Terms of Service

1. Introduction

Please read these Terms of Service ("Terms") carefully as they govern your use of and access to KargoWatch content and services, including our websites and software applications that incorporate or link to these Terms (collectively, the "Services"). Use of the KargoWatch Services is subject to additional terms and conditions presented by KargoWatch, which are hereby incorporated by this reference into these Terms (collectively, the "Agreements"). Please refer to Section 7 below for information about those additional terms and how we may change these Terms or the additional terms incorporated by reference. To learn more about how Spotify collects, uses, shares and protects your personal data, please see our Privacy Policy.

By signing up for, or otherwise using, the KargoWatch Services, you agree to these Terms. If you do not agree to these Terms, then you must not use the Services.

Service Provider

These Terms are between you and KargoWatch Inc.

Age and eligibility requirements

In order to use the Services and access any content therein, you need to (1) be 13 years of age (or the equivalent minimum age in your home country) or older, (2) have parent or guardian consent if you are a minor in your home country, (3) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (4) reside in a country where the Services are available. You also promise that any registration information that you submit to KargoWatch is true, accurate, and complete, and you agree to keep it that way at all times. If you are a minor in your home country, your parent or guardian will need to enter into these Terms on your behalf. If you do not meet the minimum age requirements to use the Services, then you must not register as a user.

2. The Services Provided by Us

Service Options

We provide numerous Service options. Certain Service options are provided free-of-charge, while other options require payment before they can be accessed (the "Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.

Trials

From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). By using the Services via a Trial, you must agree to the applicable Subscription Terms in Appendix ‘A’ below.

Third-Party Applications, Devices and Open Source Software

The Services may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. KargoWatch does not guarantee that Third-Party Applications and Devices will be compatible with the KargoWatch Services.

Service Limitations and Modifications

We use reasonable care and skill to keep the Services operational. However, our service offerings and their availability may change from time to time and subject to applicable laws, without liability to you. For example, the Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements. We aim to evolve and improve our Services constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all or part of the Services (including particular functions, features, subscription plans and promotional offerings). Our dynamic content offering is constantly evolving and adapting to the needs of the user community. KargoWatch has no obligation to provide any specific content through the Services, and KargoWatch may remove access to particular Services and other content without notice.

If you have prepaid fees directly to KargoWatch for a Paid Subscription that we discontinue prior to the end of your Pre-Paid Period (as that term is defined in the Payments and cancellations section below), KargoWatch will refund you the prepaid fees for the Pre-Paid Period for any unused part of your then current Paid Subscription after such discontinuation. Your account and billing information must be up to date in order for us to refund you. KargoWatch has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control.

3. Your Use of the Services

Creating an account

You may need to create a KargoWatch account to use all or part of the Services, and this account must be in your country of residence. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify us immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account. KargoWatch may reclaim, or require you to change, your username at any time for any reason.

No Professional Tax or Legal Advice

You acknowledge and agree that KargoWatch does not provide legal advice, including legal or professional tax or management advice. Although KargoWatch strives to ensure that data and information contained in the Services are current, KargoWatch is dependent on third parties, such as governmental agencies, to timely provide updates that may affect such data and information. AS SUCH, YOU AGREE THAT YOU USE AND RELY UPON THE CONTENT, THE WEBSITE AND THE SERVICES AT YOUR OWN RISK AND YOU ACKNOWLEDGE THAT KARGOWATCH CANNOT GUARANTEE ANY DATA AND INFORMATION CONTAINED IN THE WEBSITE OR SERVICES IS ACCURATE OR CURRENT. In addition, due to rapidly changing tax and tariff rates and regulations that require interpretation by your qualified professionals, you bear full responsibility to determine the applicability of the output generated by the website or Services and to confirm its accuracy. You are responsible for your own tax policies and tax reporting positions, and for conducting your own due diligence. You are encouraged to conduct due diligence and seek the assistance of qualified legal counsel or accounting professionals on matters requiring professional advice.

