Terms of Service
Effective as from 05/11/2016
Thank you for using Kdan Cloud.
By registering for membership with Kdan Mobile Software Ltd. (“Kdan”) and using Kdan Cloud and related services and features (“Services”), you (“User”) are agreeing that this Terms of Services will apply and that you are bound by these terms (“Agreement”).
- Membership and Subscription
User shall register for Kdan’s membership before subscribing Kdan Cloud; the membership registration is free of charge. User may apply for new accounts via valid emails or through Facebook accounts for the membership registration. In the event that the emails or Facebook accounts used by a User for membership registration is/are found to be invalid, Kdan shall have right at its sole discretion to suspend such User’s Kdan account and/or delete or remove any and all files stored under such account without any liability. If a User encounters subscription or payment refund problems that are resulted from using invalid emails or Facebook accounts, subsequent handling will take place only if such a User has resubmitted and verified a valid email or Facebook account and upon confirmation that such resubmitted account belongs to the User making the compliant. User is deemed to have agreed to receive any emails or e-newsletters that will be sent by Kdan upon making the application for Kdan’s membership registration. User will be charged only for and when subscribing and purchasing Kdan Cloud for cloud space or Services.
The Services provided on Kdan Cloud include cloud storage and the services packaged with other products User may have subscribed.
The cloud storage purchased is compatible and accessible to and by all Kdan Apps supporting the Kdan Cloud Storage. Any supplementing or peripheral services and features provided by Kdan other than Kdan Cloud may not be compatible to all Kdan Apps. Kdan is committed to continually provide new APP services to User to optimize the user experience.
- Cloud Storage on Applications
User shall log in to the account on Kdan Cloud on the purchased App(s) before User can access and use the Services purchased.
- Subscription and Trial
Kdan Cloud provides free trial for a specified period to be determined by Kdan from time to time for accessing and using the Services (“Free Trial”). Free Trial may be activated by one of the following methods: (1) by clicking the “Free Trial” button and starting subscription on Kdan’s apps (2) by redeeming the redeem code (User will be required to provide credit card details for code redemption) or gift card on the website of Kdan’s Creative Store ; or (3) User may obtain Free Trial or extend Free Trial by using Kdan’s Referral Program either through sending invitation to friends or accepting invitation from friends and upon completion of designated tasks (e.g. account registration or app downloading)
After subscribing or activating Kdan’s Services through Free Trial, User can view his or her current status of subscription under My Account of Kdan Apps. User can also renew or cancel his or her subscription by following one of the methods described below:
Upon the expiration of the Free Trial period, for User activating the Free Trial through method (1) above, such User will automatically become a paying user of Kdan Cloud and subscription fee will be charged by subtracting funds from User’s account. User’s subscription will be automatically renewed until User unsubscribes to his or her Kdan Cloud subscription. If User wishes to unsubscribe to his or her fee-paying subscription by the end of the Free Trial period, User should follow the instructions available on https://support.apple.com/en-us/HT202039.
For User activating the Free Trial through method (3) above, procedures for subsequent fee-paying subscription or cancellation of subscription shall follow the procedures set forth for the method (e.g. method (1) or (2) ) User first obtains his or her access to the Free Trial.
- Referral Program
For a registered member of Kdan who has been verified, he or she can obtain free trial of All Access Pack or extend the period of free trial or subscription of All Access Pack by inviting friends. Both inviter and invitee will obtain 30 days rewards of All Access Pack. Methods of referral include the followings:
- For a verified Kdan’s member, he or she can send referral link through Email, Facebook or Twitter on Apps supported by Kdan’s Referral Program. Every invitation sent by each member has a unique url. If a friend being invited has registered on either Kdan’s website or Kdan’s apps and being verified to become Kdan’s member through such referral link, both the inviter and the invitee (i.e. the friend) can obtain 30 days rewards of All Access Pack (the “Reward”). Apps supported by Kdan’s Referral Program include: Animation Desk Cloud, NoteLedge Cloud, PDF Markup Cloud, Pocket Scanner Cloud, and Write-on Video Cloud.
- In the event that the inviter or the invitee has already paid fees for trial or subscription of All Access Pack, the 30 days Rewards will be given by extending the original period of use for such an inviter or the invitee. As Kdan adopts automatic billing for renewal of subscription, the Rewards days will be given after the subscription period ends.
