Terms of Use
KAMATERA and its affiliates (“KAMATERA", "we", "our", "Company") welcome you (the
"Customer(s)", or "you") to our website at https://www.kamatera.com/ (the “Site”). Our Site
offers basic information regarding the Company, technology and services. In addition
Customers with log-in user name and password can access our web based Products and
Services (as defined below) through our Site. Each of the Site's Customers may use it in
accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
By entering, connecting to, accessing or using the Site and/or using any of the Products and
Services (as defined below), you acknowledge that you have read and understood the following
terms of use, including the terms of our Privacy Policy, AUP and SLA (collectively, the "Terms")
and you agree to be bound by them and to comply with all applicable laws and regulations
regarding your use of the Site and/or the Products and Services and you acknowledge that
these Terms constitute a binding and enforceable legal contract between KAMATERA and you.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO,
ACCESS OR USE THE SITE AND/OR ANY OF THE PRODUCTS AND SERVICES.
2. The Site
The Site provides comprehensive information regarding KAMATERA, the Products and
Services and resources such as Q&A, and may include any other content related thereto such
as contact information, videos, text, logos, button icons, images, data compilations, links, other
specialized content, technical data, documentation, know-how, specifications materials,
designs, data, the "look and feel" of the Site, algorithms, source and object code, interface, GUI,
interactive features related graphics, illustrations, drawings, animations, and other features
obtained from or through the Site (collectively, the “Content”).
THE CONTENT ON THE SITE, INCLUDING ANY INFORMATION, MATERIALS AND
DATA, IS MADE AVAILABLE FOR PERSONAL USE ONLY.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO
KAMATERA. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT
AVAILABLE THEREIN ARE PROVIDED ON AN "AS IS" BASIS. KAMATERA WILL NOT
BE LIABLE FOR ANY DAMAGES OR LOSS, INCURRED BY YOU OR ANY OTHER
PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE
AND/OR SERVICES AND/OR THE CONTENT AVAILABLE THEREIN.
YOUR USE OF THE SITE AND/OR THE CONTENT AND/OR THE SERVICES IS
ENTIRELY AT YOUR OWN RISK.
3. The Products and Services
Subject and pursuant to the Terms, Privacy Policy, SLA and the AUP, KAMATERA shall provide
the Customer(s) with such products and services, including, without limitation, a low-cost, lowmaintenance, high-performance cloud infrastructure services, such as Cloud Servers, Cloud
Web Hosting, CDN, DNS and more (the "Products and Services").
4. Registration and Customer Account
You do not need to have an account in order to use the Site. However, in order to access the
Products and Services through the Site you must have an account with log-in credentials.
In order to use the Products and Services, you must register and create an account (the
“Account“). Registration can be done by completing the sign-up and registration process in the
Site which requires you to provide the Company your full name, e-mail address, user name,
password or any other information as KAMATERA may deem fit from time to time. Registration
may also be done by submitting the Company with a signed Order From.
Your Account is password protected. In order to protect the security of your personal information
available on your Account to the greatest extent possible, you must safeguard and not disclose
your Account log-in details and you must supervise the use of such Account. You must provide
accurate and complete information when creating an Account and you agree to not
misrepresent your identity or your Account information. You agree to keep your Account
information up to date and accurate.
You are solely and fully responsible for maintaining the confidentiality of the password and
Account and for all activities that occur under your Account. If we in good faith believe you have
created an Account impersonating another person such Account may expose you to civil and/or
criminal liability.
You may not assign or transfer your rights or delegate your obligations under the Account
without the prior written consent of KAMATERA. You must notify us immediately of any
unauthorized use of your Account or any other breach of security and in such events you must
change your password immediately via the settings in the Site or contact our technical support.
We cannot and will not be liable for any loss or damage arising from any failure of yours to
comply with these Terms, i.e., if someone else accesses your Account through the registration
information he/she has obtained from you or through a violation by you of these Terms, or for
any unauthorized use of your password or Account or any other breach of security.
If you wish to either change your username or password to log-in to the Products and Services,
or cancel and remove your Account, please send us an e-mail of your request to:
support@kamatera.com .
CANCELLING YOUR ACCOUNT, FOR ANY REASON, MAY CAUSE THE LOSS OF CERTAIN
INFORMATION AND DATA THAT WERE STORED IN YOUR ACCOUNT AND/OR
INFORMATION YOU PROVIDED US. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH
LOSS.
5. Payment
The Customer(s) shall pay the Company with such Fees detailed and set forth in the Site and/or
the Order Form available at: https://www.kamatera.com/ . The payment for the Fees shall be
available only by credit card or standing order. We may add or change payment methods at our
sole discretion.
If charges are processed in a currency which is not the same currency as published, the
conversion rate of the first invoice will be defined as the minimum conversion rate of all future
invoices. All Israeli local customer(s) will be charged in local ILS currency according to Bank
Leumi's exchange rate for checks / transfers - sell. Despite of the above, the exchange rate will
not decrease from 3.70 ILS to 1.00 USD and will not exceed 4.30 ILS to 1.00 ILS, plus
applicable local Israel Value-Added Tax. On all the above, will be added 2% of the invoice
amount, for an administration fee.
Products and Services are billed automatically on a monthly recurring basis. If you were
approved for a free trial or any promotional offers, you are hereby notified that upon expiration
date of such trial or promotion your services will be deemed chargeable unless you terminate all
active servers or services from your account.
From time to time, due to (i) change of prices which are unrelated to KAMATERA, such as,
change in tax rates, electricity rates, third parties' licensing rates and/or otherwise, and/or (ii)
any reason at KAMATERA's sole discretion, KAMATERA expressly reserves the right to change
and modify its prices and fees at any time, and such changes or modifications shall be posted to
Customer contact details and effective immediately. To remove any doubt, in the event that the
Customer have purchased or obtained Products and Services for a long term, such as a period
of months or years, changes or modifications in prices and fees shall be effective immediately
upon KAMATERA's decision of such changes. KAMATERA shall update its customers
accordingly at its discretion, via email and/or in the invoice.
The customer agrees to receive updates on changes to the terms of engagement, including,
without limitation, commercial terms, service terms, or any other terms, via email, or with the
periodic invoice, as shall be determined by the company.
Customer shall also pay to KAMATERA all expenses incurred by KAMATERA in exercising any
of its rights under the Terms or applicable law with respect to the collection of a payment
default, including attorneys' fees, court costs and collection agency fees.
All prices and fees are non-refundable unless otherwise expressly noted, even if the Products
and Services are suspended or terminated prior to the end of the Products and Services term.
Notwithstanding anything contrary, failure to pay any of the Customer's fees is a material breach
by the Customer of these Terms. For the avoidance of any doubt, KAMATERA will not provide
the Customer with any Products and Services until the full and final payment of any unsettled or
unpaid Fees
6. Privacy Policy
We respect your privacy and are committed to protect the information you share with us. We
believe that you have a right to know our practices regarding the information we collect when
you connect to, access or use the Site and/or the Products and Services. Our policy and
practices and the type of information collected are described in detail in our Privacy Policy at:
https://www.kamatera.com/ which is incorporated herein by reference. If you intend to connect
to, access or use the Site and/or the Products and Services you must first read and agree to the
Privacy Policy.
7. Intellectual Property Rights
The Site, the Products and Services, the Content and the Company's proprietary assets and
any and all intellectual property rights pertaining thereto, including, but not limited to, inventions,
patents and patent applications, trademarks, trade names, service marks, copyrightable
materials, and trade secrets, whether or not registered or capable of being registered
(collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are
protected by applicable copyright and other intellectual property laws and international
conventions and treaties. All rights not expressly granted to you hereunder are reserved by the
Company and its licensors
The Terms do not convey to you an interest in or to the Company Intellectual Property but only
a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes
a waiver of the Company’s Intellectual Property under any law.
8. Trademarks and Trade names
“KAMATERA” KAMATERA™, KAMATERA’s marks and logos and all other proprietary
identifiers used by the Company in connection with the Services (“Company Trademarks”) are
all trademarks and/or trade names of the Company, whether or not registered. All other
trademarks, service marks, trade names and logos which may appear on the Site and/or the
Services belong to their respective owners (“Third Party Marks”). No right, license, or interest
to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree
that no such right, license, or interest shall be asserted by you with respect to the Company
Trademarks or Third Party Marks and therefore you will avoid using any of those marks.
9. Links to Third Party Sites
Certain links provided herein permit our Customers to leave this Site and enter sites or services
of third parties. Those linked sites and services are provided solely as a convenience to you.
These linked sites and services are not under the control of KAMATERA and it is not
responsible for the availability of such external sites or services, and does not endorse and is
not responsible or liable for any content advertising, products or other information on or
available from such linked sites and services or any link contained in linked sites or service.
