1.1. Disqav is a web platform that offers users the ability to create and manage a functional online presence in the form of a website. As detailed below, Disqav offers users numerous tools and features for creating, publishing, and use of stunning websites, online e-commerce platforms, newsletters, galleries, media players, and other online and mobile applications, tools, and services. The online, and mobile websites, functionalities, and platforms created by Users are collectively referred to herein as “User Platform(s)”.
1.2. The Disqav platform is duly owned and managed by Konectify Technologies Limited a company duly registered in the Republic of Kenya.
2.1. These Terms of Service ("Terms") cover your use of and access to the sites, templates, products, applications, tools, services and features (collectively, the "Services") provided by Disqav (as defined below), including without limitation during free trials, on the websites and associated domains of www.disqav.com www.web.disqav.com and on Disqav’s web, mobile and other applications.
2.2. These Terms constitute a binding and enforceable legal contract between Konectify Technologies Limited (hereinafter referred to as the company) as the legal owner of the Disqav platform. and its affiliated companies and subsidiaries and you in relation to the use of any Disqav Services - so please read them carefully.
2.3. You may visit and/or use the Disqav Services only if you fully agree to these Terms - and by using and/or registering to any of the Disqav Services, you signify and affirm your informed consent to these Terms of Use and any other Terms applicable to your use of any Disqav Services. If you do not read, or fully understand or if you do not agree to these Terms, you must immediately leave the Disqav Website and avoid or discontinue all use of the Disqav Services.
3.1. In order to access and use the Disqav Services, you must first register and create an account with Disqav (User Account).
3.2. Creation of a User Account or purchase of Paid subscription, can be done directly on the Disqav website (www.disqav.com)
4.1. You can invite others to your User Account.
4.2. An individual granted permission to perform activities on a User Account, such person does not own is referred to herein as an “Admin”
4.3. If anyone other than yourself (including an “Admin”) accesses your User Account and/or any of your User Platforms’ settings, they may also (and if done by an Admin, depending on the roles and permissions you assign them), perform actions available to you (unless as specifically stated otherwise on the Disqav Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name as the owner of the User Account, whether or not specifically authorized by you.
4.4. We therefore recommend:
4.4.1 keep the log-in credentials of your User Account confidential.
4.4.2 allow access to your User Account, only to people you trust
4.4.3 Provide your own or your company’s accurate contact and billing information when signing up including valid e-mail addresses and phone number
4.5. If you are an Admin, you are required to register and create a User Account of your own in order to access the User Account under which you are an Admin. Therefore these Terms of Use apply to Admins as well.
5.1. For each User Account, Disqav will consider the owner of such User Account to be the person or entity whose email address is listed in Disqav’s records as the owner of the User Account under which the User Platform was created.
5.2. In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such a determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without Disqav having any liability to you or to any other party. We may request documentation (e.g., government-issued ID, a business license) that may assist us in determining ownership.
5.3. If you created your User Account directly on the Disqav website (www.disqav.com), we may consider the principles set forth below to determine ownership.
5.3.1. Disqav will consider the person or entity who has access to the e-mail address (listed in Disqav’s records for a User Account under which such User Platform or User Content was created) as the owner of a User Account, User Platform, and/or User Content created and/or uploaded to the relevant Disqav Service.
5.3.2. If any Paid Services were purchased via a User Account, Disqav may consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, as the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”).
5.4. Notwithstanding the foregoing, Disqav shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in the event Disqav deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by the sole discretion of Disqav.
6.2. As the account owner you warrant that:
6.2. you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Disqav Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Disqav Terms;
6.3. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
6.4. you understand that Disqav does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
7.1. you confirm you own all rights in and to any content uploaded, developed or provided by you, or imported, connected, copied or uploaded by Disqav Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, algorithms, SPIs, APIs, databases, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, connect, develop, publish, transfer or license such User Content, by you and us or any of our affiliates;
7.2. the Content published by you is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Disqav.
7.3. you have obtained all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
8.1. fully comply with all applicable laws and any other contractual terms which govern your use of the Disqav Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
8.2. be solely responsible and liable with respect to any of the uses of the Disqav Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, storing, collecting, importing, exporting, uploading, copying, using or publishing such User Content on or with respect to the Disqav Services);
8.3. Regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications features, services, and/or Third Party Services used, connected, presented or developed by you;.
8.4. Receive from time to time promotional messages and materials from Disqav or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please notify us at any time;
8.5. Disqav’s sole discretion as to the means, manner, and method for performing the Disqav Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
8.6. Disqav shall have the right to offer the Disqav Services in alternative price plans and impose different restrictions for the upload, storage, download and use of the Disqav Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, the volume of download time, number of subscribers to your Content, the volume of storage, etc.
