Terms and conditions
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us.
These Terms of Use (the "Terms") are a binding contract between you and Kittybiotechnologies ("Kittybiotechnologies," "we" and "us"). You must agree to and accept all of the Terms, or you don't have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time. But if we do, we will notify you in advance in the email you provided. If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
You may be required to sign up for an account, and select a password and user name (Username), and provide a valid email.You, and not Kittybiotechnologies, have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all your User Submissions. You agree that you will not (and will not permit others to) violate any agreement with or rights of any third party (including your current and former Institutions) or, use or disclose at any time any third party’s confidential information or intellectual property in connection with your use of the Services. If Kittybiotechnologies receives any notice or claim that any of your User Submissions, or activities hereunder with respect to any User Submission, may infringe or violate rights of a third party (a “Claim”), Kittybiotechnologies may (but is not required to) suspend activity hereunder with respect to such User Submission and you shall indemnify Kittybiotechnologies from all liability, damages, settlements, attorney fees and other costs and expenses in connection with any such Claim, as incurred.
You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Username a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You're responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including Kittybiotechnologies's) rights.
You understand that Kittybiotechnologies owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply — they do!
Anything you post, input, upload, share, store, or otherwise provide through the Services is your "User Submission." Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.
For all User Submissions, you hereby grant Kittybiotechnologies a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only — your ownership in User Submissions is not affected.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a "Public User Submission"), then you grant Kittybiotechnologies the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Kittybiotechnologies users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Kittybiotechnologies business, provided that Kittybiotechnologies will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide.
Finally, you understand and agree that Kittybiotechnologies, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
The Services may contain links or connections to third party websites or services that are not owned or controlled by Kittybiotechnologies. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Kittybiotechnologies is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.
Kittybiotechnologies has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Kittybiotechnologies will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Kittybiotechnologies shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Kittybiotechnologies is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Kittybiotechnologies, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
We're always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Kittybiotechnologies reserves the right to require payment of fees for certain or all Services. Please refer to our pricing page for details on our plans and pricing information. Kittybiotechnologies reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Kittybiotechnologies website. You shall pay all applicable fees, as described on the Website in connection with such paid Services selected by you, or as invoiced by Kittybiotechnologies pursuant to these Terms or a separate written agreement entered into between you and Kittybiotechnologies.
You're free to do that at any time, by contacting us; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
Kittybiotechnologies is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Kittybiotechnologies has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law, these Terms, and any other agreements to which you’re subject), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of Kittybiotechnologies.
If you have deleted your account by mistake, contact us immediately at our support, we will try to help, but unfortunately, we can't promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Warranty Disclaimer. Neither Kittybiotechnologies nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY KITTYBIOTECHNOLOGIES (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL KITTYBIOTECHNOLOGIES (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNTS PAID BY YOU TO KITTYBIOTECHNOLOGIES IN CONNECTION WITH THE SERVICES, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.
Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Kittybiotechnologies, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Kittybiotechnologies's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Kittybiotechnologies may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Kittybiotechnologies agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Kittybiotechnologies, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Kittybiotechnologies, and you do not have any authority of any kind to bind Kittybiotechnologies in any respect whatsoever. You and Kittybiotechnologies agree there are no third party beneficiaries intended under these Terms.
Any User Submission, or any data generated, posted or otherwise visible should be use only for research and never for any kind of treatment, diagnosis or similar.
Public projects term and conditions
By creating a public project you are apcepting others terms and conditions on top of the generals Terms and conditions (listed above), if you dont accept this terms and conditions, them do no create or upload User Submission to public projects and this terms will no apply.
This new terms and conditions are complementary to the generals listed above, them if we want to modify or change them we only have the obligations listed above.
You are aceppting that all your User Submissions are yours, or you have the permission of their respective copyright holders, and by creating a User Submission to a public project, you are licencing the Submissions or any generated data by our tools to Kittybiotechnologies under the Apache 2.0 license. When you change configuration from a private project into a public, them you also acknowledge that you have all the permissions to license all User Submissions or any generated data by our tools in the project to us under the same license.
Public projects term and conditions were desing to prevent the abuse of our systems and pricing offers so, by contacting us, we will be happy to negociate changes for your public projects terms and conditions; New negociated public terms and conditions will only be granted in a written form, and only granted to certanin projects and not to users. This changes will only affect future User Submissions to the granted project.
Privacy Policy
we will provide you with clear, detailed, and easy-to-understand information about Kittybiotechnologies’s privacy practices and how we process information about you, that directly identifies you, or that makes you identifiable (“Personal Information”) when you use the Kittybiotechnologies Application Services (the “Services”) or when you visit our websites, such as kittybiotechnologies.com (the “Sites”) or when you are our business contact.
