TERMS AND CONDITIONS – “KYND Start report”
- Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings;
|“Content”||means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, a KYND Start Report.|
|“Licence”||means the licence granted by Us to a User pursuant to sub-clause 3.1|
|“Person”||means an individual, a corporate body or any other entity, or a Government Body;|
|“Subject”||means an organisation, which may be the User, which is being analysed in the KYND Start report;|
|“User Content”||means the domain names, email addresses and other information related to a Subject which have been included within the KYND Start Report;|
|“User”||means a Person which has purchased and is receiving the KYND Start Report;|
|“We/Us/Our”||means KYND Ltd, a private limited company registered in England under company number 10943213) whose registered office is at 30 City Road, London EC1Y 2AB, and which has developed, licenses and operates the KYND Start Report and other KYND services.|
|“You/Your”||means the User who has paid for and is receiving the KYND Start report.|
2. Access to the KYND Start Report
2.1 Access to the KYND Start Report requires (a) Your prior payment of the specified purchase price, (b) the User providing to Us the User’s own name, organisation and email address; and (c) the organisation name, domain name and industry sector of the Subject.
2.2 We will provide the User with access to the KYND Start Report via a URL where a PDF version of the KYND Start Report is hosted.
3. Our Intellectual Property Rights and Licence
3. 1 We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable, non sub-licencable licence, to access and use the KYND Start Report for business purposes only, subject to these Terms and Conditions.
3.2 Subject to the terms of Clause 2, Users retain the ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such Content).
3.3 All other Content and all Intellectual Property rights in and associated with the KYND Start Report or other KYND applications and services (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed to Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
3.4 By accepting these Terms and Conditions, you agree;
3.4.1 not to allow or facilitate any use of the KYND Start Report that would constitute a breach of these Terms and Conditions; and
3.4.2 not to embed or otherwise distribute all or any part of the KYND Start Report on any website or other service.
4. Links to Other Content
We may provide links to other content such as websites, web apps and downloadable apps. Unless expressly stated, this content is not under Our control. We neither assume or accept responsibility or liability for such third party content. The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.
5. User Content
5. 1 You agree that you will be solely responsible for any and all User or Subject Content that is used to generate the KYND Start Report. Specifically, you agree, represent and warrant that you are authorised to agree to and accept these terms and conditions, have the right to provide to Us the User and Subject Content and the right to use all materials of which it is comprised, that it will not contravene any aspect of Our Acceptable Usage Policy, and that it may lawfully be used by KYND for the purposes of creating and making available the KYND Start Report..
5.2 You (or your licensors, if appropriate) retain ownership of the User Content and all intellectual property rights subsisting therein. By providing User Content to Us, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content solely for and limited to the purposes of operating the KYND service and creating and making available to You the KYND Start Report. If you wish to remove User Content, you may do so by sending to us an email requesting such removal which We will do within no later than 7 days of receipt. Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 10.2. You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
5.3 We may reject, reclassify, or remove any User or Subject Content provided to Us for the purpose of creating the KYND Start Report where that User or Subject Content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User or Subject Content in question should not be used or be removed as a result.
6. Acceptable Usage Policy
6. 1 You may only use the KYND Start Report in a manner that is lawful and that complies with the provisions of this Clause 6. Specifically:
6.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
6.1.2 You must not use the KYND Start Report in any way, or for any purpose, that is unlawful or fraudulent;
6.1.3 You must not use the KYND Start Report to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
6.1.4 You must not use the KYND Start Report in any way, or for any purpose, that is intended to harm any person or persons in any way.
6.1.5 You may share the KYND Start Report relating to the Subject (if different to the User) with that Subject but with no other Person other than those so authorised within the User’s own organisation, and may not sell it or any part of it to any Person.
6.2 We reserve the right to suspend or terminate all or any or the rights granted to you by these terms and conditions if you materially breach the provisions of this Clause 6 or any of the other provisions of these terms and conditions. Specifically, We may take one or more of the following actions:
6.2.1 Issue you with a written warning;
6.2.2 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
6.2.3 Take further legal action against you as appropriate;
6.2.4 Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
6.2.5 Any other actions which We deem reasonably appropriate (and lawful).
We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.
7. Our Liability
7.1 We accept no liability for any foreseeable loss in contract, tort (including negligence), or breach of statutory duty, or otherwise arising out of or in connection with the use (or inability to use) by you or the Subject of the KYND Start Report, any information produced by or resulting from use of the KYND Start Report, or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in or resulting from your use of the KYND Start Report.
7.2 To the fullest extent permissible by law, we accept no loss or damage that is not foreseeable.
7.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the KYND Start Report or any Content (including User Content) included in the KYND Start Report or that may result from your use of the KYND Start Report.
7.4 We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
7.5 We exercise all reasonable skill and care to ensure that the KYND Start Report is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the KYND Start Report or any other website or service that We may provide a link to.
7.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the KYND Start Report resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
7.7 Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
8. Viruses, Malware and Security
8.1 We exercise all reasonable skill and care to ensure that the KYND Start Report is secure and free from viruses and other malware. We do not, however, guarantee that the KYND Start Report is secure or free from viruses or other malware and accept no liability in respect of the same.
8.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
8.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the KYND Start Report.
8.4 You must not attempt to gain unauthorised access to any part of the server on which the KYND Start Report is stored.
9. Privacy and Cookies
10. Data Protection
10.1 All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with the provisions of the General Data Protection Regulations and your rights and Our obligations under those Regulations.
10.2 We may use your personal information to:
10.2.1 Reply to any communications that you send to Us;
10.2.2 Send you important notices, and comply with Our obligations to you in accordance with theses terms and conditions;
10.2.3 Operate the KYND Start Report service and create and give you access to the KYND Start Report and the Content;
10.2.4 Otherwise use such information in accordance with Our Privacy and Cookies Policy.
10.3 We will not pass your personal information on to any third parties without first obtaining your express permission to do so.
11. Communications from Us
11.1 We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, alerts and warnings, service changes and changes to these Terms and Conditions.
12. Other Important Terms
12.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
12.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
12.3 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
12.4 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
13. Changes to these Terms and Conditions
We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first access to and use of a KYND Start Report after the changes have been implemented and notified to you by email.
14. Contacting Us
To contact us, please email us at firstname.lastname@example.org or by using any of the methods provided on our contact page at https://www.kynd.io/contact/.
15. Law and Jurisdiction
15.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
15.2 Any disputes concerning these Terms and Conditions, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.