Kontentino.com Terms of Service
Hello, we are really happy that you are using Kontentino. We believe that Kontentino is the most human friendly social media management tool tailored for brands, agencies and their clients. Please read these terms first before using Kontentino. "By clicking "LET'S START" you accept our Terms of Service and acknowledge our Privacy Policy and you accept these Terms (as defined below).
These terms repeatedly include words as “we”, “our”, “you”, “customer“, “your”, “terms”, “services”. In order not to get confused, take a look at this explanation of what we mean when we use these words:
“We”, “Our” – company Kontentino s.r.o. Brigádnická 27, 841 10 Bratislava, Slovakia, identification number: 45 302 375, registred in the Commercial Register, Entry number 62190/B, maintained by the District Court, Bratislava, Slovak Republic and our employees, associates, directors;
“Customer“, “You”, “Your” – a person or a company registered at our website in order to use Kontentino;
“Terms” – these Terms of Services available from www.kontentino.com/terms-of-service
“Services”, “Kontentino” – the services we provide to the Customer through our website, application programming interfaces, applications and the content of Kontentino.com;
“Website” – the website accessible at www.kontentino.com, including any sub-domains or sites within the same domain or any other website from which the Services provided;
1. Terms of use
1.1 You agree to use Kontentino only for purposes permitted by the Terms and in compliance with all applicable laws, rules and regulations.
1.2 You are responsible for the content you upload, create, edit or share while using Kontentino and for the actions (including any loss or damage) linked to that.
1.3 You are the owner of the content and we do not claim any intellectual property rights over your content. By using any content on Kontentino (e.g. by uploading a short text or a picture), you grant us a worldwide, non-exclusive, permanent, royalty-free license to use in relation to such content to the extent necessary to operate the Kontentino (including but not limited to copying, storing, editing, sharing with your team members, distributing or publishing on social media or deleting) and you represent that you have the appropriate rights (such as the author or an appropriate license) to use such content and provide such license.
1.4 We are not obliged to back-up your content, therefore you are strongly advised to archive it on your own.
1.5 You agree that We may mention You as Our client. In particular, We may use Your name, logo or any other identification of Your business, products or services, including any trademarks or works protected by copyright or other intellectual property rights, for Our marketing activities, testimonials, public presentation of Services and on Our Website www.kontentino.com. You grant us a worldwide, non-exclusive, permanent, royalty-free license to use any trademarks, copyrights and any other intellectual property as necessary to achieve the purposes of this section.
1.6 We are the owners of Kontentino and the Services it provides. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of Kontentino without our written permission.
1.7 You are strongly advised to keep your account name and password confidential. Notify us in case of any unauthorized use of your account. We are not responsible for the losses because of hacked, stolen or otherwise misused passwords.
2. Provision of Services
2.1 We have the right to update, amend or otherwise modify the Services and temporarily interrupt the Services in case of maintenance, correction or any other events we may deem necessary. We may further permanently cease provision of the Services upon our discretion and we will inform you reasonably in advance.
2.2 You accept that such updates and amendments to the Services may result in changes in the appearance or functionality of the Services.
2.3 Should any amendments to the Services constitute changes to these Terms (including the pricing), you will have an opportunity to object and terminate the Service in accordance with these Terms.
2.4 Kontentino will provide, implement, install and maintain at its own cost any updates, upgrades, improvements, corrections, bug fixes, patches, and modifications to its Services.
3. Trial Period
3.1 We offer a trial period of 14 days from your initial registration (“Trial Period”).
3.2 During the Trial Period, You will be granted a temporarily limited license to use Kontentino and try all of its functionality.
3.3 Upon the lapse of the Trial Period, you will have the opportunity to continue with a paid subscription. Please note that unless you tell us otherwise, we will keep your user account but you will no longer be able to use the Services.
4. Payment
4.1 The currently valid pricing options for all subscription plans are available from: www.kontentino.com/pricing.
4.2 Your subscription is payable monthly or yearly in advance on a regular basis and is non-refundable, depending on Your selected subscription plan. You will need a valid payment method in order to pre-pay your subscribed plan.
4.3 We will charge the subscription fee from (i) the credit card which you have provided to us at registration, or (ii) by a PayPal payment (from your credit card or a PayPal balance, as the case may be) a day before your active subscription expires. If this is Your first paid subscription, we will charge the subscription fee without undue delay after You submit the request. In case that we are unable to charge the payment from your credit card or PayPal balance, your access to the Services may be temporarily restricted until we successfully receive the subscription fee.
5. Upgrading, Downgrading and Termination of Services
5.1 You can upgrade your subscription at any time by selecting a different subscription within your user account billing section, such changes will become effective upon our receipt of the payment of the new subscription fee.
5.2 You can downgrade your subscription at any time by selecting a different subscription in your user account billing section, such changes will however be effective only upon the end of your paid subscription period (i.e. if you have a monthly subscription, at the end of the month). You will be charged the amount of the new subscription plan from the first day of the next subscription period (i.e. the next month, if You have a monthly subscription or the next year, if You have an annual subscription).
