Terms of Service

1. Membership and Registration

By registering for membership with Kdan Mobile Software Ltd. (“Kdan”) or using Kdan products and Kdan services and features (collectively “Kdan Services”), you (“User”) are agreeing that these Terms of Service will apply and that you are bound by them (“Agreement”).

Membership registration is free of charge. User may apply for new accounts via valid emails or through social media accounts including Facebook, Twitter, LinkedIn, Google, WeChat, QQ, Apple, and Microsoft, or through other platforms or methods approved by Kdan at the time of application for membership registration. In the event that the email or social media accounts used by User for membership registration is/are found to be invalid, User agrees that Kdan shall have the right at its sole discretion to suspend such User’s Kdan account and/or delete or remove any and all files stored under such account without any liability. If User encounters subscription or payment refund problems that result from using invalid email or social media accounts, further processing will take place only if User has resubmitted and verified a valid email or social media account with confirmation that such resubmitted account belongs to the User who has submitted the complaint. User is deemed to have agreed to receive any emails or newsletters that will be sent by Kdan upon making an application for Kdan membership registration. User will be charged only for and when subscribing to and purchasing Kdan Services.

User must meet the age restrictions of the country/region in which he or she is located in order to use Kdan Services. If User in his or her country/region is a minor or a person of no capacity or limited capacity to perform juridical acts, User must obtain permission from his or her parent or legal guardian in order to use Kdan Services and accept this Agreement. If User is a person of no capacity to perform juridical acts, User’s legal guardian must apply for membership registration or pay for purchases on behalf of User in order to use Kdan Services and accept this Agreement.

2. Services

User must access or download Kdan Services through legal means authorized by Kdan. Certain Kdan products can be used without membership registration while other Kdan Services require membership registration before using the services included in the product.

If a Kdan product purchased by User is packaged with a cloud storage service, User will enjoy free cloud storage space (hereinafter referred to as “Cloud Storage Space,” but which differs from the “KDAN CLOUD” service). Certain Kdan products, however, do not include the Cloud Storage Space.

If User wishes to use the KDAN CLOUD service, User must register as a Kdan member and log in to the account before using the service. User will be offered extra KDAN CLOUD space for free with a certain amount of storage capacity after completing the membership registration process (capacity of the free storage space is subject to relevant Kdan announcements or terms of service).

3. Application

The KDAN CLOUD membership account is the same as the account for other Kdan Services. Any of the Kdan Services that supports KDAN CLOUD is compatible with and can be linked to KDAN CLOUD. However, not all products or services offered by Kdan are compatible with or can be linked to each other. Kdan is committed to continually providing products and services to User to optimize the user experience.

4. Subscription and Trial

Kdan provides the following subscription models for a specified period to be determined by Kdan for accessing and using Kdan Services.

(1) Subscription (without free trial)

User can subscribe to Kdan Services through Kdan’s Apps, website or the Kdan Creative Store website.

User's subscription to Kdan Services will be automatically renewed until User cancels the subscription. Subscription and renewal payments will be debited from User’s credit card or other payment method for the billing cycle selected by User. If User wishes to cancel the paid subscription, User shall follow the instructions in section 5.

(2) Free Trial

After subscribing to or activating Kdan Services through a Free Trial model, User can view his or her current subscription status under My Account in Kdan Apps or on the Kdan website. User can also renew or cancel his or her subscription by following one of the methods described below:

Upon the expiration of the Free Trial period, User’s subscription will result in the following depending on the subscription model:

(1) Subscription through an in-app purchase (for example, through the App Store, Google Play Store or Microsoft Store):

Upon the expiration of the Free Trial period, if User does not have an associated payment method tied to his or her account when subscribing to the Free Trial version, User’s account will be downgraded to the free version and User can only continue to use the functions within the free version. If User has an associated payment method tied to his or her account, User’s subscription will be renewed upon expiration. If User does not want to continue the subscription, User must manually cancel the subscription before the new subscription period starts; otherwise, Kdan will continue to charge the associated payment method tied to User’s account for the subscription.

If User wishes to cancel the paid subscription after the Free Trial period expires, User should follow the relevant instructions set forth in section 5.

