Terms and Conditions
Date of last revision: July 3, 2021
This website (https://www.kado.ai/, hereinafter referred to as the “Website” or “Site”) is owned and operated by Kado Education Inc, a corporation organized under the laws of Canada, with registered address at 1067 Mccuaig Dr, Milton ON L9T 6T2, Canada; and Canada Federal Corporation Number- 1202294-0 (hereinafter referred to as the "Company", “Kado”, "we" or "us").
1. About Kado
1.1 Kado provides a platform to companies that provides access to a library of methods, diagnostic tools, forums, and real-world examples to help them implement advanced computational methods including but not limited to Machine Learning, Optimization, Simulation, Problem Solving, Knowledge Representation, Dealing with Uncertainty, and forms of Computing (“Services”).
1.2 Kado is a freemium service which aims to make Services available to its users.
2. Accessing the Website and Account Security
2.3. Children under the age of 13 are not allowed to create an account or otherwise use the Services. Additionally, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have received verifiable consent from your parent or legal guardian.
2.4. If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you confirm that you have full legal authority to bind such an entity to these Terms.
2.5. We reserve the right to withdraw or amend this Website, and any Service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
2.6. We are dedicated to ensuring the accessibility, integrity and security of personal, and financial information (collectively referred to as “User Data”). The User shall be responsible for ensuring that all persons to whom access has been granted to the Website or any of the Services, including the User’s account, are aware of these Terms, and have had the opportunity to review, accept and comply with the Terms.
2.7. When you select your password, and or any other piece of information as part of Company’s security procedures, you are expected to treat such information as confidential. You agree to accept responsibility for all activities that occur under your e-mail and password. You agree to notify us immediately of any unauthorized access to, use or disclosure of your e-mail, password, or any other security violation or breach.
2.8. Company shall have the right to disable any e-mail, password, or other identifier at any time in our sole discretion if, in our opinion, you have violated any provision of any of the Terms.
3. Grant of License
3.1. This Website contains proprietary notices and copyright information, the terms of which must be observed and followed.
3.3. You may not copy (except as expressly permitted by this license and any other applicable terms, conditions, or usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website or the content therein for any purpose other than as specifically intended by us or the Service . The Company shall be entitled to suspend or terminate the license granted to the User under this Clause 3 on immediate basis in the event the User defaults in payment of applicable fees, if any.
3.4. Except for the limited permission in the preceding paragraphs, the Company does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Website or in any other media provided however you may be permitted to share the content with other employees of your entity. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
4. Third-Party Content
4.1. The Site may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created or submitted to the Services by other users, third-party contributors (collectively referred to as “Third-Party Contributor”), some of whom may be anonymous. Be advised that the Content may be inaccurate, incomplete, misleading or deceptive. The Company does not endorse and is not responsible for any Content, including any advice, opinion, information, or statement contained therein. You acknowledge that by accessing the Website, you may come into contact with Content that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that the Company shall have no liability with respect to such content.
4.2. Although we have no obligation to do so, we may monitor Content posted on the Website including Your Content (which along with Content posted by other users shall be referred to as “User Content”), and reserve the right to delete any Content or portion thereof that, that in the Company’s sole discretion, violates the above rules, including any Content that is unrelated to the specific area of the Site on which it is posted, or that is an unauthorized advertisement, or other commercial message, or that the Company determines in its sole discretion to be inappropriate. If you believe that any Content violates this Agreement or our policies, please contact us immediately at [email protected] so that we may have the opportunity to consider whether to remove the content or not. For avoidance of doubt, the Company does not have any obligation to remove any Content, and whether Content is deemed to be inappropriate or violates any Terms will always remain within the sole discretion of the Company.
4.3. The User hereby agrees, during or after the term of this agreement, not to reveal any Content available only to registered users to any person, firm, corporation, or entity without the approval of the Third-party Contributor. Should User reveal or threaten to reveal this information without such approval, the Third Party Contributor shall be entitled to an injunction restraining the User from disclosing same, or from rendering any services to any entity to whom said information has been or is threatened to be disclosed, the right to secure an injunction is not exclusive, and the Third Party Contributor may pursue any other remedies it has against the User for a breach or threatened breach of this condition, including the recovery of damages from the User.
