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Terms & Conditions

Effective: July 21, 2023

PLEASE READ THESE CONSUMER TERMS AND CONDITIONS CAREFULLY. THESE CONSUMER TERMS AND CONDITIONS (“AGREEMENT,” “TERMS AND CONDITIONS,” or “TERMS”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND KYTE, AS DEFINED BELOW.

SECTION 12 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED... THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING OR PROPOSED CLASS ACTION LITIGATION.

1. Acceptance of this Agreement

This Agreement governs your use of the Technology and Services (each as defined below) and is between you and Kyte. “Kyte,” “we,” “us,” and “our” mean Kyte Dynamics, Inc., a Delaware corporation, and its subsidiaries and affiliated companies. These Terms and Conditions constitute a legal agreement between you and Kyte and/or its subsidiaries and affiliated companies.

If you access any of our websites located at https://kyte.aero, install or use the Kyte mobile application, install or use any other technology supplied by Kyte (collectively, the “Technology”), or access or use any information, function, feature, or service made available or enabled by Kyte (collectively, the “Services”), you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that you have read, understand, and agree to be bound by this Agreement.

2. Modifications

Kyte reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Technology or Services at any time, effective upon posting an updated version of this Agreement at https://kyte.aero/terms or through the Technology. If we make any material changes to this Agreement, we will notify you by email at the email address that you have provided to us or by another means. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

3. Additional Terms and Policies

By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Kyte’s Privacy Policy, which is incorporated in this Agreement by reference.

4. Rules and Prohibitions

Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:

  • You will only use or access the Services using means explicitly authorized by Kyte.
  • You will not use or attempt to use another User’s account, impersonate any person or entity, or forge or manipulate headers.
  • You will not use or attempt to use the Services to cause nuisance, annoyance, or inconvenience.
  • You will not copy or distribute, or attempt to copy or distribute, the Technology or any content displayed through the Services for republication in any format or media.
  • You will keep secure and confidential your account password and any other login or identification credentials you use to access the Services.
  • You will not engage in conduct that harms, attempts to harm, or threatens the safety of other Users, Contractors, Kyte, Kyte employees, or our community in any way whatsoever.

5. Product Disclaimer of Warranties

KYTE AND ITS SUPPLIERS AND VENDORS DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE PRODUCTS OR MERCHANDISE AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SUCH PRODUCTS OR MERCHANDISE ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.

6. User Account

You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services. You are the sole authorized User of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account.

7. User Content

User Content: Kyte may provide you with interactive opportunities through the Services, including the ability to post Ratings and Reviews or Feedback. You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit.

Feedback: You agree that any submission of any ideas, suggestions, and/or proposals to Kyte is at your own risk and that Kyte has no obligations with respect to such Feedback.

8. Communications with Kyte

By creating a Kyte account or using the Technology or Services, you agree to accept and receive communications from Kyte, or other third parties providing services to you or Kyte, including via email, text message, direct message, chat, calls, and push notifications to the cellular telephone number you provided to Kyte.

9. Electronic Records

By creating a Kyte account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing Kyte at privacy@kyte.aero with “Revoke Electronic Record Consent” in the subject line.

10. Intellectual Property Ownership

Kyte alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Technology and the Services. This Agreement is not a sale and does not convey to you any rights of ownership.

11. Payment Terms

Prices & Charges: The prices for items displayed through the Services may differ from the prices offered or published by other businesses or third-party websites. You are liable for all transaction taxes on the Services provided under this Agreement.

Refunds: Charges paid by you for completed and delivered orders are final and non-refundable. Kyte has no obligation to provide refunds or credits but may grant them gratuitously at Kyte’s sole discretion.

12. Arbitration Agreement

THIS SECTION 12 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

Please read this Section 12 carefully. It requires that any and all claims between you and Kyte be resolved by binding arbitration or in small claims court and, to the extent permitted by applicable law, prevents you from pursuing a class action or similar proceeding in any forum. Arbitration is required if your country of residence enforces arbitration agreements.

(a) Scope of Arbitration Agreement. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before, on, or after the effective date of this Agreement. You agree that any dispute or claim arising out of or relating in any way to the subject matter of the Agreement, to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding Kyte or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with Kyte as a User of our Services (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), will be resolved by binding arbitration, rather than in court, except as otherwise required by law or as otherwise provided in this Arbitration Agreement.

CASES MAY BE FILED IN THE FUTURE THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES. IF YOU AGREE TO ARBITRATION WITH KYTE, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST KYTE IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

(b) Informal Resolution. You and Kyte agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and Kyte therefore agree that, before either you or Kyte demands or attempts to commence arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. To notify Kyte that you intend to initiate an informal dispute resolution conference, email admin@kyte.aero, providing your name, telephone number associated with your Kyte account (if any), the email address associated with your Kyte account, and a description of your claim.

(c) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes shall be subject to JAMS most current version of its Streamlined Arbitration Rules & Procedures, available as of June 1, 2021 at https://www.jamsadr.com/rules-streamlined-arbitration.

(d) Waiver of Jury Trial. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND KYTE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL.

(e) Waiver of Class, Consolidated, and Representative Actions; Waiver of Public Injunctive Relief. EXCEPT AS EXPRESSLY AGREED TO IN SECTION 12(F) OF THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND KYTE AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS.

(f) Batch Arbitrations. To the extent permitted by applicable law, to increase efficiency of resolution, in the event 100 or more similar arbitration demands against Kyte, presented by or with the assistance or involvement of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch.

(i) No Effect on Independent Contractor Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND KYTE RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR.