Your rights to use the Services

Access to the Services

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to use the Services and the content therein (collectively, "Access"). You must only Access the version of the Services offered in your country of residence. This Access shall remain in effect unless and until terminated by you or KargoWatch. You agree that you will not redistribute, sell or transfer the Services. The software applications and the content are licensed, not sold or transferred to you, and KargoWatch and its licensors retain ownership of all copies of the software applications and content even after installation on your Devices.

Proprietary Rights

The Services and the content therein are the property of KargoWatch or its licensors. All KargoWatch trademarks, service marks, trade names, logos, domain names, and any other features of the Services are the sole property of KargoWatch or its licensors. These Terms do not grant you any rights to use any of the brand features whether for commercial or non-commercial use. You agree to abide by the User Guidelines in Appendix ‘B’ below and not to use the Services, or any part thereof, in any manner not expressly permitted by the Agreements.

Payments and cancellation

Paid Subscriptions

You may purchase a Paid Subscription directly from KargoWatch or through a third party either by:

paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
pre-payment giving you access to the Spotify Service for a specific time period ("Pre-Paid Period").

Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge. If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your use of the Services in addition to these Terms. If you purchase a Paid Subscription using a code, gift card, pre-paid offer, or other offer provided or sold by or on behalf of KargoWatch for access to a Paid Subscription ("Codes"), you must agree to the Card Terms in Appendix C’ below.

Price and tax changes

KargoWatch may from time to time change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes (defined above), and will communicate any price changes to you in advance on reasonable notice. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, by continuing to use the Services after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect. Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory or even city. Any change in Tax rate will be automatically applied based on the account information you provide. The price of a Paid Subscription or Trial is specific to the version of the Services offered in your country of residence and you agree not to engage in any means to Access the Paid Subscription or Trial without paying the applicable price or to frustrate any legitimate attempts to collect payment for such Access.

Billing and Cancellation

Unless otherwise indicated (for example, if you have signed up for a Prepaid Period), Paid Subscriptions continue indefinitely until cancelled. You will be billed on a recurring basis on the first day of each billing period and you will pay and you authorise us (or the applicable third party, if you sign up through a third party) to charge your payment method the then-current subscription fee. You may cancel your Paid Subscription at any time by logging into your account and following the prompts on the Account page. Unless otherwise indicated, cancellation will take effect from the end of the billing period in which you cancel. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms. If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Services.

In addition to, and notwithstanding, any other rights we may have under these Terms, we reserve the right to terminate a Paid Subscription at any time, on no less than 14 days' notice to you. Unless we inform you otherwise, we will allow you to retain access to the Paid Subscription for the remainder of the then-current billing period.

Withdrawal right

If you sign up for a Trial, you agree that the withdrawal right for the Paid Subscription for which you are receiving a Trial ends thirty (30) days after you start the Trial. If you don't cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorise KargoWatch to automatically charge you the agreed price each month until you cancel the Paid Subscription. For trials less than thirty (30) days, you expressly consent to us providing you with the paid service immediately after the end of your Trial and that from that point you lose your right of withdrawal.

If you purchase a Paid Subscription with no Trial, you expressly consent to us providing you with the service immediately following your purchase, that you lose your right of withdrawal, and authorise Spotify to charge you automatically each month until you cancel.

User Guidelines

We have established guidelines for using the Services ("User Guidelines"). In using the Services, you must comply with the User Guidelines, as well as all applicable laws, rules, and regulation, and respect the intellectual property, privacy, and other rights of third parties.

Brand Accounts

If you establish a KargoWatch account on behalf of a company, organization, entity, or brand (a "Brand Account"), the terms "you" and "your," as used throughout these Terms (including other terms and conditions incorporated by reference herein), apply to both you and the Brand. If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms (including any other applicable terms and conditions) and to bind the Brand to these Terms.

