Kyso Terms of Service


Definitions

The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Kyso Privacy Statement, available at kyso.com/privacy) and procedures that we may publish from time to time on the Website.

The “Service” refers to the applications, software, products, and services provided by Kyso.

The “Website” refers to Kyso’s website located at kyso.com, and all content, services, and products provided by Kyso at or through the Website.

“The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business accounts.

“Kyso,” “We,” and “Us” refer to Kyso, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

“Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Paid Content” is Content only available to Users who are participating in a payment plan, including private studies.


Account Terms

1. Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid account, in which case additional information will be necessary for billing purposes.

2. Account Requirements
  • You must be a human to create an account. Accounts registered by "bots" or other automated methods are not permitted.
  • One person or legal entity may maintain no more than one free account.
  • You must be age 13 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. Kyso does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
  • Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid organization account may create separate logins for as many users as its subscription allows.
  • Overall, the number of Users must not exceed the number of accounts you've ordered from us.
3. User Account Security

You are responsible for keeping your account secure while you use our Service. The content of your account and its security are up to you.

You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).

You are responsible for maintaining the security of your account and password. Kyso cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You will promptly notify Kyso if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.

4. Additional Terms

In some situations, third parties' terms may apply to your use of Kyso. For example, you may be a member of an organization on Kyso with its own terms or license agreements; you may download an application that integrates with Kyso; or you may use Kyso to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties''terms govern their relationships with you.

If you are an owner or administrator of an Organization on Kyso, additional terms may govern your relationship with us and supersede this Agreement.


Acceptable Use

1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

2. Content Restrictions

You agree that you will not under any circumstances upload, post, host, or transmit any content that:

  • is unlawful or promotes unlawful activities;
  • is or contains sexually obscene content;
  • is libelous, defamatory, or fraudulent;
  • is discriminatory or abusive toward any individual or group;
  • contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
3. Conduct Restrictions

While using Kyso, you agree that you will not under any circumstances:

  • harass, abuse, threaten, or incite violence towards any individual or group, including Kyso employees, officers, and agents, or other Kyso Users;
  • use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
  • attempt to disrupt or tamper with Kyso's servers in ways that could harm our Website or Service, to place undue burden on Kyso's servers through automated means, or to access Kyso's Service in ways that exceed your authorization (other than those authorized by the Kyso Bug Bounty program);
  • impersonate any person or entity, including any of our employees or representatives, including through false association with Kyso, or by fraudulently misrepresenting your identity or site's purpose; or
  • violate the privacy of any third party, such as by posting another person's personal information without consent.
4. Services Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Kyso's express written permission.

5. Scraping

Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. You may scrape the website for the following reasons:

Researchers may scrape public, non-personal information from Kyso for research purposes, only if any publications resulting from that research are open access.

Archivists may scrape Kyso for public data for archival purposes.

You may not scrape Kyso for spamming purposes, including for the purposes of selling Kyso users' personal information, such as to recruiters, headhunters, and job boards.

All use of Kyso data gathered through scraping must comply with the Kyso Privacy Statement.

6. Privacy

Misuse of Kyso Users' Personal Information is prohibited.

Any person, entity, or service collecting data from Kyso must comply with the Kyso Privacy Statement, particularly in regards to the collection of our Users' Personal Information (as defined in the Kyso Privacy Statement). If you collect any Kyso User's Personal Information from Kyso, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from Kyso, and you will respond promptly to complaints, removal requests, and "do not contact" requests from Kyso or Kyso Users.

7. Excessive Bandwidth Use

If we determine your bandwidth usage to be significantly excessive in relation to other Kyso customers, we reserve the right to suspend your account or throttle your file hosting until you can reduce your bandwidth consumption.

8. User Protection

You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.


D. User-Generated Content

1. Responsibility for User-Generated Content

You may create User-Generated Content while using the Service. You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.

2. Ownership of Content and Right to Post

You retain ownership of and responsibility for Content you create. If you're posting anything you did not create yourself, you agree that you will only submit Content that you have the right to post, and you will fully comply with any third party licenses relating to Content you post.

3. Kyso May Remove Content

We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Kyso terms or policies.

4. License Grant to Us

Your Content belongs to you, and you are responsible for Content you post even if it does not belong to you. However, we need the legal right to do things like host it, publish it, and share it. You grant us and our legal successors the right to store and display your Content and make incidental copies as necessary to render the Website and provide the Service.

That means you're giving us the right to do things like reproduce your content (so we can do things like copy it to our database and make backups); display it (so we can do things like show it to you and other users); modify it (so our server can do things like parse it into a search index); distribute it (so we can do things like share it with other users); and perform it (in case your content is something like music or video).

This license does not grant Kyso the right to sell your Content or otherwise distribute it outside of our Service.

5. License Grant to Other Users

Any Content you post publicly, including issues, comments, and contributions to other Users' studies, may be viewed by others. By setting your studies to be viewed publicly, you agree to allow others to view and "fork" your studies (this means that others may make their own copies of your Content in studies they control).

If you set your pages and studies to be viewed publicly, you grant each User of Kyso a nonexclusive, worldwide license to access your Content through the Kyso Service, and to use, display and perform your Content, and to reproduce your Content solely on Kyso as permitted through Kyso's functionality. You may grant further rights if you adopt a license.

6. Contributions Under Repository License

Whenever you make a contribution to a repository containing notice of a license, you license your contribution under the same terms, and you agree that you have the right to license your contribution under those terms. If you have a separate agreement to license your contributions under different terms, such as a contributor license agreement, that agreement will supercede.

Isn't this just how it works already? Yep. This is widely accepted as the norm in the open-source community; it's commonly referred to by the shorthand "inbound=outbound". We're just making it explicit.


Copyright Infringement and DMCA Policy

If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on Kyso violates your rights, please contact us via our convenient DMCA form or by emailing laura@kyso.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.

We will terminate the accounts of repeat infringers of this policy.


Intellectual Property Notice

1. Kyso's Rights to Content

Kyso and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Kyso, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Kyso.

2. License to Kyso Policies

This Agreement is licensed under the Creative Commons Attribution license. You may use it freely under the terms of the Creative Commons license.


Advertising on Kyso

Kyso studies are intended to host Content. You may include static images, links, and promotional text in the README documents associated with your studies, but they must be related to the project you are hosting on Kyso.

You may not advertise in other Users' studies, such as by posting monetized or excessive bulk content in issues.

Spamming and Inappropriate Use of Kyso

Advertising Content, like all Content, must not violate the law or these Terms of Use, for example through excessive bulk activity such as spamming. We reserve the right to remove any advertisements that, in our sole discretion, violate any Kyso terms or policies.


Payment

1. Pricing

Our pricing and payment terms are available at kyso.com/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

2. Upgrades, Downgrades, and Changes

We will immediately bill you when you upgrade from the free plan to any paying plan. If you change from a monthly billing plan to a yearly billing plan, Kyso will bill you for a full year at the next monthly billing date. If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately. You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your account, you may lose access to Content, features, or capacity of your account. Please see our section on Cancellation for information on getting a copy of that Content.

3. Billing Schedule; No Refunds

For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.

4. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for Kyso.

5. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Kyso any charge incurred in connection with your use of the Service. If you dispute the matter, contact Kyso Support. You are responsible for providing us with a valid means of payment for paid accounts. Free accounts are not required to provide payment information.


Cancellation and Termination

1. Account Cancellation

It is your responsibility to properly cancel your account with Kyso. You can cancel your account at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel accounts in response to an email or phone request.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your studies within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your account is cancelled.

We will not delete Content that you have contributed to other Users'studies or that other Users have forked.

Upon request, we will make a reasonable effort to provide an account owner with a copy of your lawful, non-infringing account contents after account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.

3. Kyso May Terminate

Kyso has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Kyso reserves the right to refuse service to anyone for any reason at any time.


Disclaimer of Warranties

Kyso provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Kyso does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.


Limitation of Liability

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

  • the use, disclosure, or display of your User-Generated Content;
  • your use or inability to use the Service;
  • any modification, price change, suspension or discontinuance of the Service;
  • the Service generally or the software or systems that make the Service available;
  • unauthorized access to or alterations of your transmissions or data;
  • statements or conduct of any third party on the Service;
  • any other user interactions that you input or receive through your use of the Service; or any other matter relating to the Service.
  • Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

Release and Indemnification

If you have a dispute with one or more Users, you agree to release Kyso from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Kyso (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Kyso of all liability); and (3) provides to you all reasonable assistance, at your expense.


Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.