Introduction

By using Kenja services, and applications (collectively known as the “Service“), the user agrees to abide by the conditions of the Service. While we strive to make the Service both productive and enjoyable for the user, you agree to not hold liable Kenja Corporation or employees or contractors of Kenja Corporation actual or perceived loss due to site outage or failure of the Service to perform as expected.

Service Terms

By accessing or using the Service you agree to be bound by these Terms. If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.

You may use the Service only if you can form a binding contract with Kenja, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Kenja reserves the right to make changes and updates to the functionality and/or documentation of the Service from time to time, often without prior notice to you. In addition, Kenja may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice.

Content Terms

You shall own all rights, title and interest in and to all of the Data, whether posted by you or by your Users, and shall have sole responsibility for the legality, reliability, integrity, accuracy, appropriateness and quality of and copyright permissions for the Data.

Subject to the terms and conditions of this Agreement, you grant to Kenja a non-exclusive license to use, copy, store, transmit and display your Data to the extent reasonably necessary to provide and maintain the Service.

Kenja will not use your Data for any purpose other than to provide the Service to you and for statistical reporting purposes. Kenja may aggregate anonymous statistical data regarding use and functioning of its system by its various Users. Such aggregated statistical data will be the sole property of Kenja.

Kenja will use commercially reasonable security measures to protect your Data against unauthorized disclosure or use. Kenja’s security policies in effect from time to time can be accessed on Kenja’s web site.

In the event of any loss or damage to your Data, your sole and exclusive remedy shall be for Kenja to use reasonable commercial endeavors to restore the lost or damaged Data from the latest back-up of such Data maintained by Kenja in accordance with Kenja’s policy. Kenja shall not be responsible for any loss, destruction, alteration or disclosure of your Data caused by any third party, except those third parties sub-contracted by Kenja to perform services related to data maintenance and back-up.

You and Kenja are aware that concluding and fulfilling this Agreement can lead to processing of personal data of the Parties. The Parties agree that such data can be used only to execute this Agreement and for this purpose may also be made known to third parties, such as manufacturers, suppliers and owners of trademark rights in Japan or abroad. In such cases the Parties whose data has been shared will ensure that data privacy is guaranteed through suitable organizational, technical and contractual precautions.

Both Parties mutually obligate themselves and their employees to maintain the confidentiality of all documents and information not generally known related to the business sphere or the data of third parties and which become accessible through the preparation and implementation of this Agreement. This obligation remains in force even after 10 years after the termination of the contractual relationship.

Appropriate Use

By using the Service, you agree not to submit to the Service any viruses and/or material that is illegal, misleading, defamatory, indecent or obscene, in poor taste, threatening, infringing of any third party proprietary rights, invasive of personal privacy, or otherwise objectionable (collectively “Objectionable Matter”).

Unless expressly permitted by Kenja in writing, you shall not copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service and/or Documentation in any form or media or by any means, or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service.

You shall not access all or any part of the Services and Documentation in order to build a product or service which competes with the Services and/or the Documentation, use the Services and/or Documentation to provide services to third parties, or license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or Documentation available to any third party, or attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation. You shall not “frame” or “mirror” the Service. Use, resale or exploitation of the Service and/or the Kenja Content except as expressly permitted in this Agreement is prohibited.

Kenja may, at its discretion, adopt rules, terms and conditions for permitted and appropriate use and may update them from time to time on the Kenja web site; You will be bound by any such rules. Kenja reserves the right to remove any data that constitutes Objectionable Matter or violates any Kenja rules regarding appropriate use stated in this agreement or in other Kenja’s terms and conditions, but is not obligated to do so.

You will comply with all applicable laws regarding the use of the Service and the Kenja Content, including laws involving private data and any applicable export controls. Kenja reserves the right to terminate this Agreement for cause in case you materially breach the provisions of this Article.

Kenja reserves the right to suspend or terminate immediately any User account or activity that is disrupting or causing harm to Kenja’s computers, systems or infrastructure or to other parties, or is in violation of applicable laws. Any such spamming activity by you will be a material breach of this Agreement.

Kenja reserves the right to terminate any User account that is linked to individuals who are working for competing companies that are providing similar products and services in the project management software industry, and the communication and collaboration software industry.

Kenja Corp has the right to block any access to its hosted services if accessed through Proxies such as TOR etc.

Kenja’s Ownership

Kenja and its suppliers retain all rights in the Service and Kenja Content. Except as expressly stated herein, this Agreement does not grant you any rights to, or in, patents, petty patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Service or the Kenja Content.

Warranty Regarding the Service

Kenja undertakes that the Service will be performed substantially in accordance with the Documentation and with reasonable skill and care.

You agree that Kenja does not warrant that the Service will be uninterrupted or error-free, nor that the Services, Documentation and Kenja Content or the information will meet your requirements.

