These Terms of Service (“TOS”) form a legally binding contract between New Web Kit (“we” or “us”) and you, both individually and on behalf of any entity you represent (“you”). This TOS governs your access to and use of our software services.

1. Using the Software Services:

(a) Eligibility: Access to the Services is limited to individuals who can enter into legally binding contracts under applicable law.
(b) Compliance: You must adhere to all provisions of this TOS, as well as all relevant laws, regulations, and rules when using the Services.
(c) License and Restrictions: We grant you a limited, non-exclusive license to use the content and materials available through our Services, subject to this TOS. You are forbidden from using third-party intellectual property without explicit written permission from the rights holder, except as permitted by law. New Web Kit retains all intellectual property rights not explicitly granted in this TOS. Activities such as copying, modifying, distributing, transmitting, creating derivative works, or sublicensing our content and materials are prohibited unless explicitly allowed under this TOS. Furthermore, you may not reverse engineer any technology provided through the Services.
(d) Prohibited Conduct: You are prohibited from engaging in the following activities:
– Infringing on the intellectual property or other rights of any party;
– Defaming, abusing, harassing, or stalking any individual;
– Disrupting or interfering with the security or operation of the Services, our website, or websites linked to ours;
-Using malicious software or code that could damage, interfere with, or surreptitiously intercept any data;
– Misusing or attempting to misuse another user’s account;
– Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity;
– Attempting unauthorized access to restricted areas of our website;
– Sending spam or other unsolicited communications;
– Collecting user data without consent;
– Using hidden text or metadata with New Web Kit’s trademarks or product names without permission;
– Engaging in or facilitating the sale of unauthorized goods or services;
– Interfering with another user’s enjoyment of the Services;
– Assisting others in violating these terms.
(e) Interaction with Other Users: If you observe any violations of these TOS by others, please report them to our Customer Service. While we encourage notifications, we are not obligated to respond to your report.

2. Your Content

(a) License: By uploading, storing, or transmitting any content to our service, you grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable license to use, copy, display, perform, create derivative works from, distribute, and sublicense your content in any form across all media forms currently known or later developed, globally. You irrevocably waive any claims based on moral rights or similar theories, if applicable.

(b) Objectionable Content: We do not control the user-generated content available through our Services. You are solely responsible for your interactions with other users and the content you post. We are not liable for any damages or harm resulting from your content or your interactions with other users. Although we have no obligation to monitor interactions or content, we reserve the right to take necessary action to restrict access to or the availability of any material that we or other users find to be obscene, lewd, excessively violent, harassing, or otherwise objectionable, including but not limited to content that violates this TOS.

3. Accuracy of Information

Despite our efforts to ensure that the information on our services is complete and accurate, typographical errors and inaccuracies may occur. We do not assume responsibility for these errors and reserve the right to:
– Revoke any offers made on our services due to such errors;
– Correct any errors, inaccuracies, or omissions.

4. Taxes

You are responsible for paying any sales or use taxes indicated at the time of purchase or download of our software products.

5. Fraud Prevention

We actively monitor and report suspected credit card fraud. We may require additional verification for your orders, such as telephone confirmation. We reserve the right to cancel, delay, refuse to deliver, or recall from delivery any order suspected of fraud. We record various transaction details, which may be used in fraud investigation. If any order is suspected of being fraudulent, we may share transaction records with law enforcement and credit card companies at our discretion.

6. Intellectual Property Rights

(a) Copyright: All content on our services, including design, text, graphics, logos, and software, is owned by us or our licensors. You may not use this content without our permission.
(b) Trademarks: Our name, associated logos, and other marks are our trademarks. You may not use our trademarks without our express written permission.

7. Third-Party Websites

Our services may contain links to third-party websites. We do not control, endorse, or assume responsibility for the content or practices of these sites. Interactions and transactions with third-party sites are solely between you and the third party.

8. Linking and Framing

You are prohibited from deep linking, framing, or displaying any content from our services without our express written permission.

9. Comments and Feedback

Any comments, feedback, or suggestions you provide become our exclusive property. You assign all rights to us and waive any claims such as moral rights or unfair competition. We are not obligated to keep any submissions confidential, compensate you for any submissions, or respond to your comments.

