Krynax - Privacy Policy & Terms of Service
Effective Date: May 20, 2025
Last Updated: May 20, 2025
This document outlines both our Privacy Policy and our Terms of Service (collectively,
"Terms"). It explains how Krynax ("Krynax," "we," "us," or "our") collects, uses, processes, and protects
your personal information, and it governs your access to and use of the Krynax website (the "Site") and any
informational content, materials, or general services offered thereon (collectively, the "Services"). Krynax
provides custom digital solutions. [cite: 1]
By accessing or using our Site and Services, you signify that you have read, understood, and agree to be
bound by this Privacy Policy and these Terms of Service. If you do not agree, you must not access or use the
Site or Services.
Please note that the provision of specific "Custom Digital Solutions" to our clients ("Clients") is governed
by separate, legally binding agreements, such as a Master Service Agreement ("MSA") and/or Statement(s) of
Work ("SOW"). [cite: 236] In the event of any conflict between this document and the terms of a specific MSA
or SOW, the terms of the MSA or SOW shall prevail with respect to the subject matter of that agreement.
[cite: 237]
PART I: PRIVACY POLICY
1. Introduction to Our Privacy Policy
This Privacy Policy describes how Krynax ("Krynax," "we," "us," or "our") collects, uses, processes, and protects your personal information when you visit our website, (the "Site"), use our services, or otherwise interact with us. [cite: 1] Krynax provides custom digital solutions (the "Services"). [cite: 2]
We are committed to protecting your privacy and handling your personal information in an open and transparent manner, in compliance with applicable data privacy laws. [cite: 3] This Privacy Policy aims to inform you about our practices concerning the collection, use, and sharing of your personal information. [cite: 4]
By accessing or using our Site and Services, you acknowledge that you have read and understood this Privacy Policy. [cite: 5] Please note that for specific data processing activities, such as the use of non-essential cookies or for receiving direct marketing communications, we will seek your explicit consent as detailed further in this policy. [cite: 6] This policy applies to all visitors to our Site and users of our forms and general informational services. [cite: 7]
The nature of "custom digital solutions" means that Krynax may, in the course of providing services to its clients, handle varied and potentially sensitive client project data. [cite: 8] While this Privacy Policy primarily addresses data collected through our public website and initial interactions, it reflects our overarching commitment to data protection and confidentiality, which extends to all data we process. [cite: 9]
2. Definitions Applicable to Privacy
For the purposes of this Privacy Policy:
- Personal Information (or "Personal Data") means any information relating to an identified or identifiable natural person. [cite: 10] This includes, but is not limited to, names, email addresses, phone numbers, and IP addresses. [cite: 10]
- Processing means any operation or set of operations which is performed on Personal Information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction. [cite: 12]
- Cookies are small text files stored on your device (computer, tablet, mobile phone) when you visit certain websites. [cite: 13]
- Google Tag Manager (GTM) is a tag management system that allows us to manage and deploy marketing and analytics tags (small code segments) on our Site. [cite: 14]
- Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. [cite: 15] For the purpose of this Privacy Policy, Krynax is the Data Controller. [cite: 16]
It is important to understand that while a general acknowledgment of this policy is made through website use, certain data processing activities, particularly those involving non-essential cookies and direct marketing, will rely on more specific, explicit consent mechanisms detailed herein. [cite: 17] This layered approach ensures clarity and upholds your control over your Personal Information. [cite: 18]
3. Information We Collect
Krynax collects various types of information in connection with the Services, including:
3.1. Personal Information You Provide Directly
We collect Personal Information that you voluntarily provide to us when you use our Site or Services. [cite: 20] This most commonly occurs when you:
- Fill out contact forms or inquiry forms on our Site. [cite: 21]
- Request information about our custom digital solutions.
- Communicate with us via email or other channels. [cite: 22]
- Subscribe to newsletters or other marketing communications (with your consent). [cite: 23]
The types of Personal Information you may provide include:
- Full Name
- Email Address
- Phone Number
- Company Name (if applicable)
- Any other information you choose to provide in message fields or during your communications with us (e.g., project inquiries, support requests). [cite: 24]
3.2. Automatically Collected Information (Usage Data)
When you visit our Site, we automatically collect certain information about your device and your interaction with our Site. [cite: 26] This information helps us understand how our Site is used and how we can improve it. [cite: 27] This Usage Data may include:
- Internet Protocol (IP) Address: Your device's unique address on the internet. [cite: 28]
- Browser Type and Version: E.g., Chrome, Firefox, Safari.
- Operating System: E.g., Windows, macOS, Android. [cite: 29]
- Referral Source: The website or link you came from to reach our Site. [cite: 30]
- Pages Viewed: The specific pages you visit on our Site.
- Date and Time of Visit: When you accessed our Site. [cite: 31]
- Length of Visit: How long you spent on our Site and on particular pages. [cite: 32]
- Page Interaction Information: Such as scrolling, clicks, and mouse-overs.
- Methods Used to Browse Away from the Page. [cite: 33]
The comprehensive collection and clear articulation of all categories of data, including passively collected data like IP addresses or cookie-derived information, is fundamental not only for transparency and building user trust but also for compliance with stringent data privacy laws. [cite: 34] Omitting details about any category of collected data could lead to legal non-compliance.
3.3. Information from Cookies and Tracking Technologies
We use Cookies, Google Tag Manager, and similar tracking technologies to collect information about your Browse activities and preferences. [cite: 36] These technologies help us analyze trends, administer the Site, track users' movements around the Site, and gather demographic information about our user base as a whole. [cite: 37]
- Cookies: These are small data files placed on your device that enable various features and functionality. [cite: 38]
- Google Tag Manager (GTM): GTM is a tool that helps us manage various third-party tags (like analytics scripts or advertising pixels) on our Site. [cite: 39] GTM itself does not store personal data but facilitates the collection of data by these other tags, which may use their own Cookies. [cite: 40]
It is possible that information submitted through forms (e.g., an email address) may be correlated with data collected through tracking technologies to create a more complete understanding of user interactions for internal analytics or, with appropriate consent, for personalized communication. [cite: 41] Our commitment to transparency means we acknowledge this potential for data linkage to ensure users are fully informed about how their information might be processed. [cite: 42] A detailed explanation of how we use Cookies and GTM, and how you can manage your preferences, is provided in Section 6 ("Cookies and Tracking Technologies"). [cite: 43]
4. How We Collect Your Information
We collect Personal Information in the following ways:
4.1. Directly From You
You provide us with Personal Information directly when you:
- Complete and submit forms on our Site (e.g., contact forms, service inquiry forms). [cite: 46]
- Subscribe to our newsletters or other communications.
- Correspond with us via email or other direct communication channels.