Export control and sanctions

You represent and warrant that you are (1) not located in, organized under the laws of, ordinarily resident in any country or territory subject to territorial sanctions (collectively "Sanctioned Countries"), nor you are owned or you acting on behalf of a government subject to asset-blocking sanctions or any person or entity organized, located or ordinarily resident in a Sanctioned Country; and (2) not a person identified on, or more than 50% owned or controlled, directly or indirectly, by or acting on behalf or at the direction of any entity identified on applicable government restricted party lists, such as a consolidated list of persons, groups and entities subject to financial sanctions (for example, the Specifically Designated Nationals list maintained by the US government). KargoWatch products may be subject to export control and economic sanctions laws of the European Union, the United Kingdom, or the United States. You agree to comply with all applicable Trade Control laws in your use of the Services. Specifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from KargoWatch under these Terms to any destination, entity, or person or for any end-use prohibited by the applicable Trade Control laws. KargoWatch shall not be required to act in any way that is prohibited under applicable Trade Control laws, and it shall be in the sole discretion of KargoWatch to refrain from being directly or indirectly involved in the provision of products or services that may be prohibited under applicable Trade Control laws.

4. Content and Intellectual Property Rights

User content

KargoWatch users may contribute content to the Services ("User Content"). For the avoidance of doubt, "User Content" includes all information, materials, messages or other communications, and any other content that is added, created, uploaded, submitted, distributed, or posted to the Services by users. You promise that, with respect to any User Content you contribute to KargoWatch, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by KargoWatch pursuant to the license granted below, does not: (i) violate these Terms, applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of you or your User Content by KargoWatch without the prior express written consent from KargoWatch. We may provide you with the ability to contribute User Content in different ways on the Services. In sharing User Content or other information on the Services, please keep in mind that, depending on the method of sharing, content and other information may be publicly accessible, and may be used by others on the Services and across the web, so please use caution in sharing on the Services, and be mindful of your account settings. KargoWatch is not responsible for what you share on the Services.

KargoWatch may, but has no obligation to, monitor or review User Content (whether publicly posted or privately shared). KargoWatch reserves the right to remove or disable access to any User Content for any or no reason without prior notification.

Licenses that you grant us

User Content

You retain ownership of your User Content when you share it via the Services. However, we require a limited license from you to that User Content. Accordingly, you hereby grant to KargoWatch a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Services. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, and your right to object to derogatory treatment of such User Content.

Feedback

If you provide ideas, suggestions, or other feedback in connection with your use of the Services, such Feedback is not confidential and may be used by KargoWatch without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.

Your Device.

You also grant to us the right (1) to allow the Services to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Services, and (2) to provide advertising and other information to you, and to allow our business partners to do the same, as permitted in accordance with the Privacy Policy.

Infringement claims

KargoWatch respects the rights of intellectual property owners. If you believe that any Services infringes your copyright, trademark or other intellectual property rights, please contact us.

5. Customer Support, Information, Questions and Complaints

Customer Support, Information, Questions, Complaints

For customer support queries or questions, please contact us via the appropriate Customer Support resources listed on our website.

6. Problems and Disputes

Suspending and terminating the Services

These Terms will continue to apply to you until terminated by either you or KargoWatch. KargoWatch may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Services at any time if we believe you have breached any of these Terms, if we stop providing the Services or any material component thereof on reasonable notice to you, or as we believe necessary to comply with applicable law. If you or KargoWatch terminate these Terms, or if KargoWatch suspends your access to the Services, you agree that KargoWatch shall, subject to applicable laws, have no liability or responsibility to you, and (except as expressly provided in these Terms) KargoWatch will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the Services. Certain Terms herein, either explicitly or by their nature, shall survive termination.

Warranty disclaimers

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you and nothing will affect your statutory rights.

KargoWatch will provide the Services using reasonable care and skill and in accordance with any specification of the Services provided by KargoWatch, however, subject to that, the Services are provided "as is" and "as available," without any warranties of any kind, whether express, implied, or statutory. Further, KargoWatch and all owners of the content disclaim any express, implied, and statutory warranties regarding the content, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither KargoWatch nor any owner of content warrants that the Services or content therein is free of malware or other harmful components. In addition, KargoWatch makes no representation regarding, nor does it warrant or assume any responsibility for, any third-party applications (or the content thereof), user content, devices or any product or service advertised, promoted or offered by a third party on or through the Services or any hyperlinked website, and KargoWatch is not responsible for any transactions between you and any third-party providers of the foregoing. No advice or information whether oral or in writing obtained by you from KargoWatch shall create any warranty on behalf of KargoWatch. This section applies to the fullest extent permitted by applicable law.