This Privacy Policy applies where Kittybiotechnologies is the “data controller” and is generally responsible for and controls the processing of your Personal Information collected through our Site, the Services and about our general business contacts.
This Privacy Policy does not apply in the following scenarios:
We collect or reserve the right to collect information by the following means:
A cookie is a piece of data contained in a very small text file that is stored in your browser or elsewhere on your hard drive. Cookies allow Kittybiotechnologies to identify your device as you navigate our Sites. This makes navigating and interacting with our Sites more efficient, easy and meaningful for you. By themselves, cookies do not identify you specifically. Rather, they recognize your web browser. So, unless you identify yourself specifically to Kittybiotechnologies, we don’t know who you are just because you visited our website. Kittybiotechnologies uses both session and persistent cookies. Session cookies are cookies that disappear from your device or browser when you turn off your computer. Persistent cookies stay on your device even after you’ve turned it off.
We use Cookie Data to understand how you are using the Sites and which pages and features of the website are most popular. This information ensures our Sites are able to operate and helps us understand how we can improve our Sites and Services, track performance of our advertisements, and better market to you. We may also collect publicly available information about you that we have gathered through services like LinkedIn. We use this information to help understand our customer base better and to reach out to potential customers.
Kittybiotechnologies also uses web beacons to gather data about your use of our Site and how you interact with emails we have sent to you. Web beacons are clear electronic images that can recognize certain types of data on your computer, like when you view a particular website tied to the web beacon, and a description of a website tied to the web beacon. Additionally, we may put web beacons in marketing emails that notify us when you click on a link in the email that directs you to a Kittybiotechnologies website. We use web beacons to operate and improve our Sites, Services and email communications to you.
This section describes the purpose for which your Personal Information is processed by Kittybiotechnologies, and where required in certain regions such as Europe, also the legal basis for that processing.
Kittybiotechnologies will store the Personal Information we collect about you for no longer than necessary for the purposes in which it was collected. The criteria used to determine the period for which we store Personal Information varies depending on the legal basis under which we process that Personal Information:
We may need to apply a “legal hold” that retains information beyond our typical retention period where we face threat of legal claim. In that case, we will retain the information until the hold is removed, which typically means the claim or threat of claim has been resolved. In all cases, in addition to the purposes and legal bases, we consider the amount, nature and sensitivity of the Personal Information, as well as the potential risk of harm from unauthorized use or disclosure of your Personal Information.
In order to provide our Services, deliver our Sites and conduct our activities described in this Privacy Policy, we may share your Personal Information with the following third parties:
You have the following options and other ways to reach out to us to make choices about how your Personal Information is processed:
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. In some scenarios we may need to verify your identity to protect your Personal Information.
We do not knowingly collect or solicit Personal Information from anyone under the age of 18. If you are under 16, please do not attempt to register for the Services or send any information about yourself to us. If we learn that we have collected Personal Information from a child under age 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us Personal Information, please contact us.
Kittybiotechnologies employs technical, organizational and physical safeguards designed to protect the Personal Information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the absolute security of your Personal Information.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a complex password that nobody else knows or can easily guess, and keeping your login credentials private and secure.
Please note that we may collect and use your Personal Information to detect, prevent, or investigate security incidents, fraud, or abuse and misuse of our platform and services.
We may change this Privacy Policy from time to time, and if we do, the most current version will be available. These changes might be minor, such as updating an address or fixing a typo, or they may be material, such as changes that affect your rights. If we make material changes to this Privacy Policy that affect your rights, we will notify you by placing a notice on the Kittybiotechnologies website, by sending you an email, and/or by some other means as required by applicable law.
End-User License Agreement
Definitions:
1.1 "Kittybiotechnologies Data" means all data generated by the Kittybiotechnologies System, including without limitation, service and usage data. For clarity, Benching Data excludes Customer Data and Output.
1.2 "Kittybiotechnologies System" means the software-as-a-service service made available to Customer by Kittybiotechnologies, which are hosted on servers under the control or direction of Kittybiotechnologies and provided for Customer to access and use via the internet, including any derivatives, improvements, enhancements and/or extensions related thereto.