10. Indemnification

You agree to indemnify and hold harmless our service, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, liabilities, and expenses arising from:
– Your content or interactions within the service;
– Your use of the service;
– Your connection to the service;
– Your violation of these terms;
– Your infringement of any third party’s rights;
– Your failure to comply with your obligations hereunder.
If you are required to indemnify us, we reserve the right to control the defense of any claim, requiring you to reimburse us for our expenses. You may not settle any claim without our prior written consent.

11. DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS

(a) Disclaimer of Warranties: We provide our software services and any digital products “as is” and “as available” without any warranty of uninterrupted or secure operation. We do not guarantee that our services or products will be free of defects, accurate, or error-free, meet your requirements, or function with your hardware or software setup. We expressly disclaim all warranties not stated in this TOS, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
(b) Disclaimer of Forward-Looking Statements: This website may contain forward-looking statements that reflect our current expectations about future events and business development, which are subject to risks and uncertainties. Actual outcomes may significantly differ due to factors beyond our control.
(c) Health-Related Information: Any health-related information provided through our services is for informational purposes only and is not a substitute for professional medical advice. Do not use our information for diagnosing or treating medical conditions without consulting a healthcare professional. Ensure you read and understand all product instructions before use.
(d) Products: Any physical or digital products are provided with warranties only as offered by their respective manufacturers, distributors, or suppliers and included within product packaging. We disclaim all other warranties, express or implied, to the fullest extent permitted by law. We are not liable for normal wear and tear, misuse, abuse, modification, improper selection, non-compliance with codes, or misappropriation of products.
(e) Exclusion of Damages: We will not be liable for any consequential, incidental, indirect, punitive, or special damages arising from or related to your use of our services or products, including but not limited to lost profits, data loss, or loss of goodwill, even if we have been advised of the possibility of such damages.
(f) Limitation of Liability: Our total liability arising from or related to this TOS (including, without limitation, any claims involving our website or products) shall not exceed the greater of $100 or the amount you paid for the products.

12. Force Majeure

You acknowledge that we are not liable for any failure to perform our obligations, where such failure results from any cause beyond our control, including, but not limited to, acts of God, natural disasters, or governmental actions (“force majeure”). In the event of a force majeure, we are not considered to be in breach of this TOS.

13. Arbitration

Any disputes arising under or related to this TOS or your use of our services will be resolved through confidential, binding arbitration. Arbitration awards may be entered as judgments in any court with jurisdiction. Except as permitted by law, arbitration will not be conducted in a class or collective manner. We may seek injunctive or equitable relief in state or federal court to enforce this TOS or prevent an infringement of a third party’s rights, acknowledging personal jurisdiction in such courts.

14. Waiver of Class Action Rights

By agreeing to this TOS, you waive any rights to participate in class actions. All claims must be brought on an individual basis.

15. Limitation of Actions

You agree that any claim or cause of action arising from or related to your use of our services must be filed within one calendar year after such claim or cause of action arose, or be forever barred.

16. Modification of Terms of Service

We reserve the right to modify these terms at any time. Continued use of our services after such changes will constitute your consent to such changes. The latest version of these terms will always be available on this page.

17. Termination

We may terminate your access to our services if we believe you have breached this TOS. Upon termination, you will no longer be permitted to use our services, and we may cancel any pending transactions. We reserve the right to use any means necessary to prevent unauthorized access to our services post-termination. This TOS will survive indefinitely unless terminated by us.

18. Integration

This TOS constitutes the entire agreement between you and us regarding our services and supersedes all prior agreements.

19. Additional Terms

This agreement benefits each party and its successors and permitted assigns. It is governed by and construed under the laws applicable to contracts made and performed in Wyoming without regard to its conflict of laws principles. You may not assign this TOS without our prior written consent. No waiver of any terms will be deemed further or continuing waiver of such term or any other term. You are an independent contractor under this TOS. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this TOS. If any part of this TOS is held invalid or unenforceable, the remaining provisions will continue in full force and effect.