Kindoo Terms of Service

 

Last Modified: January 10, 2014

Thanks for using Kindoo.

PLEASE READ THESE TERMS CAREFULLY. BY USING THE KINDOO SERVICE, SIGNING UP FOR AN ACCOUNT OR PURCHASING CONSULTING SERVICES FROM US, YOU’RE AGREEING TO THESE TERMS. THIS IS A LEGAL AGREEMENT.

We’ll start with the basics, including a few definitions that should help you understand this agreement.

· Kindoo (“Kindoo” or the “Service”) is a service offered through the URL www.getkindoo.com (the “Website”) that allows you to learn using video.

· Kindoo is owned and operated by Kindoo, Inc., a Delaware corporation (“Kindoo,” “we,” or “us”).

· Kindoo has employees, independent contractors and representatives (“our Team”).

· As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).

· There are also certain other capitalized terms used in this document that are defined in context as they are used, or else in the Definitions section at the end of this document.

These Terms of Service (“Terms” or “Agreement”) define the terms and conditions under which you’re allowed to use Kindoo and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us. Signing an Order Form or clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Kindoo on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

The Terms include this document, as well as our

1. THE SERVICE

a. Access & Use

During the Term, we will provide you access to the Service and permit you to use it as described in this Agreement, subject to the terms and conditions as set forth in this Agreement, including, but not limited to the payment of Fees. Access to the Service and use of it are referred to in this Agreement using the single term “Use”.

b. Eligibility

In order to Use Kindoo, you must:

· be at least eighteen (18) years old and legally able to enter into contracts;

  • complete the registration process;
  • agree to the Terms; and

· provide true, complete, and up to date contact information.

By using Kindoo, you represent and warrant that you meet all the requirements listed above, and that you won’t use Kindoo in a way that violates any laws or regulations. Kindoo may refuse service, close accounts of any users, and change eligibility requirements at any time.

c. Changes

We may change any of the Terms by posting revised Terms of Use on our Website at www.getkindoo.com/termsand/or by sending an email to the last email address you gave us. Unless you terminate your account within thirty (30) days, the new Terms will be effective immediately and apply to any continued or new use of Kindoo. We may change the Website, the Service, or any features of the Service at any time.

d. Support

We will provide commercially reasonable technical support relating to your Use of the Service in accordance with our standard practices (as amended from time to time) and as further set forth in this paragraph, for no additional Fee. We will provide technical support from 9AM to 6PM Eastern Time (GMT-5), Monday through Friday, excluding US national holidays. We accept webform support questions 24 hours per day x 7 days per week atwww.getkindoo.com/support. Webform responses are provided during phone support hours only. We attempt to respond to webform support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time. We may, in the future, create premium support offerings and charge additional Fees for those offerings. We will have the right to charge in accordance with our then current policies for any support services resulting from problems, errors or inquiries relating to Systems or any other network, equipment, service or software not owned, controlled or procured by us.

e. Availability

We will use our commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for planned down-time for maintenance. Notifications of planned down-time will be posted on our web site.

f. Systems

You shall obtain and operate all Systems needed to connect to, access or otherwise Use the Services, and provide all corresponding backup, recovery and maintenance services. You shall ensure that all Systems are compatible with the Service. You shall maintain the integrity and security of your Systems (physical, electronic and otherwise).

g. Updates

Kindoo shall have no obligation to provide Updates, except that Kindoo will provide you with any Update that we make generally available without charge to our customers.

h. Modifications

We may modify the Service from time to time, including by adding or deleting features and functions, in an effort to improve your experience.

i. Additional Features

You may subscribe to additional features of the Service by agreeing to a new Order Form

j. Third Party Providers

We might provide some or all elements of the Service through third party service providers, which are not under our control. These third parties, and not Kindoo, are responsible for these elements.

k. Consulting Services

We may provide certain Consulting Services to you pursuant to an Order Form. An Order Form may also include a Statement of Work describing the specific Consulting Services we agree to provide (an “SOW”). Fees for these Consulting Services are in addition to fees payable for the Service. Unless otherwise agreed, all Consulting Services are performed remotely. For Consulting Services performed on-site, you will reimburse us our reasonable cost for all expenses incurred in connection with the Consulting Services. Any invoices or other requests for reimbursements will be due and payable within thirty (30) days of receipt of the invoice. Hours purchased as part of a consulting package are nonrefundable and expire as set forth in the Order Form, but in any case no later than one hundred and eighty (180) days from purchase.

l. Free Trial

If you register for a free trial of the Service, we will make the Service available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period or (b) the start date of your subscription. During the free trial period, (i) the Service is provided “as is” and without warranty of any kind, (ii) we may suspend, limit, or terminate the Service for any reason at any time without notice, and (iii) we will not be liable to you for damages of any kind related to your Use of the Service. Unless you subscribe to the Service before the end of the free trial, all of your data on the Service will be permanently deleted at the end of the trial, and we will not recover it.