4.2. Automatically Through Technology
As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, Browse actions, and patterns. [cite: 48] This includes:
- Cookies: Small text files stored on your device that help our Site function effectively, remember your preferences, and analyze website traffic. [cite: 49] We use different types of cookies, including strictly necessary, analytics, functionality, and (if applicable and with your consent) marketing cookies. [cite: 50]
- Google Tag Manager (GTM): We use GTM to manage and deploy various third-party scripts and tags on our Site. [cite: 51] It is important to understand that GTM acts as a container or a management system; [cite: 52] it does not typically store Personal Information itself. Instead, it facilitates the operation of other tags (such as Google Analytics or advertising pixels) that may collect your Usage Data or set their own Cookies. [cite: 53] Your consent choices, managed through our cookie consent mechanism, will determine which of these GTM-managed tags are activated. [cite: 54]
- Log Files: Our web servers may automatically record standard information for system administration, security monitoring, and troubleshooting. [cite: 55] This can include your IP address, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. [cite: 56]
- Web Beacons (or Pixels): Pages of our Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Krynax, for example, to count users who have visited those pages or opened an email and for other related website statistics (e.g., recording the popularity of certain content and verifying system and server integrity). [cite: 57]
Users are often more aware of data they actively provide (like filling a form) than data collected automatically. [cite: 58] Therefore, this policy endeavors to clearly highlight these passive collection methods to ensure full transparency regarding the scope of our data gathering activities. [cite: 59, 60]
5. How We Use Your Information (Legal Basis for Processing)
Krynax uses the Personal Information we collect for various purposes, and we ensure that we have a valid legal basis for each processing activity. [cite: 61] The purposes and their corresponding legal bases are:
- To Provide and Operate Our Services:
- Purpose: To respond to your inquiries submitted via forms, provide information you request about our custom digital solutions, manage our relationship with you (including client accounts if applicable), and fulfill our contractual obligations. [cite: 62]
- Legal Basis: Legitimate interest in responding to inquiries and operating our business; [cite: 63] performance of a contract with you or taking steps at your request prior to entering into a contract. [cite: 64]
- To Improve Our Website and Services:
- Purpose: To analyze Usage Data and information from Cookies to understand how users interact with our Site, identify areas for improvement, enhance website functionality and user experience, and ensure the relevance of our content. [cite: 65]
- Legal Basis: Legitimate interest in improving our offerings and user experience; [cite: 66] Consent for the use of non-essential analytics and performance Cookies. [cite: 67]
- For Communication and Customer Support:
- Purpose: To communicate with you regarding your inquiries, provide updates related to our Services, offer customer assistance, and address any technical issues you may encounter. [cite: 68]
- Legal Basis: Legitimate interest in maintaining good customer relations; performance of a contract. [cite: 69]
- For Marketing and Promotional Purposes:
- Purpose: To send you newsletters, information about new services, special offers, or other marketing communications that we believe may be of interest to you. [cite: 70]
- Legal Basis: Explicit Consent. We will only send you marketing communications if you have opted in to receive them. [cite: 71] You will have the option to unsubscribe or opt-out from these communications at any time. [cite: 72]
- To Comply with Legal Obligations:
- Purpose: To process your Personal Information as required by applicable laws, regulations, court orders, or other legal processes (e.g., for tax purposes, responding to lawful requests from public authorities). [cite: 73, 74]
- Legal Basis: Legal obligation.
- For Security and Fraud Prevention:
- Purpose: To protect the security and integrity of our Site and Services, prevent fraudulent activities, enforce our Terms of Service, and protect our rights and the rights of others. [cite: 75]
- Legal Basis: Legitimate interest in protecting our business and users. [cite: 76]
We are committed to ensuring that our reliance on "legitimate interest" as a legal basis is carefully balanced against your rights and freedoms. [cite: 77] For processing activities that go beyond core service delivery or essential website analytics, such as most forms of marketing or extensive user tracking (often facilitated by tags deployed via GTM), we will rely on your explicit consent. [cite: 78] This distinction is crucial for compliance and respecting your privacy choices. Furthermore, we strive for specificity in our purposes; for instance, "analyzing website traffic to enhance user navigation and content relevance" is a more precise purpose for Usage Data than a general statement like "website improvement," reflecting our commitment to transparency and adherence to data privacy principles. [cite: 79]
6. Cookies and Tracking Technologies (Including Google Tag Manager)
Our Site utilizes cookies and other tracking technologies, including Google Tag Manager (GTM), to enhance your Browse experience, analyze site traffic, and support our service and marketing efforts. [cite: 80]
6.1. Explanation of Cookies
Cookies are small text files that are placed on your computer or mobile device by websites that you visit. [cite: 81] They are widely used to make websites work, or work more efficiently, as well as to provide information to the owners of the site. [cite: 82] Cookies can remember your preferences, help with session management, and allow for the collection of analytical data.
6.2. Explanation of Google Tag Manager (GTM)
Krynax uses Google Tag Manager. [cite: 84] GTM is a tag management system that allows us to quickly and easily update measurement codes and related code fragments known collectively as tags on our website or mobile app. [cite: 85] It is important to note that GTM itself does not set cookies that collect personal information directly or store personal data long-term. [cite: 86] GTM acts as a conduit or a management tool for third-party tags (such as Google Analytics, advertising pixels, etc.). [cite: 87] These third-party tags, which are deployed through GTM, may collect data and set their own cookies. [cite: 88] Our use of GTM is integrated with our consent management practices to ensure that tags requiring consent are only activated if you provide it.
6.3. Types of Cookies Used (via GTM and Directly)
We use or may use the following categories of cookies on our Site:
- Strictly Necessary Cookies: These cookies are essential for the operation of our Site and enable core functionalities such as security, network management, and accessibility. [cite: 90] They are typically set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in, or filling in forms. [cite: 91] You cannot opt out of these cookies, but you can set your browser to block or alert you about them, though some parts of the Site may not function properly as a result. [cite: 92]
- Analytics/Performance Cookies: These cookies, often deployed via GTM (e.g., Google Analytics), allow us to recognize and count the number of visitors and to see how visitors move around our Site when they are using it. [cite: 93] This helps us to improve the way our Site works, for example, by ensuring that users are finding what they are looking for easily. [cite: 94] These cookies collect aggregated and anonymous or pseudonymous information. Your explicit consent is required for these cookies. [cite: 95]
- Functionality Cookies: These cookies are used to recognize you when you return to our Site and enable us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region). [cite: 96] Your explicit consent may be required for these cookies.
- Marketing/Targeting Cookies: These cookies (which may be set through our Site by our advertising partners, potentially via GTM) record your visit to our Site, the pages you have visited, and the links you have followed. [cite: 97] They are used to make advertising displayed on other sites more relevant to your interests, and to measure the effectiveness of advertising campaigns. [cite: 98] If Krynax engages in such practices, your explicit consent will be required for these cookies.
