BEFORE USING THE SOFTWARE AND/OR REGISTERING ON THE SITE, YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY AND BY USING THE SITE AND/OR THE SOFTWARE AND/OR BY REGISTERING ON THE SITE YOU AGREE TO ACCEPT THEM. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE AND/OR THE SOFTWARE.
Date of last revision: May 4, 2023
These are terms and conditions of use of https://kowboykit.com website and all subdomains of https://kowboykit.com ("Site") and the Software offered through it. Please read these terms and conditions ("Terms and Conditions") carefully, because they set forth the important terms that you will need to know about the Site and the Software. These Terms and Conditions are binding and must be followed by each individual using the Site irrespective of whether the person is registered as a User (as defined below in Definitions) or is using the site as a Visitor (as defined below in Definitions) without registration.
Persons (individuals/businesses) who are not registered on the Site will have the opportunity to view and use only some part of the information on the Site, and will not have the ability to use the Software. Such persons must in any event comply with these Terms and Conditions, End-User Agreement, the Privacy Policy, other special conditions and rules provided on the Site (collectively, "Site Rules") and all applicable laws.
These Terms and Conditions may be changed or modified in whole or in portions at any time without further notice. Changes to these Terms and Conditions will be posted on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Site and/or the Software. Any amendment to the Terms and Conditions published on the Site will be immediately applicable to Users and Visitors.
The following terms shall have the following meanings in these Terms and Conditions:
The performance marketing software solution used for data retrieval, analyses, sorting, warehousing, processing and presentation as available to Users through the Site.
You need to register on the Site and to provide only accurate, complete, and up-to-date information. Each time to access and use the Software via the Site you shall be required to login by using your so called "team name", email and password as provided with your registration. You need to obtain an end-user license and to conclude End-User agreement and Data Processing Agreement to use the Software with Owner or Provider (or other Owner's licensee). You shall be charged for the access to the Software as detailed in the Pricelist. You agree to pay the applicable license fees and taxes to Owner or Provider (or other Owner's licensee).
You shall be allowed to (i) upload data to the Software; (ii) use Software to retrieve, arrange, analyze and store the data, (iii) download data from the Software, as provided in the End-User agreement. With respect to the use of the Site/the Software, you are prohibited and you agree not to engage in (i) offenses against any individual and his privacy and (ii) the uploading of indecent materials or the use of the Site/the Software in any matter that is inconsistent with applicable laws or such as to injure Provider's and/or Owners business reputation. You agree that Provider and/or Owner are not responsible or liable for any data (including content and links) uploaded by you on the Site/the Software. Owner is entitled to remove from the Site any information. You use the Site and the Software at your own risk.
Owner is entitled at any time to publish on the Site any proposals, to propose new services, and to amend these Terms and Conditions accordingly. In the case of inconsistencies between these Terms and Conditions and special terms and conditions published on the Site regarding any of the foregoing, the latter shall prevail. Subject to the terms set forth in the Privacy Policy, Owner/Provider shall have the right to send Users email messages, using the email address provided by Users at the time of registration, regarding the Software and any new proposed services, or any other relevant matters that in Owner's/Provider's view may assist in enhancing Users' experience using the Software. Such messages may include reminders, invitations, suggestions and descriptions of existing, new or future services, other important notices, as well as marketing and promotional content.
Two-level support is provided: Licensee level support: Provider or its authorized representative shall provide to Users support limited to advice and consultations on the use of the Site and/or Software. Such support shall be delivered 24/7 in English and / or other languages support team can communicate via support request form on the Site. Owner level support: Any technical support, which requires access, modification or update of Software and/or access Users data processed by Software, shall be escalated by Provider to the Owner, and shall be provided by the Owner or its authorized representative.
Provider is entitled to collect license fees from Users for the granted right (sub-license) to access and use of Software via the Site, according to the prices indicated in the Pricelist, available at https://kowboykit.com/ . You acknowledge and agree that Owner is entitled, at its sole discretion, to change the Pricelist at any time. Such changes shall be posted by the Owner on the Site. Unless otherwise stated, all fees are quoted in EUR. All payment conditions as well invoice issuing terms are indicated in the End-User agreement.
Your current plan can be changed with notification from Site. You will be notified 1 month before the fact. The Owner reserves the right to change plans and pricing with notification.
All Users and Visitors acknowledge and agree that Owner is not required to verify (though it has the right to do so), and therefore cannot be held responsible for any Users' actions or inactions related to the Site or the Software and/or their compliance with applicable law. Every User is responsible and must comply with all applicable laws related to his/her use of the Site and the Software. In particular, but without limitation, Users and Visitors must not: (i) infringe any third-party rights, or (ii) use the identities of other companies/individuals. You acknowledge and agree that Provider and/or the Owner are not responsible for any damage, whether material or not, experienced by natural or legal persons and which could arise directly or indirectly as a consequence of a User actions while using the Site and/or the Software. Only User himself is responsible for his actions while using the Site and/or Software and his/her compliance with all applicable laws.
