Kayman Inc TERMS OF SERVICE

INTRODUCTION

Kayman Inc (“Kayman Inc,” “we,” “us,” “our”) provides its services, which include but are not limited to online education-based services, website and e-store construction, product sourcing assistance, and ongoing store maintenance, through its websites, social media accounts, and its platform (collectively, such services, including any new features and applications, and the site, are referred to as the “Service(s)”). The Services are provided to you subject to the following Terms of Service (the “Terms of Service”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.

1. Access to the Services

By using the Services (referred to as “Services”), you agree, on behalf of yourself and all members of your household and others who use any Service under your Kayman Inc Account (referred to as “Account”), to the following conditions. Please read these conditions carefully.

We offer a wide range of Kayman Inc Services, and sometimes additional terms may apply. When you use a Kayman Inc Service (for example, Educational Courses, Premium E-Store Construction Services, Business Consulting, or Kayman Inc applications) you may also be subject to the guidelines, terms, and agreements applicable to that specific Service (“Service Terms”).

By accessing and/or using our Services, whether or not you register for an Account, you are agreeing to these Terms, the terms and conditions of our Privacy Policy, and any other legal notices, rules, policies, and procedures relating to the Services that we may publish from time to time (collectively, the “Legal Documents”). Therefore, please carefully review these documents. If you do not agree, do not access and/or use the Services. If there is a conflict between these Terms and any other terms and conditions covering a specific area of the Services, the latter terms and conditions shall control unless they expressly state otherwise.

2. Modifications to Terms of Service

Terms of Service Modifications. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we may post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services’ user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than seven (7) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. Any new features or tools which are added to the current Services will also be subject to the Terms of Service.

Usage of Provided Phone Numbers. By providing your phone number to Kayman Inc, you agree that we may use it for direct communication purposes related to our services, such as updates, inquiries, support, or notifications.

3. Privacy Policy

We respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

4. Service Eligibility and Registration

Eligibility. To be eligible to use the Services, you must be at least 18 years old, or the age of majority in your jurisdiction, whichever is older. By using the Services, you confirm that you meet this age requirement.

Registration. You may be required to register for an Account to access certain Services. In doing so, you agree to provide accurate, current, and complete information about yourself. You are responsible for safeguarding your Kayman Inc Account login credentials. You agree not to disclose your password to any third party, and you will be solely responsible for any activities or actions under your Kayman Inc Account, whether or not you have authorized such activities or actions.

User Responsibilities. You are responsible for your own conduct while accessing or using our Services. You agree to use our Services only for purposes that are legal, ethical, and in accordance with these Terms and any other applicable rules or guidelines provided by us. We reserve the right to restrict or terminate your access to the Services if we believe that your conduct violates these Terms.

Service Changes and Availability. Kayman Inc reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions thereof, without prior notice. You agree that Kayman Inc will not be liable for any modification, suspension, or discontinuance of the Services, or any part thereof. While we strive to provide reliable Services, we do not guarantee that access to or use of our Services will be available at all times or be uninterrupted.

Restrictions on Use. You agree not to reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services, nor will you take any measures to interfere with or damage the Services. All rights not expressly granted by Kayman Inc in these Terms are reserved.

User Content. You are responsible for any content that you upload, post, or transmit through the Services (“User Content”). You represent and warrant that you own or have the necessary rights to use and share your User Content. Kayman Inc is not responsible or liable for any User Content.

Removal of User Content. Please note that Kayman Inc has the right, but not the obligation, to review and remove any User Content that violates these Terms, as determined by Kayman Inc in its sole discretion. By using the Services, you agree to the possible review and removal of User Content for any reason.

5. User Content and Services

Service Availability. Kayman Inc’s Services encompass a variety of features and functionalities. However, not all Services or features will always be accessible to all users, and we are not obligated to make any Services or features available in any particular jurisdiction. Except where prohibited by these Terms or applicable law, Kayman Inc reserves the right to modify the Services, or any part thereof, for any reason, without prior notification and at any time.

