Terms of service
This is a draft terms of service for Kaduno. Legal content is marked where review is still required. The terms apply between the customer (the company entering into the agreement) and Kloner AS.
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Scope of service
Kloner AS ("Kloner", "we") delivers Kaduno as a cloud-based software-as-a-service (SaaS). The service provides access to the K-modules and features described in the applicable order confirmation or agreement.
Kloner may update, improve, or adjust the service on an ongoing basis. Material changes that affect existing functionality will be communicated with reasonable notice.
Customer responsibilities
The customer is responsible for:
- Providing accurate registration details and keeping them up to date. - Keeping login credentials and API keys confidential. - Ensuring that users within the customer's organisation are aware of and comply with these terms. - Processing personal data in accordance with applicable privacy legislation, including the GDPR, where the customer is the controller. - Taking regular backups of exported business data where necessary for the customer's own purposes.
Acceptable use
The service must not be used for:
- Illegal activity or to facilitate illegal activity. - Sending unsolicited communications (spam). - Attempting to circumvent access controls, damage the platform, or access another tenant's data. - Reselling the service without a written agreement with Kloner.
Kloner reserves the right to suspend access in the event of a material breach of these rules, with prior notice where practicable.
Availability (no numeric SLA)
Kloner strives for high availability and operates the platform with monitoring and alerting. Specific uptime commitments (SLA) are agreed individually in the service agreement and are not specified in these general terms.
Scheduled maintenance will be communicated with reasonable notice. In the event of unplanned outages, we will communicate status via the status channel specified in the agreement.
Limitation of liability (to be completed at legal review)
[Placeholder clause — to be reviewed by legal counsel.]
To the extent permitted by applicable law, Kloner's aggregate liability to the customer is limited to an amount specified in the service agreement. Kloner is not liable for indirect losses, loss of profit, loss of data, or consequential damages.
These limitations do not apply in cases of gross negligence or wilful misconduct on Kloner's part.
Termination and data export
Either party may terminate the service agreement in accordance with the notice period specified in the agreement.
Following termination, the customer will have access to export their data during a reasonable transition period as specified in the agreement. After this period expires, Kloner will delete customer data in accordance with DPA obligations.
Kloner may terminate with immediate effect in the event of a material breach by the customer.
Governing law and jurisdiction
These terms are governed by Norwegian law. Disputes not resolved amicably shall be referred to the ordinary Norwegian courts, with the Oslo District Court as the agreed venue, unless otherwise agreed.