ACCOUNT TERMS

• You must be 18 years or older to use Kube.

• You must be a human and a part of a registered organisation. Accounts registered by "bots" or other automated methods are not permitted.

• You must provide Your full legal name, a valid work email address and any other information requested in order to complete the signup process.

• You are responsible for maintaining the security of Your password and account. Kube will not be liable for any loss or damage due to Your failure to comply with this security obligation.

• You will be responsible for all Content posted and activities that occur under your account.

• One person or legal entity may not maintain more than one free account.

• You may not use Kube for any illegal or unauthorized purpose. You must not, in the use of Kube, violate any laws in Your jurisdiction (including but not limited to the copyright or trademark laws).

• You may not use Kube if you are direct competitor, except with Kockpit's prior written consent. You may not use or access Kube to compile data in a manner that is used or usable by a competitive product or service.

• Your login may only be used by one person- a single login shared by multiple people is not permitted. You may create separate logins for as many people as Your plan allows.

TERMS OF USE

You may use Kube for Your personal and business use or for internal business purpose in the organization that You represent. You may connect to Kube using any Internet browser supported by Kube. You are responsible for obtaining access to the internet and the equipment necessary to use Kube. You can create and edit the content with Your user account and if You choose to do so, you can publish and share such content.

You expressly understand and agree that Kube shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, included but not limited to data losses, loss of profits and goodwill, or other tangible losses resulting from Your use of services. Abuse or excessively frequent requests to Kube for related issues may result in the temporary or permanent suspension of Your account access. Kube, in its sole discretion, will determine the abuse or excessive usage. Kube will make a reasonable attempt via email to warn the account owner prior to suspension.

Kube reserves the right at any time to modify or discontinue, temporarily or permanently, Your access with or without notice.

TERMS FOR PAYMENT, REFUND, UPGRADING AND DOWNGRADING

1. There is not a need to provide a credit card number to open a free or demo account.

2. If you choose for paid services, you will be required to enter a credit card to continue usage.

3. Any paid services You use after entering Your credit card information will immediately incur a usage charge.

4. Kube calculates the number of user accounts created under Your organizational domain and bills You for that amount of usage at the prevailing rates provided in the subscription plans.

5. Roughly once a month or year (as per Your plan), we will bill You for the usage charges You have accrued over the preceding month (unless other payment terms have been arranged).

6. All fees are exclusive of all taxes, levies or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies or duties.

7. Any amount received for the paid services will not be refunded in any scenario.

CANCELLATION AND TERMINATION

You are solely responsible for properly cancelling Your account. An email or phone request to cancel Your account will not be considered cancellation.

Kube, in its sole discretion, holds the right to suspend or terminate Your account and refuse any and all current or future use of the service, for any reason at any time. Such termination of the use of service will result in deactivation or deletion of Your account or Your access to Your account, and the for forfeiture and relinquishment of all content in Your account. Kube reserves the right to refuse service to anyone for any reason at any time.

MODIFICATION OF THE SERVICE

Kube reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.

Prices of all services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days' notice from Us (unless You have agreed otherwise with Kockpit). Such notice may be provided at any time by posting the changes to the Kockpit Website or on Kube.

Kube shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the service.

COPYRIGHT AND CONTENT OWNERSHIP

We claim no intellectual property rights over the material You provide to the service. Your profile and materials uploaded remain Yours.

Kube does not pre-screen Content but Kube and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the service.

You shall defend Kube against any claim, demand, suit or proceeding made or brought against Kube by a third party alleging that Your content or Your use of service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law and shall indemnify Kube for any damages finally awarded against, and for reasonable attorney's fees incurred by Kube in connection with any such claim, demand, suit or proceeding; provided that Kube

• Prompty gives You written notice of the claim, demand, suit or proceeding;

• Gives Your sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Kube of all liability); and

• Provides to You all the reasonable assistance, at Your expense.

