Terms of Service
Latest Update: May 14, 2018
These Terms form a binding agreement between You and Kudos, Inc. (“Kudos”, “We”) that are accepted by You each time that You use or access the Kudos Application or other services (collectively “Services”). If You do not agree with these Terms, do not access or use the Services.
This policy applies to both the organization that has set up a Kudos account (the “organization,” “subscriber” or “employer”) and the end user who participates in that account using his/her individual Kudos account (“You”, the “individual,” “user” or “employee”).
Kudos reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new functionality, tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. The most current version of this Agreement can be reviewed by clicking the “Terms of Service” link located on the Kudos website.
Violation of any of the terms below could result in the suspension or termination of your Account. While Kudos prohibits such conduct and Content on the Service, you understand and agree that Kudos is not responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Does This Agreement Apply to Me?
The terms of this agreement apply to anyone making use of the Kudos Application or Services including:
- Organizations that have set up a paid or demo/trial Kudos account
- Individual users that have access to a Kudos account
Users of the Kudos Application and Services must be 14 years of age or older. For users between the age of 14 and 16, parental consent is required. It is your employer’s responsibility to ensure that their employees below the age of 16 have parental consent to use the Services.
In jurisdictions where the legal working age or age requirement for parental consent is higher than the above, it is your employer’s responsibility to ensure that it has gathered the necessary parental consent as required in your jurisdiction.
You must provide your full legal name, a valid email address, and any other required information to complete the signup process.
You are responsible for maintaining the privacy and security of your account.
Kudos will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
No one individual or organization may maintain more than one account without a subscription. Extraneous accounts that are not connected to an active subscription may be deleted at Kudos’ discretion.
The subscribing organization and its users are responsible for all content posted and activity that occurs under its account (even when content is posted by others who have sub-accounts under your account).
Kudos is committed to continually improving and enhancing the Services and, subject to any other written agreement you may have with Kudos, you acknowledge and agree that the specific form and/or nature of the Services may change from time to time without prior notice and Kudos may cease providing the Services (or any specific features within the Services) to you or to users generally at Kudos’ sole discretion, without prior notice to you.
You may stop using the Services at any time. For users within an organization that use Kudos, contact your organization’s Kudos Administrator to request the removal of your user account and anonymization or deletion of any personal data (if required). As an organization, you may end your use of Kudos services by contacting us to cancel any subscriptions that you may have with Kudos. See “Modifications to the Service and Fees” for information on cancelling a subscription agreement.
You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
Trial and Inactive Accounts
A trial account may be set up to allow you to test the functionality of Kudos’ Services. These accounts may include some limitations compared to Accounts tied to an active paid subscription.
Trial accounts that do not upgrade to a subscription at the end of the trial period are automatically downgraded to an Inactive Account.
Inactive Accounts are accounts that have not been associated with a paid subscription for Services and therefore do not receive access to those services. See “Data Retention” for information on the data implications of an inactive Account.
For paid Service accounts, Kudos maintains ongoing backup data of its user accounts for a period of six (6) months. Backup data that is older than six months is routinely erased from the system.
Data stored pertaining to free accounts is held for a period of six (6) months before being completely purged from the system. Trial and free users whose data is removed in this manner will be unable to recover this data should they decide to subscribe to Kudos’ Services in the future.
Payment, Access, and Account Updates
You agree to pay Kudos all fees set forth in each agreement. All fees will be billed as indicated in each agreement. Unless Kudos and You expressly agree otherwise in writing, all fees are payable in United States dollars. You will also be responsible for all usage tax, sales tax, and other tariffs imposed on the Services.
For our monthly subscription plans, a valid credit card is required to commence services. We will charge you a monthly fee based on your account type and number of active users. The Service is billed in advance for each month, and is non-refundable. There will be no refunds or credits for partial months of service, nor refunds made should you not use the Service during a period of time when your account is open. No exceptions will be made. You can archive users at any time.
