Last Updated: January 31, 2022
Welcome to Krado! Krado’s proprietary plant care system combines state-of-the-art soil sensors with an intuitive platform that guides our customers in caring for the health of their plants. At this time, this is a subscription-based service and customers can register for through our website.
These Terms of Service (“Terms”) govern your use of our website, located at www.krado.co/legal, and our mobile application (together or individually, the “Service”). These Terms are an agreement between you and Krado, Inc. (“Krado”). By using the Service, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree with these Terms, then you may not use the Service. These Terms apply to all visitors, users, customers, and others who wish to access or use the Service (collectively, “Users”). Please read these Terms carefully. They affect your legal rights and obligations.
Eligibility. The Service is intended solely for Users who are sixteen (16) years of age or older. Any registration, use, or access to the Service by any unauthorized User or anyone under sixteen (16) years of age is strictly prohibited and in violation of these Subscription Terms. By accessing the Service, you represent that you are: (i) at least sixteen (16) years old; (ii) of legal age to form a binding contract; (iii)authorized to create an Account; and (iv) not a person barred from using theService under the laws of the United States, your place of residence, or any other applicable jurisdiction. You may access and use the Service only if you can form a binding contract with Krado, and only in compliance with these Terms and all applicable local, state, national, and foreign laws, rules, and regulations.
Accessing and Downloading the Service from an App Provider. This subsection applies to any form of the Service accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the Service may now orin the future be made available (each form of the Service, a “Mobile Service”and each platform, an “App Provider”).
You acknowledge and agree that the availability of the MobileService is dependent on the App Provider. You acknowledge that these Terms are between you and Krado and not with an App Provider. Each App Provider may have its own terms and conditions to which you must agree before downloading mobile applications from it. You agree to comply with, and your license to use the MobileService is conditioned upon your compliance with, such App Provider’s terms and conditions. To the extent such other terms and conditions from such App Provider are less restrictive than, or otherwise conflict with, these Terms, the more restrictive or conflicting terms and conditions in these Terms apply. Krado will not charge you any additional fees for you to receive and download the MobileService; however, your wireless service provider may charge a fee for air-time or data usage associated therewith. Check with your wireless carrier if you have questions about your wireless plan.
Modifications to the Service. Krado reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that Krado will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
Some portions of the Service are only available to those who purchase subscriptions to our comprehensive plant care system, which includes access to our plant database, our plant care platform, and our proprietary soil sensors(collectively, our “Products”) through this website (“Subscribers”).Subscribers are subject to our Terms of Sale www.krado.co/legal/terms-of-sale in addition to these Terms of Service.
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
Additionally, you agree not to:
These Terms are effective for as long as you use or access the Service.
Content. The term “Content” refers to (a)all of the software and code comprising or used to operate the Service, and (b)all of the text, content, data, analysis, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available through the Service.
Reliance on Information Posted. The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its Contents. The Service may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Krado, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Krado. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Krado Content. As between you and Krado, Krado shall own and retain all right, title, and interest in and to the Service and to anyContent made available by Krado through the Service (collectively, the “Krado Content”). You agree not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy (including capturing screenshots),alter, modify, or create derivative works of the Krado Content or otherwise use the Krado Content in any way that violates the use restrictions contained in these Terms. Krado does not grant you any license, express or implied, to the Krado Content or the intellectual property of Krado’s licensors.
Logos and Designs. Krado’s graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Krado in the U.S. and/or other countries. Krado’s trademarks and trade dress may not be used, including aspart of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without Krado’s prior written permission.
Your Feedback. The Feedback will be and remain our exclusive property. By submitting Feedback, you assign to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display, or perform publicly, distribute, improve, and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in anyway. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
PLEASE READ THIS SECTION CAREFULLY, AS IT LIMITS THE LIABILITY OF KRADO TO YOU. YOUR USE OF SERVICE IS AT YOUR OWN RISK.
Disclaimers. THE CONTENT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KRADO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. KRADO MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KRADO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, THE SERVICE, OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE. KRADO DOES NOT WARRANT THE RESULTS OF USE OF THE SERVICE, AND USERS OF THE SERVICE ASSUME ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. USERS OF THE SERVICE SHOULD NOTE THAT IN USING THE SERVICE, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURES WHICH ARE NOT UNDER KRADO’S CONTROL (SUCH AS THIRD-PARTY SERVERS AND THE INTERNET). KRADO MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KRADO OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FORALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF SERVICE, KRADO DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICE, NOR DOES KRADO MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. KRADO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE.
Indemnity. You agree to defend, indemnify, and hold Krado, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of these Terms of Service, including without limitation any breach of any representations or warranties herein, any infringement by you of Krado’s intellectual property rights, and any claim by a third party that the User Content or infringes such third party’s intellectual property rights.
Krado will defend, indemnify and hold you harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees), resulting from any claim, suit, action or proceeding alleging that the Service or any portion thereof infringes any patent, copyright or other intellectual property, proprietary, or other right of any third party. This is your sole and exclusive remedy with respect to any claim of infringement in connection with the Service.
Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT REMAINS WITH YOU. IN NO EVENT WILL KRADO OR ITS EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE OR CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL KRADO’S AGGREGATE LIABILITY ARISING OUT OFOR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE SERVICE EXCEED THE LOWER OF (A) THE AMOUNTS YOU HAVE PAID TO KRADO FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KRADO AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You verify that any contact information provided to Krado, including, but not limited to, your e-mail address, mobile phone number and mailing address (if required) is true and accurate. By providing us with your email address, you agree to receive notices electronically, to that email address. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Krado. You acknowledge that by voluntarily providing your telephone numbers to Krado, you expressly agree to be contacted at the telephone numbers you provide. You consent to receive e-mails, chat messages, pre-recorded voice messages and/or autodialed calls(including text messages) by or on behalf of Krado relating to the Service, any transaction with Krado, matters related to your User Account, and promotions from Krado. These communications may be made by or on behalf of Krado, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these texts or calls by your telephone carrier and that Krado will not be responsible for these charges. Krado will use your primary login credentials (email address and/or mobile phone number, depending on your chosen registration method) to send you operational communications concerning your User Account, updates concerning new and existing features on the Service, notifications about product updates and improvements, company and industry news and events, updates from our community, regarding and administering programs that you or Krado have enrolled in, and communications connecting you with other Users, if applicable.
Entire Agreement. These Terms and, to the extent applicable to you, Krado’s Terms of Sale www.krado.co/legal/terms-of-sale, constitute the entire integrated agreement between you and Krado regarding the Service. These Terms supersede any prior agreements, negotiations, or understandings between you and Krado.
Governing Law. These Terms shall be governed by and construed according to the laws of the State of Utah without reference to its conflicts of law rules.
Waiver and Severability. No waiver of by Krado of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Krado to assert a right or provision under theseTerms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Contact. You can contact us at firstname.lastname@example.org.