Parties
This agreement is entered into by and between you, the user or client (referred to herein as "you," "your," or "User"), and Kua Infotech Inc., a corporation duly incorporated under the laws of Canada, operating under the trade name KuaTech, with its registered office located at 30-1380 Costigan Rd, Milton, Ontario, L9T 8L2, Canada (referred to herein as "KuaTech," "Company," "we," "us," or "our").
1. Acceptance of Terms
By accessing, browsing, or otherwise using the website located at kuatech.buzz and any subdomains thereof, including all associated services, features, content, and applications offered by Kua Infotech Inc. (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (the "Terms"), as well as our Privacy Policy, which is incorporated by reference into these Terms. If you are entering into these Terms on behalf of a legal entity, you represent and warrant that you have the full authority to bind that entity to these Terms.
Your use of the Services is expressly conditioned upon your acceptance of and compliance with these Terms in their entirety. If you do not agree with any part of these Terms, you must immediately discontinue all access to and use of the Services. We reserve the right, in our sole discretion, to modify or replace these Terms at any time. Any changes become effective immediately upon posting to this page. Your continued use of the Services following the posting of any revised Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically for updates.
KuaTech reserves the right to refuse service, terminate accounts, or restrict access to the Services, in whole or in part, at any time and for any reason, with or without prior notice, and without liability to you or any third party. We may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability. You acknowledge that KuaTech shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
2. Description of Services
Kua Infotech Inc., operating as KuaTech, is a professional computer systems design and related services company. The Services we provide encompass, but are not limited to, the following categories of professional engagement:
2.1 Core Service Categories
Cloud Architecture and Infrastructure Design: Multi-cloud strategy development, migration planning, infrastructure-as-code implementation, capacity planning, disaster recovery design, and cloud cost optimization. These services are delivered through a combination of consulting engagements, architectural documentation, and hands-on implementation support.
Cybersecurity and Compliance Services: Threat modeling, vulnerability assessments, penetration testing, security architecture reviews, SOC2 and ISO 27001 readiness programs, security operations center design, incident response planning, and ongoing compliance monitoring. All security engagements are governed by separate statements of work that specify scope, methodology, and deliverables.
Custom Software Engineering: Full-stack application development, API design and implementation, legacy system modernization, microservices architecture design, database engineering, quality assurance automation, and ongoing maintenance and support. Development work is typically delivered under fixed-price or time-and-materials contracts with defined milestones and acceptance criteria.
Data Engineering and Analytics: Data pipeline architecture, real-time streaming infrastructure, data warehouse design and implementation, ETL/ELT workflow development, business intelligence dashboarding, and machine learning model deployment. These services may involve the processing of data that you provide or that is generated through your use of our systems.
Managed Operations and Platform Engineering: 24/7 monitoring, incident response, patch management, CI/CD pipeline management, internal developer platform construction, and ongoing infrastructure maintenance. Managed services are subject to mutually agreed service level agreements that define uptime targets, response times, and escalation procedures.
2.2 Service Engagement Terms
All professional services provided by KuaTech are governed by a separate written agreement, statement of work, or engagement letter (the "Service Agreement") executed by both parties. In the event of any conflict or inconsistency between these Terms and the Service Agreement, the provisions of the Service Agreement shall prevail with respect to the specific services described therein. These Terms apply to all interactions that are not explicitly governed by a separate Service Agreement, including but not limited to your use of the website, general inquiries, and preliminary consultations.
3. Website Use and Access
Subject to your compliance with these Terms, KuaTech grants you a limited, non-exclusive, non-transferable, revocable license to access and use the website at kuatech.buzz and any associated content solely for your internal business purposes. This license does not include any right to reproduce, modify, distribute, publicly display, or create derivative works of any portion of the website or its content without our express prior written consent.
