Privacy Policy

MOBILE APP TERMS OF USE, Kello Labs Limited

General

By installing the App (as defined below), you agree to be bound by these terms of use (the “Terms of Use”). Please review them carefully before installation and/or acceptance.

Definitions

The "App" shall mean Kello | Sleep Training Alarm Clock, the software provided by Kello Labs Limited to offer services related to Companion app to setup and operate Kello Sleep Trainer device, to be used on Android devices and any upgrades from time to time and any other software or documentation which enables the use of the App.

Data Protection

Any personal information you supply to Kello Labs Limited when using the App will be used by Kello Labs Limited in accordance with its Privacy Policy.

The App

The App allows you to access certain functionalities available on the Kello Labs Limited website. Such access will be governed by the Kello Labs Limited Website Terms of Use.

Proprietary Rights and Licence

5.1

All trade marks, copyright, database rights, and other intellectual property rights of any nature in the App together with the underlying software code are owned directly either by Kello Labs Limited or by Kello Labs Limited’s licensors.

5.2

Kello Labs Limited hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the App for your business and personal use in accordance with these Terms of Use.

Conditions of Use

6.1

You will not, nor allow third parties on your behalf to:

(a)

make and distribute copies of the App;

(b)

attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the App; or

(c)

create derivative works of the App of any kind whatsoever.

6.2

The App is currently made available to you free of charge for your personal, non-commercial use. Kello Labs Limited reserves the right to amend or withdraw the App or charge for the App or service provided to you in accordance with these Terms of Use at any time and for any reason.

6.3

You acknowledge that the terms of agreement with your respective mobile network provider (the “Mobile Provider”) will continue to apply when using the App. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or for any such third party charges as may arise. You accept responsibility for any such charges that arise.

6.4

If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

Availability

7.1

This App is available to handheld mobile devices running Android. Kello Labs Limited will use reasonable efforts to make the App available at all times. However, you acknowledge the App is provided on the Internet and on mobile networks, so the quality and availability of the App may be affected by factors outside Kello Labs Limited’s reasonable control.

7.2

Kello Labs Limited, its group of companies, and its sub-contractors do not accept any responsibility whatsoever for unavailability of the App or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.

7.3

Kello Labs Limited will not be responsible for any support or maintenance for the App.

System Requirements

8.1

In order to use the App, you are required to have a compatible mobile telephone or handheld device, Internet access, and the necessary minimum specifications (the “Software Requirements”).

8.2

The Software Requirements are as follows: The app requires iOS 8 (or later) and Android 4.4 (or later).

8.3

The version of the App software may be upgraded from time to time to add support for new functions and services.

Termination

9.1

Kello Labs Limited may terminate use of the App at any time by giving notice of termination to you.

9.2

Upon any termination:

(a)

the rights and licences granted to you herein shall terminate; and

(b)

you must cease all use of the software.

Limitation of Liability

10.1

In no event will Kello Labs Limited be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to the App, including loss of profit or the like whether or not in the contemplation of the parties or whether based on breach of contract, tort (including negligence), product liability, or otherwise.

10.2

Kello Labs Limited is not liable to you for any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices, or mobile telephones, as a result of the installation or use of the App.

10.3

Nothing in these Terms of Use shall exclude or limit Kello Labs Limited’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under the applicable law.

Disclaimer of Warranties

To the maximum extent permitted by law, and for the avoidance of doubt, Kello Labs Limited hereby disclaims all implied warranties with regard to the App. The App and software are provided "as is" and "as available" without warranty of any kind.

Governing Law and Jurisdiction

This Terms of Use shall be governed by the laws of the Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.

For any query, please contact Gregoire Markarian at NA or email to hello@getkello.com.

MOBILE APP PRIVACY POLICY

This Privacy Policy governs your use of the software application: Kello | Sleep Training Alarm Clock (the "Mobile Application") for mobile devices that was created by Kello Labs Limited. The Mobile Application is Kello | Sleep Training Alarm Clock is the companion app for Kello Sleep Training device. Kello | Sleep Training Alarm Clock is need to setup Kello and operate Kello devices.

