Terms of Service

Introduction

The website www.kine.ai and/or mobile applications Kine Capsule, Kine Raise, Kine Throttle and Kine Docbots, (collectively the “platform”) is developed and owned by Kinelabs Private Limited (“we”/”our”/”us”/”Kinelabs”) a company having its registered office at Kinelabs Private Limited, No 307, 9A Cross, Jakkur Yelahanka, Main Road, Bengaluru Urban, Karnataka, India, Pincode: 560064.

These terms of service (hereinafter referred to as the “terms”) shall govern the use of the platform by any person (“customer”/”you”/”your”) accessing or using the platform operated by Kinelabs. The customer is advised to read and understand these terms and the privacy policy before accessing or using the platform.

These terms and the privacy policy are electronic documents and do not require any signatures (physical or digital) and by clicking on the acceptance button or by selecting the relevant checkbox, you shall be bound by these terms and privacy policy. Kinelabs reserves the right to update and change these terms and other policies from time to time and add or remove features to the platform that will be subject to these terms. By using the platform, you signify that you have read, understood and agreed to be bound by these terms and other policies implemented by Kinelabs from time to time.

If you are accepting on behalf of your employer or another entity, you represent and warrant that:

1. You have the full legal authority to bind your employer or such entity to these terms;
2. You have read and understood these terms; and
3. You agree to these terms on behalf of the party that you represent.

If you don’t have the legal authority to bind your employer or the applicable entity please do not click “I agree” (or a similar button or checkbox) that is presented to you.

Eligibility: Any person accessing or using the platform must have attained the prescribed minimum age to enter into a contract and should be competent to enter into a contract under applicable laws. You hereby represent that you are of legal age to form a binding contract and are not barred from receiving the services as defined hereunder, under the applicable laws.

1. Definitions

We collect the following Data to enable us to provide the services effectively:

• 1.1 “Super admin” shall mean the authorized user of a company that enters into an agreement with Kinelabs.
• 1.2 “Billing admin” shall mean the authorized user of a company who has privileges to add or update payment information associated with a company, upgrades or downgrades subscriptions associated with a company, and view all invoices associated with a company
• 1.3 “Customer” shall mean the organization that wishes to avail the service rendered by Kinelabs through the platform.
• 1.4 “Department admin” shall mean the authorized user of a company who has the privileges to invite other users to join
• 1.5 “Intellectual property” shall mean and include collectively or individually, the following worldwide rights relating to the intangible property, whether or not filed or registered:
• 1.5.1. Patents, patent disclosures, patent rights, know-how, including any continuations, continuations-in-part, divisions, reissues, re-examinations, utility, model and design patents, design rights or any extensions thereof;
• 1.5.2. Rights associated with works of authorship, including without limitation, copyrights, copyright applications, copyright registrations;
• 1.5.3. Rights in trademarks, trademark registrations, and applications, trade names, service marks, service names, logos, or trade dress;
• 1.5.4. Rights relating to the protection of trade secrets and confidential information;
• 1.5.5. Privacy and publicity rights;
• 1.5.6. Internet domain names, internet and world wide web URLs or addresses; and
• 1.5.7. All other intellectual or proprietary rights anywhere in the world including rights of privacy and publicity, whether or not requiring registration and whether or not such registration has been obtained.
• 1.6 “Service” shall mean and include all the services including the platform provided by Kinelabs.
• 1.7 “Site admin” shall mean the authorized user of a company who has the privileges to setup the tenant website by connecting Kine to the appropriate 3rd party tools and inviting the department administrators
• 1.8 “User” shall mean any employee authorized by the customer to register on the platform and to obtain the services.

2. Interpretations

• 2.1 The customer, user and Kinelabs shall together be referred to as the “parties” and in their individual capacity as a “party”.
• 2.2 Any reference to the “privacy policy” under these terms shall mean the document that enumerates the collection, processing, retention and purging of the personal data of the User by Kinelabs.
• 2.3 The words “include”, “including”, “inter alia” and “in particular” shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding words.
• 2.4 The terms ‘hereof’, ’herein’, ’hereby’, ’hereto’ and derivative or similar words, unless followed by a reference to a specific provision of these terms refer to these terms in their entirety.
• 2.5 The headings given hereunder in these Terms are for convenience and do not affect the interpretation of these terms.
• 2.6 Unless the contrary is expressly stated, no clause in these terms limits the extent or application of another clause.

