terms of service
Terms of Service
User Terms of Service
The https://app.kiesetechnologies.com and https://www.kiesetechnologies.com websites, and any other website on which these Terms of Service appear (the “Websites”), and any software, mobile applications, products, devices or other services offered by Kiese from time to time and other services offered through third parties integrating Kiese functionality (collectively, “Services”), are made available by Kiese Technologies, Inc. (“Kiese”). You may access and utilize the Websites and Services only under the following terms and conditions (“Terms of Service”).
To the extent that your use of the Services is governed by a Master Services Agreement, the Master Services Agreement shall control in the event of conflict with these terms.
Website Limited License
As a user of the Websites and Services you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Websites and Services in accordance with these Terms of Service. Kiese may terminate this license at any time for any reason. To the extent use of the Websites and Services requires login information, the foregoing does not automatically grant you a right of access and you must obtain login information as required by the Websites and Services.
Limitations On and Scope of Use
Any unauthorized use of the Websites and Services is prohibited. You may not use the Websites and/or Services to:
- Copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Websites or the Services.
- Manually extract, decompile, reverse engineer, disassemble or create derivative works from the Websites or the Services.
- Determine the site architecture or extract data or information about usage, individual identities of other users of the Websites or the Services via use of any network monitoring or discovery software or otherwise.
- Monitor, copy, scan, review, index, mirror, ping or validate the Websites or the Services via robot, spider, other automatic software or device, process, approach or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation or verification are prohibited).
- Transmit any computer virus, worm, defect, trojan horse, or any other item of a destructive nature, or to upload any virus or malicious code.
- Transmit any false, misleading, fraudulent or illegal communications, information or data.
- Phish, spoof, commit illegal or fraudulent activity, or violate laws in your jurisdiction.
- Access unauthorized information.
- Solicit information from minors or harm or threaten to harm minors.
- Attack, threaten violence, stalk, harass, incite, harm, or intimidate any other user, person or organization, or engage in any other threatening behavior.
- Transmit or post any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, fraudulent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, contests, pyramid schemes, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not.
- Export or re-export this Website or any portion thereof in violation of the export control laws and regulations of the United States of America.
Intellectual Property Rights
Except as expressly provided in these Terms of Service, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Websites and Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Kiese, the Kiese logo, and all other Kiese trademarks, service marks, product names, and trade names of Kiese appearing on or in conjunction with the Websites and Services are owned by Kiese. Kiese does not grant you the right to use or display any trademark, service mark, product name, trade name or logo appearing on the Websites or the Services without Kiese’s prior written consent.
Linking to the Websites and Services
You may provide links to the Websites and Services, provided (i) you do not remove or obscure, by framing or otherwise, any portion of the web pages, the Terms of Service, or any notices on the Websites and Services and (ii) you discontinue providing links to the Websites and Services if requested by Kiese.
Kiese will manage your data through its platform. Your data is owned by your company, and Kiese will not distribute or sell your information this data without prior consent and approval by you. In the event that you choose to terminate your contract, Kiese will extract your data and provide it to you through an CSV file.
Copyright Notices & Complaints
It is Kiese’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). For more information about Kiese’s DMCA procedures, please see our Copyright Policy. Your acceptance of these Terms and Conditions is also your consent to the copyright practices described in our Copyright Policy. Kiese may terminate any user’s access to the Websites or Services if Kiese determines that user is a “repeat infringer.”
Relationship of Kiese and You
You are an independent third party to the Websites and Services, and nothing in this Agreement will create or represent that there is any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between you and Kiese.
You shall not distribute on or through the Websites or Services any postings or presentations of data containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization.
Certain sections of the Websites or Services may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Kiese of any changes to that information. You understand that by registering with the Websites or Services, you may receive regular updates regarding new or existing Kiese applications. You may request to unsubscribe by following the directions in such updates and Kiese will permanently remove you from Kiese’s registered list of subscribers.
Postings in Interactive Areas
If you participate in interactive areas on the Websites or Services, you shall not post, publish, upload or distribute any postings which are unlawful or abusive in any way. Kiese may delete your postings at any time for any reason without notification of or permission from you, however, Kiese has no obligation to monitor or screen postings and is not responsible for the content in such postings or any content linked to or from such postings. But Kiese does reserve the right, in its sole discretion, to monitor interactive areas, screen postings, edit postings, cause postings not to be posted, published, uploaded or distributed, and remove postings, at any time and for any or no reason without notification of or permission from you.
No Expectation of Privacy
KIESE MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED TO OR FROM THIS WEBSITE. You acknowledge that any content you post on publicly accessible portions of the Websites or Services is a public and not private communication. Others may read and view your communications without your knowledge. Kiese does not control or endorse the content, messages or information posted by other third-party users on the Websites or Services. Kiese will not be liable for the privacy of any of your or any other third-party postings to the Websites or Services and specifically disclaims any liability resulting from such postings and communications, including any objectionable content.
Errors and Corrections
Kiese does not represent or warrant that the Websites or Services will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Kiese does not warrant or represent that postings or information available on or through the Websites or Services will be correct, accurate, timely, or otherwise reliable. Kiese may make improvements and/or changes to its features or functionality at any time.
Third-Party Content and Links
THE WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. KIESE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KIESE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITES OR SERVICES INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD-PARTY COMMUNICATIONS, (C) ANY THIRD-PARTY PLATFORMS, WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITES OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE OR SERVICES, (E) YOUR USE OF THE WEBSITE OR SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE OR SERVICES. LIMITATION OF LIABILITY KIESE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. KIESE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, THE INTERACTIVE AREAS, OR ANY THIRD-PARTY COMMUNICATIONS.
LIMITATION OF LIABILITY
KIESE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. KIESE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, THE INTERACTIVE AREAS, OR ANY THIRD-PARTY COMMUNICATIONS.
You agree to indemnify, defend and hold Kiese, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you or arising from or related to any postings submitted by you.
These Terms of Service are to be governed by and construed in accordance with the internal laws of the State of California, without regard for principles of conflicts of laws. Any action, claim, dispute or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the state and federal courts sitting in Santa Barbara County, California.
Severability of Provisions
Modifications to Terms of Service
In appropriate circumstances, Kiese will disable and/or terminate the accounts of users who are repeat infringers.