(2) Subscription by means other than an in-app purchase (for example, through the Kdan Creative Store at https://creativestore.kdanmobile.com): Upon the expiration of the Free Trial period, if User does not have an associated credit card, PayPal account or other payment methods tied to his or her account when subscribing to the Free Trial version, User’s account will be downgraded to the free version and User can only continue to use the functions within the free version. If User has an associated credit card, PayPal account or other payment methods tied to his or her account, User’s subscription will be renewed upon expiration. If User does not want to continue the subscription, User must manually cancel the subscription before the new subscription period starts; otherwise, Kdan will continue to charge the associated payment method tied to User’s account.

If User wants to manage the subscription or cancel automatic renewal, User can follow the procedures provided on the Kdan Creative Store website (https://creativestore.kdanmobile.com/my-account).

(3) DottedSign Business Plan

● Adding users

The original purchaser (Admin) may add new users at any time. The fees shall be calculated as follows: the fees for new users shall be calculated in proportion to the number of days until the current term expires; the recurring subscription fees shall be calculated on the basis of the total number of users.

The original account purchaser can query the number of users subscribing to the purchase through the Admin Console. The subscription, unsubscribing, and refund mechanism of this subscription model is the same as that of general subscription model (including Subscription (without free trial) and Free Trial). If the purchase is made through offline means (for example, through a sales representative, distributor or means other than in-app or online purchases), the payment terms shall be as per the contract at the time.

5. Subscription Cancellation

If User subscribes to Kdan Services via an in-app purchase, he or she shall follow the procedures set forth in the platform where User originally subscribed to the Services to view subscription history or cancel automatic renewal. For instance, if User subscribed to Kdan Services via Apple’s in-app purchase, he or she shall follow Apple’s procedures for subscription management or refund as set forth at https://support.apple.com/en-ap/HT202039; or if User subscribed to Kdan Services via Microsoft Store or Google Play Store in-app purchase, he or she shall follow Microsoft or Android’s procedures as set forth at https://www.microsoftstore.com/store/msusa/en_US/DisplayHelpSubscriptionAutoRenewalPolicyPage or https://support.google.com/googleplay/answer/2476088 respectively.

If however User subscribed to Kdan Services on the Kdan Creative Store website, User can view his or her subscription history or cancel his or her automatic renewal on the Order History webpage at https://creativestore.kdanmobile.com/my-account. For special circumstances where refund is required, please contact us at https://www.kdanmobile.com/contact Our customer service staff will respond and provide further processing.

For Users who subscribed to Kdan Services on the Kdan Creative Store website, Kdan’s refund policy is as follows (if you subscribe through the Apple App Store, Google Play Store or Microsoft Store platforms, please follow the refund standards and procedures of the platform.):

(1) User will receive 100% refund if he or she cancels his or her subscription and request a refund within 14 days of subscription. Kdan may however charge processing costs of no more than 5% of the subscription payment.

(2) User will receive up to a 70% refund if he or she cancels his or her subscription and request a refund within 15-30 days of subscription. Kdan may however charge processing costs of no more than 5% of the subscription payment.

(3) After 30 days of subscription to Kdan Services, User is deemed to have accepted and used Kdan Services, and thus is not entitled to any refund if he or she cancels the subscription and request a refund.

In the event that User cancels his or her subscription to Kdan Services before the subscription period expires, User can still access and use Kdan Services until the expiration date. However, when User receives any refund from Kdan, the Kdan Services provided to User will be terminated automatically and simultaneously.

User shall be solely responsible for the backup of files in the event of a refund or subscription cancellation. Kdan shall in no event be held responsible or liable for any loss or recovery of or damage to the files.

6. File Backup

The Cloud Storage Space included in a Kdan product or the KDAN CLOUD service provides only online storage space for files uploaded by User. Kdan shall in no event be held responsible or liable for any loss, damage, or unauthorized use of files attributable to User or perpetrated by any third party. Under the terms of this Agreement, Kdan does not represent or warrant that any content User may store or access through Kdan Services or KDAN CLOUD will not be accidentally corrupted, damaged, lost or removed, and in no event shall Kdan be liable for any such corruption, damage, loss or removal of User’s files.

User shall be solely and fully responsible for: the safekeeping of his or her account information (including the password), backup of any and all files at all times throughout the subscription period; disabling of the auto-renewal setting in the event of a subscription cancellation; declining a subscription renewal; requests for refunds; or any discontinuation of the Services.

To backup files, User shall retrieve and download the files from Kdan Services or Kdan Cloud to User’s own devices or other storage space.

7. Subscription Expiration

Except as otherwise provided in this Terms of Service, Kdan’s subscription model is automatic renewal. Once the subscription period expires, if User has not canceled the subscription according to section 5, he/she shall be deemed to have agreed to continue the paid subscription.

