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KYON General Terms of Use   PLEASE READ THE FOLLOWING KYON TERMS AND CONDITIONS OF USE (“THE KYON TERMS”) CAREFULLY BEFORE USING THE GOODS AND SERVICES OFFERED BY THE WWW.KYONTRACKER.COM WEBSITE (“THE SITE”). THE WEBSITE WWW.KYONTRACKER.COM OPERATES ALSO AS AN ONLINE SHOP (E-SHOP) FOR THE GOODS LISTED THEREIN.   1.    Introduction - Agreement This is an agreement between KYON LTD (“we” or "us" or "our" or other similar pronouns), Site operator and owner of the KYON TRACKER device and all related software or applications or devices that we provide through the Site ("Goods and Service") and you (“you” or “You”), the user of the Site, subject to and in accordance with the KYON Terms.    The KYON Terms together with the KYON Privacy Policy govern your access to and use of the Site as well as your use and purchase of Goods and Services, excluding any products and services provided to you by us under a separate written agreement. In some instances, using the Site requires that you install our software on your computer or mobile device (the "Software").   By visiting the Site or using the Goods and Services in any manner, you, unreservedly and unconditionally, acknowledge and accept the KYON Terms and agree to be bound by them, to the exclusion of any other KYON Terms. You may terminate these KYON Terms at any time by uninstalling the Software (if any), cancelling your account with us, and no longer accessing the Site. Some provisions will continue to be effective after termination of these KYON Terms. Do not access or use the Site or our Software and refrain from any relevant transactions, if you are unwilling or unable to acknowledge and be bound by these KYON Terms.   We may modify these KYON Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage and changing the Effective Date at the end of these KYON Terms. You agree to revisit the Site and carefully read the KYON Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new KYON Terms. You acknowledge and agree that your continued access to or use of the Site or Software or the Goods and Services after any posted modification to the KYON Terms indicates your full acceptance of any modification.   The KYON Terms of Use, together with the KYON Privacy Policy and any other legal notices published by us, shall constitute the entire agreement between you and us concerning the access and use of our Site and our Goods and Services. If any provision of the KYON Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the KYON Terms, which shall remain in full force and effect. No waiver of any term of this the KYON Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under the KYON Terms shall not constitute a waiver of such right or provision. The KYON Terms neither exclude nor limit any of your mandatory rights in your country of residence that cannot by law be waived. If a provision of this agreement is found to be invalid, the validity of the remaining provisions is not affected.   2.    Definitions. a. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. b. "Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to or through the Site, such as location information and any message you may post on or through the Site or information that you display as part of your account profile. "User Content" means Content that users submit or transmit to or through the Site including Your Content. "Our Content" means Content that we create and make available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than us or our users, such as data providers who license data to us for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and Our Content.   3.    Eligibility. The Site and the Software are not intended for children under the age of 13 and we do not knowingly collect information from children under the age of 13.  If we become aware that a user is under the age of 13 and has submitted any information to us for any purpose, we will delete his or her information from our files. In addition, if a parent or guardian becomes aware that a child has submitted personal information, that parent or guardian should immediately notify us at the email address listed on the Site and we then shall proceed with the removal of such information from the Site and deletion from our records. If the user is 14 or older but under the age of 18, the user shall review the KYON Terms with his / her parent or guardian to make sure that the user fully understands the KYON Terms. Further, all users represent and warrant that they (a) have not previously been suspended by us or removed from the Site; (b) do not have more than one account for the Site at any given time; and (c) have full power and authority to enter into these KYON Terms and in doing so will not violate any other agreement to which they may be a party.   4.    Privacy. We encourage you to review our Privacy Policy which can be found at ("Privacy Policy"). By agreeing to these KYON Terms you are also agreeing to our Privacy Policy. Our Privacy Policy governs the collection, use and disclosure of information we collect from you. The information we collect is stored and processed by us on servers in USA, Delaware and potentially other countries. By installing the Software or using the Site you consent to any such transfer of your information outside your country and/or outside the country where you access or use the Site or have installed the Software.   5.    Access and use of the Site and the Goods and Services. By virtue of the Agreement, we  grant you permission to access and use the Site as well as the Goods and Services in accordance with the KYON Terms and Privacy Policy provided that: (i) such access and use is solely for your personal use, (ii) you are not permitted to access and use the Site and the Goods and Services in any manner that is inconsistent with the KYON Terms such as charging others for use of or access to the Site; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Contents in any medium without our prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Goods and Services; and (iv) you will otherwise fully comply with the KYON Terms and conditions of the KYON Terms of Use and Privacy Policy. We reserve the right to set limits on the use of the Site as well as the Goods and Services at our discretion.    6.    Restrictions on Access and Use. You agree that you will not, and will not assist or enable others to: a. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Site; b. use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not; c. use the Site for promotional or commercial purposes, except as expressly allowed in writing by us; d. use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews; e. use the Site for keyword spamming or to otherwise attempt to manipulate natural search results; f. use the Site to promote bigotry or discrimination against protected classes; g. use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; h. use the Site to submit or transmit pornography or illegal content; i. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors (or persons of any age); j. use the Site in violation of these KYON Terms or any applicable law; k. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by us; l. reverse engineer any portion of the Software, the Goods and Services or the Site; m. remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site n. record, process, or mine information about other users; o. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content; p. access, retrieve or index the Site for purposes of constructing or populating a searchable database of business reviews; q. reformat or frame any portion of the Site; r. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure; s. attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.   7.    User Accounts. You need to create an account and provide information about yourself in order to use some of the features on the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. You will use your account for your personal, non-commercial use only. In creating an account, you may not impersonate someone else, create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. Some features of the Site may allow you to send and receive text messages (SMS) on your mobile device. You grant us authorization to send SMS to your account. Message and data rates may apply and you will be responsible for paying such charges. Check with your carrier if you have questions about your plan and costs. To stop receiving text messages from this service, text STOP. Text HELP for more information about the text messaging service.   You authorize us and our affiliates, agents and independent contractors to contact you at any telephone number or email or address you provide to us or through which you communicate with us.  If you want to make a change in how we contact you please contact us. You explicitly consent that we and our affiliates, agents and independent contractors may listen to or record telephone calls between you and our representatives without additional notice to you.   8.    Permission to Use Your Content. At our sole discretion, we may display Your Content on the Site in order to provide our service(s) and we may use Your Content to promote our Site, Software, our Goods and Services and for any other business uses. Please note, we reserve certain rights to preserve Your Content in our off-line servers as explained in our Privacy Policy. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.   9.    Responsibility for and use of User Contents. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively "User Content") that you submit, post or display on or via the Site. You acknowledge and agree that we are not responsible for, and do not endorse, Content posted on the Site. We do not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these KYON Terms, you may bear legal responsibility for that Content.   We do not claim ownership of any User Content that you post on or through the Site. You hereby grant to us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Site as per the Privacy Policy.   You represent and warrant that: (i) you own the Content posted by you on or through the Site or otherwise have the right to grant the rights and licenses set forth in the KYON Terms; (ii) the posting and use of your Content on or through the Site does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of posting the Content on or through the Site; and (iv) you have the legal right and capacity to enter into the KYON Terms in your jurisdiction.   We reserve the right to remove any Content from the Site for any reason, without prior notice. Content removed from the Service may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of your Content. You agree that you will not rely on the Site for the purposes of Material backup or storage. We will not be liable to you for any modification, suspension, or discontinuation or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.   