Terms of Use - Kimanso

This page (together with the documents referred to on it) (“Terms of Use”) tells you the terms of use on which you may make use of websites, mobile applications, and any other digital portal that is operated and provided by Kimanso or its group companies (collectively, the “Site”), whether in your capacity as a visitor, registered user, customer, business partner, or employee.

All of the services available on or through the Site or otherwise offered, maintained, and/or provided by us are referred to in this document as our “Services.”

Please read these Terms of Use carefully before you start to use the Services. By visiting the Site or using our Services, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Services.

Specific terms available on the Site that reference these Terms of Use set out at Annex A (the “Additional Terms”) may apply to specific websites, mobile applications, and other digital portals. Where applicable, the Additional Terms shall form part of these Terms of Use.

1. Information about us

The Services and the Site are operated and provided by Kimanso (“Kimanso,” “We,” or “Us”) on behalf of itself and its group companies. We are registered in Singapore under company number 202115457K and have our registered office at 7 Straits View, Marina One East Tower #20-01, Singapore 018936, which is also our main trading address.

2. Accessing our Services

We reserve the right to withdraw access to or amend any Services that we may provide without notice (see below). We will not be liable if for any reason our Services are unavailable at any time or for any period. From time to time, we may limit or restrict access to some parts of our Services, or our entire Services, to users who have registered with us.

You must be at least 18 years old or have reached the age of majority in the jurisdiction in which you live or reside to use the Services or the Site. If you are under 18 years old or have not reached the age of majority, you must stop using/accessing this Site and using the Services immediately.

You agree to comply with any and all the guidelines, notices, operating rules, and policies (if you are an Employee, this includes the Kimanso Information Security Policy and instructions pertaining to the use of the Services and/or access to the Site, as well as any amendments to the aforementioned, issued by us, from time to time.

We reserve the right to revise these Terms of Use and guidelines, notices, operating rules, and policies, and instructions at any time, and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site.

All material, data, information, text, content, graphics, images (still and moving), videos, sounds, and other content (“Content”) contained on the Site or delivered through the Services are protected by intellectual property rights, including trademarks, copyright, and database rights, which are owned by or have been licensed to us. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit, or create derivative works of any Content, or post any Content on any other website or in a networked computer environment for any purpose, save as permitted under these Terms of Use.

You may choose or we may invite you to submit comments or ideas about improvements to the Service or the Site (“Commentary”). If you submit any Commentary to us, we will presume that your submission was voluntary and delivered to us without any restrictions on our use of the Commentary. You also agree that Kimanso has no fiduciary or any other obligation to you in connection with any Commentary you submit to us, and that we are free to use your Commentary or the ideas reflected in the Commentary without any attribution or compensation to you.

3. Restrictions of use

In using the Site and/or Services or any Content, you shall not, and you shall not permit anyone else to, directly or indirectly:

Except as expressly permitted by law or as authorized under these Terms of Use, rent, lease, sub-license, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble, make error corrections or create derivative works based on the whole or any part of the Site or Services.
Remove Kimanso’s or any other user’s trademark, copyright notice, or any other proprietary notice.
Except as authorized in the proper performance of your duties (if you are an Employee), rent, lease, distribute, resell, or use the Services for other commercial purposes.
Except as authorized in the proper performance of your duties (if you are an Employee), engage in any activity that interferes with or disrupts the Services or the Site.
Upload any comments or ideas that violate or infringe another party’s right of publicity, privacy, copyright, trademark, or other intellectual property right.
Violate any applicable laws, rules, regulations, standards, and licensing requirements, in connection with your use of any Content as permitted by these Terms of Use, or access of the Services (“Applicable Law”).
Use the Services or any Content in violation of or to circumvent any sanctions or embargo.
Use the Services or any Content for any purpose for which it is not designed or intended.
Except as authorized in the proper performance of your duties (if you are an Employee), use the Services or any Content to create or promote a product, service, or software that is directly or indirectly competitive with or in any way a substitute for the Services.
Use the Services to send, post, or otherwise communicate any content that is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, or is racially, ethically, or otherwise objectionable.
Use any scraper, robot, bot, spider, crawler, or any other automated device or means to access, acquire, copy, or monitor any portion of the Services, or any data or content found or accessed through the Services.
Collect any information in respect of other end users without their consent.
Obtain or attempt to obtain unauthorized access to such parts of the Site and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.

