KECILIN APPLICATION TERMS OF SERVICE
IMPORTANT – PLEASE READ CAREFULLY BEFORE USING, UTILIZING AND/OR OPERATING THE SERVICE (DEFINED BELOW). THESE TERMS OF SERVICE (“TOS”) CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND PT KECILIN….(“Kecilin”) FOR KECILIN APPLICATION AND ANY RELEVANT FEATURES, SOFTWARE OR DOCUMENTATION THEREOF (COLLECTIVELY, THE “SERVICE”) PROVIDED BY KECILIN, ITS AFFILIATES, ITS THIRD PARTY SUPPLIERS, AND/OR LICENSORS. BY USING, UTILIZING AND/OR OPERATING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TOS, INCLUDING THE DISPUTE RESOLUTION PROVISION. IF YOU DO NOT AGREE TO THE TOS, DO NOT USE, UTILIZE AND/OR OPERATE THE SERVICE. KECILIN RESERVES THE RIGHT TO AMEND ANY TERMS OF AND/OR ADD ANY TERMS TO THESE TOS INCLUDING FOR THE PURPOSE OF SECURING NECESSARY RIGHTS AND/OR CLARIFYING LIABILITY BETWEEN YOU AND KECILIN IN CASE OF ANY UPDATE TO ANY PART OF THE SERVICE OR ANY PART OF THE OPERATION FOR THE PROVISION OF THE SERVICE., IF YOU CONTINUE TO USE, UTILIZE OR OPERATE THE SERVICE OR FAIL TO UNINSTALL THE SERVICE FOLLOWING ANY SUCH AMENDMENT(S), YOU AGREE TO BE BOUND BY THE APPLICABLE TOS UPON SUCH AMENDMENT(S). IF YOU DO NOT AGREE TO THE TOS AMENDMENT(S), YOU MUST STOP USING THE SERVICES.
Kecilin is an application and website that offers data compression to stipulates an increase in a richer format of information exchanged between data nodes whether B2B, B2C, C2C to device users. It provides real-time data usage information and allows users to manage data usage of apps on the device for both mobile and Wi-Fi networks. When a user enables Kecilin savings, compression, rate limiting or mobile optimization is applied to video, images, websites and some audio across all browsers and most apps on the device, effectively extending the life of the user’s mobile data plan.
Additionally requests are analyzed on the device and determined if they are eligible for savings or other Kecilin services. Any traffic that is sent from the device to Kecilin cloud servers for data savings, data management, or privacy are sent through an SSL encrypted and secured connection. Data requests are analyzed and sometimes blocked if they are determined to be tracking requests or other requests that the end user requested to be blocked by the app or cloud (e.g. ad blocking or image blocking). In Kecilin “Secure Wifi” or privacy mode feature DNS requests are masked from network operators as an extra privacy protection feature.
The service is currently ad supported with 3rd party advertising served from Facebook audience Network and Google’s admob. Ad revenue is used to subsidize the cost of operating the cloud service. Other ad network providers may be added in the future, and some providers may be removed in order to keep the service sustainable to operate and offer value to Kecilin users. Kecilin is working to offer data savings and increase the amount of control users have over their apps and data usage. To do this for some of the leading services Kecilin offers customized webapp experiences. Kecilin runs the webapp (essentially a mobile website version of a popular service or app) inside a customized web container inside the Kecilin application. This allows Kecilin to offer higher levels of data savings, privacy protection, and end user control over the experience of the webapp.
This SERVICE supports a limited set of languages. This SERVICE is designed to be used in the countries where support services are officially provided. In the case that this SERVICE is used in non-supported countries, this SERVICE may be limited or apt to cause error. This SERVICE is designed to be used in devices that are enabled to support the various features within the SERVICE. Non-supported devices may result in you experiencing limited or non-functional features. This SERVICE is provided “as is”. Kecilin does not guarantee the results of this SERVICE, including, without limitation, data usage monitoring, data savings, privacy protection, app management, or any other feature included in the SERVICE.
- Intended Use
The SERVICE is intended to be used by end user in the territory of the Republic of Indonesia (“Intended Use”). Non-compliance with the Intended Use is strictly prohibited. You shall ensure your use of the SERVICE complies with the Intended Use. You shall solely assume all risks associated with and any liability resulting from your non-compliance with the Intended Use.
- Use of SERVICE
Specific information may be required to use the SERVICE, in such case you will need to submit the required information upon request and ensure the validity and accuracy of the information. Your failure to submit the required valid and accurate information upon request may impact the experience of the SERVICE.
Any instructions or submissions made through your credential constitutes authorized instructions or submission. You shall at any time keep the safety and security of your device and credential.
Any instructions or submissions made through your credential constitutes authorized instructions or submission. You shall at any time keep the safety and security of your device and credential.
The SERVICE or any part of the SERVICE may be available upon payment, in such case no SERVICE or part of the such SERVICE will be made available prior receipt of payment. Cancellation or refund against payment for the SERVICE or any part of the SERVICE is not available.