Your access to, use of and reliance upon any such sites, services and content and your
dealings with such third parties are at your sole risk and expense. KAMATERA reserves the
right to terminate any link at any time. You further acknowledge and agree that KAMATERA
shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused, by or in connection with use of or reliance on any services, content, products or
other materials available on or through such linked sites or resource. Most of such linked sites
and services provide legal documents, including terms of use and privacy policy, governing the
use thereof. It is always advisable to read such documents carefully before using those sites
and services, inter alia, in order to know what kind of information about you is being collected.
10. Usage Rules
Your use of the Site and/or the Products and Services is subject to KAMATERA’s standard
acceptable usage policy ("AUP"), as in effect and available at https://www.kamatera.com/ and
subject to all changes, modifications and replacements as KAMATERA may effect from time to
time. You undertake to comply with all the provisions of the AUP.
11. Special provisions relating to Third Party Components
The Site and/or the Products and Services may use or include third party software, files and
components that are subject to open source and third party license terms (“Third Party
Components“). Your right to use such Third Party Components as part of, or in connection
with, the Products and Services is subject to any applicable acknowledgements and license
terms accompanying such Third Party Components, contained therein or related thereto. If there
is a conflict between the licensing terms of such Third Party Components and these Terms, the
licensing terms of the Third Party Components shall prevail in connection with the related Third
Party Components. These Terms do not apply to any Third Party Components accompanying or
contained in the Site and/or the Products and Services and KAMATERA disclaims all liability
related thereto. You acknowledge that KAMATERA is not the author, owner or licensor of any
Third Party Components, and that KAMATERA makes no warranties or representations,
express or implied, as to the quality, capabilities, operations, performance or suitability of Third
Party Components.
12. Products and Services Availability
The Products and Services' availability and functionality depend on various factors, and such
are subject to KAMATERA's Service Level Agreement ("SLA") available at:
https://www.kamatera.com/ as such may be changed or modified by KAMATERA from time to
time.
KAMATERA does not warrant or guarantee that the Products and Services will operate and/or
be available at all times without disruption or interruption, or that it will be immune from
unauthorized access or error-free, all subject and pursuant to the SLA.
13. Changes to The Site and Products and Services
KAMATERA HAS THE EXCLUSIVE RIGHT TO AMEND, ALTER, MODIFY, CORRECT,
IMPROVE, MAKE ANY CHANGES, REPLACE, SUSPEND, DISCONTINUE, TEMPORARILY
OR PERMANENTLY, FROM TIME TO TIME, IN ITS SOLE DISCRETION, ALL OR ANY
PORTION OF THE SITE AND/OR THE PRODUCTS AND SERVICES.
14. Disclaimer of Warranties
SUBJECT TO THE SLA, WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF
THE SITE AND/OR THE ACCOUNT AND/OR THE PRODUCT AND SERVICES IS OR WILL
BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS,
OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR
OTHER PROGRAM LIMITATIONS, (II) THAT KAMATERA WILL CORRECT ANY ERRORS OR
DEFECTS IN THE SITE AND/OR SERVICES, (III) MAKE ANY REPRESENTATION
REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE
OF THE SITE AND/OR THE ACCOUNT AND/OR THE PRODUCTS AND SERVICES AND/OR
CONTENT AVAILABLE THEREON OR THROUGH THE SITE AND/OR ACCOUNT AND/OR
PRODUCTS AND SERVICES. KAMATERA AND KAMATERA'S REPRESENTATIVES
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE
SITE AND/OR THE ACCOUNT AND/OR THE PRODUCTS AND SERVICES, INCLUDING BUT
NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE
AND/OR THE ACCOUNT AND/OR THE PRODUCTS AND SERVICES, AND ARE NOT AND
SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY
CONTENT AND INFORMATION DISPLAYED WITHIN THE SITE AND/OR THE ACCOUNT
AND/OR THE PRODUCTS AND SERVICES
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE
PROVIDED BY ANY PERSON OR ENTITY OTHER THAN KAMATERA.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT
MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN
CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC
CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY
TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT USE OF THE SITE AND/OR THE ACCOUNT AND/OR THE PRODUCTS
AND SERVICES IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR
LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS
AND LIMITATIONS MAY NOT APPLY.
15. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL KAMATERA,
INCLUDING KAMATERA'S REPRESENTATIVES BE LIABLE FOR (i) ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS
OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE PRODUCTS
AND SERVICES BY THE CUSTOMER OR ANY THIRD PARTIES OR ANY FAILURE OF THE
PRODUCTS AND SERVICES; OR (ii) ANY LOSS OF DATA OR CORRUPTION OF DATA,
INCLUDING LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES,
MISDELIVERIES, SERVICE INTERRUPTIONS, FAILURE OF KAMATERA, RECLAIMATION
OF SERVERS BY KAMATERA, FAILURE OF SERVERS, THE RELOADING OF AN
OPERATING SYSTEM OR OTHER SOFTWARE ON A SERVER OR THE NEGLIGENCE OF
KAMATERA. CUSTOMER IS SOLELY RESPONSIBLE FOR SAFEGUARDING, BACKING UP
AND ARCHIVING ALL DATA OWNED, CONTROLLED OR TRANSMITTED BY CUSTOMER
THAT RESIDES WITH KAMATERA OR ON ANY SERVER OWNED OR OPERATED BY
KAMATERA.
IN NO EVENT SHALL KAMATERA'S AGGREGATE LIABILITY FOR ANY CLAIM UNDER
THESE TERMS AND THE SLA SHALL EXCEED THE LOWER OF (I) US$5,000; OR (II) THE
AGGREGATE AMOUNT ACTUALLY PAID BY CUSTOMER TO KAMATERA IN THE 12
MONTHS PRECEDING SUCH CLAIM.
KAMATERA PROVIDES ALL PRODUCTS AND SERVICES “AS IS,” WITHOUT WARRANTY
OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND
SUITABILITY OF THE PRODUCTS AND SERVICES FOR THE CUSTOMER'S NEEDS AND
KAMATERA SHALL HAVE NO LIABILITY THEREFORE.
NO CLAIM MAY BE ASSERTED BY CUSTOMER AGAINST KAMATERA MORE THAN TWO
(2) YEARS FOLLOWING THE DATE OF THE EVENT THAT UNDERLIES ANY SUCH CLAIM.
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE RECEIPT OF A SERVICE CREDIT
AS PROVIDED FOR IN THE SLA CONSTITUTES CUSTOMER'S SOLE AND EXCLUSIVE
REMEDY, ANDNOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN AND
SUBJECT TO THE SLA, KAMATERA SHALL NEITHER COMPENSATE THE CUSTOMER
NOR BECOME LIABLE TO THE CUSTOMER IN ANY CASE OF WHICH, INCLUDING,
WITHOUT LIUMITATION (1) INSUFFICIENT HARD DISK SPACE ON THE SERVERS; (2)
FIREWALL MALEFUNCTIONS; AND (3) DENIAL-OF-SERVICE ATTACK (DOS ATTACK) OR
DISTRIBUTED DENIAL-OF-SERVICE ATTACK (DDOS ATTACK).
YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES,
INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL
DAMAGES FROM US AND FROM KAMATERA'S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR
LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS
AND LIMITATIONS MAY NOT APPLY.
16. Backup Assurance Policy.
Any backups to Customer's data are not, and cannot be, guaranteed by KAMATERA.
KAMATERA explicitly encourages the Customer(s) to run, on their own or by third parties which
are not KAMATERA, periodic backups of their data. To remove any doubt, as a customer you
are responsible for backing up your data on your own or any other off-site location.
KAMATERA assumes no responsibility for failed backups, lost data, or data integrity. If any of
your data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable
due to termination or suspension of your Account pursuant to these Terms and/or the AUP,
KAMATERA will have no obligation or liability to you.
17. Indemnification
You agree to defend, indemnify and hold harmless KAMATERA and KAMATERA
representatives from and against any and all claims, damages, obligations, losses, liabilities,
costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your
use, misuse of, inability to use and/or activities in connection with the Site and/or the Account
and/or the Products and Services and/or Content; (ii) your violation of any of these Terms, the
AUP and/or any applicable law; (iii) your violation of any third party rights, including without
limitation any intellectual property rights or privacy right of such third party with respect to your
use of the Products and Services; and (iv) any damage of any sort, whether direct, indirect,
special or consequential, you may cause to any third party with relation to the Site and/or the
Account and/or the Products and Services. It is hereby clarified that this defense and
indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense
and control of any matter which is subject to indemnification by you, which will not excuse your
indemnity obligations hereunder and in which event you will fully cooperate with us in asserting
any available defense. You agree not to settle any matter subject to an indemnification by you
without first obtaining our prior express written approval.