Upon the expiration of subscription and User’s cancelation of subscription according to section 5, other files uploaded or stored by using Kdan Services may be deleted or removed by Kdan at its sole discretion except for the files uploaded to KDAN CLOUD.

Upon the expiration of subscription of KDAN CLOUD and User’s cancellation of subscription according to section 5, the files uploaded by User to KDAN CLOUD will remain in storage for 30 calendar days for file download and backup by User (“First Grace Period”); User will not be able to retrieve, modify, edit or upload again any files to KDAN CLOUD starting from the First Grace Period. Upon the expiration of the First Grace Period, the files will continue to remain in storage for another 30 calendar days (“Second Grace Period”) for User’s subscription renewal and retrieval of files within such thirty-day period. During the Second Grace Period, User will not be able to upload, download or edit the files maintained on KDAN CLOUD, or use any service until the subscription is renewed. Upon the expiration of the Second Grace Period, if no renewal of subscription is done, Kdan may delete or remove any and all files from KDAN CLOUD at its sole discretion.

Moreover, after the expiration of subscription and User’s cancelation of subscription according to section 5, User may continue to use the extra free storage space with a certain amount of capacity on KDAN CLOUD obtained on the ground of having completed the entire procedure of membership registration. However, if the file uploaded or stored by User exceeds the limit of said free storage space, or User ceases to use the storage space for a long period of time and fails to come back after being notified by Kdan in a reasonable manner, Kdan may delete or remove any and all files from KDAN CLOUD at its sole discretion.

8. Privacy Policy and Data Security Policy

Kdan’s Privacy Policy (available on https://www.kdanmobile.com/privacy_policy) and Security Policy (available on https://www.kdanmobile.com/security)

Any personal data that User supplies to Kdan, and any data obtained by Kdan due to User’s use of Kdan’s website or Services will be subject to Kdan’s Privacy Policy and protected according to its Security Policy.

9. Compliance Obligations

User shall be solely and fully responsible and liable for the content created or produced by using Kdan Services, or for the transmission, upload, reproduction and storage of the files on Kdan’s Cloud Storage Space or KDAN CLOUD. User shall warrant that no infringement of a third party’s intellectual property rights or other rights has ever occurred. In no event shall Kdan be responsible or held liable for any of the foregoing deeds performed by User or a third party in relation to the files.

If you are a data controller subject to UK or EU data protection law, you agree to comply with our data processing agreement when transferring personal data to Kdan. This data processing agreement is incorporated by this reference and is available on Data Processing Agreement at https://files.kdanmobile.com/web-assets/common/trust/KDAN_GDPR_DPA.pdf.

10. Intellectual Property Rights

User retains copyrights of the works created by using Kdan Services or uploaded or stored on Kdan’s Cloud Storage Space or KDAN CLOUD. However, User agrees to grant Kdan a non-exclusive, perpetual, unlimited, royalty-free, and worldwide right to display, copy, reproduce, post and distribute for marketing purposes (including the right to make minor modifications for technical or editorial reasons).

User understands and agrees that once any file has been uploaded or stored by using Kdan Services, User has the option to choose whether to make such file public. If User chooses to make the file public, User shall be deemed as agreeing to grant any User of Kdan Services a non-exclusive and royalty-free right to download, copy, and modify such file, or to make derivative works and upload such derivate works to Kdan Services (e.g. My MarkUps and NoteTube) for non-commercial purposes.

User represents and warrants that, by using Kdan Services, the contents or files created, uploaded or stored on Kdan’s Cloud Storage Space or KDAN CLOUD are:

a. owned by User, or in the event where they are owned by a third party, User has obtained such party’s express permission to use, copy, and transmit the files, or to modify and make derivative works of the files;

b. not in violation of any copyright, trademark, trade secret or other intellectual property rights;

c. not in violation of the privacy or any right of a third party;

d. not in violation of the law (e.g. obscene, offensive content, etc.), and not in violation of trade secrets or confidential information under an employment agreement or non-disclosure agreement, or involve any situation that may give rise to a violation of law or applicable regulations or policies.

