Kyrt provides no guarantees and the user accepts the application in the condition in which it is made available (“as is”) and without any explicit or implicit, legal, regulatory or other guarantee concerning its condition, quality, performance or suitability for the intended use. In particular, Kyrt provides no guarantee concerning the suitability of the application for a specific use, or the correctness, accuracy, reliability or prevalence of the application; or concerning the financial profitability of or the technical possibilities for the user when using the application, or concerning the installation, use and/or removal of the application.
The user shall bear the risk of use of the application. Kyrt is not obliged to compensate any damage which may arise directly or indirectly from (use of) the application. If the liability of Kyrt is indeed established, the liability of Kyrt shall be limited to direct and tangible damage, excluding among others loss of profit, loss of turnover, loss of income, restriction of production, administrative or personnel costs and/or claims of third parties. In each case, the liability of Ledgishall be limited to the cover limit of the liability insurance after deduction of any costs incurred.
Kyrt can never be held liable for force majeure, any accident caused by the user , shortcomings of the user such as incorrect use or improper handling or for a deed of the client or a third party. The user alone is liable for the specific use to which he puts the application and/or the purposes for which the user uses it.
The user agrees to indemnify and hold harmless Kyrt and its subsidiaries, affiliates, officers, agents, co-branders, customers, suppliers or other partners, and employees, from any loss, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the use of the application by the user, its connection to the application, or its violation of the above.
All products or services provided by Kyrt in general, and in particular the application (including all brands, logos, designs, plans, data, product and/or company names, texts, images, software and suchlike linked to it) are or may be protected by intellectual rights (inter alia copyright and trademark right) which belong to Kyrt or to third parties which have permitted Kyrt to use them.
The User is therefore not entitled, for any reason at all, to change, copy, distribute, send, disseminate, re-offer, reproduce, publish, give under licence, transfer or sell any information or content which was obtained from Kyrt, or to create derivative works from the aforesaid elements.
The supply of products or services by Kyrt does not constitute any transfer or provision of its intellectual rights. Any breach of the intellectual rights of Kyrt or third parties may result in prosecution under civil or criminal law in accordance with the applicable legislation.
All information which Kyrt collects or may collect through use of the application or all information which the application collects or can collect, whether automatically or not, due to use of the application are and shall remain the exclusive property of Kyrt. This information is required for the operation and support of the application, and the products and goods offered by Kyrt. Kyrt reserves the right to use this information for improving the products and services of Kyrt, for communication purposes, account management, marketing and fraud prevention.
The user undertakes to respect the secret and confidential nature of the application and all possible information received by the user in the context of the use of the application. The user shall not divulge such information, or pass it on to third parties or use it for purposes other than the use of the application. Without prejudice to the general nature of the previous provision, among others, the application, all of the data and information forming its basis, and the know-how and the intellectual property of Kyrt are to be regarded as confidential information.
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