Privacy Policy

 
KAMBA PRIVACY POLICY

Effective Date: Last Updated on November 1, 2022

In this Privacy Policy, we, Kamba Group LLC (“Kamba” or “we” and sometimes “us”), describe the types of Personally Identifiable Information (defined below) we collect; how we use, process, or share that information; and what rights you have while we hold that information.

We take the private nature of your Personally Identifiable Information (defined below) very seriously and are committed to protecting it. To do that, we've set up procedures to ensure that such information is handled responsibly and in accordance with applicable data protection and privacy laws. Your trust is paramount to us, and we act accordingly.

This Privacy Policy describes what information we collect when you use our Sites (defined below), how we use that information, and what choices we offer you to access, update, and control it.

What Type of Information is Covered by this Policy

"Personally Identifiable information" (“PII”) is any information that we could use to identify an individual, including, for example, their name, address, geographic location of their computer or mobile device, telephone number, credit card number, email address and bank account information. It does not include Personally Identifiable Information that is encoded or anonymized (such as through encryption or hashing), or publicly available information that has not been combined with non-public information.

"Sensitive Personally Identifiable Information" is information that meets the "Personally Identifiable Information" criteria outlined above and also (i) reveals race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or (ii) concerns health or sex life, information about Social Security benefits, or information on criminal or administrative proceedings other than in the context of pending legal proceedings. We will never ask you to share sensitive Personally Identifiable Information with us, but if it is shared with us, this Privacy Policy applies.

What does this Policy Cover?

This Privacy Policy covers your use of Kamba websites, including sites located on Kambagroup.com and any other pages that link to this Privacy Policy (the “Sites”), as well as Account Information and Usage Data (each defined below). This Privacy Policy does not cover any other data submitted through or otherwise made available to Kamba or other written agreement in place between Kamba and our platform customers (“Customers”), or any other data collection and processing, including, without limitation, data that we collect offline.

Customers are solely responsible for establishing policies for and ensuring compliance with all applicable laws and regulations, as well as any and all privacy policies, agreements or other obligations relating to such Customers’ use or collection of personal data in connection with the use of our platform services (the “Platform Services”) by individuals with whom our Customers interact. If you are an individual who interacts with a Customer using our Platform Services or you otherwise believe that a Customer uses our Platform Services to process your personal data, and you contact us regarding this data, you will be directed to contact the applicable Customer for assistance with any requests or questions relating to your personal data, including without limitation any requests to access, amend or erase your personal data.

What information do we collect and how?

We collect information and data from you in two ways. First, we collect information you manually provide to us, including registration information like your name and email address. Second, we collect information automatically from your use of our Sites and Platform Services, including how and when our Sites and Platform Services are used.

Information you submit or make available.

If you create an account for our Platform Services or otherwise create an account through our Sites, we may ask, and in some cases require, you to enter certain personal data such as your name, email address, phone number, physical address, gender, job title, job role, company name, company size and other information relating to your proposed use of our products and services. You will know which data categories you provide to us, because you will affirmatively enter and submit the data. Any such information you provide us in connection with the registration for our Platform Services is deemed “Account Information.” Kamba may receive information from third parties regarding the companies and users who use our Sites and Platform Services and may combine such information with the information we receive or collect from you.

Information we collect about your use of our Sites.

When you use our Sites, your device automatically generates and provides data to us. We collect and use such data to help us to understand how you are using our Sites, and how to better provide those Sites to you.

When you use the Sites, we use standard automated data collection tools such as cookies, web beacons, tracking pixels and the like (“Web Data”). While the vast majority of Web Data is not personal data, some Web Data may include certain information which may be considered personal data depending on where you live, like a User’s IP address. To the extent Web Data contains personal data, it will be treated as personal data under this Privacy Policy.

Information we collect about your use of our Platform Services.

When you use our Platform Services, information and data gets automatically generated and collected that can help us to understand how you are using our Platform Services, and how to better provide the Platform Services to you.

When you use the Platform Services, we automatically record information about how our users (both account holders and other users on an account) (“Users”) use the Platform Services (“Usage Data”). Most Usage Data is not personal data, and includes information like browser type, operating system, the pages or features of our Platform Services accessed or used by User and the time spent on those pages or features, search terms entered into our Platform Services to browse, commands executed when using our Platform Services, information about the types and size of files analyzed via the Platform Services, and other statistical information. Some Usage Data may include certain information which may be considered personal data depending on where you live, like a User’s IP address. To the extent Usage Data contains personal data, it will be treated as personal data and is covered under this Privacy Policy.

