Terms and conditions

By using Kotive’s websites, web-based applications, its API or any of the products, services, apps or workflows (collectively “Services”) (referred to as “Kotive”), you agree to be bound by these terms and conditions and also by the Disclaimer in clause 15. Irrespective of how you were introduced to these Services, the agreement to use the Services are between you and Kotive.

If you do not agree to these terms, do not use our Services.

1. Account Terms

In order to use the Services, you must:

  • Be at least 18 years old and able to enter into contracts;
  • Be a human. Accounts registered by automated methods or “bots” are not permitted;
  • Have authority to bind a company or other entity to contracts (if you are subscribing on behalf of such company or entity);
  • Register an Account by providing complete, accurate and true billing and contact information;
  • Be the only person using your login - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your pricing plan allows;
  • Pay for the Services;
  • Agree to the Kotive Terms and Conditions.

A binding agreement between Kotive and you comes into force when it has notified you that it has accepted your offer and that it will give you access to the Services.

When you subscribe to the Services, you are making an offer to Kotive who in its sole discretion may accept or decline the offer. Taking payment from you via credit card, EFT or debit order does not indicate acceptance of the offer and Kotive will immediately refund you in case your offer has been declined. The auto response sent to you after you have subscribed does not establish an acceptance of your offer.

Upon registration of an Account, you:

  • Must provide a username (a valid email address) and password, and any other information requested in order to complete the Account registration process;
  • Must maintain the confidentiality of the username and password;
  • Must report unauthorized use or suspected compromise of the username and/or password to Kotive;
  • Accept responsibility for all actions carried out with your username and password. Kotive and other Users of the Services may assume that any actions carried out were done with your authorisation;
  • Are responsible for all submissions made and activity that occur under your Account, even by others who have Accounts under your Account.

2. Term

The Term starts when you subscribe to the Services and continues as long as you use and pay for the Services.

3. Grant of Rights

You may not use these Services for commercial purposes to compete with Kotive.

You may complete the purchasing process, communicate with Kotive through the Website and applications and use the Services.

You have the right to review and correct the Personal Information that you have submitted to the Services when creating your Account.

4. Payment and Pricing

If you have opted to pay via credit card, you must give Kotive an approved and valid credit card number and payment processing information. You hereby authorize Kotive to charge any credit card you provide it.

Credit card purchases for Kotive services are processed by the third-party vendor Payfast.

All payments must be made in advance on a recurring, periodic basis and you agree to be responsible for paying the fees even if you don’t actively use the Services.

Subsequent credit card payments will automatically be processed at the end of each billing cycle until you cancel your Kotive Account.

If any payment regardless of the method, has not been received or cannot be processes, your access to the Services may be suspended. If you do not rectify this suspension within 7 days, your access will be cancelled. Should you still want to use the Services, you will have to sign up for the Services again and at the price stated on the website at that time. Kotive does not accept liability for any price increases that may have happened in the meantime.

Kotive may from time to time adjust the pricing for the Services and such changes will take effect when you make a purchase for a new Account, upgrade or downgrade your existing Account. Your sole remedy in such a case, if you do not wish to pay the adjusted fees, is to close your Account in terms of clause 10.

Downgrading the pricing plan for your account may cause the loss of features or capacity of your account. Kotive does not accept any liability for such loss.

5. Invoices

Upon subscription and recurring thereafter, your invoices for the subscription fees due for the following month will be emailed by our third-party payment processing vendor to the email address you provided when subscribing to the Services.

6. Refund Policy

In case the Services do not meet your expectations:

  • When using the Services during the first 30 days after registering your first Account you find that the Services do not meet with your expectations and/or requirements, you may cancel your subscription and receive a full refund.
  • If after the first 30 days you discover the Services do not meet with your expectations and/or requirements, you may cancel in terms of clause 10, but no refunds or partial refunds will be given.
  • By the nature of the Services, they cannot be returned and the right to cool off does not apply to the Services.

7. Your Content

If you are a Maker, Kotive’s Services enable you to create your own Content; by designing custom apps and workflows consisting of forms, fields, reports and integrations with third-party services.

Your data is yours and you can change or delete it at any time.

Please note that Kotive is not responsible for the Content you create. If you are a form Respondent and you have any questions about a form you are filling-out, please contact the Maker (person or organization who created the form) directly.

