Website Terms & Conditions
Last updated: 21 May, 2018
These terms & conditions set out the terms between you the user and us the website owner. If you use of this website and any service contained within, you are agreeing to accept and be bound by these terms & conditions. Please do not use this website if you do not accept any part of these terms and conditions.
The term Kinesis CI or “us” or “we” refers to the owner of the website whose registered office is 77 High Street, Littlehampton, BN17 5AG, United Kingdom. Our company registration number is 10911924. The term “you” refers to the user or viewer of our website.
2. Customer Information
2.1. Our website is only intended for use by adults.
2.2. We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
4. Use of our website
4.1. You can access the content, information and services contained within our website for personal use only.
4.2. You may download and cache (using your browser) individual pages from our website, however you may not modify individual pages or substantial parts of our website.
4.3. Our website design, layout, content or text cannot be copied, edited or otherwise manipulated or be placed within the frame-set of another site.
4.4. Our website is only intended for use by adults.
5.1. This website and all of its content, including but not limited to logos, graphics, icons, layout is our copyright.
5.2. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than with our express prior written permission.
6. Limitations and Exclusions of Liability
6.1. The website kinesis-ci.com is provided on an ‘as is’ basis. The information contained in this website is for general information purposes only. We endeavour to keep the information up to date and correct, however we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance on such information is therefore s trictly at your own risk.
6.2. Nothing on this website constitutes, or is meant to constitute, advice of any kind.
6.3. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits, anticipated savings, contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data arising out of, or in connection with, the use of this website.
6.4. Through this website you are able to link to other websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
6.5. Every effort is made to keep the website up and running, however we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues.
By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.
We reserve the right to alter these terms and conditions at any time, without prior notice. Such altered terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.
The foregoing paragraphs, sub-paragraphs and clauses of these terms and conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be deemed invalid it shall not affect the remaining parts of the agreement.
11. Entire Terms and Conditions
These terms and conditions set out the entire agreement and understanding between you and us.
12. The Consumer Rights Act 2015
These Terms and Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms and Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.
13. Your Statutory Rights
Where acting as a consumer your statutory rights are unaffected.
This agreement shall be governed by and construed in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
Last updated: 21 April, 2018
This policy may change from time to time and any changes to the statement will be communicated to you by way of an e-mail or a notice on our website.
The term “Site” refers to the https//kinesis-ci.com website.
The term Kinesis CI or “us” or “we” refers to the owner of the website whose registered office is 77 High Street, Littlehampton, BN17 5AG, United Kingdom. Our company is registered by the Companies House England and Wales with registration number 10911924. The term “you” refers to the user or viewer of our website.
The term “Software” or “Kinesis CI Software” refers to Kinesis CI’s Business Intelligence Testing software product.
We are committed to protecting our customer privacy and takes its responsibility regarding the security of customer information very seriously. We will be clear and transparent about the information we are collecting and what we will do with that information.
This Policy sets out the following:
- What personal data we collect and process about you in connection with your relationship with us as a customer or potential customer;
- Where we obtain the data from;
- What we do with that data;
- How we store the data;
- Who we transfer/disclose that data to;
- How we deal with your data protection rights;
- And how we comply with the data protection rules.
All personal data is collected and processed in accordance with UK and EU data protection laws.
2. Data Controller
We are the data controller responsible for your personal data.
3. What Data we Collect
We only hold the data necessary to offer services provided by us.
We may collect the following information:
- Information you give us “Submitted Information”: This is information you give us about you by filling in forms in our Kinesis CI Software and/or the Site, or by corresponding with us (for example, by e-mail). It includes information you provide when you download and register to use the Software, participate in discussion boards or other social media functions on the Site, and when you report a problem with the Software or the Site or any other service we provide. If you contact us, we will keep a record of that correspondence. The information you give us may include your name, e-mail address, phone number, company name, job title.
- Preferences, interests and questions regarding our products and services.
- Information we collect about you and your device. Each time you visit our Site we will automatically collect the following information: technical information, including your, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.
- Information about your visit, including the full uniform resource locators (URL), page response times, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, device information.
