It depends upon how you interact with the KAYBUS Hosted Services. If you purchase or license related KAYBUS Services (such as KAYBUS Professional Services), you may also need to enter into a separate agreement with us.
Changes in these Terms are almost certain to happen, due to changes in our Hosted Services and the laws that apply to Us and You. If we make a change, we’ll do our best to provide you with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We’ll announce changes here at our site, and we also may elect to notify You of changes by sending an email to the address You have provided to us. We will also try to explain the reasons for the change.
Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by You and Us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.
You need to sign up for a user account by providing all required information in order to access or use the Hosted Services. If You represent an organization and wish to use the Hosted Services for corporate internal use, We recommend that You, and all other users from Your organization, sign up for user accounts by providing Your corporate contact information. In particular, we recommend that You use Your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If You provide any information that is untrue, inaccurate, outdated, or incomplete, or if KAYBUS has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, KAYBUS may terminate Your user account and refuse current or future use of any or all of the Hosted Services.
The Hosted Services may include certain communications presented through the Hosted Services or via email from KAYBUS, such as service announcements, administrative messages, commercial email and or similar offers. You understand that these communications shall be considered part of using the Hosted Services.
You agree to be solely responsible for the contents of your transmissions through the Hosted Services. You agree not to use the Hosted Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains worms, viruses, or any code of a destructive nature to KAYBUS or its users, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Hosted Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Hosted Services if there are reasonable grounds to believe that you have used the Hosted Services for any illegal or unauthorized activity.
We respect Your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by You, Your use of the Hosted Services does not grant KAYBUS the license to use, reproduce, adapt, modify, publish or distribute the content created by You or stored in Your user account for KAYBUS’s commercial, marketing or any similar purpose. But You grant KAYBUS permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of Your user account solely as required for the purpose of providing the Hosted Services to You.
You may transmit or publish content created by You using any of the Hosted Services or otherwise. However, You shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that You do not accidentally make any private content publicly available. Any content that you may receive from other users of the Hosted Services, is provided to You AS IS for Your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Hosted Services, if You come across any content with copyright notice(s) or any copy protection feature(s), You agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Hosted Services You affirm that You have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, You expressly agree that KAYBUS will have the right to block access to or remove such content made available by You, if KAYBUS receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Hosted Services and transmitting or publishing any content using such Hosted Services, You expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by KAYBUS for this purpose.
We respond to clear and complete notices of alleged infringement of copyright, trademark or other intellectual property laws that satisfy the requirements in these Terms (which we believe to comply with the United States Digital Millennium Copyright Act [www.copyright.gov] and other applicable laws). If You believe that Your intellectual property rights have been violated, please notify Us and We will investigate. Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and KAYBUS does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights.
The KAYBUS Hosted Services are available worldwide, but our data processing operations currently take place in the United States. If You use the Hosted Services, You acknowledge that You may be sending electronic communications (including your personal account information and Content), through computer networks owned by KAYBUS and third parties located in California and other locations in the United States and other countries. As a result, Your use of the Service will likely result in interstate and possibly international data transmissions, and Your use of the Hosted Services shall constitute Your consent to permit such transmissions.
When You submit any ideas, suggestions, documents and/or proposals relating to the Hosted Services (or other products or services) to KAYBUS through the “Contact Us,” User Forum or Support interfaces or through any other mechanism (collectively, “Contributions”), You acknowledge and agree that: (i) Your Contributions do not contain confidential or proprietary information; (ii) KAYBUS is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) KAYBUS shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) KAYBUS may have something similar to the Contributions already under consideration or in development; (v) Your Contributions automatically become the property of KAYBUS without any obligation of KAYBUS to You; and (vi) You are not entitled to any accounting, compensation or reimbursement of any kind from KAYBUS under any circumstances.
We may include or recommend third party resources, materials and developers and/or links to third party websites, content and applications as part of, or in connection with, the Hosted Services. We may have little or no control over such sites or developers and, accordingly, You acknowledge and agree that (i) We are not responsible for the availability of such external sites, content or applications; (ii) We are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.
KAYBUS, the KAYBUS logo, the names of individual Hosted Services and their logos are trademarks of KAYBUS, Inc. You agree not to display or use, in any manner, the KAYBUS trademarks, without the prior written permission of KAYBUS.
YOU AGREE THAT KAYBUS SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE HOSTED SERVICES, EVEN IF KAYBUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KAYBUS RELATED TO ANY OF THE HOSTED SERVICES SHALL BE TERMINATION OF SUCH HOSTED SERVICES. IN NO EVENT SHALL KAYBUS’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY HOSTED SERVICES, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH HOSTED SERVICES.
