Kompyte Standard Terms of Service.
General Terms and Conditions
1.-Identification of the actual contract parties.
Kompyte is a public limited company registered in Delaware, based in 814 Mission St., San Francisco, CA, 94103 . Kompyte is licensed to carry out their activity. The registered user whose personal data has been submitted through the registration form or any other document that Kompyte has made available on www.kompyte.com. All data included in the aforementioned form has been introduced directly, so that the responsibility for the authenticity of these documents falls directly and exclusively to the user. Kompyte is committed to follow the private policy published in www.kompyte.com/privacy-policy
2.-Object of the Contract.
Kompyte develops and distributes software solutions that track and analyze the user’s competitors’ updates, helping the user stay one step ahead of the competition, giving to the user his/her competitors’ information and market information that allows him/her make accurate strategic and operations decisions in order to be more competitive. Access to the Web is free except for the cost of connection through the telecommunications network provided by the service provider contracted by users. There are no setup fees and no commitment to continue using Kompyte’s services; you can unsubscribe whenever you want at the end of the contracted period. The user should not provide any banking information or credit card while testing services during the trial period (14 days). The customer must provide payment data only when deciding to purchase the service. The payment depends on the services that the user decides to contract and can be changed if the preferences of the user change, meaning that the user can change the services contracted or cancel the contract. The parameters of Kompyte services are reflected in www.kompyte.com/pricing. Here you can find full descriptions of services offered through Kompyte. Some of Kompyte’s services are subject to particular conditions, regulations, and instructions which are made on an individual basis. If such documents conflict with these terms and conditions, those agreements made specifically between Kompyte and individual users will supersede the terms and conditions. Furthermore, any changes to such individual agreements must be validated both by Kompyte and the user prior to their modification.
3.- Conditions of the contracted service.
To hire Kompyte services, it is necessary that the user has the legal authority to contract services offered on the Web. Accounts made by bots or other automated methods are not valid. The user must provide to Kompyte his/her real data (company, name, mail, etc.) as requested to complete the registration process in order to provide a good service. Users may only use their own usernames. The user cannot share his/her username or password with anybody else. If the user shares his/her username or password, he/she does so at his/her own risk. The user is the responsible for maintaining the security of the account and password and Kompyte does not accept any responsibility for any loss or damage arising from any user’s failure to maintain the security of his/her account login information. The user is responsible for all content posted and activity that occurs under his/her account. A single legal entity may not maintain more than one free account. No one can use Kompyte services in any manner that could damage, disable, overburden or impair our servers or networks, or that could interfere with the use and enjoyment of Kompyte services. No one may attempt to gain unauthorized access to any of Kompyte services, user accounts, computer systems or networks through hacking, password mining or any other way. Kompyte, through its representatives has the right to take any legal action with the aim to prevent or respond to the violation of the following provision. Kompyte is not liable for any damages, including but not limited to, any general, special, incidental, or consequential damages issuing from the use of user data by third party providers. The company is also not responsible for the manner or circumstances of third party access to user content or for access of public content and is not under any obligation to disable or limit access to such data. No one can, without explicit permission from Kompyte part, rent, lease, copy or reproduce in total or in part, any of Kompyte services through a LAN or other network system or through bulletin board systems or computer networks that modify, adapt or create derivative works based on the Kompyte ones. Neither is anyone allowed to reverse engineer, meaning decompile or disassemble, Kompyte services.
4.- Communication commitment of technical and legal specifications.
The user understands that the information contained in www.kompyte.com, in reference to the specifications and descriptions of the service to be acquired, and the general conditions of recruitment and development contract are enough and sufficient to exclude any error in the informed consent. Notwithstanding, Kompyte undertakes to inform any other additional specification or description of the service to be acquired and/or legal information concerning the contractual relationship.
5.- Service availability.