- When you generate or renew a license related to our Software, we will collect technical information, including the MAC address of the Device, operating system, time and date when the license was generated.
- Other information relevant to customer offers.
4. What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We send you communications about the services you have asked for and any changes to such services. These communications are not made for marketing purposes and cannot be opted-out of.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. All subscription emails sent by us contain clear information on how to unsubscribe from our email service.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email or phone.
We will only process your personal data where we have a legal basis to do so. The legal basis will depend on the reasons we have collected and need to use your personal data for.
In most cases we will need to process your personal data so we can enter into a contract to provide Kinesis CI Software and related services.
5. Data Security
We follow strict security procedures in the storage and disclosure of your personal data, and to protect it against accidental loss, destruction or damage.
6. Data Storage
For administrative reasons data may be passed to and stored securely with third party service providers located outside the EEA (European Economic Area).
7. Controlling your Personal Information
- Government authorities, law enforcement bodies, regulators for compliance with legal requirements;
- Trusted service providers we are using to run our business such as cloud service and e-mail marketing service providers assisting our marketing team with running customer surveys and providing targeted marketing campaigns;
- Legal and other professional advisers, law courts and law enforcement bodies in all countries we operate in, in order to enforce our legal rights in relation to our contract with you;
In accordance with the Privacy and Electronic Communications (EC Directive) Regulations 2003, we never send bulk unsolicited emails, (popularly known as Spam) to email addresses.
9. Email Content
All emails sent by us will be clearly marked as originating from us. All such emails will also include instructions on how unsubscribe from our email service and any future emails.
Our website uses ‘cookies’ to track use of our website. Please see our Cookies Policy.
11. Your Data Protection Rights
Under certain circumstances, by law you have the right to:
- Request information about whether we hold personal information about you, and, if so, what that information is and why we are holding/using it.
- Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
- Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Object to automated decision-making including profiling, that is not to be subject of any automated decision-making by us using your personal information or profiling of you.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request transfer of your personal information in an electronic and structured form to you or to another party (commonly known as a right to “data portability”). This enables you to take your data from us in an electronically useable format and to be able to transfer your data to another party in an electronically useable format.
- Withdraw consent.In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so by law.
If you want to exercise any of these rights, then please send an e-mail to [email protected], or contact our DPO by post at our registered office.
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
12. Contact Us
End User License Agreement (“Agreement”)
PLEASE READ THE BELOW TERMS OF THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. ALL INTELLECTUAL PROPERTY RIGHTS SUBSISTING IN THE SOFTWARE, INCLUDING DOCUMENTATION ARE OWNED BY US. THE SOFTWARE CAN ONLY BE DOWNLOADED UNDER THE CONDITION THAT YOU ACCEPT ALL TERMS CONTAINED IN THIS LICENCE AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT DOWNLOAD THE SOFTWARE. BY DOWNLOADING AND USING THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY YOU AND LEGALLY BINDING BETWEEN YOU AND KINESIS CI LTD. IF YOU WISH TO USE THE SOFTWARE AS AN EMPLOYEE, CONTRACTOR, OR AGENT OF A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN YOU MUST BE AUTHORIZED TO SIGN FOR AND BIND THE ENTITY IN ORDER TO ACCEPT THE TERMS OF THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO DO SO.
You acknowledge and agree that Kinesis CI may modify the terms and conditions of this Agreement at any time in accordance with Clause 18 below.
1.1 “The Software” or “Software” means the software program and related documentation covered by this Agreement.
1.2 “We”, “us” and “our” means Kinesis CI Ltd.
1.3 “You” means the individual or entity seeking to use the Software (the licensee).
1.4 “Third Party Code”means software components which are licensed from third parties, including components subject to the terms and conditions of “open source” software licenses (“Open Source Software”). To the extent required by the license that accompanies the Open Source Software, the terms of such license will apply in lieu of the terms of this Agreement with respect to such Open Source Software, including, without limitation, any provisions governing access to source code, modification or reverse engineering.
1.5 “Effective Date” means the date of you first ordering the Software via the Order Form or the initial Delivery date of the Software, whichever is earlier.
1.6 “Authorised User” means those individuals for whom the applicable license fees have been paid and are authorised by you to install and/or use the Software.