While using the Services and your custom designed Content you may submit information to Kotive (including personal information and the personal information of others) or third parties (form Respondents) may submit information to you through the Services (including personal information and the personal information of others).

As a Maker located in the EU, you operate as a “data controller” as defined in the EU General Data Protection Regulation (2016/679) and agree that you are responsible for gaining consent from and notifying third parties who submit personal information to you through your Content, using our Services, about Kotive’s terms and privacy policy (and your own terms and privacy policy, if applicable).

As a Maker located in South Africa, you operate as a “responsible party” as defined in the Protection of Personal Information Act No. 4 of 2013 (POPIA) and agree that you are responsible for gaining consent from and notifying third parties who submit personal information to you through your Content, using our Services, about Kotive’s terms and privacy policy (and your own terms and privacy policy, if applicable).

Third-party integrations

The Services support integrations with third-party services. In order for the Services to transmit information to, or request information from such third-party services, you, as a Maker, may be required to input credentials. By enabling use of the Services with any third-party service, you authorize Kotive to access your accounts with such third-party service for the purposes described in this agreement and limited by the third-party service’s permissions, as granted by yourself.

You are solely responsible for complying with any relevant terms and conditions of the third-party services and maintaining appropriate accounts in good standing with the providers of the third-party services. You agree that Kotive has no responsibility or liability for any third-party service or any customer data transmitted to a third-party service. Kotive does not guarantee that the Services will maintain integrations with any third-party service and we may disable integrations of the Services with any third-party service at any time with or without notice.

API

You may access your Content and data via the Application Program Interface (“API”). Any use of the API (including through a third-party service that accesses the Services) is bound by Kotive’s terms and conditions, including:

  • You expressly understand and agree that Kotive shall not be liable for any damages or losses resulting from your use of the API or third-party services that access data via the API.
  • Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your Account. Kotive, in its sole discretion, will determine abuse or excessive usage of the API. Kotive will make a reasonable attempt via email prior to suspension.
  • Kotive may modify, restrict or discontinue, at any time, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

8. Privacy Policy

Purpose of Collection of Personal Information

Kotive processes your Personal Information if you register on the Website, subscribe or login to the Services. You agree that you have given your Personal Information voluntarily and that Kotive may process it.

Kotive will process the Personal Information until you close your Account.

Information we collect

  • Anonymized statistical information about website visitors’ behaviour patterns, usage habits and demographic information. We make use of Google Analytics on the website. They use cookies, web beacons, and other means to help us understand how users use the website. (you can opt-out);
  • Contact information: when you subscribe or login to the Services or interact with our sales or customer support team, e.g. firstname, lastname, email address, mobile (optional);
  • Usage information: whenever you interact with the Services, e.g. what actions you perform and when;
  • Device and browser data: when you access the website and/or Services;
  • Data submitted through forms and/or integrations with third-party services (data might include personal data depending on the design of your Content);

  • Our servers keep log files that record data each time a server is accessed.

  • If you are a Maker:
    • we store your billing address when you pay with a credit card. We do NOT store your credit card details; it is stored securely by our third-party payment processing vendor.
    • your use of the Services will result in us collecting information (i.e. personal information depending on your Content) through your forms and third-party integrations in your Content, on your behalf. We may provide you with analysis tools for you to use with respect to this information.
  • If you are a form Respondent:
    • when you fill-out a form, Kotive collects and stores the data.
    • The Maker who created the Content (i.e. forms) is responsible for their Content, the data collected through the use of their Content and for managing that data.

How we use the information we collect

Kotive uses your Personal Information:

  • To fulfill our responsibility to deliver the Services to you;
  • To notify you of new product launches or promotions;
  • To help you become better at using our Services;
  • For internal record keeping;
  • To improve our Services;
  • To keep our Services secure and operational;
  • To provide customer support;
  • To troubleshoot problems (i.e. device and browser specific) with the Services and to make improvements to it.
  • To customize the Services according to your interests.

Kotive uses log data for different business purposes, including to:

  • Monitor abuse and troubleshoot;
  • Create new services and features;
  • Fix bugs and troubleshoot product functionality.

Use of cookies

The website and Services use cookies to identify you, remember information based on your previous interaction, provide personalized content and improve our Services. It can only store information that you voluntarily share. You may disable the use of cookies in your browser.