How do we use the information we collect from you?

We may use your personal data for the following purposes:

• to provide, maintain, improve and update the Sites, the Platform Services, and our services;

• to develop new products and services;

• for billing, payment, or account management; for example, to identify your account and correctly identify your usage of our products and services;

• to investigate security issues, prevent fraud, or combat the illegal use of our products and services;

• to provide you with support and respond to your questions, comments, and requests, including to keep in contact with you regarding the products and services you use;

• to tailor and send you newsletters, emails and other content to promote our products and services (you can always unsubscribe from our marketing emails by emailing us at privacy@kamba.com and to allow third-party partners to send you marketing communications about their services, in accordance with your preferences;

• to generate and analyze statistical information about how our Sites and Platform Services are used in the aggregate;

• where Kamba otherwise has a legitimate interest or lawful business purposes;

• where required by applicable law, legal process, or government regulation; or

• where you have given consent.

How do we share your information?

We may share your personal data with third parties as follows:

• with businesses and service providers that help us conduct our business, subject to confidentiality obligations and the requirement that those businesses and service providers do not sell your personal data;

• with our trusted partners such as with third-party partners who are working with us to enable them to contact you about their services but only where we have a lawful basis to do so (such as your consent where required by applicable law);

• when necessary to deliver our products and services, such as with a payment card provider to process your credit card transaction;

• where you have instructed us to share your personal data, such as to provide you with support;

• when authorized by law or necessary to comply with a legal process;

• when required to protect and defend the rights or property of Kamba, our Customers, vendors or other users of our Sites, including the security of our Sites, products and services (including the Platform Services);

• when necessary to protect the personal safety, property or other rights of the public, Kamba or its customers or employees;

• where you have consented to the sharing of your information with third parties; or

• in connection with a sale or reorganization of all or part of our business.

Kamba does not ‘sell’ personal information of California consumers (as defined in the California Consumer Privacy Act (CCPA)) and we will not do so without offering you the right to opt out of any ‘sale’.

What rights do you have over your information?

We offer you choices regarding the collection, use and sharing of your personal data and we will respect the choices you make. Where you have consented to Kamba’ processing of your personal data, you may withdraw that consent at any time by contacting privacy@kamba.com with the subject “Withdraw Consent”. Please note that if you decide not to provide us with your personal data, you may not be able to access the Platform Services or certain features of the Sites.

Opt Out of Certain Communications.

We may periodically send you free communications that directly promote our products and services. When you receive such promotional or marketing communications from us, you will have the opportunity to opt out (either by following the unsubscribe instructions in the communication you receive or by emailing us at privacy@kamba.com. We may also send you certain necessary communications regarding your use of our products or services and you may not be able to opt out of those communications; for example, we may need to send you communications regarding updates to our terms, this Privacy Policy, or relating to payment and billing.

Rights of Access, Modification, Deletion and Restriction of Your Information.

If you are located in certain parts of the world, including the European Economic Area, the United Kingdom, and certain other legal jurisdictions (for example California), you may have certain rights in relation to certain of your personal data. Those rights may include asking us to provide information (including categories of sources), access, export, modification, deletion, or to restrict processing of certain of your personal data. If you wish to exercise these rights, please email us at legal@kamba.com.

Kamba may take certain steps to verify requests submitted using information available to us, including your email address and any information associated with your account. Where allowed, we may ask you to provide your government identification to verify your account. Personal data you provide to us for verification will only be used to verify and maintain records regarding your request.

We will endeavor to promptly respond to your request. Although Kamba makes good faith efforts to provide users of our Sites and Platform Services with access to their personal data, there may be circumstances in which Kamba is unable to provide access including but not limited to: where the information is legally privileged, would compromise the privacy or other legitimate rights of others, where the burden or expense of providing the information would be disproportionate to the risks to the User’s privacy in the case in question, where the request is manifestly unfounded or excessive or where the information is proprietary. If you request deletion of your personal data, please note that we may continue to retain certain of your personal data in archived/backup copies for our records or as otherwise required or allowed by law.

How long do we store your information?