- Grant of License
Subject to the terms and conditions of these TOS, you are granted a limited, non-exclusive, and revocable license to install, access and use the SERVICE. The services and features provided by the SERVICE or Update (defined below) thereto may vary or be limited depending on certain factors, including, without limitation, your device, operating system, or network operator. Unless you are legally authorized to be bound by an agreement under the laws of the Republic of Indonesia, you are not permitted to enter into these TOS or use the SERVICE unless your parent or legal guardian understands and consents to the terms and conditions of these TOS. If you are a parent or legal guardian permitting a person of minority or under guardianship ("Minor") to use the SERVICE, you agree to: (i) supervise the Minor's use of the SERVICE; (ii) assume all risks associated with the Minor’s use of the SERVICE, (iii) assume any liability resulting from the Minor’s use of the SERVICE; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor or, if required by the laws of your jurisdiction, submit all required information truthfully and accurately on behalf by the Minor; and (v) assume responsibility and are bound by these TOS for the Minor’s access and use of the SERVICE. Furthermore, you, either as a user or a parent or guardian permitting a Minor, irrevocably waive any rights under the applicable law to cancel or revoke any and all consents granted under these TOS or at any time upon use of the SERVICE.
- Reservation of Rights and Ownership
The SERVICE, including its name and logo, code, design, technology, business model, is protected by copyright, trademark and other intellectual property rights available under the laws of the Republic of Indonesia. Kecilin owns all rights and interests on the SERVICE, including all intellectual property rights related thereto.. These TOS and your use of the SERVICE do not grant you any ownership interest in or to the SERVICE, and you are granted only a limited license to use that is revocable in accordance with the terms of these TOS. You may not use the SERVICE to reproduce copyrighted materials, or materials you do not have the right or legal approval for reproduction.
None of the contents may be copied, adapted, translated, licensed, sold, reproduced, distributed, republished, downloaded, displayed, transferred, broadcasted, posted electronically or mechanically, transmitted, recorded, in any manner, photocopied or reproduced without prior written consent of Kecilin or its partner. Any other use of the SERVICE, including any commercial use, modification, distribution or republication without prior written consent of Kecilin is strictly prohibited.
You may not (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the SERVICE; (ii) modify or disable any features of the SERVICE; (iii) create derivative works based on the SERVICE; (iv) rent, lease, lend, sublicense or provide commercial hosting services with the SERVICE; (v) infringe our intellectual property rights or those of any third party in relation to your use of the SERVICE (to the extent that such use is not licensed by these TOS); (vi) use the SERVICE in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these TOS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the SERVICE or any operating system; (vii) use the SERVICE in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (viii) collect or harvest any information or data from the SERVICE or our systems or attempt to decipher any transmissions to or from the servers running the SERVICE; (ix) launch automated programs or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worm, or any program that might make multiple server requests per second, or create heavy loads or hinder the operation or performance of the application.
Furthermore you may not, (i) give a license, sublicense, sell, resell, move, transfer, distribute or commercially exploit or make available to any third party and / or software by means of; (ii) create internet "link" or "frame" or "mirror" any software on other servers or wireless devices or internet-based ones; (iii) reengineering or accessing our software to (a) build competing products or services, (b) build products using ideas, features, functions or similar graphics, or (c) copy ideas, features, functions or graphics.
- Update, Change or Suspension of the SERVICE
Kecilin may, at any time, provide or make available updates or upgrades to the SERVICE (“Updates”), including without limitation bug fixes, service enhancements, new features, deletion of existing functions, or modification of the SERVICE. Updates will be governed by these TOS unless separate terms and conditions are provided with such Updates, in which case those separate terms and conditions shall govern the Updates. Updates for security software or critical bug fixes or other important Updates may be automatically downloaded and installed given the importance of receiving such Updates in a timely manner to help protect you and other users.
Kecilin expressly reserves the right to change, suspend, remove, limit the use of or disable the access to the SERVICE or any portion thereof at any time without notice or liability. Suspension, limitation of the use of or disablement of the access to the SERVICE due to your non-compliance with these TOS will not be compensated in any way.
- Updates to these TOS
We may modify these TOS from time to time. If you do not agree with the proposed changes, you should discontinue your use of the SERVICE and uninstall the application. If you continue using the SERVICE after the new terms take effect, you will be bound by the modified TOS.
- Third Party Services and Content
- Consent for Collection and Use of Data
Without prejudice to the foregoing, your use of the SERVICE constitutes your consent on the collection, use and/or disclosure by Kecilin of your personal information either submitted by you when you use the SERVICE or collected by Kecilin to support the provision of the SERVICE.ou agree that there will be sharing and disclosure of your data or personal information between Kecilin and third parties to support the provision of SERVICE, including but not limited to analytical, research, development, testing and launching of any part of or any new addition to the SERVICE. You understand that this data sharing and disclosure is necessary to support and improve your experience in using the SERVICE and hereby consent to such data sharing.
- Data Access
Some features of the SERVICE may require your device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The SERVICE may require access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the SERVICE may be affected by the suitability and performance of your device hardware or data access.
- Compliance with Law
You acknowledge and agree to comply with any and all applicable laws and regulations in the jurisdiction of the Republic of Indonesia in using the SERVICE.