3. Purpose and scope of the platform

• 3.1 Kinelabs hereby grants the customer a non-exclusive, revocable and limited right to use and access the platform and avail the services. The customer hereby agrees and accepts to use the platform only for the purpose permitted.
• 3.2 The services available to the customer are (including without any limitation)
• a) Kine is an employee value management software that connects employees productivity, performance and rewards through complete automation.
• 3.3 Kinelabs shall reserve the right at any time to reasonably modify, suspend or discontinue, permanently or temporarily, the services or any part thereof. Kinelabs shall not be held liable for any reasons whatsoever for any loss or damage that may arise due to such modification, suspension or discontinuance of the services.

4. Access and use of the platform

• 4.1 The customer must ensure the following:
• 4.1.1 Adequate security measures are placed to prevent unauthorized access or use of the platform.
• 4.1.2 The customer has the required, necessary infrastructure which is compatible with the software of the platform. Kinelabs shall not be liable in any manner whatsoever for issues that may arise due to reasons of compatibility.
• 4.2 Kinelabs shall not be held responsible for technical support or problems that may arise from or relating to any third-party systems or equipment.

5. User obligations

• 5.1 The users are solely responsible for any and all interactions with other users of the platform and the users herein agree and accept to take reasonable precautions in all interactions on the platform. The users are solely responsible for and agree to exercise caution, discretion, common sense and judgment in using the platform and disclosing information, including any personal information to other users of the platform.
• 5.2 The users are solely responsible for the use or exchange of any information, files or materials on the platform. Further, Kinelabs shall be in no manner responsible for the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said, written or transmitted by any of the Users on the platform.
• 5.3 You understand and accept that you shall be solely responsible to ensure that you meet the hardware, software and other applicable requirements specified on the kine.ai website.

6. Registration

• 6.1 You herein agree and accept that to access the services provided on the platform, you are required to register on the platform. In furtherance of the same, you are required to disclose certain information as requested by Kinelabs on the platform. The information collected by Kinelabs may be viewed at https://kine.ai/privacy-policy.html
• 6.2 In addition to the above information, you shall be requested to provide a username and password for the purpose of registration.
• 6.3 You shall ensure that the information provided for registration is accurate, updated and complete and that such information is updated from time to time.
• 6.4 You shall be solely responsible for maintaining the confidentiality of the password. Kinelabs shall not be held responsible for any loss that you may incur as a result of any unauthorized access to the platform via your account by a third party.
• 6.5 You agree that you will not permit, enable or facilitate any third party to use your account. In the event Kinelabs becomes aware of any such unauthorized access or disclosure, KineLabs shall retain the right to suspend or terminate your access to the services with immediate effect without any prior notice or refund of any kind.
• 6.6 In the event you believe that the account is no longer secure, you must immediately notify the same to Kinelabs via the contact details provided under these Terms. Kinelabs shall not be liable for any loss, damages or injuries that you may sustain as a result of accessing and using the account of another user.

7. Trial policy

• 7.1 First-time customers of the Platform shall have a trial period of thirty (30) days with free access to all the features available based on the plan that has been chosen by the customer. Access to the platform shall be discontinued upon the expiry of the trial period. In order to resume access, the customer shall subscribe to the paid version.
• 7.2 During the trial period, the customer may add up to twenty-five (25) users to the account and one (1) site admin.
• 7.3 Upon the expiry of the trial period of thirty (30) days, the users will not be able to login into their account. However, the super admin shall have access to the account for an additional thirty (30) days for the following options:
  a) Export the data
  b) Upgrade to a paid subscription plan
  c) Provide feedback on the platform
• 7.4 If a user has signed up for a free trial period using his company’s email address, the same email address cannot be used to sign up for a free trial again, within 30-180 days from the date the trial ends.
• 7.5 Extension of the free trial is not permitted under any circumstance.

8. Subscription plans

• 8.1 Kinelabs offers several subscription plans as described www.kine.ai/plans here
• 8.2 Kinelabs herein has the right to modify, suspend or discontinue the subscription plans or any part of the subscription plans (either in terms of price or features), at any time. Kindly note that although such changes shall not affect the existing accounts, any such change in the subscription plans shall be duly notified to you and the customer shall have a period of three (3) months to migrate to the new plan.
• 8.3 At the time of subscribing to one or more of our products, the customer shall be asked for credit card information. To know how we handle such data, kindly read our privacy policy available at https://kine.ai/privacy-policy.html
• 8.4 Kinelabs shall automatically renew your subscription plan, and the customer hereby authorizes Kinelabs to make the required payment on behalf of the customer via our third-party payment processing partners. This authorization shall remain in full force and effect unless the customer has disabled the automatic renewal of the subscription period in the account settings or otherwise notify Kinelabs via the contact details provided under the terms of the platform, that the customer wishes to revoke the authorization or cancel the subscription.
• 8.5 The payments shall be initiated at a frequency chosen by the customer at the time of subscription. In addition to this frequency, payments may be initiated as a number of new users are added to one or more subscriptions.
• 8.6 The amount the Customer shall be charged shall depend on the number of users that form each subscription (net of any Users who were removed from the subscription). For more information, kindly read the pricing policy under these terms.
• 8.7 The customer herein understands that the payments shall be collected in advance for the billing period selected at the time of subscription.
• 8.8 Kindly note that Kinelabs works with third-party payment processing partners to offer the most convenient payment method available and to keep the payment information secure.

9. Upgrade and downgrade policy

• 9.1 The customer shall have the right to upgrade or downgrade the current subscription plan at any time from the “Subscription Management” section of Kine. On selecting the option mentioned hereinbefore, the customer shall have the following options:
  • a) Upgrade/downgrade now
  • b) Upgrade/downgrade at the end of the current billing cycle.
• 9.2 In the event the customer wishes to downgrade the subscription plan, kindly note that there will be no refund for the amount already paid.

10. Cancellation policy

• 10.1 The customers shall have the right to cancel their subscription from the “Subscription Management” section of Kine at any point in time. In the event of cancellation, the auto-renewal feature shall be turned off, and the subscription end date shall be set to the end of the current billing cycle of the subscription plan chosen by the customer.
• 10.2 A subscription to Kine Capsule can be cancelled only when no other Kine products are subscribed to by the customer. In the event a customer has a subscription to multiple Kine products - a subscription to Raise/Throttle/Docbots must be cancelled before the subscription to Capsule is cancelled.
• 10.3 Subscription to Kine Raise, Throttle, and Docbots can be cancelled at any time.
• 10.4 Upon the customer selecting the cancellation option, the platform shall perform the following activities:
  • 10.4.1 Notify the super admin and billing admin of the cancellation and the effective date of the cancellation.
  • 10.4.2 Send the settlement bill to super admin and billing Admin and make the necessary credits/debits to the credit card - on the day the subscription ends.
  • 10.4.3 Notify all stakeholders of the cancellation in the daily digest and indicate that they will not be able to access the platform from the effective date of cancellation.
  • 10.4.4 Notify super admin that he has thirty (30) days to export data from the platform once the subscription expires.
  • 10.4.5 Notify super admin that their data will be deleted on the day the aforementioned period of thirty (30) days expires.
• 10.5 In the event of cancellation for any reason whatsoever, kindly note that there shall be no refund for the amount already paid.

