Terms of Service
5. Data Rights, Uses, and Limitations

5. DATA RIGHTS, USES, AND LIMITATIONS

  • 5.1 Client Materials. As between Konnect.io and you, you will at all times retain ownership of Client Materials. You hereby grant to Konnect.io a nonexclusive, worldwide, royalty-free, fully paid, transferable license to host, cache, record, copy, view, use, and display Client Materials for the purpose of providing the Services to you and for internal use by Konnect.io (such as for the billing, activation, provision, maintenance, upgrades, updates, deactivation and/or use of the Services and/or related products and/or services). You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and right to use such Client Materials. Konnect.io does not guarantee the security or availability of Client Materials and is not responsible for any loss of damage to Client Materials. You acknowledge and agree that you bear sole responsibility for adequately controlling, processing, storing, and backing up Client Materials. Konnect.io reserves the right, but not the obligation, to refuse to post or to remove any information or materials, in whole or in part, that Konnect.io believes to be unacceptable, undesirable, or in violation of this Agreement or the rights of third parties.
  • 5.2 Client Materials Representations. You represent, warrant, and covenant that you will not publish, post, upload, record, or otherwise distribute or transmit any Client Materials or other content that: (1) infringes or would infringe any copyright, patent, trademark, trade secret or other Intellectual Property Rights or proprietary right of any party, or any rights of publicity or privacy of any party; (2) violates any law, statute, ordinance, or regulation; (3) is inappropriate, profane, defamatory, libelous, obscene, indecent, threatening, harassing, or otherwise unlawful; (4) is harmful to minors or otherwise pornographic; (5) is materially false, misleading, or inaccurate; and/or (6) contains information for which you not have the right to permit Konnect.io or third party data purchasers to access and process. You further represent and warrant that you have acquired all legally required consents, releases, and authorizations (freely given and fully informed) from all persons, as applicable, necessary to provide Client Materials to Service. You will indemnify, defend, and hold Konnect.io harmless from and against any and all claims, allegation, investigations, administrative actions, private rights of action, and all damages, fines, fees, losses, penalties, and costs (including reasonable attorney and special witness fees) arising from or related to a claimed breach of state or federal data privacy or wiretapping laws caused by your failure to gain proper consent for the use of Client Materials in connection with Konnect.io’s Service. The foregoing indemnification shall survive termination or expiration of this Agreement.
  • 5.4 Usage Data and Aggregated Statistics. Konnect.io may generate de-identified data, statistics, and other performance or usage-related information (collectively, “Usage Data”) in the course of providing the Services to you, which may be derived from (but will not include) Client Materials. You acknowledge and agree that, as between you and Konnect.io, all Usage Data is and shall be and remain the property of Konnect.io. Konnect.io may use, aggregate, and share Usage Data for the purposes of providing the Services, conducting research, preparing industry benchmarking reports, product development, and other commercial uses subject to applicable law. Konnect.io will ensure that Client and its Authorized Users cannot be identified through the Usage Data or any derivative thereof.
4. Intellectual Property Rights6. Fees and Payment