Content Moderation. Kayman Inc does not pre-screen content and maintains the sole discretion to reject or remove any content from any part of the Services if we determine, at our sole discretion, that the products or services that we and/or you offer through the Services, or the content uploaded or posted to the Services, violate our acceptable use policy or these Terms of Service.

Respectful Conduct. Any form of verbal or written abuse (including threats of abuse or retribution) directed towards any Kayman Inc employee, member, or officer will result in immediate account termination.

Non-Exclusivity. We reserve the right to offer our Services to your competitors and do not guarantee exclusivity. You acknowledge and agree that Kayman Inc’s employees and contractors may also be Kayman Inc customers or users and that they may compete with you, provided they do not use your Confidential Information in doing so.

Account Ownership Disputes. In the event of a dispute concerning Account ownership, we reserve the right to request documentation to ascertain or confirm Account ownership. Such documentation may include, but is not limited to, a scanned copy of your business or driver’s license, a government-issued photo ID, the last four digits of the credit card on file, or verification of your status as an employee of an entity.

Rightful Account Ownership. Kayman Inc reserves the right, in our sole discretion, to determine rightful Account ownership and transfer an Account to the rightful account holder. If we are unable to reasonably determine the rightful account holder, Kayman Inc reserves the right, without prejudice to our other rights and remedies, to temporarily suspend or disable an Account until resolution has been achieved between the disputing parties.

6. User Responsibilities

User Obligations. You acknowledge and agree that the Services are not a marketplace, nor do we promote any specific e-store and/or marketplace. Any contract of sale made through an e-store is directly between you and the end consumer. As the seller of record for all items you sell through the Services, you are responsible for the creation and operation of your e-store, account, portal, your content, the goods and services that you may sell through the Services, and all aspects of the transactions between you and your customer(s).

User Liabilities. This responsibility extends to authorizing the charge to the customer concerning the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You warrant that your portal, your content, and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations, or rights of third parties.

For the avoidance of doubt, Kayman Inc will not be the seller or merchant of record for any e-store and therefore will have no responsibility for your e-store or portal or items sold to customers. Kayman Inc, under no circumstances, shall be liable for transactions between you and the end purchaser.

Compliance with applicable law. You are solely responsible for the goods or services that you may sell through the Services, including compliance with any applicable laws or regulations. You may not use Kayman Inc Services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction, the laws applicable to you in your customer’s jurisdiction, or any international laws. You will comply with all applicable laws, rules, and regulations in your use of the Service and your performance of obligations under these Terms of Service. This compliance obligation includes refraining from using deceptive practices in order to sell products through your e-store.

7. Intellectual Property and Additional Responsibilities

Investigate User Content. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing content, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.

The following conduct is prohibited:

• Uploading any content that infringes any intellectual property or other proprietary rights of any party; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; poses or creates a privacy or security risk to any person; or is objectionable or which restricts or inhibits any other person from using or enjoying the Services.
• Interfering with or disrupting the Services or servers or networks connected to the Services, or disobeying any requirements, procedures, policies or regulations of networks connected to the Services.
• Violating any applicable local, state, national or international law, or any regulations having the force of law; or impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Harvesting or collecting email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
• Furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities; or obtaining or attempting to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

Intellectual Property Notice. All information presented to you as a result of using the services is subject to copyright, trademark, and intellectual property law.

• Commercial Use. Unless otherwise expressly authorized herein or by Kayman Inc in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. The Services are for your non-commercial, personal use only.
• Addressing Copyright Violations:
  • Kayman Inc prioritizes safeguarding the intellectual property rights of others. Should you sincerely believe that any content available on our platforms infringes your copyright, kindly send the subsequent information to Kayman Inc’s Appointed Copyright Agent at info@kayman.ca

• Fees, Payment, and Subscription.

