PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, PLEASE LEAVE THIS WEBSITE IMMEDIATELY.
You are currently viewing and using a website and/or mobile application (“Website”) owned and operated by MCA Trade AG, d/b/a Kraftworks App (“Kraftworks”, “we”, “us”, “our”). This Website and any service we provide in connection with this Website (“Services”) are subject to the following terms and conditions (“Terms of Use”). By accessing the Website, the “User” (“you”) acknowledges that you have read, understand, and agree to be bound by these Terms of Use. If any provision contained in these Terms of Use conflicts with a provision contained in another agreement that you enter into with us regarding the products and services offered on this Website, or with or through Kraftworks App or related to the Services, the provision of the other agreement shall govern with respect to that specific aspect of the Website, product, or Services.
This Website may provide general information about our Services. Your eligibility for particular Services is subject to our final determination, restrictions, and acceptance. We may discontinue or make changes to the information, products, licenses, or Services described on this Website at any time. Any dated information is published as of its publication date only. We do not undertake any obligation or responsibility to update or amend any such information. We reserve the right to terminate any or all offerings without prior notice. Furthermore, by offering information, products, or Services via this Website, no solicitation is made to any person to use such information, products, or Services in jurisdictions where the provision of information, products, or Services is prohibited by law.
You agree that we may from time to time amend all or any part of these Terms of Use, including, without limitation, establishing, increasing, or decreasing the fees and charges for products and Services made available through this Website and changing the features and functionality to this Website. We will notify you electronically of any change to these Terms of Use as required by applicable law. Any such changes shall take effect as soon as they are posted on this Website. Your use of the Website after the effective date of the change shall constitute your agreement to be bound by the terms of the change. You should review these Terms of Use periodically for any changes.
This Website is intended for individuals who are residents of the United States and the age of majority in their state of residence; any access by individuals who are under the age of 18 is in violation of these Terms of Use. If you are under 18, please leave this Website now. By using the Website, you represent that you are a resident of the United States and have reached the age of majority in your state of residence, and that you agree to abide by all of the terms and conditions of these Terms of Use. We may restrict your access to the Website during times you are in a country for which use of the Website would be prohibited. The Website is not intended for use by persons in any jurisdiction where such use or collection of information would be contrary to applicable laws or regulations. You are responsible for compliance with all local laws.
Unauthorized use of the Website or Services, including unauthorized access of Kraftworks’ systems and misuse of passwords or Website information is strictly prohibited. If you violate any of these Terms of Use or any other agreement between you and Kraftworks, then Kraftworks App may restrict, suspend, or terminate your access to any portion or all of the Kraftworks App Website and Services without notice.
You may be required to create and maintain an account to access certain parts of the Kraftworks App Website and Services. When you create an account, you will be required to use the secure processes we have implemented to obtain access. If you learn of any unauthorized use of your account, please contact us immediately.
You agree to (i) maintain the security of your username and password, (ii) maintain and promptly update any information you provide to us in connection with your account and to keep it accurate, current and complete, and (iii) be fully responsible for all use of your account and for any actions that take place using your account.
Your privacy is very important to us. Please carefully read Kraftworks’ Privacy Policy, which details how Kraftworks App treats your personal information. In the event that there is any conflict between these Terms of Use and the Privacy Policy, the Privacy Policy shall control.
You understand that when you submit an application, inquiry, or request for services through the Website or other Services, you are consenting, acknowledging, and agreeing to the submission of your personal information to us. Your use of this Website requires both the collection and transmission of your personal information in order to provide you with services. You authorize us to share your information with operational service providers as reasonably necessary to provide and support our Services.
By providing your mobile phone number and opting in to receive SMS communications from Kraftworks, you consent to receive conversational, operational, customer support, scheduling, and account-related text messages from Kraftworks. Message frequency may vary. Message and data rates may apply. Reply STOP to opt out or HELP for assistance. Consent to receive SMS messages is not a condition of purchase.
