Terms and conditions

By using Kotive’s Web-based Application (“Service”), its API or any services of Kotive Limited (referred to as “Kotive”), you agree to be bound by these terms and conditions and also by the Disclaimer in clause 15. Irrespective of how you were introduced to this Service, the agreement to use the Services are between you and Kotive.

1. Account Activation and Maintenance

In order to use the Services, you must:

  • Be at least 18 years old and able to enter into contracts;
  • Be a human. Accounts registered by automated methods or “bots” are not permitted;
  • Have authority to bind a company or other entity to contracts (if you are subscribing on behalf of such company or entity);
  • Register an Account by providing complete, accurate and true billing and contact information;
  • Be the only person using your login - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows;
  • Pay for the Services;
  • Agree to the Kotive Terms and Conditions.

A binding agreement between Kotive and you comes into force when it has notified you that it has accepted your offer and that it will give you access to the Services.

When you subscribe to the Services, you are making an offer to Kotive who in its sole discretion may accept or decline the offer. Taking payment from you via credit card, EFT or debit order does not indicate acceptance of the offer and Kotive will immediately refund you in case your offer has been declined. The auto response sent to you after you have subscribed does not establish an acceptance of your offer.

Upon registration of an Account, you:

  • Must provide a username and password, and any other information requested in order to complete the Account registration process;
  • Must maintain the confidentiality of the username and password;
  • Must report unauthorized use or suspected compromise of the username and/or password to Kotive;
  • Accept responsibility for all actions carried out with your username and password. Kotive and other Service Users may assume that any actions carried out were done with your authorisation;
  • Are responsible for all submissions made and activity that occurs under your Account, even by others who have Accounts under your Account.

2. Term

The Term starts when you subscribe to the Service and continues as long as you use and pay for the Service.

3. Grant of Rights

This Service provides you with information regarding Kotive and its Services.

You may not use this Service for commercial purposes to compete with Kotive.

You may complete the purchasing process, communicate with Kotive through the Website and Web-based Application and use the Services.

You have the right to review and correct the Personal Information that you have submitted to the Service when creating your Account.

4. Payment and Pricing

If you have opted to pay via credit card, you must give Kotive an approved and valid credit card number and payment processing information. You hereby authorize Kotive to charge any credit card you provide it.

All payments must be made in advance on a recurring, periodic basis and you agree to be responsible for paying the fees even if you don’t actively use the Services.

Subsequent credit card payments will automatically be processed at the end of each billing cycle until you cancel your Kotive Account.

If any payment regardless of the method, has not been received or cannot be processes, your access to the Service may be suspended. If you do not rectify this suspension within 7 days, your access will be cancelled. Should you still want to use the Service, you will have to sign up for the Service again and at the price stated on the Website at that time. Kotive does not accept liability for any price increases that may have happened in the meantime.

Kotive may from time to time adjust the pricing for the Service and such changes will take effect when you make a purchase for a new Account, upgrade or downgrade your existing Account. Your sole remedy in such a case, if you do not wish to pay the adjusted fees, is to close your Account in terms of clause 9.

5. Invoices

Upon subscription and recurring thereafter, your invoices for the subscription fees due for the following month will be available within the Kotive Web-based Application.

6. Refund Policy

In case the Services do not meet your expectations:

  • When using the Services during the first 30 days after registering your first Account you find that the Services do not meet with your expectations and/or requirements, you may cancel your subscription and receive a full refund.
  • If after the first 30 days you discover the Services do not meet with your expectations and/or requirements, you may cancel in terms of clause 9, but no refunds or partial refunds will be given.
  • By the nature of the Services, they cannot be returned and the right to cool off does not apply to the Services.

7. Privacy Policy

Purpose of Collection of Personal Information

Kotive processes your Personal Information if you register on the Website and/or subscribe to the Service. You agree that you have given your Personal Information voluntarily and that Kotive may process it.

Kotive will process the Personal Information until you delete your Account.

Kotive uses your Personal Information:

  • To gather non-personal statistical information about customers’ behaviour patterns, usage habits and demographic information;
  • To send you special offers or notify you of promotions or new product launches;
  • For internal record keeping;
  • To improve our Services;
  • To provide customer support;
  • To customize the Services according to your interests.

The privacy of your Personal Information

Kotive will never disclose your Personal Information unless required by a warrant of execution. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

Use of cookies

The Service uses cookies to identify you and to show you information you may find useful based on your previous interaction and interests. Basically, it allows the Website to respond to you as individual but it cannot steal information from you. It can only remember information that you voluntarily share with the Website. You may disable the use of cookies in your browser.