3.1 Permitted Uses
You may use the website to learn about KuaTech services, submit inquiries through our contact forms, access publicly available resources and documentation, and communicate with us regarding potential business engagements. Any commercial use of the website beyond these purposes, including but not limited to data mining, scraping, or systematic content extraction, is strictly prohibited unless authorized by a separate written agreement.
3.2 Prohibited Conduct
In connection with your use of the Services, you agree not to engage in any of the following prohibited activities: (a) violating any applicable local, provincial, national, or international law, statute, ordinance, or regulation; (b) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (c) uploading, transmitting, or distributing any malicious code, viruses, worms, Trojan horses, or other harmful or destructive content; (d) attempting to gain unauthorized access to any portion of the Services, including other users' accounts, computer systems, or networks connected to the Services; (e) interfering with or disrupting the integrity or performance of the Services or the data contained therein; (f) impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (g) using any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission; (h) collecting or harvesting any personally identifiable information from the Services, including account names, email addresses, or phone numbers; (i) engaging in any activity that imposes an unreasonable or disproportionately large load on our infrastructure; or (j) assisting, encouraging, or enabling any third party to engage in any of the prohibited activities described in this section.
3.3 Account Registration
Certain features of the Services may require you to register for an account. When you create an account, you agree to provide accurate, current, and complete information and to update that information promptly if it changes. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. KuaTech shall not be liable for any loss or damage arising from your failure to comply with these account security obligations.
4. Intellectual Property Rights
All content, features, and functionality available through the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, page layout, underlying code, software, and the design, selection, and arrangement thereof (collectively, the "KuaTech Content"), is owned by Kua Infotech Inc., its licensors, or other providers of such material and is protected by Canadian, United States, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.1 Trademarks
The name KuaTech, the KuaTech logo, the domain name kuatech.buzz, and all related names, logos, product and service names, designs, and slogans are trademarks and service marks of Kua Infotech Inc. or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners. Nothing in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Services without the prior written permission of KuaTech or the respective trademark owner.
4.2 User-Generated Content and Project Deliverables
If you submit, post, or otherwise make available any content, materials, or information through the Services (collectively, "User Content"), you grant KuaTech a worldwide, non-exclusive, royalty-free, fully paid-up license to use, reproduce, modify, adapt, publish, and display such User Content solely to the extent necessary to provide and improve the Services. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing license and that your User Content does not infringe, misappropriate, or violate any third-party intellectual property or other rights.
With respect to custom deliverables created for you under a Service Agreement, ownership and licensing terms shall be governed by the terms of that Service Agreement. Unless otherwise specified in the Service Agreement, KuaTech retains all rights, title, and interest in and to its pre-existing tools, methodologies, frameworks, and intellectual property that may be incorporated into project deliverables, and grants you a perpetual, non-exclusive license to use such pre-existing materials solely as part of and in connection with the deliverables.
5. User Obligations and Responsibilities
As a user of the KuaTech Services, you undertake and agree to the following obligations, which are material to the performance of these Terms and any ancillary Service Agreement:
5.1 Accuracy of Information
You are responsible for ensuring that all information you provide to KuaTech, whether through the website, contact forms, email, or in the course of a professional engagement, is truthful, accurate, current, and complete. You agree to promptly update any information that becomes inaccurate or outdated. KuaTech relies on the accuracy of the information you provide to deliver its Services effectively, and any delay, error, or deficiency arising from inaccurate information shall not be the responsibility of KuaTech.
5.2 Compliance with Laws
You agree to comply with all applicable laws, regulations, and industry standards in connection with your use of the Services, including but not limited to those governing data protection and privacy (such as PIPEDA and GDPR), export controls, anti-corruption, anti-money laundering, and consumer protection. You shall not use the Services for any unlawful or unauthorized purpose, and you shall ensure that your use of the Services does not cause KuaTech to be in violation of any law or regulation.
