Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by Kynesis Consulting ("we," "our," or "us"), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

These Terms of Service apply to all users of our services, including without limitation users who are browsers, customers, merchants, and/or contributors of content. By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these terms.

Please read these terms carefully before accessing or using our services. If you are accepting these terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms.

2. Service Usage Terms

Our services are provided for your personal and/or business use, subject to the following conditions:

Access and Use

• You may access and use our services only for lawful purposes and in accordance with these Terms of Service.
• You agree not to use our services in any way that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of our services.
• You agree not to attempt to gain unauthorized access to any part of our services, other accounts, computer systems, or networks connected to our servers.

Account Creation and Security

• Some portions of our services may require you to create an account. You are responsible for maintaining the confidentiality of your account information, including your password.
• You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
• You are solely responsible for all activities that occur under your account.

Service Availability

We reserve the right to modify, suspend, or discontinue our services (or any part thereof) at any time, with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the service.

3. User Responsibilities

When using our services, you agree to:

• Provide accurate, current, and complete information when creating an account or submitting any information through our services.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Be solely responsible for all content that you upload, post, email, transmit, or otherwise make available through our services.
• Not use our services to transmit or store any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Not interfere with or disrupt our services or servers or networks connected to our services.
• Not attempt to gain unauthorized access to our services, user accounts, computer systems, or networks.
• Not engage in any activity that would constitute a criminal offense or give rise to civil liability.
• Comply with all applicable local, state, national, and international laws and regulations.

We reserve the right to remove any content that violates these terms or is otherwise objectionable, in our sole discretion, without prior notice.

4. Intellectual Property Rights

Our services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Kynesis Consulting, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our Intellectual Property

These Terms of Service permit you to use our services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of our services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

Your Intellectual Property

By submitting, posting, or displaying content on or through our services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute such content in connection with providing our services. This license continues even if you stop using our services, solely to the extent necessary for us to provide our services.

5. Limitation of Liability

To the fullest extent permitted by applicable law, Kynesis Consulting and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use our services;
• Any conduct or content of any third party on our services;
• Any content obtained from our services; and
• Unauthorized access, use, or alteration of your transmissions or content,

whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer of Warranties

Our services are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

6. Dispute Resolution

In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms of Service or the breach thereof, the parties shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

Arbitration

If the parties do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the London Court of International Arbitration in accordance with its rules.

Restrictions

The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law:

• No arbitration shall be joined with any other proceeding;
• There is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
• There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

7. Termination Policies

We may terminate or suspend your account and bar access to our services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms of Service.

Termination by You

You may terminate these Terms of Service by discontinuing use of our services and closing your account, if applicable. If you wish to terminate your account, you may simply discontinue using our services or contact us for assistance.

Effect of Termination

Upon termination, your right to use our services will immediately cease. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our services.

We encourage you to periodically review these Terms of Service to stay informed of any updates or changes. The "Last Updated" date at the top of these Terms of Service will indicate when the latest modifications were made.

9. 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 United Kingdom, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights. If any provision of these Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Service will remain in effect.

These Terms of Service constitute the entire agreement between us regarding our services and supersede and replace any prior agreements we might have had between us regarding the services.

10. Contact Information

If you have any questions about these Terms of Service, please contact us at: