Terms of Service

Effective as of April, 6, 2017

The following terms and conditions govern all access to and use of the kiwimydata web application, the www.kiwimydata.com website (“Website”) and service (together, the “kiwimydata Service”) including all content, services and products available at or through the kiwimydata Service.

The kiwimydata Service is owned and operated by Khanh Tuong & Carsten Meyer (“kiwimydata”, “we”, “our” or “us”). The kiwimydata Service is offered subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website, including the kiwimydata Privacy Policy (https://kiwimydata.com/privacy/) (collectively, the “Agreement”).

Please read the Agreement carefully before accessing or using the kiwimydata Service. Your accessing or using any part of the kiwimydata Service evidences your agreement to be bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use the kiwimydata Service.

1. kiwimydata Service

The kiwimydata web application allows you to connect various data sources such as Tableau Server or Tableau Online and to aggregate, analyze and publish data from these data sources in Slack and the kiwimydata web application.

kiwimydata may also, in the future, update current services and/or features or offer new services and/or features to the kiwimydata Service (including, the release of new tools and resources). Such updated or new features and/or services shall be subject to the terms and conditions of the Agreement.

Access to the kiwimydata Service is permitted on a temporary basis. We reserve the right to modify or discontinue offering or updating the kiwimydata Service at any time without notice.

After an initial free trial period, if any, your use of the kiwimydata Service and your access to the data and information stored in your kiwimydata Account requires a paid subscription. The subscription you selected will automatically begin and the credit card you provided will be charged for that subscription unless you cancel the kiwimydata Service before the expiration of a free trial period or the preceding subscription period, as the case may be. You can cancel your subscription at any time at Website’s Billing Page or by contacting info@kiwimydata.com.

Until you cancel your subscription, your subscription will be renewed automatically and your credit card will be charged for each renewal at the end of each subscription period. Prices are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the site or the kiwimydata Service itself.

If you have any questions, comments or requests regarding your subscription, please email info@kiwimydata.com.

2. Slack Service

kiwimydata and Slack Technologies Inc, the provider of the Slack communication service, (“Slack”) are different entities. There is no relationship between kiwimydata and Slack, other than kiwimydata being a licensee and user of the Slack API for the purpose of providing the kiwimydata Service. Slack is not responsible for the kiwimydata Service and will not provide support for the kiwimydata Service.

These terms do not apply to your use of the Slack services. Such use is governed by the Slack Terms of Service available on the website www.slack.com.

3. Use of kiwimydata Service and Creation of kiwimydata Account

In order to use the kiwimydata Service, you must be 18 years of age or older, or be 13 years of age or older and have your parent or guardian’s consent to the Agreement. You must also have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws.

You may create a kiwimydata Account in your personal capacity (in which case the terms “you” or “your” apply to yourself only) or on behalf of a company or other legal entity (your “Company”) which you have the authority to bind (in which case the terms “you” or “your” shall refer to such entity and all permitted Members and Administrative Users (as defined in the Slack Terms of Service).

By signing into your Slack account on the Website, you grant us access to and permission to process Personal Information (as defined in the kiwimydata Privacy Policy https://kiwimydata.com/privacy/) and other information in your Slack account. Our use, access and processing of your Personal information and other information is subject to our Privacy Policy https://kiwimydata.com/privacy/ which is a material part of this Agreement.

You are responsible for maintaining the security of your Slack Account (including your username and password), and you are fully responsible for all activities that occur under your Slack Account and any other actions taken in connection with it, whether by yourself or other users. You must immediately notify kiwimydata of any unauthorized uses and users of your Slack Account integrated with the helpdesk or any other breaches of security. kiwimydata will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

4. Intellectual Property

We are the owner or the licensee of all intellectual property rights in the kiwimydata Service and in the material published on it. We grant you:

a limited, non-exclusive, revocable license to make use of the kiwimydata Service (excluding the Website); and
a limited, non-exclusive, revocable license to make personal, non-commercial use of the Website and the material published on it.
These licenses shall terminate when the Agreement terminates in accordance with Section 7 (Termination).