Kamba may retain the personal data we collect from you as described in this Privacy Policy for as long as you use our services or as necessary to fulfill the purpose(s) for which it was collected, provide our services, resolve disputes, establish legal defenses, conduct audits, pursue our legitimate interests, for our business or commercial purposes, enforce our agreements, and comply with applicable laws.

What steps do we take to secure your Information?

Kamba considers protecting the security of your data to be its number one responsibility. Kamba aligns its security practices to the internationally recognized industry standard code of practice for protecting personal data in the cloud. Kamba encrypts communications you make with our Sites and the Platform Services, for example, entering your username and password or information into forms, using TLS (transport layer security) or other industry standard technologies. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure or safe. Accordingly, we cannot guarantee the absolute security of any information.

What about international data transfer?

Kamba may transfer your personal data to countries other than the one from which you provide it to us. Specifically, if you are located outside the United States and provide your personal data to us, we may transfer your personal data to the United States and process it there, subject to the following safeguards:

• E.U.-U.S. Privacy Shield and Swiss-U.S. Privacy Shield. To comply with European Union and Swiss data protection laws, Kamba adheres to and has self-certified to the EU–U.S. and Swiss-US Privacy Shield Frameworks set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data transferred from the European Economic Area and Switzerland to the United States. Kamba complies with the E.U.-U.S. Privacy Shield in respect of the collection, use and retention of personal data transferred from the United Kingdom to the United States in reliance on the E.U.-U.S. Privacy Shield until such time as a successor framework or other transfer mechanism exists between the U.S. and the U.K.

• If you are a resident of the European Economic Area or Switzerland and feel that Kamba is not abiding by the terms of the Privacy Policy, or is not in compliance with the Privacy Shield Principles, please contact legal@kamba.com with the subject “Privacy Shield”. Kamba will respond to any such requests within 45 days. If Kamba does not resolve your complaint, you may have the possibility, under certain conditions, to invoke binding arbitration through the Privacy Shield Panel. If we receive personal data subject to our certification under the Privacy Shield and then transfer it to a third-party service provider acting as an agent on our behalf, we may have certain liability under the Privacy Shield Principles if both (i) the agent processes the personal data in a manner inconsistent with the Privacy Shield Principles and (ii) we are responsible for the event giving rise to the damage.

• Kamba’ commitments under the Privacy Shield are subject to the investigatory and enforcement powers of the United States Federal Trade Commission. European Union Model Clauses. Kamba offers our Customers the ability to enter into a data processing addendum (DPA) that contains the European Economic Area Model Clauses, also known as Standard Contractual Clauses, to meet the adequacy and security requirements for our Customers with users located in the European Economic Area or are otherwise using Kamba to process any data originating from the European Economic Area. If you represent a Customer that you have determined is subject to the GDPR or other applicable data protection law and you do not yet have in place an updated data processing addendum (DPA) with us, please review and complete the instructions on our DPA.

What about third party services?

We may make available certain features and functionality that allow you to sign into our Sites using third party login credentials (such as LinkedIn, Facebook, Twitter and Google+ and others) or access certain third-party services from our Platform Services (each such third party services, a “Third Party Service”). Any data you submit to any Third Party Services will be subject to the terms of service and privacy policy of such Third Party Service.

We may also link to co-branded websites or products that are maintained by Kamba and one or more of our business partners. Please note that these co-branded websites and products may have their own privacy policy, which we encourage you to read and understand. When you click a link to a third-party site, you will leave our site and we don’t control or endorse anything on third-party sites.

Do we collect children’s data?

Kamba products and services are not directed to children under 18 years of age and Kamba does not knowingly collect personal data from children under 18 years of age. If we learn that we have collected any personal data from children under 18 years old, we will promptly take steps to delete such information. If you are aware that a child has submitted us such information, please contact us at privacy@kamba.com with the subject “Child Data”.

How can we make changes to this Privacy Policy?

Kamba may change this Privacy Policy from time to time by updating this site. If there are material changes to Privacy Policy that may impact your rights, Kamba will attempt to notify you by email or as otherwise required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you visit our Sites or use any of our products or services after such changes have been made. If you do not agree with this policy, do not access or use our Services or interact with any other aspect of our business.  

How can you contact us?

Please contact us at privacy@kamba.com if you have any questions about our Privacy Policy.

