KUY.io is the owner of the Konnect™ software-as-service platform (the “Platform”) which allows individuals to purchase and manage licenses for the Konnect™ software, as well as create and manage service requests to support their Konnect™ deployments (the “Services”).
The Services are available to end user employees or contractors (“Employees”) (i) whose employer or organization (“Organization”) has entered into a Master Services Agreement with KUY.io; or (ii) who have signed up for the Services individually without an Organization. KUY.io may also make some aspects of the Platform and Services available for free. By using the Services in any manner as an Employee, you represent and warrant to KUY.io that you are permitted to do so by your Organization and not in breach of any Organization policy.
1.3 Third-Party Services
. To access the free version of the Services, you still need to register for an Account but do not need to provide payment information.
After you have registered for an Account you can login using either your account credentials or through a Third-Party federated identity provider. You are responsible for all activity occurring on your Account, so please select a strong password for your Email accounts and if applicable, your password for Third-Party Federated Identity providers, as well as KONNECT.KUY.IO (should these login mechanism be offered for using the Services). Please keep your password (as applicable) secure, and do not share it with any other individual. We will not be liable for any damages caused by virtue of the compromise of your Account or password, including any unauthorized access to your Account or use of your Account or any information contained therein. Please contact us immediately if you suspect or become aware of any unauthorized use of your Account or any other breach of security.
3. USER CONTENT
All information, data, text, software, sound, images, graphics, messages or other materials, including personal information (“User Content”) transmitted to the Platform by Users is the sole responsibility of Users. This means that the User, and not KUY.io, is entirely responsible for all such material uploaded, transmitted or otherwise made available by using the Platform and Services. Users are solely responsible for obtaining all necessary consents and making all necessary disclosures required in connection with any and all User content. KUY.io does not control User Content uploaded to the Platform and as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will KUY.io be liable in any way for any User Content, including, but not limited to, any errors or omissions in any materials or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, uploaded, transmitted or otherwise made available on the Platform.
The Platform will store all User Content indefinitely (unless instructed in writing, in compliance with Privacy Regulations), but may make that content accessible for only a limited period of time.
4. USER RESPONSIBILITIES AND RESTRICTIONS
You are responsible for all activity occurring on your Account and for the compliance with this Agreement. Without limiting the generality of the foregoing, You agree that You will not:
- Use the Platform other than as permitted by this Agreement;
- Share your login information with any individual;
- Use the Platform to send, store, publish, post, upload or otherwise transmit any information in violation of any laws, rules or regulations including those relating to and privacy, or in violation of any of Your warranties, representations or obligations under this Agreement;
- License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform available to any third party;
- Use the Platform to upload, collect, transmit, store, use or process any patient information or other data: (i) that You do not have the lawful right to copy, transmit, distribute, and display (ii) for which You do not have the consent or permission from the owner of any personal health information and/or any other personal information contained therein; (iii) that is tortious, defamatory, obscene, or offensive; or (iv) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
- Use the Platform to send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
- Continue to use the Platform in a manner that interferes with or disrupts the integrity or performance of the Platform following a notice from KUY.io of such use;
- Attempt to gain unauthorized access to the Platform or its related systems or networks;
- Use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Platform;
- Use any data mining, robots or similar data gathering or extraction methods;
- Access the Platform for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Platform; or
- Copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Platform or any part thereof or otherwise attempt to discover any source code or modify the Platform, except as expressly provided for in this Agreement.
KUY.io reserves the right to terminate, limit, or suspend User access to the Platform for any User breach of these restrictions or any other violation of any other term of this Agreement.
5. LICENSE TO USER CONTENT
5.1 User Content
Except for the material that We license to you pursuant to Section 6
If You provide KUY.io with any suggestions, comments or other feedback (“Feedback”) relating to the Website or Platform, KUY.io may use such Feedback in the Website, Platform or in any other KUY.io products or services (collectively, “KUY.io Offerings”). Accordingly, You agree that: (a) KUY.io is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to KUY.io, (c) KUY.io (including all of its successors and assigns and any successors and assigns of any of the KUY.io Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any KUY.io Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from KUY.io or any of the other users of the Website or Platform.
and the privacy practices of your Organization.
