Terms

1 KINZEN LTD TEST LAUNCH - TERMS OF SERVICE

2 Last Updated: October 2018

1 KINZEN LTD TEST LAUNCH - TERMS OF SERVICE

2 Last Updated: October 2018

3 Who We Are

3.1 [Kinzen Ltd] is registered in Ireland and we have our registered office at 47 Merrion Square East, Dublin 2, Ireland (“we”, “us” or “our”).

4 Our Agreement With You

4.1 These Terms of Service set out the terms and conditions of access and use by you (“You” or “Your”) of our app in test mode and govern any and all discussions (whether on our online forum or other written or oral means), content, software, features, activities and products and related technology made available by us online (collectively the “Launch”).

4.2 By accessing or using the Launch You are agreeing to adhere to and be legally bound by these Terms of Service and all terms (the “Terms”). You should therefore read these Terms carefully and in their entirety before using or accessing the Launch. If You do not agree to these Terms of Use, then you must immediately discontinue use of the Launch and should not access or use the Launch.

4.3 To the extent permitted by applicable law, we have the right to change or add to the Terms at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Launch with notice that we in our sole discretion deem to be reasonable in the circumstances, including by placing a notice on our website [www.kinzen.com] (as that URL is updated from time to time) or any other website maintained or owned by us. Any use or access by You of the Launch after our publication of any such changes or providing notice shall constitute your acceptance of the Terms as modified. We do not guarantee that you will be selected to participate in the testing of the Launch.

5 Setting Up An Account

5.1 You must register an account with us before You can access and use the Launch. You must provide the information requested during registration, such as your name and other personal details. You must provide accurate and complete information and keep it up-to-date.

5.2 You are solely responsible for all actions and activity that happen under your account with us, including for any action by those you have granted access to. We may suspend or terminate any user account if we believe they have submitted false, inaccurate, or incomplete information. You are responsible for keeping any passwords safe and for restricting access to the Launch from your and computers and devices. You shall immediately notify us of any unauthorised use of your account or password or any other breach of security.

6 Launch

6.1 We grant You a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Launch, subject to the terms and conditions set out in the Terms. You may need to accept and install updates to the Launch from time to time to continue your use of the Launch.

6.2 Except for the limited rights and license granted to You herein, You acknowledge and agree that as between the parties, We retain all rights, title and interest, including all intellectual property rights, in the Launch.

6.3 To the extent that You acquire any right, title or interest, including any intellectual property rights, in modifications to the Launch or to any materials related to the Launch, You irrevocably and unconditionally assign that right, title and interest to us, including all moral rights. You agree to, at your cost, do all things necessary to give effect to the assignment in clause 4.3.

6.4 You may not copy, reproduce in any form, store in a retrieval system or database, modify, disassemble, create other works from, make improvements to, decompile or reverse engineer all or any portions of the Launch. You agree not to remove, deface or obscure our copyright, trademark notices and/or proprietary notices on the Launch and any copies thereof. You may not use the Launch in any manner which could damage, disable, overburden or impair it or any other party’s computer systems or network, or hack or gain unauthorised access to the Launch and our materials or data. You may not use any automated system or software to extract data or information from the Launch for display on any other website. You must not use or access the Launch in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

7 Confidentiality and Publicity

7.1 You agree to keep all information about the Launch confidential, including but not limited to commercial and pricing information, performance capabilities, data, code, know-how, scripts, tools and methods. You must not issue any press release or make any other public statements regarding the Launch or these Terms or your relationship with us without our prior written approval.

7.2 If You provide any feedback, ideas, comments and suggestions to us regarding the Launch during the Term (“Feedback”), such Feedback shall become the property of us and we are free to use the Feedback without any additional compensation to You and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone.

8 Your Responsibilities

8.1 When accessing or using the Launch, You must (a) comply with all applicable laws and regulations; (b) make sure appropriate security measures are implemented and managed on your own systems which interface with the Launch; (c) on request provide reasonable assistance to us in connection with the set-up and operation of the Launch; and (d) co-operate fully with us and our business partners to help reduce, prevent, or investigate fraudulent activity in connection with the Launch.

9 Privacy Policy

9.1 You should read our Privacy Policy which is available at [URL] [and our Cookies Policy which is available at [URL]], which are incorporated into and form part of these Terms.

10 Term and Termination

10.1 Unless terminated earlier in accordance with these Terms, these Terms shall commence upon the date You agree to these Terms and shall continue until they are terminated in accordance with their terms. Clauses 4, 5, 6, 7, 8, 9 and 10 shall survive termination of the Terms.

10.2 To the extent permitted by applicable law, we reserve the right, at any time, in our sole discretion, without reason, to, suspend, withdraw or amend access to, and/or any services we provide on, the Launch without notice or liability. From time to time, for operational reasons, we may restrict access to all or some parts of the Launch, or the entire Launch, to users.

10.3 If these Terms are terminated: (a) any rights granted under these Terms will end; (b) You will lose all access to the Launch and we may delete all information or data stored in your account; and (c) we will not be liable to You or any third party for compensation, reimbursement or damages for any termination or suspension of the Launch or for deletion of your information or account data.

11 Warranty and Liability

11.1 The Launch is intended for evaluation and testing purposes only and we are not obliged to provide any support or further development. Accordingly, access and use of the Launch is entirely at your own risk and you assume full responsibility for its use and risk of loss resulting from the use of, viewing, access to, relying on or downloading of the Launch and/or any of our related technology and materials. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LAUNCH AND OUR RELATED TECHNOLOGY AND MATERIALS ARE PROVIDED “AS IS,” WITHOUT UNDERTAKING, REPRESENTATION OR WARRANTY OF ANY KIND AND WE EXCLUDE ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AMD AGAINST INFRINGEMENT). WE MAKE NO UNDERTAKING, REPRESENTATION OR WARRANTY: (A) IN CONNECTION WITH THE LOCATION, COMPLETENESS OR ACCURACY, RELIABILITY OR TIMELINESS OF THE LAUNCH OR ANY RELATED TECHNOLOGY AND MATERIALS; OR (B) THAT THE LAUNCH WILL BE UNINTERRUPTED, FREE FROM DEFECTS, ERRORS, VIRUSES, BUGS OR OTHER HARMFUL ELEMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WE EXPRESSLY EXCLUDE: (A) ALL DIRECT AND INDIRECT LIABILITY, LOSSES OR DAMAGES INCURRED BY YOU, OR ANY OTHER PERSON, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THE LAUNCH; AND (B) ANY LOSS OF PROFITS, INCOME OR REVENUE; BUSINESS INTERRUPTION; LOSS OF OR CORRUPTION OF DATA; OR LOSS OF GOODWILL EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR ANY OTHER LEGAL THEORY.

12 Some Final Terms

12.1 In the event that any provision of the Terms shall be found unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

12.2 Any waiver by either party of any default or breach under these Terms shall not constitute a waiver of any provision of these Terms or of any subsequent default or breach of the same or different kind.

12.3 Neither party’s failure nor neglect to enforce any term or rights under these Terms will be deemed to be a waiver of that party's rights. If you are a consumer, these Terms shall not prejudice the statutory rights of any party dealing as a consumer.

12.4 The parties are independent contractors and nothing in these Terms shall be deemed to constitute a partnership or joint venture between the parties or constitute any party to be the agent of the other party for any purpose.

12.5 These Terms constitutes the entire agreement between us and You relating to the Launch and supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Launch.

12.6 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Ireland. Each Party irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.

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