End User Licence Agreement
This agreement applies between the AWS Marketplace seller identified in the applicable order (the "Licensor") and the customer accepting that order (the "Customer"). The AWS Marketplace order, pricing and AWS terms also apply.
1. Service and licence
During the order term, the Licensor grants the Customer a limited, non-exclusive, non-transferable right for its authorised users to access and use Telesto for the Customer's internal business purposes, within the purchased tier, quantity and documentation.
2. Customer responsibilities
The Customer is responsible for its users, credentials, model-provider accounts, configuration, lawful instructions and data submitted to the service. The Customer must maintain reasonable account security and promptly report suspected unauthorised use.
3. Restrictions
The Customer must not resell or sublicense Telesto; circumvent usage or security controls; reverse engineer the service except where law does not permit that restriction; use it to violate law or third-party rights; introduce malicious code; or attempt unauthorised access to the service or another customer.
4. Customer data and model providers
The Customer retains its rights in Customer data and authorises the Licensor to process it only as necessary to provide, secure, support and improve the service under the order and applicable privacy terms. Model providers selected by the Customer are separate services governed by their own terms. Provider consumption charges are not included unless the order expressly says otherwise.
5. Security and confidentiality
Each party will protect the other party's confidential information using reasonable care and use it only to perform the agreement. The Licensor will maintain reasonable technical and organisational safeguards appropriate to the service. Required disclosures by law are permitted where notice is legally allowed.
6. Intellectual property
The Licensor and its licensors retain all rights in Telesto, its documentation and related technology. No rights are granted except those expressly stated. Feedback may be used without restriction provided it does not identify the Customer or disclose Customer confidential information.
7. Fees and taxes
AWS Marketplace processes charges, taxes, renewals and refunds under the order and AWS terms. The Customer must manage cancellation or renewal through AWS Marketplace. Private-offer terms prevail where they conflict with this general agreement.
8. Availability and changes
The Licensor may make reasonable changes needed for security, legal compliance, reliability or product improvement, without materially reducing the purchased core functionality during the order term. Specific service levels apply only if stated in the order.
9. Suspension and termination
The Licensor may suspend access to address a security threat, unlawful use, material breach or an ended AWS entitlement. Access ends when the AWS agreement expires or is terminated. Provisions intended to survive, including confidentiality, intellectual property, payment and liability terms, will survive.
10. Warranties
Each party warrants it has authority to enter the agreement. The service will materially conform to its documentation when used as permitted. Except to the extent required by law, other warranties are excluded, and the service is not warranted to be uninterrupted or error-free.
11. Liability
Neither party is liable for indirect, special, incidental or consequential loss, or lost profit, revenue, goodwill or data. Except for liability that cannot lawfully be limited, each party's aggregate liability arising from the service is limited to the amounts paid or payable for Telesto under the applicable order in the 12 months before the event giving rise to the claim.
12. General
The parties are independent contractors. Neither party may assign the agreement without the other's consent, except in connection with a merger, reorganisation or sale of substantially all relevant assets. If a provision is unenforceable, the remainder continues. Unless the order states otherwise, the laws of England and Wales govern and its courts have exclusive jurisdiction.
13. Contact
Questions about this agreement or the service may be sent to info@kinu.ai. Customer support information is available at telesto.kinu.ai/support.