Kinisi Terms of Service
Last updated: August 9th, 2016
Welcome to the Kinisi community! Kinisi's mission is to empower people and organizations around the world with the ability to easily collect information about the mobile objects most pertinent to their interests and needs. We create the ability to rapidly collect data using a Device that is compatible with our site, kinisi.cc, and services (collectively, “Services” or “Service”).
The purpose of our Services and website, kinisi.cc (the “Site”), owned and operated by Kinisi Transit Systems, a division of Akou, Inc., (“Kinisi”, “we” or “us”), a Florida corporation located at 5150 Broadway St., Ste 248, San Antonio, TX 78209, is to provide data hosting, visualization, subscription and other services. By using the Site and Services, you acknowledge that you have read, understood, and agree to be bound by the following terms of service (collectively, the “Terms”). If at any time you do not agree to all these Terms, please immediately terminate your use of the Services. You, on your own behalf and on behalf of your organization or business entity, acknowledge that these Terms are binding and enforceable on You. In addition, when using the Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. Kinisi reserves the right, at its sole discretion, to modify, add, or delete portions of or otherwise change these Terms at any time by posting the changed Terms on the Site. All changes shall be effective immediately upon posting. Please check these Terms periodically for changes. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. Kinisi will inform you of any changes to these terms in writing electronically via email or other means.
Kinisi grants you permission to use the Services and content, as set forth in these Terms. All materials displayed or performed with the Services, including, but not limited to data, information, text, graphics, maps, logos, tools, photographs, images, illustrations, software or source code, circuit designs, instructions, messages, audio and video, animations and other material (collectively, “Content”) other than Content posted by Customer and collection of publicly-posted Kinisi data are the property of Kinisi and/or third parties and are protected by United States and international copyright laws. If you rely on any information provided by Kinisi, or others appearing on or contributing content to Kinisi Services, you do so solely at your own risk. Kinisi releases some content publicly as part of open source, Creative Commons and other means of licensing, the terms and conditions of such are described in this document.
Requirements to Use Kinisi Services
Kinisi is available for individuals aged 18 years or older. If you are under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. Use of Kinisi Services requires a compatible Device, Internet access, and certain software, may require periodic updates, and may be affected by the performance of these factors.
Kinisi Platform License Agreement
This Kinisi Platform License Agreement (the “Agreement”) is made and entered into by and between Kinisi and the person, organization or business entity agreeing to these terms (“Customer”). This Agreement is effective as of the date the Customer begins using Kinisi Services (“Effective Date”). If you do not have the legal authority to bind you, your organization or your business entity, please do not use the Services.
From Kinisi to Customer
Except for material we may license to you, Kinisi does not claim ownership of the materials and/or Content you submit or make available on the Service. However, by submitting, posting or displaying such Content on areas of the Service that are accessible by the public or other users with whom you consent to share such Content, you grant Kinisi a non-sublicensable, non-transferable, non-exclusive, terminable, limited license to use such Content for the sole purpose of enabling Kinisi to provide, maintain, protect, and improve the Services in accordance with the Agreement. You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Service that are accessible by the public or other users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorization to distribute it.
From Customer to Kinisi
Customer shall own all Customer Content that Customer contributes to the Services, but hereby grants and agrees to grant Kinisi to a worldwide, non-exclusive, non-sublicensable, royalty-free, non-transferable, terminable, limited license to use the Services and to use and integrate the Services into any application and provide the Services to users of the Application. Kinisi may copy, cache, publish, display, distribute, modify, create derivative works, and store such Customer Content and to allow others to do so (“Content License”) solely for the purpose of enabling Customer's use of the Services. Kinisi will not access, use or disclose Customers content without Customer’s permission, except as reasonably necessary to provide customer support to Customer, troubleshoot Customer’s account or for any other purpose authorized by Customer.
Third Party Components, Products and Services
Third party components, products and services, which may include (a) open source software or hardware, (b) hardware products or Devices give or resold by Kinisi, (c) electronics design schematics, (d) links, references, or services from websites operated by third parties, of the Services may be subject to separate license or warranty agreements. To the limited extent a third party license expressly supercedes this Agreement, that third party license instead governs Customer’s agreement with Kinisi for the specific included third party components of the Services, or use of the Services (as may be applicable).
