These terms govern your use of this website and of the Kynecto platform and the applications we run on it. By using either, you accept them. If you do not, please do not use them.
If your organisation has signed an agreement, order form or statement of work with us, that document governs the commercial relationship and takes precedence over anything here that contradicts it. These terms fill the gaps.
Who we are
Kynecto Ltd is registered in England and Wales, company number 15393531, with its registered office at 3rd Floor, 86-90 Paul Street, London EC2A 4NE. Our VAT registration number is GB 458692931.
In these terms, “we” and “us” mean Kynecto Ltd, and “you” means the person or organisation using the website or the service.
Accounts and access
Most accounts on our platform are issued by the client organisation that holds the contract, and that organisation decides who gets one and what they can see. Your employer’s own policies apply to your use alongside these terms.
Keep your credentials to yourself, use multi-factor authentication where it is offered, and tell us at support@kynecto.com as soon as you think an account has been compromised. You are responsible for what happens under your account until you do.
Acceptable use
Do not use the website or the service to:
- break the law, or help anyone else to
- upload or transmit malware, or anything designed to interfere with software or hardware
- gain or attempt to gain access to accounts, data or systems you have not been given
- probe, scan or test the security of our systems without our written permission
- interfere with the service or the infrastructure behind it, including by placing an unreasonable load on it
- scrape, harvest or bulk-extract content by automated means
- copy, decompile or reverse engineer any part of the platform, except where the law says you may
- post or transmit anything that infringes someone else’s rights, or that is unlawful, defamatory or abusive
- misrepresent who you are, or your association with anyone else
If you find a security vulnerability, tell us at support@kynecto.com and give us a reasonable chance to fix it before disclosing it. We will not pursue anyone who reports a genuine issue responsibly and in good faith.
Your content and data
You keep ownership of everything you or your organisation puts into the service. Nothing here transfers it to us.
You give us the licence we need to host, copy, transmit, display and back up that content, for the sole purpose of running the service for you. Where the content includes personal data, we handle it as a processor on your organisation’s instructions, under the data protection terms in your agreement with us and as described in our Privacy Notice.
We back up the platform as a matter of routine, and we work to published retention and recovery arrangements where an agreement sets them. Where the data matters to you, keep your own copies too.
If you send us feedback, suggestions or ideas about the service, we can use them freely and without owing you anything for them. You are not obliged to send any.
Our intellectual property
The platform, the software behind it, our documentation, designs, branding and the content of this website are ours or our licensors’, and stay that way. You get the right to use the service while you are entitled to, and no more.
Where we build something bespoke for you, who owns it is set out in the project agreement or statement of work for that work. In the absence of anything written, we keep ownership of our pre-existing and reusable components and grant you a licence to use them as part of what we delivered.
Availability and changes to the service
We aim to keep the service available and to keep planned maintenance short and out of hours, but we do not guarantee uninterrupted or error-free operation. Committed availability targets and support response times apply only where an agreement with your organisation sets them out.
We develop the platform continuously, so features change. We will not make a change that materially reduces the functionality your organisation is paying for without telling you first. This website may change or come down at any time.
Fees
Where you pay for the service, the charges, billing cycle and notice periods are in your order form or agreement. Invoices are payable to the terms stated on them.
If an account falls significantly overdue, we may suspend access after giving you written notice and a reasonable chance to put it right.
Suspension and termination
We may suspend or withdraw access where you breach these terms, where an account is being used in a way that puts our systems or other customers’ data at risk, or where the law requires it. Except in an emergency, we will tell you why and, where the problem can be fixed, give you a chance to fix it.
Your organisation’s contract sets out how the service itself ends, and what happens to your data when it does. On termination, the sections on your content, intellectual property, liability, confidentiality and governing law survive.
Warranties and disclaimers
We will provide the service with reasonable skill and care.
Beyond that, and as far as the law allows, the website and the service are provided as they are and as available. We do not warrant that they will be uninterrupted, free of errors, or fit for any purpose you have not told us about, and we exclude the implied warranties and conditions that would otherwise apply.
Content on this website is published for information. It is not advice, and we do not warrant that it is complete or current. Where we link to someone else’s site, we are not responsible for what is on it.
Liability
Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.
Subject to that, we are not liable for loss of profit, revenue, business, contracts, anticipated savings, goodwill or reputation, for loss or corruption of data beyond the cost of restoring it from a backup, or for any indirect or consequential loss, however it arises.
Subject to that, our total liability arising out of or in connection with the service, whether in contract, tort including negligence, or otherwise, is limited to the total charges paid by your organisation in the twelve months before the claim arose, or £100 where nothing has been paid. Where your agreement with us sets a different cap, that one applies instead.
If you are using the service as a consumer rather than for business, nothing in these terms affects your statutory rights.
Indemnity
If you use the service for business, you will cover us for the losses, damages and reasonable legal costs we incur from a third party claim arising out of your use of the service in breach of these terms, or out of content you put into it infringing someone else’s rights. We will tell you promptly about any such claim, will not settle it without your agreement, and will let you take over the defence if you want to.
Confidentiality
Each of us will keep the other’s confidential information confidential, use it only for the purposes of the service, and give it only to people who need it and are under equivalent obligations. This does not apply to information that is already public through no fault of the recipient, or that the law requires to be disclosed.
Governing law and disputes
These terms and any dispute arising out of them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you are a consumer resident elsewhere in the UK, you may also bring proceedings in your local courts.
If something goes wrong, raise it with us at support@kynecto.com first. Most things are settled that way, and we will work with you for at least 30 days before either of us takes it further.
Notices and electronic communications
We may give notice by email to the address on your account, and you agree that agreements, notices and records delivered electronically meet any legal requirement that they be in writing. Formal legal notices to us should go to support@kynecto.com and to our registered office.
General
These terms, together with any agreement between us and our Privacy Notice, are the whole agreement on their subject, and replace anything said beforehand.
We may transfer our rights and obligations to another business, in which case your rights are unaffected. You may not transfer yours without our written consent.
If a court finds any part of these terms unenforceable, the rest stands. If we do not enforce something straight away, we have not given up the right to enforce it later. Nothing here makes us partners, or either of us the other’s agent or employee. Someone who is not a party to these terms has no right to enforce them under the Contracts (Rights of Third Parties) Act 1999. Neither of us is liable for a failure caused by something genuinely outside our reasonable control.
We may change these terms. The date at the top of the page is the date of the current version, and where a change materially affects you we will tell you rather than quietly reposting. Continuing to use the service after a change means you accept it.
Contact
Kynecto Ltd, 3rd Floor, 86-90 Paul Street, London EC2A 4NE. support@kynecto.com, 020 3576 5349.