11. User’s Conduct

User warrants that Kdan Services “will not” be used for the following inappropriate purposes:

a. to upload, download, email, transmit, store, share, import or otherwise make available any content that is unlawful, harassing, threatening, harmful, infringing, defamatory, insulting, humiliating, violent, obscene, vulgar, invading the privacy of others, hateful, racially discriminatory or otherwise inappropriate;
b. to stalk, harass, threaten, or harm others;
c. to impersonate as any person or entity, or as a private-sector leader or government official, or to misrepresent one’s affiliation with any person or entity (Kdan reserves the right to reject or block what may be considered as impersonated or false identity, or any account or email address that misappropriates the name or identify of others);
d. to send, transmit, or otherwise make available any unsolicited or unauthorized email message, advertisement, promotional materials junk mail or chain letters, including but not limited to mass commercial advertisement and informational announcements;
e. to upload, email, transmit or otherwise make available any material that contains a virus or any other computer codes, file, or program intended to harm, interfere with or limit the performance of Kdan’s products or services (or any part thereof) or the ordinary operation of any other computer software or hardware; and/or
f. to collect and store the personal information of any other User of Kdan Services for any of the prohibited activities above.

12. Modifications

Kdan reserves the right to amend, adjust or modify this Agreement, service, price at any time, along with the right to add new or additional terms or conditions regarding Kdan Services. User agrees that User is responsible for reviewing this Agreement on a regular basis. By continuing the use of Kdan’s products or services, User is deemed to accept the updated Agreement. If User does not consent to the updated Agreement, please cease using Kdan’s products or services.

When this Agreement is updated, we will forthwith publish the updated version on Kdan’s website, and notify User via a Kdan App or email as soon as possible.

13. Suspension of Rights

If User is reported of being, or Kdan discovers in a reasonable manner or is notified by a third-party service platform that User is: (1) in breach of the representation and warranty obligations under sections 9 and 10; (2) has engaged in misconduct in breach of section 11; (3) has engaged in abusive conduct as specified below; or (4) has acted in a manner that Kdan reasonably believes to be similar to any of the situations above, Kdan may immediately suspend, in whole or in part, User's right to continue to use Kdan's products or services, or may modify/remove the content uploaded or provided by User, and if necessary, terminate the provision of services or cancel User's subscription.

Kdan shall not be liable for any consequential damages of User or a third party that may arise from its termination or suspension of account and/or access to Kdan’s products or services.

Kdan reserves the right not to refund the relevant fees of Kdan’s products or services if User's account is suspended due to abusive conduct. If User files a refund dispute to a third-party payment platform on the ground of Kdan's termination or suspension of his/her account and/or access to Kdan's products or services, and if Kdan is able to prove with reasonable evidence that User’s rights are suspended due to his/her abusive conduct, User shall be liable for not only the relevant fees of Kdan’s products or services, but also the expenses and costs arising from Kdan’s handling of the dispute.

“Abusive conduct” shall include without limitation:
(1) Regarding DottedSign
By means of the “Bulk Send” function in the service, sending a large volume of signing requests to potential users without their consent (regardless of whether they have actually agreed to the use of email or not) to the extent that Kdan receives complaints from numerous users, thereby affecting Kdan’s ordinary operations and diminishing Kdan’s reputation.

(2) Regarding KDAN CLOUD
By using the service to share a great number of phishing links with other users, or uploading to KDAN CLOUD a virus-containing file that generates a set of sharing links, such that, via link spreading and sharing, any user who clicks on the link may get the virus.

(3) Regarding Creativity 365 and Document 365 series products
(i) Using the “fax function” in the service to disseminate a great number of fax documents with invalid fax numbers, causing Kdan to receive complaints from suppliers.
(ii) Using the “fax function” in the service to send a great number of junk faxes (including invalid, poor-image-quality faxes), causing the suspension of the fax function.

(4) Repeatedly applying for a new account after a previous account is suspended by Kdan with reasonable cause or in accordance with this Agreement.

(5) Any conduct that is beyond the scope of reasonable use of Kdan Services, including to exploit product or service vulnerabilities, or violate the product or service usage rules.

14. Termination of Subscription

In the event of User’s breach of this Agreement, incurrence of any damages or losses in relation to Kdan Services, or any situation where Kdan deems necessary, Kdan may terminate Kdan Services or subscription without prejudice to its other entitled rights. Kdan shall not be liable for any consequential damages of User or a third party that may arise from its termination of account and/or cancellation of subscription.

User may cancel the subscription on his or her own initiative in accordance with section 5.

Upon termination of User’s account, User will lose all access to Kdan Services, including without limitations, the account, user name, email account, and contents therein. Since Kdan’s products and services share one single Kdan account, once a Kdan account is deleted by User, no Kdan products or services will be available through the account.

15. Limitations on Use

User shall use Kdan Services within the scope permitted by this Agreement and applicable laws, regulations, or by the generally accepted practice in the governing jurisdiction.

16. Disclaimer of Warranties

Kdan does not warrant that the use of Kdan Services will be uninterrupted or error-free, and User agrees that from time to time Kdan may remove services for indefinite periods of time or cancel services in accordance with the terms of this Agreement.

User expressly understands and agrees that Kdan Services are provided on an “as is’ and ‘as available’ basis. Kdan and its branches, subsidiaries, managers, directors, employees, agents, partners or licensors expressly disclaim all warranties of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of rights of others. In particular, Kdan and its branches, subsidiaries, managers, directors, employees, agents, partners or licensors do not warrant that (i) Kdan Services will meet your requirements; (ii) the use of Kdan Services will be timely, uninterrupted, secure, or error-free; (iii) any information obtained by User from Kdan Services will be accurate or reliable, and (iv) any defects or errors in the software provided to User as part of Kdan Services will be corrected.

Kdan does not represent or warrant that Kdan Services will be free from loss, attack, viruses, interference, hacking or other security intrusions, and Kdan disclaims any liability relating thereto.

Any material downloaded or otherwise obtained through the use of Kdan Services is accessed at User’s own discretion and risk, and User shall be solely and fully responsible for any damage to User’s hard drive or loss of computer data that results from the download of any such material. User also acknowledges that Kdan Services are not intended to be suitable for use in User’s situation or environment, and if the data or information provided by Kdan Services are delayed, erroneous or inaccurate in content, it is possible to cause shutdown, personal injury, or severe physical or environmental damage.

17. Indemnification

User agrees to defend, indemnify and hold Kdan, its branches, subsidiaries, directors, managers, employees, agents, partners, collaborators, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, relating to or arising from: (i) User’s upload, post, transmission of any content, or any other activity available through Kdan Services; (ii) the use of Kdan Services; (iii) User’s breach of this Agreement; (iv) any action taken by Kdan as part of its investigation, or suspicion that breach of this Agreement has occurred, or (v) breach of any rights of any third party, (iv) User’s breach of the representations or warranties in this Agreement. User shall not sue Kdan, its branches, subsidiaries, directors, officers, employees, agents, partners, collaborators, and licensors on the ground of Kdan’s decision to remove any information or reject processing of any information or content, to send warnings to User, to suspend or terminate User’s access to Kdan Services, or to take any other action during the investigation of a suspected breach or as a result of Kdan’s conclusion that breach of this Agreement has occurred. User acknowledges that User shall be responsible for all the use of Kdan Services, and that this Agreement applies to any and all usage of User’s account.

User agrees to comply with this Agreement and to defend, indemnify and hold Kdan harmless from and against any and all claims and demands arising from using Kdan Services or Kdan accounts, whether or not such use is manipulated by User or a third party.

The foregoing obligations shall survive and remain effective after the termination or expiration of this Agreement or upon User’s cancellation of subscription.

18. Limitation of Liability

To the fullest extent permissible by law, in no event shall Kdan, its branches, subsidiaries, directors, managers, employees, agents, partners, collaborators or licensors be liable to User for any direct, indirect, contingent, specific or consequential damages, including without limitations, the costs arising from use, data, business, goodwill or profits, or procurement of substitute goods or services, or other tangible or intangible losses, which may result from the manipulation of User or a third party, whether it is legally grounded or not, or whether Kdan has been informed of the possibility of the said damages, and whether User may not be entitled to seek damages thereafter. Kdan’s total amount of compensation arising out of or in relation to this Agreement shall be subject to a limit of within [3] months prior to the incurrence of the damages, [100 ]% of the amount paid by User for using the relevant Kdan Services

19. Governing Law and Dispute Resolution

This Agreement and the relationship between Kdan and User shall be governed by and construed in accordance with the laws of Taiwan, the Republic of China (R.O.C.), excluding conflict of laws principles. In the event of a dispute arising from use of Kdan Services, User agrees to submit to the jurisdiction of the Taiwan Taipei District Court.

20. Language and Translations

Kdan may provide certain translated versions of this Terms of Service for international users. If there is a discrepancy between the translation version and the Chinese version, the Chinese version shall prevail.
This Terms of Service was last updated on the 23rd day of October 2023.