Kompyte operates through internet and serves everyone interested around the globe. Kompyte shall use all reasonable endeavours to maintain the availability of the Hosted Services to the Customer, but does not guarantee 100% availability For the avoidance of doubt, downtime caused directly or indirectly by any of the following shall not be considered a breach of this Agreement: (a) a Force Majeure Event; (b) a fault or failure of the internet or any public telecommunications network; (c) a fault or failure of the ISP network: Microsoft Azure or OVH HISPANO, S.L.U. (d) a fault or failure of the Customer’s computer systems or networks; (e) any breach by the Customer of this Agreement; or (f) scheduled maintenance carried out in accordance with this Agreement. Nevertheless, Kompyte has the right to interrupt the services rendered to any user who undertakes illegal, unethical, offensive, or incorrect use of the contents or services offered and/or acts contrary to Kompyte’s interests. In the cases mentioned, Kompyte does not have an obligation to provide advance warning of the interruption because the user’s actions would be considered a contractual bad faith.
6.- Execution and cancellation of the contract between the user and Kompyte.
The contract between the user and Kompyte will be formalized once the user has completed and validated his/her subscription to our services by completing our registration form and contract. Having placed his/her order for services, the user will receive a confirmation e-mail service, in which we will confirm that we have received and accepted the new user. Contracting the service implies the acceptance of these Terms and Conditions. You must verify that the data you provided are correct. Kompyte is not responsible for any mistakes in the data provided by the user. The contract covers only the services included in the plan selected by the user. In this sense, there different types of plans and prices depending on the services that the user wants. The user is free to subscribe to any plan with no minimum time commitments or any kind of buy-in. The user is free to cancel the service at any time upon 30 days written notice. However, in free trial mode, Kompyte’s services will be forcibly cancelled after the period of 14 days. Kompyte consider that this time is enough to allow the consumer evaluate if the services have add value for the user business. By contracting one of our plans the user agrees to pay the price shown on the web; the quotes are monthly or annual fee, according to the option chosen. To cancel his/her contract, the user must log into his/her account and use the unsubscribe link or email us at: [email protected] in the subject: Cancellation. A 30 day written notice is required, after that, the subscription will automatically renew for the next period. To update your service, you must log into your account and select your new plan, or email us at: [email protected] Kompyte has the right to upgrade their services during the contract duration; in this case, this service will be immediately available for all active licences. Service upgrades will affect all accounts, including those contracted before the upgrade was released; in this case, service upgrades will not be accompanied by a price change for accounts created prior to the upgrade. Kompyte reserves the right to cancel subscriptions without prior notice due to important reasons. If the user fails to pay the fees for their contract, Kompyte reserves the right to cancel his/her account within the first day after the regular date of payment. When cancelling an account, Kompyte does not delete all user data, but rather freezes the account by restricting the user’s access to the platform.
7.- Price and payment.
The services will be invoiced at the price in effect at the monthly or yearly payment date in accordance with the original date of purchase. These costs will be invoiced on monthly or annual basis, depending on the user preference. Service prices do not include VAT. Kompyte reserves the right to change package pricing at any time, without notification. To clarify, the possible prices changes do not affect to the previous contracted plans. Kompyte also reserves the right to extend the duration of any free trial as they see fit. Kompyte is entitled to undertake promotional campaigns, during defined periods of time, in order to encourage the registration of new users in its service or to reward current users. Kompyte also reserves the right to modify the conditions of promotional campaigns, extend them, or exclude any participant from the promotion in the event that an abnormality, abuse, or instance of unethical behaviour is detected on the part of the participant. Moreover, Kompyte reserves the right to privately negotiate different prices with users. The prices with promotional character, including those contracted directly with Kompyte team members, prevail over the prices listed on www.kompyte.com. Payments to Kompyte must be made using VISA, Mastercard or American Express, unless otherwise agreed upon by both the user and Kompyte. The first payment will be charged on the user’s credit card within one day of their registration for services. For successive payments, payment will be charged to your credit card the first day of the new monthly period. If the payment is delayed, Kompyte, and with not has the right to calculate default interest amounting to six percent above the respectively valid base rate of the EZB.
8.- Warranty and Liability limitation.