All material and content on this Website, including but not limited to text, data, articles, designs, software, photos, images, and other information (collectively the “Platform Content”) are the proprietary property of Kraftworks App with all rights reserved. The Platform Content is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, the Platform Content is protected by patent and trademark laws, the laws of privacy and publicity, and various communication regulations and statutes. Platform Content may not be copied, reproduced, distributed, republished, displayed, posted, transmitted, or sold in any form or by any means without Kraftworks’ express prior written consent. You acknowledge that all Platform Content is and shall remain the sole property of Kraftworks. You may only access the Website and use the Services for their intended purpose, and any use of the Website or Kraftworks’ Services that is not expressly authorized herein is strictly prohibited.
You agree to abide by all applicable laws and regulations in your use of the Website and the products and Services available through the Website. You accept sole responsibility for all of your activities using the Website. You may not use the Website in a manner that:
Any commercial use of this Website or its content is prohibited. You may print a copy of the information contained on this Website only for your personal use. This right may be revoked at any time.
If you believe that any material on the Website infringes upon any copyright that you own or control, you may send a written notification to us via email at info@kraftworks.app. In your notification, please:
We are not responsible for the information practices employed by websites linked to or from the Website. In most cases, links to third-party websites are provided solely as pointers to information on topics that may be useful to our Users. Since third-party websites may have different privacy policies and/or security standards governing their websites, we advise you to review the privacy policies and terms and conditions of these websites prior to providing any personal information.
You expressly relieve us from any and all liability arising from your use of any third party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on this Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we are not responsible for any loss or damage of any sort relating to your dealings with such advertisers. The fact that we provide a link to a website does not necessarily mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website’s owners or sponsors. We reserve the right to terminate a link to a third-party website at any time.
To access our Website and submit inquiries, applications, or requests for Services, you will need a working connection to the Internet via a web browser on your computer or mobile phone for which you are responsible for all security, costs, expenses, and fees.
From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons the Website may not be available for your use. The Website also may be unavailable or may not work properly due to other factors including, but not limited to: software or hardware failure, severe weather, earthquakes, wars, insurrection, riots, civil commotion, acts of God, accident, damage, natural disasters, interruption of power, governmental or regulatory restrictions or other causes beyond Kraftworks’ control.
You agree that we shall not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the Website, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. We shall also not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the Website caused directly or indirectly, in whole or in part, by your computer or mobile device, your inability to establish a connection to the Internet, your Internet Service Provider (“ISP”), or capacity or other limitations or constraints of the Internet.
KRAFTWORKS PROVIDES THE WEBSITE AND SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, KRAFTWORKS APP MAKES NO CLAIM OR GUARANTEE AS TO THE ACCURACY OF ANY INFORMATION PROVIDED OR WEBSITE CONTENT.
Although we try to provide accurate and timely information on this Website, there may be inadvertent, technical, or factual inaccuracies and typographical errors. For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on this Website, and we expressly disclaim liability for any errors or omissions in such information. We do not guarantee continuous, uninterrupted, or secure access to the Website or any of our Services, and the operation of the Website may be interfered with by numerous factors outside our control. We do not guarantee or promise any specific results from use of the Website and/or our products and services. You agree that Kraftworks App may promptly correct any error that we discover.
IN NO EVENT WILL KRAFTWORKS APP OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, OR ANY LENDER, BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR LOST PROFITS OR ANY OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF KRAFTWORKS APP IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY APPLICABLE LAW, KRAFTWORKS’ LIABILITY TO YOU FOR ANY CAUSE OF ACTION REGARDLESS OF FORM WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO KRAFTWORKS, IF ANY, AND IN NO CASE SHALL KRAFTWORKS’ LIABILITY TO YOU EXCEED $1,000.00.
You agree that the Website and all logos related to our products and Services are ours and any relevant licensors’ trademarks or registered trademarks, respectively. Nothing on the Website should be construed as granting the User any license or right to use any trademark, whether owned by Kraftworks App or a third party, displayed on the Website, without prior written approval of the trademark owner. You may not copy, duplicate, display, distribute, modify, reproduce, imitate or use any trademark found on the Website without prior written consent of the trademark’s owner. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress. All right, title and interest in and to the Website, any content thereon, our products and Services, the technology related to our products and Services, and any and all technology and any content created or derived from any of the foregoing is our or our licensors’ exclusive property.
