These Terms of Service ("Terms") govern your access to and use of the Services offered by Kohort Software Limited ("Company", "we", "us"). By signing up through our Website and creating an account, you agree to these Terms. If you do not agree, you may not use the Services.
1. The Services
We provide online subscription software services (the "Services") as described on our Website and Pricing Page. The Services are licensed, not sold. You receive a limited, non-exclusive, non-transferable right to use the Services during your active subscription, solely for your internal business purposes. We may update or improve the Services and may disable or remove features if required for legal, compliance, or safety reasons.
2. Free Trial and Signup
A free trial may be offered as described on the Website at the time of signup. Free Trials are limited to one per organisation. Unless extended at our discretion, your account will disable automatically at the end of the Free Trial if valid payment details have not been provided. The "Subscription Start Date" is the date you provide valid payment details and activate your subscription.
3. Subscriptions, Fees and Taxes
Subscriptions are available on a monthly or annual basis. All subscriptions renew automatically unless cancelled. Fees are payable in advance by credit card. Billing is based on the activation date, not calendar month. No proration applies. Fees are exclusive of taxes. If payment fails, we will retry for seven (7) days. After seven days of failed payment your account will be locked. All Fees are non-cancellable and non-refundable.
4. Pause
You may pause your subscription at any time with immediate effect via your account settings. Pauses last up to sixty (60) days. If not reactivated by then, the account is deemed cancelled. Pausing does not entitle you to a refund of Fees already paid for the current billing cycle. You may pause more than once.
5. Acceptable Use and Usage Limits
You must not use the Services to: break the law, infringe rights, or transmit harmful material; attempt to copy, reverse engineer, or build competing services; introduce malware or security vulnerabilities; or overload or abuse the Services. We may suspend access immediately if you materially breach this section.
6. Implementation
Standard integration is via Mobile Measurement Partner (MMP). If you choose a custom data source, an implementation fee will apply, quoted separately.
7. Service Levels and Support
We will use commercially reasonable efforts to make the Services available 99.5% of the time each month, excluding planned maintenance. This uptime target is a commitment only and does not entitle you to refunds or credits. Support is provided via in-app chat or email at support@kohort.io during Business Days.
8. Data and Privacy
You retain ownership of all data you submit to the Services ("Customer Data"). You are responsible for the legality, accuracy, and backup of Customer Data. The Services are not designed to process personal data. You must not submit personal data. Upon cancellation, we retain Customer Data for thirty (30) days before deletion. The Company may retain and use "Derived Data" (aggregated, anonymised data derived from your usage) indefinitely for analytics, benchmarking, and improving the Services.
9. Feedback and Improvements
If you provide feedback, suggestions, or ideas, we may use them without restriction or payment. All improvements or modifications to the Services are owned solely by us.
10. Termination and Cancellation
You may cancel by giving thirty (30) days' notice. Cancellation takes effect at the end of the current billing cycle. We may terminate immediately if you fail to pay Fees within seven (7) days of notice, or materially breach these Terms.
11. Intellectual Property and Indemnities
We and our licensors own all intellectual property in the Services. We will defend you against third-party claims that the Services infringe intellectual property rights. You will defend us against third-party claims arising from your Customer Data or breach of these Terms.
12. Liability
The Services are provided "as is". We do not guarantee results from recommendations or outputs of the Services. We are not liable for indirect, incidental, or consequential loss, including loss of profits or data. Our total liability in any 12-month period is capped at the Fees you paid us in that period. Nothing limits liability for death, personal injury, fraud, or wilful misconduct.
13. Beta Features
We may make beta or experimental features available on an opt-in basis. Beta features are provided "as is", without SLA or support, and may be withdrawn at any time.
14. Compliance
Each party complies with applicable laws, including export control, sanctions, anti-bribery, and anti-corruption laws. We maintain commercially reasonable professional indemnity and cyber liability insurance.
15. Changes, Assignment and Notices
We may amend these Terms. Material changes will be notified by email or in-app at least thirty (30) days before they take effect. You may not assign these Terms without our consent, except to a successor in a merger or acquisition. We may assign freely.
16. General
These Terms, together with the Pricing Page and policies referenced herein, are the entire agreement between us. No third party has rights under the Contracts (Rights of Third Parties) Act 1999. If any provision is unenforceable, the remainder remains in effect.
17. Governing Law
These Terms are governed by the laws of England and Wales. The courts of London, England shall have exclusive jurisdiction.