These Terms of Use (“Terms”) form a legally binding agreement between you (“you” or “user”) and the KitaHQ entity identified in Section 12 (“KitaHQ,”“we,” “us,” or “our”) that governs your access to and use of the website located at https://kitahq.com and its sub-domains (collectively, the “Site”). By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Notice. If you do not agree, you must not access or use the Site.
Important - Not a services contract
These Terms apply only to visitors and prospective customers. If you have a separate written agreement (for example, a master services agreement) with KitaHQ for subscription services, that agreement governs your use of those services and will prevail over these Terms in the event of a conflict.
1. Eligibility
You must be (a) at least 18 years old, or the age of majority in your jurisdiction if higher, and (b) able to form a legally binding contract to use the Site. By using the Site, you represent and warrant that you meet these requirements.
2. Acceptable Use
You may use the Site only for lawful, informational, and non-commercial purposes. You agree that you will not:
3. Accounts and Security
If the Site allows you to create an account, you must provide accurate, current, and complete information and keep that information up to date. You are solely responsible for all activities that occur through your account and for keeping your password confidential. Notify us promptly at legal@kitahq.com of any suspected unauthorized use.
4. Intellectual-Property Rights
4.1 Limited licence. Subject to these Terms, KitaHQ grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Site for your personal, non-commercial use.
4.2 Ownership. The Site (including all content, software, text, graphics, logos, and trademarks) is owned by KitaHQ or its licensors and is protected by intellectual-property laws. Except for the limited license above, no right, title, or interest in the Site is granted. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any portion of the Site without our prior written consent.
5. Privacy
Your use of the Site is subject to our Privacy Notice, which describes how we collect, use, and protect your personal information. By using the Site, you consent to our privacy practices.
6. Third-Party Content and Links
The Site may contain links to third-party websites or services not controlled by KitaHQ. We provide these links only as a convenience and do not endorse or assume responsibility for them. Access to any third-party site is at your own risk and subject to that site’s terms and policies.
7. User Feedback
If you submit suggestions, comments, or other feedback (“Feedback”) to KitaHQ, you grant KitaHQ a perpetual, irrevocable, royalty-free, worldwide licence to use and exploit the Feedback for any purpose without restriction or compensation to you.
8. Disclaimer of Warranties
The Site is provided “as is” and “as available.” To the maximum extent permitted by law, KitaHQ disclaims all warranties - express, implied, statutory, or otherwise including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. KitaHQ does not warrant that the Site will be uninterrupted, secure, error-free, or free of harmful components.
9. Limitation of Liability
To the fullest extent permitted by law, KitaHQ will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Site or these Terms, even if KitaHQ has been advised of the possibility of such damages. KitaHQ’s total cumulative liability for all claims relating to the Site or these Terms will not exceed USD 100.
10. Indemnification
You agree to indemnify, defend, and hold harmless KitaHQ and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected with (a) your violation of these Terms, (b) your misuse of the Site, or (c) your infringement of any third-party right.
11. Dispute Resolution and Class-Action Waiver
11.1 Governing law. These Terms are governed by the laws of Singapore.
11.2 Arbitration. Any dispute arising out of or relating to these Terms or the Site will be finally resolved by confidential, binding arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the SIAC Rules in force when the notice of arbitration is submitted. The tribunal will consist of one arbitrator appointed in accordance with those Rules. The seat of arbitration will be Singapore, and the language will be English.
11.3 No class actions. You may resolve disputes with KitaHQ only on an individual basis and may not bring a claim as a plaintiff or class member in any class, consolidated, or representative action.
12. Contracting Entity
If your residence or, for a business, your principal place of business is:
- Singapore (or any jurisdiction other than Malaysia or Indonesia) – Momentum Spark Pte. Ltd.
- Malaysia – KitaHQ Sdn. Bhd.
- Indonesia – PT Kita Lulus Internasional
For questions about these Terms or the Site, email legal@kitahq.com.
13.Termination
We may suspend or terminate your access to the Site at any time, with or without notice, if we reasonably believe you have violated these Terms or acted in a manner that could harm other users or KitaHQ. Sections 4, 7, 8, 9, 10, 11, and 14 will survive any termination.
14. Changes to These Terms
We may revise these Terms at any time by posting an updated version on the Site. The revised Terms are effective immediately upon posting. Your continued use of the Site after the effective date constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Site.