1.7 “Contractor” means third parties who perform services related to this Agreement for you.
1.8 “Affiliate” means each legal entity that is directly or indirectly controlled by you on or after the Effective Date and for as long as such entity remains directly or indirectly controlled by you.
1.9 “Documentation” means the applicable documentation of the technical specifications and any product help provided by us, published on our website or other any other domain and updated from time to time.
1.10 “Order Form” means any ordering documents, online registration, order descriptions or order confirmations referencing this Agreement.
2. SOFTWARE PLANS
We make available the Software through evaluation version (“Evaluation Version”) and paid plans (“Paid Plan”). Current plans are described at Kinesis CI’s website and your specific plan will be identified in the Order Form presented when you order or pay for the Software. Your permitted scope of use, such as features available, and the number of Authorised Users as well as Support and Maintenance, depends on your selected plan and will be specified on the applicable Order Form.
3.1 This Licence Agreement contains the terms on which we permit you to use the Software.
3.2 You only have the right to use the Software if the Software has been licensed to you by us or by our authorised distributor or if you have received a valid assignment from someone else (a “Former Owner”).
3.3 If you do not have a right to use the Software as set out above, you must not use it, or attempt to assign or grant any licence to anyone else. If you attempt to do so, you will be breaking the law and you may be subject to criminal proceedings.
3.4 If you received the Software from a Former Owner, you cannot obtain any greater rights to use the Software than they themselves had. If you fail to obtain the rights you expected, your remedy will be to issue proceedings against the Former Owner. For example, if the Former Owner did not hold a valid licence you will obtain no rights to use the Software from him or her.
3.5 If you downloaded the Software from our website and ordered a trial license (“Trial License”) to the Evaluation Version (“Evaluation Version”) of the Software, you may install and use one copy of the Evaluation Version Software solely for the purpose of evaluating the Software to determine whether to purchase a non-Evaluation Version copy of the Software. You may not use
the Evaluation Version for any other purposes, including but not limited to competitive analysis, commercial, professional, or for-profit purposes. You may only use the Evaluation Version for thirty (30) days from the date you activate and/or register the Trial License. Unless you pay the applicable license fee for the Software, the Evaluation Version may become inoperable and, in any event, your right to use the Evaluation Version Software automatically expires at the end of the Evaluation Period. Notwithstanding any other provision of this Agreement, the Evaluation Version Software is provided “as is” without warranty or support of any kind, express or implied.
4. GRANT OF LICENSE
4.1 If you have a valid right to use the Software as set out above, you may use the Software providing the use falls within the permitted use set out below and for no other purpose. Your licence, for which you have been issued a Licence File by us or an authorised distributor is limited, non-transferable and non-exclusive and does not permit you to sub-license.
4.2 The Software may be used in accordance with the Documentation, the number of Authorised Users, on the platforms and configurations or any other restrictions mutually agreed upon by you and us. You may allow your Contractors and Affiliates to use the Software in accordance with this Agreement, provided you shall remain liable for all acts and omissions of your Affiliates and Contractors as if their acts or omissions were your own.
4.3 Licenses are granted on an Authorized User basis and may be reassigned between uniquely identified individuals over time, but may not be reassigned so frequently as to enable the sharing of a single license between multiple users. The total number of Authorised Users who can use the Software must not exceed the number of licenses purchased.
5. ELECTRONIC DELIVERY
All Software shall be delivered by electronic means. Software shall be deemed delivered when it is made available for you to download (Delivery).
6. PERMITTED USE
6.1 This Licence Agreement authorises you to load the Software into and use it on a single computer which is under your control. If you wish to transfer the Software from one computer to another, you must erase the Software from the first hard drive before you install it onto a second hard drive.
6.2 You may copy the Software for backup, archival and other security purposes provided that you keep the original and each copy in your possession, that your installation and use of the Software falls within the permitted use set out in this Licence Agreement and that all copyright notices and any other proprietary notices found on the original are reproduced on any such copies or partial copies.
