Terms of Service
OVERVIEW
KONEC SOLUTIONS PTY LTD operates the “Konec Arks” App and the “Konec Home” App. Throughout the App, the terms “we”, “us”, “our” and “Konec Australia” refer to Konec Solutions Pty Ltd and its related companies. By using the app, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the app. Please read these Terms of Service carefully before accessing or using the App. By registering an account and accessing or using the App, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access or use the App or any of the services.
SECTION 1 – USAGE TERMS
To facilitate the use of this App, you need to register an account and provide relevant personal information. You:warrant that you are at least 18 years of age or the age of majority in your jurisdiction, and are legally capable of entering into a binding agreement; warrant that all the registration information you submit is correct and accurate;warrant that you are using this App for legal purposes;are responsible for keeping your account and login information secure;are responsible for all actions performed under your account;are responsible for the use of the device (especially camera-related functions); and are responsible for ensuring that your use of device (including camera-related functions) complies with applicable local laws and regulations.You must promptly inform us of any (suspected) unauthorised use or behaviour which may violate laws.
SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make no warranties or representations regarding the information on the App and will not be responsible if such information is not accurate, complete, or current. We do not guarantee, represent, or warrant that your use of our service or the App will be successful, uninterrupted or timely due to network issues or the state of your device. We reserve the right to modify the contents of this App at any time via software upgrade, but we have no obligation to update any personal information on the App. You agree that it is your responsibility to monitor changes.
SECTION 3 - THIRD-PARTY LINKS
Our App may integrate third party services (including via SDKs/APIs, OpenAI). The third party services are governed by their own terms and we are not responsible or liable for any third-party materials or websites, or for any other materials, products, or services of third parties.Any output from the AI chat bot is automatically generated and we take no responsibility for the automated output including its error or inaccuracy. Any advice (e.g. energy advice) provided by any third party is for reference only and should not be relied on.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 4 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you provide any information, feedbacks, or other data or materials through the App or by interacting with our AI chat bot or otherwise (collectively, 'Data'), you: must ensure that any Data you provide is accurate and correct; warrant that such Data does not infringe any applicable laws or any rights of any third party; agree that we may process such Data for the purposes of providing Services or improving the App functionality; and (a)agree that we are under no obligation to maintain the confidentiality of any user-submitted Data (including logs) or retain them for any specific period , except to the extent that such Data constitutes personal information governed by our Privacy Policy.We take no responsibility and assume no liability for any Data provided by you or any third-party via the App. We reserve the right to take legal action against you for any loss or damages resulting from the breach of these terms of use.
SECTION 5 - PERSONAL INFORMATION
Your submission of personal information through our App is governed by our Privacy Policy. To view our Privacy Policy, see our Privacy Policy.
SECTION 6 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from:
(a) using the App for any unlawful purpose;
(b) misusing the device control function eg. maliciously operating devices; (c) using the App in violation of any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the App;
(e) accessing or attempting to gain control over other person’s accounts or devices;
(f) using the App for any obscene or immoral purpose including generating unlawful, fraudulent, or harmful content; or
(g) interfering with or circumventing the features of the App, devices or any related systems (including network attacks or abnormal requests). We reserve the right to terminate your use of the Service or App for violating any of the prohibited uses.
SECTION 7 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly agree that your use of, or inability to use, the App is at your sole risk. The service and all products and services delivered to you through the App are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, to the maximum extent permitted by law.
To the maximum extent permitted by law, in no case shall Konec Australia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation loss of profits, loss of revenue, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our App or service, or for any other claim related in any way to your use of our App or service, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the App or any content (or product) posted, transmitted, or otherwise made available via the App including the output from AI chat bot.
SECTION 8 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Konec Australia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party (including your use of camera features of the devices).
SECTION 9 - SEVERABILITY
If any provisions of these Terms of Service are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 10 - TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us (via email or through the App) that you no longer wish to use our products or services, or when you cease using the App or you cancel the account registered in the App. If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement by giving you reasonable written notice, except where the breach is serious (including conduct that poses a risk to safety or security), in which case we may terminate immediately without notice. Upon termination, your access to our Services or the App (or any part thereof) will accordingly be denied. You shall cease the use of our App and any related device services upon termination or deletion.
SECTION 11 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this App or in respect to the service constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 12 - GOVERNING LAW
These Terms of Service, and any separate agreements whereby we provide services, shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
SECTION 13 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the App. We will endeavour to provide reasonable prior notice of any material changes. It is your responsibility to check our website and the App periodically for changes. Your continued use of or access to our App or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 14 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@konec.com.au.