Limitation of Liability and Time for Filing a Claim

Subject to applicable law, you agree that your sole and exclusive remedy for any problems or dissatisfaction with the Services is to uninstall any software and to stop using the Services. You agree that KargoWatch has no obligation or liability arising from or related to third-party applications or the content thereof made available through or in connection with the Services, and while your relationship with such third-party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to KargoWatch, for any problems or dissatisfaction with any third-party applications or the content thereof, is to uninstall or stop using such third-party applications.

In no event will KargoWatch, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the Services, devices, third-party applications, or third-party application content; or (3) aggregate liability for all claims relating to the Services, third-party applications, or third-party application content more than the greater of (a) the amounts paid by you to KargoWatch during the twelve months prior to the first claim; or (b) $30.00. Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.

For clarification, these terms do not limit liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation and for any other liability that, by applicable law, may not be limited or excluded.

Except where such restriction is prohibited under applicable law, any claim arising under these terms must be commenced (by filing a demand for arbitration or filing an individual action under the arbitration agreement below) within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.

Third Party Rights

You acknowledge and agree that the owners of any third party owners of content are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and KargoWatch, and in no event shall these Terms create any third-party beneficiary rights.

Indemnification

You agree to indemnify and hold KargoWatch harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) suffered or incurred by KargoWatch arising out of or related to: (1) your breach of any of these Terms (including any additional terms and conditions incorporated herein); (2) any User Content you contribute; (3) any activity in which you engage on or through the Services; and (4) your violation of any law or the rights of a third party.

Governing Law, Mandatory Arbitration and Venue

6.1 Governing Law / Jurisdiction

Unless otherwise required by mandatory laws in your country of residence, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of Canada, without regard to choice or conflicts of law principles.

Further, you and KargoWatch agree to the jurisdiction of the courts of Canada to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them), except where under applicable mandatory laws, you can choose to bring legal proceedings in your country of residence, or we are required to only bring legal proceedings in your country of residence.

6.2 CLASS ACTION WAIVER

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND KARGOWATCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and KargoWatch agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

6.3 ARBITRATION

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 6.3. is enforceable, the following mandatory arbitration provisions apply to you:

6.3.1 Dispute resolution and arbitration

You and KargoWatch agree that any dispute, claim, or controversy between you and KargoWatch arising in connection with or relating in any way to these Agreements or to your relationship with KargoWatch as a user of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

6.3.2 Exceptions

Notwithstanding clause 6.3.1 above, you and KargoWatch both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.

6.3.3 Arbitration rules

Either you or we may start arbitration proceedings. Any arbitration between you and KargoWatch will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the "ICC") then in force (the "ICC Rules") by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC.

Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law, the law to be applied in any arbitration shall be the law of Canada, without regard to choice or conflicts of law principles.

6.3.4 Time for filing

Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

6.3.5 Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or by confirmed electronic mail. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or KargoWatch may commence an arbitration proceeding. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator's decision and award, neither you nor KargoWatch shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.

6.3.6 Modifications

In the event that KargoWatch makes any future change to this arbitration provision, you may reject any such change by sending us written notice within 30 days of the change, in which case your account with KargoWatch shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.

6.3.7 Enforceability

If the class action waiver at Section 6.2 is found to be unenforceable in arbitration or if any part of this Section 6.3 is found to be invalid or unenforceable, then the entirety of this Section 6.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 6.1 shall govern any action arising out of or related to the Agreements and you shall not be prevented from bringing proceedings at any time.

7. About these Terms

Under applicable law, you may have certain rights that can't be limited by a contract. These terms are in no way intended to restrict those rights.

Changes

We may make changes to these Terms (including any additional terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or otherwise notified you of such changes. Your use of the Services following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Services under the updated Terms, you may terminate your account by contacting us.

Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and KargoWatch, these Terms constitute all the terms and conditions agreed upon between you and KargoWatch and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions, guidelines and policies governing use of the Services are incorporated herein by reference.

Severability and Waiver

Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by KargoWatch or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive KargoWatch's or the applicable third-party beneficiary's right to do so.

Assignment

KargoWatch may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.

Appendix ‘A’

Below are the terms and conditions for Paid Subscriptions. These Paid Subscription Terms describe the types of Paid Subscriptions available, and explain how Paid Subscriptions work and the conditions attaching to your eligibility for and use of them.

PLEASE READ THESE TERMS CAREFULLY AND IN FULL. THEY CONTAIN CERTAIN CONDITIONS AND RESTRICTIONS ON THE AVAILABILITY AND USE OF PAID SUBSCRIPTIONS, ASSOCIATED ADD-ON FEATURES, TRIAL ELIGIBILITY, AS WELL AS INFORMATION ON WHAT HAPPENS AFTER YOUR PAID SUBSCRIPTION, TRIAL OR ADD-ON FEATURE COMES TO AN END.

CERTAIN PAID SUBSCRIPTIONS CONTINUE INDEFINITELY AND YOU WILL CONTINUE TO BE CHARGED THE RECURRING SUBSCRIPTION FEE AS ADVERTISED, AND AS AMENDED FROM TIME-TO-TIME, UNTIL YOU CANCEL YOUR ACCOUNT.

1. Introduction

Paid Subscriptions, as defined in the KargoWatch Terms of Service, are made available subject to the Terms of Service, which are hereby incorporated by reference.

By purchasing a Paid Subscription, you acknowledge and agree to these Paid Subscription Terms, including the Terms of Service. Capitalised terms used but not defined herein shall have the same meaning given to them in the Terms of Service. If you purchase a Paid Subscription directly through KargoWatch, we will use your payment details and any other information in accordance with our Privacy Policy. If you purchase a Paid Subscription or begin a Trial (as defined below) through a third party, you will transact directly with that third party, and your purchase and/or Trial will also be subject to that third party's terms and conditions. If you purchase a Paid subscription using a gift card, please see the Gift Card Terms and Conditions in Appendix ‘C’ below.

These Paid Subscription Terms, the Terms of Service and the Privacy Policy, along with any other terms referenced in this document, should be read carefully. To the extent these Terms conflict with the Terms of Service or Privacy Policy, these Terms shall take precedence to the extent of such conflict.

2. Paid Subscriptions

You can find descriptions of each Paid Subscription and their features on our website, and we will explain which options are available to you when you create an account. Subject to these Paid Subscription Terms, users who purchase a Paid Subscription may access that Paid Subscription for their own use from the moment they submit their payment details successfully to KargoWatch, or applicable third party, and complete the checkout process.

From time to time, we may also offer special promotional plans, content or memberships, including offerings of third party products or services in conjunction with or through the Services. We are not responsible for the products or services provided by such third parties. We reserve the right to modify the features and content we provide as part of our Paid Subscriptions from time to time and for any reason. We may withdraw or suspend a Paid Subscription, in whole or in part, at any time and for any reason. After such time, KargoWatch shall not be obligated to maintain or permit any further access to such Paid Subscription(s).

3. Payment; Cancellation

Unless otherwise indicated (for example, if you have signed up for a Prepaid Period (as defined in the Terms of Use)), Paid Subscriptions continue indefinitely until cancelled. You will be billed on a recurring basis on the first day of each billing period and you will pay and you authorise us (or the applicable third party, if you sign up through a third party) to charge your payment method the then-current subscription fee.

You may cancel your Paid Subscription at any time by logging into your account and following the prompts on the Account page. Unless otherwise indicated, cancellation will take effect from the end of the billing period in which you cancel.

If you have subscribed to a Paid Subscription that includes an initial trial period, please read section 4.3 below for information on the impact cancellation during the Trial Period. Your ability to continue to access the Paid Subscription after cancellation during a Trial Period will depend if your trial is a zero-priced trial or involves any cost to you.

