1. General Principles

These Terms of Service (“Terms”) govern the use of the KIME platform and related services (“Service”). The Service is offered exclusively to business customers and organizations. Use by private consumers is expressly excluded. By registering, accessing, or using the Service, the contracting company or organization (“Client”) agrees to these Terms.

All contractual relationships are formed solely on the basis of these Terms. Any general terms of the Client that deviate from or conflict with these Terms shall not apply unless KIME has accepted them in writing.

2. Scope of Service

KIME provides a software-as-a-service platform focused on AI-powered marketing analytics and visibility insights. The precise scope of features and functions is described on our website or in separate order forms.

KIME may update, refine, or modify the Service from time to time to maintain functionality, improve performance, or comply with applicable regulations. Substantial changes that materially reduce core features will be communicated in advance.

Service availability may depend on third-party data providers and infrastructures. KIME does not assume liability for interruptions caused by third parties but will act with diligence to restore availability or provide alternatives if feasible.

KIME does not guarantee specific business outcomes or commercial results from use of the Service unless expressly agreed in writing.

3. Client Responsibilities

The Client undertakes to use the Service exclusively for legitimate business purposes and in accordance with applicable law. The Client is responsible for maintaining the confidentiality of login credentials and ensuring that only authorized employees gain access.

All content, information, or data provided by the Client must be lawful and free of third-party rights infringements. The Client shall not attempt to reverse-engineer, decompile, or otherwise manipulate the Service beyond the permitted use.

In case of breach of these obligations, KIME may suspend access temporarily or permanently and may terminate the agreement for cause.

4. Intellectual Property and Data Rights

All intellectual property rights in the Service, including but not limited to software, code, models, algorithms, and design, remain the exclusive property of KIME. KIME grants the Client a limited, non-exclusive, non-transferable right to use the Service during the contract term for internal business operations.

The Client retains all rights to data, materials, and content uploaded into the Service (“Client Data”). By providing Client Data, the Client grants KIME the right to process such data solely for the provision of the Service and fulfillment of contractual obligations. KIME will treat Client Data in accordance with applicable data protection laws and the KIME Privacy Policy.

Upon termination of the contract, Client Data will be deleted or returned upon request, subject to statutory retention obligations.

5. Fees and Payment Terms

Service fees are agreed individually or according to the pricing published on KIME’s website. All amounts are exclusive of applicable taxes.

Invoices are issued in accordance with the agreed billing cycle and are payable within the period stated on the invoice. If payment is not received on time, KIME may charge default interest in accordance with statutory provisions and, after reasonable notice, suspend access to the Service until payment is received.

The Client may only offset undisputed or legally established claims against KIME’s payment claims.

6. Liability

KIME shall be liable without limitation for damages caused intentionally or by gross negligence, as well as for injury to life, body, or health.

In cases of simple negligence, liability is limited to breaches of material contractual duties, i.e. duties essential for the execution of the contract and upon which the Client may reasonably rely. In such cases, liability is limited to foreseeable, contract-typical damages.

Any further liability for slight negligence is excluded. The foregoing limitations also apply to the personal liability of KIME’s officers, employees, and agents.

The Client shall indemnify KIME against any third-party claims arising from unlawful use of the Service or violation of these Terms by the Client.

7. Term and Termination

The contract commences upon Client’s acceptance of these Terms and remains valid for the agreed term (monthly, annual, or otherwise specified in the order). Unless otherwise agreed, contracts renew automatically for the same term unless terminated by either party in due time.

Each party may terminate the agreement for convenience in accordance with the agreed notice period. Termination for cause without notice remains unaffected, particularly in cases of serious breach of contract or persistent non-payment.

Upon termination, the Client’s access will be deactivated. Any remaining Client Data should be exported prior to termination. KIME may delete Client Data after a reasonable retention period, except where legal obligations require continued storage.

8. Governing Law and Dispute Resolution

These Terms are governed by Danish law, excluding its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

The exclusive place of jurisdiction for all disputes arising from or related to the contractual relationship shall be Copenhagen, Denmark, provided the Client is a business entity within the meaning of Danish law.

9. Public References

Unless otherwise agreed, KIME may name the Client as a reference customer and use its name and logo in marketing materials, presentations, and on the KIME website. The Client may object to such use for legitimate reasons by written notice.

10. Final Provisions

KIME may amend these Terms from time to time. Clients will be notified of material changes with reasonable notice. If the Client continues to use the Service after the notice period, the changes will be deemed accepted.

These Terms, together with the specific order or subscription agreement, constitute the entire agreement between the parties. Any modifications must be made in writing unless mandatory law requires stricter form.

If any provision of these Terms is or becomes invalid, the remainder shall remain in full force. The invalid provision shall be replaced by a valid clause that most closely reflects the economic intent of the original.

For questions regarding these Terms, please contact: support@kime.ai.