Kayla Terms and Conditions of Use

  1. What this agreement is about

    1. If you are a user of Kayla, this agreement describes your access to, and how you may use our Service.
    2. If you have purchased a subscription, this agreement describes the terms of your subscription and your rights to cancellation.
    3. This agreement is made up of these Terms & Conditions and our Privacy Policy which can be found https://getkayla.com/privacy_policy.
    4. In this agreement
      1. 'Kayla' means both the application platform (Platform), along with any updates or supplements to it; and the service you connect to via the Platform and the content we provide to you through it (Service).

  2. Who this agreement is between

    1. This agreement is between you, the business registering an account on Kayla; and us, Creative Hold Limited a company registered established in Scotland. Our company registration number is SC593875.
    2. By entering in to this agreement, we both agree to be bound by and keep to it.
    3. By entering in to this agreement, we assume that you are a business and that you agree to accept the rights as a business and not an individual.

  3. Accepting this agreement and when it starts

    1. In registering an account on Kayla, you indicate your acceptance of every term and condition of this agreement, and acknowledge that the agreement will commence immediately when you click a button, tick a box (or something similar), to register your account.
    2. The agreement start date is the earliest date you registered an account on Kayla.
    3. On registering an account and accepting this agreement, we license you to use the Kayla Service in accordance with this agreement. You must not use Kayla is any other way.

  4. Your privacy

    1. We only use any personal data we collect through your use of the Platform and the Services in the ways set out in our privacy policy https://getkayla.com/privacy_policy.
    2. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Platform or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

  5. Your obligations

    1. You must not share you login details with anyone else and must exercise good security practices when using the Platform (such as not writing down passwords and changing your password regularly).
    2. We are giving you personally the right to use the Platform and the Service as described in this agreement. You must not transfer or in any other way make your account, the Platform or the Service, available, in whole or in part to someone else, whether for money, for anything else or for free.
    3. You must not transfer your rights or your obligations under this agreement to another person. You are solely responsible for all actions taken by your account.
    4. You must not use multiple accounts for the purpose of abusing any special offers. Including, for example, trial subscription periods, discount codes & journalist accounts.
    5. You must use Kayla in a responsible manner and not in any way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
    6. You must not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform or any Service
    7. You must comply with all applicable laws and legislation in respect of your use of Kayla and not use the Platform or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this agreement.
    8. You must ensure that the content of any files does not, and will not, result in any injury, damage or harm to us or any third party (including, without limitation, defamation or breach of confidentiality) and the content does not contain anything which is unlawful, obscene, indecent or immoral or promotes illegal or unlawful activities.
    9. You must not use Kayla fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform, any Service, any related networks, or any operating system.
    10. You must comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform or any Service.
    11. You must not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
    12. You must not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform or the Services nor attempt to do any such things.
    13. You must not infringe our intellectual property rights or those of any third party in relation to your use of the Platform or any Service, including by the submission of any material.
    14. You acknowledge that any files you upload to a project will be made available to the project owner and their team.

  6. Our responsibilities

    1. We will use commercially reasonable efforts to make Kayla available, except for (i) planned downtime, (ii) urgent updates and (iii) any unavailability caused by an event outside Kayla’s reasonable control including, for example, fire, flood, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, labour or trade dispute, non-performance by suppliers or subcontractors or interruption or failure of utility service, network or internet service providers.
    2. We will be responsible for the performance of our personnel (including our employees and contractors) and their compliance with our obligations under this agreement, except as otherwise specified within this agreement.
    3. We are not responsible for any links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
    4. We are not responsible for the content of any messages, comments or files from other users of Kayla.

