Terms of Service

1. Acceptance of Terms

Welcome to K2Share, LLC. By accessing or using our website at k2share.us and any services provided by K2Share, LLC (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and K2Share, LLC ("Company," "we," "us," or "our") governing your use of the Services.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the Services following any modifications indicates your acceptance of the revised Terms.

2. Description of Service

K2Share, LLC provides software development, IT consulting, digital solutions, and cloud integration services to businesses and organizations. Our Services include, but are not limited to:

• Custom software development and engineering
• Information technology consulting and strategy
• Digital transformation and process automation
• Cloud migration, integration, and infrastructure services
• System maintenance and technical support
• Project management and technology advisory services

The specific scope, deliverables, timeline, and fees for any services will be defined in a separate written agreement or statement of work between you and K2Share, LLC.

3. Eligibility

By using our Services, you represent and warrant that:

• You are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater.
• You have the legal capacity and authority to enter into a binding agreement with K2Share, LLC.
• If you are accessing our Services on behalf of a company, organization, or other legal entity, you have the authority to bind such entity to these Terms.
• You are not prohibited from receiving services under the laws of the United States or the jurisdiction in which you reside.

4. User Responsibilities

You agree to:

• Provide accurate, complete, and current information when requested by K2Share, LLC.
• Maintain the confidentiality of any login credentials or access keys provided to you.
• Promptly notify us of any unauthorized use of your account or any other breach of security.
• Comply with all applicable laws, regulations, and third-party agreements in connection with your use of the Services.
• Provide timely feedback, approvals, and information necessary for the provision of Services.
• Ensure that any content or materials you provide to K2Share, LLC do not infringe upon the intellectual property rights of any third party.
• Pay all fees and charges associated with the Services in accordance with the applicable agreement.

5. Prohibited Uses

You agree not to use the Services:

• For any unlawful purpose or in violation of any applicable laws or regulations.
• To transmit, distribute, or store any material that is defamatory, obscene, fraudulent, or infringing upon the rights of others.
• To distribute viruses, malware, or any other harmful code.
• To attempt to gain unauthorized access to any systems, networks, or data of K2Share, LLC or any third party.
• To interfere with or disrupt the integrity or performance of the Services.
• To reverse engineer, decompile, or disassemble any software provided by K2Share, LLC, except as expressly permitted by applicable law.
• To engage in any activity that could damage, disable, or impair the operation of the Services.
• To collect or harvest any information about other users without their consent.
• To impersonate any person or entity or misrepresent your affiliation with any person or entity.

6. Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, are the exclusive property of K2Share, LLC or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

The K2Share name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of K2Share, LLC. You may not use such marks without the prior written consent of K2Share, LLC.

Ownership of deliverables created by K2Share, LLC in the course of providing Services shall be governed by the terms of the applicable statement of work or separate written agreement between the parties.

You retain all right, title, and interest in and to any content, materials, or data that you provide to K2Share, LLC. By providing such materials, you grant K2Share, LLC a non-exclusive, royalty-free license to use, reproduce, and modify such materials solely for the purpose of providing the Services to you.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF DEALING.

K2SHARE, LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. K2SHARE, LLC DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED.

K2SHARE, LLC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, K2SHARE, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF K2SHARE, LLC EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO K2SHARE, LLC FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF K2SHARE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Third-Party Services & Links

Our Services may contain links to third-party websites, services, or resources. K2Share, LLC does not endorse and is not responsible for the content, accuracy, privacy practices, or opinions of any third-party websites or services.

K2Share, LLC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that K2Share, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of any such third-party content, goods, or services.

We strongly encourage you to read the terms and conditions and privacy policy of any third-party website or service that you visit.

10. Termination

K2Share, LLC reserves the right to suspend, terminate, or restrict your access to the Services at any time, with or without cause, with or without notice, effective immediately.

Upon termination:

• Your right to use the Services will immediately cease.
• All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
• We may delete your account and any associated data without liability.

Termination of your access to the Services shall not affect any rights or obligations of either party that have accrued prior to termination, including any payment obligations.

Any separate written agreement between you and K2Share, LLC regarding specific services shall govern termination rights with respect to such services.

11. Governing Law

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles.

Any legal action or proceeding arising out of these Terms or the Services shall be brought exclusively in the state or federal courts located in Brazos County, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action or proceeding.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or any transaction hereunder.

12. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, please contact us:

General Provisions

Entire Agreement: These Terms, together with any separate written agreements between you and K2Share, LLC, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: The failure of K2Share, LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of K2Share, LLC.

Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of K2Share, LLC. K2Share, LLC may assign these Terms without your consent to any affiliate or in connection with any merger, acquisition, or sale of all or substantially all of its assets.

Force Majeure: K2Share, LLC shall not be liable for any failure to perform its obligations where such failure results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

No Third-Party Beneficiaries: These Terms are for the benefit of the parties hereto and their respective successors and permitted assigns and are not intended to confer any benefits upon, or create any rights in favor of, any person other than the parties hereto.

Interpretation: The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms. Words in the singular shall be deemed to include the plural and vice versa.