Terms & Conditions – Kinnetik Solutions AS
We are pleased that you have chosen Kinnetik. We provide Services for the Maritime Industries. By signing up or otherwise use any of the Services directly or through a third party, you are entering into a binding contract with Kinnetik.
Your agreement with us includes these Terms and Conditions and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on our website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the text, then you may not use the Services.
In order to use the Services, you need to have the power to enter a binding contract with Kinnetik and not be barred from doing so under any applicable laws. You also promise that any information that you submit to us is true, accurate, and complete, and you always agree to keep it that way.
2. CHANGES TO THE AGREEMENTS
Occasionally we may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Services, implementing advancements in science and technology, and reasonable technical adjustments to the Services, ensuring the operability or the security of the Services, and for legal or regulatory reasons. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Services or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Services after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Services under the new version of the Agreements, you may terminate your account by contacting us.
You can find a description of our Services on our website. Certain Services are provided to you free-of-charge. The Services that does not require payment are currently referred to as the “Free Services”. Other Services require payment before you can access them (the “Paid Subscriptions”). We reserve the right to modify, terminate or otherwise amend both our Free Services and our Paid Subscriptions in accordance with these Terms and Conditions.
4. PAYMENTS AND CANCELLATIONS
You may purchase a Paid Subscription directly from Kinnetik or through a third-party by paying a subscription fee in advance on a monthly or yearly basis or some other recurring interval disclosed to you prior to your purchase.
Kinnetik may change the price for the Paid Subscriptions, including recurring subscription fees, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
Your Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. If you purchased the Paid Subscription through a third-party you must cancel the Paid Subscription directly with that-third party. The cancellation will take effect the day after the last day of the current subscription period. If you purchased your Paid Subscription through Kinnetik and you cancel your payment or Paid Subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us.
5. USING OUR SERVICES
The Services and the Content are the property of Kinnetik. We grant you limited, non-exclusive, revocable permission to make use of the Services, and limited, non-exclusive, revocable permission to use the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Kinnetik. You promise and agree that you are using the Services and Content in accordance with the Agreements and that you will not redistribute or transfer the Services or Content. The Services and the Content are not sold or transferred to you, and Kinnetik always retain ownership of all copies of the Services and Content.
All Kinnetik’s trademarks, service marks, trade names, logos, domain names, and any other features of the Kinnetik brand are the sole property of Kinnetik (Kinnetik Brand Features). The Agreements do not grant you any rights to use any Kinnetik Brand Features whether for commercial or non-commercial use. You agree to abide by our User guidelines and not to use the Services, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Kinnetik grants no right, title, or interest to you in the Services or Content. Third party software (for example, open source software libraries) included in the Services are made available to you under the relevant third-party software library’s license terms.
The Services are integrated with or may otherwise interact with third-party applications, software, websites, products, platforms, solutions and services (“Third-Party Services”) to make the Services available to you. These Third-Party Services may have their own terms and conditions and privacy policies, and your use of these Third-Party Services will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Kinnetik does not endorse and is not responsible or liable for the behaviour, features, or content of any Third-Party Services or for any transaction you may enter into with the provider of any such Third-Party Services, nor does Kinnetik warrant the compatibility or continuing compatibility of the Third-Party Services with the Services.
Users may post, upload, or otherwise deliver content to the Services (which may include, for example, pictures, text, messages, information, prices, documents, descriptions and compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted, uploaded or in any way delivered to the Services.
You promise that, with respect to any User Content you post, upload or in any other way deliver to the Services, (i) you own or have the right to distribute such User Content, and (ii) such User Content, or its use by Kinnetik as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Kinnetik or any company, entity or individual without express written consent from Kinnetik or such company, entity or individual.
Kinnetik may, but has no obligation to, monitor, review, or edit User Content. In all cases, Kinnetik reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Kinnetik’s sole discretion, violates the Agreements. Kinnetik may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post, upload or in any other way deliver to the Services. Kinnetik is not responsible for User Content nor does it endorse any opinion contained in any User Content. You agree that if anyone brings a claim against Kinnetik related to User Content that you post, upload or otherwise deliver, then, to the extent permissible under law, you will indemnify and hold Kinnetik Harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.
