Website Terms of Use

These Website Terms of Use (these “Terms”) govern access to and use of kanerika.com and any other website operated by Kanerika Inc., a Texas corporation with its principal place of business at Summit Executive Centre, 13706 Research Blvd, Suite 211 D, Austin, TX 78750, United States (“Kanerika,” “we,” “us,” or “our”) (collectively, the “Site”). By accessing or using the Site, you (“User” or “you”) agree to be bound by these Terms. If you do not agree, do not use the Site. 

These Terms govern only your use of the Site. They do not grant any license to Kanerika’s software, platforms, or accelerators, including FLIP and the Migration Accelerators. Access to and use of Kanerika’s products is governed exclusively by the Kanerika Master License Terms and an applicable Order Form, available at kanerika.com/licensing-agreement/. 

1. ACCEPTANCE OF TERMS 

1.1  By accessing or using the Site, you represent that you have the legal capacity to enter into these Terms, and, if you are using the Site on behalf of an organization, that you have authority to bind that organization to these Terms. 

1.2  We may revise these Terms at any time by posting an updated version at this URL. Changes take effect when posted. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.

2. THE SITE AND KANERIKA’S PRODUCTS

2.1  The Site provides information about Kanerika’s services, products, and offerings, and may include interactive tools such as assessments and calculators (for example, the AI Maturity Assessment and Migration ROI Calculator), content libraries, and forms for scheduling, registration, or inquiries. 

2.2  Nothing on the Site, and nothing in these Terms, grants you any license or right to access or use FLIP, the Migration Accelerators, or any other Kanerika software, platform, or accelerator. That access is governed exclusively by the Kanerika Master License Terms and an applicable Order Form.

3. PERMITTED USE

3.1  You may access and use the Site for your own informational and business evaluation purposes. 

3.2  You may not, and may not permit any third party to: (a) copy, reproduce, republish, distribute, or publicly display any part of the Site except as necessary for your own permitted use; (b) use any robot, spider, scraper, or other automated means to access the Site without our prior written consent; (c) reverse engineer, decompile, or attempt to derive the source code of any software underlying the Site; (d) interfere with or disrupt the Site’s operation, security, or servers; (e) upload or transmit viruses, malware, or other harmful code; (f) misrepresent your identity or affiliation, or impersonate any person or entity; (g) use the Site to violate any applicable law or any third party’s rights; or (h) use the Site’s content or any tool on the Site, including a calculator or assessment, to build or support a competing product or service.

4. INTELLECTUAL PROPERTY

4.1  The Site and all content on it, including text, graphics, logos, product names, videos, whitepapers, and the underlying design and code, are owned by Kanerika or its licensors and are protected by copyright, trademark, and other intellectual property laws. 

4.2  Kanerika, the Kanerika logo, FLIP, and other Kanerika product and service names are trademarks of Kanerika. These Terms do not grant you any right to use Kanerika’s trademarks without our prior written consent. 

4.3  You may print or download material from the Site solely for your own internal, non-commercial reference, provided you retain all copyright and proprietary notices.

5. SUBMISSIONS

5.1  If you submit content to the Site, including through a contact form, guest blog submission, webinar registration, or newsletter sign-up, you grant Kanerika a non-exclusive, worldwide, royalty-free license to use, reproduce, and display that content in connection with operating the Site and our business, and you represent that you have the right to grant that license. 

5.2  Kanerika may, but is not obligated to, review, edit, or remove any submitted content, including guest blog submissions, at its discretion.

6. THIRD-PARTY LINKS

6.1  The Site may link to third-party websites that Kanerika does not control. Kanerika is not responsible for the content, accuracy, or practices of any third-party site, and inclusion of a link does not imply endorsement.

7. PRIVACY AND COOKIES

7.1  Our collection and use of personal information through the Site is described in our Privacy Policy (kanerika.com/privacy-policy/). Our use of cookies is described in the cookie consent tool available on the Site. Data processed in connection with Kanerika’s products is further addressed in our Data Processing Addendum (kanerika.com/dpa/).

8. DISCLAIMER OF WARRANTIES

8.1  THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KANERIKA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY CONTENT ON THE SITE, INCLUDING RESULTS FROM ANY ASSESSMENT OR CALCULATOR TOOL, IS ACCURATE OR COMPLETE.

9. LIMITATION OF LIABILITY

9.1  TO THE MAXIMUM EXTENT PERMITTED BY LAW, KANERIKA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KANERIKA’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD 100). 

9.2  This Article does not apply to, and does not limit, liability arising from your use of Licensed Materials under an Order Form, which is governed by the Kanerika Master License Terms.

10. INDEMNIFICATION

10.1  You will indemnify and hold Kanerika harmless from any third-party claim, and related costs and expenses, arising from your violation of these Terms or your misuse of the Site.

11. TERMINATION

11.1  Kanerika may restrict, suspend, or terminate your access to the Site at any time, for any reason, including a violation of these Terms.

12. GOVERNING LAW AND VENUE

12.1  These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas.

13. GENERAL

13.1  Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect. 

13.2  No Waiver. No failure to enforce any provision of these Terms is a waiver of that provision. 

13.3  Entire Agreement. These Terms, together with the Privacy Policy and any other policies referenced in these Terms, constitute the entire agreement between you and Kanerika regarding use of the Site.

14. CONTACT

14.1  Questions about these Terms can be directed to Kanerika Inc. at kanerika.com/contact-us/.