Last Updated: 05/02/2024
Introduction
Welcome to K.Commerce by KKollektiv ApS, your comprehensive inventory management solution. K.Commerce is designed to act as a central hub for all your e-commerce business needs, streamlining daily operations by seamlessly integrating with a variety of third-party tools. Our platform is tailored to enhance efficiency and simplify the management of your inventory, sales, accounting, and shipping processes.
By accessing or using K.Commerce, whether as a registered user or a guest, you agree to be bound by these Terms of Service. These terms govern your use of K.Commerce and all services provided through our platform. We encourage you to read these terms carefully and ensure that you understand them fully before using our services. If you do not agree to these terms, please refrain from using our platform.
It is our commitment to continuously improve our services to meet your business needs effectively. As such, we reserve the right to update and modify these Terms of Service from time to time. We will endeavor to notify you of any significant changes; however, it is your responsibility to review these terms periodically for any updates.
Your continued use of K.Commerce following any changes to these terms constitutes acceptance of those changes.
Definitions
"User": Refers to any individual or entity that creates an account and uses K.Commerce. This includes, but is not limited to, business owners, managers, and employees who access and manage inventory, sales, and accounting data through the platform.
"Product": Any item or service listed, managed, sold, or distributed through K.Commerce. This includes goods available on connected e-commerce platforms and any associated data or descriptions.
"Customer": An end consumer or client who purchases or interacts with Products managed through K.Commerce.
"Supplier": Refers to any third party or entity that provides Products or services to the User, which are then managed through K.Commerce.
"Integration": The process or instance of connecting K.Commerce with third-party services and platforms, including but not limited to e-commerce platforms, accounting software, and shipping solutions.
"Service": The inventory management and ERP solutions provided by K.Commerce, including all functionalities, software, platforms, and support provided as part of K.Commerce.
"Platform": The digital infrastructure and interfaces of K.Commerce, including its website, dashboard, APIs, and any online portals through which the Service is provided.
"Agreement": Refers to these Terms of Service, which constitute a binding legal agreement between the User and KKollektiv ApS.
"KKollektiv ApS": The legal entity that owns and operates K.Commerce.
User Accounts and Responsibilities
Account Creation:
To access and use certain features of K.Commerce, you must register and create an account ("User Account"). When creating your User Account, you agree to provide accurate, current, and complete information as requested. It is your responsibility to update this information as necessary to maintain its accuracy.
Account Security:
You are responsible for maintaining the confidentiality of your User Account credentials, including your username and password. K.Commerce is not liable for any loss or damage arising from your failure to protect your login information. If you suspect any unauthorized use of your User Account, please notify us immediately at support@kkollektiv.com.
User Conduct:
As a User, you agree to use K.Commerce solely for lawful purposes and in a manner consistent with these Terms of Service. You are responsible for all activities conducted under your User Account and shall abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Service.
Prohibited Activities:
You are prohibited from engaging in activities that: (i) infringe upon the rights of others, (ii) are unlawful, threatening, abusive, defamatory, invasive of privacy, or otherwise objectionable, (iii) contribute to or encourage a criminal offense, or (iv) violate the rights of any party.
Account Termination:
K.Commerce reserves the right to suspend or terminate your User Account at any time, without notice, for conduct that we believe violates these Terms of Service or is harmful to other Users, third parties, or the business interests of K.Commerce.
Use of Service
Integration with Third-Party Solutions:
K.Commerce provides Integration capabilities with various third-party solutions. Users are responsible for ensuring they have the necessary rights and permissions to connect and operate these Integrations. It is the User's obligation to comply with the terms and conditions of each third-party service provider.
General Use of the Service:
The Service is intended for typical stock and inventory management functions, and Users are expected to use it for managing Products, sales, and related business operations. Users should ensure they have the legal right to manage and sell the Products they list and handle through our platform.
Prohibition of Illegal Items:
Users are prohibited from using K.Commerce to manage, sell, or distribute any items that are illegal in their operating country. It is the User's responsibility to be aware of and comply with all local, state, national, and international laws pertaining to the sale and distribution of their Products.
User Responsibilities:
Users are responsible for maintaining the accuracy and security of their account information. This includes ensuring that contact details, payment information, and any other account-related data are kept up-to-date and secure.
Users must safeguard their account credentials and should not share them with others. Any suspected unauthorized use of a User Account must be immediately reported to K.Commerce.
It is the User's responsibility to use the Service in a professional and lawful manner. This includes refraining from any conduct that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.
Users must ensure that all content uploaded to the Service, including Product descriptions and images, complies with applicable laws and does not infringe on the rights of others.
Intellectual Property Rights
Ownership of K.Commerce:
K.Commerce, including but not limited to its software, design, text, images, and other content, is the intellectual property of KKollektiv ApS. This includes all trademarks, service marks, and trade names associated with K.Commerce. Unauthorized use, reproduction, modification, distribution, or storage of any content of K.Commerce, except as expressly permitted by these Terms, is strictly prohibited.
User-Generated Content:
Users may generate or upload content, such as product descriptions, images, and other materials, while using K.Commerce (referred to as "User-Generated Content"). By creating or uploading User-Generated Content, Users grant K.Commerce a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the Service and K.Commerce's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
Users represent and warrant that they have all the rights necessary to grant such a license to K.Commerce and that their User-Generated Content does not infringe the rights of any third party or violate any laws.