These TOS are effective until terminated. You can terminate these TOS by ceasing your use of the SERVICE and uninstalling, deleting and returning all related software, documentations and other materials provided by Kecilin, including backup copies thereof. Should you not comply with these TOS, your rights based on these TOS will be automatically terminated without notice from Kecilin. Upon either your or Kecilin’s termination of these TOS, you must immediately cease all use of the SERVICE.
- Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM KECILIN, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICE, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICE OR LINKED TO BY THE SERVICE. KECILIN DISCLAIMS ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE ANY MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KECILIN OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY KECILIN OF WARRANTY REGARDING THE SERVICE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM KECILIN.
- Limitation of Liability
Kecilin and you do not limit or exclude liability for any types of loss or damage for which liability cannot, under applicable law, be excluded or limited, to the extent that the applicable law prevents such exclusion or limitation, or to the extent that a court of competent jurisdiction judges that such an exclusion or limitation would be ineffective under applicable law.
Subject only to the foregoing, Kecilin shall not be liable for loss, damage or liability under contract (including negligence), laws on third party obligations (including ‘tort’ and negligence claims) or statutory obligations or any other legal basis whatsoever, even if Kecilin was specifically put on notice of the risk of such loss (i) where the loss is indirect, incidental, indirect, special, consequential, special or comprises exemplary or punitive damages, or (ii) for any loss of profit, loss of business, loss of opportunity, loss of data or (iii) where the loss relates to errors, omissions or interruptions, computer viruses, connection or connectivity problems or network charges.
Subject only to the foregoing, Kecilin’s total financial liability to you arising from or in connection with these TOS, the SERVICE or related matters shall not exceed the amount you paid Kecilin or Kecilin’s affiliate specifically for the claimed part of the SERVICE.
You acknowledge that the above provisions of clauses 11 and 12 are reasonable given the benefits of the SERVICES and you will accept such risk and/or insure accordingly.
IT IS ESSENTIAL THAT YOU BACK UP YOUR DATA ON YOUR DEVICE BEFORE USING THE SERVICES TO AVOID LOSING ANY DATA.
You agree to indemnify, defend, and hold harmless Kecilin, its owners, its affiliates, its contractors, employees, and agents from any claims, losses, damages, liabilities (including legal fees and expenses) arising out of your use or misuse of the SERVICE, your violation of the rights of any third party, or any breach of these TOS.
You expressly agree that you shall withhold of class action suits against the SERVICE, and that all (if any) proceedings against the SERVICE occur, such shall be handled on an individual basis, based on rules established and agreed to in these TOS.
The terms and conditions of these TOS that by nature shall survive the termination of these TOS, including but not limited to clauses 14 regarding Limitation of Liability and clauses 15 regarding Indemnification, shall remain valid after the termination of these TOS.
- Power of Attorney
In connection with the rights of Kecilin under these TOS, you hereby grant Kecilin an irrevocable power to perform and exercise such rights. The said power will remain valid and will not terminate for any reasons whatsoever including the reasons set out in Article 1813, 1814 and 1816 of the Indonesian Civil Code until all rights of Kecilin have been performed and exercised.
- No Waiver
Waiver by Kecilin of or Kecilin’s delay or failure in filing a claim against any breach of any provision in these TOS or in exercising any rights provided under these TOS shall not be deemed as a waiver in connection with a substantial breach of any provision of these TOS.
These TOS are made in English and Indonesian language. In the event of inconsistency between the English language version and the Indonesian language version, the Indonesian language version shall prevail.
You may not assign your right under these TOS without Kecilin’s prior written consent. Kecilin reserves its rights to assign any of its rights under these TOS to its affiliates or other third parties based on Kecilin’s full discretion.
- Applicable Law & Dispute Resolution
These TOS are governed and construed under the laws of the Republic of Indonesia.
For any dispute you have with Kecilin, you agree to first contact us and attempt to resolve the dispute with us informally (“Initial Dispute Resolution”). We each agree to resolve any dispute arising out of or in connection with, or relating to this TOS directly through consultation and good faith negotiations, which shall be a precondition to either party initiating arbitration.
Any dispute arising out of, from the implementation or interpretation of these TOS that cannot be amicably settled in Initial Dispute Resolution shall be subject to the exclusive jurisdiction of the District Court of South Jakarta
- Entire Agreement
These TOS are the entire agreement between you and Kecilin relating to the SERVICE and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SERVICE or any other subject matter covered by these TOS. If any provision of these TOS is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
- Force Majeure
The Company will not be responsible for any failure to perform its obligations under this TOS due to circumstances beyond its reasonable control including, without limitation, acts of God, war, terrorism, embargoes, acts of civil or military authorities, fire, flood, or accidents.
- Electronic Communications
When you use the SERVICE or send email(s) to Kecilin, you are communicating electronically. You consent to receive communications from Kecilin electronically by way of email or SMS or through Kecilin application. You agree that all agreements, notices, disclosures and other communications that Kecilin provides to you electronically satisfy all legal requirements. In connection with your use of the SERVICES, Kecilin may send you SERVICE announcements, administrative messages, and other information.