6.4. Purpose of Cookies and Tracking
The purposes for which we use cookies and tracking technologies include:
- Operating and securing our Site. [cite: 100]
- Analyzing Site traffic and user behavior to improve our Site and Services. [cite: 101]
- Remembering your preferences and settings to enhance your user experience. [cite: 102]
- Potentially, for delivering targeted advertising and measuring marketing campaign effectiveness (only with your explicit consent).
6.5. Managing Your Cookie Preferences and Consent
We respect your right to privacy. [cite: 104] When you first visit our Site, you will be presented with a cookie consent banner or tool that allows you to manage your preferences for non-essential cookies. [cite: 105]
- Consent Mechanism: We obtain your explicit opt-in consent for all non-essential cookies (Analytics/Performance, Functionality, and Marketing/Targeting cookies) before they are placed on your device. [cite: 106, 107] Strictly Necessary cookies do not require consent but are disclosed. [cite: 108]
- Granular Control: Our consent management tool provides you with granular control, allowing you to accept or reject specific categories of cookies. [cite: 109]
- Withdrawal of Consent: You can withdraw your consent or change your cookie preferences at any time. [cite: 110] This can usually be done by accessing the cookie settings link available in the footer of our Site or through the settings in our consent management tool. [cite: 111]
- Browser Settings: Most web browsers also allow some control of most cookies through the browser settings. [cite: 112] You can find out how to manage cookies on popular browsers by visiting the browser developer's websites. [cite: 113] Please note that if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our Site. [cite: 114]
Krynax is committed to ensuring that the consent mechanisms for tags managed within GTM are robust. [cite: 115] This often involves utilizing a Consent Management Platform (CMP) and configuring GTM with Google Consent Mode to respect user choices effectively across various deployed tags. [cite: 116] The specific cookies utilized, especially those deployed via GTM, can change over time as we update our analytics and marketing tools. [cite: 117] While this policy describes the categories and purposes, for the most current list of specific cookies, please refer to the detailed cookie declaration available within our cookie consent management tool. [cite: 118]
6.6. Third-Party Cookies
Some cookies deployed on our Site, particularly those for analytics or marketing managed through GTM, may be set by third-party service providers (e.g., Google for Google Analytics). [cite: 119] These third parties collect and use data according to their own privacy policies. [cite: 120] We will identify these third parties in our cookie consent tool and, where feasible, provide links to their privacy policies. [cite: 121]
When discussing "tracking," we aim for precision. If our primary use of analytics is for understanding on-site user behavior to improve our own Site (a first-party context), our language will reflect this. [cite: 122] If any third-party advertising tracking occurs (which would only happen with your explicit consent via GTM-deployed tags), this will be clearly stated. [cite: 123]
7. Sharing and Disclosure of Your Information
Krynax does not sell your Personal Information. We only share or disclose your Personal Information in the circumstances described below: [cite: 124]
- Third-Party Service Providers: We may share your Personal Information with trusted
third-party vendors, consultants, contractors, and other service providers who perform services on our
behalf and require access to such information to do that work. [cite: 125] Examples include:
- Website hosting providers.
- Data analytics providers (e.g., Google Analytics, subject to your cookie consent). [cite: 126]
- Email delivery services (for newsletters or service communications, subject to your consent where applicable).
- Customer Relationship Management (CRM) system providers. [cite: 127]
- Legal Requirements and Law Enforcement: We may disclose your Personal Information if
we are required to do so by law, subpoena, or other legal process, or if we believe in good faith that
such disclosure is necessary to:
- Comply with a legal obligation. [cite: 130]
- Protect and defend the rights, property, or safety of Krynax, our users, or the public. [cite: 131]
- Prevent or investigate possible wrongdoing in connection with the Services. [cite: 132]
- Respond to lawful requests by public authorities, including to meet national security or law enforcement requirements. [cite: 133]
- Business Transfers: In the event that Krynax is involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your Personal Information may be sold or transferred as part of such a transaction as permitted by law and/or contract. [cite: 134] We will notify you of any such change in ownership or control of your Personal Information, as well as any choices you may have regarding your Personal Information. [cite: 135]
- Anonymized or Aggregated Data: We may share or disclose information that has been anonymized or aggregated in such a way that it does not directly identify you. [cite: 136] Such information is not considered Personal Information under this Privacy Policy. [cite: 137] We may use and share this type of data for various purposes, including research, marketing, analytics, or to improve our Services. [cite: 138] This is particularly relevant for how we may present information in case studies, as detailed in the Terms of Service part of this document. [cite: 139]
- With Your Consent: We may disclose your Personal Information for any other purpose with your explicit consent. [cite: 140]
If any of our third-party service providers (such as Google Analytics) process data in countries outside of your jurisdiction (e.g., outside the European Union/European Economic Area for users in those regions), this constitutes an international data transfer. [cite: 141] We will ensure that appropriate safeguards, such as Standard Contractual Clauses or an adequacy decision, are in place for such transfers, as detailed in Section 12 ("International Data Transfers"). [cite: 142]
8. Data Security
Krynax takes the security of your Personal Information seriously and implements reasonable administrative, technical, and physical security measures designed to protect it from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. [cite: 157]
These measures include, but are not limited to:
- Secure Servers and Firewalls: Storing Personal Information on secure servers protected by firewalls. [cite: 158]
- Encryption: Using encryption technologies, such as Secure Socket Layer (SSL)/Transport Layer Security (TLS), for data transmitted to and from our Site. [cite: 159] We also consider encryption for data at rest where appropriate. [cite: 160]
- Access Controls: Limiting access to Personal Information to authorized personnel who have a legitimate business need to access it and who are bound by confidentiality obligations. [cite: 161, 17]
- Regular Security Assessments: Periodically reviewing our security policies and practices to ensure they remain effective and appropriate.
- Incident Response: Having procedures in place to respond to any suspected data security breach. [cite: 163]
Disclaimer: While Krynax implements robust security measures, it is important to understand that no security system is impenetrable, and no method of data transmission over the Internet or method of electronic storage is 100% secure. [cite: 164] Therefore, we cannot guarantee the absolute security of your Personal Information. [cite: 165] Any transmission of Personal Information is at your own risk. [cite: 166]
User Responsibility: Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Site or client portals (if applicable), you are responsible for keeping this password confidential. [cite: 167] We ask you not to share your password with anyone. [cite: 168]
Our commitment to security is an ongoing process, involving regular review and enhancement of our measures in response to evolving threats and technological advancements. [cite: 169] As a provider of custom digital solutions, maintaining high security standards for our own Site and data practices is paramount, as it reflects our capability and diligence in building secure solutions for our clients. [cite: 170]
9. Data Retention
Krynax will retain your Personal Information only for as long as is necessary to fulfill the purposes for which it was collected and processed, as outlined in this Privacy Policy. [cite: 171] This includes retention for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements, or for the duration that your consent remains valid (e.g., for marketing communications). [cite: 172]
Criteria for Determining Retention Periods:
- The nature and sensitivity of the Personal Information: More sensitive data may be kept for shorter periods or subject to stricter controls. [cite: 173]
- The purpose(s) for which we process your Personal Information: We will keep data as long as needed for that specific purpose. [cite: 174]
- The length of time we have an ongoing relationship with you (e.g., as a website visitor, inquiry contact, or client). [cite: 175]
- Whether there is a legal or regulatory obligation to which we are subject (e.g., tax laws, record-keeping requirements). [cite: 176, 18]
- The duration of your consent, where processing is based on consent (e.g., for newsletters). [cite: 177]
- Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).
We will not keep Personal Information for longer than is necessary for the purposes for which it was collected. [cite: 179, 12] While specific retention periods for every type of data are not detailed publicly in this policy due to their dynamic nature, Krynax maintains an internal data retention schedule and procedures based on these criteria. [cite: 180]
Deletion or Anonymization: Once the retention period expires and the Personal Information is no longer required for its collected purpose, we will securely delete or anonymize it in such a manner that it can no longer be associated with you. [cite: 181, 18] Anonymized data may be retained for statistical or research purposes. [cite: 182]
Our data retention practices are also designed to accommodate your rights, such as the right to request deletion of your Personal Information, which we will honor subject to any overriding legal or contractual obligations to retain the data. [cite: 183]
10. Your Privacy Rights
Depending on your location and applicable data protection laws (such as the General Data Protection Regulation (GDPR) in Europe or the California Consumer Privacy Act (CCPA) in California), you may have certain rights regarding your Personal Information. [cite: 184] Krynax is committed to upholding these rights. These rights may include:
- The Right to Access: You have the right to request access to the Personal Information we hold about you and to receive a copy of that information. [cite: 185]
- The Right to Rectification: You have the right to request that we correct any inaccurate Personal Information we hold about you and to have any incomplete Personal Information completed. [cite: 186]
- The Right to Erasure (Deletion or "Right to be Forgotten"): You have the right to request the deletion of your Personal Information under certain circumstances (e.g., if the data is no longer necessary for the purposes for which it was collected, or if you withdraw consent and there is no other legal ground for processing). [cite: 187]
- The Right to Restrict Processing: You have the right to request that we restrict the processing of your Personal Information under certain conditions (e.g., if you contest the accuracy of the data, or if the processing is unlawful). [cite: 188]
- The Right to Object to Processing: You have the right to object to the processing of your Personal Information where it is based on our legitimate interests, or for direct marketing purposes. [cite: 189]
- The Right to Data Portability: You have the right to receive the Personal Information you have provided to us in a structured, commonly used, and machine-readable format, and you have the right to transmit that data to another data controller without hindrance from us, where technically feasible, and where processing is based on consent or contract and carried out by automated means. [cite: 190, 191]
- The Right to Withdraw Consent: Where we rely on your consent as the legal basis for processing your Personal Information (e.g., for marketing communications or non-essential cookies), you have the right to withdraw your consent at any time. [cite: 192] Withdrawing consent will not affect the lawfulness of processing based on consent before its withdrawal. [cite: 193]
- The Right to Lodge a Complaint: You have the right to lodge a complaint with a competent data protection supervisory authority if you believe that our processing of your Personal Information infringes applicable data protection laws. [cite: 194]
How to Exercise Your Rights: To exercise any of these rights, please contact us using the contact details provided in Section 28 ("Contact Us") of this document. [cite: 195]
Verification: Please note that we may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). [cite: 196] This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. [cite: 197]
Response Time: We will endeavor to respond to all legitimate requests within the timeframe required by applicable law (e.g., within one month under GDPR). [cite: 198] Occasionally, it may take us longer if your request is particularly complex or you have made a number of requests. [cite: 199] In this case, we will notify you and keep you updated. [cite: 200]
Krynax has established internal procedures to effectively manage Data Subject Access Requests (DSARs) and other rights requests in a timely and compliant manner. [cite: 201] This operational preparedness is essential to fulfill the commitments made in this policy. [cite: 202] Depending on your primary location, the specific rights available to you might vary. [cite: 203] We aim to apply a high standard of data protection universally, but regional legal requirements will always be respected. [cite: 204]
11. Children's Privacy
Our Site and Services are not directed at or intended for use by children under the age of 16 (or any other age stipulated by applicable law in your jurisdiction for the collection of personal information, e.g., 13 under the Children's Online Privacy Protection Act - COPPA in the United States). [cite: 205] Krynax does not knowingly collect Personal Information from children. If we become aware that we have inadvertently collected Personal Information from a child without verification of parental consent, we will take steps to delete that information from our servers as soon as practicable. [cite: 206]
If you are a parent or guardian and you believe that your child has provided us with Personal Information without your consent, please contact us using the details in Section 28 ("Contact Us"), and we will take steps to remove that information. [cite: 207]
Given that Krynax provides custom digital solutions primarily to businesses, the likelihood of attracting children to our Site is low. [cite: 208] However, this clause is included to ensure compliance with general data protection principles regarding children's data. [cite: 209]
12. International Data Transfers
Your Personal Information may be transferred to, stored, and processed in countries other than your own country of residence, where our servers or our third-party service providers are located. [cite: 210] These countries may have data protection laws that are different from the laws of your country. [cite: 211]
Specifically, if you are located in the European Economic Area (EEA), the UK, or Switzerland, your Personal Information may be transferred to countries outside of these regions, such as the United States, where some of our service providers (e.g., Google for services like Google Analytics, often deployed via GTM) are based. [cite: 212]
When we transfer your Personal Information to countries outside the EEA, UK, or Switzerland, we will ensure that appropriate safeguards are in place to protect your Personal Information in accordance with applicable data protection laws. [cite: 213] These safeguards may include:
- Ensuring the country to which data is transferred has been deemed to provide an adequate level of protection for Personal Information by the European Commission (an "adequacy decision"). [cite: 214]
- Implementing Standard Contractual Clauses (SCCs) approved by the European Commission (or equivalent measures for the UK and Switzerland) with the third party receiving the data. [cite: 215]
- Relying on other valid transfer mechanisms or derogations as permitted by applicable law. [cite: 216]
By using our Site and Services and providing us with your Personal Information, you acknowledge that such transfers of information outside of your country of residence may occur. [cite: 217] We are committed to ensuring that all international transfers are conducted securely and in compliance with legal requirements.
