01Acceptance of terms
These Terms of Service (the “Terms”) govern your access to and use of the websites, applications, APIs, and services provided by Khotan (“Khotan,” “we,” “us,” or “our”) (collectively, the “Services”). By accessing or using the Services, or by clicking to accept these Terms, you agree to be bound by them. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization.
02Definitions
- Customer Data
- Data, including personal information, that you or your authorized users provide to, or that is processed by, the Services through your pipelines.
- Account
- The account you register to access and use the Services.
- Documentation
- The user guides, specifications, and policies we make available for the Services.
03The Service & accounts
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services. You are responsible for configuring the Services, for the actions of your authorized users, and for keeping your account credentials confidential. You must notify us promptly of any unauthorized use of your Account.
04Acceptable use
You agree that you will not, and will not permit others to:
- Use the Services in violation of any law or third-party rights;
- Upload or transmit malware, or attempt to gain unauthorized access to the Services or related systems;
- Interfere with or disrupt the integrity or performance of the Services;
- Reverse engineer, copy, or create derivative works of the Services except as permitted by law;
- Use the Services to build a competing product or to process data you are not authorized to process.
05Customer Data & ownership
As between you and Khotan, you retain all rights in your Customer Data. You grant us a worldwide, limited license to host, process, and transmit Customer Data solely to provide and maintain the Services. You are responsible for the accuracy and legality of Customer Data and for having the necessary rights and consents to provide it to us.
Our processing of personal information within Customer Data is described in our Privacy Policy and, where applicable, a data processing agreement between the parties.
06Intellectual property
The Services, including all software, models, agents, and content we provide (excluding Customer Data), and all related intellectual property rights, are and remain the exclusive property of Khotan and its licensors. We welcome feedback, and you grant us a perpetual, royalty-free license to use any feedback you provide.
07Fees & payment
If your use of the Services is subject to fees, you agree to pay all fees described in the applicable order or plan. Unless stated otherwise, fees are non-refundable and exclusive of taxes. We may suspend the Services for non-payment after providing notice.
08Confidentiality
Each party may access confidential information of the other. The receiving party will use the disclosing party’s confidential information only to perform under these Terms and will protect it using reasonable care. This does not apply to information that is public, independently developed, or rightfully received from a third party.
09Third-party services
The Services may integrate with or link to third-party products and services that we do not control. Your use of those third-party services is governed by their own terms and privacy policies, and we are not responsible for them.
10Warranties & disclaimers
The Services are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or fully secure.
11Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, or data. Except for your payment obligations and either party’s indemnification obligations, each party’s total liability arising out of or related to these Terms will not exceed the amounts you paid to us in the twelve months before the event giving rise to the claim.
12Indemnification
You will defend, indemnify, and hold harmless Khotan from and against any third-party claims and related losses arising out of your Customer Data, your use of the Services in violation of these Terms, or your violation of applicable law.
13Term & termination
These Terms apply while you use the Services. You may stop using the Services at any time. We may suspend or terminate your access if you materially breach these Terms or if required for security or legal reasons. Upon termination, your right to use the Services ends, and provisions intended to survive (such as ownership, confidentiality, disclaimers, and limitations of liability) will survive.
14Changes to the terms
We may modify these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
15Governing law & disputes
These Terms are governed by the laws of the jurisdiction in which Khotan is established, without regard to its conflict-of-laws rules. The parties will attempt to resolve disputes informally first; any unresolved dispute will be subject to the exclusive jurisdiction of the competent courts in that jurisdiction, unless applicable law provides otherwise.
16Miscellaneous
These Terms, together with any order and our Privacy Policy, constitute the entire agreement between you and Khotan regarding the Services. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
17Contact us
Questions about these Terms? Contact us at adeep@khotan.com. For general inquiries, email adeep@khotan.com.