If you have any questions or concerns regarding this agreement, please contact us at firstname.lastname@example.org.
Your privacy is critically important to us. At KAYBUS we have a few fundamental principles:We don’t ask you for personal information unless we truly need it
In order to take full advantage of KAYBUS Services, Subscriber and Subscriber’s End Users must register with KAYBUS as a registered End User of the Subscriber. We take precautionary measures to ensure not to obtain and or take any personal information from minors.
KAYBUS discloses potentially personally identifying and personally identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on KAYBUS’s behalf or to provide the KAYBUS Services, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country, by using KAYBUS Services, you consent to the transfer of such information to them. KAYBUS will not rent or sell potentially personally identifying and personally identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above or elsewhere in your Customer Agreement, KAYBUS discloses potentially personally identifying and personally identifying information only in response to a subpoena, court order, or when KAYBUS believes in good faith that disclosure is reasonably necessary to protect the property or rights of KAYBUS, Subscriber, third parties or the public at large. If you are a registered user of KAYBUS Services and have supplied your email address, KAYBUS may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with KAYBUS and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. KAYBUS takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally identifying and or personally identifying information.
You can choose not to receive future e-mails from KAYBUS at any time, by contacting KAYBUS customer service or opting out of the email subscription. However, to the extent that corrected or deleted information is also stored in other databases, we cannot always ensure that such corrections or deletions will immediately reach the other databases. Please note that we may occasionally contact you for administrative purposes even if you unsubscribe from our distribution lists with regards to other forms of communications and you agree to such required administrative communications. KAYBUS uses your personal information primarily to provide you with a customized experience on KAYBUS Services.
While no security system is 100% guaranteed, KAYBUS utilizes several state-of-the-art tools to protect your information. Strict security measures are employed whenever your personal information is collected and transmitted.
Your KAYBUS account information and KAYBUS profiles are password protected so that only you have access to your personal information. It is your responsibility not to divulge your password to anyone. Also remember to sign out of your KAYBUS account and close your browser window when you have finished your work, especially if you share a computer with someone else or are using a computer in a public place such as a library or Internet cafe to help prevent others from accessing your personal information and correspondence. KAYBUS shall have no liability, financially or otherwise, in the event that your password and or user identification information are obtained from a third party and or used on KAYBUS Services without your consent.
In addition to password protection, KAYBUS employs cutting edge encryption standards (such as secure sockets layer (SSL)) to ensure that particularly sensitive data, such as registration and profile information and all related product management transactions, exchanged between your computer and our servers is secure. In these highly secure areas of the sight, both our servers and your computer encrypt the data before it is transferred across the Internet. We take these measures to safeguard the confidentiality of your personally identifiable information.
Keep in mind that whenever you voluntarily disclose personal information online (for example on message boards, discussion groups, through e-mail, or in chat areas) that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information.
Use of KAYBUS Services is provided on an "as is” basis. KAYBUS, its partners, and affiliates cannot be held liable for any direct, indirect, punitive, incidental, special, or consequential damage or other injury arising out of or in any way connected with the use of KAYBUS Services by Subscriber and or Subscriber’s End Users.
KAYBUS has comprehensive privacy and security assessments and certifications performed by multiple third parties as follows:
KAYBUS has privacy and security-conscious policies that apply to all of our information handling practices.
KAYBUS’ contractual privacy protection agreements include confidentiality provisions that prohibit us from disclosing customer confidential information, including customer data, except under certain narrowly defined circumstances, including but not limited to, as and when required by law. KAYBUS agrees not to access customer's accounts, including customer data, except to maintain its Service obligations, prevent or respond to technical or service problems or at a customer's request in connection with a customer support issue.
Every KAYBUS employee and contractor must follow KAYBUS’ code of conduct, sign confidentiality agreements, and follow KAYBUS’ information security policies.
KAYBUS’ comprehensive privacy and security program includes, among other things, communicating with personnel and customers about current issues and best practices.
KAYBUS strongly encourages all of our customers and users to adopt industry-standard solutions to secure and protect their authentication credentials, networks, servers, and computers from security attacks.
KAYBUS has multiple organizations, teams, and individuals responsible for security and security-related matters. The Systems Operations team is responsible for KAYBUS' security program and personnel, including information, product, and corporate security, enterprise risk management, and technology audit & compliance. The Privacy Counsel is responsible for KAYBUS' privacy program, including compliance with applicable privacy and data-protection laws. Additionally, all KAYBUS Services personnel are required to follow confidentiality, privacy, and information security policies.