11. Pricing policy

• 11.1 Subscription to the platform shall be on a “per seat” (or per user basis). The billing amount shall depend on the following:
  • 11.1.1 Per seat pricing shall depend on volumes i.e., more the number of seats lesser is the price per seat.
  • 11.1.2 Billing shall be on a pro-rata basis as and when users are added to the subscription plan. Credit shall be provided whenever users are removed from the subscription.
  • 11.1.3 Customers are billed upfront, once 5 team members are added. The balance amount for any additions or deletions shall be charged for/credited in the upcoming billing cycle.
  • 11.1.4 Any price changes shall be applicable from the next billing cycle.
    • Customers shall be provided sufficient notice of any change in price.
    • Price protection/favorable discounts made available to initial customers shall be honored via grandfathering.
  • 11.1.5 No subscription fee shall be charged for the users who belong only to the billing admin group, Super admin group, Site admin group, and department admin group. In the event these users belong to other groups they become chargeable from the date they are added to such other group (and non-chargeable from the day they are removed from the other groups).

12. Non-payment of invoice policy

• 12.1 In the event, the payment method fails and the customer still gets access to the platform, the customer herein authorizes Kinelabs to debit the requisite amount over a thirty (30) days period. If the payment does not go through for any reason whatsoever, an email alert shall be sent to the super admin and the billing admin seven (7) days before the next billing cycle is due stating access to the platform shall be blocked. However, if the invoice the adequate payment has not been received before the next billing cycle, access to the platform shall be disabled from the day the upcoming billing cycle starts.
• 12.2 The customer herein agrees and accepts that in the event Kinelabs is unable to collect the amount owed for the services as mentioned above, Kinelabs may take the steps it deems necessary to collect such amount from the customer, and the customer herein shall be responsible for all costs and expenses incurred by Kinelabs in connection with such collection activity.

13. Refund policy

• 13.1 The customer herein understands and accepts that there shall be no refunds provided to the customers for any reason whatsoever.

14. Intellectual property

• 14.1 Kinelabs shall own all the intellectual property rights subsisting or used in connection with the platform, including but not limited to the manuals, and other documentation relating thereto.
• 14.2 All titles and intellectual property rights in connection with the content transmitted, displayed or delivered by the users shall be the property of the respective content owner and may be protected by applicable laws and regulations.
• 14.3 These terms in no manner grants you any intellectual property rights in the platform nor constitute a transfer of any rights, titles or interests of the intellectual property belonging to Kinelabs unless the same has been expressly authorized by Kinelabs in writing.
• 14.4 No content, material or name including our logo shall be copied or otherwise published (through paper, electronic or any other form) by you unless the same has been permitted by Kinelabs in writing.
• 14.5 You are prohibited from marketing, selling, replicating, reverse engineering, decompiling or attempting to do any of the aforementioned to the intellectual property belonging to Kinelabs.
• 14.6 Any breach of the aforementioned clauses shall be considered as a material breach of these terms and Kinelabs shall have the right to terminate your account or access to the platform with immediate effect or seek such other legal remedies available under the law.

15. Restrictions on use

• 15.1 You and the users are hereby restricted from carrying out the following activities in any manner:
  • 15.1.1 Use the platform in any manner or for any purpose that is contrary to or in violation of the permissible use or is in violation of any applicable law or is against the established principles of morality.
  • 15.1.2 Modify or alter the whole or any part of the platform or render them incapable of full and effective use.
  • 15.1.3 Alter or remove any of the proprietary markings or content from the platform including but not limited to any logos, trademarks, information, other proprietary marks or any content present on the platform.
  • 15.1.4 Replicating, duplicating, selling, trading or offering for sale the whole or any part of the platform or any content available on the same.
  • 15.1.5 Blocking or restricting any other person’s access to the platform.
  • 15.1.6 Use any of the communication features or services for any unlawful or otherwise inappropriate use.
  • 15.1.7 Stimulate or attempt to stimulate or duplicate any of the appearance, features or functionality of the platform.
  • 15.1.8 Impersonating any other person.
  • 15.1.9 Use any of Kinelabs information or content for the benefit of any competing business.
  • 15.1.10 Do any act that may harm or injure Kinelabs, any person, entity or other users or customers.
  • 15.1.11 Falsifying any information or intentionally misleading or attempting to cheat Kinelabs.
  • 15.1.12 Modify, hack or attempt to gain unauthorized access to the platform.
  • 15.1.13 Attempt to alter the features, functions or functionality of the platform in any manner.
  • 15.1.14 Alter, reverse engineer, decompile or otherwise disseminate any of the software forming a part of the platform.
• 15.2 You and the users shall not post, publish, upload, transmit, make public or distribute any information, material or content that is or may be construed as:
  • 15.2.1 Hurtful, inciting, harmful, discriminating, defamatory, unlawful, threatening, fraudulent or misleading.
  • 15.2.2 Pornographic, obscene, vulgar, inappropriate, explicit or paedophilic.
  • 15.2.3 Any content containing any viruses, trojans, logic bombs, keystroke loggers or other harmful, disruptive or malicious programming or code.