4.4 Nothing in this Agreement or the Service, is intended to grant any rights to the User under any patent, copyright, trade secret or other intellectual property right nor shall this Agreement or Service grant the User any rights in or to the Third Party Contributor’s Content. Use of such Third Party Contributor’s shall be subject to written approval of the relevant user or third party contributor.
5. Your Content
5.1. Company does not claim ownership of any materials the User makes available through the Website or in furtherance of any Service. At Company's sole discretion, such materials may be included within the Website or associated Service in whole or in part or in a modified form. Only to the extent as permitted by law, if you post content or submit material to the Company, including photographs or other material you grant us a nonexclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sub-licensable right and license to use, make, sublicense, reproduce, distribute, perform, display for the purpose of providing Services to its Users, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the Company’s website or its publisher partners, maintaining the Company website and promoting the Company without restriction. You further grant to the Company, its affiliates, and sublicensees the right to use your user-name, user name, and/or trademarks and logos in connection with any such User Content or Company marketing materials or content that we might publish or display on the site.
5.2. As a User of the site, you represent, warrant and acknowledge that: (i) you own the User Content that you submit, display, post or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) that all such User Content, and its submission, display, posting or availability on or through the Site does not violate any applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in or cause any breach of contract between you and any third party. You further agree to pay for all royalties, fees, damages, and any other monies of any kind owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless the Company and its affiliates and sublicensees from all claims of any kind resulting from any such User Content.
5.3. You must not post any Content that is threatening, abusive, unlawful, fraudulent, discriminatory, libellous, defamatory, obscene or otherwise objectionable, or that contains ethnic, sexual, racial or other discriminating slurs, or violates our Content Policy in any other way. You must also not post any Content that contains solicitations, advertisements, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.
5.4. You are prohibited from posting any User Content containing state, government or federal identification information or numbers (whether your own or of another person), such as national identification number, social security number, passport number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information could possibly cause identity theft. The Company may remove any such identification information, but we are under no obligation to do so and have no responsibility and disclaim all liability or damages for any user posting of such identification information.
5.5. You agree that you provide the User Content at your risk and that the Company is not responsible for unauthorized use of such User Content by any third party which may have access to the Website or Service. You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of the User Content you provide or the use, misuse, or disclosure of your User Content by the third parties thereof. For avoidance of doubt, you are entitled to pursue any remedy against such third parties.
6. Use of User Content by the Company
6.1. By sending the Company any information or material, you grant the Company an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that the Company is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally identifiable information that you submit to the Company for the purpose of receiving products or services will be handled in accordance with our privacy policies which may be found at https://www.kado.ai/pages/privacy.
7. Subscription to Premium Service
7.1. The Company offers a number of premium plans, which offer differing services, content, conditions and limitations, as more particularly specified in the frequently asked questions, including the terms of refund, deferral and withdrawal. The details of the plan you select will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription at https://www.kado.ai/start.
7.2. Billing Cycle. The membership fee for the premium services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your payment method on the specific payment date indicated on your profile page.
7.3. Payment Methods. To use the premium service, you must provide one or more payment methods. You authorize the Company to charge the payment method associated with your account at the start of your billing cycle. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, the Company may suspend your access to the service until we have successfully charged a valid payment method. For certain payment methods, you may be charged certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Local tax charges may vary depending on the payment method used.
7.4. Changes to the Price and Subscription Plans. The Company may change the subscription plans and or the price of the premium Service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than the end of your current billing period.
8. Links to Third Parties
8.1. This Website may provide links or references to non-Company websites and resources ("Third Parties"). The Company makes no representations, warranties, or other commitments or endorsements whatsoever about any third party websites or third-party resources that may be referenced, accessible from, or linked to any Company site. In addition, the Company is not party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Company or website. When you access a non-Company or an off-Website URL, even one that may contain the Company-logo, please understand that it is independent from the Company, and that the Company does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information. Company does not endorse or represent any service provider as may be listed on the Website. Please carefully review the terms of service and privacy policies of all such sites prior to usage.
