Terms of Service – Kentico Cloud
Everything you need to know
Who We Are
Kentico Software CZ s.r.o. with its registered office in Brno, Nové sady 996/25, zip code 602 00, Czech Republic, Company Identification Number 039 02 803. The Company is registered in the Companies Register maintained by the Regional Court in Brno, Section C, Insert 46072, represented by Petr Palas, Chief Executive Officer (the “Provider”).
This contract (the “Contract”) is concluded between you (the “Customer”) and the Provider (collectively referred as the “Parties”) and becomes valid and effective when you register to create an account (the “Account”). You need the Account in order to access the Service. The Service is described in the Documentation. Please note, we reserve the right, at our discretion, to reject your usage of the Service at any time.
The Contract is made for an indefinite term.
If you would like to stop the Service, you can terminate the Contract at any time by letting us know by email at email@example.com, in which case no further subscription fees will be charged, however, we are not obliged to refund any fees paid.
We are entitled to terminate the Contract any time. If we do, we will let you know in writing 14 days in advance.
Your Use of Our Service
You must be of legal age to create an Account or use our Service. You are responsible for maintaining the security and confidentiality of your Account, including all passwords and Account details used to access our Service. You are responsible for all use of your Account, including use of your Account by others.
You should use the Service solely for collecting, organizing, managing and collaborating on content for a specific project or projects. You must not use the Service beyond the limitations specified in Fair Usage Policy section ensuing from your subscription type and those described in the Documentation and the Pricelist.
You shall not be entitled to make or obtain otherwise a physical copy of the Software, either in binary or source code, unless the obtaining of a temporary copy ensues from the technological process of remote access to the Service.
Our Service may not be used for:
- unlawful activities, such as child pornography, gambling, crime, copyright infringement, trademark rights infringement, and/or a breach of other intellectual property laws
- providing or enabling access to the Service to any person from a country on which an embargo has been imposed
- making threats, stalking, defamation, fraud, humiliation, bullying, or intimidation aimed at any person for any reason whatsoever
- invasion of any person’s privacy by unlawful attempts at obtaining, gathering, storing, or publishing of the person’s private information or attributable personal information such as passwords, account information, credit card numbers, addresses, or other contact information without such person’s knowledge and consent
- deliberately abusing minors or their interests, or gathering attributable personal information about any minor
You should not use our Service in a manner that could cause harm to the Service or affect its use by other parties, especially:
- any attempts at gaining unauthorized access to the Service, actions preventing other authorized persons' access to the Service or enabling third parties to access or use the Service under your name
- misusing the Service for attempts at gaining unauthorized access to any other services, data, accounts, or networks by any means
- accessing or using the Service through any automated processes or services unless the procedure of the automated access is described in our Documentation, such as robots, search modules, or a regular download of the information stored with the Provider, or other third parties, in the cache
- using the Service to dispatch, disseminate, or deliver any unsolicited mass or promotional emails (i.e. spam)
- using the API of the Service in any way other than the use described in the Documentation.
You are responsible for complying with the laws of the country from where you use the Service and to ensure you have all necessary permission and consent in place in relation to your use of the Service.
You may use one subscription plan for Kentico Draft Service for projects which you deliver to any amount of companies, subject only to the limitations described in the Documentation and the Pricelist. However, a single subscription plan for Kentico Deliver and Kentico Engage Services may be used only for one company including its Affiliates , thus you need to purchase one subscription plan for each company.
The "Affiliate” in this case means any person or entity which, directly or indirectly, controls or is controlled by or is under common control with parent company.
A subscription fee for the use of the Service is due in advance. Our subscription fee prices and respective usage limitations are posted on our Pricelist and depend on your subscription type. If you exceed the usage limitations specified in the Pricelist, additional charges could be charged.
Payment will be processed by wire transfer or credit card (or similar card) via a trusted third-party payment provider. The payment method is decided based on the total amount paid.
If you decide to upgrade your subscription plan over the course of the monthly period, you will be reimbursed for the unused Service till the end of the period and charged an aliquot part of the new monthly plan for the time remaining until the end of the monthly period.
Should you decide to downgrade your subscription, you are not entitled to a refund and your usage of the Service will be restricted according to the newly selected plan after the end of the already paid monthly period.
Should you choose to cancel your subscription, you are not entitled to a refund and usage of the service will be terminated at the end of your already paid period.
Fair Use Policy
A subscription plan might come with monthly or cumulative limitations that are listed in the Pricelist.
The monthly quotas are reset to zero on the first day of a new period. For example, if you signed up on the 15th of the month, your usage period is set to be from the 15th of that month at 12:00 AM to the 14th at 11:59 PM of the subsequent calendar month.
The cumulative quotas listed in the Pricelist are imposed to ensure the uninterrupted functioning of the shared service infrastructure and can be reset only when subscription users delete individual items.
If you require a higher limit for your plan, you should consider upgrading to a higher subscription plan, which might come with higher limits or with the possibility to purchase custom limits for your subscription.
