KyoSync II Terms and Conditions

Last updated January 31, 2024

AGREEMENT TO OUR LEGAL TERMS

We are Kyo Logic LLC, doing business as Kyo Logic (“Company,” “we,” “us,” “our”), a company registered in Connecticut, United States at 196 Cross Hwy, Westport, CT 06880.

We own and operate the application KyoSync II (“App” or “The App”).

You can contact us by phone at 203-221-3033, email at kyosync@kyologic.com, or by mail to 196 Cross Hwy, Westport, CT 06880, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Kyo Logic LLC, concerning your access to and use of KyoSync II. You agree that by accessing KyoSync II, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING KyoSync II AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on this page from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of KyoSync II after the date such revised Legal Terms are posted. We recommend that you print a copy of these Legal Terms for your records.

We recommend that you print a copy of these Legal Terms for your records.

ABOUT KYOSYNC II

KyoSync II is a Claris FileMaker database tool that syncs data between your server-hosted Claris FileMaker database and remotely hosted Claris FileMaker databases. For KyoSync II to operate correctly, you must follow the instructions included in the purchased download package. For KyoSync II to operate, you must host the database on your Claris FileMaker Server or Claris FileMaker Cloud Server.

KYO LOGIC LLC STANDARD TERMS AND CONDITIONS

This Terms and Conditions Agreement is in addition to the Kyo Logic LLC Standard Terms and Conditions posted here: https://kyologic.com/terms-and-conditions. All terms and conditions included in the Kyo Logic LLC Standard Terms and Conditions apply to this agreement. However, if any terms between those included within this Agreement and Kyo Logic LLC’s standard Terms and Conditions are in conflict, the terms within this Agreement shall supersede those within the standard Terms and Conditions. All terms included within either this Agreement or the standard Terms and Conditions not in conflict with each other shall remain in full force and effect.

We recommend that you read the Kyo Logic LLC Standard Terms and Conditions fully and print a copy of these Legal Terms for your records.

CLARIS FILEMAKER TERMS AND CONDITION

KyoSync II is a Database Application using the Claris FileMaker platform. To use KyoSync II, you must have a valid Claris FileMaker license and adhere to Claris FileMaker’s Terms and Conditions (https://www.claris.com/company/legal/), otherwise, you may be unable to use KyoSync II.

1. LICENSE AGREEMENT

Upon purchase of KyoSync II, you will receive a License Key. It is required that this License Key be added to the License Key section of KyoSync II (Instructions will be included with KyoSync II). The License Key is valid for one server-hosted KyoSync II Database, including up to ten (10) remote connections. Additional License Keys can be purchased to use more than one server-hosted copy of KyoSync II or more than ten (10) remote connections.

2. USAGE AGREEMENT

KyoSync II cannot be renamed, resold, or repurposed without the express written permission from Kyo Logic LLC. Express written permission means an email or written letter of facsimile signed by the CEO or President of Kyo Logic LLC.

3. INTELLECTUAL PROPERTY

Kyo Logic LLC owns all the intellectual property rights in KyoSync II, including all source code (including but not limited to scripts, custom functions, value lists, layout elements, tables, fields, etc) as well as functionality, audio, video, text, photographs, and graphics in KyoSync II (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

You will be given the Full Access credentials to KyoSync II upon purchase in KyoSync II instructions. It is prohibited for ANY Content to be copied from KyoSync II into any other database or application without the express permission of Kyo Logic LLC. Express written permission means an email or written letter of facsimile signed by the CEO or President of Kyo Logic LLC.

4. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF KyoSync II, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

5. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of KyoSync II; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of KyoSync II with whom you connected via KyoSync II. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.(1) use of KyoSync II; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of KyoSync II with whom you connected via KyoSync II. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

7. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: