Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Kintavo electronic quality management system, website, and related services (collectively, the "Service") provided by [Legal Entity Name] ("Kintavo," "we," "us," or "our"). By accessing or using the Service, or by clicking to accept these Terms, you agree to be bound by them. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

If you have signed a separate written master services agreement or order form with us, that agreement governs to the extent it conflicts with these Terms.

1. The Service

Kintavo provides a cloud-based eQMS that helps organizations manage documents, training, change control, audits, CAPAs, and related quality processes. We may add, modify, or discontinue features from time to time, provided we do not materially degrade the core functionality of a paid subscription during its term.

2. Accounts and eligibility

You must provide accurate registration information and keep it current. You are responsible for safeguarding account credentials and for all activity that occurs under your account. You must be at least the age of majority in your jurisdiction and capable of forming a binding contract. Notify us promptly at [info@@kintavo.com] of any unauthorized use.

3. Customer data

"Customer Data" means the content and data you and your users submit to the Service. As between you and us, you retain all rights to your Customer Data. You grant us a limited license to host, process, transmit, and display Customer Data solely as needed to provide and support the Service. You are responsible for the accuracy, quality, and legality of Customer Data and for obtaining all rights and consents necessary for us to process it.

4. Acceptable use

You agree not to, and not to permit others to:

  • use the Service in violation of any applicable law or regulation;

  • upload or transmit malicious code, or attempt to gain unauthorized access to the Service or related systems;

  • interfere with or disrupt the integrity or performance of the Service;

  • reverse engineer, decompile, or attempt to derive source code, except to the extent permitted by law;

  • resell, sublicense, or provide the Service to third parties except as expressly permitted;

  • use the Service to store or transmit infringing, defamatory, or otherwise unlawful material;

  • exceed the scope of use, user counts, or usage limits set out in your subscription.

We may suspend access to address a material breach, security risk, or non-payment, and will use reasonable efforts to provide notice where practicable.

5. Subscriptions, fees, and payment

Fees, the subscription term, and user or usage limits are set out in your order form or plan selection. Unless stated otherwise: fees are quoted exclusive of taxes; payment is due in advance for each billing period; subscriptions renew automatically for successive terms unless cancelled before the renewal date; and fees are non-refundable except as required by law or expressly stated. We may change fees effective at the start of a renewal term with prior notice.

6. Intellectual property

The Service, including all software, content, and trademarks (excluding Customer Data), is owned by us or our licensors and is protected by intellectual property laws. We grant you a non-exclusive, non-transferable, revocable right to use the Service during your subscription term solely for your internal business purposes. We may use aggregated and anonymized data that does not identify you or any individual to operate and improve our products. If you provide feedback, you grant us a perpetual, royalty-free license to use it.

7. Third-party services

The Service may interoperate with third-party products and integrations. Your use of those products is governed by their own terms, and we are not responsible for them.

8. Confidentiality

Each party may receive confidential information of the other. The receiving party will use it only to perform under these Terms, protect it with reasonable care, and not disclose it except to personnel and advisors who need to know and are bound by confidentiality obligations.

9. Warranties and disclaimers

We will provide the Service with reasonable skill and care and in substantial conformance with our documentation. EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The Service is a tool to support your quality processes; you remain responsible for your own regulatory compliance, validation activities, and quality decisions.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA. EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU FOR THE SERVICE IN THE [TWELVE (12) MONTHS] PRECEDING THE EVENT GIVING RISE TO THE CLAIM. These limitations do not apply to liability that cannot be limited under applicable law.

11. Indemnification

You will defend and indemnify us against third-party claims arising from your Customer Data, your use of the Service in violation of these Terms, or your violation of law, subject to the limitations in these Terms.

12. Term and termination

These Terms remain in effect for the duration of your subscription. Either party may terminate for the other's material breach that remains uncured [30] days after written notice. Upon termination, your right to use the Service ends. We will make Customer Data available for export for [30] days after termination, after which we may delete it in the ordinary course, except as required by law. Provisions that by their nature should survive will survive.

13. Governing law and disputes

These Terms are governed by the laws of the United States of America, without regard to conflict-of-law rules. The parties consent to the exclusive jurisdiction of the courts located in Oklahoma, except that either party may seek injunctive relief in any court of competent jurisdiction.

14. Changes to these Terms

We may update these Terms from time to time. We will post the updated version with a new "Last updated" date and, for material changes, provide reasonable notice. Continued use of the Service after changes take effect constitutes acceptance.

15. General

These Terms, together with any order form and referenced policies, are the entire agreement between the parties. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Contact

Email: [info@kintavo.com]