Terms and Conditions

Last updated: November 26, 2020.

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://kesque.com (formerly https://kafkaesque.io) website and the related Kesque Product (the “Service”) operated by Kafkaesque Technologies Inc (“Us”, “We”, or “Our”). These Terms are between the person or entity agreeing to these terms (“Customer”, “You” or “Your”) and Us and is effective as of the earliest date on which the You accept these Terms.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When You create an account with us, You must provide us information that is accurate, complete, and current at all times. You are prohibited from misrepresenting your identity or affiliation with any company or other entity.  Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on our Service. By creating an account, You hereby consent that You may receive email or in-Service communications from Us.  Such communications may include communications regarding Your Services and/or commercial content relating to other products and services offered by Us. If you do not wish to receive such communications, You may opt-out by notifying Us here.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password and account under the Services, whether Your password is with the Service or a third-party service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

Intellectual Property

The Service and its original content, features and functionality is licensed and not sold, and as such are and will remain the exclusive property of Kafkaesque Technologies Inc and its licensors.

Privacy

Use of information collected while using the Service is governed by our Privacy Policy found here. The Privacy Policy includes additional information about information collected with your use of the Services.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Kafkaesque Technologies Inc.

Kafkaesque Technologies Inc has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Kafkaesque Technologies Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend access to Our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, Your right to use the Service will immediately cease. If You wish to terminate Your account, You may simply discontinue using the Service.

Disclaimer

Your use of the Service is at Your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, NEITHER US NOR OUR SUPPLIERS PROVIDE ANY OTHER WARRANTIES REGARDING THE SERVICES, AND TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL OTHER WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT, AND ANY WARRANTIES, TERMS AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR ELSEWHERE WILL CREATE ANY WARRANTY, TERM OR CONDITION UNLESS EXPRESSLY STATED IN THESE TERMS.  THE SERVICES ARE NOT DESIGNED OR INTENDED FOR HIGH RISK ACTIVITIES.  WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS.  YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR YOUR PURPOSES.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Kafkaesque Technologies Inc or its suppliers be liable for damages other than direct damages, including the cost of procurement of substitute goods or technology, loss of profits, or for any special, consequential, incidental, punitive or indirect damages on any theory of liability, whether in statute, contract, tort (including negligence), strict liability, indemnity or otherwise, even if advised of the possibility of such damages. 

To the fullest extent permitted by applicable law, in no event shall the total liability of Kafkaesque Technologies Inc to You under these Terms exceed the total amounts paid by You to Us under these Terms during the 12 months prior to the date the claim arises.  The liability limitations in this paragraph (and otherwise in these Terms) do not limit or exclude damages for bodily injury or death or other damages that under applicable law cannot lawfully be limited or excluded.

Export Controls

You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with Your use of the Services, and any underlying software or technology.  In particular, but without limitation, the Services may not, in violation of any laws, be accessed, exported or re-exported: (1) in/into any U.S. embargoed country; or (2) by/to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

Force Majeure

Neither party will be liable for failure or delay in its performance under these Terms to the extent caused by circumstances beyond its reasonable control.  We reserve the right to suspend the Services to comply with applicable laws.

Independent Contractors

These Terms will not be construed as creating an agency, partnership, joint venture or any other form of association, for tax purposes or otherwise, between the parties; the parties will at all times be and remain independent contractors.

No Third-Party Beneficiaries

These Terms does not confer any benefits on any third party unless it expressly states that it does.

Notices

Other than where it is stated in these Terms that notice can be given within the Services, all notices must be given in writing and sent by email. In the case of notices given by Us these shall be sent to Your email address as provided when you register for the Services, and in the case of notices given by You these shall be addressed to legal@kesque.com.  Notices given through the Services will be deemed given upon posting in the Services and notices given by email will be deemed given upon leaving the senders system.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California without regard to its conflict of law provisions, and each party hereby consents to the jurisdiction of the federal or state courts of Santa Clara County, California, USA.  Each party hereby waives any right to jury trial in any litigation in any way arising out of or related to this Terms.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new Terms, please stop using the Service.

Entire Agreement

These Terms set out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter.  In entering into these Terms, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in these Terms.  The terms located at a URL referenced in these Terms are hereby incorporated by this reference.  After the Effective Date, We may provide You with an updated URL in place of any URL in these Terms.  You agree that your purchase of the Services is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written public comments made by Us, including any roadmaps or target release dates, with respect to future functionality or features.

Contact Us

If you have any questions about these Terms, please contact us.