5.3 Your subscription covers the set of features, functionalities and services outlined in the subscription tier you selected and paid for. Any new products, features or additions to the Services that we introduce from time to time are not covered under your existing subscription, unless we explicitly state otherwise.
5.4 You may terminate your subscription at any time by sending an email to cancelations@kontentino.com. You will not be charged any cancellation fee and we will stop regular payments in the future. You will be allowed to continue using Kontentino until the end of Your subscription period.
5.5 We do not provide any refunds, neither partial nor complete, on the pre-paid subscription fees, should you decide to terminate your subscription early or downgrade or otherwise stop using the Services.
5.6 We may irreversibly delete any and all of Your data and content at the end of your subscription period. Make sure you archive your data before the end of Your subscription period.
5.7 We are allowed to block, restrict, terminate or suspend your account or otherwise restrict the Services provided to you without prior notice, if you do not comply with these terms, in particular if You are late on any payments.
6. Limitation of Liability
6.1 To the fullest extent permitted by applicable law, You accept that we are not liable for any indirect, consequential, exemplary, incidental, or punitive damages which may arise in relation to Your use of the Services. You acknowledge and agree that any direct damages (actual damages, lost profits or revenues, business interruption) are not expected to exceed the value of one month’s subscription fee, i.e. the amount to be paid for the Services provided to you during one month; and you agree that in the unlikely case that you incur any direct damages, such direct damages shall be limited to such amount.
6.2 You accept that we are not liable for the acts, omissions, and conduct of any third parties, in particular social media platforms, related to Your use of Kontentino and any linked sites and services. Your sole remedy against us for dissatisfaction with Kontentino is to stop using our Services.
6.3 You acknowledge that apart from the planned temporary interruptions of the Services as outlined in Section 3.1 above, we are not responsible for any delays or failure on our Services caused beyond our control. We are not liable for any damage or loss of Your uploaded data or content caused by your activities, technical disruptions, failure or by activities from third party.
7. Prohibited usage
7.1 You are responsible for Your use of Kontentino, including the use of Kontentino by any individuals, collaborators or any other party with whom You cooperate, in accordance with these Terms and any applicable laws and regulations. In particular, You are required to ensure that You do not conduct any of the Prohibited Usage described in this Section 7.
7.2 The following activities are considered “Prohibited Usage” and are prohibited on Kontentino:
7.2.1 Any activity by an organisation engaged in terrorist activity, hate-crime, violence or any criminal activity;
7.2.2 Any promotion or publicizing of violent crime, theft, and/or fraud;
7.2.3 Any depiction of criminal activity or admission of crimes they or their associates have committed;
7.2.4 Any promotion or disclosure of materials or other content which may be considered objectionable or indecent, including pornography, sexual harassment, hateful or embarrasing content;
7.2.5 Any use of content which may be in breach of applicable intellectual property rights, in particular in breach of rights relating to copyright or trademarks;
7.2.6 Any activity which may be considered a contrary to the laws of Slovakia or your home jurisdiction, including libel, defamation, invasion of privacy, activity causing emotional or other distress, breach of confidence;
7.2.7 Any expression of support or praise for groups, leaders, or individuals involved in any of the above.
7.3 We may without prior notice (i) block, restrict or terminate Your subscription or Your account upon suspicion that you have been involved in any of the Prohibited Usage or (ii) take delete, take down content which we suspect constitutes Prohibited Usage.
8. Changes of the Terms
8.1 We may from time to time change, modify, add or remove any part of these Terms or the Services, including the price list and the pricing options. You are responsible for checking these Terms periodically, to see the changes.
8.2 The changes will become effective on the date indicated, in any case not until posted on the Website. Where possible, we will notify You of the changes or remind you regularly to review these Terms via email. Should you disagree with the changes, you may object and terminate the Service in accordance with these Terms.
9. Intellectual Property
9.1 All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is Our property or the property of Our content suppliers and protected by intellectual property laws. Any content may not be used, unless We provide a written authorization and, if authorization is received, only within the limits and in accordance with a license provided by Us.
9.2 The compilation of all content on the Website is the exclusive property of Kontentino and protected by intellectual property laws.
9.3 All software used on (or provided through) the Website is the property of Kontentino or its software suppliers and protected by intellectual property laws.
9.4 You shall not, nor permit anyone else to, directly or indirectly:
9.4.1 (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law);
9.4.2 (ii) modify or create derivatives of any part of the Service;
9.4.3 (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or
9.4.5 (iv) remove or obscure any proprietary notices on the Service. As between the parties, We shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.
9.5 You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. We reserve the right to bar any such activity.
9.6 You shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Kontentino server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.
9.7 You shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
9.8 You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Kontentino's systems or networks, or any systems or networks connected to the Service or to Kontentino.
9.9 You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.
9.10 You shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.
10. Data Protection
10.1 This Section 10 constitutes a “Data Processing Agreement” between Kontentino and the Customer and describes our procedures regarding the Processing of Personal Data on behalf of the Customer, within the scope of providing the Services.