1.3 "Confidential Information" means any information disclosed by either party to the other party pursuant to this Agreement that is (a) is in written, graphic, machine readable or other tangible form and is marked "Confidential," "Proprietary" or in some other manner to indicate its confidential nature, or (b) in the case of oral or visual disclosure is identified as confidential at the time of disclosure, or (c) under the circumstances should in good faith be considered to be confidential. Confidential Information includes, without limitation, information related to: research, product plans, products, developments, inventions, processes, designs, markets, business plans, agreements with third parties, services, customers, marketing or finances of either party, the content or existence of any negotiations, and pricing. Notwithstanding the foregoing, all technology or proprietary information underlying the Kittybiotechnologies Data and Kittybiotechnologies System shall be deemed Confidential Information of Kittybiotechnologies without any need for designating the same as confidential or proprietary; Customer Data shall be deemed Confidential Information of Customer without any need for designating the same as confidential or proprietary.
1.4 "Customer Data" means any data or other content or information provided by or on behalf of Customer to Kittybiotechnologies via the Kittybiotechnologies System, including any Output.
1.5 "Intellectual Property Rights" means all rights of the following types, under the laws of any jurisdiction worldwide: (a) rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights; (b) trade secret rights; (c) patent and industrial property rights; (d) other proprietary rights of every kind and nature; and (e) rights in or relating to registrations, renewals, extensions, combinations, divisions, and reissues of, and applications for, any of the above.
1.6 "Output" means the report(s) generated directly from Customer Data via the Kittybiotechnologies System, excluding the templates of such reports.
Access. Subject to Customer's full compliance with all the terms and conditions of this Agreement, Kittybiotechnologies will provide Customer with access to the Kittybiotechnologies System in accordance with this Agreement solely for Customer’s use of the Kittybiotechnologies System for personal purposes. Kittybiotechnologies may in its sole discretion modify, enhance or otherwise change the Kittybiotechnologies System. Kittybiotechnologies may delegate the performance of certain portions of the Kittybiotechnologies System to third parties, including Kittybiotechnologies's wholly owned subsidiaries and providers of hosting services.
Passwords. Kittybiotechnologies reserves the right to periodically change issued passwords. Kittybiotechnologies will provide prompt notice to Customer of any such password changes.
Equipment. Customer will be responsible for obtaining and maintaining at its expense all the necessary computer hardware, software, services, modems, connections to the internet and other items operated or provided by third parties ("Third Party Services") as required for Customer's access and use of the Kittybiotechnologies System via the internet. Kittybiotechnologies is not responsible for the operation of any Third Party Services nor the availability or operation of the Kittybiotechnologies System to the extent such availability and operation is dependent upon Third Party Services. Kittybiotechnologies does not make any representations or warranties with respect to Third Party Services or any third party providers.
Access. Customer shall only use his/her personal email address not associated with your employment or research relationship with any entity to sign up for Kittybiotechnologies’s System under this Agreement. Customer will be responsible for maintaining the security of Customer account, password(s) and files, and for all uses of Customer account with or without Customer's knowledge or consent. Customer acknowledges and agrees that Customer’s use of an email address associated with such an entity for the Kittybiotechnologies System constitutes Customer’s acceptance that such use shall only be for, on behalf of, or in connection with Customer’s work or responsibilities for such entity, and not for Customer’s own personal purposes, and such use shall be governed by a separate written agreement entered into by such entity with Kittybiotechnologies (the “Enterprise Agreement”) or in the absence of the Enterprise Agreement, the Terms of Use
Unauthorized Use. Customer will use reasonable efforts to prevent any unauthorized use of the Kittybiotechnologies System, Kittybiotechnologies Data or the Software, and will promptly notify Kittybiotechnologies in writing of any unauthorized use that comes to Customer's attention and provide all reasonable cooperation to prevent and terminate such use.
Terms of Use; Privacy Policy. Customer further acknowledges, agrees to and is bound by Kittybiotechnologies’s Terms of Use and Privacy Policy, And when applicable, Terms of Use of Public Projects
License to Customer. Subject to Customer's full compliance with all the terms and conditions of this Agreement, Kittybiotechnologies hereby grants Customer a limited, non-exclusive, non-transferable license, without right of sublicense, during the Term, to access and use the Kittybiotechnologies System solely for Customer’s own personal purposes.
Customer Data Usage. Customer hereby grants Kittybiotechnologies a license to use Customer Data and Output for the sole purposes of: (a) providing the Kittybiotechnologies System and related services to Customer as set forth in this Agreement; (b) testing, improving, and providing Kittybiotechnologies's products and services (solely in aggregated and anonymized form and in a manner that does not disclose Customer Data, Output or other Confidential Information of Customer); and (c) enforcing its rights under this Agreement.