KAMBA TERMS AND CONDITIONS

LAST UPDATED ON: NOVEMBER 1, 2022

ACCEPTANCE OF TERMS & CONDITIONS

Kamba Group LLC ( “Kamba” or “we” and sometimes “us”) provide the website www.kambagroup.com (the “Website”) and the Kamba software and services (collectively referred to herein as the/our "Software" or the/our "Services"), subject to your agreement to and compliance with these Terms and Conditions  (the “Terms”).  

If you are using the Software and Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and Kamba for violations of these Terms. Anyone that accesses and/or uses the Website and/or Services is considered a “User” under these Terms. Nothing in these Terms will be deemed to confer any third-party rights or benefits. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE OR ANY CONTENT ON THE SITE. BY ACCESSING THE WEBSITE OR ANY CONTENT ON THE WEBSITE, YOU AGREE TO BECOME BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE THE CONTENT OR ANY SOFTWARE OR SERVICES ON THE WEBSITE. OUR ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY US, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

THIS MIGHT NOT BE THE ONLY AGREEMENT YOU HAVE WITH US

These Terms do not alter the terms or conditions of any other agreement you may have with us for specific Software or Services. It is likely that you have entered into a separate licensing, pilot or services agreement with us. We refer to each of these as a “Separate Agreement.” The Separate Agreement shall take precedence if there is a conflict between those terms and these Terms, to the extent of such conflict and with respect to the particular subject matter of that Separate Agreement.

MODIFICATIONS OF TERMS OF USE

We reserve the right, at our sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, we will notify you by posting an announcement on the Website. What constitutes a “material change” will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. You are responsible for reviewing and becoming familiar with any such modifications. Use of our Website by you following such notification constitutes your acceptance of the Terms as modified.

PRIVACY

By using our Website you acknowledge and accept our Privacy Policy and consent to the collection and use of your data in accordance therewith.

ELECTRONIC COMMUNICATIONS

We use industry standard security measures and take reasonable system, process and administrative precautions to protect the security and integrity of email and other electronic communications that you may send to us. Despite all these precautions, no method of transmission over the Internet is entirely secure and we cannot guarantee the confidentiality or security of the electronic communications or its contents, even if there is a special note that a particular transmission is encrypted. You transmit such information at your own risk and you should decide very carefully which information you want to send us via any electronic communication.

THE SERVICES

Our Service is intended to help any User or legal entity and its employees that source(s) or intends to source external data (“Data Buyers”) and any User or legal entity and its employees that provides or intends to provide data (“Data Vendors”) to share information, connect with, initiate and build business relationships with each other. As a platform, Kamba is a third-party to Users doing business with each other and not involved in any legal relationship between Users potentially resulting from using the Website and/or Services.

CATEGORY LISTINGS

In order to help Data Buyers finding Data Vendors more easily, Kamba curates data categories (“Category”) and lists Data Vendors within a Category at Kamba’s sole discretion. Users may propose the listing of a new Category and/or the listing of a Data Vendor within a specific Category, which Kamba may or may not take under consideration. We don’t guarantee the accuracy of any Category or categorization of Data Vendors.

VENDOR LISTINGS

In order to help Data Buyers discover, learn about, and connect with Data Vendors, we’re offering a Service to list and find Data Vendors (“Vendor Listing”). You can explore, search for, and visit Vendor Listings in order to inform yourself and contact Data Vendors. In case you submit a contact request, you agree that we may share your contact information with employees from the listed company and contact you as well regarding your request. We do not guarantee that your contact request reaches the listed Data Vendor or that you will receive an answer.

Kamba automatically creates, curates, and publishes listings of Data Vendors based on publicly accessible information. We neither guarantee the accuracy or veracity of Vendor Listings, nor do we endorse any Vendor Listing on our Service.

Upon claiming or creating a Vendor Listing, Data Vendors bear the full legal responsibility for ensuring that the content defined by them contains authentic and accurate information and complies with any applicable statutory provisions. Each Data Vendor assures to the best of its knowledge and belief that its data offering protects and does not violate intellectual property and personal rights, as well as all rights of third parties. Furthermore, each Data Vendor ensures that it is the owner or is in legal possession of all necessary rights of all data that it offers. Each Data Vendor is further obliged to not offer data containing malicious programs (viruses, malware, etc.) or any other illegal content.