PART II: TERMS OF SERVICE
13. Introduction and Acceptance of Terms of Service
Welcome to Krynax. [cite: 230] These Terms of Service ("Terms") govern your access to and use of the Krynax website (the "Site") and any informational content, materials, or general services offered thereon (collectively, the "Services"). [cite: 231] Krynax ("Krynax," "we," "us," or "our") is a provider of custom digital solutions. [cite: 232]
By accessing or using the Site or Services, you signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (accessible via the link in the footer or at Part I of this document), which is incorporated herein by reference. [cite: 233] If you do not agree to these Terms or the Privacy Policy, you must not access or use the Site or Services. [cite: 234]
Scope of Terms: These Terms apply to your use of the public Site and general informational Services. [cite: 235] The provision of specific "Custom Digital Solutions" (as defined below) to our clients ("Clients") is governed by separate, legally binding agreements, such as a Master Service Agreement ("MSA") and/or Statement(s) of Work ("SOW"). [cite: 236] In the event of any conflict between these Terms and the terms of a specific MSA or SOW entered into with a Client, the terms of the MSA or SOW shall prevail with respect to the subject matter of that agreement. [cite: 237]
It is important for users to distinguish between their role as a general "User" of this Site and a "Client" who has formally engaged Krynax for specific project-based services. [cite: 238] While these Terms set a baseline, the comprehensive obligations and entitlements related to Custom Digital Solutions are detailed in client-specific contractual documentation. [cite: 239]
14. Definition of Krynax Services (Custom Digital Solutions)
Krynax specializes in providing "Custom Digital Solutions." [cite: 240] This term encompasses a range of bespoke services tailored to meet the unique requirements and business objectives of our Clients. [cite: 241] These services generally involve the conceptualization, design, development, testing, implementation, and potentially ongoing support of various digital products and platforms. [cite: 242]
Examples of Custom Digital Solutions may include, but are not limited to:
- Bespoke software application development (web, mobile, desktop). [cite: 243]
- Custom website design and development.
- E-commerce platform development.
- Systems integration.
- Data analytics solutions.
- Cloud-based application development. [cite: 244]
- User experience (UX) and user interface (UI) design.
- Technology consulting related to digital transformation. [cite: 245]
The term "custom" signifies that these solutions are not off-the-shelf products but are meticulously crafted through a collaborative process to align with a Client's specific needs, workflows, and strategic goals. [cite: 246] This involves a detailed process from initial conceptualization through to final implementation and deployment. [cite: 247]
Clarification: The specific scope of work, deliverables, project timelines, payment terms, intellectual property rights, warranties, and other detailed conditions for any Custom Digital Solution provided to a Client will be explicitly defined in a separate, mutually agreed-upon MSA and/or SOW. [cite: 248] These Terms do not, by themselves, constitute an offer or agreement for any specific Custom Digital Solution. [cite: 249] The definition of services provided here is for informational purposes to describe Krynax's general capabilities and should not be interpreted as a guarantee of specific features or outcomes for any custom project outside of a formal MSA/SOW. [cite: 250] Krynax's service offerings may evolve, and this definition is intended to be flexible, with SOWS providing the necessary detail for each engagement. [cite: 251]
15. Use of Our Website and Services
15.1. Permitted Uses
You are permitted to use the Krynax Site and its informational content primarily for the following purposes:
- Learning about Krynax and the Custom Digital Solutions we offer. [cite: 252]
- Reviewing our case studies (subject to the confidentiality provisions herein and in our Privacy Policy), blog posts, and other informational materials. [cite: 253]
- Contacting Krynax to inquire about our services or for other legitimate business communications. [cite: 254]
- Any other purpose explicitly permitted by Krynax in writing.
The use of specific Custom Digital Solutions delivered to Clients will be governed by the terms of the applicable MSA or SOW, which may include more detailed acceptable use policies specific to the delivered software or platform. [cite: 256]
15.2. User Accounts (If Applicable)
If Krynax provides the functionality for Users or Clients to create accounts on the Site (e.g., for a client portal or support system):
- You are responsible for providing accurate and complete information during the registration process. [cite: 257]
- You are responsible for maintaining the confidentiality of your account credentials (username and password). [cite: 258]
- You are fully responsible for all activities that occur under your account. [cite: 259]
- You agree to notify Krynax immediately of any unauthorized use of your account or any other breach of security. [cite: 260] Krynax will not be liable for any loss or damage arising from your failure to comply with these security obligations. [cite: 261]
15.3. User Responsibilities and Conduct
By accessing or using the Site and Services, you agree to:
- Use the Site and Services only for lawful purposes and in accordance with these Terms, our Privacy Policy, and all applicable local, state, national, and international laws and regulations. [cite: 262]
- Provide true, accurate, current, and complete information when requested by Krynax (e.g., through contact forms). [cite: 263, 24]
- Conduct yourself in a professional and ethical manner. [cite: 31]
16. Prohibited Activities
In connection with your use of the Site and Services, you agree that you will not:
- Engage in any activity that is illegal, fraudulent, defamatory, obscene, offensive, or harmful. [cite: 264]
- Violate any applicable local, state, national, or international law or regulation. [cite: 265]
- Infringe upon or violate the intellectual property rights of Krynax or any third party, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. [cite: 266]
- Transmit any viruses, worms, defects, Trojan horses, malware, spyware, or any other items of a destructive or harmful nature. [cite: 267]
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to Krynax. [cite: 268]
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Site or any proprietary software or technology of Krynax, except to the extent that such activities are expressly permitted by applicable law despite this limitation. [cite: 269, 270] This is particularly important for protecting Krynax's technological assets and any demonstration materials presented on the Site. [cite: 271]
- Use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Site or any content. [cite: 272]
- Collect or harvest any personally identifiable information, including account names, from the Site. [cite: 273]
- Use the Site for any commercial solicitation purposes not expressly permitted by Krynax. [cite: 274]
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. [cite: 275]
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by Krynax, may harm Krynax or users of the Site or expose them to liability. [cite: 276]
- Use the Site to send unsolicited messages, spam, or chain letters. [cite: 277]
Consequences of Violation: Krynax reserves the right, in its sole discretion, to investigate any suspected or actual violation of these Prohibited Activities. [cite: 278] We may take any action we deem appropriate, including but not limited to, suspending or terminating your access to the Site and Services without prior notice, and reporting any unlawful activity to law enforcement authorities. [cite: 279] While Krynax reserves these rights, enforcement will typically focus on clear and material breaches of these terms. [cite: 280]
17. Intellectual Property Rights (IPR)
Krynax respects intellectual property rights and expects its users to do the same.
