End-User License Agreement

This End-User License Agreement (“EULA”) is a legal agreement between you and Kato regarding the software applications, websites, and related services Kato provides (collectively, the “Software”). By installing, accessing, or using the Software, you agree to this EULA and our Terms and Conditions and Privacy Policy.

If you use the Software on behalf of an organization, you represent that you have authority to bind that organization. “You” then includes both you and the organization.

If there is a conflict between this EULA and the Terms and Conditions, the Terms and Conditions control for website and service use, and this EULA controls for the license grant and restrictions on the Software itself, unless an order form or other written agreement says otherwise.

Subject to this EULA and your applicable subscription or plan, Kato grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the Software solely for your internal business purposes (or personal use where the product is offered that way).

The Software is licensed, not sold. Except for the rights expressly granted in this EULA, Kato and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights.

You may not, and may not permit others to:

• copy, modify, adapt, translate, or create derivative works of the Software except as expressly allowed by law or by Kato in writing;
• reverse engineer, decompile, disassemble, or attempt to derive source code from the Software, except to the limited extent such restriction is prohibited by applicable law;
• rent, lease, lend, sell, sublicense, distribute, or otherwise make the Software available to third parties as a standalone product;
• remove, obscure, or alter proprietary notices, labels, or marks on the Software;
• use the Software to build a competing product or service, or to benchmark or publish performance data without Kato’s prior written consent;
• circumvent usage limits, access controls, billing, or security features; or
• use the Software in violation of law, third-party rights, or Kato’s acceptable-use rules in the Terms and Conditions.

You are responsible for the accounts, credentials, and activity associated with your use of the Software. You retain ownership of content you submit to the Software (“Your Content”). You grant Kato the rights needed to host, process, display, and transmit Your Content so we can provide and improve the Software, as described in the Privacy Policy and Terms and Conditions.

You represent that you have all rights necessary to submit Your Content and that Your Content does not infringe third-party rights or violate law.

The Software may integrate with third-party products and services (for example accounting, email, calendar, or payments providers). Those products are governed by their own terms and privacy policies. Kato is not responsible for third-party services, and enabling an integration authorizes Kato to exchange data with that provider as needed to provide the connected features.

Availability of a third-party integration depends on that provider and may change. Features that rely on a third party may not work the same way in sandbox, trial, or production environments of that provider.

Kato may provide updates, upgrades, patches, or new versions of the Software. Updates may be required for continued use. Support is provided according to your plan and Kato’s then-current support practices. Kato may modify or discontinue features with reasonable notice where practicable.

This EULA remains in effect until terminated. Your license ends automatically if you breach this EULA or the Terms and Conditions, or when your account or subscription ends. You may stop using the Software at any time. Upon termination, you must cease all use of the Software and uninstall local copies where applicable. Sections that by their nature should survive (including ownership, restrictions, disclaimers, limitation of liability, and governing law) will survive termination.

To the maximum extent permitted by law, the Software is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Kato does not warrant that the Software will be uninterrupted, error-free, or free of harmful components, or that defects will be corrected.

To the maximum extent permitted by law, Kato and its affiliates, officers, employees, agents, suppliers, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, goodwill, or business interruption, arising out of or related to this EULA or the Software, even if advised of the possibility of such damages.

Kato’s aggregate liability arising out of or related to this EULA or the Software will not exceed the greater of (a) the amounts you paid to Kato for the Software in the twelve (12) months before the claim or (b) one hundred U.S. dollars (US $100), except where liability cannot be limited under applicable law.

You must comply with all applicable laws in using the Software, including export control and sanctions laws. You may not use or export the Software in violation of U.S. or other applicable law.

Changes

We may update this EULA. We will post the updated EULA and revise the “Last updated” date. If a change is material, we may provide additional notice. Continued use of the Software after the effective date of an updated EULA means you accept it.

Governing law

Unless a different governing law is stated in the Terms and Conditions or a written agreement with you, this EULA is governed by the laws applicable under those Terms, without regard to conflict-of-law rules.

Contact

Questions about the Software can be sent to support@getkato.io. Legal inquiries can be sent to privacy@getkato.io.