- If User would like to check the status of his or her All Access Pack, User can view his or her subscription status of All Access Pack under Account Info by logging into the App by using Kdan ID.
- Subscription Cancellation
If User subscribes to Kdan’s Services via in-app purchase, he or she shall follow the procedures set forth in the platform where User originally subscribed to the Services for viewing subscription history or cancelling automatic renewal. For instance, if User subscribed to Kdan’s Services via Apple’s in-app purchase, he or she shall follow Apple’s procedures for subscription management or refund as set forth at https://support.apple.com/en-ap/HT202039;or if User subscribed to Kdan’s Services via Window’s or Android’s in-app purchase, he or she shall follow Window’s or Android’s procedures as set forth at http://www.microsoftstore.com/store/msusa/en_US/DisplayHelpSubscriptionAutoRenewalPolicyPage or https://support.google.com/googleplay/answer/2476088?hl=en respectively. If however, User subscribed to Kdan’s Services on the website of Kdan’s Creative Store, he or she can view his or her subscription history or cancel his or her automatic renewal on the Order History webpage https://creativestore.kdanmobile.com/my-account/. For special circumstances where refund is required, please contact us at http://www.kdanmobile.com/en/contact.html, our customer service will provide further response.
For User subscribed to Kdan’s Services on the website of Kdan’s Creative Store, Kdan’s refund policy is as follow:
- User will receive 100 % refund if he or she cancels his or her subscription within 14 days of subscription. Kdan may however charge processing costs of no more than 5% of the subscription payment.
- User will receive up to 70% refund if he or she cancels his or her subscription within 15 ~30 days of subscription. Kdan may however charge processing costs of no more than 5% of the subscription payment.
User is not entitled to any refund if he or she cancels the subscription after 30 days of subscription.
In the event that User unsubscribes to the Services prior to the expiration of the subscription, User may still access and use the Services until the expiration date. However, in the event that User obtains any refunds the Services shall be terminated automatically and simultaneously without prejudice.
User shall be solely responsible for the backup of files upon the refund or subscription cancellation. Kdan shall in no event be held responsible or liable for any loss or recovery of files or damages therefrom.
- File Backup
Kdan Cloud provides only online storage space for files uploaded by User. Kdan shall in no event be held responsible or liable for any loss, damage, or unauthorized use of files attributable to User or perpetrated by any third party.
User shall be solely and fully responsible for the safekeeping of password and backup of any and all files in all time throughout the subscription and in the event of subscription cancellation, disabling the auto-renewing subscription setting, declining the subscription renewal, requests for refunds or any discontinuation of the Services.
For the file backup, User shall retrieve and download the files on the Kdan Cloud to User’s own devices or other storage space.
- Subscription Expiration
Upon expiration of subscription, Kdan will notify User by email to User’s registered email address or Facebook account.
Upon the expiration of subscription, the files maintained by User on Kdan Cloud will remain in storage for 30 calendar days only for the purposes of file download and backup by User (“First Grace Period”); User will not be able to retrieve, modify, edit or upload any files on the cloud storage from the onset of the First Grace Period. Upon the expiration of the First Grace Period, the files will continue to remain in storage for another 30 calendar days only for the purpose of User’s subscription renewal and retrieval of files within such thirty-day period (“Second Grace Period”). During the Second Grace Period, User will not be able to upload, download or edit the files in cloud storage or use any features or services until the subscription is renewed. Upon the expiration of the Second Grace Period without any renewal of subscription, Kdan may at its sole discretion delete or remove any and all files from the cloud storage.
User shall be solely and fully responsible and liable for the creation, content, reproduction and distribution of the files uploaded and stored on Kdan Cloud. Kdan shall in no event be responsible or held liable for the foregoing in relation to the files or any actions by User or any third party.
- Intellectual Property
User retains copyright in and to the files uploaded and stored on Kdan Cloud, however, grants Kdan the non-exclusive, perpetual, unlimited, royalty-free, worldwide license and right to display, copy, reproduce, post and distribute for marketing and promotion purposes (including right to make minor modifications for technical or editorial reasons).