Users undertake the following:
Users and Visitors undertake that, while using the Site and Software, they will:
You also agree and shall not to use the Site and/or the Software for any unlawful purpose, in a way prohibited by the Terms and Conditions, including, but not limiting to,
Users agree to
When using the Site, you represent and warrant that you:
Owner is entitled, at his sole discretion, to limit or terminate a User's or Visitor's right to use the Site and/or Software, including canceling a User's Account and preventing a User from re-registering on the Site or a Visitor from re-accessing the Site. Owner shall have the right, at his sole discretion, with or in case of a material breach of these Terms and Conditions and/or End-User Agreement without sending a formal notice to a User, to partially or fully block, suspend or terminate such User's User Account, as a result of which the User may be deprived the right to use the Site or any of the Software.
Owner has the right (but are not required to), with an aim of restraining illegal activities, to observe at any time the User's and Visitor's actions, and the Users and the Visitors hereby agree to the same. Owner, aiming to protect the Site Users and Visitors from frauds and other offenses, may collect data about the conduct of Users.
Owner is entitled at any time to:
The Site and the Software are operated and maintained solely by the Owner. Provider has nor rights, nor ability to modify the Site / the Software, as well as no rights to use the Software. Provider does not provide any services to the Users, except of Licensee Level Support. Owner is entitled at any time to unilaterally terminate or suspend or transfer to third parties the operation of the Site and the Software, and, to the extent practicable, shall use commercially reasonable efforts to provide Users with notification of the same.
Personal/corporate data of Users shall be collected and processed in accordance with the provisions of law and in accordance with the Privacy Policy available at https://kowboykit.com/privacy-policy. The cancellation of the User Account does not mean that Owner will delete all the Account relevant information or User personal/corporate data. Such deletion shall be at Owner option and discretion and Owner may decide to retain and store such information in connection with an investigation or as otherwise required by law or in order to take legal action in consequence of a violation of these Terms and Conditions, the Privacy Policy or any other Site Rules.
The contents of the Site, such as text, graphics, images, trademarks, service marks, logos and other material, (collectively "Content"), are protected by copyright and other intellectual property laws under both Dutch Republic of Cyprus and foreign laws, and are owned by the Owner. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, create derivative works or otherwise use or exploit the Content in any way for any public or commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.
The Content may contain inaccuracies or typographical errors. Owner (including Provider and other Owner's licensees) makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Site and the Software. The use of the Site, the Software and the Content is at your own risk. Changes are periodically made to the Site / the Software and may be made at any time. OWNER (INCLUDING PROVIDER AND OTHER OWNER'S LICENSEES) DOES NOT WARRANT THAT THE SITE AND/OR THE SOFTWARE WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE, THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. OWNER (INCLUDING PROVIDER AND OTHER OWNER'S LICENSEES) DOES NOT WARRANT AND DOES NOT GUARANTEE THE ABSENCE OF ERRORS AND FAILURES IN THE OPERATION OF THE SITE AND/OR SOFTWARE, INCLUDING THE CORRECTNESS OF WORK OF THE SOFTWARE AND AVAILABILITY OF THE SYSTEM. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PROVIDER IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE, SOFTWARE AND CONTENT ARE PROVIDED ON AN ‘AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PROVIDER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES.
IN NO EVENT SHALL OWNER (INCLUDING PROVIDER AND OTHER OWNER'S LICENSEES) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, THE SOFTWARE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OWNER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF OWNER (INCLUDING PROVIDER AND OTHER OWNER'S LICENSEES) TO YOU FOR ALL CLAIMS ARISING FROM THE SITE, THE SOFTWARE AND THE CONTENT IS LIMITED TO SIX MONTHLY FEES FOR THE CHOSEN SUBSCRIPTION PLAN.
You agree to defend, indemnify, and hold harmless Owner, Provider and/or other Owner's licensees, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site, the Software or the Content or your breach of these Terms and Conditions. Owner shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
You acknowledge and agree that any questions, comments, reviews, suggestions, ideas and feedback related to the Site/the Software (collectively, "Feedback"), provided by you in the form of email or other submissions to the Site, may be used, reused or shared by the Owner to better serve you. The ideas and proposals made via Feedback are not an intellectual property of the User. Owner shall be entitled to the unrestricted use and dissemination Feedback for any purpose, excepting those uses and disseminations that violate the Privacy Policy. All information and data uploaded by the User or retrieved, processed by the Software on behalf of the User shall remain the property of the User. User's shall have a right to download, retrieve, copy, duplicate any of his data as stored on the Site or in/by the Software. Owner has the right to use the trademark (service mark) or the User's logo, as well as its name by posting on the Owner's service and in promotional materials during the term of this agreement and for a period of three (3) years after the termination of this agreement.
The Site may contain links to third party web sites. Owner is not responsible for the content of linked third-party sites and does not make any representation regarding the content or accuracy of materials on such third party websites. If you decide to access a linked third-party web site, you do so at your own risk.
These Terms and Conditions are governed by the laws of the Netherlands without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. In the event of a legal dispute, it will be resolved according to dispute resolution procedures as provided in the End-User Agreement. These Terms and Conditions together with End-User Agreement, Privacy Policy and other Site Rules, which make an integral part of the agreement, constitute the entire agreement between you and Owner or Provider with respect to the use of the Site, the Software and the Content. In case of any conflict between the documents, the End-User Agreement shall prevail.