Services and Obligations
Customer is solely responsible for its Applications, Projects, and Customer Data and for making sure its Applications, Projects and Customer Data comply with the Conduct policies described in the Terms. Kinisi reserves the right to review the Application, Project, and Customer Data to ensure Customer’s compliance with the Terms. Customer is responsible for ensuring all End Users comply with Customer’s obligations under the Agreement.
New Applications and Services
Kinisi may: (i) make new applications, tools, features or functionality available from time to time through the Services and (ii) add new services to the “Services” definition from time to time, the use of which may be contingent upon Customer’s agreement to additional terms.
Certain Services are provided to Customer without charge up to the Fee Threshold, as applicable.
Kinisi will issue an electronic bill to Customer for all charges accrued above the Fee Threshold based on Customer’s use of the Services during the License Term and any Device Purchases selected. For use above the Fee Threshold, Customer will be responsible for all Fees up to the amount set in the Account and will pay all Fees in U.S. Dollars or in such other currency as agreed to in writing by the parties. Customer will pay all Fees in accordance with the payment terms applicable to the Fees. Kinisi’s measurement of Customer’s use of the Services is final.
Customer is responsible for any Taxes on Service Fees, and Customer will pay Kinisi for the Services without any reduction for Taxes. If Kinisi is obligated to collect or pay Taxes, the Taxes will be invoiced to the Customer, unless Customer provides Kinisi with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If Customer is required by law to withhold any Taxes from its payments to Kinisi, Customer must provide Kinisi with an official tax receipt or other appropriate documentation to support such withholding.
Invoice Disputes and Refunds
To the fullest extent permitted by law, Customer waives all claims relating to Fees and Device Purchases unless claimed within sixty days after charged (this does not affect any Customer rights with its credit card issuer). Refunds (if any) are at the discretion of Kinisi and will only be in the form of credit for the Services and Device Purchases, unless otherwise agreed upon in writing. If a refund is provided to the Customer for a Device Purchase, Customer will return the Devices as part of the Device Purchases to Kinisi in a timely manner. Nothing in this Agreement obligates Kinisi to extend credit to any party.
Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Kinisi reserves the right to suspend Customer’s Account for any late payments
Term and Termination
This agreement will remain in effect for the License Term.
Termination for Breach
Either party may terminate this Agreement for breach if: (i) the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; (ii) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (iii) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.
Termination for Inactivity
Kinisi reserves the right to terminate the Services for inactivity, if, for a period exceeding ninety days, Customer: (a) has failed to use the Services (b) the Customer’s Devices are transmitting invalid, inconsistent, error-prone, static, or other data, which has invalid or no purpose, or (c) no electronic bills are being generated.
Termination for Convenience
Customer may stop using the Services at any time. Customer may terminate this Agreement for its convenience at any time on prior written notice and upon termination, must cease use of the applicable Services. Kinisi may terminate this Agreement for its convenience at any time without liability to Customer. Kinisi may discontinue any Services or any portion or feature for any reason at any time without liability to Customer.
Effects of Termination
If the Agreement expires or is terminated, then: (i) the rights granted by one party to the other will immediately cease; (ii) all Fees (including Taxes) owed by Customer to Kinisi are immediately due upon receipt of the final electronic bill; (iii) Customer will delete the Software, any Application, Instance, and Project; and (iv) upon request, each party will use commercially reasonable efforts to return or destroy all Confidential Information, including software and Devices, of the other party.
Intellectual Property Rights
Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in Customer Data and the Application or Project (if applicable) and Kinisi owns all Intellectual Property Rights in the Services, Software and Devices.
If Customer wants to display Kinisi Brand Features in connection with its use of the Services, Customer must obtain written permission from Kinisi. Any use of a party’s Brand Features will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. Either party may revoke the other party’s right to use its Brand Features pursuant to this Agreement with written notice to the other and a reasonable period to stop the use.
Customer is permitted to state publicly that it is a customer of the Services with written consent from Kinisi. Kinisi may include Customer’s name or Brand Features in a list of Kinisi customers, online or in promotional materials, with the Customer’s consent. Kinisi may also verbally reference Customer as a customer of the Kinisi Services and Devices that are the subject of this agreement with the Customer’s consent.
If Customer provides Kinisi feedback or suggestions about the Services, then Kinisi may use that information without obligation to Customer, and Customer hereby irrevocably assigns to Kinisi all right, title, and interest in that feedback or those suggestions.