Kello Labs Limited and/or its subsidiary(ies) and/or affiliates (hereinafter collectively referred to as the "Company") pledges to meet fully with the requirements of Cap 486 of the Personal Data (Privacy) Ordinance of the Laws of the Hong Kong Special Administrative Region. In doing so, the Company will ensure compliance by its staff to the strictest standards of security and confidentiality in respect of all personal information and data submitted by users via www.getkello.com, its sub-domains, and any other websites, media platforms, or applications including the Mobile Application operated by the Company (hereinafter collectively referred to as the "Channels") and the Company will not release such information to anyone without the prior consent of the relevant user(s) of the Channels (whether registered or not) (the "User" or the "Users"), except to the authorised persons listed in Paragraph 3 below.

Users are strongly recommended to read this Privacy Policy carefully in order to understand the Company’s policy and practices with regard to the treatment of personal information and data provided by Users on the Channels. This Privacy Policy is applicable to both registered and non-registered Users, and the provisions herein may be updated, revised, varied, or amended from time to time as the Company deems necessary.

If Users have questions or concerns regarding this Privacy Policy, they should first contact the Customer Service Representative of the Company's Customer Service Department at 93568381 or email to hello@getkello.com.

Purpose of Collection of Personal Data

1.1

In the course of using the Channels, Users may disclose or be asked to provide personal information and/or data. In order to benefit from and enjoy the various services offered by the Channels, it may be necessary for Users to provide the Company with their personal information and/or data. Although Users are not obliged to provide the information and/or data as requested on the Channels, the Company will not be able to render certain services on the Channels in the event that Users fail to do so.

1.2

The Company's purposes for collection of information and data on the Channels include but are not limited to the following:

(a)

to perform the daily operation of the services provided to Users;

(b)

to identify Users who have viewed the Information posted on the Channels;

(c)

to identify Users who have enjoyed their benefits as members of the Channels by receiving and using marketing and promotional materials;

(d)

to allow members of the Channels to enjoy their benefits as members by enrolling for special events hosted by the Company;

(e)

to enable the Company to select and present information that matches the needs of Users or to create personalised contents;

(f)

to design and provide products and services to Users in relation to the above purposes;

(g)

to compile and analyse aggregate statistics about Users’ use of the Channels and service usage by Users for the Company’s internal use; and

(h)

to facilitate the Company use of Users' personal data for purposes relating to the provision of services offered by the Company and marketing services, special events, and/or promotions of the Company and/or its clients.

1.3

The Company strives to collect only personal data which is necessary and adequate but not excessive in relation to the purposes set out above.

1.4

If the User is under the age of four (4), the Company strongly recommends that he or she seeks prior consent from a parent or guardian, who may contact the responsible personnel of the Company at hello@getkello.com to register the User as member of the Channels.

1.5

If the Company requires the User’s personal data for a purpose other than those set out hereinabove, the Company may request the User’s prescribed consent to the same. If the User is a minor, the prescribed consent should be given by his or her parent or guardian.

Collection of Personal Data

2.1

The Company may collect personal information and/or data about the User, such as his or her name, login ID and password, address, email address, phone number, age, sex, date of birth, country of residence, nationality, education level, and work experience that is not otherwise publicly available. Occasionally, the Company may also collect additional personal information and/or data from the User in connection with contests, surveys, or special offers.

2.2

Only duly authorised staff of the Company will be permitted to access the User’s personal information and data, and the Company shall not release such personal information and data to any third parties save and except for the circumstances listed out under the Paragraph 3 entitled "Disclosure or Transfer of Data".

Disclosure or Transfer of Data

3.1

The Company agrees to take all practicable steps to keep all personal information and data of Users confidential and/or undisclosed, subject to the following conditions.

Generally speaking, the Company will only disclose and/or transfer the User’s personal information and/or data to the Company’s personnel and staff for the purpose of providing services to the User. However, the Company may disclose and/or transfer such information and/or data to third parties under the following circumstances:

(a)

where the information and/or data is disclosed and/or transferred to any third party suppliers or external service providers who have been duly authorised by the Company to use such information and/or data and who will facilitate the services on the Channels, under a duty of confidentiality;

(b)

where the information and/or data is disclosed and/or transferred to any agents or associates of the Company who have been duly authorised by the Company to use such information and/or data;

(c)

where the Company needs to protect and defend its rights and property;

(d)

where the Company considers necessary to do so in order to comply with the applicable laws and regulations, including without limitation compliance with a judicial proceeding, court order, or legal process served on the Channels; and

(e)

where the Company deems necessary in order to maintain and improve the services on the Channels.