6.3 This Licence Agreement allows you to transfer the Software to another person, on a permanent basis only, provided that all copies of the Software are transferred to that person and/or copies not transferred are destroyed and that the other person agrees to the terms of this Licence Agreement. In this event the licence of the Software to you will automatically terminate.
7. RESTRICTIONS OF USE
You may not, nor permit others to:
7.1 rent, lease, sub-license, assign, transfer or distribute the licence or the Software except as permitted by this Licence Agreement;
7.2 create derivative works based upon the Software or any part of it or remove, obscure or vary any proprietary notices on or in the Software;
7.3 disassemble, decompile, reverse engineer, modify or otherwise tamper with the Software; or attempt to reconstruct any source code, underlying ideas, algorithms, file formats or programming interfaces of the Software or Third Party Code by any means whatsoever, except to the extent expressly permitted by applicable law (and then only upon advance notice to us)
7.4 publicly disseminate performance information or analysis relating to the Software;
7.5 circumvent or remove any form of Licence File or copy protection used by us in connection with the Software by any means, or use the Software together with a Licence File or other copy protection not supplied by us
7.6 use the Software to develop a product which is competitive with any of our products
7.7 remove any product identification, proprietary, copyright trademark, service mark, or other notices contained in the Software
7.8 enable access to the Software for a greater number of Authorised Users than the total quantity of licenses purchased or reassign license rights between Authorised Users so frequently as to enable a single license to be shared between multiple users
8.1 You undertake to ensure that any third party is made aware of the terms of this Licence Agreement before using the Software.
8.2 You undertake to hold all data (including object and source codes), specifications and all other information relating to the Software, confidential and not disclose it, during the term of this Licence Agreement or after its expiry directly or indirectly, to any third party without our written consent.
We have and will retain all rights, title and interest (including, without limitation all copyright, trademark and other intellectual property rights) to the Software and all copies, modifications and derivative works thereof. For the avoidance of doubt this shall include any changes which incorporate any of your ideas, feedback or suggestions. You acknowledge that you are obtaining only a limited license right to the Software and that irrespective of any use of the words “purchase”, “sale” or similar terms hereunder no ownership rights are being conveyed to you under this Agreement or otherwise.
You shall pay all fees associated with the Software licensed and any services purchased. All payments shall be made in the currency noted on the applicable electronic invoice issued by us to you within thirty (30) days of the invoice date. Except as expressly set forth herein, all fees are non-refundable once paid.
11. INTELLECTUAL PROPERTY
We own the copyright, trademark and other intellectual property rights in connection with the Software, including all documentation and all copies which you are authorised to make by this Licence Agreement.
12.1 We warrant that for a period of fourteen (14) days the copy of the Software in this package will materially conform to the documentation that accompanies it. The above warranty shall not apply: (i) if the Software is used with hardware or software not authorized in the Documentation; (ii) if any modifications are made to the Software by you or any third party; (iii) to defects in the Software due to accident, abuse or improper use by you; (iv) to any Software provided on a no charge basis
12.2 The Software, including without limitation the Third Party Code and any services are provided “as is”
12.3 We do not warrant that this Software will meet your requirements or that its operation will be uninterrupted or error free
This Licence Agreement does not affect your statutory rights.
13.1 Our entire liability to you in respect of any claim whatsoever or breach of this Licence Agreement, whether or not arising out of negligence, shall be limited to the amount you paid for the Software.
13.2 In no event shall we be liable to you for any damages, including loss of business, loss of opportunity, loss of data, loss of profits or for any other indirect or consequential loss or damage whatsoever arising out of the use of or inability to use the Software, even if we have been made aware of the possibility of such damages. In particular, we accept no liability for any programs or data made or stored with the Software nor for the costs of recovering or replacing such programs or data.
14. TERM AND TERMINATION
14.1 This Agreement commences on the Effective Date and expires at such time as all License Terms and service subscriptions hereunder have expired in accordance with their own terms (the “Term”).
14.2 Unless sooner terminated as provided herein, your license to Software expires at the end of the applicable License Term. License Terms may be renewed if mutually agreed by the parties.
14.3 This Agreement will terminate automatically if you breach of any of its terms or if you destroy the Software and any copies or return the Software to us or your supplier voluntarily.