8. RIGHTS YOU GRANT US
If you provide feedback, ideas, or suggestions to Kinnetik in connection with the Services or Content (“Feedback”), you acknowledge that the Feedback is not confidential, and you authorize Kinnetik to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Kinnetik a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Services through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
9. USER GUIDELINES
We’ve established a few ground rules for you to follow when using the Services. You must follow these rules. The following is not permitted for any reason whatsoever:
1) circumventing any technology used by Kinnetik, its licensors, or any third-party to protect the Services or the Content;
2) providing your password to any other person or using any other person’s username and password;
3) “crawling” the Services or otherwise using any automated means (including bots, scrapers, and spiders) to view, access, or collect information from Kinnetik or the Services.
Don’t engage in any activity, post, upload, or otherwise deliver any User Content, or register and/or use a username, which is or includes material that:
4) is offensive, abusive, defamatory, pornographic, threatening, or obscene;
5) is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Kinnetik or a third party;
6) includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
7) includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Services;
8) impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
9) involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar;
10) interferes with or in any way disrupts the Services, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Services or Kinnetik’s computer systems, network, usage rules, or any of Kinnetik’s security components, authentication measures or any other protection measures applicable to the Services, the Content or any part thereof;
11) conflicts with the Agreements, as determined by Kinnetik.
You acknowledge and agree that posting any User Content that violates these User guidelines (or that Kinnetik reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Access. You also agree that Kinnetik may reclaim your username where it is reasonable for us to do so, including if you have violated the Agreements.
Your password protects your account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Services. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third-party, you must notify us immediately and change your password as soon as possible.
10. SERVICE LIMITATIONS ANS MODIFICATIONS
Kinnetik will make reasonable efforts to keep the Services operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Kinnetik reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Services or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Services, or to implement advancements in science and technology or ensure the operability or the security of the Services, legal and regulatory reasons.
Notwithstanding the foregoing, if you have prepaid fees to Kinnetik for Paid Subscriptions that Kinnetik permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), Kinnetik will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Kinnetik will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Services, or to provide all or any specific content through the Services.
11. COMPANY ACCOUNTS
If you establish an account on behalf of a brand, organization, entity, or company (a “Company,” and such account a “Company Account”), the terms “you” and “your”, as used throughout the Agreements, apply to both you and the Company. If you create a Company Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Company to the Agreements.
12. SUPPORT COMMUNITY
The Kinnetik Support Community is a place for discussions and exchange of information, tips, and other materials related to the Services. By using the Kinnetik Support Community you agree to the Community Terms.
13. CUSTOMER SUPPORT
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame, but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
For customers with business-critical third-party applications, software, websites, products, platforms, solutions or services that are integrated with the Services, we strongly advise you to consider a Support Agreement with the appropriate Service Level.
14. TERM AND TERMINATION
The Agreements will continue to apply as long as you use any of our Services, Free Services or our Paid Subscriptions. However, you acknowledge and agree that the righst you grant us regarding User Content, including Feedback, is irrevocable and will therefore continue after you have stopped using our Services. Kinnetik may terminate the Agreements or suspend your access to the our Services at any time, including in the event of your actual or suspected unauthorised use of our Services and/or Content, non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you reasonable notice in advance of doing so). If Kinnetik terminate the Agreements, or if Kinnetik suspends your access to our Services, you agree that Kinnetik shall have no liability or responsibility to you, and Kinnetik will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time by stopping to use our Services. This section will be enforced to the extent permissible by applicable law. The sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
15. WARRANTY DISCLAIMER
You understand and agree that the Services are provides “as is” and “as available”, without express or implied warranty or condition of any kind. Kinnetik and all owners of the content make no representation and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither Kinnetik nor any owner of content warrants that the Services is free of malware or other harmful components. In addition, Kinnetik makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third-party applications (or the content thereof), User Content, devices or any other product or service advertised, promoted or offered by third-party on or through the Services or any hyperlinked website, or featured in any banner o other advertising and Kinnetik is not responsible of liable for any transaction between you and third-party providers of the foregoing.
