Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the www.kintail.io website (the “Website”) and the Kintail mobile applications, platform, portals and Services (collectively, the “Services”). You agree that by visiting the Services or by registering or using the Services, you are entering a legally binding agreement with Kintail, Inc., located at located at 880 Monon Green Blvd, Carmel, IN 40032 (“Kintail”) based on the Terms and the Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”). Your access to and use of the Services are conditioned on your acceptance of and compliance with the Agreement. By accessing or using the Services you agree to be bound by the Agreement.

Kintail as a platform provider

Kintail provides a platform that allows its Customers to process information from various sources and present data analytics for its Authorized Users. You are responsible for managing any data and content that you upload, transmit, post or otherwise make available for the Services. Kintail will not be liable for any damages or losses that occur as a result of your use of the Services, including without limitation, your intentional or unintentional disclosure of any confidential, trade secret, private or otherwise privileged information to other users of the Services. Any third-party to whom you provide or otherwise make available information via the Services, will be permitted to use the information to the same extent as if you provided the information directly to that third party. Before uploading any information to the Services, please familiarize yourself with your account settings to understand which users may view your information. You expressly agree not to name Kintail as a party in any dispute you have with any third-party related to information, data or content you have stored on or that has otherwise been transmitted via the Services.

Basic terms

You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Kintail and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are using the Services on behalf of a business or organization, you are expressly representing that you have the full right and authority to use the Services and to take any actions on or related to the Services. If you are under 18 years of age you may not use or access the Services for any reason. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Kintail may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Kintail granting you access to and use of the Services, you agree that Kintail, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.

Privacy

Any information that you provide to Kintail is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Kintail. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Kintail account, which you may not be able to opt-out from receiving.

If you send or authorize Kintail to send an invitation to a third-party to join the Services, you are expressly representing that the third-party has requested to join the Services and communication extending the invitation was sent in accordance with applicable law.

Passwords

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Kintail account. Kintail cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Every user of the Services is required to have their own access account—account sharing is strictly prohibited. You are expressly prohibited from allowing any third-party access to the Services via your account.

You may not use as a username the name of another person or entity or a name or trademark that is subject to any rights of another person without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Content on the services

Please be aware that Kintail does not verify the accuracy any information available on the Services. Any use or reliance on any information you obtained through the Services is at your own risk. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Kintail be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You retain all ownership rights in the Content you upload to the Services (“User Content”). By uploading User Content to the Services, you grant Kintail a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content solely as reasonably required to satisfy your direct requests and to provide you with full functionality and access to the Services.
By uploading User Content to the Services, you represent and warrant that (i) you own and control all of the rights to the User Content or you otherwise have all necessary rights to upload such Content to the Services; (ii) the Content is accurate and not misleading or harmful in any manner; and (iii) the Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, or regulation.

Kintail rights

All right, title, and interest in and to the Services and any content available on the Services are and will remain the exclusive property of Kintail and its licensors. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Kintail reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Kintail, or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Restrictions on use of the services

We reserve the right at all times (but will not have an obligation) to suspend and or terminate Users or reclaim usernames without liability to you.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Kintail’s computer systems, or the technical delivery systems of Kintail providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Kintail (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Kintail (NOTE: scraping the Services without the prior consent of Kintail is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.

Ending these terms

The Terms will continue to apply until terminated by either you or Kintail as follows.

You may end your legal agreement with Kintail at least ninety (90) days prior to the expiration of the then-current term for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at billing@kintail.io. Please note that deactivating your account may not relieve you of any payment obligations you have pursuant to a subscription or other agreement with Kintail.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination.

Nothing in this section shall affect Kintail’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.

Disclaimers, limitations of liability, and indemnity

Please read this section carefully since it limits the liability of Kintail and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Kintail Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available “AS-IS”
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE KINTAIL ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Kintail Entities make no warranty and disclaim all responsibility and liability for: (i) any actions any Kintail user; (ii) any injury, harm, property damage, illness or other loss that occurs as a result of uploading, transmitting or otherwise displaying any information or User Content on the Services; (iii) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any information on the Services; (iv) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (v) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (vi) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vii) any advice or information you receive through the Services; and (iix) any injuries or harm you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from the Kintail Entities or through the Services, will create any warranty not expressly made herein.

B. Links
The Services may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by the Kintail Entities of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.

C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KINTAIL ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE KINTAIL ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID KINTAIL, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE KINTAIL ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

D. Indemnification
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Kintail Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with the Terms; (2) your interactions with any other Kintail User; (3) your User Content and any injury, harm damage or loss that falls to you or a third-party related to your User Content or any information you upload or transmit through the Services; (4) any claim that an invitation sent to a third-party by you or by Kintail at your request is spam, unsolicited commercial email or otherwise violates applicable law; and (4) any activity in which you engage on or through the Services.

General terms

A. Waiver and Severability
The failure of Kintail to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the state of Delaware without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Hamilton County, Indiana, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You agree that you may only bring claims against Kintail related to your use of the Services on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

C. Entire Agreement
These Terms and our Privacy Policy are the entire and exclusive agreement between Kintail and you regarding the Services (excluding any service for which you have a separate agreement with Kintail that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Kintail and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be at www.kintail.io/termsofservice. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 8 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please contact us.

Effective: January 1, 2022.
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