Terms of Service
OVERVIEW
KONEC SOLUTIONS PTY LTD operates the “Konec Arks” App and the “Konec Home” App. Throughout the App, the terms “we”, “us”, “our” and “Konec Australia” refer to Konec Solutions Pty Ltd and its related companies. By using the app, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the app. Please read these Terms of Service carefully before accessing or using the App. By registering an account and accessing or using the App, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access or use the App or any of the services.
SECTION 1 – USAGE TERMS
To facilitate the use of this App, you need to register an account and provide relevant personal information. You:warrant that you are at least 18 years of age or the age of majority in your jurisdiction, and are legally capable of entering into a binding agreement; warrant that all the registration information you submit is correct and accurate;warrant that you are using this App for legal purposes;are responsible for keeping your account and login information secure;are responsible for all actions performed under your account;are responsible for the use of the device (especially camera-related functions); and are responsible for ensuring that your use of device (including camera-related functions) complies with applicable local laws and regulations.You must promptly inform us of any (suspected) unauthorised use or behaviour which may violate laws.
SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make no warranties or representations regarding the information on the App and will not be responsible if such information is not accurate, complete, or current. We do not guarantee, represent, or warrant that your use of our service or the App will be successful, uninterrupted or timely due to network issues or the state of your device. We reserve the right to modify the contents of this App at any time via software upgrade, but we have no obligation to update any personal information on the App. You agree that it is your responsibility to monitor changes.
SECTION 3 - THIRD-PARTY LINKS
Our App may integrate third party services (including via SDKs/APIs, OpenAI). The third party services are governed by their own terms and we are not responsible or liable for any third-party materials or websites, or for any other materials, products, or services of third parties.Any output from the AI chat bot is automatically generated and we take no responsibility for the automated output including its error or inaccuracy. Any advice (e.g. energy advice) provided by any third party is for reference only and should not be relied on.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 4 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you provide any information, feedbacks, or other data or materials through the App or by interacting with our AI chat bot or otherwise (collectively, 'Data'), you: must ensure that any Data you provide is accurate and correct; warrant that such Data does not infringe any applicable laws or any rights of any third party; agree that we may process such Data for the purposes of providing Services or improving the App functionality; and (a)agree that we are under no obligation to maintain the confidentiality of any user-submitted Data (including logs) or retain them for any specific period , except to the extent that such Data constitutes personal information governed by our Privacy Policy.We take no responsibility and assume no liability for any Data provided by you or any third-party via the App. We reserve the right to take legal action against you for any loss or damages resulting from the breach of these terms of use.
SECTION 5 - PERSONAL INFORMATION
Your submission of personal information through our App is governed by our Privacy Policy. To view our Privacy Policy, see our Privacy Policy.
SECTION 6 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from:
(a) using the App for any unlawful purpose;
(b) misusing the device control function eg. maliciously operating devices; (c) using the App in violation of any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the App;
(e) accessing or attempting to gain control over other person’s accounts or devices;
(f) using the App for any obscene or immoral purpose including generating unlawful, fraudulent, or harmful content; or
(g) interfering with or circumventing the features of the App, devices or any related systems (including network attacks or abnormal requests). We reserve the right to terminate your use of the Service or App for violating any of the prohibited uses.
SECTION 7 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly agree that your use of, or inability to use, the App is at your sole risk. The service and all products and services delivered to you through the App are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, to the maximum extent permitted by law.
To the maximum extent permitted by law, in no case shall Konec Australia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation loss of profits, loss of revenue, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our App or service, or for any other claim related in any way to your use of our App or service, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the App or any content (or product) posted, transmitted, or otherwise made available via the App including the output from AI chat bot.
SECTION 8 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Konec Australia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party (including your use of camera features of the devices).
SECTION 9 - SEVERABILITY
If any provisions of these Terms of Service are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 10 - TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us (via email or through the App) that you no longer wish to use our products or services, or when you cease using the App or you cancel the account registered in the App. If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement by giving you reasonable written notice, except where the breach is serious (including conduct that poses a risk to safety or security), in which case we may terminate immediately without notice. Upon termination, your access to our Services or the App (or any part thereof) will accordingly be denied. You shall cease the use of our App and any related device services upon termination or deletion.
SECTION 11 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this App or in respect to the service constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 12 - GOVERNING LAW
These Terms of Service, and any separate agreements whereby we provide services, shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
SECTION 13 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the App. We will endeavour to provide reasonable prior notice of any material changes. It is your responsibility to check our website and the App periodically for changes. Your continued use of or access to our App or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 14 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@konec.com.au.
