Description of Service.
We provide a variety of services for online collaboration and management including relationship management, impact analysis, reporting tool, network organiser, project management and time and expense recording (the “service” or “services”).
Your subscription permits you to use the services for your personal and business use, or for business purposes for the organisation you represent or are employed by.
You may connect to the services using any internet browser supported by the services. To avoid confusion these are; Chrome (latest versions on Windows, macOS, Linux, Android, iOS), Firefox (latest versions on Windows, macOS, Linux, Android, iOS), Safari (latest versions on macOS and iOS), Edge (latest versions on Windows 10), IE11 (latest versions on Windows 10). You are responsible for obtaining access to the internet and the necessary equipment to use the services.
You can create and edit content with your user account and you have the right to publish and share such content at your own discretion. Katala cannot be held responsible for users in breach of confidentiality should they decide to share such content.
Use of Beta Services.
We may offer select services as closed or open beta services (“Beta Service” or “Beta Services”) for the purposes of feature development, testing and evaluation. You agree that we have the sole authority to determine a period of time for testing and evaluation of Beta Services. We will evaluate the success of such testing and the decision, if any, to make such Beta Services available in the subscription packages. The release date of Beta Services will be entirely at our discretion.
You will be under no obligation to acquire an additional subscription to use any services as a result of your subscription to any Beta Service, should the service not be commercially available at your subscription level upon release.
We reserve the right to fully (or partially) include or discontinue any of the services, temporarily or permanently, at any time with or without notice. We have sole discretion to determine which services are included at each subscription level.
You agree that Katala will not be liable to you or to any third party for any harm related to, arising of, or caused by the modification, suspension or discontinuance of any service for any reason.
Restrictions on Use.
In addition to all other terms and conditions of this agreement, you agree not to carry out any of the following:
- The publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer.
- Impersonate another person or organisation or to misrepresent an affiliation with another person or organisation that is intended to mislead, confuse or deceive others.
- Promotion or advertisement of products or services other than your own without appropriate authorisation.
- Make the service available to use for the benefit of any collaborator or third party other than for the account holder’s internal business purposes.
Content Standards.
You must not post any content on the service which violates any applicable law, any third party’s intellectual property rights or anyone’s right of privacy. Content must not be deceptive, defamatory, fraudulent, illegal, libellous, obscene, pornographic or threatening (including harassment, hate speech or stalking). You must not share content that contains viruses, bots or similar harmful materials.
Data Ownership.
We respect your right to ownership of content created in and stored on your installation of the services. Unless specifically permitted by you, your use of the services does not grant Katala the licence to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account. You do permit Katala to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account as required for the purposes of providing services to you.
Sample Data.
Katala may provide sample data for the purpose of demonstrating the application and services. The information contained in the demonstration environment consists of random data. Katala makes no warranty, either express or implied as to the accuracy, usefulness, completeness or reliability of the sample information.
User Account Obligations.
If you represent an organisation and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organisation, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address.
You agree to provide true, accurate, current and complete information about yourself and maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Katala has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Katala may terminate your user account and refuse current or future use of any or all of the Services.
Administrator Account Obligations.
Upon sign up to a Katala subscription, you may specify one or more administrators. The administrators will have the right to configure the services based on the requirements of the organisation or user(s).
Katala will offer assistance with configuration of your account, such assistance is chargeable and the fee will be determined and agreed prior to sign up.
If your organisation account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your account.
It is your responsibility to enter into a suitable agreement with such third party, specifying the roles and restrictions of the third party as an administrator of your account.
You are solely responsible for ensuring confidentiality of your account password and appointing competent administrators to manage your account. You are responsible to ensure all activities that occur in connection with your account comply with the Katala Terms of Use.
You understand that Katala is not responsible for account administration or internal management of the services, unless explicitly agreed otherwise.
You are responsible for taking appropriate action to ensure that your organisation does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator account by sending an email to support@katala.app prior to such an event, providing the process is accepted by Katala.
In the absence of a specified administrator account recovery process, Katala may provide control to an individual subject to receiving satisfactory proof the individual is authorised to act on behalf of the organisation.
You agree not to hold Katala liable for the consequences of any action taken by Katala in good faith in this regard.
Account Suspension and Termination.
