Terms of Service
Last updated on November 12, 2015.
- Welcome to Karabiner! These are our terms of service.
- Karabiner is subscription based software provided by Trineo Limited ("us", "we") and primarily accessed through the www.karabiner.io domain.
- By using or accessing Karabiner you agree to be bound by these terms and conditions ("Terms"). These Terms are important and legally binding so please read them carefully. If you don't agree to them, you should not use Karabiner.
- Fees for using Karabiner
- The fees charged for using Karabiner are as set out within the “Billing” section of your Karabiner account. Fees are charged in advance on an annual basis and are non-refundable. Fees are subject to change at any time, however we will give you 30 days' notice of fee changes by posting changes on our website. We will not be liable to you or any third party for any changes to the fees.
- Fees are exclusive of all taxes (other than New Zealand GST), and you indemnify and hold us harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.
- Your responsibilities
- You are responsible for all activity that results from your use of Karabiner. You indemnify, and will keep indemnified, us against all forms of liability, actions, proceedings, demands, costs, charges and expenses which we may incur or be subject to or suffer as a result of your use of Karabiner.
- You must not use Karabiner for any illegal or unauthorised purpose, or upload any information that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person or entity.
- You must not use Karabiner for any malicious means or abuse, harass, threaten, intimidate or impersonate any other user.
- You must comply with any reasonable restrictions we impose or directions we give regarding the use of Karabiner.
- You are responsible for maintaining the security of your account. We will not be liable for any loss or damage that may result from any failure to keep your user names and passwords secure. You must immediately report any misuse of Karabiner or disclosure of your account information.
- Connection with Salesforce.com
- Karabiner operates by connecting with Salesforce.com, and accessing and retrieving information stored in or relating to use of your Salesforce account. This will not include your core Salesforce business data, such as Accounts, but will include Salesforce login usage details, user profile information and Salesforce configuration and other metadata ("Salesforce Metadata"). In signing up and using Karabiner, you warrant and represent that:
- you consent to Karabiner accessing your Salesforce Metadata as described
Because Karabiner needs to be able to connect with your Salesforce account, you acknowledge that our ability to provide Karabiner and related services to you is dependent on a number of factors outside our control, including the ongoing availability and operation of Salesforce.com and Salesforce's API, on your maintenance of a Salesforce account, and on the completeness and accuracy of your Salesforce Metadata. We are not liable for any failure to deliver Karabiner or any services to you, or for any loss you might be suffered, where caused by factors outside our control.
- Karabiner might not always be perfect
- Karabiner is provided on an "as is" and "as available" basis, and your use of Karabiner is at your sole risk. We will try to promptly address (during normal business hours) all technical issues that arise in connection with Karabiner, however there may be times when Karabiner is inaccessible.
- From time to time, we may issue an update to Karabiner which may add, modify, and/or remove features. We will endeavour to let you know about these changes in advance.
- To the maximum extent permitted by law we disclaim and exclude all implied conditions and warranties. To avoid doubt, we do not warrant that:
- Karabiner will meet your specific requirements;
- Karabiner will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of Karabiner will be accurate or reliable;
- the quality of Karabiner will meet your expectations; or
- any errors in Karabiner will be corrected.
- You acknowledge that the internet is inherently insecure. You accept the risk that any information stored or transmitted on the internet or through email may be intercepted, subject to unauthorised access or fraudulent behaviour.
- We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use of, or the inability to use, Karabiner.
- If we are held to be liable to you for any reason, then our liability to you is limited to an amount equal to our average fees paid by you for one month in respect of any single event or related series of events. Our maximum aggregate liability in any one year is limited to the amount of our fees paid by you in the past three month period.
- Karabiner links to other services, apps and websites
- Karabiner provides a connection to Salesforce.com. Even though these applications and websites are accessible through, and used by Karabiner, they are not owned or controlled by us. Accordingly, we are not responsible or liable for, and you release us from, any loss or damage incurred by you as a result of your access to those applications and websites.
- We own Karabiner, you own your content
- You agree that we own all of the intellectual property rights existing in Karabiner including any improvements, enhancements, modifications or adaptations to the same. You agree not to, and will not permit or encourage any third party to, copy, reproduce, modify, adapt, reverse-engineer or decompile Karabiner in whole or in part.
- You may not publish or use our or Karabiner's brand(s), branding or logos except with our prior written consent.
- We welcome your feedback and ideas on how to improve Karabiner. If you choose to submit your ideas, you agree that we are free to use them and that you will not have rights to any intellectual property that may be generated as a result.
- Your account information
- You confirm that any information you provide to us about yourself is true, accurate, current and complete, and agree to maintain and promptly update your information in order to ensure that it remains true, accurate, current and complete.
- You authorise us to collect, retain and use any information about you and/or your company in order to provide Karabiner.
- Cancelling your account
- You can cancel your account at any time. You can cancel your account by emailing firstname.lastname@example.org. If you cancel your account before the end of your current prepaid year, your cancellation will take effect immediately and you will not be charged again.
- If you cancel your account within the agreed and paid term period, no refund will be given.
- We reserve the right to immediately cancel or suspend your account and your use of Karabiner if we consider (in our absolute discretion) that you have breached any of these Terms.
- If these Terms are terminated for any reason you must pay us for use of Karabiner up to the date of termination. No refund or other credit is payable to you on termination unless we agree otherwise.
- All of your data collected from Salesforce.com will remain in Salesforce.com upon cancellation of your account, but we are not obliged to store or maintain any copies of your Salesforce Metadata or other information we hold about you. We are not liable for any loss or damage following, or as a result of, the cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
- You agree that you cannot transfer, sell, lease or trade your account without our prior written consent.
- We can amend these terms
- We reserve the right to update and change these Terms at any time with or without notice to you. We will give you 30 days prior notice by posting the relevant information on our website if we consider that changes to the Terms will be material. If you continue to use Karabiner after any changes, you'll be taken to have agreed to the changes. You can always find the current version of the Terms at: https://karabiner.io/terms-of-service. Any updated Terms become effective as soon as they are posted to our website.
- This is a legal agreement, so some general provisions apply
- These Terms are governed by New Zealand law, and you submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.
- You acknowledge that these Terms may have important legal and/or tax consequences for you. It is your responsibility to consult with your own legal and tax advisors with respect to your legal and tax obligations.
- These Terms represent the entire agreement between you and us in relation to the use of Karabiner.
- If any part or provision of these Terms is found by a court or other competent authority to be invalid, unenforceable or in conflict with the law, that part or provision is limited or eliminated to the minimum extent necessary. The remainder of the Terms will be binding.
- If we do not exercise or enforce any right available to us under these Terms, it does not mean we are waiving that right.
- Contact us
- If you have any questions about these Terms, the practices of Karabiner, or if you would like to give us feedback or notice, you can contact us in the following ways:
Telephone: +64 3 377 4001
Post: Trineo Ltd, PO Box 20042, Christchurch 8543, New Zealand