14.4 Upon termination all rights you have to use and assign the Software will cease and you must destroy or delete all copies of the Software from all storage media in your control.
Subject to the terms and conditions of this Agreement, during the License Term, you may purchase support and maintenance services for the Software as set forth our then-current Support and Maintenance Policies (“Support and Maintenance Services”) and as specified in your Order Form and the scope of the Paid Plans. All Support and Maintenance Services renewals will be subject to the terms and conditions of this Agreement including the then-current Support and Maintenance Policies. An up-to-date copy of the Support and Maintenance Policy is available on our website.
16. CONFIDENTIAL INFORMATION
16.1 Parties agree that all any information, including but not limited to any kind of business, financial, commercial or technical information, know-how and data which has been or will be disclosed by the disclosing party (“Disclosing Party”) to the receiving party (“Receiving Party”) in connection with the Software, constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that at the time of disclosure the information has been identified as confidential by the Disclosing Party, or due to the nature of the information or the circumstances surrounding the disclosure, should be known as be confidential by the Receiving Party, acting reasonably. For the avoidance of doubt Confidential Information includes pricing, documentation or technical or performance information disclosed by us, relating to the Software, and the terms of this Licence Agreement.
16.2 Confidential Information may not be distributed, disclosed, or disseminated in any way or form by you to anyone.
16.3 The nondisclosure obligation shall not apply to information that is (a) at the time of disclosure already in the public domain or becomes available to the public through no breach of any duty to confidentiality, (b) is received by you from a third party free to lawfully disclose such information to the recipient; (c) was in your lawful possession prior to receipt from us as evidenced by written documentation; (d) is independently developed by you without the benefit of any of the Confidential Information as evidenced by written documentation or (e) is required to be disclosed by law, regulation or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to us). You acknowledge that disclosure of Confidential Information would cause substantial harm and we may seek damages.
You agree to participate in reasonable marketing activities that promote the benefits of the Software to other potential customers and to use of your name and logo on our website and in promotional materials. You agree that Kinesis CI may disclose you as a customer of Kinesis CI.
18. MODIFICATIONS TO THIS AGREEMENT
18.1 We may modify the terms and conditions of this Agreement (including pricing and plans) from time to time, with notice given to you by email or through the Software. If you have an Evaluation Version, then any modifications will become effective immediately, and if you disagree with the modifications, your exclusive remedy is to terminate this Agreement and cease using the Software.
18.2 If you have a Paid Plan, you must notify us within thirty (30) days of notice of the modifications in writing that you do not agree to such changes, and we (at our choice and as your exclusive remedy) may either: (a) permit you to continue under the prior version of this Agreement until expiration of the then-current License Term (after which time the modified Agreement will apply) or (b) allow you to terminate this Agreement and receive a pro-rated refund of any fees you have pre-paid for use of the Software for the terminated portion of the applicable License Term. Upon any changes to this Agreement, your continued use of the Service after the modifications take effect constitutes your acceptance of the modifications.
If any provision of this Licence Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Licence Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
20. ENTIRE AGREEMENT
This Licence Agreement contains the entire Agreement between us relating to the subject matter and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to the subject matter.
If you assign this licence you are advised to give the licence certificate to the assignee and to give them evidence that you are a valid assignor. Once you have assigned this licence, you no longer have a right to use the Software and you should destroy any copies you have of the Software (or give them to the assignee) as you will be in breach of copyright by using them.
22. AUDIT RIGHTS
Upon our written request, you shall certify in writing that your use of the Software is in full compliance with the terms of this Agreement and provide a current list of Authorized Users. With reasonable prior notice, we may audit your use of the Software, software monitoring system and records, provided such audit is during regular business hours. If such inspections or audits disclose that you have installed, accessed or permitted access to the Software in a manner that is not permitted under this Agreement, then we may terminate this Agreement pursuant to Clause 14 and you are liable for the reasonable costs of the audit in addition to any other fees, damages and penalties we may be entitled to under this Agreement and applicable law.
Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to unforeseen events that occur after the signing of this Agreement and that are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
Provisions regarding warranties, limitations of liability, governing law, confidentiality and severability will survive the expiration or termination of this Agreement.
