KYOCERA Document Solutions
These Terms of Use are part of an agreement between you and Kyocera Document Solutions America, Inc. (together with its affiliates, "Kyocera" or "we") regarding use of the Digital Cloud Platform (“DCP”) and associated Content (defined below). Before you activate, access or use the Digital Cloud Platform or any Content made available through it, please read these Terms of Use and all rules and policies related to the Content, including any privacy statements (collectively, the "Agreement").
By activating, accessing or using DCP or the Content, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you must not use or access the DCP or Content. If you are accepting these Terms of Use on behalf of an entity other than yourself, you represent and warrant that: (a) you have full legal authority to bind such entity to these Terms of Use; (b) you have read and understand these Terms of Use; and (c) you agree, on behalf of such entity, to these Terms of Use.
In the DCP, you can access, browse and download software, applications, plugins, extensions and other digital cloud-based products ("Content"). Content includes any services, technology, data, and other digital materials included in or made available through an application you download or use via the DCP (including after you download or access it). Content also includes any updates, upgrades and other changes and versions that you later use or download from us.
Although the use of DCP is provided at no cost, you must purchase Content through Kyocera or any other entities that are authorized to resell the Content (“Authorized Representative”). After you order the Content and pay any corresponding fee to us or an Authorized Representative, you will receive further instructions on how to use the Content or download a copy of the Content for your business use to a device on which you have signed in to the DCP. Some of Content may require to be used only on devices that meet the technical requirements relevant to that specific technology. Generally, device requirements are described in the agreement related to the Content.
We may offer free trials and other limited versions of certain Content so you can preview them before you purchase the full version. These versions may have limited features, may restrict permitted time of use, and may contain other limitations as provided for by the applicable agreement.
All Content purchases are final, except as expressly stated in the applicable purchase or license agreement. We do not accept returns of any Content. Once you have purchased Content and have received instructions for use (if applicable), we encourage you to access it promptly to be sure you have received it. If you are unable to complete a download or access the Content, please contact Kyocera customer service for assistance at (800) 255-6482. Once you purchase Content and it is available to you, you bear responsibility for completing the download (if applicable) and for all risk of loss after downloading or accessing the Content, including any loss due to a device malfunction.
Once you have paid for certain Content, you may access and use it for business use by signing in to the DCP using the username and password related to your Kyocera account. If Content you have purchased is downloadable, we will continue making the Content available to you in the DCP so that you can download additional copies under the terms of the agreement of the Content, but that is not always the case, and we may limit or disable further downloads of Content due to licensing restrictions or for other reasons. Certain Content relies on cloud-based hosting provided by a third party or the original licensor for some or all of their functionality. This Content may not function properly or may become inoperable if the third party or original licensor discontinues those services.
With regard to certain Content which the original licensor provides, the original licensor of certain Content may provide us with updates to that Content from time to time. In this case, we may update the Content without delay if the Content is provided as cloud-based services, or prompt you to install the updates if the Content is downloadable.
With regard to certain Content which third party or we provide, the third party or we may provide you with updates to its Content from time to time. In this case, the third party or we may update the Content without delay if the Content is provided as cloud-based services, or prompt you to install the updates if the Content is downloadable.
You are responsible for all activity that occurs through the user account, even if that activity is not done by you or is without your knowledge or consent. You may not (a) share your account information, such as login credentials, whether intentionally or unintentionally; or (b) use another user’s account. Your administrator may use your account information to manage your use and access to the DCP and Content. Kyocera may require you to enable multi-factor authentication and provide a phone number or an alternate email for security purposes. Kyocera assumes no responsibility for any loss that you may sustain due to a compromise of your Account login credentials, or your failure to follow or act on any notices or alerts that we may send to your email address or telephone number. You are responsible for keeping your email address and telephone number up to date in order to receive any notices or alerts that we may send you, and you are also responsible for carefully reviewing any messages purporting to be from Kyocera to ensure they are legitimate. We assume no responsibility if you are unable to access your Account because you cannot provide the appropriate login credentials, such as a password, email address, or telephone number. If you suspect that your account or any of your login credentials have been compromised, please contact your administrator. If you are under 18, you may use the DCP only with involvement of a parent or guardian. Kyocera reserves the right to refuse service, terminate accounts, terminate your rights to use DCP, remove or edit Content, or cancel orders in its sole discretion.
Kyocera respects your privacy, and the DCP will not access files or other information uploaded by you to the Content. The DCP and Content will provide Kyocera with information relating to the download, use and performance of the DCP and your Content. For example, the DCP and Content may provide Kyocera with information about the device type, network connectivity, location of the device running or using the Content, information about when Content is launched, individual session lengths for Content, or why certain Content may not be working.
Your use of certain Content will be governed by the terms and conditions of an end user license agreement between you and the licensor of the Content (a "EULA"). The EULA for Content includes the terms set forth below (the "Standard EULA") and any additional end user license terms included with and embedded in the Content (the "Content EULA"). If there is a conflict between the Standard EULA and the Content EULA, the Content EULA will control. The licensor has the right to enforce the EULA against you. If you do not want to comply with the EULA for certain Content, you must not use that Content. The Standard EULA includes the following end user license terms, and if the Content does not include its own EULA, these terms will constitute the entire EULA between you and the licensor:
You will use the DCP and Content in compliance with all applicable laws, including all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the DCP or any Content. You may not use any Kyocera services or products if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Kyocera services or products. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services. We reserve the right to change, remove, suspend, or disable the DCP and any Content without notice or liability.
We may modify, suspend or discontinue the DCP or the Content, in whole or in part, at any time without notice.
The DCP is operated in North and South America. We may restrict access to the DCP from other locations.
Your rights under this Agreement will automatically terminate without notice from us if you fail to comply with its terms. In case of such termination, you must cease all use of the DCP and its Content, and we may immediately revoke your access to the DCP without notice to you and without refund of any purchases. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the kyoceradocumentsolutions.us website. Your continued use of the DCP and its Content after the effective date of the revised Agreement terms constitutes your acceptance of the terms.
For communications concerning this Agreement, please write to Kyocera, Attn: Legal Department, 225 Sand Road, Fairfield, NJ 07004.
We want to address your concerns without needing a formal legal case. Before filing a claim against Kyocera, you agree to try to resolve the dispute informally by contacting kdalegalheadquarters@da.kyocera.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 45 days of submission, you or Kyocera may bring a formal proceeding.
You and Kyocera agree that any judicial proceeding to resolve claims relating to these Terms or the DCP will be brought in the federal or state courts New Jersey, subject to the mandatory arbitration provisions below. Both you and Kyocera consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts, this paragraph does not affect those requirements. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this Terms of Use.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
Without limiting the Disclaimer of Warranties and Limitation of Liability in any other applicable agreements, in no event shall our total liability to you for all damages arising from your use of the DCP, the Content, or information, materials or products included on or otherwise made available to you through the DCP exceed the amount you paid to us to purchase the Content related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose. To the maximum extent permitted by law, Kyocera offers the DCP and all Content “AS IS” and “AS AVAILABLE”, and Kyocera hereby disclaims all warranties, whether express, implied or statutory, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, relating to the DCP or this Terms of Use.