• Fees and Subscription. By subscribing to Kayman Inc.’s services, you agree to our subscription-based model that will auto-renew monthly. You acknowledge that you will provide Kayman Inc. with information regarding your credit card or other payment instrument. You represent and warrant to Kayman Inc. that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes. You agree to pay Kayman Inc. the amount specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and these Terms of Service. For the avoidance of doubt, you authorize Kayman Inc. to automatically charge the payment method on file at the renewal of your chosen service without any additional action from you; these NON-REFUNDABLE charges will occur on a monthly basis.
  You authorize Kayman Inc. to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you.
• Recurring Subscriptions. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. If you do not agree with the price changes, you have the right to reject the change by canceling your Recurring Subscription before the price change goes into effect. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. You acknowledge that the amount charged at the beginning of the first month of your subscription may include a promotional discount and may differ from the amount charged in subsequent months. This variance may result from the expiration of the first month discount, changes in subscription fees, applicable taxes, or other factors affecting the overall cost of services.
• Payment. You are responsible for paying the fees corresponding to your subscription for Kayman Inc. Services, and any other applicable fees, such as transaction fees related to the purchase. As stated above, you must have a valid payment method on file with us to cover all incurred and recurring Fees. Kayman Inc. will charge the Fees to any payment method you authorize (“Authorized Payment Method”), and Kayman Inc. will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees are fully paid. All payments will be in Canadian currency. You may be required to sign a Credit Card Authorization Form, and if requested and signed, the terms of the Credit Card Authorization Form will govern.
• Payment Terms. As a client of Kayman Inc., you agree to comply with our payment terms. All fees for our services, including but not limited to course access, e-store construction, or otherwise any services provided will need to be paid prior to the commencement of any services.
• Prepayment Provision. Kayman Inc. operates on a prepayment basis for most, if not all, services. This means that full payment of all agreed fees is required in advance of the provision of any services. Access to our services will only be provided once we have received full payment. This allows us to effectively manage resources and schedule services in a way that ensures optimal delivery and customer satisfaction.
• Payment Failure and Account Suspension. We may attempt to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees within three (3) days of our first attempt, we may suspend and revoke access to your account and the Services, if previously provided access. Your Account will be reactivated upon payment of any outstanding Fees, plus the Fees applicable to your next billing cycle.
• Taxes. 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, excluding only Canadian (federal, provincial, or local) taxes. You are responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale on your store or your use of the Services. Please note that customers are solely responsible for any applicable taxes that may arise from their use of the e-store, and we shall not be held liable for any unpaid taxes.
• Responsibility for Sales Transactions. You are solely responsible for all aspects of the transactions between you and your customer(s). The Services are not a marketplace. Any contract of sale made through the Services is directly between you and the customer.
• NO REFUND POLICY. Please see our Terms of Purchase.
  • No Refunds. All subscription payments to Kayman Inc. are final. Once a subscription is activated, and payment is processed, it cannot be refunded. Please see our Terms of Purchase for more information.
  • Upon contract execution, our team promptly allocates resources to initiate and deliver the agreed-upon services to you. Due to the immediate allocation of resources and the nature of our business, refunds cannot be granted once the contract is in effect.
  • We strongly encourage a thorough review of the terms, services, and deliverables specified in your subscription agreement before finalizing any commitments. Should you have any questions or concerns regarding the services provided, our team will be more than happy to address them and work towards a satisfactory resolution.
  • By engaging in our services and signing the contract, you acknowledge and accept our policy of no refunds once the allocation of resources has commenced.
• Subscription Cancellation Process. You may cancel your subscription to Kayman Inc.’s services at any time. To initiate the cancellation process, please follow one of the methods below:
  • Submit a Cancellation Request. You can submit a cancellation request through the designated Discord channel.
  • SMS Notification. Send an SMS message directly to Ayman Khan’s phone number for cancellation.
  • Email Communication: Send a cancellation email to info@kayman.ca