User understands and agrees that once any file has been uploaded to Kdan Cloud, User has the option to choose whether to make such file public. If User chooses to make any file uploaded public, it is deemed that User agrees to grant any other user of Kdan Cloud the non-exclusive, royalty-free right and license to download such file, and to copy, modify or make derivative works and upload such derivate works on any of the Services provided by Kdan Cloud (e.g. My MarkUps and NoteTube) for non-commercial purposes.
User represents and warrants that the files uploaded on Kdan Cloud:
- Are owned by User, or to the extent owned by someone else, that User has obtained that party’s express permission to provide the files for use, copying and distribution under the license in this Agreement;
- Do not violate any copyright, trademark, trade secret or other intellectual property right;
- Do not invade any individual’s right of privacy or publicity; and
- Do not break the law (e.g. no obscene, inflammatory content etc.), facilitate the breaking of the law, or violate any applicable regulation, rule or policy.
Kdan reserves the rights at any time to make any amendments, adjustments or modifications of this Agreement, Services or pricing or impose new or additional terms or conditions on the user of the Services, with immediate and retrospective effect.
- Termination of Subscription
In the event of any breach of the Agreement, any damages or losses incurred upon Kdan in relation to the Services or any conditions Kdan may consider necessary, Kdan may terminate the Services or subscription without prejudice.
Upon termination of User’s account, User will lose all access to the Service and any portions thereof, including without limitations the account, user ID, email account and content.
- Limitations on Use
User shall use the Services only for purposes as permitted by this Agreement and any applicable law, regulation or generally accepted practice in the applicable jurisdiction.
- Disclaimer of Warranties
Kdan does not guarantee, represent or warrant that the use of the Services will be uninterrupted or error-free, and User agrees that from time to time Kdan may remove the Services for indefinite periods of time or cancel the Services in accordance with the terms of this Agreement.
User expressly understands and agrees that the Services are provided on an “as is’ and ‘as available’ basis. Kdan and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, Kdan and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors make no warranty that (i) the Services will meet your requirements; (ii) the use of the Services will be timely, uninterrupted, secure or error-free; (iii) any information obtained by User as a result of the Services will be accurate or reliable, and (iv) any defects or errors in the software provided to User as part of the Services will be corrected.
Kdan does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and Kdan disclaims any liability relating thereto.
Any material downloaded or otherwise obtained through the use of the Services is accessed at User’s own discretion and risk, and User shall be solely and fully responsible for any damage to User’s device, computer or loss of data that results from the download of any such material. User also acknowledges that the Services are not intended or suitable for use in situations or environments where the failure or time delays of or errors or inaccuracies in the content, data or information provided by the Services could lead to death, personal injury or severe physical or environmental damage.
User agrees to defend, indemnify and hold Kdan, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, relating to or arising from: (i) any content User submits, posts, transmits or otherwise makes available through the Services; (ii) the use of the Services; (iii) any violation by User of this Agreement; (iv) any action taken by Kdan as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred, or (v) your violation of any rights of any third party. User shall not sue Kdan, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn User, to suspend or terminate User’s access to the Services, or to take any other action during the investigation of a suspected violation or as a result of Kdan’s conclusion that a breach of this Agreement has occurred. User acknowledges that User is responsible for all use of the Services and that this Agreement applies to any and all usage of User’s account.
User agrees to comply with this Agreement and to defend, indemnify and hold harmless Kdan from and against any and all claims and demands arising from usage of the Services or account, whether or not such use is expressly authorized by User.
The foregoing obligations shall survive the termination or expiration of this Agreement or User’s subscription.
- Limitation of Liability
To the fullest extent permissible by law, in no event shall Kdan, its affiliates, subsidiaries, directors, officers, employees, agents, suppliers or licensors be liable to User for any direct, indirect, incidental, special or consequential damages, including without limitations loss of use, data, business, goodwill or profits or cost of procurement of substitute goods or services, or other tangible or intangible losses, which may result from any matter or conduct by User or any third party in relation to, in connection with, through or on the Service, regardless of legal theory, whether or not Kdan has been warned of the possibility of such damages, and even if a remedy may fail of its essential purpose.
- Governing Law and Dispute Resolution
This Agreement and the relationship between Kdan and User shall be governed by and interpreted with the laws of Taiwan, the Republic of China (R.O.C.), excluding its conflicts of law provisions. In the event of dispute in relation to the Services, User agrees to submit to the personal and exclusive jurisdiction of the Tainan District Court in Taiwan, the Republic of China (R.O.C.).