You agree to indemnify, defend, and hold harmless Kraftworks App and its affiliates, officers, directors, employees, agents, and representatives for damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees), arising in connection with any claim, suit, proceeding, or other action arising from your use of the Website or Services, your conduct in connection with your use of the Website or Services, or any violation of these Terms of Use or of any law or the rights of any third party.
Subject to applicable law and the terms of any Services, we reserve the right, in our reasonable discretion, to terminate your use of the Website, your user account, or any Service provided to you and to assert our legal rights with respect to content or use of the Website that we reasonably believe is, or might be, in violation of these terms or the terms of any Service.
In the event we terminate this Terms of Use, any applications you have completed and submitted will continue to be evaluated, and any existing transactions you have entered into with us shall remain in effect.
Except with respect to the Arbitration section below, which is governed exclusively by federal law, these Terms of Use shall be governed by the laws of the State of Texas without regard to any conflict of laws provision.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable for any reason, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect. The headings in these Terms of Use are intended only to help organize these Terms of Use.
Kraftworks’ failure or delay in exercising any right, power, or remedy under these Terms of Use shall not operate as a waiver of any such right, power, or remedy.
IT IS IMPORTANT THAT YOU READ THIS ARBITRATION AND DISPUTE RESOLUTION PROVISION CAREFULLY. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE A CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU PREFER TO LITIGATE SUCH CLAIMS IN COURT. YOU ARE WAIVING RIGHTS YOU MAY HAVE TO LITIGATE THE CLAIMS IN A COURT OR BEFORE A JURY AND TO SEEK PUNITIVE DAMAGES. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIMS.
Any Claim by either you or us against the other will, at the election of either you or us, be resolved by binding arbitration. “Claims” subject to this arbitration provision shall include any claim involving you and us (collectively, the Parties”) relating to or arising out of your access to and use of the Website, any claim relating to or arising out of these Terms of Use and any claim relating to or arising from any third-party websites linked to the Website or third-party information contained on the Website. “Claims” subject to this arbitration provision shall also include disputes regarding the applicability of this provision or the interpretation, scope or validity of the Terms of Use or this arbitration provision including questions of arbitrarily of any issue, except that the parties’ waiver of any right to bring a class action or to participate in a class action shall be solely determined by the appropriate court, if necessary. As used in this arbitration provision, the term “Claim” is to be given the broadest possible meaning, and includes past, present, and/or future Claims. This arbitration provision governs all Claims, whether such claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, or any other legal theory; and whether such Claim seeks as remedies money damages, penalties, injunctions or declaratory, or equitable relief. Claims subject to arbitration also include Claims that are made as counterclaims, cross-claims, third party claims, interpleaders, or otherwise. Notwithstanding this arbitration provision, if you have a Claim that is within the jurisdiction of the small claims court and where the amount in controversy is no greater than $10,000 including any claims for attorneys’ fees and non-monetary relief, you may file your Claim there. Any small claim may only be brought on an individual basis and no small claim may be brought on a class or representative basis. Any appeal from a decision of a small claims court shall be subject to this arbitration provision.
The Parties agree to give up any right they may have to bring a class action lawsuit or class arbitration or to participate in a class proceeding as a member of a class. If a party files a lawsuit asserting a Claim or elects to arbitrate a Claim, the proceeding will be conducted as an individual action only. This means that even if a demand for class arbitration, a class action lawsuit or other representative action, including a private attorney general action, is filed; any Claim shall be asserted only in an individual capacity without the ability to act as a class representative, join other claimants or assert any Claim as a member of a class. The parties agree to give up their respective rights to a trial by jury. The parties also agree to waive any right to seek or recover punitive damages in any suit.