The privacy of your Personal Information

Kotive uses Intercom, Amplitude and Campaign Monitor to provide customer support to you, help you get the most out of using our Services, and improve our Services. Your Personal Information is used within their services by us to provide these functions to you. These providers are committed to privacy and data security.

Kotive uses Mandrill and Sparkpost to send transactional emails to you during the course of you using the Services (e.g. signup verification, password reset, invites to join, refer-a-friend, default email task in a workflow etc.)

Kotive will never disclose your Personal Information unless required by a warrant of execution. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

Retention of Records

You authorize Kotive to retain records of Personal Information that you have provided to it and/or that is submitted by users of your Content. (Kotive acts as a Data Controller (GDPR) or Responsible Party (POPIA) in this case.)

You may update your Personal Information at any time through the Web-based Application.

Kotive will destroy the record of Personal Information, your Content and information gathered through your Content within 30 days after you cancel your Account. The only data retained by Kotive will be that which is needed from a compliance and legal standpoint, like invoices, audit logs, etc.

Processing instruction

You are providing Kotive with instructions to process any Personal Information collected by you through your Content and the Services, on your behalf. (Kotive acts as a Data Processor (GDPR) or Operator (POPIA).)

Where Kotive processes personal information on your behalf, it will:

  • only do so on your documented instructions and in accordance with applicable law, including with regard to transfers of personal data to a third country or an international organization, and the parties agree that these terms and Kotive’s privacy policy constitute such documented instructions;
  • ensure that all Kotive’s personnel involved in the processing of personal data have committed themselves to confidentiality;
  • notify you of all requests received directly from a data subject in respect of that data subject’s personal data submitted through the Services;

Information Quality

To ensure that Personal Information is complete, accurate and up to date, Kotive may occasionally request you to review your Personal Information on record. You must ensure that the provided Personal Information is accurate and up to date.

Openness

Provision of Personal Information is voluntary but incomplete and inaccurate Personal Information may lead to not being able to fully use the Services. In cases of fraudulent Personal Information, you may be suspended from the Services.

Individual Participation

You may request access to any Personal Information in Kotive’s possession, but Kotive must authenticate you before giving out any Personal Information. You will allow Kotive 1 month to respond to any such request following authentication.

Portability

You may export your Personal Information from within the “People” section in the web-based application, and all your Content’s information from within the relevant “Live Workflow Reports”.

Rights

You may have certain legal rights to obtain information about whether we hold personal information about you, to access personal information we hold about you, and to obtain its correction, update, amendment or deletion in appropriate circumstances. Some of these rights may be subject to some exceptions or limitations. Kotive will respond to your request to exercise these rights within 30 days of receiving a request.

You are entitled to:

  • Data access rights
  • Right to restrict processing
  • Right of Rectification
  • Right to be Forgotten
  • Right to object to processing
  • Right to withdraw consent; and
  • Data portability rights

If you are a Maker you can email Kotive to exercise your rights.

If you are a form Respondent please contact the Maker of the form and/or workflow to exercise your rights. If you do not know who the Maker is you can provide us with the direct link to the form you submitted and we will forward your request to them. Please note that Kotive cannot guarantee that the Maker will grant your request.

Changes to this Privacy Policy

Kotive may change this Privacy Policy at its sole discretion and without notice to you.

9. Prohibitions

You must NOT do the following:

  • copy, reverse engineer, modify or damage the Services or any of its content;
  • rent, lease, sublicense, assign, or transfer your rights to use these Services;
  • intentionally use a device or software application to overcome the security measures that protect the Services;
  • deliver any malicious code such as viruses, worms or Trojan horses to this Website or Services;
  • use the Services if under the age of 18;
  • share your username and password with Third Parties. You are solely responsible for the actions being done with your username and password;
  • probe, scan, or test the vulnerability of the Services unless authorized by Kotive in writing.
  • misrepresent who you are when using the Services.

10. Suspension and Closing your Account

You may end this Agreement at any time and for any reason by switching to your Maker Account in the Web-based application, then clicking on the Cancel my account link found under your personal avatar (top-right on the main menu) and confirming the closing of your Account in the subsequent form. An email or phone request is not considered closing your Account.

Kotive, in its sole discretion, may end this Agreement at any time and for any reason by giving you written notice.

Your subscription will end on the last day of your current Term.