  7. Your right to close your account

    1. By closing your account with Kayla, this agreement will also terminate. However, please be aware you are still responsible for your actions during the period your account was active. You can close your account from within your account settings.
    2. For legal purposes, once closed, we will retain your details until all projects you have interacted with are closed, or 12 months has elapsed (whichever is the longer period).
    3. On closing your account, any comments or files you have uploaded to any project will remain with the project.
    4. On closing your account, you will be removed from all projects you are involved with.
    5. If you have a subscription
      1. Your subscription will be closed and, provided you closed your account more than 48 hours prior to the the next payment date, no more payments will be taken.
      2. No refund will be given for any unused portion of your current payment period.
      3. You may transfer the ownership of any projects you own to another account at any time. However, once your subscription is cancelled, any remaining projects you own, including their data, messages and files, will be irretrievably deleted.

  8. Our right to close your account

    1. We may, at our sole discretion, close your account and end your rights to the Kayla Platform and Service at any time if you have broken this agreement.
    2. We may, at our sole discretion, close your account and end your rights to the Kayla Platform and Service at any time if you bring the Kayla Platform or Service into disrepute.

  9. Your subscription

    1. The price for your subscription will be the price indicated on the payment page when you placed your order. Alternatively, payment plans will be available on your account page.
    2. Our acceptance of your order for services will take place when you apply for a subscription and either your free trial period commences or your first payment is received.
    3. You can change your subscription at any time to increase or reduce your storage limit.
      1. When increasing the storage limit, we will charge you a pro-rata fee for the remainder of the current period, then the full fee thereafter.
      2. When reducing the storage limit, the change is immediate.
      3. You cannot reduce your storage limit below that which you are already using.
    4. You can cancel your subscription at any time from within your account settings.
      1. You subscription will be cancelled immediately and all projects you own will be deleted and all their data, messages & files will be irretrievably deleted.
      2. No refund is given for any unused period.
    5. We can suspend our services if your storage use exceeds the storage limit for your subscription.
    6. We can cancel your subscription at any time.
      1. We may cancel your subscription if you have failed to make the payment on time.
      2. We may cancel your subscription if the amount of storage used frequently or consistently exceeds your subscription storage limit.
      3. No refund will be given for any unused portion of your current payment period.
      4. All the projects you own, including their data, messages and files, will be irretrievably deleted.
    7. Cancelling or Reducing your subscription must be made at least 48 hours before your next payment is due. Otherwise a further payment at the existing rate may be processed.
    8. When cancelling or reducing your subscription, no refund will be given for any unused period.
    9. From time to time we may change the subscription fee for the provided services by giving you at least 28 days notice of any change by sending you an email with details of the change or notifying you of a change when you next log into the Platform.

  10. Intellectual property rights

    1. All intellectual property rights in the Platform, the documentation and the Services throughout the world belong to us and the rights in the Platform and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, Kayla, the Platform, the documentation or the Services other than the right to use them in accordance with this agreement. We have no intellectual property rights in any contract created by you or others that you upload to or download from the site.

  11. Limitations, Liabilities & Warranties

    1. Kayla, the Platform and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Platform or the Service. Although we make reasonable efforts to update the information provided by the Platform and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
    3. If you use the Platform for any commercial, business or resale purpose we will have no liability to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, loss of profit, loss of business, business interruption, or loss of business opportunity, even if Kayla has been advised of the possibility of such damages.
    4. We will not be liable for damage caused by any corrupted file uploaded or downloaded from our site. We do not offer any antivirus scanning for documents downloaded from our site.
    5. Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for services under such contract for the month in which the loss occurs.
    6. The Platform and the Services have not been developed to meet your individual requirements and you should check that Kayla meets your requirements. Except as expressly provided elsewhere within this agreement, we make no warranty of any kind, whether express, implied, statutory or otherwise, and specifically disclaim all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law.

  12. Support & Communication

    1. If you want to learn more about Kayla, the Platform or the Service or have any problems using them please take a look at our support resources at https://getkayla.com/faqs.
    2. If you think the Platform or the Services are faulty or misdescribed or wish to contact us for any other reason please use our contact us page https://getkayla.com/contact_us.
    3. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

  13. Other important terms

    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
    2. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    3. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
    5. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
    6. The terms in this agreement are governed by Scots law and you can bring legal proceedings in respect of them in the Scottish courts.
    7. From time to time we may automatically update Kayla to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
    8. We may write to you to let you know that we are going to stop providing the service. We will let you know at least 30 days in advance of our stopping the supply of the service.

