Terms and conditions - Konnect Insights ...

Terms and Conditions

1. Acceptance of Terms

Your use of services offered by Prudence Analytics and Software Solutions Pvt Ltd for Konnect Insights – konnectinsights.com is subject to the terms of a legal agreement between you and KonnectInsights.com. This page explains how the agreement is made up, and sets out some of the terms of that agreement (referred as Terms of Service (TOS) in this document). The name Konnect Insights has been used interchangeable with konnectinsights.com’ or konnectInsights or Prudence Analytics and Software Solutions Pvt. Ltd.

These Terms of Service (“Terms”) constitute a binding contract between you and Prudence Analytics and Software Solutions Pvt Ltd. (“us” or “we” or “Konnect Insights”) governing the use of and access to the products we offer in connection with a paid or trial subscription (“Products”)

In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms of Use.

You may not access the services if you are our direct competitor, except with our prior written consent. In addition, you may not access the services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

2. Definitions

“Third party platforms” means a third-party social media website like Facebook, Twitter, LinkedIn, YouTube. for which you have authenticated Konnect Insights to collect information.

“We, Us or Our” means Konnect Insights, KonnectInsights, KonnectInsights.com or Prudence Analytics and Software Solutions Pvt. Ltd.

Product” shall mean Konnect Insights software.

“You or Your” means the company or an individual on behalf of your company who is signing up for KonnectInsights.com services

“Personal Data” shall mean any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural, residential or social identity.

3. Account Registration

When you register, you ensure that any registration information you give to Konnect Insights will always be accurate, correct and up to date. You ensure that you maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use of the Service. You will notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at support@konnectinsights.com.

4. Services offered by Konnect Insights

Konnect Insights is constantly evolving in order to provide the best possible experience, services and information for its users. You acknowledge and agree that the form and nature of the services which we provide may add or modify from time to time without prior notice to you.

By using Konnect Insights’ services you agree to the following disclaimer: The contents of this website are for informational purposes only. Konnect Insights disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Konnect Insights reserves the right to make changes and corrections to any part of the content of this website at any time without prior notice.

5. Free Trial

We may offer you free trials for selected features of the Service, including a 7-day trial period. Once your free trial period ends, your ability to access certain features of the service will terminate. Konnect Insights reserves the right to determine if you are eligible for a free trial and to discontinue any free trial without notice in our sole discretion.

6. Fees; No Refunds

We may charge fees for certain features, either on a one-time or a subscription basis (“Paid Services”). Konnect Insights reserves the right to implement fees or change the fees for certain services at any time by providing you notice of a pricing change 60 days before the end of prior term. If you purchase any Paid Services through credit card, you authorize Konnect Insights payment processors to charge the credit card identified by you (which you represent and warrant that you are authorized to use) including all applicable taxes If Konnect Insights does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and konnect Insights may suspend your access to the Services. All sales are final and konnect Insights will not issue refunds, including for prepaid yearly fees. (For More Details)

7. Content on the Site

We do not own the content that we fetch from our search engines. The content may be indecent, offensive, inaccurate, unlawful, or otherwise objectionable. We shall have no obligation to preview, verify, flag, modify, filter, or remove any Indexed Content, even if requested to do so, although We may do so in Our sole discretion. INDEXED CONTENT IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. Your use of Indexed Content is at your sole risk, and We shall not be liable to You or any third party based on Indexed Content.

8. Social Platforms Authentication

You shall enable Konnect Insights to access your third-party social platform accounts. You acknowledge and agree that we may access, collect, process, and/or store information or content, regardless of whether such content is your data or Content, from such Third-Party Social Platform accounts and/or website. Except for our obligations with respect to your data, Konnect Insights shall not be responsible or liable for: (i) any content provided by You or Your Users to any Third Party Social Platform or other website, and any content accessed by You, Your Users or any third party from any Third-Party Social Media Platform or websites; (ii) any interactions or communications between You and/or Your Users and any third parties through any Third-Party Social Platform or websites; or (iii) any transactions relating to a separate agreement or arrangement between You or Your Users and any Third-Party Social Platform provider or websites.