Within 30 days of the closing of your Account, your Personal Information, Content and information gathered through your Content will be permanently deleted and be unrecoverable.

If Kotive suspects fraudulent or other criminal activity on your part while using the Services or in case of breach of these terms or non-payment, or if your conduct in any way negatively affects the rights and interests of Kotive, it may in its sole discretion temporarily limit, suspend or terminate your access to the Services. In such circumstances, Kotive will send you a suspension notice unless in its sole discretion it deems that such notice will lead to further damage and violation.

Kotive reserves the right to institute criminal action against you for any illegal use of the Services.

11. Technical Support

Technical support is available via email and in-app messaging if your subscription is fully paid for that Term.

Technical support is available via phone for customers with Priority Support subscriptions.

12. Security Incident

If a security incident should occur that may affect the Services, Kotive will notify you of the breach and describe what happened.

In the event that Personal Information is suspected of being compromised, Kotive will notify you, the ICO and DPC within 72 hours.

13. Complaints and Disputes

A Party may complain to Kotive about:

  • Receiving incorrect Services;
  • The customer service you received from Kotive.

Kotive undertakes to resolve disputes internally as far as practically possible. You may lay your complaint by emailing Kotive.

14. Intellectual Property Rights

The structure, organization and content of the Website and Services are protected by law, including without limitation the copyright laws by international treaty provisions.

Kotive either owns or has been licensed to use the copyrights and trademarks in this Services and its software applications. This Agreement does not grant you any intellectual property rights in the Services and trademarks. Kotive reserves all rights not expressly granted.

You may not make a copy of this Website or reverse engineer the Services. Breach of this clause is a criminal offence.

You retain the Intellectual Property rights in the Content you upload to the Services.

In the course of using the Services you may design Content (e.g. workflows, forms, third-party integrations, etc.) and decide to make it available to Kotive for re-use. By making such Content available for re-use, you grant Kotive a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works and exploit that Content.

15. Disclaimer and Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use or inability to use the Website and the Services. Kotive will not be liable for direct or indirect damage that might arise out of the use of the Website and the Services nor the damage to property or for personal injury or death due to the use and/or misuse of its Services.

Kotive is not legally responsible for content in websites of Third Parties to which this Website or Services links.

You must use discretion before taking any action based on the information, ideas and opinions expressed on this Website.

Kotive has not customized the Website or Services to suit your individual requirements and you must ensure that you use appropriate hardware and software to access this Website or Services.

Kotive does not accept liability for any submissions made in email communications by its employees, resellers, referrers and/or agencies that caused damage to you or Third Parties.

Kotive provides the Website and Services “as is” and Kotive makes no warranty as to its use, availability or performance.

Kotive does not guarantee that the Website and Services are error-free.

Kotive will not be legally responsible for any delays or failures in performance of any part of the Services if the cause is beyond its control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

In case a court of law finds Kotive liable for direct and/or indirect damage suffered, the damage shall be no more than the fees you paid us for the Services the previous month.

16. Accountability

You are responsible to ensure that everyone who accesses the Services by or through your Account, adhere to these terms and conditions of use and you are liable for their actions while using the Services.

You shall ensure and hereby warrant and represent that you are entitled to transfer personal information to Kotive so that Kotive may lawfully process and transfer the personal information in accordance with these terms and conditions. You shall ensure that relevant data subjects have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection laws and have sole responsibility for the accuracy, quality and legality of personal information processed by Kotive in the provision of the Services.

17. Changes to Website and Services

Kotive reserves the right to amend any information of its Services on this Website.

Kotive reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Services with or without notice.

It may change terms and conditions in its sole discretion, by posting the new terms on the Website and/or notifying you by email using the last email address you gave Kotive.

You must acquaint yourself with any such amendments to the terms and conditions and they will take effect as from the next billing cycle.

18. Communication

You accept that Kotive may communicate with you through the use of email or in-app messages relating to the use of the Services such as sending notifications of updates to the Website and/or Services, special promotions or new product launches. You may elect not to receive electronic marketing messages from us. When Kotive sends a message to you, it is deemed that you have received it when you are capable of viewing or downloading the message.

When you send an email to Kotive, it is deemed to have been received when Kotive replies to the message.

You agree that all electronic agreements, invoices, notices, disclosures and other communications between Kotive and yourself, satisfy any legal requirement that such communications be in writing.

