Terms of use

KWILT INC. (“KWILT”) HAS DEVELOPED THE KWILT APPLICATION’S; KWILT, KWILT, AND KWILTKEYS (THE “APPS”) WHICH ALLOWS USERS TO AGGREGATE, ACCESS, PLAY, VIEW, SHARE, AND/OR PROTECT THEIR PERSONAL DIGITAL CONTENT STORED ON THEIR COMPUTERS, MOBILE DEVICES, TABLETS, NETWORKS, SET TOP BOXES, ETC. AND CERTAIN CLOUD STORAGE AND ON-LINE SOCIAL MEDIA SERVICES. THE APP MAY BE MADE AVAILABLE FOR DOWNLOAD VIA WWW.KWILT.IT, WWW.KWILTPHOTOS.COM, OR WWW.KWILTKEYS.COM (THE “WEBSITES”) WHICH ALSO PROVIDES PRODUCT INFORMATION AND USER FORUMS. AN IOS VERSION OF THE APPS MAY ALSO BE DOWNLOADED THROUGH ITUNES OR APPSTORE IF YOU HAVE AN IPHONE, IPAD OR IPOD. THESE TERMS OF USE APPLY TO ALL USERS WHO DOWNLOAD, ACCESS, OR OTHERWISE USE THE APPS AND/OR SIMPLY VIEW ANY CONTENT MADE AVAILABLE THROUGH THE WEBSITES.

BY DOWNLOADING APPS AND/OR USING OR ACCESSING APPS OR WEBSITES YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE WHICH CONSTITUTES A LEGAL AGREEMENT SOLELY BETWEEN KWILT AND YOU. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT DOWNLOAD, ACCESS OR USE OF THE APPS OR WEBSITES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY KWILT FROM TIME TO TIME AT ITS SOLE DISCRETION WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE WEBSITES OR USE OF THE APPS. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE OF THE APPS OR WEBSITES AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE THEN-CURRENT TERMS OF USE.

  1. Content. All information, data, text, music, photographs, graphics, video, messages or other materials which You transmit using the APPS (“User Content”), is Your sole responsibility and You will own that content exclusively. KWILT does not actively monitor or have access to User Content which You transmit or receive through use of the APPS. However if You post content in the WEBSITES forums or if any other user complains about User Content which You have provided, KWILT reserves the right (but has no obligation) to investigate same and to remove or refuse to distribute any User Content and to terminate users. KWILT also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.In accessing or using the WEBSITES and the APPS You shall not:
    1. copy any content whatsoever unless expressly permitted to do so herein;
    2. upload, post, email, transmit or otherwise make available any material whatsoever that:
    3. i. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
    4. You do not have a right to make available under any law or under a contractual relationship;
    5. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
    6. is or contains unsolicited or unauthorized advertising, commercial electronic message(s) that has as one of its purposes to encourage participation in a commercial activity, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, including the APPS, or hardware or telecommunications equipment or data or the WEBSITES or that of any users or viewers of the WEBSITES or that compromises a user’s privacy; or
    8. contains any falsehoods or misrepresentations or creates an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
    9. impersonate any person or entity or misrepresent their affiliation with a person or entity;
    10. interfere with or disrupt the WEBSITES or the APPS or servers or networks connected to the WEBSITES or the APPS, or disobey any requirements, procedures, policies or regulations of networks connected to the WEBSITES or the APPS or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
    11. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
    12. collect or store personal data about other users;
    13. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the WEBSITES or the APPS; or
    14. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the APPS or any software provided as part of the WEBSITES or the APPS, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
  2. End User License. Except for User Content, the APPS, the WEBSITES, and the information and materials that it contains, are the property of KWILT and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, patent law, industrial design law, and other intellectual property laws. Subject to the terms of this Agreement, KWILT grants to You a revocable, non-transferable, non-exclusive, license to (a) use the WEBSITES for Your use, and (b) download, install and use one copy of each of the APPS on a mobile device or other supported device that You own or control for Your use (the “License”). The APPS are thereby licensed to You and not sold. Source code as well as any other information pertaining to the logic, design, or structure of the APPS, including the object or executable code form thereof, is specifically excluded from the license granted hereunder. Title to the APP, and all documentation and material whatsoever related thereto shall at all times remain with KWILT and all intellectual property rights of whatever nature with respect thereto shall be and remain the exclusive property of KWILT. Nothing in these Terms of Use gives You a right to use KWILT’s names, trademarks (including the APPS), logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the WEBSITES. Any future release, update, or other addition to functionality of the WEBSITES or the APPS shall be subject to the terms of these Terms of Use.
