Terms and Conditions for SDKits

Introduction

These Terms and Conditions are a contract between you and SDKits (referred to in these Terms and Conditions as “SDKits”, “us”, “we” or “our”), the provider of the SDKits website, affiliate websites, software, licences and services accessible from the SDKits website (which are collectively referred to in these Terms and Conditions as the “SDKits Service”). SDKits is accessible at https://sdkits.com and affilate websites are accessible at https://examinex.online.

You are agreeing to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the SDKits Service. In these Terms and Conditions, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms and Conditions, we reserve the right to cancel your account or block access to your account without notice.

Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through the SDKits Service remains the property of SDKits and are protected by copyright laws and treaties around the world. All such rights are reserved by SDKits. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears in the SDKits Service nor may you use any such content in connection with any business or commercial enterprise.

Restrictions

You are specifically restricted from all of the following:

  • publishing any SDKits Service material in any other media;
  • selling, sublicensing and/or otherwise commercializing any SDKits Service material;
  • using the SDKits Service in any way that is or may be damaging to the SDKits Service;
  • interfering with or circumventing any security feature of the SDKits Service or any feature that restricts or enforces limitations on use of or access to the SDKits Service;
  • using the SDKits Service contrary to applicable laws and regulations, or in any way may cause harm to the SDKits Service, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the SDKits Service;
  • certain areas of the SDKits Service are restricted from being access by you and SDKits may further restrict access by you to any areas of the SDKits Service, at any time, in absolute discretion. Any user ID and password you may have for the SDKits Service are confidential and you must maintain confidentiality as well.

Payment, Refunds, Upgrading and Downgrading

A valid credit card is required for purchasing licenses.

The SDKits Service is billed in advance for purchased licenses. There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties. You agree to pay for any taxes that might be applicable to your use of the SDKits Service or payments made by you in connection with your use of the SDKits Service.

All software version upgrades including major version upgrades are free of charge for all paid and active subscriptions of the SDKits Service. For non subscription based licenses all software version upgrades are free of charge for one year from the time of license purchase. You are solely responsible for implementing version upgrades of the SDKits Service licensed software.

Downgrading the SDKits Service software may not be possible once an upgrade has been completed. You are solely responsible for implementing version downgrades of the SDKits Service licensed software which can be done at your discretion.

Subscriptions

a. Subscription terms. We may offer you the ability to purchase subscriptions via the SDKits Service. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.

b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us via email at support@sdkits.com. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.

c. Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us via email at support@sdkits.com.

d. Internet connection. An SDKits Service subscription requires an active Internet connection from any computer in which an SDKits Service license is installed. If there is not an active Internet connection then a subscription license will become invalidated and the SDKits Service that the license is attributed to may no longer function.

Your account

We may require that an account to be created to access the SDKits Service. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.

Your Privacy

Please read Privacy Policy.

No warranties

The SDKits Service is provided “as is,” with all faults, and SDKits express no representations or warranties, of any kind related to the SDKits Service or the materials contained on the SDKits Service. Also, nothing contained on the SDKits Service shall be interpreted as advising you.

Limitation of liability

In no event shall SDKits, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of the SDKits Service whether such liability is under contract. SDKits, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of the SDKits Service.

Indemnification

You hereby indemnify to the fullest extent SDKits from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

SDKits is permitted to revise these Terms at any time as it sees fit, and by using the SDKits Service you are expected to review these Terms on a regular basis.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of Australia, and you submit to the non-exclusive jurisdiction Australia and federal courts located in Australia for the resolution of any disputes.

Last updated 2020-05-14