If your service usage exceeds the limits of your plan, as listed in the Pricelist, we reserve the right to contact you about upgrading your subscription plan.
If your service usage exceeds the limits for several months, we will take corrective action, including, but not limited to, throttling the service API, temporarily suspending or—when other options are unavailable—terminating your account.
Service Level Agreement
We will endeavor to ensure that the Service is available at all times.
We will endeavor to announce any downtime caused by maintenance at least 10 days in advance and keep its total duration below two hours per month.
You are solely responsible for all the content you enter, upload, or distribute in using the Service (the “Content”), and any intellectual property rights to this Content will be owned by you.
If any of your Content is lost or damaged within the Service, we will exert reasonable effort to help you to restore the Content from a backup, if a backup is available. This should be considered as your sole and exclusive remedy. We shall not be responsible for any loss, damage, or disclosure of the Content.
Personal Data Protection
You are solely liable for the collection and any other means of processing of any personal data entered, uploaded, or distributed in using the Service. Further, you shall ensure the processing of the personal data is executed in accordance with the applicable law. Please note, the Provider uses the Microsoft Corporation as a cloud computing services provider (“Microsoft Azure Services”).
Therefore, any data entered, uploaded, or distributed in using the Service will be processed by the Microsoft Corporation or its subcontractors (a list of the subcontractors is available at the following link https://aka.ms/Online_Serv_Subcontractor_List) using Microsoft Azure Services. By entering into the Contract, you agree with the above-mentioned means of processing of the data when using the Service.
Microsoft Azure Services are provided under the Online Services Terms (OST) available at the following link https://www.microsoft.com/en-us/Licensing/product-licensing/products.aspx. When providing the Service to you, the Provider is bound by the obligations stated in the section "Privacy and Security Terms of the Online Services Terms (OST)" to the extent the Microsoft Corporation is bound by the obligations when providing Microsoft Azure Services to the Provider. In case of any change of the Online Services Terms (OST), the section "Privacy and Security Terms", that will result in a change of the obligations of the Provider hereof, the Provider will notify you in accordance with the section “Changes” hereof. Further, the section “Changes” hereof applies accordingly.
The Provider reserves the right to change unilaterally the cloud computing services provider. The section “Changes” hereof applies accordingly. In such a case, the Provider will ensure the level of data protection under the new cloud computing services will be adequate for Microsoft Azure Services.
We may follow your use of the Service for the purposes of monitoring, metering/billing, and Service usage statistics generation.
Our Service, including logos, graphics, trademarks, documentation, text, software, etc., is our intellectual property which is owned or validly licensed to us. Your use of the Service grants you no right or license to reproduce or otherwise use such intellectual property, unless a limited use is part of your legitimate use of the Service.
Except where this is part of your legitimate use of the Service, you are not permitted to copy, modify, republish, download, display, or distribute all or any part of our Software or Documentation. Nor are you permitted to reverse compile, disassemble, or reverse engineer such Software or make use of such Software or Documentation to build a product or service that competes with our Service.
Our Service contains computer programs and computer graphics that are made by a third party and are subject to third-party rights (such as “Third-Party Software”). The Third-Party Software is governed by the licensing terms of the relevant third parties. A list of Third-Party Software is included in the Documentation. We may amend this list at any time.
Our Service is not suitable for use in operating environments susceptible to large-scale or serious damage, defects in the Software may appear during the use of the Software.
You shall prevent any damage caused due to defects in the Service (e.g., by a complex check of Service functionality before use).
We bear no liability for the functionality of your data network, public data networks, hardware and software running on it, and the backing up of the data.
The Parties agree that the Provider’s liability for damages, including the loss of profits, that may arise for the Client due to a breach of the Provider’s obligations hereunder, or due to defects in the Software, shall be limited to the maximum cumulative amount of USD 10. The Provider shall in no case be liable for any damages exceeding this limit. The limitation above does not extend to damage caused by the Provider to a natural person to his/her natural rights or caused intentionally or through gross negligence.
The Contract, and all the rights and obligations arising from it, is governed by the laws of the Czech Republic, mainly by the Copyright Act and the Civil Code.
All disputes shall be resolved in courts in Brno, Czech Republic.
If any part of the Contract is found to be invalid under any applicable statute or rule of law, then the Contract shall remain in full force and effect. Further, when possible, a court shall give effect to the intention of the invalid provision to the fullest extent possible within the law.
The Contract represents our full and complete agreement and replaces all prior agreements or understandings.
The Contract and its rights and obligations may not be transferred, assigned, or delegated in any manner by you without our prior agreement.
The Contract and our policies may be changed, reasonably, at any time. Posting the changes on our website, which you use in order to access the Service, shall be considered sufficient notice of such changes. Continued usage of the Service after a duly notified change to the Contract or a policy is posted on our website constitutes your acceptance of such change. Your right to terminate the Contract at any time remains unaffected.