No advice or information whether oral or in writing obtained by you from Kinnetik shall crate any warranty on behalf of Kinnetik.
Without limiting the foregoing, nothing in this section shall have the effect of limiting Kinnetik’s liability in the event of total or partial non-performance or inadequate performance of its essential obligation for providing the Services under the Agreements. This section applies to the fullest extent permitted by applicable law. This section does not affect your statutory rights as a Consumer.
You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Services are to uninstall any Kinnetik software and to stop using the Services. You agree that Kinnetik has no obligation or liability arising from or related to third-party applications, services or the content thereof made available through or in connection with the Services, and while your relationship with such third-party applications or services may be governed by separate agreements with such third-parties, your sole and exclusive remedy, as with respect to Kinnetik, for any problems or dissatisfaction with third-party applications or the content thereof, is to uninstall and/or stop using any such third-party application. In no event will Kinnetik, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for; Any loss or damage (including any indirect, special, incidental, punitive or exemplary, damages) which is not foreseeable. Loss or Damages is foreseeable if either it is obvious that it will happen or if, at the time of contract was made, both we and you knew it might, for any loss of use, any loss of data, any loss of business, any loss of profits or any damage to devices, to the extent you could have avoided such damage by following our advice to apply updates to the Services or Content or if such damage is caused by you failing to correctly follow installation instructions or have in place the minimum system requirements advised by us.
In all cases arising out of the use of or inability to use the Services, third-party applications, or third-party application content, regardless of legal theory, without regard to whether Kinnetik has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; the aggregated liability for all claims relating to the Services, third-party applications or third-party application content, is limited to no more than the amounts paid by you to Kinnetik during the prior twelve months in question; or non-performance or inadequate performance or delay to the obligations deriving from the Agreements cause by force majeure or any cause which is not reasonably foreseeable or beyond Kinnetik’s reasonable control. Nothing in the Agreements removes or limits Kinnetik’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence. This section applies to the fullest extent permitted by applicable law. You may have rights under applicable law in your jurisdiction which provides for remedies in addition to those set out above.
17. THIRD PARTY RIGHTS
You acknowledge and agree that the owners of the Content are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Kinnetik, and in no event shall the Agreements create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
18. ENTIRE AGREEMENT
Other than as stated in this section or as explicitly agreed upon in writing between you and Kinnetik, the Agreements constitute all the terms and conditions agreed upon between you and Kinnetik and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Please note, however, that certain aspects of your use of the Services may be governed by additional agreements. That could include, for example, access to the Services together with other Third-Party Services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
19. SERVERABILITY, WAIVER AND INTERPRETATION
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Kinnetik or any third-party beneficiary to enforce the Agreements or any provision thereof shall not waive Kinnetik’s or the applicable third party beneficiary’s right to do so. As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
Kinnetik may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Kinnetik may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.
You agree to indemnify and hold Kinnetik harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (i) your breach of the Agreements or any one of them; (ii) any User Content you post, upload or otherwise contribute; (iii) any activity in which you engage on or through the Services; and (iv) your violation of any law or the rights of a third party.
22. CHOICE OF LAW, MANDATORY ARBITRATION AND VENUE
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) you agree and are obliged to attempt to solve any dispute amicably by negotiations for a minimum of eight (8) weeks before submitting the dispute to arbitration. If the parties fail in solving the dispute in an amicable manner, the dispute shall be referred to arbitration in Oslo, Norway to be finally settled under the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time. Nothing in this clause shall prejudice the right to apply to court for interim relief to prevent the violation by the other party of any proprietary interest, or any breach of the other party’s obligations, which could cause irreparable harm to the first party. Further, you agree to the jurisdiction of the court in Oslo, Norway to resolve any dispute, claim, or controversy that arises in connection with the Services (and any non-contractual disputes/claims arising out of or in connection with them). Where permitted under the applicable law, you and Kinnetik agree that each may bring claims against the other only in you or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and Kinnetik agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
23. CONTACT US
If you have any questions concerning our Services or the Agreements, please contact us by visiting the Contact Us section of our website.
Thank you for reading our Terms and Conditions. We hope you enjoy our Services!