Each party represents that it has full power and authority to enter into the Agreement and it will comply with all laws and regulations applicable to its provision, or use, of the Services, as applicable. If you are using Kinisi on behalf of a company or other organization, you represent that you have the authority to bind your employer or organization by your actions.
The Customer will not disclose the Confidential Information, except to Affiliates, employees, agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that those people and entities use the received Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep it confidential. The recipient may also disclose Confidential Information to the extent required by applicable Legal Process; provided that the recipient uses commercially reasonable efforts to:
promptly notify the other party of such disclosure before disclosing; and
comply with the other party’s reasonable requests regarding its efforts to oppose the disclosure. Notwithstanding the foregoing, subsections (i) and (ii) above will not apply if the recipient determines that complying with (i) and (ii) could:
result in a violation of Legal Process;
obstruct a governmental investigation; and/or
lead to death or serious physical harm to an individual. As between the parties, Customer is responsible for responding to all third party requests concerning its use and its End Users’ use of the Services.
Kinisi provides Services and Devices as is and provides technical support to customers at Kinisi’s discretion only. Customer agrees that Kinisi has no obligation to provide technical support. Customer is responsible for troubleshooting its Devices, Applications and Projects. If Customer purchased its Devices from Kinisi as part of one or more Device Purchases, the terms of the device’s manual, if applicable, shall apply. Kinisi and Customer may enter one or more services agreements, which may include terms for technical support and other services, the terms of which shall not supercede this agreement.
You expressly acknowledge that the term Kinisi includes Kinisi, Inc., and the officers, directors, employees, shareholders, agents, affiliates, suppliers and subcontractors of Kinisi, Inc. Except as expressly provided for herein, to the maximum extent permitted by applicable law, Kinisi does not make any other warranty of any kind, whether express, implied, statutory or otherwise, including without limitation warranties of merchantability, fitness for a particular use and noninfringement. Kinisi Services and Devices are provided “As Is”, “As Available” and “With All Faults”. Kinisi does not warrant or make any representations regarding the use or the results of the use of the site or any third party sites referred to on or by the site in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain software, hardware, Devices, services, maps, or content through Kinisi (including any feeds) or any third party sites referred to on or by the site at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from such use. Kinisi is not responsible or liable for the deletion of or failure to store any Customer Data and other communications maintained or transmitted through use of the Services. Customer is solely responsible for securing and backing up its application, project, and Customer Data. Kinisi does not warrant that the operation of the Software, Services and Devices will be error-free or uninterrupted. The Software, Services, and Devices are not designed, manufactured, or intended for high risk activities. If you rely on any information provided by Kinisi, or others appearing on or contributing content to Kinisi Services, you do so solely at your own risk.
Limitation of Liability
Limitation of Indirect Liability
To the maximum extent permitted by applicable law, neither party, will be liable under this agreement for lost revenues or indirect, incidental, consequential, exemplary, or punitive damages, even if the party knew or should have known that such damages were possible and even if direct damages do not satisfy a remedy. Under no circumstances, and under no legal theory, including but not limited to negligence, shall Kinisi be liable for any such damages that result from your use or the inability to use the site, including software, Services and Devices, maps, content, user submissions, or any third party sites, content, services, or devices.
You and Kinisi agree that any cause of action arising out of these terms or related to Kinisi must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Limitation on Amount of Liability
To the maximum extent permitted by applicable law, neither party, may be held liable under this agreement for more than the amount paid by Customer to Kinisi during the twelve months prior to the event giving rise to liability.
Exceptions to Limitations
These limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, or indemnification obligations.
Unless prohibited by applicable law, Customer will indemnify, defend, and hold harmless Kinisi from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim: (i) regarding any Application, services, Project, Instance, Customer Data, Device, or Customer Brand Features; or (ii) regarding Customer’s, or its End Users’, use of the Services in violation of the Terms.
Kinisi will indemnify, defend, and hold harmless Customer from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim that Kinisi’s technology used to provide the Services (excluding any open source software) or any Kinisi Brand Feature infringes or misappropriates any patent, copyright, trade secret or trademark of such third party. Notwithstanding the foregoing, in no event will Kinisi have any obligations or liability under this Section arising from: (i) use of any Service, Device, or Kinisi Brand Features in a modified, unauthorized, or unintended form or in combination with materials not furnished by Kinisi, (ii) Customer’s violation of this Agreement, (iii) use of non-current versions of the Services or Kinisi Brand Features, and (iv) any Customer Data.
