This KYRO Software as a Service (SaaS) Agreement (the “Agreement”) is between KYRO Technologies, Inc., a Delaware corporation (“KYRO”), and [INSERT COMPLETE LEGAL NAME OF CUSTOMER] (“Customer”) effective as of [CLICK TO SELECT A DATE]. This Agreement governs access to and use of the KYRO client software (“Software”) and related services (together, the “Services”) as more specifically described in one or more Order Forms issued pursuant to this Agreement and agreed by KYRO and Customer.
Services.
Customer Obligations.
Third Party Requests.
Use of Services
Third-Party Services. Certain third-party service providers, some of which may be listed on KYRO’s website or other materials, offer products and services related to the Services that work in conjunction with the Services, such as by exchanging data with the Services or by offering additional functionality within the user interface of the Services through use of application programming interfaces. KYRO does not warrant any such third-party provider or any of their products or services, regardless of whether or not such products or services are designated by KYRO as “certified,” “validated,” “supported” or otherwise. KYRO may terminate the links between any third-party service provider and the Services at any time for any reason, including changes in interoperability requirements, policies or fees charged by such third-party providers to KYRO or its customers or users. Any exchange of data or other interaction between Customer (or a User) and a third-party provider, and any purchase or use by Customer (or an End User) of any product or service offered by such third-party provider, is solely between Customer (or such End User) and such third-party provider, and KYRO will have no liability or obligation with respect to such exchange or interaction and shall not be responsible for any act or omission of the third party, including the third party’s access to or use of Customer Data.
Suspension.
Proprietary Rights.
Confidentiality.
Fees and Payment
Term and Termination
INDEMNIFICATION.
Disclaimers. THE SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, KYRO AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT. CUSTOMER IS RESPONSIBLE FOR MAINTAINING AND BACKING UP ANY STORED DATA. KYRO SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR LOSS OF ACCESS TO DATA. KYRO DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR: (1) THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF ANY CONTENT OR INFORMATION OR MATERIAL PROVIDED BY OR ACCESSIBLE THROUGH THE SERVICES; (2) THE USE OF OR INABILITY TO USE THE SERVICES; (3) THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL; (4) BREACHES OF SECURITY; (5) INFORMATION COMMUNICATED THROUGH MESSAGE BOARDS, BLOGS, OR OTHER FORUMS; AND (6) DAMAGE, INJURY, OR LOSS OF LIFE OR DAMAGE TO PROPERTY.
Limitation of Liability
Disputes
Miscellaneous
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the dates set forth below.