Except as otherwise described in the Privacy Policy any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content by third parties. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or a special relationship of any other type, and that your decision to submit any Content on the Site does not place us in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of us and we shall not be liable for any use or disclosure of any Content you provide.   10.      Additional KYON Terms for Forums. Our Site may provide one or more forums, testimonials, endorsements or other interactive or social media features ("Forums") for users of our Site to exchange information with each other and with us about the Site and the Goods and Services offered through it (the "Purpose"). If you use the Forums, in addition to any other KYON Terms we may require when you register to use the Forums or otherwise posted at or on the Forums, you agree to the following:   a. You agree not to use the Forums for any reason other than the Purpose.. Except as permitted through a "Share" function which we may provide on the Forums (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Forums including, but not limited to, any code or software we may provide.   b. Opinions expressed in the Forums or elsewhere on the Site and in any corresponding comments are the personal opinions of the original authors, and do not necessarily reflect our views, even if such opinion have been expressed by individuals working for us or are by any means related to us. Additionally, our Site and Forums may include advertisements, testimonials and endorsements that feature users and convey his or her experience with our products and services. In some cases, these users may have been provided our product or service free of charge, for purposes of reviewing such product or service, and providing his or her feedback, or may have been provided other remuneration or consideration, such as the potential for a television appearance. While a consumer may have received remuneration for our advertisements, testimonials and endorsements, our policy is to solicit honest opinions, findings, beliefs or experiences with our products and services.   c. All messages express the views of the author, and we will not be held responsible for any message or associated content.   d. You take full responsibility for any and all messages and associated content you post to the Forums or exchange through the Forums. In addition, if you post any messages, upload files, input data, or engage in any other form of communication through the Forums (a "Posting"), you represent and warrant the following: (a) you own all right, title, and interest in and to the Posting, or you have been granted sufficient rights in and to the Posting allowing you to post such Posting, (b) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violate any laws, (c) you must not breach obligations of confidentiality that you owe to another party either in posting or using a Posting, (d) any Postings you make to the Site do not infringe any third party copyright, trademarks, any other intellectual property rights or any applicable law and (e) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and their and our directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of these KYON Terms or your use of the Forums. For the purposes of this section, references to "your use" of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer.   e. When using the Forums and viewing Postings, you need to be aware of the following issues: (i) the Forums may include contributions from various sources over which we have no control (including any content submitted by third party users); (ii) we do not pre-screen or exercise editorial control over Postings, and take no responsibility for such Postings and (iii) we reserve the right to edit or remove Postings at any time and in our sole discretion, including those that are in breach of these KYON Terms or in breach of any obligation of confidentiality You owe us, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums and we will not be liable in relation to the removal of, or failure to remove, any Postings.   f. Our Forums may allow you to send messages directly to other Forum users who have made their contact information available for receiving such messages. You agree to only send messages to other Forum users for the purpose of exchanging information about the Purpose and any other use of the ability to send messages to other Forum users is strictly prohibited. Moreover, you shall not use the contact information made available through the Forum for any of the following: (1) to send unsolicited commercial email (i.e., spam) or any other type of unsolicited commercial message, or (2) to send any message that is vulgar, sexually-orientated, hateful, threatening, or otherwise violates any laws.   g By adding a Posting to the Forum, you are granting us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (a) post, use, copy, sublicense, adapt, transmit, publicly perform or display any such Posting, (b) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish your Posting without restriction and (c) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Posting. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Posting, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction without us owing any monies to you whatsoever.   