1. Acceptance of Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ("you") and Komario ("we," "us," or "our") concerning
your access to and use of our website located at the Komario domain, and any other media form,
media channel, mobile website, or mobile application related or connected thereto (collectively,
the "Site" or "Services").
Supplemental terms and conditions or documents that may be posted on the Site from time to time
are hereby expressly incorporated into these Terms by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms at any time and for any reason.
We will alert you about any changes by updating the "Last Updated" date of these Terms, and you
waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms to stay informed of updates. You will
be subject to, and will be deemed to have been made aware of and to have accepted, the changes in
any revised Terms by your continued use of the Site after the date such revised Terms are posted.
If you do not agree to all of these Terms, you must immediately discontinue use of the Site.
The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other locations do so on
their own initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
2. Services Provided
Komario provides users with access to a modern digital solutions platform, including website
resources, content, and information designed to help businesses and individuals build digital
products and experiences. The Site may include informational resources, product descriptions,
blog content, contact forms, interactive features, and other related services.
All descriptions, specifications, features, content, and offerings of the Services and their
appearance are subject to change at any time without notice. We do not guarantee the accuracy,
completeness, or current nature of any information provided on the Site, and we shall have no
obligation to update such information.
3. User Accounts
When you create an account with us, you warrant that: (a) you are at least 18 years of age, or
have the legal consent of a parent or guardian to use the Site; (b) you will not misrepresent your
identity or mislead us as to the origin of any information you provide; and (c) you are providing
accurate, current, and complete registration information.
You are responsible for:
- Maintaining the confidentiality of your account credentials, including your password
- Restricting access to your account on any shared device
- Notifying us immediately of any unauthorized use of your account or security breaches
- All activities and actions performed under your account, whether or not authorized by you
We reserve the right to disable, suspend, or terminate user accounts at our sole discretion if
we determine that you have violated any provision of these Terms, engaged in fraudulent or abusive
activity, or for any other reason with or without notice.
4. Acceptable Use & Prohibited Conduct
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not
to use the Site in any way that:
- Violates any applicable federal, state, local, or international law or regulation
- Exploits, harms, or attempts to exploit or harm minors in any way
- Transmits, or procures the sending of, any advertising or promotional material without our
prior written consent, including "junk mail," "chain letters," "spam," or any similar solicitation
- Impersonates or attempts to impersonate Komario, a Komario employee, another user, or any
other person or entity
- Engages in any automated use of the system, such as using scripts to send comments or messages,
or using any data mining, robots, or similar data gathering and extraction tools
- Interferes with, disrupts, or creates an undue burden on the Site or the networks or services
connected to the Site
- Attempts to bypass any measures of the Site designed to prevent or restrict access
- Harasses, abuses, insults, harms, defames, slanders, or disparages any person or group
- Introduces any viruses, trojan horses, worms, logic bombs, or other material that is malicious
or technologically harmful
5. User Content & Submissions
You may submit content, data, or other information (including but not limited to messages, feedback,
ideas, suggestions, comments, and form submissions) to us through the Site ("User Content"). You
retain ownership of your User Content.
By submitting or posting User Content, you grant us a non-exclusive, perpetual, irrevocable,
royalty-free, fully paid, worldwide, transferable license (with the right to sublicense) to use,
reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly
perform, and publicly display such User Content in any and all media or distribution methods
(now known or later developed) for the purpose of providing, improving, and promoting the Services.
You represent and warrant that: (a) you own or have the necessary licenses, rights, consents, and
permissions to submit your User Content and grant us the license rights set out above; and
(b) your User Content does not violate, misappropriate, or infringe any third party's intellectual
property, privacy, publicity, or other legal rights.
We reserve the right, but do not assume any obligation, to monitor, screen, edit, or remove any
User Content, at our sole discretion and at any time, for any reason.
6. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, text, photographs, graphics, audio, video, logos, trademarks,
and service marks contained therein, as well as the "look and feel" of the Site (the "Content" or
"Materials"), are owned or controlled by us or licensed to us, and are protected by copyright, trademark,
patent, and other intellectual property laws and unfair competition laws of the United States,
international copyright laws, and other intellectual property or proprietary rights laws.
Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Trademarks, service marks, and logos used in connection with the Services, including the Komario name
and logo, are trademarks of Komario. You may not use any of these marks without our prior written
permission, including but not limited to in connection with any product or service that is not ours.
