Terms

Last update: September 3, 2020.

Welcome to kiff.app, a website and mobile app provided by Topxel, S.C. ("Topxel", "we" or "us"). We've drafted these Terms of Service ("Terms") so you’ll know the rules that apply when you use the Kiff app or any of our other products or services that link to these Terms ("Services").

By downloading or using the Services, these Terms will automatically apply to you, so please read them carefully before using the Services.

Use License

Topxel grants you a personal, worldwide, non-assignable, non-exclusive, limited, revocable, and non-sublicensable license to access and use the Services. Be advised, that some of the Services may be provided for a fee or other charge.

Permission is granted to use our website and mobile apps for personal, non-commercial purposes. If you wish to use the Services for business or commercial purposes, please contact legal@kiff.app.

Under this license you may not:

  • Modify or copy the materials.
  • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
  • Attempt to reverse engineer or extract the source code of our software.
  • Try to translate the app into other languages, or make derivative versions.
  • Remove any copyright or other proprietary notations from the materials.
  • Transfer the materials to another person or "mirror" the materials on any other server.

Intellectual Property

The Services and its original content, features and functionality are and will remain the exclusive property of Topxel and its licensors. The Services are protected by copyright, trademark, and other laws of both Spain and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Topxel.

Disclaimer

Your use of the Services is at your sole risk. The materials on our website and mobile apps are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, expressed or implied, and hereby disclaim and negate all other warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights.

In addition, while we attempts to provide a great user experience, we do not warrant that: the Services will always be secure, error-free or timely; all errors in the Services will be corrected; the Services will always function without delays, disruption or imperfections; or that any content or information you obtain through the Services will be timely or accurate.

Limitations

In no event shall we, be liable for any damages (including, without limitation, damages for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: your use of the Services or inability to use the Services; your access to or inability to access the Services; or unauthorised access, use or alteration of your content.

Accuracy of materials

The information appearing in our software could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Services are accurate, complete or current.

Modifying and Terminating our Services

We are constantly modifying and improving our Service over time. We may add or remove features or functionalities, and we may temporarily suspend or discontinue the Services altogether. We may, at any time, change or impose fees for your access and use of the Services.

If we suspend or terminate the Services, we will try to notify you beforehand, but this won't always be possible.

You can stop using the Services at any time, although we would be sorry to see you go. Topxel may also stop providing the Services to you at any time, with or without cause, and with or without notice. For example, we may immediately suspend or terminate your use of the Services if you are not complying with these Terms.

The Kiff app is currently compatible with Apple's iOS devices. The requirements for the system (and for any additional systems we decide to extend the availability of the app to) may change, and you'll need to download the updates if you want to keep using the app. Topxel does not promise that it will always update the app so that it's relevant to you and/or works with the iOS version that you have installed on your device.

Paid Services

Certain aspects of the Services may be provided for a fee or other charge. We may modify this fees at any time without notice.

For any customer who purchased the Kiff app in Apple Inc.'s App Store and want to request a refund, please contact Apple Inc.'s support team at https://reportaproblem.apple.com/. App Store does not allow developers to issue refunds for App Store purchases made by customers.

Privacy Policy

We take your privacy very seriously, that's why we collect the least information about you that we can. You can learn how your information is handled when you use our Services by reading the Privacy Policy. You agree that the Privacy Policy constitute part of these Terms.

Links to third party sites

The Services may contain links to other websites or services ("Linked Sites"). The Linked Sites are not under the control of Topxel and Topxel is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Topxel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Topxel of the site or any association with its operators.

Topxel assumes no responsibility for, the content, privacy policies, or practices of any Linked Sites. You further acknowledge and agree that Topxel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Linked Sites.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Feedback and Suggestions

When you contact us for giving feedback or making a suggestion, the submission of any content or information is entirely voluntary, gratuitous, a non-committal.

You understand and agree to the terms enumerated below when sharing any information or material ("Content") with us:

  • You have all necessary rights to disclose the Content to us. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by Topxel's review and/or use of the Content.
  • You understand that Topxel has no obligation, either express or implied, to develop or use your Content and that no compensation is due to you or anyone else for any inadvertent or intentional use of your Content, related ideas or ideas derived from your idea. You understand that Topxel assumes no obligation with respect to any of your Content.
  • We will give your Content such consideration as is warranted by our sole judgment. Our review of your Content shall not be construed as any recognition of the novelty or originality of the Content. We are not obligated to give reasons for rejecting your Content or to reveal our activities that are related to the subject matter of the submitted Content.
  • You acknowledge that the Topxel, directly or indirectly, may be working on the same Content or a similar Content, or already know of such Content from other sources, or simply wish to develop this Content or as similar to the Content on its own.
  • You hereby irrevocably release and forever discharge Topxel from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Topxel with respect to the Content, including without limitation in respect of how Topxel, directly or indirectly, use the Content.

Indemnification

You agree to defend, indemnify and hold harmless Topxel and its directors, officers, members, investors, managers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), arising in any way from your negligent, reckless, or willful misuse of the Services, your placement or transmission of any message, content, information, software, or other submissions through the Services, any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by your negligent or more culpable acts or omissions related to your use of the Services; or your breach or violation of the law or of these Terms.

Governing Law

These Terms will be governed and construed in accordance with Spanish legislation unless expressly established otherwise. You agree to subject any disagreement that could arise from the provision of the Services that are the object of these Terms to the Courts and Tribunals of Spain.

In the event that the User's address is outside of Spain, you expressly waive any other jurisdiction, being subject to the Courts and Tribunals of the city of Vitoria-Gasteiz, Spain.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Changes to this Terms

We may revise these Terms at any time without notice. You should check the Terms regularly to keep informed. By using our software you are agreeing to be bound by the then-current version of these Terms.

If you do not agree to the updated Terms, you should discontinue your use of the Services.

Apple Trademark

Apple, the Apple logo, App Store, iPhone and iOS are trademarks of Apple Inc., registered in the U.S. and other countries and regions. App Store is a service mark of Apple Inc.

Contact us

If you have any questions or suggestions about our Terms, do not hesitate to contact us at legal@kiff.app.

Thank you for reading our Terms. We hope you enjoy Kiff!