Retention of Records

You authorize Kotive to retain records of Personal Information that you have provided to it. You may update your Personal Information at any time through the Web-based Application. Kotive will destroy the record of Personal Information as soon as reasonably practical after you delete your Account. However, Kotive may keep record of your name and email address, which it reasonably requires for its operation.

Information Quality

To ensure that Personal Information is complete, accurate and up to date, Kotive may occasionally email you requesting you to review the Personal Information on record. You must ensure that they provide accurate Personal Information and update it if it is inaccurate.

Openness

Provision of Personal Information is voluntary but incomplete and inaccurate Personal Information may lead to not being able to fully use the Service. In cases of fraudulent Personal Information, you may be suspended from the Service.

Security Safeguards

The Service is hosted at reputable hosting companies that implement proper information security principles to secure the confidentiality, integrity and availability of the Personal Information against loss, damage, destruction and unlawfulness disclosure.

The Service is protected by a SSL certificate, with data encryption up to 256bits and using the SHA-2 algorithm.

Individual Participation

You may request Kotive for access to any Personal Information in its possession, but Kotive must authenticate you before giving out any Personal Information.

Changes to this Privacy Policy

Kotive may change this Privacy Policy at its sole discretion and without notice to you.

8. Prohibitions

You must NOT do the following:

  • copy, reverse engineer, modify or damage the Service or any of its content;
  • rent, lease, sublicense, assign, or transfer your rights to use this Service;
  • intentionally use a device or software application to overcome the security measures that protect the Service.
  • deliver any malicious code such as viruses, worms or Trojan horses to this Website.
  • use the Website if under the age of 18.
  • share your username and password with Third Parties. You are solely responsible for the actions being done with your username and password.
  • misrepresent who you are when ordering Services.

9. Suspension and Closing your Account

Either You or Kotive may end this Agreement at any time and for any reason by giving written notice to the other Party. Your subscription will end on the last day of your current Term.

Kotive may permanently delete all the data associated with your Account upon the closing of your Account.

If Kotive suspects fraudulent or other criminal activity on your part while using the Service or in case of breach of these terms or non-payment, or if your conduct in any way negatively affects the rights and interests of Kotive, it may in its sole discretion temporarily suspend or terminate your access to the Services. In such circumstances, Kotive will send you a suspension notice unless in its sole discretion it deems that such notice will lead to further damage and violation.

Kotive reserves the right to institute criminal action against you for any illegal use of the Service.

10. Technical Support

Technical support is available via email if your subscription is fully paid for that Term. Technical support is available via phone for customers with Priority Support subscriptions.

11. Notification of Security Breach

If a security breach should occur that may affect the Services, Kotive will notify you of the breach and describe what happened. In the event that Personal Information is suspected of being compromised, Kotive will also notify you.

12. Ratings, Reviews and Comments

You may rate Services listed on this Website and leave any comments that may be useful to other customers to help them make wise buying choices. However, Kotive reserves the right to remove reviews if required by law if they contain any of the following:

  • Spiteful remarks;
  • Distasteful and/or defamatory content;
  • Profanity;
  • Advertisements or promotional material for competing Services;
  • Any contact details like email and physical addresses;
  • Links to other websites;
  • Comments on other reviews (as some may be deleted in future);
  • Off-topic information such as feedback on your experiences with Kotive.

13. Complaints and Disputes

A Party may complain to Kotive about:

  • Receiving incorrect Services;
  • The customer service you received from Kotive.

Kotive undertakes to resolve disputes internally as far as practically possible. You may lay your complaint by emailing Kotive at email address: support (at) kotive (dot) com.

14. Intellectual Property Rights

The structure, organization and content of the Website and Service are protected by law, including without limitation the copyright laws by international treaty provisions.

Kotive either owns or has been licensed to use the copyrights and trademarks in this Service and its software application. This Agreement does not grant you any intellectual property rights in the Service and trademarks. Kotive reserves all rights not expressly granted.

You may not make a copy of this Website or reverse engineer the Service. Breach of this clause is a criminal offence.

You retain the Intellectual Property rights in the information you upload to the Service.

15. Disclaimer and Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use or inability to use the Website and the Services. Kotive will not be liable for direct or indirect damage that might arise out of the use of the Website and the Services nor the damage to property or for personal injury or death due to the use and/or misuse of its Services.

Kotive does not guarantee that the Website is free from malicious code such as viruses, worms and Trojan horses. You must take care of your own online safety and ensure that you have anti-virus protection on your computer.

Kotive is not legally responsible for content in websites of Third Parties to which this Website or Service links.

