Effective on October 1, 2020

Please read these Terms of Use (“Terms”) before You download, purchase or use the KafkaIDE Platform.

By purchasing a subscription for or using the KafkaIDE Platform, or by purchasing a License Key for the KafkaIDE Desktop Application, You agree without reservation to be bound by the Agreement. If You do not agree with the terms of the Agreement, please do not purchase or use the KafkaIDE Platform.

If You accept the terms and conditions in the Agreement on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in the Agreement on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

You may not accept the Agreement if You are not of legal age to form a binding contract with KafkaIDE Ltd.

General

These Terms apply to any licenses granted to You by KafkaIDE Ltd. for the use of the KafkaIDE Platform.

By checking the acceptance box when registering for a subscription to use the KafkaIDE Platform, by purchasing a License Key, or by starting to use the KafkaIDE Platform, You enter into an agreement with KafkaIDE Ltd. for the use of the KafkaIDE Platform as of that date (“Effective Date”). Your agreement with KafkaIDE Ltd. is governed by these Terms as well as the KafkaIDE Policies that are thereby accepted by You and includes any other (commercial) arrangements made between KafkaIDE Ltd. and You (“Agreement”).

You acknowledge that these Terms may be modified from time to time. Such modifications will be effective upon posting on https://kafkaide.com/ or otherwise notifying You, e.g. by using the email address used for Your registration or purchase. If You do not agree with modifications to these Terms, You can terminate this Agreement in accordance with clause “Suspension, Termination and Consequences of Termination“.

Definitions

In these Terms, the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise

  • “You” — you, the final and ultimate user of the KafkaIDE Platform or the authorized representative of a company or other legal entity that will be the final and ultimate user of the KafkaIDE Platform, and the company or other legal entity that will be the final and ultimate user of the KafkaIDE Platform, if applicable.
  • “Agreement” — the agreement between KafkaIDE Ltd. and You;
  • ”Comments” — any comment, opinion, advice, suggestion, recommendation or critic.

Suspension, Termination and Consequences of Termination

The Agreement shall terminate:

  • If You terminate the Agreement at Your convenience immediately or at a later date specifically indicated by You; Your termination shall not affect any of Your existing payment obligations;
  • If KafkaIDE Ltd. discontinues Your use of the KafkaIDE Platform or terminates the Agreement for convenience upon reasonable period prior written notice (including email or text message) to You.

KafkaIDE Ltd. is entitled to terminate any subscriptions for the KafkaIDE Platform, including trials, Full versions and Trial versions, during the license term with immediate effect and without prior notice in the event You fail to comply with the Agreement, in the event You fail to pay Your fee for the applicable payment term, in the event You fail to pay Your fee within the applicable payment term, or in the event KafkaIDE Ltd. is required to do so by law or an order of an applicable court.

On the effective date of termination of your right to use the KafkaIDE Platform:

  • You shall cease use of the KafkaIDE Platform;
  • Your right to access and use the KafkaIDE Platform shall terminate

Indemnification

You shall indemnify KafkaIDE Ltd., its affiliates, personnel, subcontractors and agents from and against any and all losses, damages, liabilities, claims, demands, suits, expenses and any other out-of-pocket costs (including reasonable attorney’s fees and expenses) which KafkaIDE Ltd., its affiliates, personnel, subcontractors or agents may incur or be liable for arising out of or in connection with, directly or indirectly, breach of the Agreement and/or the use of the KafkaIDE Platform, including KafkaIDE Cloud and its trials, the Desktop Application, including the Trial version and Full version, and the License Key, and/or Agreement by You, including but not limited to any product liability claims, even if such a claim alleges that KafkaIDE Ltd. was negligent regarding the design or manufacture of the KafkaIDE Platform.

Plan Terms

You can start a Plan via https://www.kafkaide.com/ or within the KafkaIDE Desktop Application.

KafkaIDE may, in its sole discretion, make available free or paid trial offers for a monthly or annual membership plan, the terms of which will be more fully explained on the KafkaIDE Service (a "Trial Offer"). You must have a valid payment instrument, such as a credit card or other permitted payment method, on file in your KafkaIDE Account in order to initiate a Trial Offer. KafkaIDE may request a temporary authorization from the financial institution issuing your credit card or other payment instrument in order to confirm the validity of the credit card or other payment instrument to verify your eligibility to participate in any Trial Offer. Any Credits issued in connection with a Trial Offer or KafkaIDE Content purchased with such Credits are issued and provided subject to such verification and may be revoked by KafkaIDE in the event that such verification fails. Upon expiration of the trial, you will automatically be joined into the related membership plan and KafkaIDE will charge your default payment instrument the relevant monthly fee or annual fee, as applicable. If your default payment method is declined for any reason, KafkaIDE may charge any payment instrument on file with your Amazon account. YOU MUST CANCEL YOUR MEMBERSHIP PRIOR TO THE END OF THE TRIAL OFFER TO AVOID CHARGES. Trial Offers are limited to one per individual.

Comments

KafkaIDE Ltd. is not responsible and liable for Comments posted by You or third parties, including Comments with respect to the Content. KafkaIDE Ltd. does not endorse the Comments or any advice, suggestion or opinion expressed in the Comments.

You shall not post Comments that:

  • are factually inaccurate, offensive, indecent, or otherwise objectionable;
  • (in part) consist of advertisements or promotions; or
  • are otherwise in violation of the Agreement.

KafkaIDE Ltd. reserves the right to remove Comments which are in violation of the Agreement at any time, without prior notice and at its sole discretion. Once Comments are shared with a Team, they may be accessible by users with whom You are in a Team and persist after termination of Your Agreement in accordance with clause 14.

Use of Data

KafkaIDE Ltd. and its subsidiaries may periodically collect and use technical and related data concerning the Desktop Application You have licensed, including about the version number of the Desktop Application You have installed and about the system You have installed the Desktop Application on. KafkaIDE Ltd. will use such data to facilitate maintenance and support with respect to the Desktop Application, to improve its products and to provide further services or technologies to You.

KafkaIDE Ltd. may process Your personal data in order to provide the License Key, to provide maintenance and support to You with respect to the Desktop Application, and to comply with its obligations under these Terms. Please see our privacy statement for more details on the processing of Your personal data that KafkaIDE Ltd. has collected and received through its website.