Terms and Conditions

Date last modified: February 1, 2021

Thanks for using Kinetisense! These terms of service (the ‘Terms’) govern your access to and use of Kinetisense (‘we’ or ‘our’) software, websites and services (the ‘Services’), so please carefully read them before using the Services.

By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, ‘you’ and ‘your’ will refer to that organization.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Kinetisense and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.

Your Info and Your Privacy

By using our Services you are entering confidential information (‘your info’). You retain full ownership to your info. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your info or intellectual property except for the limited rights that are needed to run the Services, as explained below.

We may need your permission to do things you ask us to do with your info, for example, hosting your data. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example, Microsoft, our hosting company which provides our storage space (again, only to provide the Services).

To be clear, aside from the rare exceptions we identify in our Privacy Policy no matter how the Services change, we won’t share your content with others for any purpose unless you direct us to. How we collect and use your information generally is also explained in our Privacy Policy.

You are solely responsible for your conduct, the content of your data, and your communications with others while using The Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to complete with these Terms.

We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.

Your Responsibilities

You, and not Kinetisense, are responsible to purchase and maintain the recommended computer and camera hardware.  Maintenance of the computer’s Operating System (Windows 10) is the responsibility of you and not Kinetisense.

Files and other content in the Services may be protected by the intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Kinetisense, will be fully responsible and liable for what you copy, share, upload, download, or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

You, and not Kinetisense, are responsible for maintaining and protecting all of your info. Kinetisense will not be liable for any loss or corruption of your info, or for any costs or expenses associated with backing-up or restoring any of your info.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.

Account Security

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Kinetisense of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Kinetisense, it is your responsibility to use a secure encrypted connection to communicate with the Services.

Software and Updates

Kinetisense hereby grants you a limited, non-exclusive, non-transferable, revocable license to use the Software, solely to access the Services. License terms begin on the date of installation.  The license includes access to software, cloud storage, 1 hr training session, updates, and technical support for the period that you purchased.  A License is for installation on 1 computer with 1 user.  Additional “seats” or additional computers will require additional licenses to be purchased.  Your license to use the Services is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. Our Services will update the software automatically when a new version is available.

Term Licenses

For customers that choose to go with a defined term license (1-5 year licenses), you will be given access to all updates Kinetisense makes to the Software, with the exception of new modules. New modules will need to be purchased from Kinetisense, or a Kinetisense Partner.

Lifetime Licenses

For customers that have purchased the Kinetisense Software, you will have Lifetime access to the application. Lifetime Purchasers will have access to all updates to the modules that they specifically purchased.

Lifetime License Purchasers will also need to pay for Cloud Storage after 1 year. This will be charged by usage and influenced by Microsoft Azure pricing. Estimated costs as of March 2019 would be $400USD/year.

Support

Kinetisense currently offers free online support for any Software or Hardware issues that occur when using the Kinetisense App. We also offer customizable marketing documents, user manuals, movement catalogs & ongoing email support for any questions about the Software and its usage.

Kinetisense Property and Feedback

These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us without company obligation to you. The Software and other technology we use to provide the Services are protected by copyright, and other laws of both Canada and foreign countries. These Terms do not grant you any rights to use the Kinetisense logo, domain names, or other brand features.

Acceptable Use Policy

You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Kinetisense Acceptable Use Policy.

Other Content

The Services may contain links to third-party websites or resources. Kinetisense does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under and open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

Fees and Payment for Purchased Services

Fees: You shall pay all fees for Purchased Services as specified in the billing section of the Kinetisense website, or Order Form, if applicable. We will charge You at an annual frequency, (as may be selected by You) or as otherwise specified in an invoice or Order Form, if applicable. Except as otherwise provided herein payment obligations are non-cancelable and fees paid are non-refundable.  Additional training sessions may be available at an additional cost, up to the discretion of Kinetisense.

Invoicing and Payment: You will provide Us with valid and updated credit card information. If You provide credit card information to Us, You authorize Us to charge such credit card for all Purchased Kinetisense Services. Standard subscriptions are charged in advance. Staff Member subscriptions (i.e., active staff members with more than 1 shift per month) will be charged at the end of each month of the applicable subscription period in arrears. If you add Staff Member subscriptions charges will be prorated over the remaining term of the subscription period and charged at the time you add the subscription. If You have pre-paid in advance, charges for Purchased Services will be subtracted from the pre-paid balance first, and any remaining amounts will be charged to Your credit card. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.

Overdue Charges: If any charges are not received from You by the due date, then at Our discretion, (a) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and/or (b) We may condition future subscription renewals on payment terms shorter than those specified in the Invoicing and Payment section.

Suspension of Kinetisense Service and Acceleration: If any amount owing by You under this or any other agreement for Our services is 30 or more days overdue (or 10 or more days overdue in the case of amounts You have authorized Us to charge to Your credit card), We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full. We will give You at least 7 days prior notice that Your account is overdue, in accordance with the Manner of Giving Notice section, before suspending services to You.

Payment Disputes: We shall not exercise Our rights under the Overdue Charges section or the Suspension of Kinetisense Service and Acceleration section if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

You have a 14-day refund period. Kinetisense must receive written notice within 14 days of purchase to receive a refund.  A refund, less support and training time, will be issued if training has occurred.

Termination

We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try and let you know in advance and help you retrieve data, though there may be some cases where we may suspend immediately.

Kinetisense is Available ‘AS-IS’

Though we want to provide a great service, there are certain things about the service we can?t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED ?AS IS?, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Kinetisense, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Kinetisense HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Miscellaneous Legal Terms

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY ALBERTA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR PROVINCIAL COURTS OF BRITISH COLUMBIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Kinetisense with respect to the Services, and supersede and replace any other agreements, terms, and conditions applicable to the Services. These Terms create no third party beneficiary rights. Kinetisense?s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Kinetisense may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Kinetisense and you are not legal partners or agents; instead, our relationship is that of independent contractors.

Questions or Concerns

If you have any questions or concerns regarding these terms and conditions, please send us a detailed message at [email protected] We will make every effort to resolve your concerns.

Kinetisense Inc.
Box 1334
Medicine Hat, AB, T1A 7N1
Canada