July 2, 2019 V 3.1

TERMS AND CONDITIONS FOR DEALERSHIPS

Last updated: July 2, 2019 V 3.1

These terms and conditions (“Terms”) cover your use  and access to the products, services, software, platform and websites (collectively, “Services”) provided by myKaarma®️ (a dba of Kaarya LLC) as a dealership or employee of a dealership (dealer) customer of myKaarma. By using our Services, you agree to be bound by the Terms as well as our Privacy Policy. If you are using our Services as the employee or agent of an organization, you are agreeing to these Terms on behalf of the organization.

PLEASE READ ALL TERMS AND CONDITIONS AND THE ACCEPTABLE USE POLICY.

myKaarma STRONGLY RECOMMENDS THAT YOU PRINT AND SAVE THESE TERMS AND

CONDITIONS OF USE FOR FUTURE REFERENCE.

GENERAL SCOPE OF SERVICES

The myKaarma Services may include: myKaarma payments, including the payment services provided through myKaarma partner dealership merchant accounts including point of sale, mobile and online payment services; myKaarma Customer Interaction Management including online, email, and mobile (SMS and MMS) messaging management; the myKaarma vehicle service appointment scheduling system; the myKaarma Tablet Vehicle Check-in System; myKaarma dealership portal online administration; service technician videos and any other features, tools, applications, materials, or other services offered by myKaarma.

In addition to the acceptable use policy and terms and conditions provided here, when you use any current or future myKaarma Services (e.g., mobile payments, appointment scheduling, dealership-customer communication services, service technician videos, credit card and debit card purchases, payment services offered through myKaarma affiliated services) as an employee or agent of a dealership or other entity, you may be subject to the dealership’s, dealership group’s or original equipment (“OEM”) rules for employees and management, as well as Federal and State laws and regulations, including regulations governing consumer facing businesses such as those governing automotive repair; telecommunications, such as the Telephone Consumer Protection Act (“TCPA”); CAN-SPAM governing business to consumer email; employment laws, rules and guidelines; payment card laws, regulations and guidelines such as the Payment Card Industry Data Security Standard (“PCI-DSS”); and privacy laws protecting the personal identifiable information of consumers including the California Consumer Privacy Act (“CCPA”), the US Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (“TRACED”)  and the Canadian PIPEDA  .

For myKaarma support go to support@mykaarma.com or telephone myKaarma support at (562) 349-1367.

ACCEPTABLE USE POLICY

Our Services include a large number of what are collectively called “Communications Services.” These include services provided through the myKaarma Customer Interaction Management platform which includes text messaging, email, and telephonic voice communications.  You agree to use the Communication Services only to send and receive messages or materials proper to and related to the particular Communication Service.

When using any of myKaarma’s Communication Services, including Technician Videos, you agree that you will not do any of the following:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including customers of your dealership.
  2. Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
  3. Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices.
  4. Upload or send files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity except when you own or control the necessary rights, or you have received all necessary consents to do so.
  5. Upload or send corrupted files, files that contain viruses, or any other files that may damage the operation of another’s computer.
  6. Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service specifically allows such activity.
  7. Restrict or inhibit any other user from using and enjoying the Communication Services.
  8. Harvest or otherwise collect personally identifiable information about others, without their consent.
  9. Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
  10. Violate any applicable laws or regulations.

Although myKaarma has no obligation to monitor the Communication Services, we reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. myKaarma reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

No Unlawful or Prohibited Use

Dealership, customer, and myKaarma proprietary information stored on electronic and computing devices whether owned or leased by the individual, entity, the employee or a third party, remains the sole property of the respective party.  You have a responsibility to promptly report the theft, loss or unauthorized disclosure of proprietary information. You may access, use or share proprietary information only to the extent it is authorized and necessary to fulfill your assigned job duties.

Unacceptable Uses

The following activities are, in general, prohibited when using myKaarma services. Designated employees may be exempted from certain restrictions during the course of their legitimate job responsibilities (e.g., systems administration staff may have a need to disable the network access of a host if that host is disrupting production services).

Under no circumstances is an employee using myKaarma Services authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing myKaarma Services.. The listed prohibited uses below are by no means exhaustive, but attempt to provide a framework for activities which fall into the category of unacceptable use.

  1. Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed.
  2. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music, and the installation of any copyrighted software for which or the end user does not have an active license is strictly prohibited.
  3. Accessing proprietary, personal, or confidential data, server or an account for any purpose other than conducting business, even if you have authorized access, is prohibited.
  4. Introduction of malicious programs into the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.).
  5. Revealing your account password to others or allowing use of your account by others.
  6. Using a computing asset to actively engage in procuring or transmitting material that is in violation of sexual harassment or hostile workplace laws in the user’s local jurisdiction.
  7. Making fraudulent offers of products, items, or services originating from any account.
  8. Effecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access, unless these duties are within the scope of regular duties. For purposes of this section, “disruption” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes.
  9. Circumventing user authentication or security of any host, network or account.
  10. Providing information about, or lists of, employees to parties outside the applicable organization (e.g. dealership).
  11. Sending unsolicited email or text messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material (email and text spam).  
  12. Unauthorized use, or forging, of email header information.
  13. Creating or forwarding “chain letters”, “Ponzi” or other “pyramid” schemes of any type.