  3. Feedback; Confidential Information; Privacy. Unless otherwise explicitly stated herein or in the Privacy Policy, any non-personal information or material, including but not limited to any suggestions, comments or other feedback, sent to KWILT relating to any aspect of the WESBSITES or the APPS (“Feedback“), will be deemed NOT to be confidential. By sending KWILT such Feedback, You grant KWILT an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute this Feedback in the WEBSITES or in the APPS or in any other KWILT products or services, and You also agree that KWILT is free to use any ideas, concepts, know-how or techniques that You send to KWILT for any purpose. However, KWILT will not release Your name or otherwise publicize the fact that You submitted Feedback or other information or materials unless: (a) You grant KWILT permission to do so; (b) KWILT first notifies You that the Feedback or other information or materials You submit will be published or otherwise used with Your name on it; or (c) KWILT is required to do so by law.
    To learn more about how KWILT protects Your personal information, such as Your name or email or address, please refer to the Privacy Policy.
  4. Advertising & Third Party Sites. You acknowledge and agree that the WEBSITES and the APPS may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the WEBSITES or the APPS, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that KWILT shall not have any responsibility or liability for any losses or damages whatsoever that You may incur as a result of any such dealings. In no event shall any reference to any third party, or third party product or service be construed as an approval or endorsement by KWILT of that third party, or third party product or service. KWILT is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the WEBSITES or the APPS are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the WEBSITES or the APPS of a link to any other website(s) does not imply that KWILT endorses or accepts any responsibility for the content or use of such websites, and You hereby release KWILT from any and all liability and/damages whatsoever that may arise from Your use of such websites or receipt of services from any such websites.
  5. Anti-Spam Legislation. Some jurisdictions, such as Canada, have legislation regulating certain activities that discourage reliance on electronic means of carrying out commercial activities (“Anti-Spam Legislation”). These jurisdictions may prohibit the sending to an electronic address a commercial electronic message (an electronic message that, having regard to the content of the message, the hyperlinks in the message to content on a website or other database, or the contact information contained in the message, it would be reasonable to conclude has as one of its purposes to encourage participation in a commercial activity, or “CEM”), unless the person to whom the message is sent has consented to receiving it, whether the consent is expressed or implied, the message is in a form that identifies the person who sent the message and the person – if different – on whose behalf it is sent, provides information enabling the person to whom the message is sent to readily contact such person(s), and sets out an unsubscribe mechanism. The APPS allows users to aggregate, access, play, view, share, and/or protect their personal digital content stored on their computers, mobile devices, tablets, networks, set top boxes, etc. and certain cloud storage and on-line social media services. By downloading, accessing, and/or using the APPS, You agree that You have entered into a commercial/business relationship with KWILT, that You will have necessarily granted the APPS and KWILT access to Your aforementioned personal digital content, and that You are impliedly authorizing and do otherwise hereby authorize KWILT to send You CEMs relating to the APPS or KWILT, whether such CEMs are sent to You at an electronic mail account, an instant messaging account, or through an on-line social media service that You have given KWILT access to. You also agree to allow KWILT to occasionally provide You with a CEM on behalf of KWILT that You can forward to Your contacts if You so choose. In all such circumstances, KWILT will be identified in the CEM, appropriate contact information of KWILT will be provided, and an unsubscribe mechanism will be set out wherever possible.Some jurisdictions, such as Canada, also provide that a person must not, in the course of a commercial activity, install or cause to be installed a computer program on any other person’s computer system (i.e. any device that contains computer programs or other data and performs logic and control, and that may perform any other function) or, having installed or caused to be installed a computer program, cause an electronic message to be sent from that computer system, unless the person has obtained the express consent of the owner or an authorized user of the computer system. The APPS allows users to aggregate, access, play, view, share, and/or protect their personal digital content stored on their computers, mobile devices, tablets, networks, set top boxes, etc. and certain cloud storage and on-line social media services. By downloading, accessing, and/or using the APPS, You agree that You have entered into a commercial/business relationship with KWILT, that You will have necessarily granted the APPS and KWILT access to Your aforementioned personal digital content, and that You have expressly authorized and do otherwise hereby expressly authorize KWILT to install or cause to be installed a computer program on Your computer system in order for the APPS to operate (whether such computer system is a computer, mobile device, tablet, network, set top box, etc.), and that You have expressly authorized and do otherwise hereby expressly authorize an electronic message relating to the APPS to be sent from Your computer system. If You wish to withdraw Your consent, KWILT will assist You in removing or disabling the APPS from Your computer system and/or assist You in causing the electronic messages to cease being sent from Your computer system as soon as feasible.