Kompyte is liable for damages caused with gross negligence or intention by the company or its employees. Kompyte not liable for any personal injury or property damage, of any nature whatsoever, resulting from the user access to and use of the site, the services, the site materials or any user content. This includes cases of unauthorized access to Kompyte services and/or any and all personal and/or financial information stored inside. Kompyte is not liable for errors or omissions in any content made available by Kompyte or its users, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the site. In any case, KOMPYTE promises to solve the problems that may arise and provide all necessary support to the user to reach a quick and satisfactory resolution of any issue. Kompyte is not liable for any consequences resulting from a the use of Kompyte’s services in an appropriate way and with best knowledge and conscience. Kompyte is not liable for slightly negligent violations of obligations; insofar these do not regard essential contractual obligations, life, health or body, or involve claims according to the product liability law. This is also applicable for obligation violations of auxiliary agents. Kompyte is not responsible for the content of the communications or dialogue in the course of debates, forums, chats, and virtual communities organized through or around the website and/or linked websites; therefore it is also not liable for any damage and prejudice individuals and/or groups suffer as a result of those communications and/or dialogues. Kompyte is not responsible for any incidents including but not limited to failures in communication or defaced transmissions which may occur as a result of technical difficulties that render Kompyte’s services un-operational. Moreover, Kompyte does not guarantee that Kompyte’s services (including the webpage kompyte.com) are available, accessible, and fault free at all times. This includes circumstances outside of Kompyte’s control which result in delays or failures of Kompyte’s services. Kompyte reserves the right to stop, whether partial or totally, their services for maintenance reasons. Such cessations will be made with minimal possible inconvenience to Kompyte users. We want to clarify that Kompyte is fully committed to providing the highest level of service to each of its users.
9.- Use of the service.
The user agrees to make a lawful, diligent, honest and correct use of any information or content accessed through the website and/or services provided by Kompyte, under the principles of good faith and with respect to the current legislation at all times. The user shall not obtain, except for personal use, any information (meaning any message, sound file, photograph, drawing , software or computer file, graphic etc.) owned by Kompyte. The user agrees not to maliciously or intentionally cause harm or damage that might impair or alter the website itself and not to introduce or disseminate so-called computer viruses that may cause unauthorized content or alterations to components of the web system. All user actions must be in accordance with the provisions of law, morality and public order; this restriction includes but is not limited to copying, reproducing, distributing, transferring, altering or modifying any data belonging to Kompyte without Kompyte’s prior written consent. In this regard, Kompyte, is exempt from any kind of failure or computer virus introduced by others. To comply with all requirements set forth in relation to intellectual, industrial, and other similar laws, Kompyte states that the service offered on the web corresponds to the description; however, Kompyte is exempt from liability for those cases in which technical or human error caused errors in pricing. Kompyte, is exempt from the content, information, opinions or comments carried through its web; nor is it liable for any use of this information by the user.
10.- User Content.
Kompyte services allow users to select, input, upload and share information and data. They also allow users to post, link, store, or otherwise make available a wide variety of information, text, and/or other materials to users in connection with the use of services. We take no responsibility and assume no liability for any User Content posted, stored or uploaded by users or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, we are not liable for any statements, representations, User Content, or Advertiser and Corporate Partner Content (as defined below) provided by users in any form whatsoever on any area of the Site or through the Services. Although we have no obligation to screen, edit, or monitor any of the User Content or Advertiser and Corporate Partner Content posted anywhere on the Site or through the Services, we reserve the right, and have absolute discretion, to remove, screen, or edit any User Content and Advertiser and Corporate Partner Content posted or stored on the Site or through the Services at any time and for any reason, without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site or through the Services, at your sole cost and expense. We do not own the User Content you post on or otherwise select or submit to the Site, but in posting and/or otherwise submitting User Content to the Site and/or using the Services, you grant us an irrevocable, worldwide, transferable, nonexclusive, royalty-free and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content and any information, data, or other material generated through the use of the Services on or in any and all media (now known or hereafter developed). You also hereby grant each user of the Site and/or the Services a non-exclusive license to access your User Content and any information, data or other material generated through the use of the Site and/or the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content and information, data or other material generated through the use of the Site, the Services and under these Terms
11.- Kompyte services and obligations.