3.2

Personal data collected via the Channels may be transferred, stored, and processed in any country in which the Company operates. By using the Channels, the User is deemed to have agreed to, consented to, and authorised the Company to disclose and/or transfer his or her personal information and data under the circumstances stated above, as well as to any transfer of information (including the Information) outside of the User’s country.

Subscription to Newsletter, Promotional Materials, or Marketing Materials

4.1

The Company may from time to time send to members and Users of the Channels newsletters, promotional materials, and marketing materials based on the personal information and data that they have provided to the Company. The Company may use the User’s data in direct marketing and the Company requires the User’s consent (which includes an indication of no objection) for that purpose. In this connection, please note that:

(a)

the name, login ID and password, contact details, age, sex, date of birth, country of residence, nationality, education level, and work experience of the User held by the Company from time to time may be used by the Company and/or its authorised personnel or staff in direct marketing;

(b)

the following classes of services, products, and subjects may be marketed:

(i)

News about Kello products;

(ii)

products and services offered by the Company and its advertisers (the names of such entities can be found in the relevant advertisements and/or promotional or marketing materials for the relevant products and services, as the case may be); or

(iii)

donations and contributions for charitable and/or non-profit making purposes;

(c)

the above products, services, and subjects may be provided or (in the case of donations and contributions) solicited by the Company and/or:

(i)

third party service providers providing the products, services, and subjects listed in Paragraph 4.1(b) above; and

(ii)

charitable or non-profit marking organisations;

(d)

in addition to marketing the above services, products, and subjects itself, the Company also intends to provide the data described in Paragraph 4.1(a) above to all or any of the persons described in Paragraph 4.1(b)(ii) above for use by them in marketing those services, products, and subjects, and the Company requires the User's written consent (which includes an indication of no objection) for that purpose; and

(e)

the Company may receive money or other property in return for providing the data to the other persons in Paragraph 4.1(b)(ii) above and, when requesting the User’s written consent as described in Paragraph 4.1 above, the Company will inform the User if the Company receives any money or other property in return for providing the data to the other persons.

4.2

Suitable measures are implemented to make available to such members the options to opt out of receiving such materials. In this regard, Users may choose to sign up or unsubscribe for such materials by logging into the registration or user account maintenance webpage, or by clicking on the automatic link appearing in each newsletter/message, or by contacting the Customer Service Representative of the Company at 93568381 or email to hello@getkello.com.

Access

5.1

Any User is entitled to request access to or make amendments to his or her own personal information and data kept with the Company by contacting the Customer Service Representative of the Company at 93568381 or email to hello@getkello.com.

5.2

In the event that a User wishes to access or amend his or her personal information and data, the Company may request him or her to provide personal details in order to verify and confirm his or her identity. A HKID card number or passport number or business registration certificate number cannot be amended unless such data is proved to be inaccurate. The Company is required to respond to a User’s request within thirty (30) days of his or her request and will endeavor to do so wherever possible.

Cookies and Log Files

6.1

The Company does not collect any personally identifiable information from any User whilst they visit and browse the Channels, save and except where such information of the User is expressly requested. When Users access the Channels, the Company records their visits only and does not collect their personal information or data. The Channels' server software will also record the domain name server address and track the pages the Users visit and store such information in cookies, and gather and store information like Internet protocol (IP) addresses, browser type, referring/exit pages, operating system, date/time stamp, and clickstream data in log files. All these are done without the Users being aware that they are occurring.

6.2

The Company and third-party vendors engaged by the Company use the Company's cookies and third-party cookies, such as the Google Analytics cookies, together to inform, optimise, and serve marketing materials based on the Users’ past visits to the Channels.

6.3

The Company does not link the information and data automatically collected in the above manner to any personally identifiable information. The Company generally uses such automatically collected information and data to estimate the audience size of the Channels, gauge the popularity of various parts of the Channels, track Users' movements and number of entries in the Company’s promotional activities and special events, measure Users' traffic patterns, and administer the Channels. Such automatically collected information and data will not be disclosed save and except in accordance with the Paragraph 3 entitled "Disclosure or Transfer of Data"

Google Analytics

7.1

Google Analytics Advertising Features ("Features") are implemented on the Channels. The Features which the Company has implemented are based on Google Analytics Demographics and Interest Reporting.

7.2

Google Analytics is a web analysis service provided by Google which utilises the data collected to track and examine the use of the Channels to prepare reports on the Users’ activities and share them with other Google services. Google may use the data collected to contextualise and personalise the marketing materials of its own advertising network.