25. GOVERNING LAW AND JURISDICTION
This agreement shall be governed by and construed in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
Technical Support Policy (“Support Policy”)
This Technical Support Policy (“Support Policy”) describes the policies and procedures under which Kinesis CI Ltd. provides technical support (“Support and Maintenance Services”) for its product(s). Support and Maintenance Services are provided for the Software pursuant to the separate license agreement under which Customer has ordered Support and Maintenance Services and are subject to the terms and conditions of the End User Licence Agreement and the terms of this Support Policy. Support and Maintenance Services are provided under the terms specified below and for the period specified in the License Agreement.
Reference is made to Kinesis CI End User License Agreement (“License Agreement”) available from our website
1.1 “The Software” or “Software” means the software program and related documentation covered by this Agreement.
1.2 “We”, “us” and “our” means Kinesis CI Ltd.
1.3 “You” means the individual or entity seeking to use the Software (the licensee).
1.4 “Contact Person” means qualified individuals knowledgeable in the internal build systems, tools, policies, and practices in use by the Customer, and proficient users of the Software. Customers are expected to make every effort to ensure that the individuals that are designated as authorised contacts are qualified to support the Customer teams internally
1.5 “Evaluation Version” means any Software provided on a no charge or evaluation basis.
1.6 “Incident” means each individual issue with the Software reported to Kinesis CI.
1.7 “Maintenance Release” means commercially released code corrections, patches, and updates of the Software as designated by a change in the number to the right of the second decimal in the version number, i.e. Kinesis CI 1.6.1 is a maintenance release of Kinesis CI 1.6.
1.8 “Major Release” means commercially released major new releases, modifications or enhancements to the Software as designated by a change in the number to the left of decimal or to the right of the first decimal in the version number. i.e Kinesis CI 1.6 or Kinesis CI 2.0.
1.9 “Previous Version” Upon a commercially available release of the Software (“New Version”), any previously released version(s) of the Software shall be deemed a Previous Version. Customer may replace the Previous Version (including all installed copies) with the New Version at any time New Version is made available on our website.
1.10 “Effective Date” means the date of you first ordering the Software via the Order Form or the initial Delivery date of the Software, whichever is earlier.
1.11 “Authorised User” means those individuals for whom the applicable license fees have been paid and are authorised by you to install and/or use the Software.
1.12 “Documentation” means the applicable documentation of the technical specifications and any product help provided by us, published on our website or other any other domain and updated from time to time.
1.13 “Order Form” means any ordering documents, online registration, order descriptions or order confirmations referencing this Agreement.
1.14 “Supported Platform” means Windows, MacOs and Linux operating systems.
1.15 “Tableau” means the products of Tableau Software Inc., limited to Tableau Desktop, Tableau Server and Tableau Online, as being compatible with the Software.
1.16 “Supported versions of Tableau” mean Tableau Server, Tableau Online and Tableau Desktop 10.0 or higher up to the latest version of Tableau commercially released.
2. PROVISION OF SUPPORT
2.2 This Support Policy sets forth expectations for Support between the Customer and Kinesis CI, including: who is authorised to submit issues, how to submit issues, what types of issues are supported and how and when issues should be resolved and closed
3. SCOPE OF SUPPORT AND MAINTEANANCE
Support and Maintenance Includes:
If Customer is current on its payments, we shall provide Support and Maintenance Services consisting of the following:
(a) e-mail or web based submissions of Incidents submitted by designated Contacts, unless agreed otherwise by the parties in writing
(b) Major Releases and Maintenance Releases of the Software
(c) access to the online Documentation on our website
(d) access to an online secure site that contains license keys and latest product downloads
(e) the provision of guidance and troubleshooting to Customer in connection with questions and issues arising from the following activities with respect to the Software:
1. Installation and Downloads: Support for installation includes providing guidance and troubleshooting in connection with Customer’s downloading and installing of the Software.
2. Basic Configuration Issues: Support for configuration includes troubleshooting Customer’s configuration settings on Supported Platforms and Supported versions of Tableau to ensure proper operation and connectivity.