19. Security Safeguards

Employees: access to customer information is limited to authorized employees.

Password & credentials: the password that you create for your Account is not known to Kotive or anyone else. Your password is not stored in plain-text; only a securely encrypted password is stored. The same encryption is applied to credentials for third-party integrations.

Permissions: group and role-based permissions are enabled for all logged-in customers by default. It limits access to data vertically as well as horizontally.

System design: we have designed our Services in such a way that implement proper information security principles to secure the confidentiality, integrity and availability of Personal Information against loss, damage, destruction and unlawfulness disclosure.

Encryption: the Services are served over https and protected by SSL certificates. All data sent to or from Kotive is encrypted in transit using 256 bit encryption.

Data Hosting and Storage: like many SaaS providers, we use a highly ranked, third-party data hosting providers with datacentres located globally to provide the Services. The Services use datacentres by DigitalOcean (LON) & Amazon Web Services (us-east-1). By using the Services you agree that cross-border transfer may take place with your Personal Information to these datacentres. These providers are committed to privacy and data security.

Failover: Kotive’s infrastructure and data are spread across different availability zones and will continue to work if any one of those data centers fail.

Backups: In addition to Kotive’s Failover our databases are backed on a daily basis with daily restore points.

Virtual Private Cloud: our servers are within our own virtual private cloud (VPC) with network access control lists that prevent unauthorized requests getting to our internal network.

20. Disclosures

Full name and legal status of the Owner: DC Interactive

Registration number: 2001/059107/23

Website address: kotive.com

Email address: support (at) kotive (dot) com

Contact number: -

Physical location: South Africa

Description of the main characteristics of the services offered by the supplier: Kotive offers various software solutions for business processes and supplies them as a monthly service.

The minimum duration of the agreement: One month and this Term renews monthly until cancelled by you or Kotive.

Manner of payment: Kotive accepts credit cards. All credit card transactions are done through Payfast (read more about their privacy policies).

Time within which services will be rendered: Unless otherwise agreed, the Services will start on subscription to the Services.

Record of the Transaction: A record of your transaction is emailed to you along with your monthly invoices.

21. Governing Law

The Laws of the Republic of South Africa governs the interpretation and validity of this Agreement and the courts of the Republic of South Africa will have exclusive jurisdiction in case of any dispute.

22. General

These terms and conditions form the whole agreement between the Parties and any supersede all prior agreements, other representations and understandings.

If a certain clause in this agreement is found not to be enforceable, that clause will be removed but the rest of the terms and conditions will still be valid.

Even if this agreement is terminated, the following clauses will continue to apply: Intellectual Property Rights, Disclaimer and Limitation of Liability, Governing Law and General.

23. Interpretation and Definitions clause

“Account” means the Account opened when you registered to use the Services and includes all details submitted by you to the Services such as Personal Information;

“Intellectual Property” refers to any copyrights, moral rights, goodwill, trade marks, source code, software applications, trade secrets or similar intellectual property rights;

“Kotive” includes the directors, shareholders, employees, service providers and agents of the Owner;

“Maker” refers to the role “Maker” that is assigned to a User’s Account. This role enables the User to design custom Content;

“Party/Parties” refers to either Kotive or User;

“Personal Information” refers to the Personal Information that you submit to the Services while using the Website and/or Services. It may include the following:

  • information relating to the race, gender, sex, marital status, national, ethnic or social origin, colour, age, conscience, belief, culture and language of the individual;
  • information relating to the education or employment history of the individual or information relating to financial transactions in which the individual has been involved;
  • any identifying number, symbol or other particular assigned to the individual;
  • the address of the individual;
  • the personal opinions, views or preferences of the individual, except where they are about another individual;
  • correspondence sent by the individual that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
  • the name of the individual where it appears with other Personal Information relating to the individual or where the disclosure of the name itself would reveal information about the individual, but excludes information about an individual who has been dead for more than 20 years.

“Services” refer to the services to which you can subscribe and includes access to the Web-based Application, API, products, services, apps and workflows;

“Term” means a recurring, periodic cycle and starts on the first day when payment is initially made for the Services;

“Third Parties” refer to people or organizations other than you or Kotive;

“User” means the person or entity accessing these Services.

“Website” refers to the official website address: www.kotive.com