License Restrictions. Customer shall not, and shall not permit any third party to: (a) decompile, disassemble or reverse engineer the Kittybiotechnologies System, or otherwise attempt to discover the source code, object code, logic, process or underlying methodology, structure, ideas or algorithms of the Kittybiotechnologies System, or related trade secrets, or any software, documentation or data related to the Kittybiotechnologies System ("Software"); (b) use the Kittybiotechnologies Data or Kittybiotechnologies System (or any portion thereof) for, on behalf of, or in connection with any employer, client, pharmaceutical company, institution, university, lab, or any other entity; (c) use the Kittybiotechnologies Data or Kittybiotechnologies System (or any portion thereof) except to the extent permitted in Section 4.1, or other than (i) in accordance with this Agreement and (ii) in compliance with all applicable laws and regulations; (d) modify or create any derivative work of any part of Kittybiotechnologies Data or Kittybiotechnologies System (or any portion thereof); (e) market, sublicense, publish, distribute, reproduce, resell, assign, transfer, rent, lease, loan, or otherwise permit third parties to use the Kittybiotechnologies Data or Kittybiotechnologies System (or any portion thereof); (f) use the Kittybiotechnologies Data or Kittybiotechnologies System (or any portion thereof) for commercial time-sharing or service-bureau use or for any purpose other than its own internal use; or (g) publish any results of benchmark tests run on the Kittybiotechnologies System.
Reservation of Rights. Kittybiotechnologies reserves all rights to the Kittybiotechnologies Data or Kittybiotechnologies System
Fees. Currently, Customer’s use of the Services under this Agreement is free. In the event that Customer selects a free plan in violation of the requirements set forth in the Terms of Use, Customer will be invoiced at the end of each calendar month for such usage, at the rate set forth on Kittybiotechnologies’s then-current Plan and Price List, and Customer agrees to pay such invoiced fees without any right of set-off or deduction. If not otherwise specified, payments will be due within thirty (30) days of Customer's receipt of an invoice from Kittybiotechnologies. All payments shall be made in U.S. dollars in immediately available funds, and are non-refundable. Any amounts not paid when due shall bear interest at the rate of one and five percent (5%) per month or the maximum rate allowed by law, whichever is less.
Taxes. Customer shall pay any sales, use, value-added, property, and other taxes, withholdings and similar charges based on or arising from this Agreement (other than taxes based on Kittybiotechnologies's net income).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KITTYBIOTECHNOLOGIES DATA OR KITTYBIOTECHNOLOGIES SYSTEM (OR ANY PORTION THEREOF) AND ALL RELATED INFORMATION, TECHNOLOGY, AND SERVICES PROVIDED BY OR ON BEHALF OF KITTYBIOTECHNOLOGIES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND KITTYBIOTECHNOLOGIES EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ADVISED OF THE PURPOSE), ACCURACY, TITLE, AND/OR NON-INFRINGEMENT. IN ADDITION, KITTYBIOTECHNOLOGIES DOES NOT WARRANT THAT ACCESS TO THE KITTYBIOTECHNOLOGIES DATA OR KITTYBIOTECHNOLOGIES SYSTEM (OR ANY PORTION THEREOF) WILL BE UNINTERRUPTED OR ERROR FREE, THAT KITTYBIOTECHNOLOGIES DATA OR KITTYBIOTECHNOLOGIES SYSTEM (OR ANY PORTION THEREOF) WILL MEET CUSTOMER'S NEEDS, OR THAT DATA WILL NOT BE LOST, OR THAT THE KITTYBIOTECHNOLOGIES DATA OR KITTYBIOTECHNOLOGIES SYSTEM (OR ANY PORTION THEREOF) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Term. This Agreement shall commence on the date of Acceptance by Customer, until terminated by either party pursuant to this Agreement.
Termination. Either party may terminate this Agreement on thirty (30) days' prior written notice to the other party with or without cause. Kittybiotechnologies may suspend or terminate Customer's free access to the Kittybiotechnologies System immediately at any time upon notice to Customer for any breach of this Agreement by Customer.
IN NO EVENT WILL KITTYBIOTECHNOLOGIES (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR DATA USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY RELATED TO THE PROCUREMENT OF SUBSTITUTE GOODS. THE FOREGOING LIMITATIONS FORM AN ESSENTIAL BASIS FOR THIS AGREEMENT AND SHALL SURVIVE REGARDLESS OF THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE.
Kittybiotechnologies's Ownership Rights. Subject only to the limited license expressly granted under this Agreement, as between Kittybiotechnologies and Customer, Kittybiotechnologies shall retain all right, title, and interest in and to the Kittybiotechnologies Data or Kittybiotechnologies System (and all portions thereof) (excluding the Customer Data), and all Intellectual Property Rights therein. Nothing in this Agreement will confer on Customer any right of ownership or interest in the Kittybiotechnologies Data or Kittybiotechnologies System (or any portion thereof) (excluding the Customer Data), and all Intellectual Property Rights therein. To the extent Customer has or obtains any right, title, or interest in the Kittybiotechnologies Data or Kittybiotechnologies System (or any portion thereof) (excluding the Customer Data), or any Intellectual Property Rights therein, Customer hereby assigns, and agrees to assign, without further consideration, to Kittybiotechnologies all such right, title, and interest Customer may have or obtain.