17.1. Krynax's Ownership
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and any pre-existing Krynax materials, tools, frameworks, methodologies, know-how, or proprietary software used in providing the Services or developed independently by Krynax ("Krynax Background IP") are owned by Krynax, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. [cite: 281, 282]
17.2. Client's Pre-Existing Materials
Clients engaging Krynax for Custom Digital Solutions will retain ownership of all intellectual property rights in any materials, data, or other intellectual property they provide to Krynax for use in connection with a project ("Client Pre-Existing IP"). [cite: 283] The Client grants Krynax a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such Client Pre-Existing IP solely for the purpose of performing the Services for that Client as detailed in the applicable MSA or SOW. [cite: 284]
17.3. Ownership of Custom Digital Solutions (Deliverables/Work Product)
For Custom Digital Solutions developed specifically for a Client, the ownership of the intellectual property rights in the final, bespoke deliverables created by Krynax for that Client ("Work Product" or "Foreground IP") will be explicitly defined in the applicable MSA or SOW. [cite: 285]
- Typically, upon full and final payment by the Client for the specific Work Product, the Client will own the intellectual property rights in the unique elements of that Work Product, as commissioned and paid for. [cite: 286]
- It is crucial to understand that any Krynax Background IP (such as Krynax's proprietary code libraries, frameworks, tools, or methodologies) that may be incorporated into or used to create the Work Product remains the property of Krynax. [cite: 287] The Client will be granted a license to use such embedded Krynax Background IP, typically non-exclusive, perpetual, and royalty-free, solely to the extent necessary for the Client to use and operate the specific Work Product delivered to them. [cite: 288] The terms of this license will be detailed in the MSA or SOW. [cite: 289] This distinction is vital to allow Krynax to leverage its foundational technologies efficiently across multiple custom projects without relinquishing ownership of its core, reusable assets. [cite: 290]
- The precise definition of what constitutes the "Work Product" to be owned by the Client (e.g., source code, compiled application, design files, documentation) will be specified in the applicable MSA or SOW. [cite: 291]
17.4. Licenses Granted to Users
- Website Use License: Krynax grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site strictly for your personal, informational, or internal business evaluation purposes, and in accordance with these Terms. [cite: 292] This license does not grant you any rights to Krynax's intellectual property except for this limited right of use. [cite: 293]
- No Implied Licenses: Nothing in these Terms shall be construed as conferring any license to Krynax's intellectual property rights, whether by estoppel, implication, or otherwise, except as expressly set forth herein or in a separate written agreement with Krynax (such as an MSA/SOW). [cite: 294]
17.5. Restrictions on Use
Except as expressly permitted in these Terms or in a separate written agreement with Krynax, you may not:
- Copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site or any Krynax Background IP. [cite: 295, 296]
- Sell, rent, lease, distribute, or otherwise commercially exploit the Site, its content, or any Krynax Background IP. [cite: 297]
- Remove or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
17.6. Trademarks
The Krynax name, the Krynax logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Krynax or its affiliates or licensors. [cite: 299] You must not use such marks without the prior written permission of Krynax. [cite: 300] All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners. [cite: 301]
Krynax must also be mindful of any open-source software (OSS) incorporated into Custom Digital Solutions. [cite: 302] The use of OSS is subject to specific license terms, which must be managed and communicated to Clients as appropriate within MSAs or SOWS to ensure compliance and clarity regarding the IP of the overall solution. [cite: 303]
18. Client Data, Project Confidentiality, and Case Studies
Krynax is committed to protecting the confidentiality of information provided by its Users and, particularly, its Clients. [cite: 304]
18.1. Client's Responsibility for Their Data
If a Client provides data, content, or information (including any personal data of their own customers or users) to Krynax in connection with a project for Custom Digital Solutions ("Client Data"), the Client is solely responsible for such Client Data. [cite: 305] The Client represents and warrants that:
- They own or have all necessary rights, licenses, consents, and permissions to provide and use the Client Data in connection with Krynax's provision of Services. [cite: 306, 39]
- The Client Data and Krynax's use of it as contemplated by the engagement will not infringe upon any third-party rights (including intellectual property, privacy, or publicity rights) or violate any applicable laws or regulations. [cite: 307]
- The Client has obtained all necessary consents from individuals whose personal data may be included in the Client Data for Krynax to process such data for the purpose of providing the Services. [cite: 308]
18.2. Krynax's Obligations Regarding Confidential Client Information and Project Details
Krynax acknowledges that in the course of providing Custom Digital Solutions, it may receive or have access to non-public, proprietary, or confidential information belonging to the Client, including but not limited to project details, business plans, financial information, customer lists, trade secrets, technical data, and any information clearly marked or identified as "confidential" ("Confidential Information"). [cite: 309, 310]
Krynax agrees to:
- Hold all Client Confidential Information in strict confidence. [cite: 311]
- Use Client Confidential Information solely for the purpose of performing the agreed-upon Custom Digital Solutions for that Client, as detailed in the applicable MSA or SOW. [cite: 312]
- Not disclose Client Confidential Information to any third party without the Client's prior written consent, except as may be necessary to its employees, contractors, or agents who have a need to know such information for the purpose of providing the Services and who are bound by confidentiality obligations no less restrictive than those set forth herein. [cite: 313, 43]
- Implement and maintain reasonable administrative, physical, and technical safeguards to protect Client Confidential Information from unauthorized access, use, or disclosure. [cite: 314]
The definition of "Confidential Information" for custom projects is broad and covers not just explicitly marked data but also ideas, unreleased plans, and business processes Krynax becomes privy to during an engagement. [cite: 315, 43]
18.3. Exceptions to Confidentiality
The obligations of confidentiality shall not apply to any information that Krynax can demonstrate:
- Was publicly known at the time of disclosure or subsequently becomes publicly known through no fault of Krynax; [cite: 316]
- Was known by Krynax prior to its disclosure by the Client, free of any obligation of confidence; [cite: 317]
- Is received from a third party who had a lawful right to disclose it and who did not require Krynax to hold it in confidence; [cite: 318] or
- Is independently developed by Krynax without use of or reference to the Client's Confidential Information. [cite: 319]
Krynax may also disclose Confidential Information to the extent required by applicable law, regulation, or court order, provided that Krynax (if legally permitted) gives the Client prompt written notice of such requirement to allow the Client to seek a protective order or other appropriate remedy. [cite: 320]
18.4. Duration of Confidentiality
The obligations of confidentiality with respect to Client Confidential Information shall survive the termination or expiration of any agreement between Krynax and the Client. [cite: 321, 42]
18.5. Case Studies: Purpose and Policy on Use of Information