2. SUBSCRIPTION TERM

The period during which you are entitled to Use the Service (“Subscription Term”) begins when you sign up for Kindoo and continues until terminated by one of us, as provided in this Agreement. You incur an obligation to pay Fees for the Service initially by ordering a monthly or annual plan, and thereafter at the beginning of each subsequent month or anniversary date, as applicable, unless and until the subscription is terminated as provided below. Fees for each subsequent month or year are based on the pricing on our Website, unless otherwise specified in your Order Form.

You may at any time notify us that you wish the Subscription Term to end, by sending an email toaccounts@kindoo.com no more than ninety (90) days and no less than forty-five (45) days before your desired end date. If you terminate the Subscription Term effective on a date before the period for which you have already paid applicable Fees, we will refund you the portion of the Fees pre-paid for the Service that we will not provide. However, if Fees were discounted based upon your pre-payment covering a particular period, we will retain an appropriate portion of the fees to account for the discount. (For example, if you purchase an annual plan and pay an effective monthly rate that is less than the amount that you would have paid per month for a monthly plan, over the same period, but terminate the annual plan early, any refund will be based on if you had paid the monthly rate for the months during which we provided the Service.)

We may terminate this Agreement at any time and for any reason by providing you notice. We may also suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly or annual prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your videos from our Website.

3. PAYMENT

a. Fees

Applicable fees that apply to your Use of the Service (“Subscription Fees”) and any Consulting Services, and any other applicable charges (all of which are referred to together as “Fees” in this Agreement) will be set forth in the applicable Order Form. All Use is subject to timely payment of applicable Subscription Fees.

b. Subscription Fees

The Subscription Fee will not increase from billing period to billing period, unless we notify you, or you exceed an applicable Limit or modify the scope of the Service ordered during the Subscription Term by issuing a replacement Order Form. Where a price change applies to you, we will charge or invoice you under the new prices, starting with the next billing period in the Subscription Term.

c. Plans

Our charges for annual and monthly plans are posted on our Website at www.getkindoo.com/plans and may be changed from time to time. If any part of a month is included in the Subscription Term, then payment is due for the full month.

  • Monthly payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment (the “Pay Date”). Monthly fees are non-refundable. There will be no refunds or credits for partial months of service.
  • Initial Annual payment is due upon the day you signed up with us. Subsequent Annual payments are due on the annual anniversary of the day you signed up with us.

d. Limits

Limits of various types may apply to your Use, including based on the amount of data stored or transmitted via the Service, and the number of Users, among other potential limitations. Any such limits (“Limits”) will be specified in your Order Form and this Agreement. Currently, each of our plans comes with a monthly video bandwidth threshold. If you go over your threshold, then you’ll have to pay additional fees, which are also posted on our Website. Monthly thresholds are calculated based on calendar months and based on the date of account activation. Once an account reaches its monthly bandwidth limit You will be notified and given the option of (a) upgrading to a plan with a higher bandwidth limit, or (b) paying for extra bandwidth at the then current overage rate for your account (unless otherwise previously mutually agreed upon).

e. Taxes

All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your Use of the Service and performance of Consulting Services. You shall have no liability for any taxes based upon our gross revenues or net income. If you are located in the European Union, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state

f. Orders

All Use of the Service is subject to you having issued to Kindoo a valid ordering document that has been accepted by Kindoo (“Order Form”). An Order Form will normally set forth the applicable Limits and Fees.

g. Credit Cards

If you are paying by credit card, as long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

h. Invoices

If you are paying by invoice, we will invoice you at the beginning of the Initial Subscription Term and at the beginning of each subsequent billing period, or on such other terms as are set forth in the applicable Order Form. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified in the Order Form.

i. Payment Information

You will keep your contact information, billing information and credit card information (where applicable) up to date. You must notify Kindoo promptly of any changes in such information by updating this information in the Account section of the Service/Website. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Term.

k. Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

4. RIGHTS

a. Proprietary Rights Owned by Us

You shall respect our proprietary rights in the Website and the software used to provide Kindoo (proprietary rights include patents, trademarks, service marks, and copyrights). You may only use our brand assets according to our Brand Guidelines. This is an Agreement for Use of the Service, and you are not granted a license to any software by this Agreement. The Service and Consulting Services are protected by intellectual property laws. The Service and Consulting Services belong to and are the property of us or our licensors (if any). We retain all ownership rights in the Service. We encourage all customers to comment on the Service and provide suggestions for improving it. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Service or Consulting Services, without payment to you.

b. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of your User Content. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy. As between the parties, you own and retain all rights to the User Content. This Agreement does not grant us any ownership rights to User Content. You grant permission to us and our licensors to use the User Content only as necessary to provide the Service and Consulting Services to you. We will not use, or allow anyone else to use, User Content except as you direct. We will use User Content only in order to provide the Service to you and only as permitted by applicable law, this Agreement, and the privacy policy posted on our web site (the “Privacy Policy”). You grant us the right to add your name and company logo to our customer list and website.

c. Aggregate Data

We may monitor Use of the Service by all of our customers and use the data gathered in an aggregate and anonymous manner. You agree that we may use and publish such information, provided that such information does not incorporate any User Content and/or identify you.

d. Safeguards

We will maintain commercially appropriate administrative, physical, and technical safeguards to protect User Content. You consent to the processing of User Content, and all data provided by you in connection with your Use of the Service, in the United States. You agree to create archival copies or backup copies of all User Content.

e. Privacy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms and is located at www.getkindoo.com/privacy.

f. Right to Review Content

We may view, copy, and internally distribute content from your videos and account to create algorithms and programs (“Tools”) that help us spot problem accounts, find Members who violate these Terms or applicable laws, troubleshoot support issues and generally create better experiences for Members.

g. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the contact information listed for that account.

5. USE AND LIMITATIONS

a. General Rules

You promise to follow these rules:

· You won’t use content (e.g., videos) in the system that is legal property of another person or organization.

· You won’t violate our Acceptable Use Policy (or “AUP”), which is part of this Agreement and located atwww.getkindoo.com/use.

· If you violate any of these rules, then we may suspend or terminate your account.

b. User Terms

You are subject to and will comply with our AUP. Each User – whether they are an employee, contractor, partner, representative or other affiliate – is also subject to our AUP, and you agree to ensure that each User complies with its terms.

c. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you think anyone has posted material that violates any copyrights, then you may notify us according to our Copyright Policy, which is located atwww.getkindoo.com/copyright.

6. DISCLAIMERS; LIMITATIONS OF LIABILITY

a. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before (prorated for annual plans).

b. Service Failure

Kindoo will not be responsible or liable for any failure in the Service resulting from or attributable to (a) your Systems, (b) network, telecommunications or other service or equipment failures outside of our facilities, (c) your or a third party’s products, services, negligence, acts or omissions, (d) scheduled maintenance or (e) unauthorized access, breach of firewalls or other hacking by third parties.

c. No Warranties

We and our affiliates and agents make no representations about the suitability, reliability, availability, timeliness, security or accuracy of the Service, Kindoo Content, or the Consulting Services for any purpose. To the extent permitted by law, the service and consulting services are provided “as is” without warranty or condition of any kind. We disclaim all warranties and conditions of any kind with regard to the Service, Kindoo Content and the Consulting Services including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. Members use Kindoo for a variety of reasons. We can’t guarantee that it will meet your specific needs. But we hope it does!

d. Third Party Products

We disclaim all liability with respect to Third-Party Products that you use. Our licensors shall have no liability of any kind under this agreement.

e. Your Consent

You understand and agree that absent your agreement to the above “Limitations of Liability” sections sections a-d, we would not provide the service to you.

f. Indemnity

You agree to indemnify, defend and hold us and our Team harmless at your expense from any losses (including attorney fees) that result from any claim, suit, action, or proceeding (each, an “Action”):

1. that you make that isn’t allowed under these Terms due to a “Limitation of Liability” or other provision.

2. that is brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action:

a. Alleges that you or someone using your password did something that, if true, would violate any of these Terms; or

b. is based upon or arises out of (i) unauthorized or illegal use of the Service by you; (ii) your noncompliance with or breach of this Agreement, (iii) your use of Third-Party Products, (iv) the unauthorized Use of the Service by any other person using your User information, or (v) any use or disclosure of User Content in connection with the provision of the Service or to comply with any legal, regulatory or similar requirement or investigation.

We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

g. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

h. Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

i. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

j. Disclaimers

We and our Team aren’t responsible for the behavior of linked websites or other Members.

6. TERMINATION, SUSPENSION AND EXPIRATION

a. Termination for Cause.

Either party may terminate this Agreement for cause: (i) upon thirty (30) days’ notice to the other party of a material breach of this Agreement or the User Terms, if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation or assignment for the benefit of creditors.

b. Suspension for Prohibited Acts.

We may suspend any User’s access to the Service for: (i) Use of the Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement or the User Terms, (ii) repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity.

c. Suspension for Non-Payment.

We may suspend your access to all or any part of the Service upon ten (10) days’ notice to you of non-payment of any amount past due. We will not suspend the Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

d. Suspension for Present Harm.

If your Use of, the Service: (i) is being subjected to denial of service attacks or other disruptive activity, (ii) is being used to engage in denial of service attacks or other disruptive activity, (iii) is creating a security vulnerability for the Service or others, (iv) is consuming excessive bandwidth, or (v) is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all or any access to the Service. We will try to limit the suspension to the affected portion of the Service and promptly resolve the issues causing the suspension of the Service.

e. Effect of Termination or Expiration.