h. Our Forums may contain additional rules or posting guidelines. In such case, you agree to conform your Postings to any such additional rules or posting guidelines found in such Forums.   11.  Intellectual Property Rights. Subject to compliance with these KYON Terms, we are granting you a non-exclusive, non-transferable, revocable limited license to access the Site as well as the Goods and Services for your personal use only. You agree not to use the Site as well as the Goods and Services for any other purpose. If you violate any of these KYON Terms, we reserve the right to terminate your license without notice.   The design and lay-out of the Site as well as the Goods and Services along with its created text, scripts, graphics, interactive features and logos contained therein ("Marks"), are owned by or licensed to us, and are protected under copyright, trademarks, patents and other intellectual property rights by virtue of Greek and foreign laws and international conventions.   By accessing and using the Site or the Software or the Goods and Services or agreeing to these KYON Terms, we are not granting you any right, title, interest or license in and to any of our intellectual property rights of those of our affiliates, including but not limited to those related to (a) our KYON trademarks, (b) system on the tracking devices and (c) any other hardware or software is used with respect to such tracking devices.   12.      Third Party Intellectual Property Rights. Included as part of the Site and/or the Software and/or the Goods and Services provided to you, there may be other elements (such as software) that are licensed and available to you by virtue of third party license agreements, including but not limited to Microsoft's Bing Maps service and Google’s Maps service. To the extent that these KYON Terms may conflict with licenses or agreements governing your rights to that elements, the KYON Terms and conditions of such third party agreements are the prevailing ones.   The Site and/or the Software may provide access to Microsoft's Bing Maps service. Access to Microsoft's Bing Maps service is subject to the Microsoft Bing KYON Terms of Use at (the "Bing Maps KYON Terms”) and the Microsoft Privacy Statement at, or such other locations as Microsoft may specify from time to time. If you do not accept the Bing Maps KYON Terms or Microsoft's Privacy Statement, including all limitations and restrictions therein as may be updated by Microsoft from time to time, you may not use the Bing Maps service. Your use of the Bing Maps service will constitute your acceptance of the Bing Maps KYON Terms and Microsoft's Privacy Statement.   The Site and/or Software may provide access to Google's Maps service. Access to Google's Maps service is subject to the Android Maps APIs KYON Terms of Service at, when accessed from an Android mobile application component of the Site, the Google Maps KYON Terms of Service at Terms.html, when accessed from an iPhone mobile application component of the Site (collectively, the "Google Maps KYON Terms"), and the Google Privacy Policy at If you do not accept the Google Maps KYON Terms or Google's Privacy Policy, including all limitations and restrictions therein as may be updated by Google from time to time, you may not use the Google Maps service. Your use of the Google Maps service will constitute your acceptance of the Google Maps KYON Terms and Google's Privacy Policy.   The Site and/or Software may provide access to Apple Maps service. Access to Apple Maps service is subject to the Apple Maps KYON Terms of Service at http:// Terms-en.html (the "Apple Maps KYON Terms") and Apple’s Privacy Policy, which is incorporated by reference into the Apple Maps KYON Terms and can be viewed at: If you do not accept the Apple Maps KYON Terms or Apple’s Privacy Policy, including all limitations and restrictions therein as may be updated by Apple from time to time, you may not use the Apple Maps service. Your use of the Apple Maps service will constitute your acceptance of the Apple Maps KYON Terms and Apple's Privacy Policy.   We may make available third party products and services for purchase through the Site. Descriptions and images of, and references to, third party products or services available in connection with the Site do not imply our endorsement of such third party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service, to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions, to bar you from making purchase(s), and/or to refuse to provide you with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchases. The risk of loss and title to products purchased on the Site pass to the purchaser upon delivery to the carrier.   13.      Notices of Infringement of Intellectual Property Rights. Notifications of claimed infringement of Intellectual Property Rights, including but not limited to trademark, copyright, patent and design infringement, should be sent to:   a. In writing at the following address: KYON LTD, 3, Christaki Kombou, Peter’s House, 1st Floor, 3300 Limmasol, Cyprus   b. By phone at the following lines: -     United Kingdom, London 44-20-38070085 -     United States, New York 1-917-2849501 c. By email at the following email address:   To be effective, the Notification shall be precise, expressly refer to the infringed rights and the provisions of law invoked and shall be accompanied with the relevant proof of ownership (such as ownership certificates, registry extracts etc.).   