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Below is a formalized final version of the Terms of Service for Kanaries Data Inc., refined for clarity, formality, and completeness. This document should still be reviewed by a legal professional to ensure it meets all legal requirements and accurately reflects your company's policies and procedures.

Kanaries Data Inc. Terms of Service

Effective Date: 2024-03-19

Welcome to Kanaries Data Inc. ("Kanaries", "we", "us", "our"), a company registered in Delaware, United States, dedicated to providing state-of-the-art data analysis, visualization, and management solutions through our cloud-based Software as a Service (SaaS) platform, Open API, and Software Development Kit (SDK). These Terms of Service ("Terms") govern your access to and use of our services, and by accessing or using our services, you ("User", "you") agree to be bound by these Terms and our Privacy Policy.

1. Overview of Services

1.1 SaaS and Open API

Our cloud-based SaaS platform and Open API are designed to facilitate efficient and seamless data management and integration between your applications and our services, enhancing your data analysis and visualization capabilities.

1.2 Software Development Kit (SDK)

We provide an SDK for the local integration of our services into your applications. This SDK includes libraries, tools, and comprehensive documentation necessary for such integration.

2. Licensing Terms and Usage Restrictions

2.1 Grant of License

Subject to the terms herein, Kanaries grants you a non-exclusive, non-transferable, and revocable license to use our SaaS platform, Open API, and SDK.

2.2 Subscription to SDK

Access to our SDK is provided on a subscription basis, with the option to select between monthly or annual payment plans. This subscription permits use of the SDK during the subscription term but does not confer ownership of the SDK or any related intellectual property rights to the subscriber.

2.3 Usage Restrictions

You are expressly prohibited from:

  • Reselling, leasing, or sublicensing our SDK to any third party.
  • Creating derivative works of our SDK intended for resale or distribution, such as simple wrappers.
  • Removing, obscuring, or altering any proprietary notices, including but not limited to, Kanaries Data Inc.'s logos on any components of the SDK, unless you have purchased a white-label solution allowing for such modifications.

3. Provisions for Enterprise Customers

3.1 Default Service Offering

For enterprise customers, our services are provided by default with access only to our SDK and API. These services do not include the provision of end-to-end solutions or the development of customized implementations.

3.2 Customization and Development Services

Enterprise customers requiring customization or specific development services beyond the standard offering must engage such services separately. These additional services will be subject to separate terms and fees.

4. Use of Brand and Logos

By purchasing services from Kanaries Data Inc., you grant us permission to use your brand and logos as customer examples in our public communications. If you wish to withhold this permission, you must contact our sales team to arrange for a special contract that excludes this provision.

5. Intellectual Property Rights

All rights, title, and interest in and to the services, including any intellectual property rights therein, are and will remain the exclusive property of Kanaries Data Inc. and its licensors. The Terms do not transfer any rights of ownership or proprietary interests in the services or any related intellectual property to any user.

6. Termination

Kanaries reserves the right to terminate or suspend your access to the services without prior notice for any breach of these Terms. Upon termination, your right to access and use the services will immediately cease, and you must cease all use of the services and delete all copies of the SDK.

7. Modification of Terms

kanaries data inc. reserves the right to modify these Terms at any time. We will provide notice of these changes by posting the revised Terms on our website or through other appropriate communication channels.

8. Governing Law

These Terms and your use of the services will be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any principles of conflicts of law.

9. Contact Information

If you have any questions about these Terms, please contact us at support@kanaries.net.