Upon termination or expiration of this Agreement, you will stop all Use of the Service and Kindoo Content. Upon termination of this Agreement, unless we have terminated it for cause, we will provide a refund as indicated above under Subscription Term.

f. Retrieval of User Content.

As long as you have paid all fees owed to us, if you make a written request within thirty (30) days after termination or expiration of the Subscription Term, we will provide you with temporary access to the Service to retrieve, or we will provide you with copies of, all User Content then in our possession or control. We may withhold access to the User Content until you pay any fees owed to us. Thirty (30) days after termination or expiration of the Subscription Term, we will have no obligation to maintain or provide you the User Content and may, unless legally prohibited, delete all User Content in our systems or otherwise in our control.

7. GENERAL

a. Authority

Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.

b. Assignment

You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all assets, change of control or operation of law, without our prior written consent, which will not be unreasonably withheld. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all assets, change of control or operation of law.

c. No Third Party Beneficiaries

Nothing in this Agreement, express or implied, is intended to or shall confer upon any third party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

d. Compliance with Laws

We will comply with all U.S. state and federal laws in our provision of the Service, the Consulting Services and our processing of User Content and any data relating to you or any User that you may provide to us. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. You will comply with all laws in your Use of the Service, including any applicable export laws.

e. Choice of Law

This Agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A. without reference to conflicts of law principles.

f. Contract for Services

This Agreement is a contract for the provision of services and not a contract for the sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, shall not apply to this Agreement. If you are located outside of the territory of the United States, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern this Agreement or the rights and obligations of the parties under this Agreement.

g. Notice to U.S. Government End Users

The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:

  • only as Commercial Items,
  • with the same rights as all other end users, and
  • according to the Terms

· Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Kindoo, Inc., 29 Kilburn Road, Newton, MA 02465

h. Force Majeure

Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

i. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: “Payment”, “Rights”, “Disclaimers; Limitation of Liability”, “Termination, Suspension and Expiration”, “General”

j. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

k. Interpretation

The headers and any sidebar text are provided only to make this Agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

l. Amendments

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the “Additional Terms”). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.

m. Waivers

If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights or remedies under the Terms, and we may still take action at some point. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.

n. Actions Permitted

Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

o. Relationship of the Parties

You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.

p. No Changes in Terms at Request of Member

Because we desire to scale the Service to support many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.

q. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

r. Notification of Security Breach

In the event of a security breach that may affect you, we’ll notify you of the breach and provide a description of what happened and suggested actions (if any).

s. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us in an Order Form or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Kindoo, Inc., 29 Kilburn Road, Newton, MA 02465 or any addresses as we may later post on the Website.

We may give electronic notices by general notice via the Service and may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.

t. Entire Agreement

This Agreement (including each Order Form and SOW), and our Privacy Policy, Acceptable Use Policy, Copyright Policy, and Brand Guidelines, is the entire agreement between us for the Service and Consulting Services and supersedes all other proposals and agreements, whether electronic, oral or written, between us. No additional or different terms proposed by you, including those contained in your purchase order, acceptance or website, will apply. Our obligations are not contingent on the delivery of any future functionality or features of the Service or dependent on any oral or written public comments made by us regarding future functionality or features of the Service. The statement in this paragraph does not limit the applicability of the User Terms to you and your Users.

u. Precedence . In the event of a conflict between the terms of this Agreement and an Order Form or SOW, the terms of the Order Form or SOW shall control, but only as to that Order Form or SOW.

DEFINITIONS

“Agreement” means these Customer Terms of Service and all materials referred or linked to in here.

“Consulting Services” means the professional services provided to you by us, which may include training services, installation, integration or other consulting services.

“Kindoo Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Service or Consulting Services.

“Order Form” means the Kindoo-approved form by which you agree to subscribe to the Service and purchase Consulting Services.

“Service” means our service offering for providing video-based sales training, including the specific tools and platform that you have subscribed to by an Order Form, and that is developed, operated, and maintained by us, accessible via www.getkindoo.com or another designated URL, and any ancillary products and services, including website hosting, that we provide to you.

“Systems” means modems, servers, software, network and communications equipment and ancillary services that are owned, controlled or procured by you.

“Third-Party Products” means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the Service.

“Third-Party Sites” means third-party websites linked from within the Service, if any.

“User Content” means all text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that you provide or post, upload, input or submit for display through the Service or that may be viewed on, accessed through, or contributed to the Services.

“Users” means your employees, representatives, consultants, contractors or agents who are authorized to Use the Service for your benefit and have unique user identifications and passwords for the Service.

THANKS

Congratulations! You’ve reached the end. Thanks for taking the time to learn about Kindoo’s policies.