PLEASE READ THE FOLLOWING TERMS OF SERVICE (the “TERMS”) CAREFULLY BEFORE USING ANY KIMETRICA SERVICE. THE USE OF ANY KIMETRICA SERVICES WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE KIMETRICA SERVICES.
These Terms of Service form part of an agreement (this/the "Agreement") between Kimetrica LLC, a Delaware Limited Liability company doing business under the name Kimetrica, ("Kimetrica") and Customer. This Agreement governs provision of Kimetrica's services and is effective as of the moment Customer indicates agreement at the Kimetrica website, as of the moment the two parties sign a paper version, or as of the moment Customer uses any Kimetrica website or element of the Service (whichever comes first).
We provide an array of services for online management, decision making, and collaboration including data capture, word processing, budget tools, logframe and M&E managers, chat client, survey and database creator, client relations management, supply chain tools, human resource management, financial management, and disaster management tools (“Service” and “Services”) You may connect to the Services using any Internet browser. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your Kimetrica Account and if you choose to do so, you can publish and share such content.
Kimetrica may modify the Terms upon notice to you at any time. These modifications may include, without limitation, payment for the Services. You will be provided notice of any such modification by electronic mail or by publishing the changes on the website Kimetrica™ - Terms of Service. You will be provided the option to terminate your use of the Services if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
In consideration of your use of the Services, you agree to: a) provide true, accurate, current and complete information about yourself and or your organization as prompted by the Registration Process (“Registration Data”); and b) maintain and promptly update your Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Kimetrica has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Kimetrica may terminate your account and refuse current or future use of any or all of the Services.
The Service may include certain communications from Kimetrica, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Payment for Services are available on yearly subscription plans. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. The subscription fee will be charged to the Credit Card last used by you. If you would like the payment for the renewal to be made through a different Credit Card or Alternative Payment process or if you do not wish to renew the subscription, you agree to inform us at least seven days prior to the renewal date. In the event of termination of the subscription, you will be refunded the subscription fee for the unused portion of the subscription period. Kimetrica reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge. You will not be charged for using any Service unless you have opted for a paid subscription plan. Information on the subscription options and charges for all paid Services is available on our Pricing Page.
Customer will notify Kimetrica of any billing dispute, providing details regarding the nature of the dispute and the amount, within 15 days of the date on the invoice in question, or waive such dispute. Any payment not received when due will, at Kimetrica's option, bear interest at a rate of 1.5% per month from the date due until paid, to compensate Kimetrica for the time-value of the unpaid fees. In addition, Kimetrica may charge a late fee of $20.00 per week, as liquidated damages, starting on the first day after any payment is due. Such liquidated damages compensate Kimetrica for administrative expenses related to unpaid fees.
Customer will maintain a valid credit card on file at all times. Kimetrica may charge such card for Service fees or other fees on the first business day prior to any payment due-date. Customer will update credit card information as necessary in the Customer Portal. If any charge attempt is denied, Kimetrica may interrupt Service without advanced notice but will make reasonable efforts to provide such notice.
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (iv) use the Services for spamming and other illegal purposes.
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
We reserve the right to terminate unpaid accounts that are inactive for a continuous period of 30 days. In the event of such termination, all data associated with such account will be deleted. We will provide you prior notice of such termination and backup of your data by email. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Kimetrica the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your Account for Kimetrica’s commercial, marketing or any similar purpose. But you grant Kimetrica permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your account solely as required for the purpose of providing the Services to you.
Kimetrica will not be liable for Service interruptions or any other Service failures. In the event of hardware failure: (i) Kimetrica will make reasonable efforts to recover lost data, upon Customer's request, but data-recovery is not guaranteed; and (ii) Kimetrica will provide such credits as are required by the SLA (if any). In the event that Customer is dissatisfied with the Service, Customer's sole remedy is termination of this Agreement.
Kimetrica may interrupt Service to perform maintenance on Kimetrica’s equipment or to address and/or mitigate the effects of security breaches, virus attacks, denial of service attacks, and other intentional interferences by third parties. Kimetrica will exercise reasonable efforts to inform Customer before interrupting Service and to repair the Service promptly.
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public by posting on ki-nexus or third party websites will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Kimetrica will have the right to block access to or remove such content made available by you, if Kimetrica receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Kimetrica for this purpose.
For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services, visit our IPR Complaints Procedure page.
If you wish to protest any blocking or removal of content by Kimetrica, you may do so in the manner provided on our IPR Counter Notice Procedure page.
Kimetrica allows you to access and view a variety of content (including, for example, map and population data) provided by Third Parties. Map data and population data, geocoding and related third party content are provided for display and planning purposes only. Map data may contain information which is outdated, incorrect or otherwise not accurate and therefore you should exercise extreme caution when using this data. Certain Third Party Content is provided under license from third parties including, but not limited to Oakridge National Laboratories, Google, and Microsoft and is subject to copyright and other intellectual property rights owned by or licensed to Oakridge National Laboratories, Google, Microsoft, and/or such third parties. Your use of the Third Party Content is subject to Oakridge National Laboratories, Google, and Microsoft Terms of Service found on their websites.
Kimetrica may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Kimetrica makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Kimetrica’s services and software are protected by our copyrights, trade secret rights and other intellectual property laws. We own all such intellectual property (IP) (except certain in-licensed code), which you agree not to use without our consent, except solely in conjunction with your authorized uses of the Service as permitted by these Terms. If you create derivative works of our product, despite the prohibition on doing so, you agree that we will own the intellectual property in those works and hereby assign all such IP rights to us.
Kimetrica, Kimetrica logo, the names of individual Kimetrica Services and their logos are trademarks of Kimetrica LLC. You agree not to display or use, in any manner, the Kimetrica trademarks, without Kimetrica’s prior permission.
Kimetrica's policy is to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the Content or materials appearing on this Site contain infringements, please send a notice to us at the address below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. KIMETRICA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KIMETRICA MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM KIMETRICA, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU AGREE THAT KIMETRICA SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF KIMETRICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KIMETRICA RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL KIMETRICA’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless Kimetrica, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services.
These terms and associated licenses are governed by the internal laws of the United States, which shall have jurisdiction over any disputes. You may not assign or sublicense this agreement and the associated Software and Services without our express written permission; but you recognize our absolute right to assign this agreement to a third party. No agency, partnership or joint venture is created by this Agreement.
You agree to comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using the Services. Without limiting the foregoing, (i) each party represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports, and (ii) You shall not permit Users to access or use Services in violation of any U.S. export embargo, prohibition or restriction.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Washington, D.C. and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Kimetrica may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
We may suspend your Kimetrica Account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of Kimetrica Accounts should be made to firstname.lastname@example.org within thirty days of being notified about the suspension. We may terminate a suspended or disabled Kimetrica Account after thirty days. We will also terminate your Kimetrica Account on your request. In addition, we reserve the right to terminate your Kimetrica Account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Service in case of unexpected technical issues or discontinuation of the Service. Termination of Kimetrica Account will include denial of access to all Services, deletion of your Account information such as your e-mail ID and Password and deletion of all data in your Kimetrica Account.