Terms and conditions
Applicable date: September 29, 2020
Konplik Health, Inc.—1007 North Orange Street, 4th Floor #100, Wilmington, DE 19801
The konplik.health website and the Konplik services offered on this website (“Konplik Service”, “Konplik Services” or “the Services”) are owned and operated by Konplik Health, Inc. This web page describes the terms and conditions governing your (“you”, “You”, “Your” or “Customer”) use of the Konplik Services and this website. By accessing this website or using any Konplik Service, you signify that you have read, understood, and agree to be bound by these terms and all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this web site or the Konplik Services.
If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization. If you or your organization have entered into a separate written agreement with Konplik governing your use of the Konplik Services, then the terms and conditions of that separate agreement will prevail and govern, and any conflicting terms of this Agreement will not be given effect. The Service may change from time to time as we evolve, refine or add more features to the Service, often without prior notice to you. In addition, Konplik may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice.
Subject to your continuous compliance with these terms and conditions, Konplik may grant you a limited, revocable, non-exclusive, non-transferable, non-sub-licensable, non-assignable license to access and use the selected proprietary application programming interface (API) solely to implement, integrate and use the Konplik Services for personal or business purposes. We reserve all rights not expressly granted in these Terms in the Service.
Konplik can make the Service available to you electronically, requiring a Konplik API Key for you to access the services. As a condition of receipt and use of this Key, it is acknowledged that API key is to be kept private. It may not be shared or otherwise disclosed to third parties. You acknowledge that it is your responsibility to protect this API Key. You also acknowledge that you will not create multiple accounts to get multiple free API Keys at any time and under whatever circumstances unless explicitly allowed by Konplik.
You will retain ownership of our output while Konplik retains ownership of its processing service and its configuration. Konplik reserves any and all rights not specifically granted to you herein.
You must provide accurate information when you create your Konplik account, including a valid email account. Your Konplik account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. All of your data will be immediately deleted from the Service if you cancel your account or Konplik terminates your account as set forth below. This information cannot be recovered once your account is cancelled. Termination of the Service results in the deletion of your account and all your data. In all these cases, only the information necessary for the management, accounting, and charging of the service is preserved.
You are responsible for safeguarding the password that you use to access the Service, and for any activities or actions under your password, whether your password is with Konplik or a third-party service. If it is the case, same criteria applies to your assigned API key(s). You agree not to disclose your password and API key(s) to any third party. Konplik cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify Konplik immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may have the option of purchasing a subscription to the Service. Paid subscriptions are sized and priced at the discretion of Konplik and may change from time to time. To initiate a subscription you must enter a valid debit or credit card. When you confirm your subscription on Konplik, you agree to be bound by and pay for that purchase. Subscriptions by default have no ending date, they are ended through the cancellation process available in your account dashboard. Billing cycles are monthly periods that begin on the day the subscription is purchased. Payments are done at the beginning of the billing period; if a payment fails, the subscription will be automatically canceled. Subscriptions are associated to conditions of use of the service. It is at the discretion of the user to effectively take the use of the service up to their monthly limits. At the beginning of each billing period, these conditions will be reset to the values established by the subscription. You may upgrade your subscription at any time through the self-serve functions in your account dashboard. When you upgrade your subscription, you are invoiced at the price of your new subscription level and for all effects, a new subscription is started. The unused requests from the billing period of the previous subscription will be added to the limit of the new subscription exclusively for the first billing period. You may downgrade your subscription at any time; the downgrade will take effect at the start of your next billing cycle. This includes the cancellation process of any paid subscription by which a subscription is reverted to the Free plan.
Unless otherwise set forth in a separate purchase order or agreement, terms of payment shall be due according to published subscription rates. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. If you believe that Konplik has charged you in error, you must contact Konplik within 90 days of such charge. No refunds will be given for any charges, which are more than 90 days old. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. Konplik retains the right to delete any resources (client dictionaries or models) generated by a subscription that has not been updated within 90 days.
Refund and Cancellation Policy
You may cancel your subscription at any time; your cancellation will take effect at the end of your current billing cycle. No refunds will be provided for portions of the current billing cycle following a downgrade or cancellation.
Use of the Service
You agree not to misuse the Konplik Service. For example, you must not, and must not attempt to do the following things:
- Access or reverse engineer the Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, or functions of the Service, or (iii) copy any ideas, features, or functions of the Service;
- Publish or perform any benchmark or performance tests or analysis relating to the Service or the use thereof without express authorization from Konplik;
- Utilize the information provided by the Service to create a service similar to Konplik, including but not limited to: text analysis services, meta-data extraction, retrieval, or entity extraction services, and content categorization services;
- Create or use multiple Konplik keys;
- Republish information provided by Konplik in a bulk format;
- Use the Service to reproduce copyrighted materials;
- Make the Service available over a network (other than this website) where it could be used by others;
- Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Service, features or ideas from the Services, or any portion of them;
- Circumvent any technology used by Konplik or its licensors to protect information accessible via the Service;
- Sell, rent, lease, transfer, or sublicense any of the Service;
- Utilize or enable a third party to utilize Konplik via any means that bypasses this Terms or the Konplik registration process, including but not limited to: proxy servers, spiders, scraping robots, or other technology;
- Distribute, facilitate, or enable access to the Service in any manner deemed by Konplik in its sole discretion to be objectionable or harmful to the business or reputation of Konplik;
- Use the Service in conjunction with deep packet inspection and/or any form of network surveillance technology;
- Use the Service to monitor Internet and/or other telecommunications traffic; or
- Use the Service in any way that violates these Terms; or
- Use the Service for any unlawful purposes or for promotion of illegal activities.