3. Usage Issues: make an effort to answer Customer’s “how to” questions related to standard and intended Software usage.
4. New Version Issue: Support for issues regarding replacing a Previous Version with a New Version of the Software.
5. Efforts to Correct the Software: we shall make commercially reasonable efforts to correct bugs or other errors in the Software. Customer acknowledges that Kinesis CI is not required to correct every bug, error, or problem with the Software that it reports to Kinesis CI or Kinesis CI is otherwise made aware.
Support and Maintenance Excludes:
The following are excluded from Kinesis CI Support and Maintenance Services obligations:
(a) Software that is used on or in conjunction with hardware or software other than as specified in the applicable Documentation or otherwise not supported
(b) Using the Software with not Supported versions of Tableau or Tableau installed not in accordance of the Minimum Hardware Requirements for Tableau
(c) Using the Software with any custom implementation of Tableau specific to the Customer, including but not limited to Single Single-on Systems, custom login, user restrictions, restricted Tableau credentials or any other restrictions that do not conform with standard Tableau implementation
(d) altered or modified Software, unless altered or modified by us
(e) defects in the Software due to accident, hardware malfunction, abuse or improper use
(f) any version of the Software for which Support and Maintenance Services have been discontinued
(g) Evaluation Versions of the Software or other Software provided at no charge
(h) customisation, integration and any issues arising from non-standard usage of the Software or Tableau
(g) any on-site services or remote access services (unless we request remote access to assist us in understanding an issue).
Customer explicitly agrees and acknowledges that in order to use the full functionalities of the Software, Authorised Users shall have a valid and functioning Tableau Server or Tableau Online edition with an appropriate license and a Tableau Site or Tableau Server Administrator account, which was created on Tableau Server in accordance with Tableau Documentation, so that the full functionalities of Tableau and all its APIs, including, but not limited to the REST API, JS API and Document API are available. Kinesis CI is not responsible for Tableau installations and any technical issues arising from using Tableau in conjunction with additional software or plug-ins that are not part of Tableau’s official software.
4. SOFTWARE VERSIONS COVERED
4.1 Supported Versions: we will provide Support and Maintenance Services only for the Software products specified in this Support Policy or as specified at the time of purchase. Support and Maintenance Services obligations do not cover hardware, operating systems, networks, or third-party software, including Tableau
4.2 Customer understands that we may need additional information as to its use of the Software in order to provide Support and Maintenance Services, and to enhance the Software.
4.3 End of Life: we will provide Support and Maintenance Services of a Major or Minor release for twenty-four (24) months after the product release, subject to a New Version being available
4.4 Platforms Supported: Kinesis CI supports use of the Software only on the platforms specified in the Documentation and requests Customer to adhere to any Pre-Requirements specified in the Documentation
5. INCIDENT SUBMISSION AND RESOLUTION
5.1 Who can Submit Incidents: Support and Maintenance Services are intended to provide assistance to Contacts for issues and questions beyond what is covered in Documentation. Customer shall be entitled to designate Contacts, who will be authorised to submit Incidents. Customer may designate at least one authorised Contact at time of purchase. Unless otherwise specified, this will be the person registering the license. That individual may submit change requests to the list of authorized support Contacts in writing.
5.2. How to Submit Incidents: Unless otherwise specified in a supplemental support plan purchased by Customer, Incidents are to be submitted to Kinesis by a Contact as specified in the “Provision of Support” section above.
5.3. How to Report an Incident: In order to expedite the resolution of Incidents, Kinesis CI expects that Customer will make every attempt possible to:
(a) Verify that the Incident is reproducible on the Supported Platforms for the Software
(b) Provide information necessary to help track, prioritise, reproduce, or investigate the Incident, such as: Customer name and organization.
(c) Provide a full description of the issue and expected results.
(d) Categorise issues (general question, defect, enhancement request, etc.).
(e) List steps to reproduce the issue and relevant data.
(f) Provide any applicable log files or console output (removing sensitive data if appropriate).
(g) Provide exact wording of all issue-related error messages.
(h) Describe any special circumstances surrounding the discovery of the issue, e.g., first occurrence or occurrence after a specific event, business impact of problem, and suggested priority for resolution.