KAYBUS uses Amazon Web Services (“AWS”) as its infrastructure provider and relies on the physical data center security and related AWS security best practices https://aws.amazon.com/security/ provided by AWS for all its customers.
All KAYBUS offices also adhere to physical security best practices that include, but are not limited to, security card access and separate restricted areas for Systems administrators and Operations personnel. Remote network access to AWS console is further restricted to a very small subset of Operations personnel, and all access is password protected and all activities are logged.
Production environment access is very limited and is only for select DevOps engineers. To be in the Kaybus DevOps team each employee must have signed special NDAs and have had background checks. We log each and every access attempt, and on the OS level we log every keystroke typed by the engineer.
In the special scenarios where customers provide customer data on physical removable media or hard drives for KAYBUS to perform bulk loading operations, all necessary security measures are in place for handling the entire chain of custody for such media from the point of receipt to inventory reports to the customer to secure handling of the media for the short duration while it is kept in the restricted area where Operations personnel prepare the data for bulk ingestion into KAYBUS. The customer media is promptly returned to the customer after loading the data into the secure KAYBUS service. While the customer media is on KAYBUS premises, it is always stored in a secure safe in a restricted part of the office.
The machines which run the bulk upload operations are under secure DevOps environment with no access except DevOps and bulk-upload operators. These machines run Kaspersky antivirus and spyware detector. These machines are not accessible from outside i.e only accessible if the operator is sitting in front of the machine.
All prestine data is backed up on the NAS (RAID 5) for redundency and data loss protection.
KAYBUS maintains a comprehensive array of technical measures to protect the KAYBUS Services and offers a robust set of customer-controlled settings to further heighten privacy and security protection.
KAYBUS uses Amazon Web Services (“AWS”) as its infrastructure provider. KAYBUS uses AWS security best practices https://aws.amazon.com/security/ to secure the KAYBUS Services infrastructure. Only System administrators have access to the AWS console. AWS is a worldclass cloud infrastructure solution and has been used by many large enterprises such as NetFlix etc. AWS has a state of art secure and reliable production infrastructure which has passed many compliance and assurance programs. More details regarding AWS compliance and the like can be found on http://aws.amazon.com/compliance/
Kaybus uses AWS Identity and Access Management (IAM) to securely control access to AWS services and resources. Users required to access AWS, a very small subset of the overall DevOps team, are managed through IAM and allowed or denied permissions on real-time basis.
Application features that protect customer data include:
All Kaybus users are required to authenticate themselves using a combination of username and password. Passwords are stored as digests that are generated using one-way cryptographic algorithms.
Authorization is the process that is used for determining what accesses or privileges are allowed for users. Authorizations are enforced by means of roles and access controls
Kaybus’s User Authorization secures access to business data and functions, ensuring that only preauthorized users gain access to it. User roles are set by Administrators designated by Customers. An initial set of authorized users (Administrators) are created by Kaybus; Administrators can create new users and modify/add their permissions.
To enable users to do their job effectively without exposing data that they do not need to see, Kaybus provides flexible settings that allow you to expose different knowledge to different sets of users.
Viewer – These users can access, search, comment, rate or filter any knowledge that is explicitly made accessible to them as an individual or to a group that they are a part of. They can also view recommended knowledge based on their context and permissions.
Publisher – In addition to above, these users can upload, publish, update and curate knowledge. They can also view Analytics about the usage and consumption of knowledge in their organization. Administrator – In addition to above, these users can create, modify and delete users. They have access to entire knowledge available on Kaybus Service for that Customer.
Administrators can assign roles to user at the time of creating the users. Only users created by Administrators can access Kaybus system. Publishers can further assign access at the knowledge level by targeting the knowledge to specific individuals or groups.
Administrators can modify roles to user at any time. Publishers can modify access at the knowledge level by changing access to specific individuals or groups.
Users can request for access password to be reset by providing a valid email address. A password reset email will be sent to the email address that is configured by the Administrator for the user.
Administrators can remove users from the Kaybus system at any time. The access for those users will be immediately revoked. If any employee leaves the organization, it is the responsibility of the Administrator to delete the user account from Kaybus Service.
KAYBUS Services is highly scalable and redundant, allowing for fluctuation in demand and expansion of users while greatly reducing the threat of long-term outages. Use of auto scaling groups from AWS with automatic deploy allows KAYBUS to quickly recover from outages. Loadbalanced networks, pools of application servers, and clustered databases are features of our design.
