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 in advance on a recurring basis (monthly or annually) through our third-party payment processor. Unless otherwise stated, subscriptions renew automatically at the end of each billing period at the then-current price, until canceled. You can cancel at any time from your account or billing settings; cancellation takes effect at the end of the current billing period, and you retain paid access until then. 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.

Refunds. Except where required by law, fees are non-refundable once a billing period begins. [Refund window to confirm.]

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.