Terms of Service for Kive
Last update: February 15, 2021
Information about Kive
Kive is a platform for media asset hosting and management, collaboration, data enrichment, smart discovery and search, provided by To Labs AB (“we”, “us” or “our”). These terms and conditions (the "Terms") apply when you use Kive.
By creating an Account and using the Services you agree the Terms. If you do not agree to these Terms, you must not create an Account or use the Services.
You may contact us through our chat at our Website or by email at email@example.com ("Contact Information").
means the account that you register and create on the Site.
means the information set out above.
which describes how we process personal data.
means the services described under section "Services" below which we have made available through the Website, together with any such other related goods, equipment, services and information made available by us to you.
is defined under section "Term" below.
means our website (https://kive.ai) relating to the Services.
Description of the Services
At Kive, we're on a mission to empower creators with better tools. Kive is a platform for media asset hosting and management, data enrichment, smart discovery and search (the “Services”). We automatically organise your content, make it searchable and discoverable in a range of ways, enable collection in boards and projects, and sharing of assets across teams and with collaborators. We suggest similar content within your own assets and may suggest content or topics you might be interested in exploring. We make presenting ideas and assets easy to your team and people outside your workspace. We also suggest people you might want to connect with. More information about the Services can be found at kive.ai/pricing
Setting up an Account
For ordering of the Services, you must create an Account. Your Account is personal, and you may not transfer or give access to your Account to others. Once an Account has been created, and payment has been made where prepayment is required, the Services will be available and ready to use. You can find out more about our pricing and how to set up a subscription under section “Subscription” and at https://kive.ai/pricing.
We offer the Services to individuals acting as consumers (as defined under applicable local law), companies and other legal entities.
You may not use the Services if you are below eighteen (18) years of age, unless you have legal permission from your legal guardian.
By registering an Account and using the Services on behalf of a legal entity, you warrant that you are authorised to enter into these Terms on the behalf of the legal entity. If you are a business customer, these Terms constitute the entire agreement between us.
Use of the Services
When you use the Services, you must always comply with all applicable laws, regulations and public orders. You shall not access the Services other than through interfaces provided by us and as otherwise expressly authorised under these Terms. You may not use the Services in a manner contrary to our, or any third parties, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time.
You agree to be responsible for all activities that occur under your Account. Credentials for your Account must be kept secure at all times and you are forbidden to share data relating to your Account with any third parties. Should you suspect that your Account or your credentials have been or are being used by a third party you must contact us immediately by using any of our Contact Information.
We may have to suspend the Services to:
Deal with technical problems or make minor technical changes; or
Update changes to the Services to reflect changes in applicable laws and regulatory requirements.
We will contact you in advance in case we need to suspend the supply of any Services. This does not apply if the problem is urgent.
We are entitled to decline or adjust an order from you and close down your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account. This shall also apply if you fail to comply with these Terms (for example if you have not paid for the Services in time) or other mandatory provisions by law. Upon occurrence of any of these events, we will contact you and request that you remedy your breach of these Terms.
Your provision of content
The Website include(s) functions for uploading and storing of files and other information provided by you ("Content"). You are responsible for all distribution and other actions by you and in your Account.
By uploading Content to the Website, you warrant a) that you are the owner of the uploaded Content or b) that you are entitled to manage the Content in such way that the Content or your use of the Content in no way violates any applicable legislation or any third party’s rights. We will not supervise whether any Content is lawfully uploaded or distributed through the Website. You further warrant to protect us from any claims directed against us as a result of the Content, and to indemnify and hold harmless us from third parties’ claims as a result of your violation of this section.
As between you and us, you own and control all right, title, and interest in and to any data and Content you upload, post, transmit or otherwise make available through the Services. In order to provide our Services, administrate your Account, provide support and develop our Services, we need access to your Content. You hereby grant us a royalty free, worldwide, non-exclusive license to use, process, access, modify, display, copy and store Content in order to provide the Services to you and enable you to share the Content or interact with other people, to distribute and publicly perform and display Content as you direct or enable through the Services.
By adding Content to the Website, you are aware that, depending on the settings of your Account, such Content might be shared with others. The Content in your workspace is private unless you choose to share it with others through the settings of your Account.
We host our Services through Google Cloud Platform and implement reasonable security measures to protect your Content. Such security measures include for example access control and back-up execution. We are not liable for any loss of Content and we advise you to always keep your own backup. We do not take any responsibility with regards to the validity of Content provided by you.
Prices and payment
The Services are provided through a subscription model. Payment for use of the Services is made periodically in advance. Each payment will cover a Subscription Period during which you will have access to the Services.
Applicable prices for the Services can be found at https://kive.ai/pricing. The price for the Services will always be presented in the checkout before you complete your payment. The prices include any explicitly set out relevant value added tax (VAT) or other fees and taxes.
Once you have completed your payment, we will send an email confirmation of your subscription, at which point a contract will come into existence between you and us. You will get access to the Services upon a successful payment.
We have the right to change the prices for the Services. If we change the prices, we will notify you in advance. Price changes will take effect at the start of the Subscription Period following the date the prices were changed. By continuing to use or access the Services after the price changes come into effect, you agree to be bound by the new prices. You are entitled to cancel your subscription at any time, and you will continue to have access to the Services throughout your current Subscription Period.
In order to provide secure payments, we use third-party payment service provider Stripe in our check-out. As an independent service provider, Stripe’s terms and conditions (https://stripe.com/payment-terms/legal) apply for the payment services. We will not have access to or store any payment card information.
The Services may be paid for by credit or debit card. You must keep the payment information accurate and updated.
You agree to pay within the set time for the payment method you choose. We have the right to close down your Account until you have paid for all the charges incurred by you. Payment after due date can entail late payment fees and interest.