4. Free and discounted trials

From time to time, we or others on our behalf, may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (each a "Trial"). Each Trial is made available in connection with a particular Paid Subscription and, in each case, this section on Trials supplements and incorporates by reference the additional terms and conditions for that corresponding Paid Subscription. In case of any conflict with the additional terms and conditions for a Paid Subscription, then this section 4 shall take precedence. Each Trial is made available subject to how it is advertised, and subject to the rules on eligibility, availability, and duration and cancellation set out below. Unless otherwise advertised, Trials do not permit or provide access to any third party products or services.

For some Trials, we'll require you to provide your payment details to start the Trial (which will be stored and processed in accordance with our Privacy Policy). By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a monthly recurring basis or other interval that we will disclose to you in advance, unless you cancel beforehand. Each Trial provides access to the Paid Subscription advertised:

A. at the price advertised (if any); and

B. for an initial introductory period as further described in section 4.3 below, beginning from the moment that you confirm your purchase of the Trial, by completing the checkout process (the "Trial Period").

4.1. Trial eligibility.

In order to be eligible for a Trial, users must satisfy all of the following conditions (each an "Eligible User"):

A. Unless you are subscribing to a Trial that is advertised as available to past subscribers, you must be a new subscriber to any and all Paid Subscriptions and not have subscribed to, or accepted a trial of, a Paid Subscription at any time in the past.

B. Unless otherwise advertised, you must provide KargoWatch with a valid and current payment method.

C. Unless otherwise advertised, you must provide the payment method above directly to KargoWatch and not through a third party.

D. Additional eligibility requirements (if any) as advertised from time-to-time in connection with a Trial.

4.2 Trial availability.

KargoWatch will determine your eligibility for a Trial acting reasonably, based on information available to KargoWatch. A Trial must be accepted before the applicable offer expiration date advertised, if any. To the extent permitted by applicable law, KargoWatch reserves the right to modify, suspend or terminate a Trial at any time and for any reason by notice to you and with no liability, in which case we will not honour subsequent enrollments for that Trial.

4.3 Trial duration and cancellation.

In the case of any Trial, the corresponding Trial Period shall continue for the period as advertised, subject to section 4.2, above.

Unless cancelled before the end of the Trial Period, or such Trial is in conjunction with a Prepaid Period, you will automatically become a subscriber to the particular Paid Subscription that you chose to sign up to under the Trial and the payment method you provided will automatically be charged the then-current recurring price on the first day following the end of the Trial on a monthly recurring basis or other interval that we disclose to you in advance (any time-capped features of that Paid Subscription will be reduced by the length of the Trial Period). IF YOU DO NOT WANT TO PAY THIS CHARGE, YOU MUST CANCEL BEFORE THE END OF THE TRIAL BY EITHER A) FOLLOWING THE STEPS DESCRIBED ON OUR WEBSITE, OR B) IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE THIRD PARTY.

If you have subscribed to a Paid Subscription that offers an initial trial period at no cost to you (a "Free Trial"), if you cancel a Free Trial during the Trial Period, you will lose access to the Paid Subscription service immediately.

If you have subscribed to a Paid Subscription that offers an initial trial period at any cost to you (a "Paid Trial"), unless otherwise stated, if you cancel a Paid Trial during the Trial Period, you will lose access to the Paid Subscription service immediately.

5. Add-on features

From time to time, KargoWatch may make certain add-on services available to Paid Subscription users. The add-on services will have their own terms of use which will apply. We will take reasonable steps to bring these terms to your attention. Certain add-on features may have additional eligibility and payment conditions.

Appendix ‘B’

Below are the KargoWatch User Guidelines which apply when using our websites, applications and services that reference these User Guidelines (the "Services"), including accessing any type of material or content made available through those Services. We may update these User Guidelines from time to time.

Violating the User Guidelines may result in removal of any content or material you have contributed to the Services and/or termination or suspension of your account. You cannot use our Services if we have previously terminated your account. We prohibit all attempts to circumvent prior enforcement actions, including through the creation of new accounts.