7.3

Users can opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout

Security

8.1

The security of Users' personal information and data is important to the Company. The Company will always strive to ensure that Users' personal information and data is protected against unauthorised access. The Company has implemented appropriate electronic and managerial measures in order to safeguard, protect, and secure Users' personal information and data.

8.2

All personal data and information provided by Users is only accessible by the authorised personnel of the Company or its authorised third parties, and such personnel shall be instructed to observe the terms of this Privacy Policy when accessing such personal information and data. Users may rest assured that their personal information and data will only be kept for as long as is necessary to fulfill the purpose for which it is collected. Registered Users should safeguard their unique usernames and passwords by keeping them secret and confidential and by never sharing these details with anyone.

8.3

The Company follows generally accepted industry standards to protect the personal information and data submitted by Users to the Channels, both during transmission and once the Company receives it. However, no method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, while the Company strives to protect Users' personal information and data against unauthorised access, the Company cannot guarantee its absolute security.

Retention of Personal Data

Once the Company has obtained a User's personal information and/or data, it will be maintained securely in the Company's system. Subject to legal requirements, the personal information and/or data of Users will be retained by the Company after deactivation of the relevant service until the User requests the Company in writing to erase his or her own personal information and/or data from the Company's database or to terminate his or her membership of the Channels.

Changes in this Privacy Policy

The Company reserves the right to update, revise, modify, or amend this Privacy Policy in the following manner at any time as the Company deems necessary and Users are strongly recommended to review this Privacy Policy frequently. If the Company decides to update, revise, modify, or amend this Privacy Policy, the Company will post those changes to this webpage and/or other places the Company deems appropriate so that Users are aware of what information the Company collects, how the Company uses it, and under what circumstances, if any, the Company discloses it.

Governing Law and Jurisdiction

Nothing in this Privacy Policy shall limit the rights of the User under the Personal Data (Privacy) Ordinance. This Privacy Policy shall be governed by the laws of the Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.

For any query, please contact our Customer Service Representative at 93568381 or email to hello@getkello.com.

WEBSITE TERMS OF USE

Terms of use

Please read the terms of use (the “Terms of Use”) set forth below, as they apply to your access and use of our services, including our various websites, APIs, email notifications, applications, buttons and widgets (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as the “Content”). Your access to and use of the Services signifies your acceptance of these Terms of Use and agreement to be bound by them and any and all other applicable terms referenced herein absolutely.

Other applicable terms

2.1

These Terms of Use refer to the additional terms in our Website Privacy Policy, which also apply to your use of our Services.

2.2

Our Website Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate. You understand that through your use of the Services you consent to the collection and use (as set forth in the Website Privacy Policy) of this information, including the transfer of this information both within and outside of Hong Kong for storage, processing and use by us. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your www.getkello.com account, which you may not be able to opt-out from receiving.

Information about us

The Services are provided and operated by Kello Labs Limited. We are a limited liability company registered in ____________ with registered number 66502161 and have our registered office at 22/F., 3 LOCKHART ROAD, WANCHAI.

Changes of terms

We may amend the Terms of Use from time to time at our sole discretion without notice or liability to you. By continuing to use the Services following such amendments to the Terms of Use, you agree to be bound by such amendments.

Changes to our services

5.1

The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.

5.2

We make no representations, warranties or guarantees, whether express or implied, that our Services or any content on our site is accurate, complete or up to date.

Accessing our services

6.1

Our Services are made available free of charge.

6.2

We do not guarantee that our Services, or any content, will always be available or be uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.

6.3

You are responsible for making all arrangements necessary for you to have access to our Services.

6.4

You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Your licence to use the services

Kello Labs Limited gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software that is provided to you by us as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Kello Labs Limited, in the manner permitted by these Terms of Use.

Our intellectual property rights

8.1

All intellectual property rights subsisting in respect of the Services belong to Kello Labs Limited or have been lawfully licensed to Kello Labs Limited for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or create derivative works with respect thereto, as the website is copyrighted under applicable laws.

8.2

You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

Your rights

9.1

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

9.2

You agree that this licence includes the right for us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organisations or individuals who partner with Kello Labs Limited for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

9.3

Such additional uses by Kello Labs Limited or other companies, organisations or individuals who partner with Kello Labs Limited may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

9.4

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

9.5

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third-party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Kello Labs Limited will not be responsible or liable for any use of your Content by Kello Labs Limited in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Limited liability and warranty

Please read this section carefully since it limits the liability of Kello Labs Limited and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Entities of Kello Labs Limited”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.

