KimaroTec Terms and Conditions

Last Updated: February 1, 2025

These Terms and Conditions (“Terms”) govern your use of KimaroTec’s website builder and related services (“KimaroTec Services”) provided by KimaroTec, a company based in Morocco. By accessing or using our Services, you (“User” or “you”) agree to be bound by these Terms. If you do not agree, you must immediately cease using our Services.

1. Services and User Platform

KimaroTec offers a user-friendly website builder using a simplified WordPress version and Page Composer, enabling you to create, manage, and maintain a professional, responsive online presence. Features may include booking systems, payment integrations, and galleries (“User Platform”).

• Scope: We create your website based on our ready-made demos and references shared during initial communication. Functionality will generally match the initial presentation. Booking system modifications are customizations, subject to system compatibility and additional fees.
• Access: The User Platform is provided “as is,” with limited WordPress features and no source code access. You may evaluate it via a “try the demo-before-you-buy” option.
• Support: One year of free support and maintenance is included, covering User-provided text and image updates, bug fixes, security updates, restoration, and available upgrades.

2. User Account and Responsibilities

To use KimaroTec Services, you must create a User Account with accurate contact and billing information. You are responsible for:

• Safeguarding your login credentials and all activities under your User Account.
• Inviting Contributors to access your User Platform, assigning roles, and being liable for their actions. Contributors must create their own User Accounts.
• Ensuring ownership disputes are resolved. KimaroTec recognizes the account owner as the person or entity linked to the registered email address and may suspend accounts during disputes.

3. Payment Terms

Payments for KimaroTec Services are as follows:

• Website Builder: A one-time installation fee, payable in full via instant money transfer or bank transfer, is required before work begins.
• Support and Maintenance: After the first year of free support, an annual fee of €90/year is charged via an automatic PayPal subscription, auto-renewing unless canceled.
• Paid Services: Additional features or customizations incur extra fees, agreed upon separately.
• Non-Refundable: All payments are final, with refunds at KimaroTec’s sole discretion. No money-back guarantee is offered unless stated.

4. User Obligations and Conduct

You agree to:

• Be of legal age, provide accurate information, and comply with applicable laws.
• Own or have rights to all User Content (e.g., images, text, designs), ensuring it is legal and non-infringing.
• Promptly provide content, back up User Content, and refrain from reverse-engineering or accessing source code.
• Not use Services for illegal activities, spam, or unethical marketing, nor overload our infrastructure.
• Maintain respectful communication. Inappropriate, offensive, abusive, or discriminatory language (e.g., hate speech, harassment, threats) is prohibited. Violations may lead to account suspension or termination without refund.

5. Suspension, Termination, and Data Removal

KimaroTec reserves the right to manage accounts as follows:

• Cancellation by User: You may cancel your User Account or Paid Services via account settings or by contacting us. Support subscription cancellation requires PayPal cancellation one (1) month before renewal. Website builder services are non-cancelable.
• Suspension or Termination by KimaroTec: We may suspend or terminate your User Account for non-payment, violation of these Terms (e.g., bad behavior), or at our discretion, resulting in potential loss of User Content or features (“Capacity Loss”).
• Data Loss: Upon termination, all User Account data may be deleted and cannot be recovered.
• Data Removal After Suspension: If your User Account is suspended, KimaroTec may remove all associated data (e.g., User Content, settings) without notice. KimaroTec has no legal obligation to retain, restore, or provide access to such data, and you waive any related claims.

6. Intellectual Property

Ownership and rights are as follows:

• Client’s Intellectual Property : You retain ownership of User Content and grant KimaroTec a non-exclusive, transferable, royalty-free, worldwide license to use it for delivering and improving Services. If you comply with these Terms, you have the right to request an XML file containing your website’s page content and a ZIP file with all images you uploaded to the website, provided your User Account is active and in good standing. Requests can be made by contacting hello@kimarotec.net. If you violate these Terms, KimaroTec may withhold such content at its discretion. KimaroTec is not responsible for how you use the provided XML file or images, and you are solely responsible for their use after receipt. No claims for damages related to these file requests may be made against KimaroTec after the files are provided.
• KimaroTec Intellectual Property: KimaroTec owns all rights to its platform, templates, code, and designs. You receive a non-exclusive, revocable license to use the User Platform, subject to these Terms. No source code access is provided.
• Feedback: Feedback you provide becomes KimaroTec’s property, with all rights assigned for service enhancements.

7. Warranty and Limitation of Liability

KimaroTec Services are provided “as is,” with no warranties, express or implied, including merchantability or fitness for a particular purpose. KimaroTec is not liable for any damages (direct, indirect, punitive, or incidental) arising from Service use, interruptions, or data loss. These limitations are essential to our pricing.

8. Governing Law and Dispute Resolution

These Terms are governed by the laws of Marrakech, Morocco. Any disputes shall be resolved in the courts of Marrakech, Morocco.

9. Amendments

KimaroTec may update these Terms without notice. You are responsible for reviewing the latest version at https://kimarotec.net/. Continued use of Services constitutes acceptance of updates.

10. Contact Us