January 26, 2022
Welcome to My Kanban. Before you use the My Kanban software and service, you must read and agree to these Terms of Use ("Agreement").
My Kanban ("Application" or "Service") is a product made by Antair ("Company"), a company based in New York, USA. You can reach us by email at support@antair.com
By using My Kanban you warrant that you have read these Terms of Use, and that you agree to be bound by them. If you do not agree to be bound by these Terms of Use, please cease any use of the My Kanban application and services.
You understand and agree that the Application is provided on an AS IS, and AS AVAILABLE basis. Antair disclaims all responsibility and liability for the availability, timeliness, security, or reliability of the Application, with or without notice, at any time, and without any liability to you.
The Application is made available to you for your personal use only. You must be at least eighteen (18) years of age to use this Application.
My Kanban can be used without signing up for an account. If you opt to sign up for an account, you must provide current and accurate information. You are responsible for maintaining the confidentiality of your account and account password, as well as all activities that occur thereunder.
You agree that you will use the Application in compliance with all applicable local, state, national, and international laws, rules, and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You agree that you will not use the Application:
Violation of any of the preceding may result in termination of this Agreement, and may subject you to state and federal penalties or other legal consequences. Antair reserves the right, but shall have no obligation, to investigate your use of the Application in order to determine whether a violation of the Agreement has occurred, or to comply with any applicable law, regulation, or legal process or governmental request.
The sync server operates only for purposes of allowing you to access your data across multiple devices. It is provided as a service, and is not meant to be a permanent or authoritative storage mechanism for your task data.
All task data created in My Kanban is stored locally on your device. As such, the Application can be used without needing access to the sync server.
We may need to interrupt your access to the sync server to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that the Application, or certain functionality within the Application, may be affected by anticipated, unanticipated, scheduled, and/or unscheduled downtime, for any reason, but that Antair shall have no liability for any damage or loss caused as a result of such downtime.
Data synchronization is offered on a BEST EFFORT basis. When available, the sync server will attempt to synchronize your data to the best of its abilities and within limits of the synchronization algorithm available to it at the time. No guarantee is made that data will be synchronized across all devices, to any degree. You acknowledge that loss of data is a possible result of the synchronization process, and that you are using the My Kanban Application and Service at your own risk.
While Antair attempts to maintain the safety and security of the Service according to industry standards, no transmission or storage of data is completely secure. Thus, you agree that your use of My Kanban and the Service is at your own risk.
You acknowledge that Antair owns all right, title, and interest in and to the My Kanban Application and Service. You agree that My Kanban and all services provided by My Kanban are the property of Antair, including all copyrights, trademarks, trade secrets, patents, and other intellectual property. The My Kanban intellectual property also includes the My Kanban mobile applications and website. You agree not to reproduce or distribute the My Kanban intellectual property in any way, including electronically, or via registration of any new trademarks, trade names, service marks, or domain names, without express written permission from Antair. You further agree that you will not copy, reproduce, alter, modify, or create derivative works from the Application.
Antair does not claim any ownership in any of the content that you create, upload, transmit, or store in your My Kanban application or account. We will not use any of your content for any purpose other than to provide you with the Service.
You agree to the terms of the My Kanban Privacy Policy, located at https://mykanban.antair.com/privacy.html
Antair reserves the right to refuse service to anyone, at any time, without notice, and for any reason.
Account registration. Some functionality requires you to complete an account-registration form. You agree that we may use your user data to provide services on the Application, and you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction. We have the right to suspend or terminate your account and refuse any and all current or future use of the Application at any time.
Subscription payments, renewals, and cancellation. If you choose to buy a My Kanban Premium subscription, payment will be charged to your Apple or Google account at the confirmation of purchase. The subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store or Google Play Store after purchase. All purchases are final. Antair cannot issue refunds for purchases charged to your Apple or Google account.
Disclaimer of warranties and liability. The information, software, products, services, and content available in the app are provided to you “as is” and without warranty. Antair and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors hereby disclaim all warranties with regard to such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement. Antair and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that (a) the service will meet your requirements; (b) the service will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the service will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and (e) any errors in the app will be corrected. You expressly agree to release Antair, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “released parties”) from any and all liability connected with your activities, and promise not to sue the released parties for any claims, actions, injuries, damages, or losses associated with your activities. You also agree that in no event shall the released parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of the app, (b) your dealings with third party service providers or advertisers available through the app, (c) any delay or inability to use the app experienced by you, (d) any information, software, products, services, or content obtained through the app, whether based on contract, tort, strict liability, or otherwise, even if Antair has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Indemnification. You agree to hold harmless and indemnify Antair, and its subsidiaries, affiliates, officers, agents, and employees from and against any and all legal claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees of every kind and nature which may arise from or relate to your use or misuse of My Kanban or the Services, your breach of this Agreement, or your conduct or actions, or the conduct or actions of any other My Kanban user in relation to you. You agree that Antair shall be able to select its own legal counsel and may participate in its own defense, if we wish.
Claim Limitation. Any cause of action or claim you may have, arising out of or relating to this agreement, must be commenced within 1 (one) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Modification. You agree that we have the right to modify this Agreement or revise anything contained herein, at any time, and for any reason. If we do so, we may notify you at any email address we have for you. We will also change the date at the top of this Agreement. You further agree that all modifications to this Agreement are in full force and effective immediately upon posting online, and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to, or incorporated into, the latest modification or variation of this Agreement. You agree that your continued use of My Kanban after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
Applicable laws. The My Kanban application is controlled by Antair from its offices within the United States of America. We make no representation that the Application is appropriate or available for use in other locations, and access to it from territories where its use is illegal is prohibited. Those who choose to access this Application from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Application in violation of U.S. export laws and regulations. Any action related to the Application or the Terms of Use shall be governed by New York law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Nassau County, New York for any legal proceedings related to the Application or the Terms of Use. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms of Use, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Application or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. Sections 9, 11, 12, 13, 15 and 16 shall survive termination of your account and/or the Terms of Use.