The following is not permitted for any reason whatsoever in relation to the Services and the material or content made available through the Services, or any part thereof:

reverse-engineering, decompiling, disassembling, modifying, or creating derivative works, except where such restriction is expressly prohibited by applicable law. If applicable law allows you to decompile any part of the Services where required in order to obtain the information necessary to create an independent program that can be operated with the Services or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of the Services;
copying, reproducing, redistributing, "ripping," recording, transferring, performing, framing, linking to or displaying to the public, broadcasting, or making available to the public, or any other use which is not expressly permitted under the Agreements or applicable law, or which otherwise infringes our intellectual property rights;
importing or copying any local files that you do not have the legal right to import or copy in this way;
"crawling" or "scraping", whether manually or by automated means, or otherwise using any automated means (including bots, scrapers, and spiders), to view, access or collect information, or using any part of the Services to train a machine learning or AI model or otherwise ingesting our Services content into a machine learning or AI model;
selling, renting, sublicensing, leasing or other monetization except as expressly permitted under the Agreements;
selling a user account, or otherwise accepting or offering to accept any compensation, financial or otherwise, to sell a user account;
circumventing any technology used by KargoWatch, its licensors, or any third party, including any territorial or other content access restrictions applied by KargoWatch or its licensors;
circumventing or blocking advertisements or creating or distributing tools designed to block advertisements;
removing or altering any copyright, trademark, or other intellectual property notices (including for the purpose of disguising or changing any indications of ownership or source);
deleting or altering any part of the Services except as expressly permitted under the Agreements or, in the case of content made available by another user, with such user's express consent; or
providing your password to any other person or using any other person's username and password.

Please respect KargoWatch, the owners of the Services, and other users of the Services. Do not engage in any activity which is or includes material that:

is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, publicity rights, or proprietary rights of KargoWatch or a third party;
includes your password or purposely includes any other user's password or purposely includes personal data of third parties or is intended to solicit such personal data;
exposes confidential or proprietary information of a third party or personal information about yourself that is not intended to be broadcast to people around the world;
includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user's access to the Services;
impersonates or misrepresents your affiliation with KargoWatch (including, for instance, by using our copyrighted content, using the KargoWatch logo without permission, or otherwise using KargoWatch trademarks in a confusing manner), another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
unauthorized commercial or sales activities, such as advertising, promotions, contests, sweepstakes, gambling, bookmaking, or pyramid schemes;
unauthorized linking to, referencing, or otherwise promoting commercial products or services, except as expressly authorized by KargoWatch;
interferes with or in any way disrupts the Services, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Services or KargoWatch's computer systems, network, usage rules, or any of our security components, authentication measures or any other protection measures applicable to the Services or any part thereof;
conflicts with the KargoWatch Terms of Service or any other terms or policies applicable to your use of any of the Services; or
has been removed from any of our Services for a breach of our terms or policies.

Appendix ‘C’

Below are the KargoWatch terms and conditions applicable to KargoWatch gift cards, eGift cards, and similar promotional codes (each a “Gift Card”).

By using a KargoWatch Gift Card, you accept the following:

The KargoWatch Terms of Service form part of these Gift Card Terms. The KargoWatch Terms of Service may include terms and conditions in respect of the collection and use of personal data, general provisions regarding the services offered by KargoWatch, choice of law, mandatory arbitration (where applicable) and venue.
A Gift Card is redeemable for stated subscriptions only and cannot be redeemed for any other discounted products or services.
A Gift Card cannot be redeemed for cash or credit, and cannot be returned or resold (except where required by law).
In order to redeem the Gift Card, you must register for a KargoWatch account in the country where the Gift Card was obtained. In order to use or register for an account, you must comply with the requirements set out in the KargoWatch Terms of Service.
Gift Cards are single-use. The full face-value is deducted upon redemption and no incremental redemption or credits are permitted.
KargoWatch, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, and licensors are not responsible for any loss or damage resulting from lost, stolen, or fraudulently obtained Gift Cards or their unauthorized use.
In the event of any inconsistency or conflict between these Gift Card Terms and any terms and conditions provided with any Gift Card, these Gift Card Terms shall prevail.
For assistance and questions regarding Gift Cards, please contact us.