EZYINSIGHTS TERMS OF SERVICE
Welcome to Ezyinsights! We are an online subscription service that provides our customers with access to the Ezyinsights content discovery tool.
Please note that Your accessing our service constitutes your understanding and acceptance of all the terms and conditions herein.
- Free Trial: Your Ezyinsights access may start with a free limited time trial (“Trial”) as agreed between your company and an authorized Kampiki representative. The Trial duration lasts as agreed upon with the Kampiki representative and is intended to allow new potential customers to try the service. Following the end of your Trial you must subscribe to the service in order to continue your access to Ezyinsights.
- Subscription Fee and Payment method: the subscription fee (“Fee”) to access Ezyinsights is specified in the ESA. Payment shall be made by you (or your company) upon receipt of invoice within the time limit specified in the ESA and/or invoice. In the event that you have any specific questions about your payment status, please contact a service representative by sending an email to either your known representative or to ([email protected]). You shall be responsible for paying all Fees as specified in ESA. Your customer invoice details are specified in the ESA.
- Cancellation: All Fees are non-cancellable and non-refundable unless otherwise as provided for herein.
- Taxes: You (or your company) shall be responsible for any applicable sales or use taxes or any value added or similar taxes payable with respect to Fees.
- Late Payment Interest: Failure by customer to pay any amounts in full invoiced for an Ezyinsights subscription pursuant to the ESA or additional training as requested in writing to under this Agreement shall make the customer liable to pay late payment interest at the rate of five percent [5%] per month on the remaining amount due, or at the highest amount permitted by applicable law, such interest to accrue on a daily basis until the delinquent amount has been paid in full.
- Subscription Fee and Fee Increases: Your initial subscription fee is specified in the ESA and your service category requirement as specified in the Ezyinsights pricing table (“Ezyinsights Pricing Table”) attached thereto. In the event that your usage expands to another category specified in the Ezyinsights Pricing Table you agree that your subscription fee shall correspondingly be increased and subsequently reflected in all further invoices sent to you. Please be aware that Kampiki reserves the right to increase it’s subscription fee rates from time to time; You will be subject to such increased subscription fees following the expiration of your current subscription fee term. For any questions please contact your Kampiki account representative as specified in the ESA or [email protected]
- Term: The Customer is obligated to pay for Service for the minimum length of time (“Minimum Service Duration”) and additionally shall continue to have access to Service as specified in your ESA. After the ending date contained in the ESA your subscription shall terminate unless otherwise agreed to in the ESA.
- Ezyinsights Service
- The Ezyinsights Service and any content discovered through the service are for your use only. During your valid Ezyinsights subscription we shall grant you a limited, non-exclusive, non-transferable, license to access the Ezyinsights service only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. This means that you acknowledge and agree that copyright, patent, trade secret and all other intellectual property rights of whatever nature related to Service including without limitation any software, trade names and Service documentation are and shall remain the property of Kampiki, and nothing in this Agreement should be construed as transferring any aspects of such rights to Customer or any third party. To dispel doubt, no grant of software right is given.
- Ezyinsights is an online streaming discovery tool for published digital content; Kampiki does not have or claim to have any ownership, title, interest or other rights for any content you discover while using the Ezyinsights service. USING THE EZYINSIGHTS SERVICE DOES NOT GIVE YOU OWNERSHIP OF ANY INTELLECTUAL PROPERTY RIGHTS TO THE CONTENT YOU ACCESS. You are solely responsible for securing any and all necessary rights from the content owner in the event that you publish or share any of the content you discover. You additionally agree not to use the Ezyinsights service in a way that violates any laws, infringes on anyone’s rights or interferes with the service.
- POLICY STATEMENT: THE EZYINSIGHTS ONLY TRACKS PUBLISHED CONTENT AS DETERMINED BY THE EZYINSIGHTS SEARCH CRITERIA AND DOES NOT MAKE ANY STATEMENT TOWARDS SUCH CONTENT; ANY CONTENT DISCOVERED THROUGH EZYINSIGHTS IS DETERMINED BY ITS ONLINE PUBLICATION DISCOVERED THROUGH FILTERS CHOSEN BY YOU; SUCH CONTENT IS CREATED BY THIRD PARTIES AND DOES NOT UNDER ANY CIRCUMSTANCES REFLECT KAMPIKI’S OPINIONS.
- Because Ezyinsights may be upgraded from time to time to make our service better, we reserve right to modify the Ezyinsights service and sites including without limitation functionality and display. For example we may add or remove functionality or features, and we may suspend or stop a particular feature altogether if we determine that it is in the best interest of our customers’ use of the service. Notwithstanding the foregoing, Ezyinsights shall maintain its material functionality pursuant to its product description.
- Please ensure you have a sufficient internet connection and speed in order to effectively use all features of the Service.
- Please be aware that the Service uses various third party software that may install cookies on your computer in order to enhance your usage of the Service.
- Passwords and Service Access
- We consider your personal information to be confidential and will treat it as such. Please be aware that we do not control the information in your account between your company and its team account user information which is visible to your account administrator and its account users.
