KENV EaaS Terms of Use

Welcome to the Kenv Environment as a Service solution (the “Service”). The EaaS is owned and operated by Kenv Software Inc. (“Kenv”, the “Company”, "we" and "our").

Please carefully read the following terms and conditions (the "Terms" or "Terms of Use"). The Terms constitute a binding agreement between you and the Company. By accessing the Service or by using it in any other manner, you indicate your acceptance of these Terms. If you do not agree to these Terms of Use, you may not access the Service or use it in any manner.

About the Service

Kenv has developed an Environment as a Service (“EaaS”) solution for Dev, QA, Test, Training, Demo, Prod, and Kubernetes environments. The Service is available as a SaaS or on-prem service.

Intellectual Property

The intellectual property rights associated with the Service and any content presented on the Service, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of the Company or its third-party licensors. These rights apply, among others, to information, data and its processing, the Service’s “look and feel”, computer code and any other detail concerning its operation.

You are not allowed to copy, duplicate, distribute, sell, make available, market and translate any information, including trademarks, images, pictures, texts and computer code from the Service, without the Company's explicit prior and written consent.

Trademarks featured on the Service (whether registered or not) are the sole property of the Company and/or its third-party licensors. You may not use them without our prior written consent.

The Service uses or includes open source software components listed within the Service’s documentation (“OSS”). To the extent so stipulated by the license that governs each OSS ("OSS License"), each such OSS is subject to its respective OSS License, not these Terms, and is licensed to you directly by its respective licensor, not sublicensed by us. If, and to the extent, an OSS License requires that these Terms effectively impose, or incorporate by reference, certain disclaimers, provisions, prohibitions or restrictions, then such disclaimers, provisions, prohibitions or restrictions shall be deemed to be imposed, or incorporated by reference into this Agreement, as required, and shall supersede any conflicting provision of this Agreement, solely with respect to the corresponding OSS which is governed by such OSS License.

If an OSS License obligates us to give you a copy of the source code of the OSS, and such copy was not provided to you, we hereby extend to you a written offer, valid for the period specified in the respective OS License, to obtain source code of the OSS from us. To take up this offer, email us at info@kenv.io.

Acceptable Use of the Service

You can only use the Service if you were assigned a user by your organization. Each user is to be used by one (1) person only. You may not allow any third-party to use your user or credentials to access the Service.

In addition, when using the Service, you must refrain from –

  • Breaching theses Terms or any other applicable rules and instructions that we may provide;

  • Interfering with, burdening or disrupting the functionality of the Service;

  • Breaching the security of the Service or identifying any security vulnerabilities in it;

  • Circumventing or manipulating the operation, or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;

  • Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Service;

  • Displaying the Service or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Service;

  • Displaying content from the Service in any way; including by any software, feature, gadget or communication protocol which may alter the content or its design;

  • Accessing or using the Service in order to develop or create a similar or competitive product or service.

  • Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;

  • Collecting, harvesting, obtaining or processing personal information of or about other users of the Service;

  • Engaging in any activity that constitutes a criminal offense or gives rise to civil liability; or

  • Violating any applicable law.

WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY SUSPEND OR TERMINATE YOUR USER ACCOUNT, OR BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR ABUSIVELY.

Confidentiality

You agree to regard and retain as confidential and not divulge to any third party, or use for any unauthorized purposes, any Confidential Information of Kenv, as defined below, that you acquire during your access and use of the Service without the written approval consent of the Company. Without limiting the scope of this duty, you agree not to design or develop any products or services, which incorporate any Confidential Information. All Confidential Information remains the property of the Company and no license or other rights in the Confidential Information is granted hereby.

“Confidential Information” shall include, but will not be limited to, information regarding research and development related to the Service, inventions, whether patentable or non-patentable, discoveries, innovations, designs, drawings, sketches, diagrams, formulas, computer files, computer programs, hardware, screen shots, software, manuals, selection processes, data, planning processes, trade secrets, business secrets, business plans, copyrights, proprietary information, processes, formulae, know-how, improvements and techniques and any other data related to the Service and its users. Confidential Information will include information in written, oral and/or any other form of communication.

Changes and Availability

From time to time, we may change the Service's structure, layout, design or display, as well as the scope and availability of the information and content therein, without prior notice. Changes of this type by their very nature may result in glitches or cause inconvenience of some kind.

The operation of the Service depends on various factors such as software, hardware and communication networks of the Company, its contractors and suppliers. By their nature, these factors are not fault free.

YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.

The availability, quality and functionality of the Service depends on various factors, including software, hardware, communication networks, and the quality of broadband/cellular/WiFi network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free.

WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.

Age Restriction and Eligibility

If you are under the age of 18, you may not use the Service in any way. By using, accessing or registering with the Service, you declare that you are 18 years of age or older.

We reserve the right to terminate an account, if we find that you are younger than the minimum age specified above. We may request additional information to confirm your age at any time.

Changes to the Terms

From time to time, the Company may change the Terms. Changes will take effect 7 days after their initial posting on the Service, unless the Company amends the Terms to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting, or as required.

Disclaimer of Warranty

YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS BEING PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. YOU WILL HAVE NO PLEA, CLAIM OR DEMAND AGAINST THE COMPANY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS (“STAFF”), IN RESPECT OF THE SERVICE'S FEATURES, CONTENT, LIMITATIONS OR COMPATIBILITY WITH YOUR NEEDS. YOUR USE OF THE SERVICE AND THE INFORMATION CONTAINED IN IT, IS AT YOUR FULL AND EXCLUSIVE RISK. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. 

THE COMPANY does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of the SERVICE, information AND CONTENT obtaind from the SERVICE or linkS to OTHER WebSiteS.

Limitation of Liability

to the greatest extent permissible under applicable law, THE COMPANY, ITS EMPLOYEES, OR ANYONE ON ITS BEHALF SHALL NOT BE LIABLE TO YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS, INCLUDING LOSS OF PROFIT AND LOSS OF DATA, COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE SERVICE, ITS CONTENT, THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR FROM ANY COMMUNICATION WITH THE COMPANY, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT OR INFORMATION.

Applicable Law and Jurisdiction

These Terms shall be governed solely by the laws of the State of New York without regard to its conflict of law provisions.

The state court in New York County in the State of New York and the federal district court for the Southern District of New York shall have sole and exclusive jurisdiction and venue over any claim in connection with the Website or in respect of any matter relating to these Terms.

Contact Us

You may contact us with any questions or comments, at:  info@kenv.io.

Last Updated: November 12, 2020.