The Agreement does not transfer any of kiwimydata’s or any of kiwimydata’s licensors’ intellectual property to you. Title to such intellectual property will remain solely with kiwimydata or kiwimydata’s licensors (as applicable).

All kiwimydata trademarks, service marks, trade names, logos, domain names, and any other features of the kiwimydata brand are the sole property of kiwimydata. Your use of the kiwimydata Service grants you no right or license to reproduce or otherwise use any of kiwimydata’s trademarks, service marks, trade names, logos, domain names or any other features of the kiwimydata brand, whether for commercial or non-commercial use.

5. Third Party Sites

The kiwimydata Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

6. Changes

We reserve the right to change the Agreement at any time for any reason. Any changes we may make to the Agreement in the future will be notified to you by posting an updated version of the Agreement on this page with an updated revision date and, where appropriate, by email. Your continued use of or access to the kiwimydata Service following the notification of any changes to the Agreement constitutes acceptance of those changes.

7. Termination

kiwimydata may terminate the Agreement and suspend your access to all or any part of the kiwimydata Service immediately by contacting you at your email address on record if:

you commit a breach of the Agreement, as determined by us in our discretion, or we suspect that may be the case; or
we consider termination necessary to protect the integrity or security of the systems used by us at any time.
If you wish to terminate the Agreement, you must cancel your kiwimydata Account. On termination of the Agreement by any party and for any reason all rights granted to you under the Agreement shall cease and you must immediately cease all activities authorized by the Agreement, including your use of the kiwimydata Service.

8. Disclaimer of Warranties

To the maximum extent permitted by law, the kiwimydata Service is provided “as is” and “as available”. kiwimydata hereby disclaim all warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, the warranties of merchantability and fitness for a particular purpose and non-infringement. kiwimydata does not warrant that the kiwimydata Service will be complete, accurate, reliable, timely, secure, error free or that access thereto will be continuous or uninterrupted. You understand that you are using the kiwimydata Service at your own discretion and risk.

We do not warrant, endorse, guarantee or assume responsibility for any Messages, or any other product or service advertised or offered by a third party on or through the kiwimydata Service.

The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law.

9. Limitation of Liability

In no event will kiwimydata be liable with respect to any subject matter of the Agreement under contract, negligence, strict liability or other legal or equitable claim for: (i) any indirect, special, incidental or consequential loss or damages; (ii) loss of profit, business, revenue, anticipated savings, business opportunity; (iii) the cost of procurement for substitute products or services; or (iv) the cost of interruption of use or loss or corruption of data.

kiwimydata shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. Representations and Warranties

You represent and warrant that your use of the kiwimydata Service will be in strict accordance with the Agreement. In particular, you represent and warrant that:

you will comply with the kiwimydata Terms of Service at all times;
you will provide us with accurate information (where required);
you will not use the kiwimydata Service in the event of an emergency;
you will not use the kiwimydata Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the kiwimydata Service;
you will not infringe our intellectual property rights or those of any third party in relation to your use of the kiwimydata Service;
you will not use the kiwimydata Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
you will not collect or harvest any information or data from any content or our systems or attempt to decipher any transmissions to or from the servers running the kiwimydata Service.

11. Indemnification

You agree to indemnify and hold harmless kiwimydata and its respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the kiwimydata Service, including but not limited to your violation of the Agreement.

12. Miscellaneous

The Agreement constitutes the entire agreement between kiwimydata and you concerning the provision of the kiwimydata Services. The Agreement is between you and us and is not intended to grant rights, including the right to enforce any of its terms, to any other person. Any failure or delay by us to enforce the Agreement or any provision thereof shall not waive our right to do so. We may transfer our rights and obligations under the Agreement to a third party, but this will not affect your rights or obligations under the Agreement. Each of the terms and conditions of the Agreement operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and will be construed as far as possible to give effect to the parties’ intentions as originally expressed in the Agreement.

13. Contact

If you have any questions, comments or requests regarding the Agreement, please email info@kiwimydata.com.

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