Terms of Use

Last updated: August, 2019

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with app.walkie.pro website (the “Service”) operated by Kracker Cloud Technologies Inc. (“us”, “we”, or “our”). Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Kracker Cloud Technologies Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Kracker Cloud Services Inc. customer support.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Kracker Cloud Technologies Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Kracker Cloud Technologies Inc. to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Kracker Cloud Technologies Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Kracker Cloud Technologies Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Kracker Cloud Services Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, Kracker Cloud Technologies Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes
Kracker Cloud Technologies Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Kracker Cloud Technologies Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds
Certain refund requests for Subscriptions may be considered by Kracker Cloud Technologies Inc. on a case-by-case basis and granted in sole discretion of Kracker Cloud Technologies Inc.

Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion. You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.

Community Standards
Our Service allows users to communicate via a social network. Use of this network requires that users comply with our Community Standards. We reserve the right to suspend or remove any account if the account holder has been determined to engage in behaviour that is deemed abusive, defamatory, obscene, discriminatory, offensive or otherwise unacceptable to us at our sole discretion.

In addition users may not use the service to a) impersonate another person or entity, b) send unsolicited promotions, advertisements or spam, c) distribute malicious content, viruses, or bots, d) send content considered fraudulent, defamatory, pornographic, or constitutes harassment, hate speech or stalking.

Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property
The Service and all contents, including but not limited to text, images, graphics or code are the property of Kracker Cloud Services Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Kracker Cloud Technologies Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Kracker Cloud Technologies Inc. Kracker Cloud Technologies Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Kracker Cloud Technologies Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. If you wish to remove your user profile from the Service please contact us.

Indemnification
You agree to indemnify, defend and hold harmless Kracker Cloud Technologies Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands. These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.

Limitation Of Liability
Kracker Cloud Technologies Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer And Non-Waiver of Rights
Kracker Cloud Technologies Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary. Kracker Cloud Technologies Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. If you breach any of these Terms and Kracker Cloud Technologies Inc. chooses not to immediately act, or chooses not to act at all, Kracker Cloud Technologies Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Kracker Cloud Technologies Inc. does not waive any of its rights. Kracker Cloud Technologies Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Exclusions
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.

Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us
If you have any questions about these Terms, please contact us.

Privacy

This privacy notice discloses the privacy practices for https://app.walkie.pro. This privacy notice applies solely to information collected by this website.

Information You Provide to Us

We collect personal information, such as email address, when you register for an account on the Service. You may also provide us with additional information such as a photographs, locations, or skills. Your user name, email address and any optional profile information that you elect to associate with your account is referred to herein as your “Profile Information.”

Payments will utilize a third party payment processing company to collect payment information, including your credit card number, billing address and phone number. We will share this payment information with the third party processing company, and do not store this information.

We use your email address to send you notices and information related to your use of the Service. You are able to opt out of these emails.

Content

Your use of the Service will involve you uploading or inputting content including projects, tasks, files, text, messages, and links (together, the “Content”).

If necessary we may view your content, but only to (i) improve the Service; (ii) resolve a technical or design issue; (iii) resolve a complaint from another user; (iv) handle a legal request or subpoena

Information We Collect Automatically

Log Files

When you use the Service, our servers automatically record certain information in server logs. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type and settings, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, mobile carrier, date and time stamp information and other such information. Log files help us to monitor, analyze, improve and maintain the Service and to diagnose and fix any Service-related issues.

Device Information

When you access the Service we collect information on the type of device you are using, its operating system, and mobile network information. We use this information to improve the performance of the Service across different devices.

Location Information

The Service will ask for permission to access location information. You may turn this access off at any time. Location information is used to help users communicate with one another.

Cookies

Walkie uses technologies like cookies so that users can return to a previous state or remember login information.

Use of Information

We may share the information we collect from you with third parties as detailed below.

As Directed By You

Your Profile Information will be provided to other users of the Service according to the settings you choose in your Profile preferences. Content that you upload or or otherwise share through the Service will be distributed privately according to the preferences in your Profile Settings, or the channel, group, task or project settings where the content is shared.

With Law Enforcement

We may provide information to legal authorities in order to comply with a lawful request by public authorities, including to meet national security or law enforcement requirements.

Aggregate Information

We may disclose anonymous, aggregate information regarding user behaviour to third parties in order to improve the service, pursue the interests of our business, or establish working partnerships.

Change of Control

In the case of ownership change of the Service all information pertaining to the service and it’s users will transfer to the new owners. This information will be subject to all conditions in this policy until such time as this policy amended.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Right to Data

You have a right to your data. If you wish to download your data you can submit a request on your Account page. Deleting your Account, or deleting a Group that you manage, will delete all data associated with that group.