18. Amendments to the Terms
The Company may, at its sole discretion, change these Terms from time to time, including any
other policies incorporated thereto, including, without limitation, the AUP, SLA and Privacy
Policy, so please re-visit this page frequently. In case of any material change, we will make
reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent
that you provided us with such e-mail address) regarding such change. Such material changes
will take effect 48 hours after such notice was provided on our Site and/or sent via e-mail,
whichever is the earlier. Otherwise, all other Changes to these Terms are effective as of the
stated “Last Revised” and your continued use of the Site and/or the Products and Services on or
after the Last Revised date will constitute acceptance of, and agreement to be bound by, those
changes. In the event that the Terms, AUP, SLA and/or Privacy Policy should be amended to
comply with any legal requirements, the amendments may take effect immediately, or as
required by the law and without any prior notice.
19. Termination or Suspension of your Account
These Terms shall remain in effect until terminated as set forth herein.
The term detailed in either of the Order Form and/or the sign-up and registration page within the
Site (the "Term") is deemed to have commenced as of the date of Customer's registration, and
shall terminate upon a 30 days advance written notice by either party (the "Notice Period").
Customer agrees and confirms that notwithstanding the above, termination by Customer is not
applicable during a monthly billing cycle but rather such termination by the Customer shall come
into effect by the end of the applicable monthly billing cycle.
Notwithstanding the above, KAMATERA shall have the right, at its sole and absolute discretion,
to immediately terminate the Products and Services and/or any engagement with the Customer
upon any breach of the Customer of these Terms and/or the Privacy Policy and/or the SLA
and/or the AUP and/or applicable law
For the avoidance of any doubt, in case of termination of the Products and Services pursuant to
this Section 19, for any reason, the Customer shall:
i. Bear the sole and entire responsibility for the transfer of all of Customer's materials and data from Kamatera to a new entity as instructed by the Customer; and
ii. Immediately pay to Kamatera any all unpaid fees.
Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Warranties,
Limitation of Liability, Indemnification and General sections will survive the termination of the
Terms.
Additionally, KAMATERA may at any times, at its sole and absolute discretion, cease the
operation of the Products and Services or any part thereof, temporarily or permanently. You
agree and acknowledge that KAMATERA does not assume any responsibility with respect to, or
in connection with the termination of the Site's and/or Account's and/or Products and Services'
operation and loss of any data.
We note that we can suspend access to your Account if we believe, in our sole discretion, that
one (or more) of the following events have occurred: (a) there is risk to the security or privacy of
your Account; (b) there is a threat to the security or integrity of our network or our servers; (c)
suspension is needed to protect the rights, property or safety of KAMATERA, its users or the
public; (d) there is a basis for termination of your Account; (e) you have violated these Terms,
Privacy Policy, AUP and/or applicable law; and/or (f) we are required to by law. We may provide
you a notice in the event of any such suspension. During such suspension, you will not have the
ability to use or access your Account and/or the Products and Services. In the event that we will
determine, in our sole discretion, that the reason for suspension of access to your Account has
been resolved, we will restore access to your Account.
20. General
(a) These Terms constitute the entire terms and conditions between you and the Company
relating to the subject matter herein and supersedes any and all prior or contemporaneous
written or oral agreements or understandings between you and the Company, (b) any claim
relating to the Site and/or the Products and Services contained therein will be governed by and
interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-
laws principles, (c) any dispute arising out of or related to the Site and/or the Services will be
brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts
of the Tel-Aviv District, Israel. You agree to waive all defenses of lack of personal jurisdiction
and forum non-convenience and agree that process may be served in a manner authorized by
applicable law or court rule. Notwithstanding the foregoing, KAMATERA may seek injunctive
relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed
to create any relationship, partnership, joint venture, employer-employee, agency, or franchisorfranchisee relationship between the parties hereto, (e) no waiver by either party of any breach
or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or
default. Any heading, caption or section title contained herein is inserted only as a matter of
convenience, and in no way defines or explains any section or provision hereof, (f) YOU
ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE
ARISING OUT OF OR RELATED TO THE SITE AND/OR THE SERVICES MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by
any court of competent jurisdiction to be unenforceable, that provision shall be limited or
eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full
force and effect while most nearly adhering to the intent expressed herein, (h) you may not
assign or transfer these Terms (including all rights and obligations hereunder) without our prior
written consent and any attempt to do so in violation of the foregoing shall be void. We may
assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be
binding unless in writing and signed by KAMATERA, and (j) the parties agree that all
correspondence relating to these Terms shall be written in the English language.
21. For information, questions or notification of errors, please contact:
If you have any questions (or comments) or clarifications concerning the Terms and/or the
Products and Services, you are most welcome to send us an e-mail and we will make an effort
to reply within a reasonable timeframe: support@kamatera.com.