7. Third-Party Services & Advertisements
7.1 Third-Party Links
The Site may contain links to third-party websites ("External Sites") or content owned or originating
from third parties, including advertisements, promotions, and sponsored material. Such External Sites
and third-party content are not investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service offered by
or information contained on any External Sites. Your dealings with any third party found on or through
the Site, including payment and delivery of goods or services, are solely between you and such third party.
7.2 Third-Party Advertisements
We may display advertisements on the Site from third-party advertising networks, including but not
limited to Adsterra and similar providers. These ads are provided by the respective advertisers and
may target users based on browsing habits, interests, or demographic data. The inclusion of any
advertisement does not constitute endorsement, recommendation, or verification by Komario of any
products, services, or claims made by such advertisers.
You expressly acknowledge and agree that: (a) we do not control and are not responsible for the
content, safety, accuracy, or legality of any third-party advertisements; and (b) any interactions
you have with such advertisers, including purchases, payments, or agreements, are at your own risk.
Please refer to our Disclaimer for additional important information
about third-party content and advertisements displayed on our Site.
8. Disclaimers of Warranties
THE SITE, SERVICES, CONTENT, AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, NEXORA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE,
COMPLETE, TIMELY, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED FROM NEXORA OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THESE TERMS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXORA, ITS DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR OTHER
INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OF, OR INABILITY
TO USE, THE SITE, SERVICES, OR ANY CONTENT THEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL, CUMULATIVE LIABILITY OF NEXORA FOR ANY
AND ALL CLAIMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING UNDER OR RELATING TO THESE TERMS,
YOUR USE OF THE SITE, OR THE PROVISION OF THE SERVICES, SHALL NOT EXCEED THE TOTAL AMOUNT (IF ANY)
ACTUALLY PAID BY YOU TO NEXORA FOR ACCESS TO AND USE OF THE SERVICES DURING THE TWELVE (12) CALENDAR
MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
10. Indemnification
You agree to indemnify, defend, and hold harmless Komario, its officers, directors, employees, agents,
licensors, suppliers, successors, and assigns from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys' fees)
arising from: (a) your use of and access to the Site and Services; (b) your violation of any term of
these Terms; (c) your violation of any third-party right, including without limitation any intellectual
property right, publicity, confidentiality, property, or privacy right; (d) any claim that information
or content you provided to us caused damage to a third party; or (e) your User Content or any information
you submit or transmit through the Site.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
11. Modifications to Site or Terms
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site or
Services (or any part or content thereof) with or without notice at our sole discretion. You agree
that we shall not be liable to you or to any third party for any modification, suspension, or
discontinuance of the Site or Services.
We may also update these Terms from time to time. The current version of the Terms will be posted
on the Site with an updated "Last Updated" date. By continuing to access or use the Site after any
such update, you agree to be bound by the revised Terms. If a revision to these Terms materially
changes your rights or obligations, we will use reasonable efforts to provide notice of such changes.
12. Governing Law & Dispute Resolution
These Terms and any disputes arising out of or relating thereto (including non-contractual disputes)
shall be governed by and construed in accordance with the internal laws of the State of California,
United States, without regard to its conflict of laws principles.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach,
termination, enforcement, interpretation, or validity thereof, including the scope or applicability
of this agreement to arbitrate, shall be determined by binding arbitration in San Francisco County,
California before one (1) neutral arbitrator. The arbitration shall be administered by the American
Arbitration Association pursuant to its Commercial Arbitration Rules. Judgment on the Award may be
entered in any court having jurisdiction.
Notwithstanding the foregoing, either party may bring an action in court for injunctive or other
equitable relief, and either party may bring an individual action in small claims court if the claim
qualifies.
13. Miscellaneous Provisions
- Severability: If any provision of these Terms is determined to be unlawful,
void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent
permitted by applicable law, and the unenforceable portion shall be deemed to be severed from
these Terms. Such determination shall not affect the validity and enforceability of any other
remaining provisions.
- Waiver: No waiver of or failure to exercise any term, condition, or right
of these Terms shall be deemed a further or continuing waiver of such term, condition, or right,
or a waiver of any other term, condition, or right.
- Entire Agreement: These Terms, together with our Privacy Policy and Disclaimer,
constitute the entire agreement between you and Komario relating to the Site and Services, and
supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or
written, between us.
- Assignment: We may assign these Terms, in whole or in part, to any affiliated
company or in connection with a merger, acquisition, or sale of assets. You may not assign these
Terms without our prior written consent.
- Notices: Except as otherwise provided herein, all notices to Komario shall be
sent via email to hello@nexora.com or via certified mail to
the address listed in our Contact section.