If Kinisi reasonably believes the Services infringe on a third party’s Intellectual Property Rights, then Kinisi may, at its sole discretion and expense, obtain the right for Customer to continue using Services, provide a non-infringing functionality equivalent replacement, or modify the Services so that they no longer infringe. If Kinisi does not believe the foregoing options are commercially reasonable, then Kinisi may suspend or terminate Customer’s use of the impacted Services.
Privacy for End Users
Customer will protect the privacy and legal rights of its End Users under all applicable laws and regulations, which includes a legally adequate privacy notice communicated from Customer. Customer may have the ability to access, monitor, use, or disclose Customer Data submitted by End Users through the Services. Customer will obtain and maintain any required consents from End Users to allow Customer’s access, monitoring, use and disclosure of Customer Data. Further, Customer will notify its End Users that any Customer Data provided as part of the Services will be made available to a third party, such as Kinisi, as part of Kinisi providing the Services.
Conduct and Acceptable Use
You understand that all Content are the sole responsibility of the person, organization or business from which such Content originated. Kinisi reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via the Services. You understand that Kinisi Services are provided as is and you may be exposed to Content that may be considered objectionable, indecent or offensive and that you use the Services at your own risk. You take responsibility to safeguard yourself and other individuals in your organization or business from material you may find objectionable.
You agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Service to
violate, or encourage the violation of, the legal rights of others;
disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, prejudicial, disparaging, grossly offensive, vulgar, threatening, malicious, or incite violence;
disseminate, store, or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication;
interfere, disrupt, or attempt to gain unauthorized access to other accounts or any other computer network;
disseminate, store, or transmit viruses, trojan horses, or any other malicious code or program; or
interfere with, disable, circumvent, or attempt to interfere with, disable, or circumvent, the use of the Services or other Customers of the Service;
posting profile pictures that might be considered inappropriate;
posting, advertising or promoting products commercially;
being disrespectful of the opinions of others;
excessively use the Service, such as making a significant number of web requests that could cause damage to the Service, and including, but not limited to, requests that result from Distributed Denial of Service (DDoS) attacks
engage in any other activity deemed by Kinisi to be in conflict with the spirit or intent of these Terms.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts the Service, servers, networks, devices and applications connected to the Service. To report any activity or Content that may violate the Terms, please send an email to email@example.com. You agree to comply with your organization or company’s usage and privacy policies, if applicable.
Users in the United States agree to comply with laws governing the export of data and software to other countries, including all required approvals, licenses or exemptions. Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence, including all required approvals, licenses or exemptions.
In addition to this agreement, your use of other Kinisi services, devices or software is governed by their corresponding policies or guidelines.
You must have an Account and a Token (if applicable) to use the Services, and are responsible for the information it provides to create the Account, the security of the Token and its passwords for the Account, and for any use of its Account and the Token. You are responsible for safeguarding the password that you use to access the Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, including any omissions, whether or not you have authorized such activities or actions. If You become aware of any unauthorized use of its password, its Account or the Token, You will immediately notify Kinisi. You acknowledge that if you wish to protect your transmission, sync, upload and download data to Kinisi, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Site, Data and Services. Kinisi has no obligation to provide multiple Tokens or accounts to Customers under this agreement.
Suspensions and Removals
If Customer becomes aware that any Application, Project (including an End User’s use of a Project), or Customer Data violates the Terms, Customer will immediately suspend the Application or Project (if applicable), remove the applicable Customer Data or suspend access to an End User (as may be applicable). If customer fails to suspend or remove as noted in the prior sentence, Kinisi may specifically request that Customer do so. If Customer fails to comply with Kinisi’s request to do so within twenty-four hours, then Kinisi may suspend the applicable Kinisi accounts of End Users, disable the Project or Application, and/or disable the Account (as may be applicable) until such violation is corrected.
In the event of an Emergency Security Issue, Kinisi may automatically suspend the offending End User account, Application, Project, or the Account. Suspension will be to the minimum extent required, and of the minimum duration, to prevent or terminate the Emergency Security Issue. If Kinisi suspends an End User account, Application, Project, or the Account, for any reason, without prior notice to Customer, at Customer’s request, Kinisi will provide Customer the reason for the suspension as soon as is reasonably possible.