10.1

YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED “AS IS”, “AS AVAILABLE”. THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND THE ENTITIES OF Kello Labs Limited MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT.

10.2

THE ENTIRE LIABILITY OF THE ENTITIES OF Kello Labs Limited AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES. IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR OUR SERVICES. WE ARE NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

10.3

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ENTITIES OF Kello Labs Limited EXCEED ONE THOUSAND HONG KONG DOLLARS (HKD 1,000).

10.4

The Entities of Kello Labs Limited shall not guarantee or assume any responsibility that:

(a)

the information presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;

(b)

the information presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;

(c)

messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss;

(d)

access to the Services will be available or be uninterrupted;

(e)

use of the Services will achieve any particular result; or

(f)

defects in the Services will be corrected.

10.5

Without limiting the generality of the foregoing, in no event will the Entities of Kello Labs Limited be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the information or the services, even if any of the Entities of Kello Labs Limited has been advised of the possibility of such loss or damages.

10.6

You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. You are responsible to ensure that your use of the information and the Services complies with all applicable legal requirements.

10.7

Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Use or otherwise, you are advised to contact us at hello@getkello.com. No such lack of response shall be deemed to constitute any acquiescence or waiver.

10.8

The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.

Content on the services

11.1

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.

11.2

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

11.3

Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

11.4

The views expressed by other users on our site do not represent our views or values. We do maintain the right to remove any posting you make on our site if, in our opinion, your post does not comply with our content standards. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive.

11.5

Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind, incurred directly or indirectly as a result of the use of the Services by any third party, including without limitation any defamatory, offensive, or illegal conduct of the third party, or the use of any Content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.

11.6

We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

Content copyright policy

12.1

Kello Labs Limited respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and that you are authorised to act on behalf of the copyright owner.

12.2

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer. Our address for notice of alleged copyright infringement appearing on the Services is hello@getkello.com.

Use of the services

13.1

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Kello Labs Limited its users and the public.

13.2

We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

13.3

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Kello Labs Limited’s computer systems, or the technical delivery systems of Kello Labs Limited’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

13.4

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

Linking to us

You may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

Third-party links and resources in our site

15.1

The links from the Services may take you to other sites or services and you acknowledge and agree that Kello Labs Limited has no responsibility for the accuracy or availability of any Information provided by third parties services and websites.

15.2

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Kello Labs Limited on the Services are subject to change. In consideration for us granting you access to and use of the Services, you agree that Kello Labs Limited and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

15.3

Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties.

Indemnity

You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Use and/or your use of the website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

Severance

The illegality, invalidity or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

Several users

If there are two or more persons adhering to these Terms of Use as user, their liability under the Terms of Use is joint and several, and their rights are joint.

Waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Termination

20.1

The Terms of Use will continue to apply until terminated by either you or us as follows.

20.2

You may end your agreement with us at any time for any reason by discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.

20.3

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms of Use or (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

20.4

In all such cases, any provision of these Terms of Use that expressly or by implication is intended to come into or continue in force on or after termination of this agreement shall remain in full force and effect.

20.5

Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above in Clause 5 Changes to our services.

Governing law and jurisdiction

These Terms of Use shall be governed by the laws of the Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.

Languages

In case of discrepancies between the English and Chinese language versions of these Terms of Use and contents of this site, the English version shall prevail.

Last updated: 28 August 2016

WEBSITE PRIVACY POLICY

Kello Labs Limited is committed to protecting and respecting your privacy.

This policy (together with our Terms of Use and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

Information collection

1.1

In order to provide a better service to you, we may collect and process the following data about you:

(a)

information that you provide by filling in forms on our site www.getkello.com ("our site"). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information at other times, for example in connection with a promotion or when you report a problem with our site;

(b)

if you contact us, we may keep a record of that correspondence;

(c)

we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;

(d)

details of your visits to our site and the resources that you access.

1.2

We only retain personal data for so long as it is necessary. Data may be archived as long as the purpose for which the data was used still exists.

