1.1 This Agreement (these "Terms of Service") is a legal contract between you, as an individual user or a legal entity representing users ("Customer," "you," or "your"), and the relevant KPIScore contracting entity ("KPIScore," "we," or "us") specified in the Contracting Entity Section. This Agreement governs your access and use of the KPIScore website, services, and products.
1.2 KPIScore provides users with a secure and accessible virtual environment in the cloud ("Services") to facilitate communication, collaboration, and creation. KPIScore may offer certain downloadable or web-based products ("Products") for Service Plan users to use alongside the Services. These Products are subject to a separate end-user license agreement. Any unauthorized copying or distribution of the Products is strictly prohibited and may result in legal action.
1.3 By accessing and using any of the KPIScore websites (including but not limited to https://www.KPIScore.ai, https://www.KPIScore.IO, or https://www.KPIScore.in), utilizing the Services, or downloading or purchasing Products, you agree to be bound by and accept these Terms of Service, including all terms and conditions referenced herein or presented on any KPIScore website.
1.4 KPIScore may update these Terms of Service occasionally. For significant changes, we will notify you beforehand through a prominent notice within the Service or via email, as outlined in Section 34. The updated terms will become effective on the date specified at the top of this page unless stated otherwise in the notification.
Please review these terms periodically for any changes. It is your responsibility to maintain accurate contact information. If you disagree with any changes, you must stop using KPIScore services and products and discontinue accessing the Website. Continued use of the Website, Services, or Products after any changes indicates your acceptance of the modified terms.
1.5 KPIScore retains the right to modify, terminate, or limit access to the Website, Services, and Products at any time and without prior notice, at its sole discretion.
2.1 You agree to use the Website, Services, and Products exclusively for your internal business purposes, adhering to these Terms of Service, all relevant laws, regulations, and accepted practices in the applicable jurisdictions. KPIScore is not responsible for any violations committed by you or a third party acting on your behalf. It is your responsibility to ensure your use of the Website, Services, and Products complies with all applicable laws, including export and import restrictions.
2.2 Your use of the Website, Services, and Products is limited to the geographical areas ("Territories") where KPIScore operates, as outlined in the Contracting Entity Section. KPIScore reserves the right to deny or terminate your access if we determine you are using these outside the designated Territories. This determination may be based on your billing address, IP address, or domain name.
By accessing or using the Website, Services, and Products, you confirm your residency in one of the specified Territories. KPIScore does not offer Services or Products to entities residing outside these Territories.
KPIScore may verify your residency and request additional documentation or information to confirm your eligibility. Failure to provide satisfactory proof may result in the termination of your KPIScore Customer Account and denial of access to the Website, Services, and Products.
2.3 You are prohibited from using any features of the Services that are illegal in the country where you reside or from which you access or use the Services.
3.1
3.2
Each Administrator is authorized to exercise their full powers independently and autonomously, in the name and on behalf of the Customer. The Administrator can be changed anytime via the KPIScore Customer Account control panel
3.3
3.4
3.5
3.6
3.7
4.1 You agree to access the Website, Services, and Products exclusively through the means provided by KPIScore or its authorized partners. You shall not use automated means to access these resources or engage in any activity that disrupts or interferes with their operation.
4.2 Additionally, you undertake:
4.3 You acknowledge that unauthorized access to your User Account may result in actions or changes being made on your behalf, and you shall be held responsible for all such activities.
4.4 You are responsible for ensuring that you, your Administrator(s), and your users comply with all terms and conditions in this Agreement. You bear full responsibility for the access and use of the Website, Services, or Products by yourself and your users. All activities conducted within your KPIScore Customer Account by your users are your responsibility, and you must guarantee their adherence to this Agreement and all applicable KPIScore policies. You, or your Administrator(s), when your identification is difficult, are liable for the actions and omissions of users granted access to your KPIScore Customer Account.
5.1 Ownership and Responsibility: You ("Customer") retain all ownership rights in and to the User Content, which includes any data, information, materials, or documents uploaded to your KPIScore Customer Account. You are solely responsible for safeguarding this User Content and acknowledge that KPIScore is not liable for any modifications, destruction, corruption, copying, or distribution of your User Content by others you have granted access.
5.2 Security of User Content: You are responsible for protecting the information on your devices by using measures like anti-virus software, updating applications, and password protection. KPIScore is not responsible for any damage incurred due to the sharing or use of corrupted User Content from other users.
5.3 Accuracy and Legality of User Content: You warrant that all User Content is and will remain accurate, up-to-date, non-infringing upon third-party rights, and lawful for you to possess, post, transmit, or display in your jurisdiction.
