if the other materially breaches and fails to cure within 30 days of written notice.

10.3 Termination for Convenience

Either party may choose not to renew by giving written notice at least 30 days before the end of the current Subscription Term.

10.4 Effect of Termination

Upon termination, your right to use the Service ends. All outstanding fees become due, and Kintow will retain Customer Content for a minimum of 30 days to allow export before deletion.

11. Disclaimer of Warranties

The Service is provided “as is” and “as available.”
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Kintow disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

Neither party shall be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunity. Each party’s total cumulative liability for all claims arising from or related to this Agreement shall not exceed the total fees paid by Customer to Kintow during the three (3) months preceding the event giving rise to the claim. These limitations do not apply to your payment obligations.

13. Indemnification

You agree to indemnify and hold harmless Kintow, its officers, and employees from any claims, damages, or expenses arising from (a) your use of the Service, (b) your Customer Content, or (c) your breach of this Agreement or law.

14. Publicty

Unless otherwise agreed in writing, Kintow may include your name and logo in its customer lists, website, and marketing materials to identify you as a customer. You may opt out by notifying support@kintow.com in writing.

15. Governing Law

This Agreement is governed by the laws of the State of Delaware, excluding conflict-of-law principles.

16. Miscellaneous

Entire Agreement: This Agreement and any applicable Order Form constitute the full understanding between the parties.
‍Order of Precedence: If there is a conflict, the Order Form controls.
‍Assignment: Neither party may assign this Agreement without the other’s written consent, except to a successor by merger or acquisition.
‍Force Majeure: Neither party is liable for delays caused by events beyond reasonable control.
‍Notices: Must be in writing and sent via email or certified mail to the addresses listed in the Order Form.
‍Amendments: Kintow may update this Agreement by posting a revised version online; continued use constitutes acceptance.

17. Contact Us

If you have questions about these Terms, please contact us at support@kintow.com.