16. Relationship between the parties

• 16.116.1 Nothing contained in this agreement shall be construed as creating a partnership, joint venture, co-ownership, agency or any employment relationship between you and Kinelabs.

17. Indemnification

• 17.1 You hereby agree and accept to indemnify Kinelabs from and against all losses, claims, costs, liabilities or expenses incurred or sustained by Kinelabs or for any suit that may be initiated by a third party whether based in claims of tort or contract (including court costs and attorney fees) that may be incurred or sustained as a consequence of the following:
  • 17.1.1 Use of the platform in a manner not expressly permitted under these terms
  • 17.1.2 Willful misconduct
  • 17.1.3 Negligence, fraud, misrepresentation, or breach of its obligations under these terms
  • 17.1.4 Breach of any of its representations and warranties under these terms
  • 17.1.5 Violation of any of the applicable laws.
• 17.2 Under no circumstances shall Kinelabs be liable for any loss of actual or anticipated revenues, profits, goodwill, an opportunity of business or for any consequential, special, incidental, exemplary, punitive or other indirect losses or damages, whether arising out of or related to these terms, including those in contract, tort (including negligence) even if such loss was foreseeable and Kinelabs had been advised of the possibility of such damages or loss.

18. Term and termination

• 18.1 These terms shall come into force and shall be binding upon your access or use of the platform and shall continue to be in force till the end of your subscription period or until terminated by either you or Kinelabs.
• 18.2 You may terminate or cancel your subscription plan by following the process outlined in these terms. Kindly note that there will be no refund provided in the event you wish to discontinue your account.
• 18.3 Kinelabs reserves the right, at their sole discretion and with immediate effect, to terminate your account and/or block or prevent access and use of the services provided on the platform in the event of any of the following:
  • 18.3.1 If you terminate or cancel your subscription plan in accordance with these terms.
  • 18.3.2 Failure or default to observe any of the Customer obligations, irrespective of whether such breach constitutes a material breach or breaches any or all terms set forth under these terms.
  • 18.3.3 If you violate or Kinelabs has reasonable grounds to believe that you may be in violation of any applicable law, rules or regulations.
  • 18.3.4 If in the opinion of Kinelabs, your action or omissions have prejudicially affected the reputation of Kinelabs in any manner whatsoever.
• 18.4 Payment obligations shall survive post-termination of this agreement.
• 18.5 Any and all rights granted by Kinelabs to you under these terms shall cease, effective immediately, on the termination of your account.

19. Third-party services

• 19.1 The platform, from time to time, may contain some links to third party websites and/or services that are not owned or controlled by Kinelabs. You shall be bound by the terms and conditions and privacy policy of such third-parties and KineLabs shall in no manner whatsoever be held liable for these policies.

20. Representations and warranties

• 20.1 You and/or the users hereby represent and warrant that:
  • 20.1.1 You and/or the users are competent to enter into this engagement and discharge all the obligations set forth in accordance with these terms.
  • 20.1.2 You and/or the users have full authority to enter into this engagement and to execute, deliver and perform all or any of its obligations under these terms.
  • 20.1.3 The information provided by you and/or the users to access and use the platform is true and updated.
  • 20.1.4 You and/or the users have not been previously suspended or removed from the platform for any reason whatsoever.
  • 20.1.5 The use of the platform complies with all applicable laws and regulations.

21. Communications

• 21.1 Kinelabs herein shall have the right to convey certain communications including but not limited to, service announcements, administrative changes and other such communications.