5.4 Personal Information and Data Protection: Refer to the "Data Protection" section for details on how KPIScore collects, uses, discloses, and stores personal information. You are responsible for obtaining all necessary consents and permissions related to the User Content and for complying with applicable laws regarding the posting and publishing any Personal Information or images of individuals, entities, or properties. KPIScore has no direct relationship with your end-users and will respond to requests to remove end-user Personal Information within thirty (30) days.
KPIScore provides support to the users in accordance with the procedures set forth in the Support Section on the Website.
7.1 Access to the rights and privileges granted in these Terms of Service is contingent upon your payment of applicable fees to KPIScore.
7.2 Payment for Services and Products shall be made at the prices agreed upon between you and KPIScore. KPIScore offers various Service Plans with different fees and functionalities, as outlined in the Pricing Section on the Website.
7.3 KPIScore does not guarantee the indefinite availability of any Service Plan and reserves the right to change fees, alter features, or transition plans to "archived" status ("Archived Plans") without prior notice, to the fullest extent permitted by law.
7.4 KPIScore may modify, restructure, or terminate any Service Plan or Archived Plan at its discretion, including discontinuing sales or support that is no longer economically viable. Your KPIScore Customer Account may be transferred from an Archived Plan to a Service Plan with comparable functionality, with fees adjusted according to the current price list. Fee changes take effect at the end of your current billing period.
7.5
7.6 Upon commercial subscription expiry, a 15-day grace period may be offered to purchase a new subscription while your account remains active. KPIScore may cancel or shorten this grace period without liability. New subscription terms commence upon the expiry of the previous term.
7.7 To continue using your account under a Free or cheaper Service Plan after subscription expiry, the Administrator must manually identify and delete any User Content incompatible with the new plan using the "Plan compatibility check" tool.
7.8 Transitions between Service Plans are subject to the Transition Rules, found at https://www.KPIScore.ai/terms/transition_rules.php. Downgrading may result in loss of User Content or features, for which KPIScore assumes no liability.
7.9 KPIScore may change prices for Services and/or Products or introduce fees for previously free offerings at any time, with at least fifteen (15) days' notice. You must cancel your subscription or terminate the Agreement if you disagree. Cancellation ends your subscription at the end of the current term without refunds for prior payments.
7.10 you consent to automatic renewal and payment through your chosen method by purchasing a subscription. You can disable automatic renewal through your account settings. If you disagree with price changes, you must cancel during the current billing period to avoid renewal at the new price.
7.11 Service and Product delivery occurs upon payment. Fees exclude taxes unless stated otherwise. You are responsible for paying applicable taxes, and the billed amount may vary due to promotions, account changes, or tax rate fluctuations.
7.12
7.13 Payment for Third Party Materials (as defined in Section 9) is made to the third party, unless stated otherwise. Your use of such materials is subject to these Terms of Service and the third party's terms of service.
8.1
8.2
8.3
8.4
8.5
9.1
KPIScore offers various additional features that can be activated or deactivated by authorized users or the Administrator. These features may be provided by KPIScore or third parties, either for an additional fee or free of charge. Using some Additional Functions may require updates to the Website or Services. By utilizing any Additional Function, you agree to comply with the corresponding rules and requirements ("Rules"), as well as all applicable laws and regulations. The Rules for each Additional Function are an integral part of these Terms of Service and can be accessed via the provided links.
9.2
9.2.1 KPIScore may provide links to external websites and third-party products or services not controlled by KPIScore, including Telephony, VMA, and services available through the KPIScore Marketplace ("Third-Party Materials"). These links are provided for your convenience, and KPIScore does not endorse the content or services offered by Third-Party Materials. You acknowledge that these Terms of Service do not grant you any rights or licenses regarding Third-Party Materials.
9.2.2
9.2.3
9.2.4
9.2.5
9.3
9.3.1
The English language version of these Terms of Service is the controlling version. Any translations provided by KPIScore into other languages are for convenience only and do not supersede the English version in any way. Your relationship with KPIScore will be governed solely by the English language version of these Terms of Service.
12.1
12.2
12.3
12.4
12.5
12.6
THIS LIMITATION OF LIABILITY APPLIES TO DAMAGES CAUSED BY:
YOU AGREE THAT NEITHER KPISCORE NOR ITS THIRD-PARTY PROVIDERS WILL BE LIABLE FOR ANY TERMINATION, SUSPENSION, INTERRUPTION, OR DELAY OF THE WEBSITE, SERVICES, OR PRODUCTS
FURTHERMORE, KPISCORE'S TOTAL LIABILITY FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING FROM A BREACH OF CONTRACT OR TORT, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO KPISCORE IN THE TWO MONTHS PRECEDING THE CLAIM, OR $1000 USD (OR $10 USD FOR FREE PLAN USERS), WHICHEVER IS LESS. THIS LIMITATION APPLIES EVEN IF YOU HAVE MULTIPLE CLAIMS.
