Terms & Conditions

Terms of Service & EULA

This MKC TECH LLC Terms of Service cum EULA is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.

MKC TECH LLC Terms of Service cum EULA ("End User License Agreement") is a legal agreement between MKC TECH LLC ("Licensor," "We"), located at 1209 Mountain Road Pl Ne, Albuquerque, NM 87110, USA and You ("Customer" or "Client") for MKC TECH LLC's SOFTWARE and SERVICES identified below, which may include associated software components, media, and documentation ("MKC TECH LLC SOFTWARE").

By subscribing, installing, copying, or otherwise using the MKC TECH LLC SOFTWARE, you agree to be bound by the terms of this agreement. This license agreement represents the entire agreement concerning the program between you and MKC TECH LLC, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this agreement, do not subscribe, install, or use the MKC TECH LLC SOFTWARE.

1. Grant of License

Subject to the terms and conditions of this Agreement, MKC TECH LLC grants to you a non-exclusive, non-transferable license to use the MKC TECH LLC SOFTWARE. You may use the Licensed Program for your own use only. You may not transfer or sublicense the MKC TECH LLC SOFTWARE to any third party, in whole or in part, in any form, whether modified or unmodified.

2. License Restrictions

You shall not:

• Copy, modify, or transfer the MKC TECH LLC SOFTWARE or any copy in whole or in part
• Reverse engineer, decompile, disassemble, or create derivative works based on the MKC TECH LLC SOFTWARE
• Vary, delete, or obscure any notices of proprietary rights or restrictions
• Place your logo or any other identification on MKC TECH LLC SOFTWARE without written permission
• Attempt to manipulate or access server configurations or root access details
• Rent, lease, sub-license, sell, assign, or transfer this license

3. Ownership and Intellectual Property

The MKC TECH LLC SOFTWARE is protected by copyright laws and international copyright treaties. MKC TECH LLC SOFTWARE is licensed, not sold. The copyright, source code ownership rights, database rights, and every other intellectual property right in the programs and data files which constitute MKC TECH LLC SOFTWARE are and remain the property of MKC TECH LLC.

Original and any copies of the MKC TECH LLC SOFTWARE made by you, including translations, compilations, partial copies, modifications, and updates, are the properties of MKC TECH LLC.

4. Payment Terms

Payment shall be accepted through Bank Transfer, Cheque, Payment Gateway, PayTM, GPay, or other online payment methods such as PayPal or Payoneer. Online payment processing fees shall be payable by you.

We reserve the right to immediately stop your access to MKC TECH LLC SOFTWARE in case of delay of payment or non-payment. You agree that if you raise any disputes with payment processors without valid justification, you allow us to instruct the payment processor to credit the payment in our account.

5. Refund & Cancellation Policy

We offer a trial period for users who want to try our services. Once you have evaluated our services and made a payment, you agree and acknowledge that if you elect to cancel your subscription after payment, you shall not be entitled to any refund. You further agree that you shall not raise any dispute with the payment repository for refunding the payment.

6. Data Security, Privacy & Warranty

Data Security:

Data security and privacy are of utmost importance. We maintain technical and organizational security controls including: AES-256 encryption for data at rest, TLS 1.2+ encryption for data in transit, NDA agreements with employees, comprehensive data protection induction training, appropriate exit compliance, removal of access rights for departing employees, multi-factor authentication for all user access, regular penetration testing, annual SOC 2 Type II audits, and timely notification to customers in case of security breaches.

Privacy Compliance:

We comply with applicable privacy laws including GDPR (EU/EEA), UK GDPR, CCPA/CPRA (California), FCC regulations, CPNI requirements, and other state and international privacy laws. Please refer to our Privacy Policy for detailed information on how we collect, use, disclose, and protect your personal data. We respect your privacy rights including rights to access, correction, deletion, data portability, and opt-out options as applicable under your jurisdiction.

Warranty:

MKC TECH LLC represents and warrants that it is fully committed to delivering services as specified in this Agreement in a professional and workmanlike manner and as per best industry practice. In case any discrepancy, defect, or bug is found in the MKC TECH LLC SOFTWARE, we will arrange for rectification at our own costs in a timely manner.

7. Limitation of Liability

In no event will MKC TECH LLC be liable to you for any damages, including any process interruptions, lost profits, lost savings, data corruption/loss, or any indirect, special, incidental, or consequential damages arising out of the use of or inability to use MKC TECH LLC SOFTWARE, even if MKC TECH LLC has been advised of the possibility of such damages.