We may suspend your user account or temporarily disable access to whole or part of any service in the event of suspected illegal activity, extended periods of inactivity or suspected activity which does not comply with the terms of use. Objections to suspension or disabling of user accounts should be made to support@katala.app within 30 days of being notified about the suspension.
We may terminate a suspended or disabled user account after thirty days, we will also terminate your user account should you request us to do so. We reserve the right to terminate your user account and deny services upon reasonable belief that you have violated the Terms of Use policy. We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days.
Termination of your user account will include denial of access to all services, deletion of information and deletion of all data in your user account.
Changes to the Terms of Use.
We may update our Terms of Use from time to time, you will be notified through a service announcement sent to you by email to each user’s primary email address.
If we make significant changes to the Terms of Use that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Katala with notice within 30 days of being notified of the modified Terms in the case of the Terms of Use being changed in a manner that substantially affects your rights in connection with the use of the Services. You must notify Katala via email to support@katala.app . In the event of such termination, you will be entitled to a prorated refund of the unused portion of any prepaid fees.
Your continued use of the service following the effective date of any change to the Terms of Use will be deemed to be your agreement to the modified Terms.
Communications.
Your subscription may include certain communications from Katala, such as service announcements, administrative messages and newsletters.
You accept that these communications are considered part of using the services. You can however, if you prefer, decide to opt out of the marketing newsletters; as part of our privacy policy.
Complaints.
If we receive a complaint from any person against you in regard to your activities as part of using our services, we will forward the complaint to the primary email address of your user account.
You must acknowledge and respond to the complaint within 10 days of receiving notification, and copy Katala in the communication.
If you do not respond to the complaint within 10 days of receiving the notification from Katala, we reserve the right to disclose your full name and contact information to enable the complainant to pursue legal action against you.
We reserve the right to suspend your account until we are satisfied appropriate action has been taken to a resolution. We reserve the right to deactivate your account if the complaint provides evidence that you’re violating the Terms of Use of the services.
Trademark.
Katala, Katala logo, Hut Forty Two, Hut Forty Two logo, the names of individual services and their logos are trademarks of Hut 42 Services Ltd. You agree not to display or use the Katala and Hut Forty Two trademarks without Hut 42 Services Ltd’s prior permission.
Katala shall have the right to use or allow the use of any trademarks owned by you for the purpose of providing services to you. Katala will not gain any rights over such trademarks by virtue of such use, but shall be entitled to use the trademarks both during the production and supply of services; as well as to promote and advertise their work.
It is your responsibility to ensure that all domain names used in connection with the user account are properly registered and do not infringe any third party rights and that any trademarks provided to Katala are used in a manner which neither undermines your rights nor infringes any third party rights.
Limitation of Liability.
You agree that Hut 42 Services Ltd shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if Hut 42 Services Ltd has been advised of the possibility of such damage. In no event shall Hut 42 Services Ltd’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.
Indemnification.
You agree to indemnify and hold harmless Katala and Hut 42 Service Ltd, it’s directors, employees, suppliers and affiliates from any losses, damages, fines and expenses (including solicitor’s fees and costs) arising out of or relating to any claims that you have used the services in violation of another party’s rights, in violation of any law, in violation of the terms or any other claim related to your use of the services, except where authorised by Katala.
Invoicing and Payments.
The services are available under subscription plans of various tiers and durations.
Invoices will be sent via email to the Customer’s email address specified in this Agreement. The Customer may choose to receive hard copies of the invoices by post, subject to giving prior written notice.
Following the trial period a one-off setup fee may become chargeable, along with a monthly subscription fee. Such fees will be agreed with you prior to the trial commencing. You are required to pay the sums in full within 30 days from the date of the invoice. the user account will not be available to the user until we receive payment of the fees in cleared funds.
Amounts payable under these terms shall be paid into the bank account on the Supplier’s invoice.
From time to time, we may change the price of any service or charge for use of services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any service unless you have opted for a paid subscription plan.
Your subscription will be automatically renewed at the end of each subscription period unless you request to change your paid subscription plan or inform us that you do not wish to renew the subscription.
If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorised Katala to invoice the subscription fee to the email address provided last used by you. It is your responsibility to provide an appropriate billing email address.