12.7
12.8
13.1 You represent and warrant that:
13.2 You acknowledge and accept responsibility for any risks associated with the Website, Services, and Products potentially breaching the national laws of your country.
14.2 Compliance with Laws: You and KPIScore agree to comply with all applicable export controls, sanctions laws and regulations, and any other relevant laws, rules, and regulations. You must notify KPIScore immediately if you or your personnel become subject to any export control or sanctions regulations.
14.3 Access Restrictions: KPIScore reserves the right to restrict access to the Website, Services, and Products at any time, without notice or liability, to comply with applicable laws and regulations.
15.1 Notice of Infringement: KPIScore is committed to responding to valid notices of copyright infringement that adhere to applicable international intellectual property laws, including the Australian Copyright Act 1968 and, in the United States, the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been infringed on the Website, please provide the following information to KPIScore's Copyright Agent in writing
15.2 Contact Information for Copyright Agent: KPIScore's Copyright Agent can be reached at IP@kpiscore.ai
15.3 Repeat Infringer Policy: KPIScore may, at its discretion, terminate the User Accounts of individuals who have received multiple takedown notices resulting in the permanent removal of infringing User Content ("Repeat Infringers"). KPIScore reserves the right to terminate User Accounts believed to be infringing upon third-party intellectual property rights, including those of Repeat Infringers.
16.1 Limitations and Technical Constraints
16.1.1 KPIScore reserves the right, at its sole discretion and without prior or subsequent notice to the Administrator, to implement technical limitations on the Website, Services, Products, or any part thereof (including Service Plan and Archived Plan content) as deemed necessary to optimize the operation of KPIScore's services, products, equipment, and network.
16.1.2 KPIScore may, at its sole discretion and without prior notice, change, enhance, upgrade, improve, or modify the functionality of the Website, Services, and Products. Such modifications may include, but are not limited to, setting new or modifying existing usage limits (e.g., number of users, storage space, file size, pipelines, custom fields, reports), adding or removing features, introducing new modules, changing the user interface, releasing updates, fixing bugs, or making changes to comply with regulatory or statutory requirements.
16.2 Modifications, Updates, and Limitations
16.2.1 All modifications, updates, limitations, and technical constraints are determined by KPIScore in its reasonable judgment and may be implemented without prior notice.
16.3 Material Changes
16.3.1 None of the aforementioned actions shall be considered a material change to these Terms of Service by either party.
16.4 Product Updates
16.4.1 If you download the Products, they may automatically download and install updates. These updates, which may include bug fixes, enhanced functions, new software modules, or new versions, are intended to improve and further develop the Products. Your use of the Website, Services, and Products constitutes your consent to receive such updates and permission for KPIScore to deliver them to you.
17.1 User-Generated Content
The Website may contain pages or sections that are editable by and accessible to all visitors, including but not limited to forums, chats, guestbooks, and comments ("Publicly-Edited Sections"). Users are advised to exercise caution when disclosing Personally Identifiable Information (PII) in Publicly-Edited Sections, as it may be viewed by third parties. The use of PII contained in Publicly-Edited Sections is governed by the Privacy Policy.
17.2 Moderation and Removal
KPIScore reserves the unilateral right to modify and/or delete, at its sole discretion, any message submitted to the Publicly Edited Sections, at any time and for any reason, including but not limited to material that, in KPIScore's judgment:
18.1. The use of the Website, Services, and Products is restricted to lawful purposes only. You are prohibited from using the Website, Services, and Products in any manner that is unlawful, violates these Terms of Service, or could interfere with, disrupt, impair, or overburden the operational functionality of the Website, Services, or Products. Additionally, your use should not adversely affect the ability of any third party to utilize the Website, Services, and Products.
