These are the General Terms and Conditions of Kairox Base Labs LLC, with registered office at 30 N Gould St Ste R, Sheridan, WY 82801, United States.
This website provides corporate information about Kairox Base Labs LLC and its activities. Access to and purchases of individual products are governed by the terms, pricing, cancellation and refund policies published on each product’s website or checkout.
Article 1 General
- These general terms and conditions govern every offer and agreement between Kairox Base Labs and its customers (the ‘Customer’) for the products and services offered by Kairox Base Labs, unless the parties have expressly agreed otherwise in writing.
- These general terms and conditions replace any earlier version and apply to all offers and agreements entered into between Kairox Base Labs and the Customer.
- These general terms and conditions also apply to the Customer’s employees and managers acting on its behalf.
- Any situation between the parties that is not covered by these general terms and conditions shall be assessed in line with their spirit.
Article 2 Products and offers
- Products may be offered through subscriptions, one-time purchases or software licenses. Each product’s features, pricing, access requirements, license scope and duration are described on its website or checkout before purchase.
- Prices shown for our products exclude sales taxes, other statutory charges and any additional costs that may arise in connection with the agreement, unless stated otherwise.
Article 3 Contract duration and access
- The agreement runs for the period stated in it, such as the subscription period, unless the nature of the agreement implies otherwise or the parties expressly agree otherwise in writing.
- Access to a purchased product is provided upon purchase or as described at checkout. Launch dates, new features or updates announced in advance are only indicative and may change, without prejudice to the Customer’s rights under applicable law and the product’s terms.
- Kairox Base Labs may engage third parties to carry out certain tasks.
Article 4 Suspension and termination
- Kairox Base Labs may suspend or terminate the Customer’s access to a product if the Customer seriously breaches these terms or the product’s terms and does not remedy the breach within a reasonable period after being notified. In cases of fraud, misuse, illegal activity or risks to the security of the product or other users, Kairox Base Labs may suspend or terminate access immediately.
- Failure to pay one or more invoices by their due date is always considered a serious failure and, in the case of a subscription, may lead to the cancellation of that subscription.
- If the agreement is terminated, the Customer shall pay for all products and services already provided by Kairox Base Labs, as well as the costs Kairox Base Labs incurs as a result of the termination.
- Each party shall nevertheless give the other a reasonable period to remedy any shortcoming and shall first try to reach an amicable solution.
- Subscription renewal, cancellation and access after cancellation are governed by the terms disclosed for each product before purchase. Unless those terms state otherwise, subscriptions can be cancelled at any time before the end of the current period and, if not cancelled, renew automatically. Any suspension or termination of access is subject to those terms and applicable law.
- When an agreement is renewed, Kairox Base Labs may set new conditions for the new period. Kairox Base Labs shall inform the Customer of them.
Article 5 Force majeure
- Kairox Base Labs cannot be held liable for any failure to perform the agreement that is caused by force majeure.
- In these general terms and conditions, force majeure means any external circumstance, foreseeable or not, over which Kairox Base Labs has no control and which prevents Kairox Base Labs from meeting its obligations.
- This includes failures by third parties or by the Customer to comply with the agreement.
- Kairox Base Labs may suspend its obligations under the agreement for as long as the force majeure lasts. If this period exceeds two months, either party may dissolve the agreement without owing any compensation to the other.
Article 6 Payment
- Payment methods, billing frequency, applicable taxes and refund conditions are disclosed on each product’s website or checkout. Where a Merchant of Record acts as the seller, its identity and applicable purchase terms will be shown at checkout. Nothing in these terms limits mandatory consumer rights.
- All invoices must be paid by their due date using the payment methods offered by Kairox Base Labs or by the platform through which the purchase is made.
- Any dispute about an invoice must be notified to Kairox Base Labs in writing within 7 working days of the invoice being sent. A dispute does not delay or suspend payment.
- If a payment fails or is not made when due, access to the relevant product may be suspended or cancelled in accordance with that product’s terms.
Article 7 Retention of title
- Everything supplied by Kairox Base Labs under the agreement remains the property of Kairox Base Labs until the Customer has fully met all its obligations under the agreement(s) entered into with Kairox Base Labs.
- Items that fall under retention of title in accordance with point 1 may not be resold or used as a means of payment.
Article 8 Liability
- If Kairox Base Labs is liable, its liability is limited to what is set out in this article.
- Kairox Base Labs is not liable for any damage, of any kind, resulting from Kairox Base Labs relying on incorrect or incomplete information provided by or on behalf of the Customer.
- Kairox Base Labs cannot be held liable for damage of any kind suffered by third parties as a result of the Customer’s use, lawful or otherwise, of its products or services.
- Kairox Base Labs cannot be held liable for damage caused by the Customer or by third parties, such as hosting providers, app stores, payment providers or other platforms.
- Kairox Base Labs is not liable for any indirect or consequential damage, or for any loss of income, that the Customer may suffer in connection with the products and services supplied during the agreement.
- If Kairox Base Labs is found liable for any damage, its liability is limited to the total value of the agreement concerned.
- Kairox Base Labs is only liable for direct damage or gross negligence in the performance of the agreement.
- Kairox Base Labs does not guarantee any result, success or profit and cannot be held liable if results are not achieved, as these depend heavily on external factors, online and offline, outside Kairox Base Labs’s control, such as actions of the Customer or of third parties like app stores, search engines and other platforms.
Article 9 Intellectual property
- ‘Intellectual property’ means all intellectual, industrial and other property rights, whether registered or not, including but not limited to copyright, related rights, trademarks, trade names, logos, drawings, designs and applications to register them, patents and patent applications, domain names, know-how, and rights to databases and computer programs.
- Rights in each product’s software, branding and related materials belong to their respective owners or licensors. Purchasing a subscription or license grants the usage rights described in the product-specific terms, but does not transfer ownership of the underlying software. Rights relating to content uploaded or generated by users are addressed in each product’s terms.
Article 10 Applicable law – competent court
- All legal relationships to which Kairox Base Labs is a party are governed exclusively by the laws of the State of Wyoming and of the United States of America, even if an obligation is performed wholly or partly abroad or if the other party resides in another country.
- The parties shall only bring a dispute before the court once they have exhausted all possibilities of resolving it between themselves.