1. Introduction
Attend is an event management and coordination service operated by Kardoe Incorporated ("Kardoe," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Attend website at attend.vip, our applications, and our related products and services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Services.
2. Acceptance of Terms
By using the Services, you affirm that you are at least the age of majority in your jurisdiction and are fully able and competent to enter into these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms. Your use of the Services constitutes acceptance of these Terms.
3. Description of Services
Attend provides event management and coordination services, including tools for invitations, schedules, travel, messaging, documents, notifications, and event operations. We reserve the right to modify, suspend, or discontinue the Services, or any part of them, at any time with or without notice.
4. User Responsibilities and Restrictions
4.1 Account Registration
You may be required to create an account to access certain features of the Services. You agree to provide accurate, current, and complete information during registration and to keep that information accurate, current, and complete.
4.2 User Conduct
You agree not to:
- Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Services or any related software ("Software").
- Modify, translate, or create derivative works based on the Services or Software.
- Use the Services or Software for timesharing or service bureau purposes or for any purpose other than your authorized use.
- Remove any proprietary notices or labels from the Services or Software.
4.3 Compliance with Laws
You agree to use the Services only in compliance with all applicable laws, regulations, and our published policies.
5. Intellectual Property Rights
5.1 Ownership
All rights, title, and interest in and to the Services and Software, including any improvements or modifications, are owned by us or our licensors. This includes all copyrights, trademarks, patents, trade secrets, and other intellectual property rights.
5.2 License Grant
We grant you a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. This license does not include the right to copy, modify, distribute, sell, lease, sublicense, or transfer the Services or any content obtained through the Services.
5.3 User-Generated Content
You retain ownership of any content you submit, post, or display on or through the Services ("User Content"). By submitting, posting, or displaying User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that User Content in connection with providing and promoting the Services.
6. Confidentiality
6.1 Definition of Confidential Information
"Confidential Information" means non-public information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") that is designated as confidential or should reasonably be understood to be confidential.
6.2 Obligations
The Receiving Party agrees to:
- Use Confidential Information solely for the purpose of using or providing the Services.
- Protect Confidential Information with the same degree of care it uses to protect its own confidential information.
- Not disclose Confidential Information to any third party without the Disclosing Party's prior written consent.
6.3 Exceptions
Confidential Information does not include information that:
- Is or becomes publicly available without breach of these Terms.
- Was known to the Receiving Party before disclosure by the Disclosing Party.
- Is received from a third party without restriction.
- Is independently developed by the Receiving Party.
- Is required to be disclosed by law or governmental order.
7. Data Protection and Privacy
7.1 Data Processing
We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable. By using the Services, you consent to such processing and warrant that all data you provide is accurate.
7.2 Data Security
We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including, as appropriate:
- The pseudonymization and encryption of personal data.
- The ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services.
- The ability to restore the availability of and access to personal data in a timely manner following a physical or technical incident.
- A process for regularly testing, assessing, and evaluating the effectiveness of technical and organizational security measures.
8. Termination
8.1 Termination by You
You may terminate your account at any time by contacting us or through the account settings where available.
8.2 Termination by Us
We reserve the right to suspend or terminate your access to the Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users or us.
8.3 Effect of Termination
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination will survive.
8.4 Suspension of Service
We reserve the right to suspend your access to the Services, in whole or in part, without notice, if:
- You breach these Terms in a manner that poses a threat to the security or integrity of the Services or other users.
- Your use of the Services violates applicable laws or regulations.
- We are required to do so by law or by order of a regulatory authority.
We will reinstate your access only if you resolve the underlying issue to our satisfaction.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Services will meet your requirements.
- The Services will be uninterrupted, timely, secure, or error-free.
- The results obtained from use of the Services will be accurate or reliable.
10. Limitation of Liability
IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:
- YOUR USE OF OR INABILITY TO USE THE SERVICES.
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION.
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE AMOUNT YOU HAVE PAID US IN THE LAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US.
11. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA), except that either party may bring claims in small claims court if the claims qualify. Arbitration will take place in Wilmington, Delaware, unless otherwise agreed by the parties.
11.1 Class Action Waiver
You agree that proceedings to resolve or litigate a dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have a dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.
12. Miscellaneous
12.1 Entire Agreement
These Terms constitute the entire agreement between you and us regarding use of the Services and supersede any prior agreements on that subject.
12.2 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
12.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
12.4 Assignment
You may not assign any of your rights under these Terms without our prior written consent.
12.5 Notices
All notices or other communications required or permitted under these Terms must be in writing and delivered by email or through the Services.
12.6 Force Majeure
Neither party will be liable for delay or failure to perform its obligations under these Terms if that delay or failure results from circumstances beyond its reasonable control, including acts of God, labor disputes, wars, terrorist acts, fires, floods, earthquakes, or other natural disasters ("Force Majeure Event"). The affected party will promptly notify the other party and use reasonable efforts to mitigate the effects of the Force Majeure Event.
12.7 Feedback and Usage Data
If you provide feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use that Feedback for any purpose without compensation or attribution. We may collect and analyze data and other information relating to the provision, use, and performance of the Services and related systems and technologies ("Usage Data"). We may use Usage Data for any purpose, including to improve and enhance the Services, provided that we do not disclose Usage Data in a manner that identifies you or your users.
12.8 Beta Products
We may offer access to beta, preview, or other pre-release features or services ("Beta Products"). Beta Products are provided "AS IS" without warranty of any kind. We may discontinue Beta Products at any time in our sole discretion and may never make them generally available.
12.9 Export Controls
The Services may be subject to U.S. export control laws and export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, technical data acquired from us or products using that data in violation of United States export laws or regulations.
12.10 Government Rights
If you are a U.S. government entity, you acknowledge that software or documentation included in the Services are "Commercial Items" as defined at 48 C.F.R. 2.101. Use, duplication, reproduction, release, modification, disclosure, or transfer of the Services, Software, or documentation is restricted in accordance with these Terms.
12.11 Updates to Terms
We may update these Terms from time to time. If we make material changes, we will notify you by updating the date posted above and, where appropriate, by email or through the Services. Your continued use of the Services after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to revised Terms, you must stop using the Services.
13. Contact Information
If you have questions about these Terms, contact us at:
- Address: Kardoe Incorporated, 55 Water Street, Floor 3, Brooklyn, NY 11201
- Email: legal@attend.vip
- Phone: +1 646 846 4484