Terms of Service
OVERVIEW
KONEC SOLUTIONS PTY LTD operates the “Konec Arks” App and the “Konec Home” App. Throughout the App, the terms “we”, “us”, “our” and “Konec Australia” refer to Konec Solutions Pty Ltd and its related companies. By using the app, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the app. Please read these Terms of Service carefully before accessing or using the App. By registering an account and accessing or using the App, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access or use the App or any of the services.
SECTION 1 – USAGE TERMS
To facilitate the use of this App, you need to register an account and provide relevant personal information. You:warrant that you are at least 18 years of age or the age of majority in your jurisdiction, and are legally capable of entering into a binding agreement; warrant that all the registration information you submit is correct and accurate;warrant that you are using this App for legal purposes;are responsible for keeping your account and login information secure;are responsible for all actions performed under your account;are responsible for the use of the device (especially camera-related functions); and are responsible for ensuring that your use of device (including camera-related functions) complies with applicable local laws and regulations.You must promptly inform us of any (suspected) unauthorised use or behaviour which may violate laws.
SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We make no warranties or representations regarding the information on the App and will not be responsible if such information is not accurate, complete, or current. We do not guarantee, represent, or warrant that your use of our service or the App will be successful, uninterrupted or timely due to network issues or the state of your device. We reserve the right to modify the contents of this App at any time via software upgrade, but we have no obligation to update any personal information on the App. You agree that it is your responsibility to monitor changes.
SECTION 3 - THIRD-PARTY LINKS
Our App may integrate third party services (including via SDKs/APIs, OpenAI). The third party services are governed by their own terms and we are not responsible or liable for any third-party materials or websites, or for any other materials, products, or services of third parties.Any output from the AI chat bot is automatically generated and we take no responsibility for the automated output including its error or inaccuracy. Any advice (e.g. energy advice) provided by any third party is for reference only and should not be relied on.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 4 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you provide any information, feedbacks, or other data or materials through the App or by interacting with our AI chat bot or otherwise (collectively, 'Data'), you: must ensure that any Data you provide is accurate and correct; warrant that such Data does not infringe any applicable laws or any rights of any third party; agree that we may process such Data for the purposes of providing Services or improving the App functionality; and (a)agree that we are under no obligation to maintain the confidentiality of any user-submitted Data (including logs) or retain them for any specific period , except to the extent that such Data constitutes personal information governed by our Privacy Policy.We take no responsibility and assume no liability for any Data provided by you or any third-party via the App. We reserve the right to take legal action against you for any loss or damages resulting from the breach of these terms of use.
SECTION 5 - PERSONAL INFORMATION
Your submission of personal information through our App is governed by our Privacy Policy. To view our Privacy Policy, see our Privacy Policy.
SECTION 6 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from:
(a) using the App for any unlawful purpose;
(b) misusing the device control function eg. maliciously operating devices; (c) using the App in violation of any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the App;
(e) accessing or attempting to gain control over other person’s accounts or devices;
(f) using the App for any obscene or immoral purpose including generating unlawful, fraudulent, or harmful content; or
(g) interfering with or circumventing the features of the App, devices or any related systems (including network attacks or abnormal requests). We reserve the right to terminate your use of the Service or App for violating any of the prohibited uses.
SECTION 7 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly agree that your use of, or inability to use, the App is at your sole risk. The service and all products and services delivered to you through the App are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, to the maximum extent permitted by law.
To the maximum extent permitted by law, in no case shall Konec Australia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation loss of profits, loss of revenue, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our App or service, or for any other claim related in any way to your use of our App or service, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the App or any content (or product) posted, transmitted, or otherwise made available via the App including the output from AI chat bot.
SECTION 8 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Konec Australia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party (including your use of camera features of the devices).
SECTION 9 - SEVERABILITY
If any provisions of these Terms of Service are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 10 - TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us (via email or through the App) that you no longer wish to use our products or services, or when you cease using the App or you cancel the account registered in the App. If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement by giving you reasonable written notice, except where the breach is serious (including conduct that poses a risk to safety or security), in which case we may terminate immediately without notice. Upon termination, your access to our Services or the App (or any part thereof) will accordingly be denied. You shall cease the use of our App and any related device services upon termination or deletion.
SECTION 11 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this App or in respect to the service constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 12 - GOVERNING LAW
These Terms of Service, and any separate agreements whereby we provide services, shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.
SECTION 13 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the App. We will endeavour to provide reasonable prior notice of any material changes. It is your responsibility to check our website and the App periodically for changes. Your continued use of or access to our App or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 14 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@konec.com.au.