8.7. You undertake not to:
8.7.1 copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Disqav Website, the Disqav Services (or any part thereof), any Content offered by Disqav or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Disqav’s prior written and specific consent and/or as expressly permitted under these Terms;
8.7.2 use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
8.7.3 phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
8.7.4 publish and/or make any use of the Disqav Services or Licensed Content on any website, media, network or system other than those provided by Disqav, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Disqav Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Disqav, in advance and in writing;
8.7.5 act in a manner which might be perceived as damaging to Disqav’s reputation and goodwill or which may bring Disqav into disrepute or harm;
8.7.6 purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Disqav or Disqav Marks and/or variations and misspellings thereof;
8.7.7 reverse look-up, trace, or seek to trace another User of Disqav Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Disqav Services and/or User Platform without their express and informed consent;
8.7.8 disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Disqav Services, User Platform, the account of another User(s), or any other systems or networks connected to the Disqav Services, by hacking, password mining, or other illegitimate or prohibited means;
8.7.9 probe, scan, or test the vulnerability of the Disqav Services or any network connected to the Disqav Services;
8.7.10 take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Disqav Services or Disqav’s systems or networks connected to the Disqav Services, or otherwise interfere with or disrupt the operation of any of the Disqav Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
9.1 As between Disqav and you, you shall own all intellectual property pertaining to your User Content and to any other materials created, developed, or connected to Disqav Services by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text and literary works. Disqav does not claim ownership rights on your User Content or the content you connected to the Disqav Services. You know and agree that in order to provide the Services to you and to maintain and improve the Services (the “Purpose”) we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to train our software tools (e.g. artificial intelligence and machine learning models), to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use your User Content for the Purpose.
9.2. All rights, title and interest in and to the Disqav Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Disqav Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Disqav.
9.3. Subject to your full compliance with the Disqav Terms and timely payment of all applicable Fees, Disqav hereby grants you, upon creating your User Account and for as long as Disqav wishes to provide you with the Disqav Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Disqav Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Disqav Terms, and solely within the Disqav Services.
9.4. The Disqav Terms do not convey any right or interest in or to Disqav’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Disqav Terms constitutes an assignment or waiver of Disqav’s Intellectual Property rights under any law.
10.1. Certain parts of the Disqav Services (including certain Third Party Services available therein, as further explained in Section 10 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Disqav Services, Disqav and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Disqav Services and/or User Platforms.
11.1. The use of certain Disqav Services may be subject to payment of particular fees, as determined by Disqav in its sole discretion (“Paid Services” and “Fee(s)”, respectively).
11.2. By entering into these Terms of Use and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.
11.4. Notwithstanding anything to the contrary in the foregoing, you are, and shall be, solely responsible to verify and ensure the successful renewal of the Disqav Services you use (whether or not such Disqav Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Disqav Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Disqav Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Disqav in relation to the discontinuation of any Disqav Services or Third Party Services, for whatever reason.
12.1. You may discontinue to use and request to cancel your User Account and/or any Disqav Services at any time, in accordance with the instructions available on the Disqav Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Disqav Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
12.2. Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge, the cancellation request should be made - if purchased directly from Disqav, at least fourteen (14) days prior to the expiration of the then-current service period.
13.1. Failure to comply with any of the Disqav Terms and/or to pay any due Fee shall entitle Disqav, among other things, to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Disqav Services (e.g., Paid Services) or Third Party Services to you.
14.1. To the fullest extent permitted by law in each applicable jurisdiction, Disqav, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from
14.1.1. errors, mistakes, or inaccuracies of or in any content;
14.1.2. any personal injury or property damage related to your use of the Disqav Services;
14.1.3. any interruption or cessation of transmission to or from the Disqav Services;
14.1.4. the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Disqav Services;
14.1.5. events beyond the reasonable control of Disqav, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or
15.1. Disqav reserves the right to change, suspend or terminate any of the Disqav Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Disqav Services (including removal of any materials created by you in connection with the Disqav Services) for any reason and/or change any of the Disqav Terms with or without prior notice - at any time and in any manner.
15.2. You agree that Disqav will not be liable to you or to any third party for any modification, suspension or discontinuance of those Disqav Services (or materials, content or services created, developed or connected by you in connection with the Disqav Services).
16.1. You expressly acknowledge and agree that Disqav shall have the right to enforce these Terms of Use against you.
16.2. The Disqav Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Disqav Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Disqav Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the republic of Kenya, without respect to its conflict of laws principles.
17.1. We may provide you with notices in any of the following methods: (1) via the Disqav Services, including by a banner or pop-up within the Disqav Website, User Account, or elsewhere; (2) by an e-mail, sent to the e-mail address you provided us; (3) if you are a Reseller User then via your Reseller; and/or (4) through any other means, including any phone number or physical address you provided us. Disqav’s notice to you or to your Reseller will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.
18.1. The Disqav Terms, and your use of the Disqav Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Disqav and you.
19.1. These Terms of Use, together with the Disqav Terms and any other legal or fee notices provided to you by Disqav, shall constitute the entire agreement between you and Disqav concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Disqav and you, including those made by or between any of our respective representatives, with respect to any of the Disqav Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Disqav in entering into any of the Disqav Terms.
20.1. If any provision of the Disqav Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.
21.1. Any heading, caption or section title contained herein, and any explanation or summary under the right “#ItsThatEasy” column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.