(j) Survival. This Arbitration Agreement will survive any termination of your relationship with Kyte.

(k) Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Kyte makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Kyte.

(l) Entire Agreement; Severability. This Arbitration Agreement is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Agreement.

13. Third-Party Interactions

(a) Third-Party Websites, Applications, and Advertisements. The Services may contain links to third-party websites, (“Third-Party Websites”), applications (“Third-Party Applications”), and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”). When you click or tap on a link to a Third-Party Website, Third-Party Application, or Third-Party Advertisement, Kyte will not warn you that you have left Kyte’s website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination.

(b) App Stores. You acknowledge and agree that the availability of the Technology and the Services is dependent on the third party from which you received the application license, such as the Apple or Android app store (each, an “App Store”). You acknowledge and agree that this Agreement is between you and Kyte and not with the App Store.

14. Social Media Guidelines

Kyte maintains certain social media pages for the benefit of the Kyte community. By posting, commenting, or otherwise interacting with these pages, you agree to abide by our community guidelines posted on our site(s) and app(s).

15. Transactions Involving Alcohol and Other Age-Restricted Products

You may have the option to request delivery of alcohol products. You agree that you will only order alcohol products if you, the intended recipient, and anyone who may consume the alcohol products are of legal age to purchase and consume alcohol products in the relevant jurisdiction. You also agree that, upon delivery or pickup of alcohol products, the recipient of any alcohol products will provide valid government-issued identification proving the requisite legal age.

16. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Kyte and its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation, legal and/or attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to, or resulting from (a) your User Content; (b) your misuse of the Technology or Services; (c) your breach of this Agreement or any representation, warranty, condition, or covenant in this Agreement; or (d) your violation of any applicable laws, rules, or regulations through or related to the use of the Technology or Services.

17. Disclaimer of Warranties

UNITED STATES FEDERAL LAW AND SOME STATES, PROVINCES, AND OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION 17 MAY NOT APPLY TO YOU. SECTION 17 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TECHNOLOGY AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE TECHNOLOGY AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. KYTE WILL USE REASONABLE ENDEAVORS TO ENSURE THE TECHNOLOGY AND SERVICES ARE AVAILABLE AS MUCH OF THE TIME AS POSSIBLE, BUT DOES NOT GUARANTEE IT WILL BE AVAILABLE ALL OF THE TIME. THE TECHNOLOGY AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT GUARANTEES, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

KYTE DOES NOT WARRANT THAT THE TECHNOLOGY OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE TECHNOLOGY OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE TECHNOLOGY OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, KYTE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

18. Internet Delays

The Technology and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as otherwise required by applicable law and subject to the Non-Excludable Provisions, Kyte is not responsible for any delays, delivery failures, damage, loss, injury, or other economic damage resulting from such problems.

19. Breach and Limitation of Liability

You understand and agree that a key element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient and to provide the Technology and Services at low cost. You understand and agree to the limitations on remedies and liabilities set forth in this Section 19 to keep the Technology and Services simple and efficient, and costs low, for all Users.

(i) Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KYTE’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO KYTE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

(ii) Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KYTE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE, AND ECONOMIC ADVANTAGE).

20. Exclusive Venue

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Kyte agree that all claims and disputes arising out of or relating in any way to the subject matter of the Agreement, to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding Kyte or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with Kyte as a User of our Services (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), will be litigated exclusively in the state or federal courts located in Los Angeles County if you are a California citizen or resident, and in the United States District Court for the District in which you reside if you are not a California citizen or resident.

21. Termination

If you violate this Agreement, Kyte may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists. In addition, at its sole discretion, Kyte may modify or discontinue the Technology or Services, or may modify, suspend, or terminate your access to the Technology or the Services, for any reason, with or without notice to you and without liability to you or any third party.

22. Procedure for Making Claims of Copyright Infringement

It is Kyte’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Kyte by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information...

This notice of a copyright infringement claim should be sent to Kyte’s Copyright Agent at the address set forth below:

E-mail: copyright@kyte.aero
Mail: Kyte Dynamics, Inc. 382 N. Lemon Ave. #1033, Walnut, CA 91789

23. General

  • (a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, Kyte, or any third-party provider as a result of this Agreement or use of the Technology or Services.
  • (b) Choice of Law. Without giving effect to any principles that provide for the application of the law of any other jurisdiction, this Agreement is governed by the laws of the State of Delaware consistent with the Federal Arbitration Act.
  • (c) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect.
  • (d) Consumer Complaints. You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210 in accordance with California Civil Code § 1789.3.
  • (e) Accessing and Downloading the Application from the Apple App Store. The following applies to any Technology accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”). You acknowledge and agree that the Agreement is concluded between you and Kyte only, and not Apple.
  • (f) Notice. Where Kyte requires that you provide an email address, you are responsible for providing Kyte with your most current email address.
  • (g) Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kyte without restriction.
  • (h) Currency. Unless otherwise indicated, all prices and other amounts displayed through the Services are in the currency of the jurisdiction where delivery or pickup occurs.
  • (i) Use Only Where Legally Allowed. You shall not access or use any portion of the Services if you are not legally allowed to do so where you are located.
  • (j) Subcontracting. Kyte may subcontract any of its obligations under this Agreement without your prior written consent.
  • (k) Variation of Our Websites or the Technology. We may from time to time vary, modify, or discontinue, temporarily or permanently, any or all of our websites or the Technology.
  • (l) Entire Agreement. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

24. Contact Information

Kyte welcomes your questions or comments regarding this Agreement. Please find our contact information below:

https://kyte.aero/contact