These Terms constitute a binding agreement between You and Kudos and are deemed accepted by You each time that You use or access Kudos services (“Services”). If You do not accept the Terms stated here, do not use the Services.
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” hypertext 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 cannot be 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.
The Kudos logo, “Kudos” and “Thank Different” are considered Kudos’s trademarks. The absence of a name or logo 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.
- You must be 13 years or older to use this Service.
- You must provide your full legal name, a valid email address, and any other required information to complete the sign-up 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.
- One person may not maintain more than one free account.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have 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’s sole discretion, without prior notice to you.
- You may stop using the Services at any time and you do not need to specifically inform Kudos when you stop using the Services.
- Unless you have been specifically permitted to do so in a separate agreement with Kudos, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
Payment, Access, and Account Updates
- A valid credit card is required for paying accounts. A credit card is not required to create or use a free account.
- If you initially sign up for a paid account, and you don’t cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
- 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, or 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. Users that are re-activated after being archived for a minimum of one month will be charged a $5 re-activation fee.
- 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.
- All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
- 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 at any time by clicking on the Admin and cancelling your account under Account profile. Email or phone requests to cancel your account will not be deemed cancellation.
- Your account and all of its Content will be deleted immediately upon your cancellation of the Service.
- 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.
- 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 or its suppliers own 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. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service that Kudos or its suppliers own.
- 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 their 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 is done so at your own risk. Kudos cannot control the actions of other users with whom you may chose 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.
- 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).
Each Party (the “Indemnifying Party”) shall indemnify, defend and hold harmless the other Party (the “Indemnified Party”) and each of the Indemnified Party’s parent, affiliated, subsidiary and related entities throughout the world and each of its and their respective shareholders, officers, directors, employees and agents from and against all liabilities, damages, losses, costs or expenses (including, without limitation, reasonable attorneys’ fees and expenses) arising out of or in connection with any actual or threatened claim, suit, action or proceeding brought or threatened by a third party arising out of or relating to any actual or threatened claim, suit, action or proceeding brought or threatened by a third party arising out of or relating to any claim that the Indemnifying Party’s Property infringes or misappropriates any intellectual property right of any person. Each Party’s indemnification obligations under this Section are conditioned on the other Party notifying the indemnifying Party promptly in writing of such action, the other Party giving the indemnifying Party sole control of the defense thereof and any related settlement negotiations, and the other Party cooperating and, at the indemnifying Party’s reasonable request and expense, assisting in such defense.