Facilities and Data Transfer
All facilities used to store and process an Application and Customer Data will adhere to reasonable security standards no less protective than the security standards at facilities where Kinisi processes and stores its own information of a similar type. Kinisi implements industry standard systems and procedures to ensure the security and confidentiality of an Application and Customer Data, protect against anticipated threats or hazards to the security or integrity of an Application and Customer Data, and protect against unauthorized access to or use of an Application and Customer Data. Kinisi may process and store an Application and Customer Data in the United States or any other country in which Kinisi or its agents maintain facilities. By using the Services, Customer consents to this processing and storage of an Application and Customer Data.
All notices must be in writing and addressed to the other party’s legal department, or executive management team. Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).
Neither party may assign any part of this Agreement without written consent of the other.
Change of Control
If a party experiences a change of Control, that party will give written notice to the other party within sixty days after the change of Control and the other party may immediately terminate this Agreement any time between the change of Control and sixty days after it receives that written notice.
Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
This Agreement does not create any agency, partnership or joint venture between the parties.
Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
No Third-Party Beneficiaries
This Agreement does not confer any benefits on any third party unless it expressly states that it does.
Nothing in this Agreement will limit either party’s ability to seek equitable relief.
All claims arising out of or relating to this agreement or the Services will be governed by New York law, excluding that state’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of New York County, New York, USA. The parties consent to personal jurisdiction in those courts.
Any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.
The provisions of this Agreement which by their nature extend beyond the termination of the Agreement will survive its termination or expiration.
This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in this Agreement.
If there is a conflict between other documents referred to in this Agreement and this Agreement, the terms of the latter shall prevail.
Kinisi provides information to help copyright holders manage their intellectual property online, but Kinisi cannot determine whether something is being used legally or not without their input. If you are a copyright owner or an agent thereof, and believe that any user submission or other Kinisi content infringes upon your copyrights, you may submit a notification pursuant to the United States Digital Millenium Copyright Act (“DMCA”) to our Copyright Agent at firstname.lastname@example.org.
“Application(s)” means any web, device, mobile phone, computer or other application Customer or Kinisi creates using the Services, including any source code written by Customer to be used with the Services, or hosted in an Instance.
“Brand Features” means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time.
“Confidential Information” means information that one party (or an Affiliate) discloses to the other party under this Agreement, and which is marked as confidential or would normally under the circumstances be considered confidential information. It does not include information that the recipient already rightfully knew, that becomes public through no fault of the recipient, that was independently developed by the recipient, or that was lawfully given to the recipient by a third party. Customer Data is not considered Customer’s Confidential Information, if such data is released, or planned for release, to the public and intended for public use.
“Control” means control of greater than fifty percent of the voting rights or equity interests of a party.
“Customer Data” means content provided, transmitted, or displayed via the Services by Customer or its End Users; but excluding any data provided as part of the Account.
“Device”, or “Devices”, means any electronics hardware, including but not limited to a mobile phone, smart phone, laptop or desktop computer, single-board computer or microcontroller, hardware kits, or hardware development tools, that collects Customer Data and communicates via telecommunications networks and via the Internet to the Service to synchronize data, settings and other information.
“Device Purchase(s)” means Customer purchasing from Kinisi a type of Device, hardware kit or resold third party Device as defined in the Terms.
“Emergency Security Issue” means either: (a) Customer’s or its End User’s use of the Services in violation of the Terms, which could disrupt: (i) the Services; (ii) other Customers’ or its End Users’ use of the Services; or (iii) the Kinisi network or servers used to provide the Services; or (b) unauthorized third party access to the Services.
“End Users” means the individuals Customer permits to use the Services, Application, or Project.
“Fee Threshold” means the threshold (as may be updated from time to time), as applicable for certain Services, as set between Kinisi and the Customer.
“High Risk Activities” means uses such as the operation of nuclear facilities, air traffic control, or life support systems, where the use or failure of the Services could lead to death, personal injury, or environmental damage.
“Project”, or “Projects”, means a grouping of data subscriptions, information displays, maps, storage, and API resources for the Customer, and via which Customer may use the Services.
“Services”, or “Service”, mean, as applicable, the use of Kinisi software, servers, API’s, data subscription, hardware devices, and other services provided by Kinisi for the purpose of enabling Customers to collect, transmit and sync data with their mobile electronic devices.
“Software” means any downloadable tools, software development kits or other such proprietary computer software provided by Kinisi or third-parties in connection with the Services, which may be downloaded by Customer, and any updates Kinisi may make to such Software from time to time by Kinisi, third-parties or the customer.