Users cannot delete Vendor Listings. Kamba may remove Vendor Listings that do not comply with quality standards, contain illegal content, abuse functionalities of the Service, or verifiably don’t offer any data, or for any other reason that Kamba deems appropriate.

PLATFORM LISTINGS

Kamba automatically creates, curates, and publishes listings of platforms, software, and services (“Platform Listing”) that integrate the data of Data Vendors based on publicly accessible information. We neither guarantee the accuracy or veracity of Platform Listings, nor do we endorse any Platform Listing on our Service.

DATA REQUESTS & POSTINGS

Our Service offers Users a way to create Data Requests in order to get in touch with, get contacted by, and receive information from Data Vendors with a matching data offering. We review and publish Data Requests at our sole discretion. Data Vendors may also be invited directly by the User to submit information for a Data Request. Both the User creating the Data Request as well as the Data Vendors accessing the Data Request agree to keep all information exchanged confidential.

USER ACCOUNTS

REGISTRATION OF USER ACCOUNTS

In order to use our Website, you must have a valid account. To acquire an account for the Website, you must provide us with an electronic mail address and other information. You are responsible for maintaining the confidentiality of the access data for your account and are fully responsible for all activities that occur under your account. Any user that creates an account on our Service is defined herein as a “Registered User”. You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section. In consideration of use of the Website, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by our platform, and (b) maintain and promptly update your information to keep it true, accurate, current, and complete.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website and platform (or any portion thereof). We may, at our sole discretion, refuse to offer the Website to any person or entity and change its eligibility criteria at any time.

You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Website is revoked where these Terms are prohibited or to the extent offering, sale or provision of the Software or Services conflicts with any applicable law, rule or regulation.

DATA PROTECTION

By submitting contact information such as but not limited to your name, email address, or phone number, you agree to be contacted by Kamba via email or phone.

If you create a Vendor Listing, you agree to be contacted by Users that express interest in your company or data offering. In case you submit a contact request on a Vendor Listing, you agree that your provided contact information and message will be shared with the company associated with the Vendor Listing and that Kamba or the Data Vendor may contact you regarding your contact request.

In order to run and improve our Service, as well as to provide anonymized insights to Data Vendors, we record the usage of the Service such as the web pages visited by Users or keywords searched for. We do not share personal data of Users with other Users otherwise explicitly requested to do so.

Kamba hereby refers to the separately regulated Privacy Policy, accessible at: https://www.kambagroup.com/.

USER CONDUCT

You will not violate any law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while on the Website. You will not do, and will not allow or authorize any third party to do, any of the following:

• Use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website, or that could damage, disable, overburden or impair the functioning of the Website in any manner;

• Harvest or collect information about other users, including their email addresses, without their consent;

• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;

• Reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);

• Use or attempt to use any account you are not authorized to use;

• Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose without our prior written consent;

• Develop any third-party applications that interact with the Website without our prior written consent;

• Use the Website for any illegal or unauthorized purpose or engage in, encourage or promote any activity that violates these Terms; 

• Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.

Any prohibited use of our Website and/or Services may result in immediate termination of your account.

YOUR OBLIGATIONS TO US

• You will upon request, provide all reasonable assistance to allow us to monitor and audit your compliance with these Terms, and to otherwise enable us to comply with our obligations to third party data providers.

• You will comply with all applicable laws and regulations, including but not limited to privacy and data protection laws when you use the platform services.  You confirm that, when required, you have lawful consent from your customers and consumers to use their data.

• You acknowledge that some data sources require specific restrictions on use, and you agree to comply with any additional terms and conditions specified in any Separate Agreement.

• You understand and acknowledge that we are not a "consumer reporting agency" as defined under the Fair Credit Reporting Act, but a software conduit to data for your benefit.

• You will not disclose, nor permit any person to disclose, to any other person or entity any information we share and such information shall be considered Confidential Information, as defined in a Separate Agreement that you may have with us, and you will protect the Confidential Information with the same degree of care you use to safeguard your own information of a similar character, provided that such degree of care shall not be less than a reasonable degree of care.

• You will implement appropriate administrative, physical, technical and organizational measures, policies and procedures to protect the personal consumer information and the Confidential Information against accidental or unlawful destruction or accidental loss, unauthorized alteration, disclosure or access, and other unlawful forms of processing.