  6. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND KWILT, THE WEBSITES, THE APPS AND ALL MATERIALS PROVIDED BY KWILT ARE PROVIDED SOLELY ON AN “AS IS” BASIS WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS. KWILT SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR MERCHANTABLE QUALITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. ANY DATA, INFORMATION OR MATERIAL DOWNLOADED, UPLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES OR THE APPS IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM UPLOADING, DOWNLOADING OR USING THE APPS OR ANY SUCH MATERIAL. KWILT CANNOT AND DOES NOT WARRANT THAT THE WEBSITES OR USE OF THE APPS WILL BE UNINTERRUPTED, SECURE, ERROR FREE, ACCURATE, COMPLETE OR CURRENT, NOR DOES KWILT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES OR APPS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITES OR THE APPS. THE WEBSITES OR THE APPS COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. KWILT DOES NOT WARRANT OR GUARANTEE THAT THE APPS OR THE WEBSITES OR ANY DATA, INFORMATION OR MATERIAL DOWNLOADED, UPLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES OR THE APPS IS FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE THAT MAY DAMAGE OR INFECT YOUR COMPUTER SYSTEM OR OTHER PROPERTY. KWILT DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITES OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITES, AND KWILT SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. KWILT WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE APPS.
  7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KWILT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, OR ANY DAMAGES BASED ON ANY THEORY OF LIABILITY WHATSOEVER INCLUDING TORT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITES OR THE APPS, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE APPS OR MATERIALS ON THE WEBSITES, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE APPS, OR ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO YOUR COMPUTER SYSTEM OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITES OR THE APPS, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITES OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITES OR THE APPS. THESE LIMITATIONS SHALL APPLY EVEN IF KWILT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KWILT’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU PAID KWILT IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. .
  8. Disclaimer of Apple’s Liability. If You download and use the APPS from the iTunes store, You acknowledge and agree that Apple:(i) has no responsibility for the APPS and assumes no liability in respect of the same; (ii) provides no representations or warranties whatsoever in respect of the APPS; (iii) does not provide and has no obligation to deliver any maintenance or support for the APPS. Any complaints or claims You may have in relation to the APPS should be directed to KWILT (see section 15 below).
  9. INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD KWILT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY USER CONTENT OR MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE APPS OR THE WEBSITES AND ANY VIOLATION BY YOU OF THESE TERMS OF USE.In the event of a third party claim of intellectual property infringement by the APPS, KWILT, not Apple, will be responsible for the investigation and defence of any such claim. You should promptly inform KWILT of any claim that comes to Your attention.
  10. TERMINATION. KWILT may, under certain circumstances and without prior notice, immediately terminate Your ability to access the WEBSITES or the APPS, and services or portions thereof. Cause for such termination shall include, but is not limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with KWILT (including, without limitation, non-payment of any fees owed in connection with the WEBSITES or the APPS or otherwise owed by You to KWILT), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the APPS or the WEBSITES (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the APPS or the WEBSITES may also include removal of some or all of the materials uploaded by You to the WEBSITES or otherwise in association with Your use of the APPS. You acknowledge and agree that all terminations may be made by KWILT in its sole discretion and that KWILT shall not be liable to You or any third-party for any termination of Your access to the APPS or the WEBSITES or for the removal of any of the materials uploaded by You to the WEBSITES or otherwise in association with Your use of the APPS. Any termination of these Terms of Use by KWILT shall be in addition to any and all other rights and remedies that KWILT may have.
  11. AVAILABILITY AND UPDATES. The WEBSITES and/or the APPS may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. You have expressly authorized and otherwise do hereby expressly authorize KWILT to install or cause to be installed updates or new versions of the APPS on Your computer system. KWILT may periodically add or update the information and materials on the WEBSITES without notice.
  12. SECURITY. Information sent or received over the Internet is generally unsecure and KWILT cannot and does not make any representation or warranty concerning security of any communication to or from the WEBSITES or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that You use to access the service provided through the APPS and You are responsible for any activities or actions under Your password. You agree to keep Your password secure. KWILT will not be liable for any loss or damage arising from Your failure to comply with these requirements.
  13. LEGAL COMPLIANCE. By downloading the APPS, You are representing and warranting that You are not: (i) located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting’ country; and (ii) listed on any US Government list of prohibited or restricted parties.
  14. GENERAL. These Terms of Use, together with any privacy policy that may be published on the WEBSITES, constitutes the entire agreement between the parties relating to the WEBSITES and the APPS and all related activities. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of KWILT to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by KWILT must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without KWILT’s prior written consent.
  15. CONTACTt. If You wish to revoke any implied or express consent previously granted, You may do so via a preferences section in the APPS. Similarly, there is an “unsubscribe” link in each CEM that You may utilize to unsubscribe from any future CEMs that may otherwise be sent by KWILT. If, however, You have any questions about these Terms, or if You wish to make any complaint or claim with respect to the APPS or the WEBSITES, please contact us at: support@kwilt.it.
Last Updated: September 18, 2017