22. Disclaimer

• 22.1 Kinelabs does not guarantee that the platform is error-free or will operate without interruption.
• 22.2 Kinelabs makes no express warranties to the users regarding the platform. It is being provided to the Users on an “as is” basis without warranty of any kind. Kinelabs disclaims all warranties concerning the Services that are provided, express or implied, including without limitation, any implied warranties of fitness for a particular purpose, merchantability, merchantable quality or non-infringement of third-party rights.
• 22.3 Kinelabs shall not be held responsible if the platform fails to function due to any reasons attributable to the users including without limitation non-adherence to the terms or failure to follow any instructions provided by Kinelabs.
• 22.4 No oral or written information or advice provided by Kinelabs, its distributors, agents or employees shall create a warranty or in any way increase the scope of any warranty not expressly provided herein.

23. Privacy policy

• 23.1 Kinelabs herein shall have the right to convey certain communications including but not limited to, service announcements, administrative changes and other such communications.

24. Amendments or modifications

• 24.1 Any amendment or modification to these terms shall be duly notified to the you and/or the users via a notification on the platform. By continuing to use our platform after any such changes, you and/or the users herein accept these terms as modified.

25. Waiver and severability

• 25.1 Any failure or delay to exercise a right or remedy shall not be construed as a waiver by either of the parties unless such a waiver is expressly set forth in writing.
• 25.2 Any provision of these terms that is declared null, void or unenforceable shall be ineffective only to that extent and the remaining provisions shall be binding on both the parties.

26. Force majeure

• 26.1 For the purposes of these terms, force majeure shall mean without limitation, any event, beyond the control of the parties which prevents either party from fulfilling any of the obligations under these terms, including but not limited to Act of God, (including fires, earthquakes, floods or other natural calamities), epidemics, pandemics, change in law, war, hostilities, invasion, rebellion, strikes, lockouts, nuclear explosions, revolution or riots.
• 26.2 Neither party shall be responsible for any breach or non-performance of these terms if such breach or non-performance was the result of a force majeure event.

27. Arbitration, governing law and jurisdiction

• 27.1 In the event of any disputes or claim arising with respect to these terms, the parties shall first attempt to resolve the same amicably through discussions.
• 27.2 In the event that the parties are unable to solve the disputes or claims in an amicable manner, the parties shall attempt to resolve the same through arbitration in accordance with the laws of India as amended from time to time. The arbitrator shall be appointed by Kinelabs and you and/or the users hereby consent to the same. The seat for such arbitration shall be in Bangalore and all arbitration proceedings shall be in English.
• 27.3 These terms shall be governed by and construed in accordance with all applicable laws of India and the courts at Bangalore, Karnataka shall have exclusive jurisdiction over any matter arising out of these terms.

28. Assignment

• 28.1 You and/or the Users may not assign or transfer any rights, obligations or interests hereunder, by operation of law or otherwise, without the prior written consent of KineLabs. Any attempt by you to assign or transfer any of the rights, obligations or interests under these terms, without such consent, will be null and void. Kinelabs may assign or transfer such rights, interests or obligations, at its sole discretion, without restriction.

29. Entire agreement

• 29.1 These terms, privacy policy and any other additional terms implemented by Kinelabs from time to time in writing represents the complete agreement entered into between the you and/or the users and Kinelabs and supersedes all prior agreements, negotiations, representations and discussions whether made orally or in writing affected by the parties in that regard.

30. Survival

• 30.1 If you or Kinelabs terminate your access to the platform or your account, the clauses of these terms which should reasonably survive the termination of these terms shall remain in effect.

31. Contact us

31.1 In case of any complaint, dispute or queries regarding these terms, please contact Kinelabs through the information provided below. Kinelabs shall undertake all reasonable efforts to address the user’s queries or grievances at the earliest opportunity.

Address: Kinelabs Private Limited, No 307, 9A Cross, Jakkur Yelahanka, Main Road, Bengaluru Urban, Karnataka, India, Pincode: 560064

Email: info@kine.ai