18.2. You expressly agree not to:
a. Employ any software that intercepts, extracts, or collects data from or through the Website, Services, and Products.
b. Engage in or facilitate any attack on KPIScore servers or disrupt its connectivity, violating applicable criminal and civil laws. KPIScore will seek legal redress and compensation for damages from any individual involved in such actions to the fullest extent of the law.
c. Post, transmit, or disseminate any content that is defamatory, libelous, obscene, harassing, threatening, inflammatory, abusive, racist, deceptive, or fraudulent; promotes illegal or harmful activities; discriminates based on race, gender, religion, nationality, disability, sexual orientation, or age; or infringes on intellectual property or the rights of third parties.
d. Upload, distribute, or execute any software or file designed to damage or hijack the operation of any hardware, software, or telecommunications equipment, including but not limited to viruses, worms, Trojan Horses, time bombs, web bugs, spyware, malware, and other destructive or disruptive components.
e. Impose an excessive burden on the infrastructure of the KPIScore systems and networks or interfere with the operational performance of the KPIScore services and products.
f. Use the Website, Services, and Products for spamming, fraudulent schemes, phishing, chain letters, pyramid schemes, or engaging in unethical marketing practices.
g. Illegally collect or attempt to collect personal or financial information from other users. h. Perform any action that could cause harm or losses to third parties or violate the rights of third parties.
18.3. Violations of these Terms of Service or any abusive or inappropriate use of the KPIScore platform as determined by KPIScore may result in the removal of content, suspension, or termination of your access to the Website, Services, and Products, or KPIScore Customer Account without notice, refund, or liability. KPIScore reserves the right to enforce or not enforce these terms at its sole discretion.
You agree to indemnify, defend, and hold harmless KPIScore, along with its affiliates, licensors, licensees, officers, directors, agents, and employees from any claims, losses, damages, fines, penalties, costs, and liabilities, including reasonable attorney's fees and other legal expenses, arising from any third-party claims, demands, actions, proceedings, arbitrations, or government assessments related to your breach of these Terms of Service.
You are permitted to link to the Website provided you adhere to the following conditions: Links may direct to the Website's homepage or other internal pages. You are prohibited from employing in-line linking (hot-linking) or framing techniques. You must not represent or suggest any endorsement or sponsorship by KPIScore without prior written consent. The use of KPIScore's Intellectual Property without advance written authorization is forbidden. Additionally, you must agree to remove any link immediately upon KPIScore's request.
21.1
Users may opt to terminate their User Account, resulting in the cessation of access to the associated KPIScore Customer Account. Administrators will be notified of the deletion request for the specified User Account.
21.2
Administrators wishing to delete their account must adhere to the following procedures:
21.3.1.
KPIScore reserves the right to suspend your KPIScore Customer Account under the following conditions temporarily:
21.3.2
To regain access to a suspended KPIScore Customer Account under the conditions stated in 21.3.1 (3), you must purchase a new commercial subscription that meets all necessary features and limitations for the proper functionality of the account.
21.3.3.
KPIScore may permanently delete your KPIScore Customer Account and all associated data, including User Content and electronic documents, without the possibility of data recovery under the following circumstances:
21.3.4.
An Administrator may request deletion of the KPIScore Customer Account by removing any other Administrators, if applicable. Following such dismissal, the account will be deactivated immediately and permanently deleted within ninety (90) calendar days, deleting all connected User Accounts, User Content, and electronic documents.
21.3.5.
No refunds will be issued under any circumstances upon deleting a KPIScore Customer Account.
KPIScore reserves the right to assign or delegate these Terms of Service, in whole or in part, to any third party without prior notice. You may not assign or delegate any rights or obligations under these Terms of Service without the prior written consent of KPIScore. Any attempt by you to assign or delegate these Terms without such consent shall be null and void.
All interactions and transactions with the Website, Services, and Products shall be conducted electronically. KPIScore may maintain electronic records of all communications occurring through the Website. An electronic record shall be considered sent when it is directed to the intended recipient’s information processing system, beyond the sender’s control, or when it enters a portion of the information system accessible by the recipient. An electronic record is received when it enters an information processing system designated or used by the recipient for such records and can be processed by that system, enabling the recipient to retrieve the electronic record.
You acknowledge that any violation or breach of these Terms of Service may result in immediate and irreparable harm to KPIScore. Consequently, KPIScore may seek and obtain immediate injunctive relief, including but not limited to temporary restraining orders and permanent injunctions, against any breach or potential breach of these Terms. Additionally, KPIScore retains the right to pursue any other remedies available by law or equity, including specific performance of the terms contained herein.
These Terms of Service shall be enforced to the maximum extent permitted by applicable law. Should any provision of these Terms be deemed invalid or unenforceable under applicable law, such provision shall be modified or interpreted to the extent necessary to render it valid and enforceable, reflecting the original intent of the provision. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provisions of these Terms of Service.
26.1. KPIScore will collect, process, and store all personal information in accordance with applicable national and international data protection laws and regulations, including but not limited to the EU General Data Protection Regulation (GDPR). These activities are further detailed in the KPIScore Privacy Policy, available at KPIScore Privacy Policy URL
26.2. The Privacy Policy outlines how KPIScore collects, uses, discloses, manages, and stores users' Personal Information.