5.3 Cooperation and Access
Where KuaTech is engaged to provide professional services, you agree to provide reasonable cooperation, access to facilities, systems, and personnel, and timely responses to requests for information, as may be necessary for KuaTech to perform its obligations. Delays or failures attributable to your lack of cooperation or failure to provide necessary access may result in adjustments to project timelines and associated costs, for which KuaTech shall bear no responsibility.
5.4 Third-Party Services
The Services may integrate with or rely upon third-party products, platforms, or services (such as cloud providers, SaaS applications, or API services). Your use of any third-party services is governed by the terms and conditions of those third parties, and KuaTech makes no representations or warranties regarding the availability, performance, or security of such third-party services. You are solely responsible for maintaining the necessary licenses, accounts, and permissions for any third-party services used in connection with our Services.
6. Confidentiality
In the course of our engagement with you, KuaTech may receive or have access to confidential and proprietary information relating to your business, technology, operations, or clients. Similarly, you may receive or have access to confidential information relating to KuaTech methodologies, tools, and business practices. Both parties agree to treat as confidential all non-public information disclosed by the disclosing party to the receiving party, whether disclosed orally, in writing, or through any other medium, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (the "Confidential Information").
6.1 Obligations of Confidentiality
Each party agrees: (a) to hold the other party's Confidential Information in strict confidence and to take all reasonable precautions to protect such information, using a degree of care no less than the degree of care used to protect its own confidential information of a similar nature; (b) not to use the Confidential Information for any purpose other than the performance of obligations or exercise of rights under these Terms or the applicable Service Agreement; (c) not to disclose the Confidential Information to any third party without the prior written consent of the disclosing party; and (d) to limit access to the Confidential Information to those employees, contractors, and agents who have a need to know such information for purposes consistent with these Terms and who are bound by confidentiality obligations at least as restrictive as those set forth herein.
6.2 Exclusions
Confidential Information does not include information that: (a) is or becomes publicly available through no breach of these Terms by the receiving party; (b) was rightfully in the receiving party's possession without restriction prior to disclosure by the disclosing party; (c) is rightfully obtained by the receiving party from a third party without breach of any obligation of confidentiality; or (d) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.
6.3 Compelled Disclosure
If the receiving party is required by law, regulation, court order, or other governmental authority to disclose any Confidential Information, the receiving party shall, to the extent legally permissible, promptly notify the disclosing party so that the disclosing party may seek a protective order or other appropriate remedy. The receiving party shall disclose only that portion of the Confidential Information that is legally required and shall use reasonable efforts to obtain confidential treatment for any disclosed information.
7. Disclaimer of Warranties
8. Limitation of Liability
9. Indemnification
You agree to defend, indemnify, and hold harmless Kua Infotech Inc., its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees and costs of investigation) of any kind, whether known or unknown, arising out of or relating to: (a) your use of or access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; (d) your violation of any applicable law, rule, or regulation; (e) your User Content or any content that is submitted via your account, including without limitation misleading, false, or inaccurate information; (f) any misrepresentation made by you; or (g) any claim that your User Content caused damage to a third party.
KuaTech reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate fully with KuaTech in asserting any available defenses. You shall not settle or compromise any claim subject to this indemnification provision without the prior written consent of KuaTech, which consent shall not be unreasonably withheld.
10. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule that would result in the application of the laws of any other jurisdiction.
Any legal suit, action, or proceeding arising out of or relating to these Terms or the Services shall be instituted exclusively in the courts of Ontario, Canada, sitting in the City of Toronto, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If you access the Services from outside Canada, you do so at your own risk and are responsible for compliance with all applicable local laws. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
11. General Provisions
11.1 Entire Agreement
These Terms, together with our Privacy Policy and any Service Agreement executed between you and KuaTech, constitute the entire agreement and understanding between you and Kua Infotech Inc. concerning the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the parties relating to the Services. No amendment, modification, or supplement to these Terms shall be effective unless made in writing and signed by an authorized representative of KuaTech.