Customer's Ownership Rights. Subject only to the limited license expressly granted hereunder, as between Customer and Kittybiotechnologies, Customer shall retain all right, title and interest in and to the Customer Data and Output, and all Intellectual Property Rights therein. Nothing in this Agreement will confer on Kittybiotechnologies any right of ownership or interest in the Customer Data, or the Intellectual Property Rights therein. Notwithstanding the foregoing, Customer acknowledges and agrees that if Customer uses the Kittybiotechnologies System for, on behalf of, or in connection with any entity, such entity may have certain rights over the Customer Data and Output (such as the right to access, edit, export, or delete, or right to grant access to third parties) and may request Kittybiotechnologies to transfer the Customer Data and Output for which it has rights from Customer’s Personal Account over to such entity. Customer further acknowledges and agrees that Customer may be subject to any agreement Customer has entered into with such entity, and such agreement and/or such entity, not this Agreement or Kittybiotechnologies, decides and controls what rights such entity may have over Customer’s Customer Data and Output.
Feedback. Either party may voluntarily provide feedback, suggestions, ideas, enhancement requests, recommendations or other information (the "Feedback") to the other about the other party's Confidential Information and/or products and services. Each party shall be free to use or exploit the Feedback provided to it without further consideration or compensation to the other party.
Each party shall treat as confidential all Confidential Information of the other, shall not use such Confidential Information except as set forth in this Agreement, and will not disclose such Confidential Information to any third party except as expressly permitted herein without the disclosing party's written consent. The receiving party shall use at least the same degree of care which it uses to prevent the disclosure of its own confidential information of like importance to prevent the disclosure of the disclosing party's Confidential Information, but in no event less than reasonable care. The receiving party shall promptly notify the disclosing party of any actual or suspected misuse or unauthorized disclosure of any of the Confidential Information. In the event of any termination or expiration of this Agreement, each party will either return or, at the disclosing party's request, destroy the Confidential Information of the other party; provided however, that each receiving party may retain copies of the disclosing party's Confidential Information for routine backup and archival purposes.
Other than for payment of money, a party shall be excused from any delay or failure in performance hereunder due to any labor dispute, government requirement, internet congestion or breakdown, or any other cause beyond its reasonable control.
The relationship between the parties shall only be that of independent contractors. Neither party is an agent, representative, partner, employer, or employee of the other party, and neither party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.
Customer shall not assign nor transfer any of its rights, obligations or benefit under this Agreement to any third party without the prior written consent of Kittybiotechnologies, except that Customer may transfer the Customer Data and Output (or portion thereof) to an entity that has an Enterprise Agreement with Kittybiotechnologies. Kittybiotechnologies may freely assign or transfer this Agreement without consent of Customer. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns. This Agreement (including the Terms of Use and Privacy Policy referenced herein) is the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior agreements, and all prior and contemporary proposals and discussions relating to the subject matter of this Agreement, and controls over the preprinted terms of any purchase order or similar document. Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or different kind. All waivers under this Agreement must be in a writing executed by a duly authorized representative of each of the parties. If any provision of this Agreement is determined to be unenforceable, that provision will be replaced with the valid one that most closely achieves the parties' intent and the remainder of this Agreement will remain enforceable. Kittybiotechnologies reserves the right to change the terms of this Agreement at any time upon prior notices to Customer. Customer may opt out of the changes within 30 days after the notice, in which event Customer may not be able to use certain updated features of the Services. Customer's continued use of the Services after the 30-day period shall constitute its acceptance of the changes. Except for changes by Kittybiotechnologies as described here, no other amendment or modification of this Agreement will be effective unless in writing and signed by both parties.
Acceptable Use Policy
No Inappropriate Content or Users. Do not use the Services to transmit or store any content or communications (commercial or otherwise) that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public.
Prohibited Activities. Do not use the Services to engage in or encourage any activity that is illegal, deceptive, harmful, violating others’ rights, or harmful to Kittybiotechnologies’s business operations or reputation, including:
No Service Integrity Violations. Do not violate the integrity of the Services, including:
You agree to immediately report any violation of this AUP to Kittybiotechnologies and provide cooperation, as requested by Kittybiotechnologies, to investigate and/or remedy that violation.
Miscellany
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