K.Commerce claims no ownership rights over User-Generated Content created by you. However, by posting, uploading, or submitting User-Generated Content, Users accept that they are responsible for such content and its compliance with all applicable laws and regulations.
Content Responsibility:
While K.Commerce may occasionally review User-Generated Content, we are under no obligation to do so. We reserve the right, at our sole discretion, to edit, refuse to publish, or remove any User-Generated Content. Users remain solely responsible for the content of their submissions.
Third-Party Services and Links
Integration with Third-Party Services:
K.Commerce integrates with various third-party services to facilitate the efficient management of your inventory, sales, and accounting data. These integrations allow for the transfer of data between K.Commerce and third-party platforms on an as-needed, on-demand basis.
Third-Party Privacy and Security Practices:
It is important for Users to understand that each third-party service integrated with K.Commerce has its own privacy and security practices. When data is transferred to or from these third-party services, the respective service’s privacy and security policies will govern that data. We encourage Users to review the privacy policies of these third-party services to understand how their data is handled.
Changes to Third-Party Service Integrations:
Our list of third-party service integrations is subject to change. We may add or remove integrations as we deem necessary to improve our service offerings. Users will be notified of any significant changes to these integrations.
Use of MessageBird for Communication:
K.Commerce uses MessageBird (https://messagebird.com/) to facilitate email and SMS communication. This third-party service assists in delivering notifications and messages essential for the operation of our services. The use of MessageBird is governed by its own terms and privacy policy, which we recommend our Users review.
Termination and Suspension of Accounts
User-Initiated Termination:
Our contracts with Users are binding for a period of one year. Users have the right to terminate their contract with a one-month notice period before the end of the contract year. To initiate termination, Users must contact us directly, providing the necessary details for us to process the termination.
Subscription Cancellation:
If a User wishes to cancel their subscription, they must contact K.Commerce to initiate the cancellation process. Please note that cancellation requests are subject to our billing policies, and Users may still be responsible for any charges incurred until the end of the notice period.
K.Commerce's Right to Terminate or Suspend:
K.Commerce reserves the right to terminate or suspend a User's account and access to the Service for reasons including, but not limited to, lack of payment or failure to comply with our Terms of Service.
Termination or suspension due to non-payment will only occur after a reasonable notice period, allowing the User an opportunity to rectify the situation.
Effects of Termination:
Upon termination of a User’s account, their right to use the Service ceases immediately, and K.Commerce may delete or deactivate the User’s account and all related information and files in the account.
Users should be aware that the termination of an account does not automatically delete or transfer data that may have been stored or processed through integrations with third-party services.
Survival of Certain Provisions:
Notwithstanding the termination or suspension of an account, certain provisions of the Terms of Service, including but not limited to intellectual property rights, indemnification, and limitations of liability, will continue to remain in effect.
Limitation of Liability and Disclaimer of Warranties
Disclaimer of Warranties:
K.Commerce is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. KKollektiv ApS expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that K.Commerce will be error-free or uninterrupted, and we make no warranty regarding the accuracy, reliability, or quality of any information or services provided through K.Commerce.
Limitation of Liability:
To the fullest extent permitted by applicable law, KKollektiv ApS shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use or inability to use K.Commerce. This limitation includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.
In no event will KKollektiv ApS’s total liability to you for all damages, losses, and causes of action exceed the amount equivalent to one month's subscription fee paid by you to KKollektiv ApS, regardless of whether the liability arises from a contract, tort, or any other legal theory, and even if KKollektiv ApS has been advised of the possibility of such damages.
Jurisdictional Considerations:
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. In such cases, KKollektiv ApS’s liability will be limited to the greatest extent permitted by applicable law.
Indemnification
The User agrees to indemnify, defend and hold harmless KKollektiv ApS from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of any third party claim due to or arising out of the User’s violation of the Agreement, including but not limited to a claim arising out of a breach of the User's representations or warranties made hereunder.
KKollektiv ApS reserves the right, at the User’s expense, to assume the exclusive defense and control of any matter for which the User is required to indemnify KKollektiv ApS, and the User agrees to cooperate with KKollektiv ApS's defense against such claims.
Amendments to Terms of Service
Right to Amend:
KKollektiv ApS reserves the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our platform. It is your responsibility to check this page periodically for changes. Your continued use of or access to the platform following the posting of any changes constitutes acceptance of those changes.
User Notification:
While we will endeavor to provide notice of significant changes to these Terms of Service, such notice is not guaranteed. The date of the latest revision will always be noted at the top of the Terms of Service document.
Governing Law and Dispute Resolution
Governing Law:
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Kingdom of Denmark.
Jurisdiction:
Any disputes or claims arising out of or in connection with the Terms of Service, including disputes relating to its validity, breach, termination, or nullity, shall be submitted to the exclusive jurisdiction of the competent courts located in Copenhagen, Kingdom of Denmark.
Contact Information
Questions and Inquiries: For any questions about the Terms of Service, please contact us at support@kkollektiv.com.