Sometimes we will make available gift cards, credits and vouchers which are valid as payment method, as further described at https://kive.ai/pricing or as otherwise set out on the gift card, credit or voucher.
Term and termination
Your subscription commences upon your first payment of a Subscription Period, which can be one (1) month or one (1) year (“Subscription Period”).
At the end of each Subscription Period, your subscription will be automatically renewed for one (1) month or one (1) year subscription (depending on the term of your current Subscription Period) unless terminated by you before the last day of your current Subscription Period.
To terminate the Services go to the user settings under your Account and follow the instructions or by contacting us using the Contact Information.
Upon termination, your right to access the Services included in your subscription will be revoked after the last day of your current Subscription Period.. We will also delete or anonymise any personal information about you, with exception for any personal information that we are required to keep by law.
Any Services still ongoing upon termination shall be carried through in accordance with these Terms. Obligations arising from any breach of contract during the term of these Terms shall not be affected by termination.
The Services are defect in the following events:
The result has not been professionally performed.
We have not performed the Services in accordance with applicable security regulations.
The Services are not in accordance with what we have agreed.
The result is not in accordance with information provided in our marketing.
In the event that you consider the Services to be defect, you may make a complaint by using any of our Contact Information. You have to make the complaint within reasonable time (within two (2) months will always be considered as reasonable). You cannot make complaints in relation to defects discovered more than three (3) years after the completion of the Services.
Your rights in the event of defects
In the event of defects, you may:
Require that the defect is corrected (normally without any cost for you).
Require price reduction (corresponding to what it would cost you to have the defect corrected).
Where the purpose of the Services has forfeited, and we ought to have understood that – you may terminate the agreement.
Claim damages (you may claim economic damages for any damage caused by the defect).
Sometimes we may not complete the Services within the period agreed between us (and you have not caused this delay). You can in the event of delay:
Require that we fulfil the Services.
Where the purpose of the Services has forfeited, and we ought to have understood that – you may terminate the agreement.
Claim damages (you may claim economic damages for any damage caused by the delay).
Third party services as a part of our Services
Sometimes we may rely on third party services and/or product providers. Such providers act beyond our reasonable control and we shall not be held liable for any damages caused by an action or omission attributable to them. If you are a consumer we only supply the Services to you for private use. If you use the Services for any commercial, business and/or re-sale purpose our liability to you will be limited as follows:
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to. If you use the Services under a trial period or otherwise free of charge, our liability is limited to an amount corresponding to that period.
Defects and delays beyond our control (force majeure)
We are not responsible for delays and defects outside our control. If our suppliers are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this we will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay you may contact us to end the agreement and receive a refund for any Services you have paid for but not received.
Right of withdrawal
If you are a consumer, you have the right of withdrawal within fourteen (14) days from the day on which you acquire the Services by starting your subscription, in accordance with the Swedish Distance and Doorstep Sales Act (Sw. distansavtalslagen). The withdrawal right is only applicable during the first Subscription Period of your subscription.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by a clear written statement. Please contact us by using any of our Contact Information. You may also use this withdrawal email template.
To meet the withdrawal deadline, it is enough for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Please note that the right of withdrawal does not apply to business customers.
Effects of withdrawal
If you are a consumer and you withdraw from a contract with us, we will reimburse all payments received from you. Refunds will be processed by using the same means of payment as you used for the initial transaction.
Where we have already performed parts of the Services before you notify us your wish to withdraw, we are entitled to reimbursement at an amount proportionate to the amount payable for the full Services.
Your right as a consumer under the Swedish Distance and Doorstep Sales Act to withdraw does not apply if the total price is less than SEK 400 or if you have agreed to a) us initiating the Services during the withdrawal period and b) that your withdrawal right is in such case not applicable.
Unless otherwise expressly set out in these Terms, we do not provide refunds for returning a purchased subscription, credits for any partially used subscription, credits for any unused Account or credits by reason of your dissatisfaction with the Services.
As the subscription gives you access to the Services (which are digital and provided instantaneously after the purchase), we do not offer a right of return (such as refunding the subscription fee) unless withdrawal right is applicable in accordance with section "Withdrawal right".
Property and intellectual property rights
The Website is owned and operated by To Labs AB. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented in the Services (including titles, graphics, icons, scripts, source codes etc.) are our property or third-party licensors’ property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without our written consent.
Respect for our property
You must not tamper with, attempt to gain unauthorised access to, modify, hack, repair or otherwise adjust any of our material, hardware, source-codes or information for any purposes.
Respect for our intellectual property
The Services and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. You may not use our exclusive property for commercial or any other purposes without our written consent.
Swedish law shall apply to these Terms and our legal relationship in general.
Complaints and disputes
If you have any complaints, please contact our support department by using any of our Contact Information.
We will always first try to solve your complaints through discussions between you and our support department. In the event of a complaint or dispute you may, however, always contact the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden).
Disputes regarding the interpretation and application of these Terms shall be resolved by the National Board for Consumer Disputes or by the competent ordinary court.
Please also note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at ec.europa.eu/consumers/odr.
Changes to the Terms
We may modify these Terms at any time. In the event of changes which are not minor and may affect you, you will be notified via email. We will then inform you that it is important to object if you do not approve of the changes. If we do not get such objection within thirty (30) days after the changes were communicated, we will assume that you approve of the changes. We will also assume that you accept the changes where you enter into an agreement for the Services with us by, for example, by continuing to use the Services, after the new conditions have been submitted. The latest version of the Terms will be available on the Website.
To Labs AB is an entity registered in Sweden.
Registered address: Folkungagatan 67, 116 22 Stockholm
Reg. No: 559188-6733
VAT Reg. No: SE559188-673301