9. Acts Against the Services
9.1. You shall not attempt or engage in potentially harmful acts that are directed against the Services including, without limitation, any one or more of the following: (a) Using the Services in contravention of: (i) any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or Account that you are not authorized to access; (e) forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) posting content that contains pornography, graphic violence, threats, hate speech, or incitements to violence; (g) violating or attempting to violate any security features of the Services; (h) emulating or faking usage of the Services; (i) using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Site; (j) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services; (k) interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" the Services; (l) causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of the Company; (m) tampering with the operation, functionality, or the security of the Services; (n) attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services; (p) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services; (q) acting illegally or maliciously against the business interests or reputation of the Company; (r) using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with the Company; (s) reselling or repurposing your access to the Services or any purchases made through the Services;.
9.2. Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.
10. Trademarks and Copyright
10.1. The trademarks, logos and service marks displayed on the Website are the property of Company and other associated parties and service providers. You are prohibited from using any Marks for any purpose without the written permission of the Company or such third party which may own the Marks.
10.2. All information and content including any software programs available on or through the Website or any or each of the Services ("Content") is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Website for commercial or public purposes.
10.3. You further acknowledge that the Services may contain information which is designated confidential by Company and that you shall accordingly not disclose any information marked as such without Company’s prior written consent.
10.4. Proprietary Material shall remain the property of the Company and other associated parties and service providers. You are permitted to utilize, modify, transmit, and display the Proprietary Material within the scope of the license and solely for the intended purpose. Nothing contained herein shall restrict the Company to provide Services and license Proprietary Material to any other user.
10.5. Respecting Copyright
10.5.1. We honor the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if the Company becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.
10.5.2. We make it easy for you to report suspected copyright infringement. If you believe that anything on the Website infringes a copyright that you own or control, please contact Us:
Kado Education Inc.
Attn: Copyright Agent
Address: 1067 Mccuaig Dr, Milton ON L9T 6T2, Canada
Email: [email protected]
If you file a notice by mail with Us, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). Please forward the following information to the Company in way of a notice:
a. Your name, address, telephone number, and email address
b. A description of the copyrighted work that you claim has been infringed;
c. The exact URL or a description of where the alleged infringing material is located;
d. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
f. A statement by you, 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.
11. Disclaimer of Warranties
11.1. The Company disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed on the site (including User Content), regardless of whether paid for or used for free. The Company disclaims any responsibility for the failure to store, mis-delivery, deletion or untimely delivery of any information, emails or material (including User Content). The Company disclaims any responsibility for any harm of any kind resulting from downloading or accessing any information or material on the Site or on other third party sites or services on the Internet accessed through the Site including User Content. Under no circumstances shall the Company be liable to you or any third party because of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall the Company be liable to you or any third party because of your use or misuse of or reliance on any third party site or service you link to from the Company’s Site.
11.2. The Company further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery, account login, or any other Services provided by the Company as a result of technical problems or traffic congestion on the Internet or any any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will the Company be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.
11.3. USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, USER CONTENT, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, WE MAKE NO WARRANTY OR GUARANTEE THAT THIS WEB SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
11.4. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability
12.1. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES, OR ITS THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF THE COMPANY OR ITS AFFILIATES, OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION OR USER CONTENT OR MATERIALS POSTED ON THE SITE, FROM INABILITY TO USE THE SITE OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE BY THIRD PARTIES OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR SERVICES OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE OR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW.
12.3. User acknowledges and agrees that without the foregoing exclusions and limitations of liability, the Company would not be able to offer the website or services, and that such exclusions and limitations of liability shall apply, even if they would cause user’s remedies under this agreement to fail their essential purpose. Notwithstanding the foregoing, some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages in certain circumstances, and so the foregoing limitation and exclusions may not apply to the user to that extent.
13. Applicable Law
13.1. By using the services, you agree that the laws of the province of Ontario, Canada without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Us. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Ontario, Canada, and you consent to personal jurisdiction in these courts.
15. Waiver and Severability
16. Entire Agreement