Terms and Conditions

Introduction & Acceptance

Welcome to Domo (the “Service”), operated by Kalele, Inc. (“Kalele,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms and Conditions and by our Privacy Policy. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms. If you do not agree, do not use the Service.

The Service

Domo is a domain-modeling application that lets you and your organization create, edit, and manage models and related content. We may update, improve, or change features of the Service over time.

Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Accounts are for the registered user and their organization; do not share access outside your organization without authorization. Notify us promptly of any unauthorized use. You must provide accurate registration information and keep it current.

Subscriptions, Billing & Renewal

Paid plans are billed per seat, in advance, monthly or annually, through our payments provider. Unless otherwise stated, subscriptions renew automatically at the end of each billing period at the then-current price, until canceled. Fees are exclusive of taxes, which may be added where applicable. We may change plan prices or features with advance notice; changes apply from your next billing period.

Billing months. For billing purposes, a “month” is 30 days, counted from the start of your current billing term. On an annual plan, months 1 through 11 are 30 days each, and month 12 runs to the end of the term. On a monthly plan, the month is your billing period.

Seats. A seat is charged when it is added: one month’s seat price on a monthly plan, or, on an annual plan, the annual plan’s monthly seat rate for each month left in the term, including the current month. Removing a person does not reduce the seats paid for in the current term; the freed seat can be reassigned, and your seat count is adjusted at renewal.

Changing plans. An upgrade takes effect immediately: you are credited for the unused time on your current plan and charged for the new plan over the same time, and the difference is charged at once. A downgrade takes effect at the end of your current month, and you keep your current plan until then. On an annual plan, we then refund the price difference between the two plans for each whole month left in the term. Moving from an annual to a monthly plan is treated as a cancellation of the annual plan (see below), and monthly billing begins when the annual plan ends.

Cancellation and refunds. You can cancel at any time from your billing settings.

• Monthly plans: cancellation takes effect at the end of the current billing period, and you keep paid access until then. The current period is not refunded.
• Annual plans, within the first 30 days of the term: cancellation takes effect at the end of the term, and you keep paid access until then. No refund is given.
• Annual plans, after the first 30 days: you keep paid access until the end of your current month, when the subscription ends. We then refund the amount you paid for the term, less each month used (including the current month) charged at the plan’s monthly price.
• Annual plans with nothing left to refund: late in the term, the months used at the monthly price can add up to what you paid, leaving nothing to refund. In that case you keep paid access until the end of the term, and the subscription ends then.
• Deleting your organization ends its subscription immediately. On an annual plan after the first 30 days, we refund as for a cancellation, counting the current month as used.

Part of a month is never refunded. Except as described in these Terms or required by law, fees are non-refundable. Nothing in these Terms limits any right to withdraw from a purchase, or to a refund, that applicable consumer-protection law gives you. Refunds are returned to the original payment method through our payments provider and may take several business days to appear. Our Refund Policy explains each case with examples.

Repeat purchases after a refund or chargeback. We may decline a purchase that appears to repeat an earlier purchase that was refunded or charged back, including one made with the same email address, account, or payment card. If we decline a purchase, we will tell you why, refund any payment taken for it, and give you a way to dispute the decision. We review every dispute and reply by email.

License & Proprietary Rights

Subject to these Terms and your subscription, Kalele grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. Kalele and its licensors own all intellectual-property rights in the Service, including the software, designs, logos, and documentation. You may not copy, modify, republish, reverse-engineer, resell, or create derivative works from the Service except as permitted by law or with our written permission.

Your Content

You retain ownership of the models and content you create in the Service (“Your Content”). You grant us a limited license to host, store, process, and display Your Content solely to provide and support the Service. You are responsible for Your Content and for having the rights necessary to use it in the Service. We do not claim ownership of Your Content.

Acceptable Use

The following are prohibited:

• Posting unlawful, defamatory, obscene, or infringing content.
• Copying, redistributing, reselling, or commercially exploiting the Service without authorization.
• Attempting to breach, probe, or circumvent security or access controls.
• Interfering with or disrupting the Service or other users.
• Using the Service to violate any law or the rights of others.

Privacy & Communications

Your use of the Service is subject to our Privacy Policy. By using the Service, you consent to receive electronic transactional and administrative communications from us (for example, service, security, and billing notices). These electronic communications satisfy any legal requirement that such notices be in writing.

Termination

You may stop using the Service and cancel or delete your account at any time. We may suspend or terminate access for violation of these Terms, non-payment, or where required by law. On termination, your right to use the Service ends. You may delete your account or organization to begin data erasure as described in the Privacy Policy; we encourage you to export any content you wish to keep beforehand.

Disclaimers & Limitation of Liability

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including fitness for a particular purpose and non-infringement. To the maximum extent permitted by law, Kalele will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Nothing in these Terms limits liability that cannot be limited under applicable law.

Dispute Resolution

Any dispute arising from these Terms or your use of the Service will be resolved through binding arbitration under the Federal Arbitration Act, and you agree to waive participation in class actions or class-wide arbitration.

Governing Law

These Terms are governed by the laws of the State of Arizona, USA, without regard to conflict-of-law principles, except where mandatory local law applies to you.

Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page and revise the Effective Date above. Material changes will be communicated as required, and your continued use of the Service after changes take effect constitutes acceptance.

Contact

Questions about these Terms? Contact us at info@kalele.io.