11.2 Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the intent of the parties as closely as possible. If such modification is not possible, the invalid provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalidity, illegality, or unenforceability of any provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
11.3 Waiver
No failure or delay by KuaTech in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions.
11.4 Assignment
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms, in whole or in part, whether by operation of law, merger, change of control, or otherwise, without the prior express written consent of KuaTech. Any attempted assignment, transfer, delegation, or sublicense in violation of this provision shall be null and void. KuaTech may assign, transfer, or delegate these Terms, in whole or in part, without restriction and without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
11.5 Force Majeure
Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by events or circumstances beyond that party's reasonable control, including but not limited to acts of God, natural disasters, fire, explosion, flood, earthquake, epidemic, pandemic, war, terrorism, civil unrest, riot, labor strike or dispute, embargo, governmental action or regulation, interruption or failure of utility services, internet or telecommunications outage, denial-of-service attacks, or any other cause, whether similar or dissimilar to the foregoing, that could not have been reasonably foreseen or prevented by the affected party (a "Force Majeure Event"). The party claiming the benefit of this provision shall promptly notify the other party of the occurrence and nature of the Force Majeure Event and shall use reasonable efforts to mitigate the effects of such event and resume performance as soon as reasonably practicable.
11.6 Relationship of Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, agency relationship, franchise relationship, or employment relationship between you and KuaTech. Each party is an independent contractor, and neither party has the authority to bind the other or incur any obligation on the other's behalf without the other's prior written consent. KuaTech provides its Services as an independent contractor, and all personnel providing Services on behalf of KuaTech shall be deemed employees or contractors of KuaTech and not of the client.
11.7 Third-Party Beneficiaries
These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms. No third party shall have any right to enforce any provision of these Terms, whether under the Contracts (Rights of Third Parties) Act or otherwise.
11.8 Electronic Communications
When you use the Services or send communications to KuaTech via email, contact forms, or other electronic means, you are communicating with us electronically. You consent to receive communications from us electronically, including by email and by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11.9 Headings and Interpretation
The section headings contained in these Terms are for convenience and reference purposes only and shall not affect the meaning or interpretation of these Terms. The word "including" and variations thereof shall be deemed to be followed by the phrase "without limitation" whether or not such phrase actually appears. Unless the context otherwise requires, words importing the singular shall include the plural and vice versa, and words importing any gender shall include all genders.
11.10 Survival
The provisions of these Terms that by their nature should survive termination or expiration of these Terms shall so survive, including but not limited to those relating to intellectual property rights, confidentiality, disclaimer of warranties, limitation of liability, indemnification, governing law, and any other provisions that are expressly stated to survive or that are by their nature intended to continue beyond the term of these Terms.
12. Contact Information
If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to provide legal notice to KuaTech as required by these Terms, please contact us using the information below. We strive to respond to all legitimate inquiries within two business days.
Kua Infotech Inc.
Registered Office:
30-1380 Costigan Rd
Milton, Ontario L9T 8L2
Canada
Email: support@kuatech.buzz
Phone: +1 (574) 901-3956
Website: www.kuatech.buzz
Legal Notices: All formal legal notices, including notices of breach, termination, or dispute, shall be sent by email to the address above with the subject line "Attention: Legal Department" and by registered or certified mail, return receipt requested, to the registered office address above. Notices sent by email alone shall not be deemed effective for legal purposes unless confirmed by physical mail as described herein.
For general inquiries about our services, partnership opportunities, or media requests, you may also use the contact form available on our homepage at kuatech.buzz. Please note that while we make every effort to respond promptly, the contact form should not be used for the delivery of formal legal notices.
We value transparency and open communication. If you believe that KuaTech has not adhered to these Terms or has otherwise engaged in conduct that you consider inappropriate, we encourage you to contact us directly so that we may address your concerns. We are committed to resolving disputes amicably and in good faith before resorting to formal legal proceedings.