Last updated: 14 February 2021
The text below manages the terms under which you can use Keboola Connection under our Free Plan. While it is a bit longer than we would like, there are things that we just need to cover. TL:DR; - you play nice, we will too! And of course don’t hesitate to contact our support straight from your project in case anything is unclear.
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User”) and Keboola Czech s.r.o. ("Keboola", “we”, “us”, or “our”), concerning your access to and use of the Keboola Connection – subscription-based software-as-a-service data warehousing solution and ETL platform that facilitates the extraction, transformation, loading and storage of data from various sources (“Services”) accessible at https://connection.keboola.com, as well as any mobile website or mobile application connected thereto (collectively, the “Platform”). By accessing and/or using the Platform without a valid Order Form according to our Master Software Subscription Agreement, you confirm that you have read, understood, and agree to be bound by these Terms of Service. Unless you signed the Order Form, the Master Software Subscription Agreement does not apply to you.
If you have signed or will sign in the future an Order Form according to our Master Software Subscription Agreement, you may still access the Services under our Freemium Plan according to these Terms of Use and the Services may be provided in parallel under these Terms of Services and the Order Form, depending on which Keboola Connection .
If you have signed or will sign in the future an Order Form according to our Master Software Subscription Agreement, you may still access the Services under our Freemium Plan according to these Terms of Use and the Services may be provided in parallel under these Terms of Services and the Order Form, depending on which Keboola Connection.
Project you work on. “Project” or “Keboola Connection Project” means a single working environment at the Platform, usually used to serve a specific assignment. Each Project under these Terms of Services has separate billing and user access management. Projects under an Order Form are billed and managed according to the terms of such Order Form.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service. By your continued use of these Terms of Services after each update, you agree with the updated Terms of Service.
The Platform is intended for users who are at least 18 years old and who use the Platform for business purposes, not as consumers. You may never resell the Services accessed under these Terms of Services.
You may invite other users to your Keboola Connection Projects. You undertake to us that each such invited user will agree to and comply with these Terms of Service.
When using the Platform, you must comply with Terms & Conditions – the rules of conduct governing the use of the Platform, as posted online at https://www.keboola.com/terms-and-conditions and as amended from time to time.
FREE USE OF SERVICES AND CREDITS
When you register on the Platform, using your email and other details which we may require for the registration, you have limited free access to the Services.
You’ll be allowed to have one Project at a time and you will receive a limited number of credits per month as part of your free access to the Services. The limit is stated on the Platform and we may update it with immediate effect by stating the new limit on the Platform or by any other notice to you. Your Project consumes credits based on the time it takes for it to run and based on the storage capacity it requires. Each credit gives you 60 minutes of total job runtime.The monthly free credits do not roll over to the next month. When such credits are used, your Project will no longer be running, but you will not lose access or any data or configurations (except as provided below). If you need more than one Project, contact our support; we may allow that on a case-by-case basis. Credits are not transferable from one Project to another.
You can obtain additional credits for your Project, either by purchasing them via the top up page of the Platform or by being granted those by us as a bonus or reward for certain activity (such as participation in a survey) as announced by us from time to time. Purchased credits generally do not expire (except at the termination) and remain available for your Project until needed. The monthly free credits will be used first, followed by any rewarded or purchased credits. When you are out of credits or when we discover that in our view your credits are not sufficient for your Project, we will notify you by email. The user interface will also let you know the status.
Other users invited to your Project can make credit purchases for your account.
If you or we cancel your Project, any unused credits forfeit without any reimbursement.
Each Project has limited overall storage capacity (the limit is visible on the Project dashboard). We may update it with immediate effect by stating the new limit on the Platform or by any other notice to you. Contact support if you need more storage capacity.
DATA MANAGEMENT
The types of data when using the Platform are:
“Data” means all data in electronic form input collected, developed, received, used or stored by Keboola or Affiliates in connection with the provision of the Services.
“User Data” means Data stored within your instance of the Services such as content of tables, content of data storage, definition of transformations, configuration of applications, and Personal Information (“Personal Information” means any and all personally identifiable information of any individual, including without limitation, the User’s accounts, account numbers, names, addresses, social security numbers, or any information derived therefrom).
“Metadata” means all Data except for User Data.
In short, you own your User Data, but we own the Metadata in order to operate and improve our Services.
In order for us to provide the Services, you grant Keboola and Affiliates a worldwide, limited, royalty-free license to access, copy, and use the User Data for the purpose of providing you the Services and improving the Services. Other than this limited license, User Data is your exclusive property. Likewise, the Metadata is our exclusive property.
Your User Data is protected, and we cannot disclose, sell, assign, lease, or otherwise provide it to third parties without your expressed prior written consent and except as necessary for providing you with the Services or required under applicable laws.
Data Security: We are careful with your User Data, and make sure it is managed in accordance with our data management and security standards. We take commercially reasonable efforts to ensure the security and confidentiality of User Data and to prevent its accidental or wrongful destruction, loss or deterioration. We also will inform you of any unauthorized disclosure, leak or access to User Data, or security breach.