From time to time, Krynax may develop and present case studies to demonstrate our expertise, showcase the types of custom digital solutions we provide, illustrate successful project outcomes, and offer valuable insights for educational or marketing purposes. [cite: 144, 331] Krynax is strongly committed to maintaining the confidentiality of our clients' information and any sensitive project details entrusted to us. [cite: 143, 332]
It is our strict policy that:
- All information considered for use in case studies undergoes a rigorous process of anonymization, aggregation, or fictionalization to ensure no specific Client or sensitive, identifiable project details can be discerned. [cite: 146, 333] This involves removing or altering names, locations, specific dates, unique personal or business circumstances, and generalizing technical details. [cite: 147]
- Client names, direct contact information, logos, proprietary algorithms, confidential business strategies, financial data, or any other information that could directly or indirectly identify a client or a confidential aspect of their specific project will not be revealed in publicly available case studies or other marketing materials unless we have obtained explicit, prior, and specific written consent from the client for that specific disclosure and use. [cite: 148, 149, 150, 334, 335]
- Case studies focus on the general challenges addressed, the nature of the custom digital solutions implemented in a conceptual sense, the methodologies used, and the positive impacts or outcomes achieved, rather than detailing specific, confidential operational details of our clients. [cite: 151, 336]
- In the rare event that any information that might be considered even remotely identifiable (even if generalized) is contemplated for use, Krynax will always seek explicit, prior written consent from the client for that specific use. [cite: 152]
The definition of "sensitive project details" for custom digital solutions can be broad and unique to each client. Krynax acknowledges this complexity and adopts a conservative approach to anonymization. [cite: 153, 154] While this document outlines our public stance, our contractual agreements (such as MSAs or SOWs) with clients will contain more detailed and specific confidentiality obligations. [cite: 156, 338] The default position is the protection of Client identity and project-specific confidential details through rigorous anonymization. [cite: 339]
Krynax ensures that its own employees and any subcontractors engaged in delivering services are bound by confidentiality obligations consistent with the commitments made to Clients. [cite: 323, 324]
19. Payment Terms (General Statement)
The fees, payment schedules, and other financial terms applicable to the provision of Custom Digital Solutions by Krynax to a Client will be specifically detailed in the individual MSA and/or SOW entered into between Krynax and the Client. [cite: 325, 22]
These Terms of Service do not set forth specific pricing for Custom Digital Solutions, as such pricing is dependent on the unique scope, complexity, and requirements of each project. [cite: 326] If Krynax offers any general services or products for purchase directly through the Site (e.g., pre-packaged consultations, downloadable resources), the specific payment terms, accepted methods of payment, and responsibility for applicable taxes for such direct purchases will be clearly presented at the point of transaction. [cite: 327, 33] Unless otherwise stated for such direct purchases, all fees are due as specified and are non-refundable. [cite: 328]
The detailed payment structures, invoicing procedures, and consequences for late payments related to Custom Digital Solutions are complex and project-specific, and therefore are appropriately addressed within the comprehensive contractual framework of an MSA/SOW rather than this general website ToS. [cite: 329]
20. Disclaimers of Warranties
20.1. Website and General Information "As Is"
THE KRYNAX SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND GENERAL SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. [cite: 340]
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, KRYNAX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. [cite: 341] KRYNAX DOES NOT WARRANT THAT:
- THE SITE OR ITS CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, OR ERROR-FREE. [cite: 342]
- THE SITE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. [cite: 343, 34]
- ANY DEFECTS OR ERRORS ON THE SITE WILL BE CORRECTED. [cite: 344]
ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.
20.2. Custom Digital Solutions Warranties
ANY WARRANTIES APPLICABLE TO SPECIFIC CUSTOM DIGITAL SOLUTIONS PROVIDED BY KRYNAX TO A CLIENT WILL BE EXCLUSIVELY AND EXPRESSLY SET FORTH IN THE RELEVANT MASTER SERVICE AGREEMENT (MSA) OR STATEMENT OF WORK (SOW) ENTERED INTO BETWEEN KRYNAX AND THAT CLIENT. [cite: 345, 346]
THESE WEBSITE TERMS OF SERVICE DO NOT PROVIDE OR IMPLY ANY WARRANTIES FOR SUCH CUSTOM DIGITAL SOLUTIONS. [cite: 347] Krynax often disclaims implied warranties such as "fitness for a particular purpose" for custom-developed solutions even within MSAs, unless the Client has explicitly detailed that purpose and Krynax has specifically agreed in writing to meet it, as the Client ultimately best understands their unique operational needs and objectives. [cite: 348]
It is essential to differentiate between the disclaimers applicable to the general informational content of the Site and any specific contractual warranties that Krynax may agree to provide for its paid, custom-developed solutions, which will always be documented in separate client agreements. [cite: 349]
21. Limitation of Liability
21.1. Exclusion of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KRYNAX, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:
- (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR GENERAL SERVICES; [cite: 350]
- (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; [cite: 351]
- (III) ANY CONTENT OBTAINED FROM THE SITE;
- (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; [cite: 352] OR
- (V) ANY OTHER MATTER RELATING TO THE SITE OR GENERAL SERVICES.
21.2. Cap on Liability (Site and General Services)
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, KRYNAX IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY GENERAL SERVICES OR CONTENT PROVIDED THEREON, KRYNAX'S TOTAL AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED ONE HUNDRED U.S. DOLLARS (\$100.00 USD). [cite: 353, 354]
21.3. Custom Digital Solutions Liability
THE LIMITATIONS OF LIABILITY AND ALLOCATION OF RISK CONCERNING SPECIFIC CUSTOM DIGITAL SOLUTIONS PROVIDED BY KRYNAX TO A CLIENT WILL BE EXCLUSIVELY GOVERNED BY THE TERMS OF THE RELEVANT MASTER SERVICE AGREEMENT (MSA) OR STATEMENT OF WORK (SOW) ENTERED INTO BETWEEN KRYNAX AND THAT CLIENT. [cite: 355, 356] Such agreements will typically contain different liability caps and provisions tailored to the specific nature, value, and risks of the project. [cite: 357]
21.4. Basis of the Bargain and Exclusions
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KRYNAX AND YOU. [cite: 358] SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. [cite: 359] ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW. [cite: 360] FOR EXAMPLE, THESE LIMITATIONS MAY NOT APPLY IN CASES OF KRYNAX'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, IF SUCH DISCLAIMERS ARE NOT PERMITTED UNDER THE GOVERNING LAW. [cite: 361, 48]
The enforceability of broad liability limitations is subject to legal scrutiny, and the "maximum extent permitted by law" phrasing acknowledges these boundaries. [cite: 362] The risk profile associated with the development and deployment of complex Custom Digital Solutions is significantly different from that of general website usage. [cite: 363] Therefore, the liability framework for client projects, as detailed in MSAS/SOWs, will reflect a more nuanced and typically negotiated allocation of risk appropriate to the specific engagement. [cite: 364]
22. Indemnification
You agree to defend, indemnify, and hold harmless Krynax, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms of Service; [cite: 365]
- Your use of the Site or Services, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms; [cite: 366]
- Your provision of any Client Data or other information that infringes any intellectual property or other right of any person or entity, or violates any applicable law; [cite: 367] or
- Your willful misconduct or negligence.
