Terms of service
THESE TERMS OF SERVICE (“TERMS”) CONSTITUTE A CONTRACT BETWEEN YOU AND KONNEKTIX AND GOVERN YOUR USE OF OUR SERVICE.
Acceptance of Terms
Konnektix SARL (“Konnektix”, “We”, "Us" or ”Our”) registered in Switzerland under company number CH-550.1.083.891-0 provides its Service to You through its domain located at clouddatagenius.com (the “Site”) and relative subdomains, subject to these Terms of Service ("Terms").
By accepting these Terms, or by accessing or using the Service or Site, You represent and acknowledge that You have read, understood, and agree to be bound by these Terms, and that the information You provide in registering to the Service is accurate, complete, and is Yours or within Your right to use. If You are entering into these Terms on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its affiliates to these Terms, in which case the Terms “You,” “Your” or related capitalized Terms herein shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Service or Site.
You acknowledge that these Terms constitute a contract between You and Konnektix, even though it is electronic and is not physically signed by You and Konnektix, and that these Terms govern Your use of the Service and supersede any other agreements between You and Konnektix.
These Terms supersede prior versions of these Terms, or any other discussions, agreements or understandings by or among the parties.
Revisions of Terms
Konnektix reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is Your responsibility to check these Terms periodically for changes. Your continued use of the Site and Service following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these Terms, Konnektix grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and Service.
Revisions of Service
Konnektix reserves the right, at its sole discretion, to change, modify, add or discontinue any aspect, service or feature of the Service or Site at any time, including, but not limited to, content, availability, and equipment needed for access or use.
Relationship of the parties
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
Subject to the terms and conditions of these Terms, You agree to access and use the Service only for Your internal business purposes as contemplated by these Terms.
Subject only to Your limited right to access and use the Service as expressly granted to You here, all rights, title and interest in and to the Service and its components, including all related intellectual property rights, will remain with and belong exclusively to Konnektix and its third-party vendors.
You agree not to (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms; (ii) use the Service to process data on behalf of any third party, (iii) modify, adapt or hack the Service to falsely imply any sponsorship or association with Konnektix, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; (iv) use the Service in any unlawful manner, including but not limited to violation of any persons privacy rights, infringing any person’s intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law, (v) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (vi) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service; (vii) use the Service to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; or (viii) try to use, or use the Service in violation of these Terms.
You are responsible for all information, data, text, messages or other materials that You post or is otherwise transmitted via the Service. You are responsible for maintaining the confidentiality of Your login and account, and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person, and that You will not share a single login among multiple people. You may create separate logins for as many people as wish.
Konnektix’s failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of these Terms.
Description of Service
The "Service" consists in (i) the on-demand data management system and tools, including all infrastructure, software, data, text, images, sounds, videos, and other content made available through the Site, (ii) the support provided in relation to the Service. Any new features added to or augmenting the Service are also subject to these Terms.
Billing, Subscription Modifications and Payments
All charges associated with Your access to and use of the Service (“Subscription Charges”) with a monthly Subscription Term are due in full at the end of the bill period, which goes from the first to the last day of the month, and will be prorated when You have purchased, modified or terminated Your Subscription during the bill period. Subscription Charges with a yearly Subscription Term are due in full upon commencement of Your Subscription Term.
You hereby authorize Konnektix to bill Your credit card or other payment instrument on a periodic basis in accordance with the terms of the Service Plan for all periodic Subscription Charges applicable to Your Subscription until Your Subscription to the Services terminates, and You further agree to pay any Subscription Charges so incurred. Konnektix uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain or use Your billing information except to process Your credit card information for Konnektix.
If You fail to pay Your Subscription Charges or other charges indicated on any Order Form within five (5) business days of Our notice to You that payment is due or delinquent, or if You do not update payment information upon Our request, in addition to Our other remedies, We may suspend or terminate access to and use of Your Account.
If You choose to upgrade Your Service Plan or increase the number of Agents authorized to access and use the Service during Your Subscription Term (a “Subscription Upgrade”), any incremental Subscription Charges associated with such Subscription Upgrade will be prorated over the remaining period of Your then current Subscription Term. In any future Subscription Term, Your Subscription Charges will reflect any such Subscription Upgrades.
No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You choose to downgrade Your Service Plan. Downgrading Your Service Plan may cause loss of content, features, or capacity of the Service as available to You under Your Account, and Konnektix does not accept any liability for such loss.
Unless otherwise stated, Our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes, except those assessable against Konnektix measured by its net income. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.
Account and Subscription Termination
The Account owner (as defined in the sign-up procedure) may elect to terminate Your Account and Subscription to the Service as of the end of Your then current Subscription Term by clicking on the corresponding link from the Account page. There are no other means of terminating Your account. An email request to terminate your account is not considered termination.
Unless Your Account and Subscription to the Service is so terminated, Your Subscription to the Service (including any and all Deployed Associated Services) will renew for a Subscription Term equivalent in length to the then expiring Subscription Term.
The Subscription Charges applicable to Your Subscription to the Service for any such subsequent Subscription Term shall be Our Subscription Charges for the Service Plan to which You have subscribed, as applicable, as of the time such subsequent Subscription Term commences.
No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your Account and Subscription to the Service prior to the end of Your then effective Subscription Term.
If You terminate Your Account and Subscription to the Service prior to the end of Your then effective Subscription Term or We effect such termination or cancellation pursuant to these Terms, in addition to other amounts You may owe Konnektix, You must pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term.
After the effective date of termination You will lose access to all of Your content including Your data and files, and We will delete all such content in the normal course of operation. This content cannot be recovered once Your Account is terminated.
Data and information privacy and Security
Third party services
The Service may contain links to, or otherwise may allow You to connect to and use certain third party products, services or software under separate terms and conditions (collectively, “Other Services”) in conjunction with Our Service. If You decide to access and use such Other Services, be advised that Your use is governed solely by the terms and conditions of such Other Services, and We do not endorse, are not responsible for, and make no representations as to such Other Services, their content or the manner in which they handle Your data. Konnektix is not liable for any damage or loss caused or alleged to be caused by or in connection with Your access or use of any such Other Services, or Your reliance on the privacy practices or other policies of such Other Services.
Feedback and Provided information
Any information you provide at this Site or Service shall be deemed to be non-confidential. Konnektix shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You.
Ownership rights and Copyright
The entire contents (including all elements contained in them) of the Site and Service are protected by copyright (all rights reserved).
The rights granted to You to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith. All ownership rights remain with Konnektix or third parties as the case may be. Any reproduction (full or partial), transmission (electronically or by other means), linking, alteration or use of the Site or Service for a public or commercial purpose is not permitted without the prior written consent of Konnektix.
Disclaimers and Indemnification
KONNEKTIX DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT AND SERVICE ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. KONNEKTIX CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE OR SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. KONNEKTIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KONNEKTIX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM KONNEKTIX OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY KONNEKTIX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KONNEKTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; (v) OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE.
YOU AGREE TO INDEMNIFY AND HOLD KONNEKTIX, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS IN INTEREST, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES, HARMLESS FROM ANY DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS' FEES) MADE AGAINST KONNEKTIX BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF SITE OR SERVICE.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOUR SOLE REMEDY AGAINST KONNEKTIX FOR DISSATISFACTION WITH THE SITE OR SERVICE OR ANY CONTENT IS TO STOP USING THE SITE OR SERVICE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Applicable law and Place of jurisdiction
Access to and use of the Our Service or Site, as well as this important legal information is subject to Swiss law. The place of jurisdiction is Fribourg.
If You have questions, please contact us by email at email@example.com, or at:
1680 Romont FR