Should you add or archive users, upgrade or downgrade your account type, your credit card will be charged your new billing rate on your renewal date.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Kudos does not accept any liability for such loss.
Modifications to the Service and Fees
You alone are responsible for the proper cancellation of your account. You may cancel your account by contacting Kudos support team.
For monthly subscription plans, you can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again.
For annual and multi-year agreements, the cancellation clause in each specific agreement will apply.
Kudos reserves the right to modify, suspend, or terminate your account at any time for any reason without notice or refund. We also reserve the right to delete all Content associated with your account. Kudos may refuse service to anyone for any reason at any time.
Copyright and Ownership
Kudos owns the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, the recognition system, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. Out various third-party partners retain the ownership of their own intellectual property and protectable content. You may not copy, modify, adapt, reproduce, distribute, reverse-engineer, decompile, or disassemble any aspect of the Service owned by Kudos or its partners.
Kudos claims no intellectual property rights over the content you upload or provide to the Service. However, by using the Service to send content, you agree that others, designated by the account owner, may view and share your content.
Kudos does not pre-screen content, but Kudos has the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Service
You understand that all information or content which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person or entity from which such information or content originated (“content”) and that content may be protected by intellectual property rights held by the originator(s). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by Kudos or by the owners of that content, in a separate agreement.
You understand that by using the Services you may be exposed to content that you may find offensive or objectionable and that, in this respect, you use the Services at your own risk.
You agree that you are solely responsible for (and that Kudos has no responsibility to you or to any third party for) any content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Kudos may suffer) by doing so.
Any content you send or otherwise make available through use of the Services, including but not limited to, sending points, comments or messages, and redeeming rewards is done so at your own risk. Kudos cannot control the actions of other users with whom you may choose to share any information and cannot and does not guarantee that content you send or otherwise make available will not be viewed by unauthorized persons. You shall be solely responsible for your own content and the consequences of posting or publishing it.
In connection with this program, Kudos may disclose to you certain information that the Kudos considers confidential and/or proprietary (“Confidential Information”) including, but not limited to, tangible, intangible, visual, electronic, present, or future information such as: (a) trade secrets; (b) financial information, including pricing; (c) technical information, including research, development, procedures, algorithms, data, designs, and know-how; (d) business information, including operations, planning, marketing interests, and products; (e) any bugs, defects, security problems, and other issues relating to the Service and/or the Software. Service Suggestions shall be deemed to be Kudos Confidential Information.
You shall not disclose and shall protect the Confidential Information of Kudos and shall use no less than a reasonable degree of care to prevent its unauthorized use, dissemination or publication to any unauthorized third parties and/or competitors of Kudos.
Confidential Information shall not include information that: (i) is or becomes publicly available through no act or omission of you; (ii) was in the your lawful possession prior to the disclosure and was not obtained by you either directly or indirectly from Kudos.
Third Party Sites
Warranties and Limitations
Kudos does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Kudos shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kudos has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Kudos to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Kudos and govern your use of the Service, superseding any prior agreements between you and Kudos (including, but not limited to, any prior versions of the Terms of Service).
You agree to indemnify, defend and hold harmless Kudos, its affiliates, officers, directors, shareholders, employees, consultants, agents, suppliers, and sales partners throughout the world from any and all third party claims, liability, damages, losses and/or costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) arising from your use of the Kudos Application and Services, your violation of these Terms of Service or the infringement or violation by You or any other authorized user of your account, of any intellectual property relating to the Service (including without limitation your user content) or other right of any person or entity.
Your indemnification obligations are conditional upon Kudos providing you with prompt written notice of any claim against us and allow you the right to assume sole control of the defense and any related settlement negotiations. Kudos will cooperate with any reasonable requests assisting the indemnifying party’s defense and settlement.
The Kudos logo, “Kudos” and “Thank Different” are registered Kudos’ trademarks. The absence of a name, logo, or trademark symbol in this list does not constitute a waiver of any and all intellectual property rights that Kudos has established in any of their product, feature, or service names or logos.