Konplik reserves the right to investigate and/or suspend any account that violates any of the above rules and to immediately terminate that account without further notice.
Konplik reserves the right to refuse service to anyone for any reason at any time. Konplik, in its sole discretion, retains the right to suspend or terminate your account and/or refuse any and all current or future use of the Service, for any reason at any time. Without limiting other remedies, Konplik may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account and/or refuse to provide the Service. If you wish to terminate this Agreement you may do so by discontinuing use of the services. Konplik will not be liable for any costs, expenses, or damages as a result of either party choosing to terminate this Agreement. Upon termination of this Agreement, you will promptly cease using the Services. Upon termination or expiration of this Agreement all rights and obligations of the parties under this Agreement shall immediately cease, provided that certain rights and obligations, including but not limited to, the right to payment, shall survive.
Konplik will make the Service output available to you electronically. By creating a Konplik account, you agree to be globally subscribed to all Konplik marketing and system emails. You will have the option to unsubscribe from these emails at any time.
Depending on your Service level, Konplik will make available its web and email based support services, which provides you with access to its knowledge base archive to assist in troubleshooting and answering questions of a general nature regarding the Service. You are responsible for providing all support and/or technical assistance to your end users regarding the use of your service (including any issues related to the Content and the Service). Konplik will not provide support and/or technical assistance directly to your end users, if applicable.
Users of any Free Plan of the Service, shall agree to conspicuously display the Konplik API logo to indicate that Konplik technology is being used. This graphic shall measure at least 200 by 100 pixels and be displayed on all web pages, documents or other renderings where Konplik API Content or API data is used. In addition you will provide a clickable hyperlink to Konplik which shall read: “Powered by Konplik” within your website or application. Similar attributions must be used in all published and/or printed works, including but not limited to research papers and journal articles. Konplik hereby grants a nontransferable, nonexclusive license to use Konplik’s trademarks during the period of use to display the Konplik icon and to advertise the use of Konplik’s Service on licensee’s site or service. Likewise, licensee hereby grants to Konplik a nontransferable, nonexclusive license under Licensee’s trademarks during the period of use to advertise that Licensee is using Konplik’s Services. Except as set forth in this Section, nothing in this Agreement shall be considered a grant or shall be deemed to grant to one party any right, title or interest in or to the other party’s trademarks. All use of Licensee’s trademarks by Konplik shall inure to the benefit of Licensee and all uses of Konplik trademarks by Licensee shall inure to the benefit of Konplik.
As between you and Konplik, you acknowledge that Konplik owns or has a license to all title and copyrights in and to the Konplik Services. All title and intellectual property rights in and to the content available through the Konplik Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
If you believe that your own copyrighted work is accessible on the Service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains the following written information: A description identifying in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so it may be accurately located using the URL. Where multiple works are at issue please provide a list of URLs or sufficient information to locate the alleged infringing material.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:
- A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;
- A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Also include your name, mailing address, telephone number and email address.
For additional questions or to forward your Notice of claims of infringement to Konplik’s Copyright Agent please go to contact.
Disclaimer of Warranty
ANY FREE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOR COMMERCIAL PAID PLANS, SLAs WOULD APPLY. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, KONPLIK AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You will defend, indemnify and hold Konplik and its licensee and licensors, and their employees, contractors, agents, officers and directors harmless against any third party claims, liabilities or expenses incurred (including reasonable attorneys’ fees), as well as amounts finally awarded in a settlement or by a court arising from any claim or allegation by a third party arising out of (i) allegations that your use of Konplik infringes or misappropriates any trademark, copyright or other intellectual property of any third party, (ii) Customer’s use of Data, (iii) Konplik Services or the Konplik API that are modified by Customer if the alleged infringement relates to such modification; (iv) Konplik Services or the Konplik API that are combined with any Customer product, process or materials where the alleged infringement relates to such combination; (v) Customer’s use of a version of the Konplik Services or Konplik API other than the version that was current at the time of such use; (vi) infringement or misappropriation of any proprietary right in which Customer has an interest; or (vii) your breach or alleged breach of any of your obligations or representations under this Agreement.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KONPLIK, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THIS SERVICE. UNDER NO CIRCUMSTANCES WILL KONPLIK BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KONPLIK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL KONPLIK ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF KONPLIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
This Agreement will be governed by and construed in accordance with the laws of the State Delaware, United States, excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the State of Delaware and you hereby irrevocably consent to the personal jurisdiction and venue therein. If any action is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to recover its reasonable attorneys’ fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled. You may not assign this Agreement, in whole or in part, by operation of law or otherwise, without Konplik ‘s express prior written consent. Any attempt to assign this Agreement, without such consent, will be null and of no effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s successors and permitted assigns. The parties to this Agreement are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. The waiver of any breach of any provision of this Agreement will not constitute a waiver of any subsequent breach of the same other provisions hereof. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. This Agreement constitutes the complete and exclusive understanding and agreement of the parties with respect to the subject matter hereof and supersedes all prior understandings and agreements, whether written or oral, with respect to the subject matter hereof.
Terms and conditions