  14. Changes to this agreement

    1. We will give you at least 28 days notice of any change by sending you an email with details of the change or notifying you of a change when you next log into the Platform.
    2. If you choose not to accept the notified changes you will not be permitted to continue to use Kayla.

Kayla Terms and Conditions of Use

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY CLICKING ON THE TICK BOX YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS DO NOT, CLICK ON THE TICK BOX.

Who we are and what this agreement does

We Creative Hold Ltd, company number SC593875 license you to use:

  • Kayla Platform and the data supplied with it (Platform) and any updates or supplements to it.
  • The related electronic documentation (Documentation).
  • The service you connect to via the Platform and the content we provide to you through it (Service).
as permitted in these terms.

Your privacy

We only use any personal data we collect through your use of the Platform and the Services in the ways set out in our privacy policy https://getkayla.com/privacy_policy.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Platform or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Support for the Platform and how to tell us about problems

Support. If you want to learn more about the Platform or the Service or have any problems using them please take a look at our support resources at https://getkayla.com/faqs.

Contacting us (including with complaints). If you think the Platform or the Services are faulty or misdescribed or wish to contact us for any other reason use the email listed on our website.

How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

How you may and may not use the Platform

In return for your agreeing to comply with these terms you may:

  • use any Documentation to support your permitted use of the Platform and the Service.
  • stream a copy of the Platform onto any device and view, use and display the Platform and the Service on such devices for your personal purposes only.
  • You must not share you login details with anyone else and must exercise good security practices when using the Platform (such as not writing down passwords and changing your password regularly).
  • You are responsible for all actions taken on the account you create on the Platform
  • You must not use the platform to resell our Services to a third party

You may not transfer the Platform to someone else

We are giving you personally the right to use the Platform and the Service as set out above you may not otherwise transfer the Platform or the Service to someone else, whether for money, for anything else or for free. You must not share your login details with others.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 30 days notice of any change by sending you an email with details of the change or notifying you of a change when you next log into the Platform.

If you do not accept the notified changes you will not be permitted to continue to use the Platform and the Service .

Update to the Platform and changes to the Service

From time to time we may automatically update the Platform and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

We may collect technical data about your device

By using the Platform or any of the Services, you agree to us collecting and using technical information about the devices you use the Platform on and related software, hardware and peripherals to improve our products and to provide any Services to you.

We are not responsible for other websites you link to

The Platform or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

Licence restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the Platform or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the Platform, Documentation or Services, except as part of the normal use of the Platform or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform, Documentation or Services nor permit the Platform or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform or the Services nor attempt to do any such things.
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform or any Service.

Acceptable use restrictions

You must:

  • not use the Platform or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform, any Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the Platform or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform or any Service;
  • not use the Platform or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual property rights

All intellectual property rights in the Platform, the Documentation and the Services throughout the world belong to us and the rights in the Platform and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Platform, the Documentation or the Services other than the right to use them in accordance with these terms. We have no intellectual property rights in any contract created by you or others that you upload to or download from the sited.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. We will not provide virus scanning and are not liable for any virus contained in downloaded documents.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are not liable for business losses. If you use the Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the Platform and the Services. The Platform and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Platform or the Service. Although we make reasonable efforts to update the information provided by the Platform and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the Platform. We recommend that you back up all content and data uploaded to the Platform, to protect yourself in case of problems with the Platform or the Service.

Check that the Platform and the Services are suitable for you. The Platform and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Platform and the Services meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the Platform or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

We may end your rights to use the Platform and the Services if you break these terms

We may end your rights to use the Platform and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the Platform and Services you must stop all activities authorised by these terms, including your use of the Platform and any Services.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You may not consent to transfer your rights to someone else

You cannot transfer your rights or your obligations under these terms to another person they would be required to create a new account.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws Apply to this contract and where you may bring legal proceedings

These terms are governed by Scots law and you can bring legal proceedings in respect of them in the Scottish courts.

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