9. Confidential Information

“Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include Your Data; Our Confidential Information shall include Konnect Insights Services; and Confidential Information of each party shall include the terms and conditions of this Agreement and all Order Forms, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) is received from a third party without breach of any obligation owed to the Disclosing Party; or (iv) was independently developed by the Receiving Party.

Protection of Confidential Information. The Receiving Party shall (i) use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care), (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (iii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed agreements with the Receiving Party containing protections no less stringent than those herein. Neither party shall disclose the terms of this Agreement or any Order Form to any third party other than its Affiliates and their legal counsel and accountants without the other party’s consent.

10. Responsibilities

Our Responsibilities: We shall: (i) provide Our basic support for the Purchased Konnect Insights services to You at no additional charge, and (ii) use commercially reasonable efforts to make the Konnect Insights Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which We shall give at least 8 hours’ notice via email and which We shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Saturday to 3:00 a.m. Monday IST), or (b) any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, pandemic, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes, downtime or delays by an Internet Service Provider or Third-party Social Platform, or denial of service attacks.

Your Responsibilities: You shall: (i) be responsible for Users’ compliance with this Agreement; (ii) be responsible for the accuracy, quality and legality of Your Data and of the means by which You acquired Your Data; (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Konnect Insights Services, and notify us promptly of any such unauthorized access or use. You shall not: (a) make the Konnect Insights Services available to anyone other than authorized Users; (b) sell, resell, rent, or lease the Konnect Insights Services; (c) interfere with or disrupt the integrity or performance of the Konnect Insights Services or third-party data contained therein; or (d) attempt to gain unauthorized access to the Konnect Insights Services or their related systems or networks. (e) use the Services or any Konnect Insights Data to violate Applicable Law, including Applicable Law about data protection, privacy, or information security; or (f) purposefully interfere with or disrupt the performance of the Services, including spamming, hacking, and violating Konnect Insights’ mentions rate limits.

11. Proprietary Rights

You acknowledge and agree that Prudence Analytics and Software Solutions Pvt. Ltd. own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.

Nothing in the Terms gives you a right to use any of our trade names, trade-marks, service marks, domain names, and other distinctive brand features

12. Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third-party sites have separate and independent Terms of Service. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Please refer to the Terms of Service of various platforms for which you grant access to Konnect Insights

Twitter Terms of Service –https://twitter.com/en/tos By using Konnect Insights you are agreeing to be bound by the Twitter Terms of Service.

Additionally, you should be careful about using Twitter data to derive or infer potentially sensitive characteristics about Twitter users. Never derive or infer, or store derived or inferred, information about a Twitter user’s:

  • Health (including pregnancy)
  • Negative financial status or condition
  • Political affiliation or beliefs
  • Racial or ethnic origin
  • Religious or philosophical affiliation or beliefs
  • Sex life or sexual orientation
  • Trade union membership
  • Alleged or actual commission of a crime

Aggregate analysis of Twitter content that does not store any personal data (for example, user IDs, usernames, and other identifiers) is permitted, provided that the analysis also complies with applicable laws.

13. Your use of Konnect Insights

13.1 You shall not (i) copy the program code of any Product; (ii) decompile, reverse engineer, or use any other method in an attempt to view or recreate any of the source code or algorithms of any Product (or any other trade secret embodied therein); (iii) knowingly or intentionally use a Product or any associated content in a way that infringes, misappropriates, or violates any trademark, copyright, patent, trade secret, publicity, privacy or other right of any third party; (iv) sell, lend, lease, assign, transfer, pledge, or otherwise permit a lien upon any of the license rights granted to you with respect to Konnect Insights; (v) take any action designed or intended to interfere with the proper working of a Product or Company’s hosting environment; (vi) circumvent, disable, or interfere with security-related features of a Product or Company’s hosting environment or features that prevent or restrict use, access to, or copying a Product or any associated content or other data, or that enforce limitations on use of a Product or associated content; or (vii) impose (or which may impose, in Company’s reasonable determination) an unreasonable or disproportionately large load on Company’s hosting environment.