(i) Identify Incident in any ongoing communications on an existing Incident.
SUPPORT RESPONSE AND INCIDENT RESOLUTION
5.4. Incident Response. For each Incident reported by Customer in accordance with these procedures, Kinesis CI shall:
(a) Confirm receipt of the reported Incident within the acknowledgement time expected as per Section 6 of this Support Policy
(b) Set a Priority Level for the Incident in accordance with the terms below.
(c) Use commercially reasonable efforts to respond to the Incident within the time specified in Section 6 of this Support Policy.
(d) Analyse the Incident and, as applicable, verify the existence of the problem(s) resulting in the Incident, which may include requesting that Customer provide additional information, logs, and re-execution of commands to help identify the root cause and dependencies of the reported issue
(e) Give Customer direction and assistance in resolving the Incident.
(f) Keep a record of ongoing communications with Customer.
(g) Use commercially reasonable efforts to resolve the Incident in accordance with the target response times set forth in Section 6 of this Support Policy.
(h) Upon request of Customer, discuss Priority Level and ongoing communication time frame.
5.5 Priority Levels
Kinesis CI will prioritize Incidents according to the following criteria:
Priority 1 Cases (“P1”) are the highest priority. P1 Cases indicate a reported Incident where the Software is either completely inoperable or inaccessible to all of Customer’s users.
Priority 2 Cases (“P2”) indicate a reported Incident where the issue has severely impacted the performance of the Software’s intended use and is causing a material and adverse impact to the majority of Customer’s users; or the Software is materially not operating within the documented functionality and it is impacting the majority of the Customer’s users.
Priority 3 Cases (“P3”) indicates a reported Incident requesting assistance and may include questions of how to use the Software.
Priority 4 Cases (“P4”) indicates a reported Incident where the Software is operating within the documented functionality and the Customer would like to record an idea for inclusion in future releases. Kinesis CI will not provide feedback on such enhancement requests, P4 cases are closed once the information has been recorded.
5.6 Resolution and Closure of Incidents
Incidents shall be closed in the following manner:
(a) For solvable issues, depending on the nature of the issue, the resolution may take the form of an explanation, recommendation, usage instructions, workaround instructions, or advising Customer of an available software fix.
(b) In the event that not supported versions of Tableau, any custom implementation of Tableau are used, or Authorised user do not have the required Tableau credentials, Kinesis CI may ask, in the course of attempting to resolve the issue, to remove any unsupported plug-ins, additional software, customised Tableau installation or modules or upgrade Authorised Users to Tableau Site or Server administrators. If the problem disappears upon removal of additional software, customised installation or modules or upgrade of Tableau credentials, then we may consider the issue to be resolved. For issues outside of scope of Support and Maintenance Services, we may also close issues by identifying the Incident as outside the scope of the Support and Maintenance Services or arising from a version, platform, or usage case which is excluded from this Support Policy.
(c) Dropped Issues: Kinesis CI may close a case if the Contact has not responded to two (2) attempts or more made by us to collect additional information required to solve the case. Customer may request Incidents be re-opened. Incidents at sole discretion, Incidents will be re-opened for further investigation if the Incident is deemed to be solvable.
1. Supported Software: Kinesis CI 1.0 and above
2. Effective Coverage Hours: Full work week, Monday to Friday, excluding Bank Holidays in England, from 9 am until 7 pm GMT time zone
4. Target response times (all within Effective Coverage Hours):
a. Acknowledgement time: 5 working hours for P1 and P2 issues, 15 working hours for P3 issues
b. Response time: P1: 10 working hours, P2: 48 working hours, P3 72 working hours
5. Term: Support and Maintenance Services will commence on the date of electronic delivery of the Software and will continue for the initial term stated on the invoice and agreed to between the parties. Thereafter, upon renewal and receipt of applicable payment from Customer, Support and Maintenance Services shall be renewed for the renewal period specified on an applicable invoice. All terms and conditions hereof shall remain in effect during the initial term. Any renewal support term shall be subject to the terms and conditions of the Technical Support Policy in effect at the time of the renewal.
KINESIS CI CONTACT INFORMATION
Kinesis CI Ltd.
77 High Street