We may, but are under no obligation to, review User activity, conduct, and User Data for compliance with these Terms of Service. We do not review User activity, conduct and User Data for compliance with applicable laws. Keboola hereby disclaims any and all liability associated with the content of User Data, and its use or disclosure via the Services. If we are notified that your User Data breaches other person’s rights, we may limit or block access to such User Data.
The terms and conditions of the Data Processing Agreement found at www.keboola.com/dpa, as amended from time to time (the “DPA”) are incorporated to these Terms of Services by reference and the DPA is entered into between Keboola and you upon your acceptance of these Terms of Services or updated Terms of Services, unless you and Keboola entered into a standalone data processing agreement and unless neither you nor Keboola is required to enter into a data processing agreement taking into account the nature of User Data and other aspects of the Services.
USER REPRESENTATIONS AND ABUSE OF FREE CREDITS
By using the Platform, you represent that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and, if you register on behalf of an entity also the authority, to accept these Terms of Service and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Platform for any illegal or unauthorized purpose; and (7) your use of the Platform will not violate any applicable law or regulation or good manners and general decency.
You also agree not to abuse the free credits system. You must not, for example: use multiple emails to create multiple Projects in order to stay under the free credit monthly limit; use your Project in cooperation with any other Project (whether your, other user’s or a Project under any Order Form) to work on the same assignment or for the same specific purpose or for the same beneficiary; otherwise trying to circumvent the limits of any terms under which we provide the Services, in particular limits on number of Projects or limits on credits. If we detect any such abuse, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform.
You may not circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content.
FEES AND PAYMENT
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platform. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We do not store credit card data. We bill you through an online billing account for purchases made via the Platform. Sales tax or any other applicable tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Platform.
CANCELLATION AND DELETION OF USER DATA
You may cancel your account on the Platform at any time. In such a case, we will erase the User Data within 30 days after the cancellation.
We may cancel your account if you breach these Terms of Use. In such a case, we will erase the User Data within 30 days after the cancellation.
We may also cancel your account if you do not login, make any new configuration and have no Project running for two months. Before such cancellation for inactivity, we will notify you and provide a warning that we will delete your Projects if the inactivity continues for at least seven days after the warning. We may repeat the warning at our discretion. After such deletion for inactivity, there is a 90 days grace period within which your Project can be recovered. After the grace period, the data is erased in compliance with applicable privacy laws.
If you would like us to erase your User Data, please simply delete your Project in Settings and we will erase the User Data within 30 days.
INTELLECTUAL PROPERTY RIGHTS
“Intellectual Property Rights” means any and all right, title and interest in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, trade names, rights in trade dress and packaging, moral rights, rights of privacy, publicity and similar rights of any type, including any applications, continuations, or other registrations with respect to any of the foregoing, under the laws or regulations of any foreign or domestic governmental, regulatory, or judicial authority.
Keboola Connection, including its constituent elements, is protected by copyright, trade secret, and other intellectual property laws. By using the Services, you are not granted any Intellectual Property Rights in or to Keboola Connection or any of its constituent components. You are only granted the limited, nonexclusive, non-transferable, non-sub-licensable right to access and use Keboola Connection as a service and only pursuant to these Terms of Service.
Unless otherwise indicated, the Platform and Keboola Connection are our proprietary property and all source code , databases, functionality, software, website designs and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Platform “AS IS” for your information and use according to these Terms of Service only. Except as expressly provided in these Terms of Service, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission .
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
COMPONENTS AND OTHER THIRD -PARTY CONTENT
The Platform may contain components and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Platforms accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to use or install any Third-Party Content, you do so at your own risk, and you should review the applicable terms and policies, including privacy and data gathering practices, of any SUCH Third-Party Content. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content.
PRIVACY POLICY
We care about data privacy and security. Before accessing or using the Platform, you must read our Privacy Policy available from the Platform.
TERM AND TERMINATION
These Terms of Service shall remain in full force and effect while you use the Platform. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use the Platform (including blocking certain IP addresses), to any person for any reason.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms shall be governed by and defined following the laws of the Czech Republic. You irrevocably consent that the courts of the Czech Republic shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
CORRECTIONS
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
DISCLAIMER
The site is provided on an as-is and as-available basis. You agree that your use of the Platform and Services will be at your sole risk to the fullest extent permitted by law. We disclaim all warranties, express or implied, in connection with the Platform and your use thereof, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees or agents be liable to you, or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data or other damages arising from your use of the Platform, even if we have been advised of the possibility of such damages.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Platform; breach of these Terms of Service; any breach of your representations set forth in these Terms of Service; your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
MISCELLANEOUS
These Terms of Service and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us, except that if you also have signed or will sign in the future an Order Form according to our Master Software Subscription Agreement, these Terms of Use do not terminate or amend the terms of such Order Form and the Services may be provided in parallel under these Terms of Services and the Order Form, depending on which Project you work on. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Platform. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
CONTACT US
In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us via the contact form or contact details available on the Platform.