You must use discretion before taking any action based on the information, ideas and opinions expressed on this Website.

Kotive has not customized the Website to suit your individual requirements and you must ensure that you use appropriate hardware and software to access this Website.

Kotive does not accept liability for any submissions made in email communications by its employees, resellers, referrers and/or agencies that caused damage to you or Third Parties.

Kotive provides the Website and Service “as is” and Kotive makes no warranty as to its use, availability or performance.

Kotive does not guarantee that the Website and Service is error-free.

Kotive will not be legally responsible for any delays or failures in performance of any part of the Service if the cause is beyond its control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

In case a court of law finds Kotive liable for direct and/or indirect damage suffered, the damage shall be no more than the fees you paid us for the Service the previous month.

16. Accountability

You are responsible to ensure that everyone who accesses the Services by or through your Account, adhere to these terms and conditions of use and you are liable for their actions while using the Services.

17. Changes to Website

Kotive reserves the right to amend any information of its Services on this Website. It may change terms and conditions in its sole discretion, by posting the new terms on the Website and/or notifying you by email using the last email address you gave Kotive. You must acquaint yourself with any such amendments to the terms and conditions and they will take effect as from the next billing cycle.

18. Electronic Communication

You accept that Kotive may communicate with you through the use of email relating to the use of the Website Services such as sending notifications of special promotions or new product launches and changes to the Website and/or Services. You may elect not to receive electronic marketing messages from us. When Kotive sends an email to you, it is deemed that you have received it when you are capable of downloading the email.

When you send an email to Kotive, it is deemed to have been received when Kotive replies to the message.

You agree that all electronic agreements, invoices, notices, disclosures and other communications between Kotive and Website User, satisfy any legal requirement that such communications be in writing.

19. Disclosures

Full name and legal status of the Service Owner: Kotive Limited

Registration number: C214021634

Website address: www.kotive.com

Email address: support (at) kotive (dot) com

Contact number: 855-284-1960

Physical address: 2nd Floor, Suite 138, Harbour Front Building, John Kennedy Street, Port Louis, Mauritius

Description of the main characteristics of the services offered by the supplier: Kotive offers various software solutions for business processes and supplies them as a monthly service.

The minimum duration of the agreement: One month and this Term renews monthly until cancelled by you or Kotive.

Manner of payment: Kotive accepts credit cards. All credit card transactions are done through 2Checkout.

Time within which services will be rendered: Unless otherwise agreed, the Services will start on subscription to the Services.

Record of the Transaction:. A record of your transaction along with your subscription is available to view and download in your Account along with your monthly invoices.

20. Governing Law

The Laws of the Republic of Mauritius governs the interpretation and validity of this Agreement and the courts of the Republic of Mauritius will have exclusive jurisdiction in case of any dispute.

21. General

These terms and conditions form the whole agreement between the Parties and any supersede all prior agreements, other representations and understandings.

If a certain clause in this agreement is found not to be enforceable, that clause will be removed but the rest of the terms and conditions will still be valid.

Even if this agreement is terminated, the following clauses will continue to apply: Intellectual Property Rights, Disclaimer and Limitation of Liability, Governing Law and General.

22. Interpretation and Definitions clause

“Account” means the Account opened when you registered to use the Services and includes all details submitted by you to the Service such as Personal Information;

“Kotive” includes the directors, shareholders, employees, service providers and agents of Kotive Limited;

“Intellectual Property” refers to any copyrights, moral rights, goodwill, trade marks, source code, software applications, trade secrets or similar intellectual property rights;

“Party/Parties” refers to either Kotive or the Website User;

“Personal Information” refers to the Personal Information that you submit to the Website while using the Website and/or Service. It may include the following:

  • information relating to the race, gender, sex, marital status, national, ethnic or social origin, colour, age, conscience, belief, culture and language of the individual;
  • information relating to the education or employment history of the individual or information relating to financial transactions in which the individual has been involved;
  • any identifying number, symbol or other particular assigned to the individual;
  • the address of the individual;
  • the personal opinions, views or preferences of the individual, except where they are about another individual;
  • correspondence sent by the individual that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
  • the name of the individual where it appears with other Personal Information relating to the individual or where the disclosure of the name itself would reveal information about the individual, but excludes information about an individual who has been dead for more than 20 years.

“Service(s)” refer to the services to which you can subscribe and includes access to the Web-based Application and API;

“Term” means a recurring, periodic cycle and starts on the first day when payment is initially made for the Service;

“Third Parties” refer to people other than you or Kotive;

“Website” refers to the official website address: www.kotive.com

“Website User” means the person or entity accessing this website.