• You will take commercially reasonable measures to prevent unauthorized access to, or use of, such personal consumer information and the Confidential Information.

• You will maintain and enforce secure data destruction procedures to protect the security and confidentiality of all personal consumer information and Confidential Information as it is being disposed.

• You will immediately notify us in writing if you suspect, have reason to believe or receive confirmation that any personal consumer information or any Confidential Information is or has been lost, stolen, compromised, misused or used, accessed or acquired in an unauthorized manner or by any unauthorized person.

• You will comply with all applicable privacy and data protection laws which may apply to the storage or transmission of any personal consumer information and Confidential Information.

• You will comply with all requirements contained in any other Separate Agreement that you have entered into with us.

• You have the right to use the data you upload to Website for the permitted purposes and no other.  You will permit us to access your uploaded data for the purpose of providing our Services to you.

FEES

The use of our publicly accessible Service is free of charge.

BASIC SUBSCRIPTION

When registering on the Kamba Website, you automatically subscribe to our Basic Subscription, which is free of charge. The Basic Subscription offers basic features only available to Registered Users, such as maintaining Vendor Listings, responding to Data Requests (only available to Data Vendors), or bookmarking Vendor Listings.

PREMIUM SUBSCRIPTION

Registered Users may upgrade to the Premium Subscription for an agreed monthly or yearly fee. We may also offer selected Users a temporary Premium Subscription while providing managed services.

MANAGED SERVICES

Kamba offers selected Data Buyers managed data sourcing services (“Managed Services”). Fees for those Managed Services are agreed individually and may entail fixed and/or success-based components.

BILLING

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Kamba cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Kamba at support@kambagroup.com.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Kamba with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Kamba to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Kamba will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

FREE TRIAL

Kamba may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Kamba until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Kamba reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

FEE CHANGES

Kamba, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Kamba will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

REFUNDS

Except when required by law, paid Subscription fees are non-refundable.

OTHER

CHILDREN UNDER THE AGE OF 13

By using the Website (and registering an account on the Website), you represent and warrant that you are at least 13 years of age, and no one under the age of 13 may use the Website.

CONTENT OWNERSHIP AND USAGE RIGHTS

We shall retain all worldwide rights in the intellectual property of the Software and Services and any content on the Website, including, but not limited to, trademarks, the “look and feel” of the Website, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on the Website is copyrighted or otherwise protected and owned by us, or a third party who licensed the right to use such content to us. Unless otherwise expressly noted, nothing that you read or see on the Website or other site content, or any of the source code or HTML code that we use to generate the Website may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without our prior written consent, except as provided in the Terms, without prior written consent or otherwise permitted by relevant law.

USE OF SOFTWARE

Our Software is protected by our applicable copyright, patent or other intellectual property rights or the third-party licensor. You are permitted to use the Software for your legitimate internal business objectives related to your role as a contractor, partner, or current or prospective customer of ours.

You own and retain all rights, title and interest in and to all intellectual property rights embodied in or associated with your data, your client’s or customer’s data, and any and all your products and services.

We own and retain all rights, title and interest in and to all intellectual property rights embodied in or associated with the Software and all modifications, enhancements and derivative works thereof including, without limitation, the Software, and all related inventions, know-how, scores, attributes, data delivery technology, modeling techniques, testing processes, designs, methodologies, software, flow charts, documentation, reports, specifications and all intellectual property rights relating to any of the foregoing, subject to your intellectual property ownership rights in and to any of your data included therein.

LIMITED LICENSE AND RESTRICTIONS

We grant to use, subject to all of the terms and conditions of any other Separate Agreement, a limited, revocable, non-exclusive, non-sublicensable, non-transferable license. You shall not (a) reproduce or modify the Software or Services, (b) rent, sell, lease or otherwise transfer the Software or Services to, or use the Software or Services for the benefit of any third party (c) reverse assemble, reverse compile or reverse engineer the Software or Services, or otherwise attempt to discover any of the source code or our underlying intellectual property.

Our Service allows you to post, link, store, share and otherwise make available certain data, information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Services, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

REMEDIES FOR MISUSE

You agree that any unauthorized use of our Website or its contents or any breach of these Terms may cause immediate and irreparable harm for which money damages may not constitute an adequate remedy. You agree that we may, with or without cause, without prior notice, without liability to you and at our discretion, immediately terminate your access to this Website. You further agree that injunctive relief, in addition to any other remedies available, may be warranted in order to enforce these Terms. You further understand that unauthorized use of this Website may expose you to civil and criminal liability and that we may report violations of these Terms and to and cooperate fully with the appropriate law enforcement authorities concerning any violations hereof.