Dealership Merchant User Security Compliance

You, a (“Merchant User”), as an employee or agent of a dealership or other entity using myKaarna Services for providing services for consumers, you agree to comply with accepted industry standard practices for workstation and server security, including the timely installation of all software, hardware, firewall and operating system security updates or patches and other industry practices recommended by institutions such as the National Institute of Security and Technology (“NIST”) and under regulations such as the Sarbannes-Oxley Act (“SOX”) and the Gramm Leach Bliley Act (“GLBA”).  Merchant users of myKaarma payment services agree to maintain records of all devices and device inspections for all point of sale devices employed as part of the myKaarma payment Services.  All myKaarma merchants are required to be PCI compliant in accordance with their applicable merchant PCI classification in order to process payments with myKaarma payment Services.  These requirements vary according to the myKaarma payment services used by each merchant and additional requirements may apply to individual merchants, such as may be required by their payment or gateway processor, merchant bank, accepted card brands and the point of sale devices in use by the merchant. Additional financial and security contractual requirements or government regulations may apply for certain merchant jurisdictions, including Canada. Merchants and merchant employees are solely responsible for any security breach or service disruption which is the result of negligence on the part of the merchant or any merchant employee.  

Merchant users also to protect the security systems of devices which access, process or store any personally identifiable information (“PII”) of consumers, including compliance with the California Consumer Privacy Protection Act (“CPPA”), the US Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (“TRACED”)and if applicable, the Canadian Personal Information Protection and Electronics Documents Act (“PIPEDA”).

APP PERMISSIONS

When you use apps created by myKaarma, such as the myKaarma communications platform and notifier apps, you may grant certain permissions to us for your device.  Mobile devices may provide you with information about these permissions.

INTELLECTUAL PROPERTY RIGHTS

myKaarma retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, patents, trade secrets, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to:

  1. Reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services;
  2. Sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or
  3. Circumvent or disable any security or technological features of our products and services.

The design, text, graphics and selection and arrangement thereof and services and the legal forms, documents, guidance and all other content found on our website, application, and web application (“Service Content”) are copyright myKaarma. All rights reserved.

myKaarma®️, Kaarma and myKaarma.com are trademarks of myKaarma. These and any other myKaarma products or service names or slogans displayed on myKaarma products are trademarks of myKaarma. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of myKaarma is the service mark, trademark and/or trade dress of myKaarma and you may not copy, imitate or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of myKaarma’s trademarks displayed on our website. All goodwill generated from the use of myKaarma’s trademarks is reserved for the use of myKaarma, exclusively.

Various products, methods, designs and features of the myKaarma Services are patented or patent pending, including the myKaarma online scheduler.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE MYKAARMA APP, THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND RELATED SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MYKAARMA APP ARE PROVIDED BY MYKAARMA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MYKAARMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MYKAARMA APP, THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR RELATED SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MYKAARMA APP AND RELATED SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MYKAARMA APP AND RELATED SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MYKAARMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MYKAARMA DOES NOT WARRANT THAT THE MYKAARMA APP, THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER RELATED SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MYKAARMA APP; MYKAARMA SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM OR THROUGH MYKAARMA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYKAARMA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE MYKAARMA APP, THE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR RELATED SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MYKAARMA APP AND RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By using any of myKaarma Services, including as detailed above, you agree that the laws of the United States and the State of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and myKaarma.

INDEMNIFICATION BY DEALERSHIP

Dealership shall have a duty to defend, indemnify, and hold harmless myKaarma, its subsidiaries, and their respective directors, officers, employees, and agents from and against all actions, causes of action, liabilities, claims, suits, judgments, liens, awards, and damages, of any kind and nature whatsoever, for claims by any Dealership customer against Dealership, or myKaarma, or both, for any action actually taken by any employee of Dealership or alleged by Dealership customer to be taken by any employee of the Dealership.  Duty to defend and indemnify myKaarma by Dealership shall commence upon the date of any claim against by any Dealership customer against Dealership, or myKaarma, or both under circumstances identified above and herein, and will include all expenses, costs of litigation (including without limitation clerk, paralegal, and expert witness costs), and reasonable attorneys’ fees related thereto or incident to establishing the right to indemnification or duty to defend, whether or not specifically awardable under any court rules, arising out of or in any way related to the performance of the myKaarma platform, or its employees, including without limitation the provision of services, personnel, facilities, equipment, support, supervision, or review. In no event shall Dealership’s obligations hereunder be limited to the extent of any insurance available to or provided by the Dealership.  Such claims by any customer of Dealership include but are not limited to claims arising out of or related to any violation by any Dealership employee of the myKaarma Terms and Conditions for Dealerships and Acceptable Use Policy herein, the Telephone Communication Privacy Act, the CAN-SPAM Act, US state laws governing commercial text messaging and telephone communications, the US Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED), the California Consumer Privacy Act (CCPA) and the Canada's Personal Information Protection and Electronic Documents Act (PIPEDA).

MODIFICATION AND SEVERABILITY OF TERMS

Please review our other policies, such as our Privacy Policy. We reserve the right to make changes to our policies, and these Terms at any time. Except as otherwise required by applicable law, our only notification will consist of posting a new version of the Terms. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms.

myKaarma is a dba of Kaarya, LLC, a Delaware Limited Liability Company.

Kaarya, LLC

100 W. Broadway Suite 300

Long Beach CA, 90802