Within a reasonable time after receipt of the written Notification, we will attempt to look into the matter and, in our sole discretion, we may contact the alleged infringer or remove or disable access to the Content that is allegedly infringing.   14.      Site Availability. Although it is our intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also we reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.   15.      Unauthorized Access. We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.   16.      Links to Third Parties. The Site may include links to other websites (each, a "Third Party Site"). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites. Some of the products and services made available through the Site are provided in connection with third parties and subject to additional KYON Terms posted here which you are bound by in accordance with its KYON Terms, which KYON Terms are incorporated herein by reference.   17.      Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide right and license to use, modify, publish, distribute, create derivative works of and sublicense the Feedback in our sole discretion.   18.      Termination. a. We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you misuse the Site. Any such termination or suspension could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.   b. You may terminate these KYON Terms at any time by closing your account, discontinuing your use of any and all parts of the Site and if have installed our Software, by uninstalling it. If you close your account, we may continue to display Your Content where it implicates other users.   c. In the event of any termination, whether by you or us, these KYON Terms will continue in full force and effect.   19.      Ownership. We own Our Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with Our Content, the Software and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of Our Content or Software in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site, the Software and Our Content are retained by us.   20.      Warranties, Disclaimers, and Limitations of Liability. a. THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. WE AND OUR AFFILIATES, WIRELESS CARRIER AND OTHER SERVICE PROVIDERS, DISTRIBUTORS, ORIGINAL EQUIPMENT MANUFACTURERS, SUPPLIERS AND PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, REGARDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING (1) THE OPERATION AND FUNCTIONALITY OF THE SOFTWARE OR SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SOFTWARE OR SITE CONTENT, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SOFTWARE, SITE OR SITE CONTENT.WE CAN'T PROMISE UNINTERRUPTED OR ERROR–FREE SERVICE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL OR MALICIOUS COMPONENTS AND WE DON'T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN'T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY LOCATION OR OTHER DATA MADE AVAILABLE TO YOU. YOUR USE OF ANY INFORMATION AVAILABLE THROUGH THE SERVICES IS AT YOUR OWN RISK AND RESPONSIBILITY.   b. UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, THE LIMITATIONS AND WAIVERS IN THIS SECTION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER STATUTORY, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY OR ANY OTHER THEORY.  YOU WILL NOT BE ENTITLED TO SEEK ANY ATTORNEYS FEES, INDIRECT, SPECIAL, TREBLE, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM THE US. YOU AGREE THAT WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY; BY BUILDINGS, ACCIDENTS, HILLS, NETWORK CONGESTION, TUNNELS, TOWERS, WEATHER OR OTHER THINGS WE DON'T CONTROL; OR BY ANY ACT OF GOD.  YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH ANY OF OUR SERVICE PROVIDERS AND YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN US AND SUCH SERVICE PROVIDERS. UNLESS YOU HAVE A SEPARATE CONTRACT WITH OUR SERVICE PROVIDERS, SUCH SERVICE PROVIDERS HAVE NO LEGAL, EQUITABLE OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU WAIVE ANY AND ALL CLAIMS OR DEMANDS FOR SUCH LIABILITY. OUR MAXIMUM LIABILITY TO YOU UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO US $100.   21.      Indemnity. You agree to indemnify and hold us, our parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of these KYON Terms, (iii) claims for libel, slander or any property damage, personal injury or death, (iv) the use, failure to use, or inability to use the Site or Software or any products or services available through the Site, caused directly or indirectly by you, or (v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. 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. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.   22.  Jurisdiction and Applicable law / Arbitration. The KYON Terms are governed by the laws of Cyprus. Any claim or dispute between KYON and the Users that arises in whole or in part from or is in connection by any means with the Site and the Goods and Services shall be decided exclusively by a court of competent jurisdiction located in Limassol, Cyprus.   23.      Contact and Violations. Please contact us with any questions regarding these KYON Terms. Please report any violations of these KYON Terms by email at or write to us at KYON LTD, 3, Christaki Kombou, Peter’s House, 1st Floor, 3300 Limassol, Cyprus.

Central line: +30 215 5007730
UK: +44 203 807 0085