4. User accounts

Certain Services that may be made available on the Site may require creation of an account with us or for you to provide personal data. If you request to create an account with us, a username and password shall be provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Site. You are solely responsible for any activity on your account, and we are not liable for any acts or omissions by you in connection with your account. We may at any time in our sole and absolute discretion, request that you update your personal data or forthwith invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation.

You hereby agree to change your password from time to time and to keep the username and password confidential and shall be solely responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the username and/or password has been compromised or if there has been any unauthorized use of the username and/or password or if your personal data requires updating.

You agree and acknowledge that you shall be responsible for all persons who use the Services and/or access the Site through your account. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses attributable to any use of any Services and/ or access to the Site through your account, except where such use or access has been authorized in the proper performance of your duties (if you are an Employee).

5. Intellectual property rights

All intellectual property rights in our Site and Services, and in the Content, are owned, licensed to, or controlled by us, our licensors, or our service providers. Those works are protected by copyright laws and treaties around the world, and we reserve the right to enforce its intellectual property to the fullest extent of the law. All such rights are reserved.

Own Use Licence

We grant you a personal, non-exclusive, non-transferable, revocable, limited right (without the right to sub-license) to access and use the Site solely for the purposes of receiving the Services or for internal business purposes.

Subject to section 20 and Annex A of these Terms of Use, and except as otherwise authorized in the proper performance of your duties (if you are an Employee), you may print copies, and may download extracts, of any Content for your personal or internal business uses and you may draw the attention of others either outside or within your organization to such Content, provided that you do not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged.

If you print off, copy, or download any part of our Site in breach of these Terms of Use, your right to use our Site will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.

Except as expressly granted to you under these Terms of Use, you have no rights, including any claim for intellectual property or other proprietary rights, in the Site, and we hereby reserve all rights not expressly granted to you. You must comply with all Applicable Law when using the Site as well as all applicable copyright, trademark, or other legal notices or restrictions.

Commercial Use Licence

This section applies to any use you wish to make of Content beyond the Own Use Licence granted above. Should you wish to take, produce, reproduce, alter, arrange, translate, transform, modify, share, re-interpret or create any derivative works of any Content for commercial purposes (“Adapted Content”), including by distributing or publishing such Adapted Content on your own website, app, e-mails, or official printed corporate publications related thereto (“Authorised Media”), you must first obtain our express, written consent to do so (“Commercial Use Licence”) by contacting [nicolas.nsoepey@kimanso.fi] with your request.

Your request must contain:

A statement detailing the purposes for which you wish to use any Adapted Content; and
A list of the categories of Content including specific hyperlinks or screenshots (as applicable) of the Content you wish to become Adapted Content (“Licensable Data”).

We will consider your request, taking into consideration inter alia, whether such Licensable Data is owned by us, licensed to us, and/or comprises personal data. To the extent only that we grant our consent

To you under a written document clearly marked as a “Commercial Use License” referencing these Terms of Use to use all or part of the Licensable Data (“Licensed Data”) for a permitted use (“Permitted Use”), we will grant, unless otherwise agreed in writing, a non-exclusive, non-transferable, revocable, worldwide licence for a specified term to do so on Authorised Media subject to the following:

You will comply with these Terms of Use, including where applicable, the Additional Terms including in connection with any Licensed Data that is personal data;
As applicable, you will use any pre-agreed attribution statements to acknowledge our status (and that of any identified contributors) as the authors of the underlying Content;
You will cooperate with us to protect the goodwill and reputation associated with Kimanso, its group companies, the Site, and any Services and undertake and warrant that your use of the Licensed Data shall not damage, risk or harm such goodwill and reputation;
You will only make copies or distribute Licensed Data to the extent reasonably necessary for the Permitted Use;
You will not use any Licensed Data or any of our trademarks or logos on any product packaging or to make any on-pack or about-product claims in relation to your own goods or services without our separate, express written consent;
You will not permit any third party to use or re-publish the Licensed Data for their commercial purposes and ensure appropriate terms of use are in place on your Authorised Media to prevent the onward use and transfer of Licensed Data by third parties for commercial purposes without our written consent;
Upon termination or expiry of any agreed term during which you are granted a Commercial Use Licence, you will immediately (i) cease using the Licensed Data, (ii) use your best efforts to retrieve all distributed published materials using the Licensed Data and (iii) destroy all such materials and provide Kimanso with proof (acceptable to us) of destruction.