KAYBUS provides comprehensive data replication and backups of customer data across geographically separated data centers. The replication and backups are performed over secure links between the primary and disaster recovery data centers. KAYBUS maintains restore and recovery procedures to rapidly restore KAYBUS service along with customer data in an alternate data center upon any partial or total loss of service from primary data center or even in the event of total loss of primary data center. KAYBUS leverages Amazon Web Services capabilities and augments it with its own disaster recovery and backup capabilities. KAYBUS also maintains Operations staff in multiple locations in order to provide business continuity.
KAYBUS prefers to return customer media to customer, but in the event that customer does not wish to receive the media back and wishes KAYBUS to perform the physical destruction and disposal of the customer physical media, KAYBUS will perform a secure deletion that is forensically sound and DoDapproved and subsequently destroy the physical media and provide the customer a certificate of destruction.
Severity Level 1 (urgent): A problem with the KAYBUS Service that severely impacts or halts business operations of Subscriber in a production environment, and no procedural workaround exists, such as service unavailable, loss of production data or a critical function not available. Severity 1 issues require the Subscriber to have dedicated resources available to work on the issue on an ongoing basis with KAYBUS.
Severity Level 2 (high): A problem where the KAYBUS Service is functioning but major functionality is impacted in a production environment or its performance is significantly degraded to the point of major impact on usage. The situation is causing a high impact to Subscriber’s business operations and no procedural workaround exists.
Severity Level 3 (medium): A problem that involves partial, non-critical loss of use of the KAYBUS Service in a production environment. There is a medium-to-low impact on Subscriber’s business, but the business continues to function, including by using a procedural workaround.
Severity Level 4 (low): The issue may be a routine technical issue, general usage question, reporting of a documentation error, or recommendation for a future product enhancement or modification. The functionality of the KAYBUS Service is not significantly affected by the problem, there is low-to-no impact on the Subscriber’s business operations, including by using a procedural workaround.
KAYBUS is committed to rapid response of all support requests. Severity Level Response times do not vary based on the method of submitting the support request. KAYBUS does not guarantee resolution times, and a resolution may consist of a fix, workaround, service availability or other solution that KAYBUS deems reasonable. KAYBUS will use reasonable efforts to meet the target response times stated in the table below.
|Severity Level||Acknowledgement||Problem Determination||Target Resolution|
|1||6 Business Hours||24 Hours||48 Business Hours|
|2||12 Business Hours||3 Business Days||8 Business Days|
|3||24 Business Hours||7 Business Days||14 Business Days|
|4||3 Business Days||14 Business Days||As Applicable|
If, during the Support Request process, the issue either warrants assignment of a higher severity level than currently assigned or no longer warrants the severity level currently assigned based on its current impact on the production operation of KAYBUS Services, then the severity level will be upgraded or downgraded accordingly to the severity level that most appropriately reflects its current impact.
"Downtime" shall mean inability to access KAYBUS Services due to a Qualifying Fault. Downtime is measured based on availability of the individual KAYBUS Services as measured by KAYBUS’s application monitoring tool.
“Qualifying Fault” shall mean and include server side errors and reachability errors attributable to KAYBUS Services.
“Downtime Period" shall mean ten or more consecutive minutes of Downtime. Intermittent Downtime for a period of less than ten minutes will not be counted towards any Downtime Periods.
“Monthly Uptime” shall mean total number of minutes in a calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in a calendar month.
"Monthly Uptime Percentage" shall mean the percentage calculated by dividing Monthly Uptime by the total number of minutes in a calendar month.
"Scheduled Downtime" shall mean unavailability of KAYBUS Services about which Subscriber is informed at least two weeks in advance. A Schedule Downtime will not constitute a Qualifying Fault.
KAYBUS will ensure that Scheduled Downtime is planned to occur on the weekend for a period of two (2) hours.
KAYBUS Services will have a Monthly Uptime Percentage of 99.9%.
The SLA does not apply to any performance and availability issues: (i) caused by factors outside of KAYBUS’s reasonable control; (ii) that resulted from any actions or inactions of Subscriber; or (iii) that resulted from Subscriber’s equipment and/or third party equipment that are not within KAYBUS’s reasonable control. It is hereby clarified that performance and availability issues caused by factors within KAYBUS’s control and attributable to KAYBUS or its vendors are not excluded.
Reviewed and Updated: June 17, 2016