Krynax reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Krynax in asserting any available defenses. [cite: 368] You agree not to settle any matter without the prior written consent of Krynax. [cite: 369]
While these Terms provide for unilateral indemnification by the User to Krynax for general Site use, it is important to note that MSAs or SOWs for Custom Digital Solutions often include mutual indemnification provisions. [cite: 370] For example, Krynax might indemnify a Client against claims that the custom software developed by Krynax infringes third-party intellectual property rights, while the Client might indemnify Krynax against claims arising from Client-provided materials or the Client's use of the solution in a manner not intended. [cite: 371]
23. Term and Termination
23.1. Term
These Terms of Service are effective and commence upon your first access to or use of the Site or Services and will remain in full force and effect while you use the Site or Services, or until terminated by either you or Krynax. [cite: 372]
23.2. Termination by Krynax
Krynax reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Site or Services at any time, with or without notice, for any reason or no reason, including, without limitation, if Krynax believes that you have violated or acted inconsistently with the letter or spirit of these Terms. [cite: 373]
23.3. Termination by User
You may terminate these Terms at any time by ceasing all use of the Site and Services. [cite: 374] If you have an account with us (if applicable), you may also be able to terminate your account through the account settings or by contacting us. [cite: 375]
23.4. Effect of Termination
Upon termination of these Terms for any reason:
- Your right to access and use the Site and Services will immediately cease. [cite: 376]
- Krynax may, in its sole discretion and without liability to you, delete any information or content associated with your use (if applicable). [cite: 377]
23.5. Survival
The provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions (Section 17: Intellectual Property Rights), confidentiality obligations (Section 18: Client Data, Project Confidentiality, and Case Studies, as applicable to information received), warranty disclaimers (Section 20: Disclaimers of Warranties), indemnification (Section 22: Indemnification), limitations of liability (Section 21: Limitation of Liability), governing law and dispute resolution provisions (Section 24: Governing Law and Dispute Resolution), and general provisions (Section 26: General Provisions). [cite: 378] The survival of these clauses is critical to ensure that Krynax's core protections and rights (such as IP ownership and limitations on liability) remain effective even after a User's active engagement with the Site ends.
24. Governing Law and Dispute Resolution
24.1. Choice of Law
These Terms of Service and any dispute or claim arising out of, or related to, them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of [Insert State, e.g., Delaware] in the United States of America, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of [Insert State, e.g., Delaware]. [cite: 380, 381] (Krynax: You must fill in your chosen state.) The selection of a specific jurisdiction is a strategic decision that should be made based on familiarity with its laws and convenience for Krynax. [cite: 382]
24.2. Dispute Resolution Process
Krynax is committed to resolving disputes amicably and efficiently. [cite: 383]
- Informal Negotiation: In the event of any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, the parties shall first attempt to resolve the dispute informally by good faith negotiations. [cite: 384] You agree to contact Krynax at the contact information provided in Section 28 ("Contact Us") to initiate such negotiations. [cite: 385]
- Binding Arbitration: If the dispute cannot be resolved through informal negotiation within thirty (30) days from the date the notice of dispute is received, then either party may elect to have the dispute (except for disputes specifically excluded below) finally and exclusively resolved by binding arbitration. [cite: 386] Any election to arbitrate by one party shall be final and binding on the other. [cite: 387] The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules (or other appropriate AAA rules). [cite: 388] The arbitration shall take place in [Insert City, State, e.g., Wilmington, Delaware], unless another location is mutually agreed upon. [cite: 389] (Krynax: Fill this in.) The arbitration shall be conducted by a single arbitrator, and the language of the arbitration shall be English. [cite: 390] Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. [cite: 391] Opting for arbitration can offer benefits such as speed and reduced cost compared to traditional litigation, but it also involves waiving the right to a court trial and limiting appeal options. [cite: 392]
- Exceptions to Arbitration: Notwithstanding the foregoing, disputes concerning the infringement or misappropriation of Krynax's intellectual property rights, or seeking injunctive or other equitable relief, may be brought in the state or federal courts located in [Insert City, State, e.g., Wilmington, Delaware], and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. [cite: 393] (Krynax: Fill this in.)
- Venue/Jurisdiction for Court (if arbitration not used or for enforcement): If arbitration is not elected or is otherwise inapplicable, or for the purpose of enforcing an arbitration award, any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site/Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of [Insert State] in each case located in the City of [Insert City] and County of [Insert County]. [cite: 394, 395] (Krynax: Fill these in.) You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. [cite: 396]
24.3. Waiver of Class Action
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND KRYNAX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. [cite: 397] Further, unless both you and Krynax agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. [cite: 398]
25. Third-Party Links
The Krynax Site may contain links to third-party websites, services, or resources that are not owned or controlled by Krynax. [cite: 407] These links are provided for your convenience and informational purposes only. [cite: 408] Krynax has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third-party websites or services. [cite: 409, 410] You further acknowledge and agree that Krynax 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 the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. [cite: 411]
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. [cite: 412] The inclusion of any link does not imply endorsement by Krynax of the site or any association with its operators. [cite: 413] Linking to a third-party site can sometimes be misconstrued as an endorsement; [cite: 414] this disclaimer helps mitigate that risk by clarifying that links are provided for convenience and do not necessarily signify Krynax's recommendation or sponsorship. [cite: 415]
26. General Provisions
- Severability: If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of the Terms will continue in full force and effect. [cite: 416]
- Waiver: No waiver by Krynax of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Krynax to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. [cite: 417]
- Entire Agreement: These Terms of Service, together with our Privacy Policy and any other legal notices or terms published by Krynax on the Site, constitute the sole and entire agreement between you and Krynax regarding your use of the Site and general informational Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. [cite: 418] For Clients engaging Krynax for Custom Digital Solutions, the applicable MSA and/SOW(s) will supplement and, where specified, supersede these general Terms with respect to the specific services covered by such agreements. [cite: 419]
- Assignment: You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Krynax. [cite: 420] Any attempted assignment or transfer in violation of this provision will be null and void. [cite: 421] Krynax may assign or transfer its rights and obligations under these Terms, in whole or in part, to any third party at its sole discretion without restriction. [cite: 422]
- Force Majeure: Krynax shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Krynax's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. [cite: 423, 424]
- Headings: The section headings used in these Terms are for convenience only and shall not be given any legal import or affect the interpretation of these Terms. [cite: 425]
- No Agency, Partnership, or Joint Venture: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Krynax in any respect whatsoever. [cite: 426]