By registering for membership with Kdan Mobile Software Ltd. (“Kdan”) and using Kdan services and features (“Services”), you (“User”) are agreeing that this Terms of Services will apply and that you are bound by these terms (“Agreement”).
Kdan services provide 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 services 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 services 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.
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 https://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:
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.
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.
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 understands and agrees that once any file has been uploaded to Kdan services, 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 services 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 (e.g. My MarkUps and NoteTube) for non-commercial purposes.
User represents and warrants that the files uploaded on Kdan services:
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.
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 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.
This Terms of Service was last updated on November 11st, 2019.