MKC TECH LLC's liability under any provisions of this Agreement for damages finally awarded shall be limited to the amount of the last invoice actually paid by you. MKC TECH LLC shall not be liable for any issues related to your network, hardware devices, security breaches, and other system components.

7A. Your Privacy Rights and Data Subject Rights

You have important privacy rights regarding your personal data. Depending on your location, you may have the following rights:

General Rights:

• Right to access your personal data and receive a copy
• Right to correct inaccurate or incomplete personal data
• Right to request deletion of your personal data (subject to legal obligations)
• Right to data portability and transfer to another provider
• Right to withdraw consent at any time without affecting prior processing
• Right to opt-out of marketing communications and non-essential processing
• Right to lodge complaints with data protection authorities

GDPR and UK GDPR Rights (EU/EEA and UK Residents):

Additional rights include right to restrict processing, right to object to processing based on legitimate interests, and rights regarding automated decision-making. These rights apply under GDPR and UK GDPR as applicable.

CCPA/CPRA Rights (California Residents):

You have rights to know what data is collected and how it's used, right to delete personal information, right to correct inaccurate data, and right to opt-out of the sale or sharing of personal information for targeted advertising.

CPNI Rights (Telecommunications Customers):

You have the right to approve any marketing use of CPNI (Customer Proprietary Network Information) and the right to file complaints with the FCC regarding our CPNI practices.

To exercise any of these rights, please contact us at privacy@mkctech.net with your name, email address, and specific request. We will respond within 30-45 days. For complete details on how we process your data and your rights, please review our Privacy Policy.

8. Data Breach Notification

In the event of a confirmed personal data breach affecting your information, we will notify affected individuals without undue delay, typically within 72 hours. Notifications will include information about the affected data categories, our response steps, and the status of our investigation. We will also notify regulatory authorities where required by law (such as the FCC, DPA, or state regulators) and provide appropriate support services to affected individuals.

9. Confidentiality & Non-Disclosure

Each Party agrees to comply with confidentiality provisions. A Party shall not disclose the other Party's Confidential Information without prior written approval. Each Party shall take reasonable steps to ensure that employees, agents, and sub-contractors do not disclose Confidential Information.

MKC TECH LLC shall hold any personal information in absolute confidence and shall not copy or transfer the information except as agreed. The personal information shall be used solely to discharge its obligations and for backup purposes.

10. Term and Termination

This agreement shall commence on the Effective Date and continue for the Initial Subscription Term. After the initial term, this agreement shall be renewed for successive periods unless either party notifies the other of termination in writing at least 30 days before the end of the subscription term.

Upon termination, all licenses granted shall immediately terminate, and you shall take backup of your data within 60 days. Call recording data will be available for 7 days from expiry date. Data will be automatically deleted after 60 days for which MKC Tech shall not be responsible.

11. Dispute Resolution & Governing Laws

Governing Law:

This Agreement shall be governed and interpreted by the laws of the United States. The exclusive jurisdiction shall be in the courts located in Wyoming, and both parties hereby consent to such personal and exclusive jurisdiction.

Dispute Resolution:

All disputes arising out of this Agreement shall first be referred to mediation. If mediation fails within 30 Business Days, the subject matter shall be submitted to arbitration. The costs and expenses of arbitration shall be payable as per the arbitrator's award.

12. User Conduct and Undertakings

You undertake to:

• Ensure all employees and agents are notified of this license and agreement terms
• Hold all information relating to the MKC Tech SOFTWARE confidential
• Not disclose information to any third party without MKC Tech's consent
• Not use the website for any unlawful purpose
• Not transmit obscene, offensive, or harassing content
• Not attempt to gain unauthorized access to our systems
• Not offer gifts or attempt circumvention of this Agreement

13. Force Majeure

If performance by either Party is prevented or delayed by causes beyond their control (including transportation, strikes, electrical failures, internet failures, pandemics, floods, fires, earthquakes, wars, or government action), such Party shall be excused from performance for so long as such causes prevent or delay performance despite due diligence.

14. General Provisions

Communication:

MKC TECH LLC reserves the right to contact you regarding feedback, service, support, and product-related issues via email, phone, or website notices.

Privacy Policy:

We have implemented reasonable security practices as per I.T. Act, 2000. Please refer to our Privacy Policy for more information on how we handle your personal data.

Non-Poaching:

Both parties agree that during this Agreement and for 36 months thereafter, they shall not solicit or offer employment to the other's officers, employees, or contractors without prior written consent.

15. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

Last updated: January 2026