THIRD PARTY CONTENT

You may gain access through the Website to third party sites or data on the Internet. Third party sites are not within our supervision or control. Unless explicitly otherwise provided, we do not make any representation or warranty whatsoever about any third party site or data that is linked to our Website. We disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content.

INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable user content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

INDEMNITY

You will indemnify and hold harmless Kamba, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorney’s fees and costs) from any claim or demand made by any third party due to or arising out of your access to or use of the Website or any content on the Website, violation of the Terms by you, or the infringement by you of any intellectual property or other right of any person or entity.

In no event shall we, our directors, officers, shareholders, employees, members, agents, consultants, contractors, partners, vendors or service providers (including, without limitation, hosting and telecommunications providers) be liable with respect to the Website for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images or other intangibles; (c) damages for unauthorized use, non-performance of the Website, errors or omissions; or (d) damages related to downloading content. Our collective liability under this agreement shall be limited to five hundred United States Dollars. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply.

WARRANTY DISCLAIMERS

Diligent care has been taken in acquiring and providing the information included and posted on the Website. Nonetheless, we make no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assume no responsibility for any errors or omissions therein. USER ACCESSES THIS WEBSITE AT HIS OR HER OWN RISK. THE WEBSITE AND ALL CONTENT ON THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT OR GUARANTEE THAT THE UNDERLYING DATABASES USED TO PROVIDE THE SOFTWARE OR SERVICES ARE COMPLETE, ACCURATE OR CORRECT AND, ACCORDINGLY, WE DO NOT REPRESENT OR WARRANT OR GUARANTEE THAT ANY INFORMATION PROVIDED BY US IS COMPLETE, ACCURATE OR CORRECT. WE NOR OUR, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM OUR NEGLIGENCE OR OMISSION, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT  LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS WEBSITE. IN NO EVENT WILL WE OR OUR AGENTS, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, AGENTS, OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE WEBSITE.

TRADEMARKS AND TRADE NAMES

The company name, graphics, logos, designs, page headers, button icons, scripts, and other product and service names are the trademarks and trade names of Kamba. Kamba trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

UNITED STATES GOVERNMENT RIGHTS

The Software is a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software”, “commercial computer software documentation” and “commercial services.” If you are a U.S. governmental entity, then you acknowledge and agree that (i) use, duplication, reproduction, release, modification, disclosure, or transfer of the Software and any related documentation of any kind, including, without limitation, technical data and manuals, will be restricted in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes, (ii) the Software were developed fully at private expense and (iii) all other use of the Software except in accordance with the license grant provided above is strictly prohibited.

DMCA NOTICE OF INFRINGEMENT

We respect the intellectual property rights of others, and we expect users of our Website do the same.

If you believe that the use or display of any Content on the Website infringes any copyright that you own or control, please contact our designated agent for copyright claims at:

Kamba Group LLC

227 East 59th Street, 4d

New York, NY 10022

Attn: Legal, DMCA Notice Agent

legal@kambagroup.com

When providing notification of alleged infringement of a copyright that you own or control (“DMCA Notice”), please provide our designated agent the following information:

A description of the copyrighted work that you claim has been infringed and a description of the infringing activity;

A description of where the material that you claim is infringing is located, such as the URL where it is posted;

Your name, address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your DMCA Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and

The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.  

GOVERNING LAW

Terms and the relationship between you and Kamba (including any dispute) shall be governed in all respects by the laws of the State of New York, United States of America, without regard to its conflict of law provisions.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

 MISCELLANEOUS

These Terms constitute the entire agreement between users of the Website and Kamba, and regarding the subject matter hereof. If you breach any term of the Terms, we may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief.  Our remedies are cumulative and not exclusive. Our failure to exercise any remedy or enforce any portion of the Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Users of this Website are responsible for compliance with all applicable regulations and laws.

CONTACT US

Questions or comments about the Website may be directed to Kamba at the email address legal@kamba.com If you believe there is a violation of these Terms and you would like to report it to us, please direct the information to legal@kamba.com. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.