Kompyte provides different software plans to users with differing service requirements. Some plans are provided with only basic services and others are contracted including complementary services. Kompyte reserves the right to make individual companies additional offers. The functions of every modality of Kompyte’s services are established and specified in www.kompyte.com. Kompyte grants the customer access to Kompyte software for the duration of the contract. Kompyte software can be used via the cloud solution operated by Kompyte. Kompyte conducts planned maintenance work for the entire Kompyte service suite at regular intervals, typically within the hours of least usage of Kompyte’s services. The information and files hosted in the cloud are saved at regular intervals on several backups; Kompyte possesses highest security standards and acts with the greatest care. All server and system components of the Kompyte service operate withing a network of redundant servers. The data configured and treated by the company is saved securely following the standards established by the industry best practices. Kompyte keeps all received data and information in the cloud confidential and does not seek to use it for Kompyte’s own purposes or to forward it to third parties. All data remains in possession of the customer. In order to consult the details of data protection, please visit Kompyte data protection policy.
Customer agrees that Kompyte may use Customer’s name and logo in presentations, marketing materials, customer lists, financial reports and Web site listings of customers. If Customer wishes to use Kompyte’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features (“Brand Features”), Customer may do so, so long as such use is in compliance with this Agreement.
You acknowledge and agree that any feedback, including but not limited to suggestions, comments, ideas, or other information, provided by you in the form of email or other submissions (collectively, “Feedback”) to us is non-confidential and you hereby grant Kompyte, its affiliates, subsidiaries, successors, and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sub-licensable right to use such Feedback for any purpose without any compensation or attribution to you.
14.- Force majeure.
Kompyte is not liable for any failure or delay in the performance of any of its contractual obligations caused by events beyond their control and will (force majeure). Force majeure is considered to be any unforeseeable and exceptional situation or event independent of the will of the contracting parties and in particular (without limitation) the following: Strikes, lockouts, trade disputes or labour troubles. Civil commotion, riot, invasion, terrorist attacks or threats of terrorist attacks, war (declared or not), or threat of war. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters. Inability to use the networks of public or private telecommunications, and laws, decrees, regulations or restrictions of any government.
The hyperlinks contained in www.kompyte.com can direct to third parties’ websites. Kompyte is not responsible for the content, information or services that may appear on those sites, Kompyte only has information purposes and in no case imply respect, acceptance or endorsement between Kompyte and the persons or entities holding such contents or the sites where they are.
16.- Partial invalidity or revocation.
If any provision of these Terms and Conditions is held invalid, the remaining provisions remain in full force, taking into account the aim of the parts and the purpose of these General Conditions.
17.- Non-renouncement to rights.
The Kompyte non-exercise of any right under these Terms and Conditions must not be construed as a waiver of such right, unless express waiver by Kompyte side or statute of limitations applicable in each case.
18.- Rights and/or obligations cession.
The user can’t assign and/or transfer the rights and obligations relating to these Terms and Conditions or to the services acquisition through www.kompyte.com without Kompyte’s express prior consent.
All communications between Kompyte and the user relating to these Terms and Conditions or acquiring the services through www.kompyte.com, will be conducted by electronic means and in accordance with the procedures of communication laid down in these Terms and Conditions for each case. For information regarding assumptions that are not specifically covered by these General Conditions, you should contact [email protected]
20.- Integrity of the present general Terms and Conditions.
The present general Terms and Conditions constitute the express and sole will between the user and Kompyte related with the services provided by Kompyte. These general Terms and Conditions don’t invalidate any other kind of contract that the parties could be established between themselves reached in advance or after the acceptance of these general Terms and Conditions. In this case, the performance of the services has to be made in writing and by mutual agreement between the user and Kompyte.
21.- Modification of the general Terms and Conditions.
Kompyte reserves the right to make changes as necessary and without notice under the general Terms and Conditions. The changes will be included in www.kompyte.com. Please, be aware of the changes made in this section of the web. The changes (unless they are considered as positive for the user) does not affect retroactively to contracts and agreements previously established between the user and Kompyte. In the case that the changes affected (specially in price conditions) the user in a negative way, these possible changes have to be immediately communicated by writing to the user, in a way that the part can prove that the user has been informed about these changes.
22.- Applicable law and venue.
These general Terms and Conditions and the use of the web and Kompyte services will be governed by and construed in accordance with the laws in California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these general Terms and Conditions or your use of the web and Kompyte services will be filed only in California and the user hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these general Terms and Conditions, the use of the web and/or the use of any of Kompyte services.
23.- Questions and complementary information
Questions, comments, and any other correspondence regarding Kompyte’s site or any of its services should be directed to us to the following email address: [email protected] Last Updated: Jan 4, 2019