We refer you to section 12 (Termination) below, which describes when any license or permission granted pursuant to these Terms of Use expires or terminates.

6. Third-Party Data

Some of the Content on our Site is licensed to you directly from the owner or licensor of that material and/or content (third-party data). The use of this third-party data is subject to other terms and conditions that are prescribed by the relevant owner or licensor of that third-party data. Where applicable, the Additional Terms set out the various third-party data and applicable terms and conditions that are available on the relevant Site. The use of any such third-party data is subject to you accepting those terms of use and you agree to abide by them.

Any references in our Site to third-party data are provided for your information only. We have no control over third-party data, and accept no responsibility for them or for any loss or damage that may arise from your use of them. As we have no control over the third-party data and have not independently verified the accuracy of the third-party data, you acknowledge and agree that we are not responsible for the availability or accuracy of the third-party data.

7. Representations and Warranties

When you access our Site and/or use our Services, you hereby represent and warrant that:

If you are an individual:
- You are at least 18 years of age or have reached the age of majority in the jurisdiction in which you live or reside;
- You are capable of entering into and performing legally binding contracts under Applicable Law; and
- All information which you provide is accurate, up to date, truthful, and complete.
If you represent a corporate entity:
- You have the full right, legal power, and actual authority to bind such entity to these Terms of Use;
- That entity is duly organised, validly existing, and in good standing under the laws of the state, province, or country of its incorporation; and
- All information which you provide is accurate, up to date, truthful, and complete.

8. Reliance on Information Posted

Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

9. Our Site Changes Regularly

We aim to update our Site regularly and may change the content at any time. If the need arises, we may suspend access to our Site or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.

10. Compatibility

We do not warrant or represent that the Site or Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment, or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Kimanso and its subsidiaries, affiliates, partners, suppliers, and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

11. Our Liability

To the extent permitted by Applicable Law, we shall not give any guarantees, conditions, or warranties:

As to the accuracy, reliability, or correctness of any data provided through the Services;
That the Services will function in an uninterrupted manner or be secure or free from errors; and
That the Services will be free of viruses or other harmful code.

The Services are provided on an “as is”, “as available” and “with all faults” basis without warranties of any kind either express or implied. To the extent permitted by Applicable Law, we disclaim all warranties, express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, or other violation of rights.

To the extent permitted by law, we, other members of our group of companies, and third parties connected to us hereby expressly exclude any liability for any indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it, and any materials posted on it, including, without limitation any liability for:

(i) Loss of income or revenue;
(ii) Loss of business;
(iii) Loss of profits or contracts;
(iv) Loss of anticipated savings;
(v) Loss of data;
(vi) Loss of goodwill;
(vii) Wasted management or office time; and
(viii) Any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under Applicable Law.

To the extent that our liability may not be excluded under these Terms of Use, our liability shall be limited to your direct and documented damages and, you agree, that in no event will such liability exceed the amount of US$100.00 or the amount paid by you in the last six months for access to the Site or related Services, whichever is the lower.

You shall defend and indemnify us against any claims, actions, proceedings, losses, damages, expenses, and costs (including without limitation, court costs and reasonable legal fees) arising out of or in connection with:
(a) Your use of the Site or Services (except where such use has been authorised in the proper performance of your duties (if you are an Employee));
(b) Your breach of any provision of the Terms of Use and where applicable, the Additional Terms;
(c) Any Commentary that you have posted on the Site; or
(d) Your violation of any rights of another person or entity.

This indemnity is a continuing obligation, constitutes a separate and independent obligation of the party giving the indemnity and will survive the termination or expiry of these Terms of Use.