- Kampiki does not engage in data mining of your personal information although we reserve the right to utilize any data towards improving the Ezyinsights service.
- Communication: You give us your consent that we may communicate with you electronically via email or via our in-tool chat system. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us either on the ESA (or from your user account login information made to access the service).
- Warranties and Disclaimers:
- We provide the Ezyinsights service using a level of care and we will do our best to make sure you enjoy using our service and we warrant that the service will be accessible to customers with a valid subscription. Notwithstanding the foregoing, neither Kampiki nor its agents or employees make any specific promises about Ezyinsights. For example, we don’t make any commitments about any increase or decrease in traffic you may or may not experience on your sites as a result of using the Ezyinsights service to discover content that may or may not be interesting to your site(s) users. We provide the Ezyinsights service on an “as is” basis.
- KAMPIKI DOES NOT GUARANTEE THAT THE SERVICE WILL BE PERFORMED ERROR-FREE OR UNINTERUPTED OR THAT KAMPIKI WILL CORRECT ALL SERVICES ERRORS. CUSTOMER ACKNOWLEDGES THAT ANY SERVICE INTERUPTIONS OUT OF ITS CONTROL INCLUDING WITHOUT LIMITATION NETWORK ERROR FAULT OR DOWNTIME ARE NOT ITS RESPONSIBILITY AND SHALL NOT BE CONSTRUED TO CONSTITUTE A BREACH OF SERVICE OR THE ESA BETWEEN YOU AND US.
- FOR ANY BREACH OF THE ABOVE WARRANTIES, KAMPIKI WILL REMIT A SERVICES FEE CREDIT TO CUSTOMER CALCULATED AT TEN PERCENT (10%) OF NET MONTHLY FEES FOR THE SERVICES FOR THE MONTH IN WHICH THE BREACH OCCURRED. THE CREDIT WILL BE PROVIDED ONLY TOWARDS ANY OUTSTANDING BALANCE FOR SERVICES OWNED TO KAMPIKI AND THE REMITTANCE OF SUCH CREDIT WILL REPRESENT CUSTOMER’S EXCLUSIVE REMEDY, AND KAMPIKI’S SOLE LIABILITY, FOR ALL BREACHES OF ANY WARRANTY SPECIFIED IN THIS AGREEMENT.
- TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. KAMPIKI DOES NOT WARRANT THAT SERVICE WILL MEET CUSTOMER’S REQUIREMENTS.
- Indemnification: Kampiki hereby indemnifies Customer against any claim that the Service, furnished and used within the scope of this Agreement, infringes any registered patent, provided that: (1) Kampiki is given prompt notice of the claim; (2) Kampiki is given immediate and complete control over the defense and/or settlement of the claim, and Customer fully cooperates with Kampiki in such defense and/or settlement; (3) Customer does not prejudice in any manner Kampiki’s conduct of such claim; and (4) the alleged infringement is not based upon the use of the Service in a manner prohibited under this Agreement, in a manner for which the Service was not designed, or in a manner not in accordance with the Specifications.
- Injunction: If a final injunction is obtained against the use of any part of the Service by reason of infringement of registered patent, Kampiki will, at its option and expense, either (1) procure for Customer the right to continue to use Service; (2) modify Service so that it becomes non-infringing; or (3) terminate this Agreement and refund any Fees paid but not used on a pro rata basis.
- Limitation of liability: EXCEPT WHERE PROHIBITED, KAMPIKI SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE EZYINSIGHTS SERVICE AND ITS SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, OR COMPUTER FAILURE REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. BOTH PARTIES UNDERSTAND AND AGREE THAT THE REMEDIES AND LIMITATIONS HEREIN ALLOCATE THE RISKS OF PRODUCT AND SERVICE NONCONFORMITY BETWEEN THE PARTIES AS AUTHORIZED BY APPLICABLE LAWS. THE FEES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES SET FORTH HEREIN OR IN ANY AGREEMENT BETWEEN YOU AND US.
- Force majeure: Neither Party shall be under any liability for any loss or for any failure to perform any obligation hereunder due to causes beyond its control including without limitation industrial disputes of whatever nature, power loss, telecommunications failure, acts of God, or any other cause beyond its reasonable control
- Infringement: Customer hereby indemnifies Kampiki against any claim for (1) alleged infringement of any registered patent, arising out of the use of Service by Customer in any manner prohibited by this Agreement and (2) any claim related to or arising out of a financial transaction brought by any third party based on the use of the Service.
- Waiver: Failure by either Party to exercise any right or remedy herein does not signify acceptance of the event giving rise to such right or remedy.
- Solicitation: Customer shall not solicit the employment of nor employ any Kampiki personnel for a period of one (1) year from the termination of such individual’s employment at Kampiki or from the termination of the customer’s subscription to the service, whichever date is later.
- In the event that you have any claim or dispute you agree to first contact Kampiki; thereafter we shall attempt to resolve the dispute or claim within a reasonable time period as may be provided for herein