6. INTELLECTUAL PROPERTY; KUY.io LICENSE
6.1 End User License
6.2 Evaluation License Grant
If You register for a free trial of the Platform, then, subject to these Terms, KUY.io grants You a limited, personal, non-transferable, non-sub-licensable, internal license to use the Platform for non-production, evaluation purposes during the applicable Trial Period. For the purposes of these Terms, “Trial Period” means the time starting from Your registration to use a free trial of the Service until the earlier of (i) the end of the free trial period for which You registered (which trial period shall be thirty (30) days unless otherwise stated on the registration page for the free trial version of the Service), or (ii) the start date of any paid subscription for the Service ordered by You. You will not be entitled to receive any support from KUY.io for Your use of a free, trial subscription for the Service. KUY.io may terminate the Trial Period for any free trial of the Service at any time in KUY.io’s sole discretion and may accept or decline any request for a free trial version of the Service in KUY.io’s sole discretion. ANY DATA YOU ENTER INTO THE FREE TRIAL VERSION OF THE SERVICE AND ANY CUSTOMIZATIONS YOU MAKE TO THE FREE TRIAL VERSION OF THE SERVICE WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A PAID SUBSCRIPTION TO THE SERVICE. YOUR DATA CANNOT BE EXPORTED FROM THE FREE TRIAL VERSION OF THE SERVICE. NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, ACCESS TO THE FREE TRIAL VERSION OF THE SERVICE IS ON AN “AS-IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND. Additional terms and conditions applicable to the free trial version of the Service may appear on the applicable registration page. Any such additional terms and conditions are incorporated into these Terms by reference.
7. TERM; TERMINATION
This Agreement will commence on the date it is entered into by You (“Effective Date”) and continue unless and until the Agreement is terminated in accordance herein. If your Organization’s subscription to the Platform or Services is terminated, you agree that this Agreement shall be terminated and you will no longer have access to the Platform.
7.2 Termination by KUY.io
7.3 Employee Departure
If an Employee User ceases to work for the Organization, the Employee User’s access to the Platform and Services shall be terminated immediately.
7.4 Effect of Termination
In the event of Termination by either Party KUY.io reserves the right to delete any information in the User Account that it is not required by law to retain.
8. IMPORTANT DISCLAIMERS
8.1 Information Disclaimer
Any information or materials provided by the Website, Platform and Services, including analytics, are for information purposes only. There is no guarantee that any of the information provided by the Website or Platform will be applicable to you and KUY.io does not make any representations or warranties about the effectiveness of any of the information and materials provided by the Website, Platform or Services. KUY.io expressly disclaims any and all liability or responsibility for any loss, harm, injury to person or property, illness, damage or any other claim arising as a result of User reliance on the information and material provided by the Website, Platform and Services.
8.2 Internet Security Disclaimer
You understand that the transmission of User Content is necessary to use of the Services. Therefore, You expressly consent to KUY.io’s storage of User Content, which will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by KUY.io. KUY.io is committed to protecting your privacy and we have safeguards in place that comply with Federal and Provincial laws, rules and regulations relative to storing personal information; however, You acknowledge and understand that User Content may be accessed by unauthorized persons when communicated across the Internet, network communications facilities, or other electronic means. KUY.io is not responsible for any User Content which is delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across public networks not owned or operated by KUY.io, including, the Internet and your local network. You agree that KUY.io is not in any way responsible for any interference with Your use of or access to the Services or security breaches arising from or attributable to the Internet and You waive any and all claims against KUY.io in connection therewith.
8.3 DISCLAIMER OF ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS
THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, KUY.io DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KUY.io SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. KUY.io DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND KUY.io SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL KUY.io BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL PLATFORMLY EVEN IF KUY.io HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KUY.io’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL OF ANY AMOUNTS PAID BY YOU TO KUY.io IN THE TWO MONTHS PRECEDING THE DATE THAT THE CLAIM WAS FIRST MADE AGAINST KUY.io (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE PLATFORMLICABLE JURISDICTION.
11. THIRD PARTY CONTENT
This Website may contain links to other websites that are not owned or controlled by KUY.io. KUY.io is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the website of a link to any non-KUY.io websites does not imply that KUY.io endorses or accepts any responsibility for the content or use of such websites, and You hereby release KUY.io from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
12.1 Enforcement of Terms and Conditions
12.4 Entire Agreement
12.5 Choice of Law
This Agreement and any action related thereto shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The Parties hereby irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting in Ottawa, Ontario.
12.6 English Language
It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.