Uses made of the information

2.1

The purposes for which information may be used by us in and outside the Hong Kong Special Administrative Region include:

(a)

ensuring that content from our site is presented in the most effective manner for you and for your computer;

(b)

providing you with alerts, newsletter, education materials or information that you requested or signed up to;

(c)

carrying out our obligations arising from any contracts entered into between you and us;

(d)

allowing you to participate in interactive features of our service, when you choose to do so;

(e)

designing and conducting surveys/questionnaires for client profiling/segmentation, statistical analysis, improving and furthering the provision our products and services;

(f)

complying with laws and regulations applicable to us or any of our affiliates in or outside the Hong Kong Special Administrative Region;

(g)

legal proceedings, including collecting overdue amounts and seeking professional advices;

(h)

researching, designing and launching services or products including seminars/events/forums;

(i)

promoting and marketing services and products subject to your exercise of the opt-out right (please see further details in Clause 2.2 below); or

(j)

purposes directly related or incidental to the above.

2.2

We intend to use your data in direct marketing and we require your consent (which includes an indication of no objection) for that purpose. In this connection, please note that:

(a)

your name, contact details (including address, contact number, email address), products and services information, transaction pattern and behaviour, background and demographic data held by us from time to time may be used by us in direct marketing;

(b)

the following classes of services, products and subjects may be marketed in direct marketing:

(i)

services and products related to our site and/or our affiliates (including marketing affiliates programs we are a part of);

(ii)

reward, loyalty or privileges programmes, promotional offers and related services; and

(iii)

invitations to events such as seminars/webinars/tele-seminars, conferences, live programs or events.

(c)

We may conduct direct marketing via fax, email, direct mail, telephone and other means of communication or send e-newsletters to you. You may choose not to receive promotional materials, by simply telling us (see below for contact details), and we will cease to do so, without charge.

Disclosure of your information

We will keep the personal data we hold confidential but may provide information to:

(a)

personnel, agents, advisers, auditors, contractors, financial institutions, and service providers in connection with our operations or services;

(b)

our overseas offices, affiliates, business partners and counterparts (if any);

(c)

persons under a duty of confidentiality to us;

(d)

persons to whom we are required to make disclosure under applicable laws and regulations in or outside the Hong Kong Special Administrative Region; or

(e)

actual or proposed transferees or participants of our services in or outside the Hong Kong Special Administrative Region.

Cookies

4.1

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.

4.2

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

4.3

We use the following cookies:

(a)

Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.

(b)

Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

(c)

Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

4.4

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

4.5

We may use the following third party web analytic services on the website. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyse how visitors use the website. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the website. These analytic services may use the data collected to contextualise and personalise the marketing materials of their own advertising network.

Google Analytics

4.6

Google Analytics is a web analysis service provided by Google Inc. ("Google"). Google's ability to use and share information collected by Google Analytics is in accordance with their policies: http://www.google.com/policies/privacy/partners/

4.7

You can prevent Google's collection and processing of data by using the Google Ads Settings page or downloading and installing their browser plug-in (https://tools.google.com/dlpage/gaoptout).

4.8

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, 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.

Security

5.1

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

5.2

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page.

Data transfers

We may hold your data on servers in United States of America, Hong Kong, France and any other territories as we see fit from time to time. We may also transfer your data to our overseas offices or to any people listed at Clause 3 above, who may be located in or outside of the Hong Kong Special Administrative Region.

Your consent and rights

8.1

By using our service, making an application or visiting our website, you consent to the collection and use of your information and other activities as outlined in this policy.

8.2

Under the Hong Kong Personal Data (Privacy) Ordinance (the "Ordinance"), individuals have the right:

(a)

to check whether we hold personal data about you and to access such data;

(b)

to require us to correct as soon as reasonably practicable any data relating to you that is inaccurate;

(c)

to ascertain our policies and practices in relation to personal data and the kind of personal data held by us; and

(d)

to object to the use of your personal data for marketing purposes and we shall not use your personal data for marketing purposes after you communicate your objection to us.

8.3

You may exercise your opt-out right by notifying us if you wish to object to the use of your personal data for direct marketing purposes. Please send requests for such objections, access to data, correction of data, information regarding policies and practices and kinds of data held, questions or complaints to:

Name: Antoine Markarian

Address: PMQ, Block 1, Unit 703, 35 Aberdeen Street, Hong Kong

Email: hello@getkello.com

8.4

In accordance with the terms of the Ordinance, we have the right to and may charge a reasonable fee for processing any data access request.

8.5

Governing law and jurisdiction

Nothing in this Privacy Policy shall limit the rights of the data subject under the Ordinance. This Privacy Policy shall be governed by the laws of the Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction of the Hong Kong courts.

Last updated: 28 August 2016