10.2 Any capitalized terms used in this Section and not otherwise defined shall have the meaning set forth in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “Regulation”) or the Act no. 18/2018 Coll. on personal data protection (the “Act”) (the Regulation and Act together as “Data Protection Legislation”).
10.3 For the avoidance of doubt, this Section does not apply to such processing where We act as a data controller. We refer to Our separate Privacy Policy for more information about what specific activities are conducted by Us as data controllers.
10.4 We will process personal data provided by You, in particular data relating to the administration of accounts, information and content You provide, Your usage of the Services or information about transactions.
10.5 We will not provide personal data to any third party other than (i) as necessary to perform activities and Services; (ii) in accordance with the documented instructions of the Customer; (iii) within entities affiliated to Kontentino by common control, management or ownership, (iv) as part of a merger, acquisition or other investment by a third party into Kontentino, or (v) as required to comply with Data Protection Legislation or other laws to which We are subject, in which case We shall (to the extent permitted by law) inform the Customer of that legal requirement before Processing Personal Data.
10.6 We shall:
10.6.1 process personal data only on documented instructions from the Customer, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by Union or Member State law to which We are subject; in such a case, We shall inform the Customer of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest. The documented instructions are contained in this Section and the Terms;
10.6.2 apply all commercially reasonable technical and organizational measures to protect the Personal Data in conformity with the provisions of Art. 32 of the Regulation;
10.6.3 assist the Customer, as the data controller, to perform its obligations resulting from Art. 32-36 of the Regulation taking into account the nature of processing and the information available to the data processor;
10.6.4 taking into account the nature of the processing, assists the Customer by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the controller’s obligation to respond to requests for exercising the data subject’s rights laid down in Chapter III of the Regulation;
10.6.5 ensure that the persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
10.6.6 inform the Customer about a personal data breach without undue delay after We become aware of it, specifying (1) the nature of the personal data breach, (2) the likely consequences and (3) the measures taken to address the personal data breach; such information may be provided gradually, in case not readily available. We shall provide full cooperation to the Customer and act as instructed by the Customer to assist in the investigation and remediation of such personal data breach;
10.6.7 at the choice of the Customer, delete or return all personal data without undue delay after the termination of Services, delete existing copies of personal data, unless otherwise provided by law or agreed by the parties;
10.6.8 make available to the Customer upon reasonable request all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the Regulation and allow for and upon reasonable prior notice not shorter than 4 weeks contribute to audits, including inspections where provision of documents is not sufficient to demonstrate compliance, conducted during regular business hours, not more often than once per year by an independent third party expert auditor mandated by the Customer at the expense of the Customer.
10.7 We may appoint certain third parties to provide parts of the Services or assist with providing technical or professional support. By accepting the Terms, the Customer authorizes Us to subcontract the processing of personal data to subprocessors. Subprocessors are in each case subject to binding obligations between Us and the subprocessor which contain substantially similar provisions as those set out in this Section. We will inform the Customer of the details of such subprocessor(s) upon written request from the Customer.
10.8 We shall not transfer Personal Data to countries outside the European Economic Area unless in compliance with Chapter V of the Regulation. In case of such transfers we will adopt Standard Contractual Clauses or such other mechanism as may be reasonable for the specific transfer.
10.9 If the Customer resides, is based or uses the Services from a country outside of the European Economic Area, the Customer acknowledges that personal Data from such use will be transferred to Us.
10.10 The Customer commits to process all personal data, in particular the provision of Personal Data to Us, in accordance with Data Protection Legislation including without limitation:
10.10.1 ensuring that all notifications to and approvals from regulators which are required by Data Protection Legislation are made and maintained by the Customer; and
10.10.2 ensuring that all personal data is processed fairly and lawfully (in particular, the Customer has a valid legal basis for any processing necessary in accordance with the Terms), in a transparent manner (in particular, the Customer has provided appropriate privacy notices to the data subjects), is accurate and up to date.
10.11 The Customer shall indemnify and hold Us harmless from and against any losses, fines, damage, fees or any additional expenses (including reasonable attorneys’ fees and other reasonable costs of litigation), due from or incurred in relation to a breach of this Section or non-compliance with Data Protection Legislation by the Customer. In accordance with Art. 82(2) of the Regulation, We, as a Processor, shall be liable for the damage caused by Processing only where it has not complied with obligations of the Regulation specifically directed to processors or where We have acted outside or contrary to lawful instructions of the Controller.
10.12 We may charge reasonable fees for any activities or assistance undertaken in relation to this Section upon request by the Customer which go beyond the scope of Services.
11. Governing Law and Jurisdiction
11.1 The relationship between you and us established by these Terms is governed by the laws of Slovakia. You nonetheless must comply with all the local and state laws applicable to you in your jurisdiction. Any disputes shall be submitted to the courts of Slovakia. Should you have any questions, please contact us: we-reply-quickly@kontentino.com
Updated at: June, 2021