You agree that Kenja is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communication networks, internet and facilities. You acknowledge that the Service, Kenja Content and/or Documentation may be subject to delays, limitations and other interruptions in the use of such network and communications facilities.

Kenja has a right to make similar agreements with third parties, or develop, use or license documentation, products and services that are similar to those provided under this agreement.

Indemnification

You shall defend, indemnify and hold harmless Kenja (and its officers, directors, employees and agents) against claims, actions, proceedings, losses, damages, expenses and costs, including without limitation court costs and reasonable legal fees, arising out of or in connection with your use of the Services, Kenja Content and/or Documentation or a third party alleging that the Data or other data or information supplied by you infringes the intellectual property rights or other rights of a third party or has caused harm to a third party.

You are given sole authority to defend or settle the claim. Kenja may provide reasonable cooperation to you in the defense and settlement of such claim, at your expense.

You will defend, indemnify, and hold Kenja (and its officers, directors, employees and agents) harmless from any expense or cost arising from any third party subpoena or compulsory legal order or process that seeks your Data and/or other related information or data, including, without limitation, prompt payment to Kenja of all costs (including attorneys’ fees) incurred by Kenja as a result. In case of such subpoena or compulsory legal order or process, you also agree to pay Kenja for its staff time in responding to such third party subpoena or compulsory legal order or process at Kenja’s then applicable hourly rates.

Kenja shall defend, indemnify and hold harmless you (and its officers, directors, employees and agents) against claims, actions, proceedings, losses, damages, expenses and costs, including without limitation court costs and reasonable legal fees, arising out of or in connection with a third party alleging that Kenja’s act was infringement of any intellectual property rights by the Service or Kenja Content (other than that due to your Data). In case of such a claim, Kenja may, in its discretion, obtain a license that will protect you against such claim without cost to you, replace the Service with a non-infringing Service, or if it deems such remedies not practicable, Kenja may terminate the Service and this Agreement without fault, provided that in case of such a termination, you will receive a pro-rata refund of the license fees prepaid for use of the Service not yet furnished as of the termination date.

In case of any claim that is subject to indemnification under this Agreement, the party that is indemnified will provide the indemnifying party reasonably prompt notice of the relevant claim and defend and/or settle, at its own expense, any demand, action, or suit on any claim subject to indemnification under this Agreement.

Protection of Sensitive Information

Kenja will not ever sell your Personal Information and Data to any third party entities. Personal Information and Data covers both your actual content and metadata which may include, but is not limited to, browser and device information, data collected through automated electronic interactions, application usage data, demographic information, geographic or geo-location information, statistical and aggregated information.

Kenja strives to use third party vendors that also adhere to the policies above. However, we cannot guarantee that Kenja third party providers will adhere to these policies. Kenja can work with your company to provide solutions like on-premise deployment or working with third party vendors to ensure that your data is safe.

Our security and administration department is composed of registered full time employees and there are only three people in our company that has access to your content and ONLY if you make a specific request for Kenja to view your content.

Disclaimers and Limitations

THE WARRANTIES EXPRESSLY STATED IN THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY KENJA. THERE ARE NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND KENJA CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR YOUR PURPOSES.KENJA DOES NOT WARRANT THAT USE OF THE SYSTEM WILL BE ERROR-FREE OR UNINTERRUPTED. KENJA IS NOT RESPONSIBLE FOR SOFTWARE INSTALLED OR USED BY YOU OR USERS OR FOR THE OPERATION OR PERFORMANCE OF THE INTERNET.

Force Majeure

If the performance of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, power or communication line outage, nuclear accident or any other causes beyond the control of such Party, that Party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes. If either Party wishes to invoke this provision, it shall promptly notify the other Party in writing of the nature of the force majeure and the affected obligations. The Party invoking this provision shall use its best efforts to minimize the effect of the force majeure.

Kenja Corporation is incorporated in the State of Washington, USA and where ever applicable in the use of Kenja Rooms, such laws shall apply. Please direct any questions by email to: support@kenja.com.

Vulnerability/Threat Resolution

Upon discovering a threat/vulnerability a resolution is to be made within a set time frame depending on the severity of a threat/vulnerability. Up to 8 hours for Critical issues, up to 24 hours for Severe issues, up to 4 days for Major issues and up to 7 days for Minor issues.

Data Deletion Policy

User data is permanently deleted from the server upon user request sent to Kenja team. In most instances, data is permanently deleted automatically - however, there are certain exceptions to this rule to allow for the full feature set of Kenja Rooms to function properly. Such exceptions are: Users, User Activity (Timeline feature), Publish (published site meta data). All user actions are logged and can be disclosed upon request given sufficient notice.

Data Deletion Policy Upon Hardware Disposal

Kenja does full disk overwriting on hardware disposal according to the NIST SP800-88 Standard. This involves a full purge and verification of all target hardware.