Effective Date: February 14, 2025.
These Product-Specific Terms form part of, and are subject to, the Terms of Service or any separate agreement executed through MadKudu’s distribution partner for the provision of MadKudu Services set forth therein (“Agreement”). Capitalized terms not defined herein shall have the meanings assigned to them in the Agreement. MadKudu reserves the right to update these Product-Specific Terms from time to time pursuant to the modification terms set forth in the Agreement.
1.1 Subject to the terms of the Agreement, MadKudu will provide Customer with the Services described in the Agreement or other ordering instrument available to Customer that describes the provision of the Services.
1.2 MadKudu grants Customer a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use and access the Services, for the applicable term described in your Agreement or other ordering instrument available to Customer, subject to the terms of the Agreement. Customer’s use of the Subscription Services includes the right to access all functionalities available in the purchased services.
1.3 MadKudu reserves the right to modify, enhance, or update the Services from time to time in its sole discretion ("Changes") without degrading its functionalities or security features. Changes may include, but are not limited to, modifications to functionality, features, user interface, security measures, underlying technology, or performance of the Services.
1.4 MadKudu shall provide technical support and maintenance services for Services in accordance with its standard support policies.
1.5 MadKudu allows Customer to easily integrate any third-party tool to the Services, which allows to use these Third-Party integrations in connection with the Service, nonetheless, MadKudu does not warrant or support Third-Party Products and disclaims all responsibility and liability for these items, their use or their access to the Service, including the modification, deletion, disclosure, or collection of your Data. Third Party Services that are provided pursuant to the terms of the applicable third-party license or separate agreement between the third-party service provider and Customer.
2.1 Customer shall use the Services in a responsible and professional manner consistent with the intended and permissible uses herein and consistent with standard industry practice. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by MadKudu or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
2.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with this Agreement and all applicable laws and regulations.
3.1 MadKudu warrants that the Services will substantially perform in accordance with the documentation available on the support portal and MadKudu shall use its best reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Services in a professional and workmanlike manner.
Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by MadKudu or by third-party providers, or because of other causes beyond MadKudu’s reasonable control, but MadKudu shall use reasonable efforts to provide advance notice in writing, by email, or via an in-app notification of any scheduled service disruption. However, MadKudu does not warrant that the services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. Except as expressly set forth in this Agreement, the Services are provided “as is” and MadKudu disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