26.3. KPIScore processes personal information of users-of-users, on your behalf and under your instructions, in accordance with the Data Protection Legislation and the terms of the Data Processing Agreement (DPA), which are incorporated herein by reference. The parties agree to adhere to the terms of the DPA.
26.4. You are responsible for obtaining all necessary consents and permissions to collect, use, and share personal information, ensuring compliance with applicable data protection laws, including maintaining a published privacy policy.
26.5. If you are a visitor, user, or customer of a KPIScore user and wish to request access to or modification of your personal information held on behalf of a KPIScore user, please direct your inquiries to the relevant user (the Controller of the data). KPIScore will respond to requests to remove users-of-users' personal information within thirty (30) days.
26.6. When accessing, installing, downloading, or purchasing Third Party Materials from Marketplace Sellers, these sellers may also collect and process your personal information during transactions.
26.7. Users may use personal information of other users only as necessary to complete transactions, communicate about specific transactions, or respond to messages. Users must not use personal information for marketing, add users to mailing lists, retain payment details, or use the information for any purposes other than those explicitly consented to by the data subject.
No waiver of any breach of any provision of these Terms of Service will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof. No waiver shall be effective unless made in writing and signed by the waiving party. Further, the failure to exercise, or a delay in exercising, any right, remedy, power, or privilege under these Terms of Service shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
You may provide voluntary suggestions, comments, or other feedback ("Feedback") to KPIScore regarding the Website, Products, or Services. Unless otherwise agreed in writing, such Feedback shall not establish any confidentiality obligations for KPIScore, nor shall it restrict KPIScore's ability to use, disclose, or otherwise exploit the Feedback in any manner without obligation to you, consistent with applicable provisions of the Privacy Policy.
These Terms of Service and any disputes arising out of or related to these Terms of Service, the Website, the Services, or the Products shall be governed and construed in accordance with the laws of Australia, excluding its conflict of law provisions. You hereby agree to the exclusive jurisdiction of the courts located in Australia for the resolution of all disputes arising out of or related to these Terms of Service.
The parties agree to seek amicable resolution of any disputes, differences, or controversies arising under or related to this Agreement before pursuing litigation. Should a dispute arise, you must first notify KPIScore at support@KPIScore.ai with a detailed description of the dispute and relevant information ("Notice of Dispute"). The parties shall then attempt to resolve the dispute through mutual agreement within thirty-five (35) business days from receipt of the Notice of Dispute, prior to initiating any legal action.
Each party hereby waives any right to assert claims against the other as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed contrary to public policy. Should any portion of this waiver be deemed unenforceable or inapplicable to a dispute, both parties agree that, except as provided by the arbitration terms, jurisdiction and venue for any legal proceedings shall exclusively reside in the courts of Australia. KPIScore will not seek attorney’s fees and costs unless the court determines that the claims brought against it are frivolous. Unless otherwise dictated by arbitration rules or applicable law, each party is responsible for its own attorney's fees.
Neither party shall be liable for any failure or delay in performing their obligations under these Terms of Service where such failure or delay is due to a force majeure event, including but not limited to acts of war, civil unrest, natural disasters, failure of telecommunications or internet services not caused by the obligated party, or government restrictions. The affected party shall notify the other within a commercially reasonable time and will endeavour to mitigate the effects of the force majeure event. Obligations not performed due to the force majeure event will be resumed as soon as reasonably possible once the event concludes.
KPIScore reserves the right to audit your use of the Website, Services, and Products during the term of this Agreement to ensure compliance. Such audits may be conducted upon reasonable prior notice, and you may be required to produce a usage report without interfering with your business operations. However, KPIScore may conduct audits without prior notice if required by governmental or regulatory authorities, in cases of allegations of fraud, misappropriation, or other irregular business activities of a potentially criminal nature, or when KPIScore reasonably believes an immediate audit is necessary to address a significant operational issue or threat to its business. You are required to cooperate fully with any such audits.
34.1.
34.2.
Your Country (Territories) | Notification address | |
---|---|---|
Territory 1 | Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Macedonia, Malta, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Sweden, Switzerland, United Kingdom, Vatican | privacy@KPIScore.io |
Territory 2 | India | privacy@KPIScore.in |
Territory 3 | All other countries except the ones stated above for Territory 1 and Territory 2 and except those listed below: Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Russian Federation, Tajikistan, Turkmenistan, Ukraine, Uzbekistan | privacy@KPIScore.ai |