Written notice shall be given for any dispute. Such notice shall be given by certified mail, return receipt requested. Any notice we send you may be provided to you at your last known address or at such other address as we may have in our records. Your notice to us shall be given to: 1201 Fannin St Suite #262 Houston, TX 77002. This notice may be given after a lawsuit has been filed and may be given in papers or motions in the lawsuit. The party initiating the arbitration must set forth in the notice the nature and factual basis of the dispute, the names and addresses of all other parties, the amount involved and the specific relief requested. The party responding to such notice may answer and similarly set forth any counterclaims. You or we may bring a summary or expedited motion to compel arbitration of any Claim or to stay the litigation of any Claims pending in any court. Such a motion or action may be brought at any time. The failure to initiate or request arbitration at the beginning of a dispute or claim shall not be construed as a waiver of the right to arbitration.
The arbitration shall be conducted by one neutral and impartial arbitrator mutually agreed upon by the parties. The arbitrator must be an attorney or retired judge. In the event that the parties cannot agree on an arbitrator, the parties agree that an arbitrator may be appointed by a court in accordance with the Federal Arbitration Act, Title 9 of the United States Code (“FAA”). The arbitrator may conduct all necessary preliminary proceedings, provide for the exchange of information and/or discovery and set the time, date and place of any hearing, after reasonable notice to and consultation with the parties. The award shall be issued, without a written determination, no later than 30 days from the date any hearing is completed.
The parties shall be responsible for their own attorneys’ fees and costs associated with the arbitration, unless otherwise allowed for under the applicable substantive law and awarded by the arbitrator.
You and us each agree that are participating in transactions involving interstate commerce which shall cause this arbitration provision to be governed by the provisions of the FAA and not by any state law concerning arbitration. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules, and shall be authorized to award all available remedies, including without limitation, damages (to the extent not limited by this Agreement), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. The arbitrator shall follow rules of procedure and evidence consistent with the FAA and this provision.
Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator’s award will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the cost of appeal, regardless of its outcome. However, we will consider in good faith any reasonable written request for us to bear the cost of your appeal. We will pay any fees or expenses we are required by law to pay or in order to make this arbitration provision enforceable.
This arbitration provision shall survive termination of the Terms of Use. If it is determined that any provision in this Arbitration and Dispute Resolution Agreement is illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the other provisions of this Arbitration and Dispute Resolution Agreement. The remainder of this Arbitration and Dispute Resolution Agreement shall continue in full force and effect as if the severed provision had not been included. Notwithstanding this severability provision, if a court of competent jurisdiction determines that the waivers of class actions and class arbitrations or the limitations of asserting claims in a representative capacity or as a member of a class are struck in a proceeding brought on a class, representative or private attorney general basis, without impairing the right to appeal such decision, this entire Arbitration and Dispute Resolution Agreement (other than this proviso) shall be null and void in its entirety in such proceeding.
FOR ALL DISPUTES COVERED BY THIS ARBITRATION AND DISPUTE RESOLUTION AGREEMENT, THE PARTIES HAVE AGREED TO WAIVE THEIR RIGHT TO A TRIAL BY JURY, THEIR RIGHT TO PARTICIPATE IN CLASS ACTIONS, AND THEIR RIGHT TO SEEK PUNITIVE DAMAGES. EXCEPT FOR DISPUTES AND CLAIMS NOT SUBJECT TO THIS ARBITRATION AGREEMENT, ARBITRATION SHALL BE IN PLACE OF ANY CIVIL LITIGATION IN ANY COURT AND IN PLACE OF ANY TRIAL BY JURY.
THE TERMS OF THIS ARBITRATION AND DISPUTE RESOLUTION AGREEMENT AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT UNDERSTAND ANY TERMS OF THIS ARBITRATION AGREEMENT OR THE COST, ADVANTAGES OR DISADVANTAGES OF ARBITRATION, SEEK INDEPENDENT ADVICE BEFORE THIS AGREEMENT BECOMES EFFECTIVE.
If any portion of this website is inaccessible to you for any reason, please contact us at info@kraftworks.app.
If you have questions, comments, or complaints regarding these Terms of Use, the Website, or Services, you may email us at info@kraftworks.app.