COMPLIANCE WITH TERMS

Any password issued by Company to a User shall not be disclosed to any person. No User shall access the account of any other User in any manner either with or without permission of the User owning the account. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Kockpit of any unauthorised use of their passwords or accounts or any other breach of security.

PRIVACY

All information collected from and submitted by Users, such as registration and credit card information, is subject to the Company's Privacy Policy which is available at Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

Kube includes a combination of content created by Kockpit, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying the Portal and material published on the Portal, including (but not limited to) Data Analytics in any segment, software, advertisements, written content, photographs, images, graphics, illustrations, marks, logos, audio or video clippings and flash animation, is owned by the Company, its partners, licensors and/or associates. Users shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Portal either in whole or in part without express written consent/licence from the Company. Users may request permission to use any of the Company's content by writing in to at tech@kockpit.in.

The look and feel of the Service is copyright of Kube, all rights reserved. You may not duplicate, copy, crawl or reuse any portion of the HTML/CSS, javascript or visual design elements or concepts without expressing written permission from Kube.

PROPRIETARY RIGHTS

You acknowledge and agree that Kube owns all legal right, title and interest in and to the Kube services, including any intellectual property rights which subsist in the Kube services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Except as provided in This Section, Kube acknowledges and agrees that it obtains no right, title or interest from You (or Your licensors) under these Terms in or to any content or applications that you create, submit, post, transmit or display on, or through, the Kube services, including any intellectual property rights which subsist in that content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Kube, You agree that You are responsible for protecting and enforcing those rights and that Kube has no obligation to do so on Your behalf.

Kube claims no ownership or control over any content on the Application. You retain copyright and any other rights you already hold in your content, and You are responsible for protecting these rights, as appropriate. By submitting, posting or displaying the content on or through the services You give Kube a worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, perform, display and distribute such content for the sole purpose of enabling Kube to provide You with the Kube services consistent with Your privacy settings and in keeping with our security procedures.

By adding a collaborator to your Project, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Projects(s) and Content as permitted by the relevant Kube Services functionality or features for the sole purpose of collaborating on development of the Application(s).

Kube maintains the security of its service in keeping with industry best practice and takes all reasonable and generally accepted precautions against security breach. You may find a full statement of our security policies in the policy section of our website.

You may choose to or we may invite you to submit comments or ideas about the Kube Services, including without limitation about how to improve the Kube Services or our products. By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Kube under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

GENERAL CONDITIONS

1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT KOCKPIT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

3. Support for Kube services is available as specified in your client proposal. If you do not have a client proposal, then support is best offered in English via email.

4. You understand that Kube uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Kube works with these vendors to maintain the security, privacy, and other policies specified herein.

5. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Kube, or any other Kockpit service.

6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Kockpit.

7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Kube customer, employee, member, or officer will result in immediate account termination.

9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

10. You agree that Kube, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Kube Services may be without prior notice, and you agree that Kube will not be liable to you or any third party for such termination.

11. You are solely responsible for exporting your Content and Application(s) from the Kube Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).

12. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

13. You must not transmit any worms or viruses or any code of a destructive nature.

14. You agree not to (a) access (or attempt to access) the administrative interface of the Services by any means other than through the interface that is provided by Kube in connection with the Kube Services, unless you have been specifically allowed to do so in a separate agreement with Kube, or (b) engage in any activity that interferes with or disrupts the Kube Services (or the servers and networks which are connected to the Service).

15. The Services shall be subject to the privacy policy for the Kube Services available on Kockpit Website. You agree to the use of your data in accordance with the privacy policies.

16. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Kube) of other Kube customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

17. Kube does not give any express or implied warranty that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, merchantable or non-infringing (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

18. You expressly understand and agree that Kube shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kube has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) statements or conduct of any third party on the service; (iv) or any other matter relating to the service.

19. The failure of Kube to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between You and Kube and govern Your use of the Service, superseding any prior agreements between You and Kube (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under law.

20. Questions about the Terms of Service should be sent to tech@kockpit.in