13.2 You shall not use the Product to post, upload, link to, send or store any Content that is defamatory, libelous, fraudulent, derogatory, abusive, obscene, unlawful, hateful, harassing, violent, threatening, racist, or discriminatory

13.3 If you are a government entity or an entity performing services on behalf of a government entity, each of your use cases for our Product must be approved by Us prior to use of our Product.

13.4 By accessing or using the Product, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Product. Our Product is not intended to hold any Sensitive Information. You represent and warrant that you will not use our Product to transmit, upload, collect, manage, or otherwise process any Sensitive Information. We will not be liable for any damages that may result from your use of our product in transmitting, collecting, managing, or processing any Sensitive Information. “Sensitive Information” means any passwords, credit card or debit card information, personal financial account information, personal health information, social security numbers, aadhar number, PAN number, passport numbers, driver’s license numbers, employment records, physical or mental health condition or information, any information that would classify as “Special Categories of Information” under EU data protection laws, or any other information that would be subject to Health Insurance Portability and Accountability Act (HIPAA), the Payment Card Industry Data Security Standards (PCI DSS), or other laws, regulations, or industry standards designed to protect similar information.

13.5 Off-Twitter matching: You must not associate a Twitter username with a business’s customer records (i.e. “John Doe” in your customer record is matched to @johndoe on Twitter). If you intend to associate any information about a Twitter user with an off-Twitter identifier, we require that you get express, opt-in consent from the user before making the association. For example, you could get this consent if the user shares their Twitter handle directly with you as part of a signup process for your service.

14. Agency

If you are an Agency, you may use our Product on behalf of Users that are your clients and charge your clients for such use of our Product. As an Agency, you will be liable for all use of the Products by your clients. By adding any client to your account, you represent and warrant that you have obtained all necessary authorizations and consents from such clients to bind them to these Terms. If you use the Product on behalf of your clients, or grant access to the products to your clients, you will be responsible for ensuring that such clients are not able to access confidential or proprietary information of another client. “Agency” shall mean a business or organization providing advertising, marketing, or social media services on behalf of another business, person, or group.

15. Indemnification

You agree to indemnify and hold harmless Konnect Insights, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Konnect Insights.

16. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will we, our affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, lost revenue, lost sales, lost goodwill, loss of use or lost content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, warranty, breach of statutory duty, negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, our aggregate liability and that of our affiliates, officers, employees, agents, suppliers and licensors, relating to the service(s), will not exceed  an amount equal to the lower of (a) twelve months of the subscription charges for the service(s) to which the claim relates; or (b) the subscription charges paid by you, for the service(s) to which the claim relates prior to the first event or occurrence giving rise to such liability. 

17. Use of Logo

As a Customer, you grant us the right to use your company name and logo on our website and in any promotional materials, press releases and other communications. If you do not wish to have your name or logo be used, or wish to remove your name or logo from this list, please email us at dpo@konnectinsights.com with the subject line as ‘Removal of logo’

18. Data Privacy

Konnect Insights and You as a customer shall implement reasonable measures, including administrative, technical and physical safeguards, designed to (i) ensure the security and confidentiality of the Personal Data in accordance with respective Privacy Policies as published on Konnect Insights’ and/or Your Website and as amended from time to time; (ii) protect against any anticipated threats or hazards to the security or integrity or availability of the Personal Data; (iii) protect against unauthorized access to or sharing or transferring or using of the Personal Data; (iv) ensure safe and secure retention of the Personal Data; and (v) ensure the secure disposal of the Personal Data. Konnect Insights and You should implement reasonably appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful access.

19. GDPR

For users who are presently in the European Union, United Kingdom and Switzerland, all processing of Personal Data by Client or Konnect Insights, will be performed in accordance with privacy rights and regulations following the Regulations (EU) 2016/679 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, known as the General Data Protection Regulation (“GDPR”) to the extent applicable.

Changes to our Terms

If we decide to change our terms, we will update the Terms modification date below.

These terms were last reviewed/modified on December  21st, 2023