Klist

Terms of Use

Klist ("Klist" or "we") offers a service ("Service"), which allows its users to record tasks, appointments, and personal and/or professional activities, record text, notes, annotations, and subtasks, create lists, receive alerts, and engage in other task management-related activities, which can be accessed through the website www.klist.app ("Site") or the mobile application for Android devices ("App").

You, as a user of our Service ("You" or "User"), by creating an account and using the service, whether via the website or the app, fully agree to Klist practices, as set forth in these Terms of Use ("Terms").

1. User

1.1 These Terms of Use apply to your use of Klist and our services, encompassing all content, features, services, and rules governing the contractual relationship between you and us.

2. Purpose

2.1 The purpose of this agreement is the free or paid use of Klist (if the user subscribes to one of the paid plans) for recording and managing user tasks and appointments.

3. Creation and use of free and paid accounts

3.1 To use Klist you must create an account and choose between the free plan or a paid plan (PLUS).

3.2 Each user has their own profile and may use Klist features to a greater or lesser degree, according to the chosen plan.

3.3 To create an account on Klist, you must provide the necessary information truthfully and completely. You must provide your name and an email address so we can contact you. You will also be required to create a personal password, to which we have no access. To offer better services, we may occasionally request additional information, such as date of birth, gender, and others. After creating your account, we will send a confirmation of your registration via email along with these Terms of Use. The registration process on Klist will not be complete until you click the link sent in that email ("Registration Completion").

3.4 We reserve the right to limit certain features of the service for free accounts. To learn about these limitations, consult the free versus paid accounts comparison overview on www.klist.app.

3.5 By subscribing and paying a monthly or annual fee (the choice of which is at your discretion), you can subscribe to the paid service, which will automatically convert your free account into a PLUS account. The pricing, payment methods, and exact scope of extra features offered by the PLUS account can be seen in the features overview on the website www.klist.app.

3.6 A user who subscribes to the service with a PLUS account will be entitled to all service features and will be exempt from advertisements.

3.7 Should there be any issue receiving payment for the PLUS plan and/or an inability to renew the subscription due to payment method failure and/or inconsistent information provided by the user lasting for more than 15 days, the account will be automatically converted to a free account, in which case the user will lose the benefits and full access to PLUS account features.

3.8 If a PLUS subscriber decides to cancel their paid subscription, their account will be automatically converted to a free account, and as in item 5.4, the user will lose the benefits and full access to PLUS account features.

3.9 In situations described in items 5.4 or 5.5, under all circumstances the user will keep all of their content intact within the service.

3.10 We reserve the right to remove or add features to the service at any time.

3.11 We reserve the right to display customized or non-customized advertising within the service to users of free accounts.

4. Availability

4.1 Klist will be available for use ("service uptime") 24 hours a day, 365 days a year, with an average availability of 96.9% ("SLA"). Should maintenance work on the infrastructure supporting the service be required and Klist becomes unavailable for maintenance reasons, we will provide proper notice. Interruptions in Klist due to maintenance will not count toward SLA time.

4.2 Under no circumstances are we liable for interruptions related to general internet outages, technical problems with equipment, including issues and/or failures in the user’s equipment, operating system, and browser, or any other causes, power supply failures, or other technical incidents beyond our reach and influence, including force majeure events and/or third-party failures not foreseen herein.

4.3 By creating an account and using Klist services, you understand and agree that this is an online application; therefore, its use in a computer browser and on the mobile app requires an internet connection for proper functioning. We want to make it clear that Klist services will not function in the absence of an internet connection, and in such situations, even if you can open the app, you will not receive alerts nor be able to create, edit, view, or delete tasks.

5. Rules of Use

5.1 You are responsible for keeping your password confidential and must never share it with third parties. If you suspect that your password was unlawfully obtained by third parties, you must change it immediately and notify us via the contact form available in the service.

5.2 When using Klist, you must comply with all applicable laws and legal provisions of the Federative Republic of Brazil. If you use Klist from another country, it is your responsibility to also comply with the applicable laws of that country.

5.3 In particular, you may not upload and/or distribute unlawful data or data that infringes copyrights or any other rights of third parties. Such data includes, but is not limited to: text, images, graphics, or links. You are solely responsible for the data and content you upload to the service. We do not examine whether content stored in Klist is appropriate or virus-free, nor whether it is technically feasible to scan it for viruses.

5.4 We reserve the right to delete improper content if identified and/or reported by third parties or by judicial order.

5.5 We reserve the right to delete accounts that contain said improper content or violate other rules set forth in these Terms of Use.

5.6 You are not permitted to attack Klist operational capacity by any means, such as sending bulk emails (spam), attempting hacking or brute-force attacks, using or transmitting spyware, viruses, worms, or any other unlawful electronic intrusion methods.

5.7 You have no right to use the name, logo, layout, or any other intellectual property belonging to Klist, except under express individual authorization agreed with us for that purpose.

5.8 You have no right to resell, sublease, or commercially exploit Klist and its features under any aspect, whether for financial consideration or not, subject to legal liability and its consequences.

5.9 If you violate these rules, we reserve the right to issue a warning, temporarily block your use of Klist, or, if appropriate, permanently delete your account. We have the right to remove unlawful content immediately.

6. Liability

6.1 Under no circumstances shall we be held liable for any damages or losses you may incur from using the service.

6.2 We are not responsible for the content submitted by you to Klist. Furthermore, we are not responsible for the design and/or content of external websites linked to Klist. In particular, we do not guarantee that content displayed on Klist is accurate, meets any specific purpose, or can serve any particular purpose.

6.3 To ensure a complete user experience, it is the user’s responsibility to maintain updated versions of their equipment, operating system, and browser compatible with the service.

6.4 You must inform us of any defect in writing or by email immediately.

6.5 You shall indemnify us against all claims, including damage claims, made against us by other users or third parties, including public authorities, due to violations of their rights by content you submitted to Klist. You will bear all reasonable costs, including legal defense costs incurred by us as a result of your violation of third-party rights.

7. Cancellation of Service Use

7.1 You may cancel your account on the service at any time. In this case, your content will be completely deleted within 90 days following the cancellation date.

7.2 If you are a monthly paid plan subscriber, billing will cease immediately. If you are an annual paid plan subscriber, we will refund the remaining amount proportional to the number of months remaining in the billing cycle.

7.3 You can reactivate your account up to 90 days after cancellation; after this period has expired, you will need to create a new account.

7.4 We reserve the right to cancel and delete content from free accounts whose users have not accessed the service for more than 365 days.

8. Continuity of Service Provision

8.1 This agreement regarding free or paid use of Klist is for an indefinite term; however, we reserve the right to terminate service operations at any time, in which case we will notify all users with at least 30 (thirty) days' advance notice via email registered with the service and internal notifications within the service.

9. Final Provisions

9.1 If individual provisions of these Terms of Use are or become invalid and/or contrary to statutory provisions, the remaining validity of the Terms of Use shall not be affected. In place of the invalid or unenforceable provision, the Parties shall mutually agree on valid commercial terms that the Parties would have reasonably agreed upon. The aforementioned provision shall apply accordingly in the case of omissions in these provisions.

9.2 We reserve the right to modify and adapt these Terms of Use and their conditions with future effect. You will be notified of these changes via email communication and/or in-service messages, and by continuing to use the service you accept and agree to the new terms introduced by the modification.

9.3 This contract shall be governed by the laws of the Federative Republic of Brazil.