Legal Terms & Conditions

The following documents set out the legal terms and conditions.

PRIVACY POLICY
Last modified: February 13, 2018

Introduction

Kaseware, Inc., a Delaware corporation (“we,” “us,” “our,” and similar terms) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website kaseware.com (this “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On this Website;
  • In email, text, and other electronic messages between you and this Website;
  • Through mobile and desktop applications you download from this Website or from authorized third parties, which provide dedicated non-browser-based interaction between you and this Website; and
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by us or any third party; or
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from the Website]

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, your choice is not to use our Website.  By accessing or using this Website, you agree to this privacy policy.  This policy may change from time to time (see Changes to Our Privacy Policy).  Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age.  No one under age 13 may provide any information to the Website.  We do not knowingly collect personal information from children under 13.  If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.  If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@kaseware.com.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

  • by which you may be personally identified, such as name, employee identification information, your picture, postal address, e-mail address, telephone number, or (“personal information”);
  • that is about you but individually does not identify you, such as; and/or
  • about your internet connection, the equipment you use to access our Website and usage details.

We collect this information:

  • Directly from you when you provide it to us; and
  • Automatically as you navigate through the site.  Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • From third parties, for example, our third party customer support vendor.

Information You Provide to Us  

The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website.  This includes information provided at the time of registering to use the Kaseware software, subscribing to Kaseware service, or requesting information or a demonstration of the Kaseware software.  We may also ask you for information when you report a problem with our Website or the Kaseware software.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Your location when you register as “in-service” with our mobile application.
  • All of your investigative work done on the Website, including search queries, reports, stored digital evidence, forms related to your investigative work, files and attachments.

You also may provide information to be transmitted to other users of the Website (collectively, “User Contributions”).  Your User Contributions are posted on the Kaseware software and transmitted to others.  Although we employ security measures for all information that is stored on the Website, including encryption of certain information, please be aware that no security measures are perfect or impenetrable.  

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is statistical data and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties.  It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns;
  • Store information about your preferences, allowing us to customize our Website according to your individual interests;
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies).  A cookie is a small file placed on the hard drive of your computer.  You may refuse to accept browser cookies by activating the appropriate setting on your browser.  However, if you select this setting you may be unable to access certain parts of our Website.  Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Flash Cookies.  Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website.  Flash cookies are not managed by the same browser settings as are used for browser cookies.  For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons.  Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you;
  • To provide you with information, products, or services that you request from us;
  • To fulfill any other purpose for which you provide it;
  • To provide you with notices about your account/subscription, including expiration and renewal notices;
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • To notify you about changes to our Website or any products or services we offer or provide though it;
  • To allow you to access and use the Kaseware software;
  • To facilitate the use of the Kaseware software by your organization, including by sending your investigative work, reports, search queries, saved files and digital evidence, and User Contributions to others within your organization;
  • To report your location to your organization when you register as “in-service” with our mobile application;
  • In any other way we may describe when you provide the information; and
  • For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates;
  • To contractors, service providers, and other third parties we use to support our business;
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred;
  • To fulfill the purpose for which you provide it.  For example, if you give us an email address to use the “share” feature of our Website, we will transmit the requested contents to your email address to the recipients;
  • For any other purpose disclosed by us when you provide the information; and
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • To enforce or apply our User Terms of Service https://www.kaseware.com/legal and other agreements, including for billing and collection purposes; or
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others.  This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us.  We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising.  You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.  To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website.  If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from us.  If you do not wish to have your email address/contact information used by us to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to support@kaseware.com.  If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

We do not control third parties’ collection or use of your information to serve interest-based advertising.  However these third parties may provide you with ways to choose not to have your information collected or used in this way.  You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI) on the NAI’s website.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at support@kaseware.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our User Terms of Service https://www.kaseware.com/legal.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.  All information you provide to us is encrypted in transit and at rest using SSL technology.

The safety and security of your information also depends on you.  Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential.  We ask you not to share your password with anyone.  

Unfortunately, the transmission of information via the internet is not completely secure.  Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website.  Any transmission of personal information is at your own risk.  We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page.  If we make material changes to how we treat our users’ personal information, we will notify you by email to the   email address specified in your account and/or through a notice on the Website home page.  The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

191 University Blvd., Suite 170
Denver, Colorado 80206
support@kaseware.com

or via our toll-free number: 844-527-3927

KASEWARE ACCEPTABLE USE POLICY

You agree not to misuse the Kaseware services and software (the “Services”) or help anyone else to do so.  All users of the Services must comply with this Acceptable Use Policy in their use of the Services.  If you violate this policy, we may suspend or terminate your Kaseware account, and we may suspend or terminate your employer’s Kaseware account.  If you do (or attempt to do) any of the following things in connection with the Services, you will be in violation of this Acceptable Use Policy:

  • Probe, scan, test the vulnerability of, interfere with, or disrupt any system or network;
  • Breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or gain unauthorized access to non-public areas or parts of the Services;
  • Send unsolicited communications, promotions or advertisements, or spam;
  • Send altered, deceptive, or false source-identifying information, including spoofing of phishing;
  • Promote or advertise any products or services;
  • Sell the Services unless specifically authorized to do so by Kaseware;
  • Harass any person, violate the privacy of any person, infringe upon the rights of any person (including intellectual property rights), or use the Services in any way that is unethical or immoral; or
  • Use the Services in any way that constitutes a violation of law or that would give rise to civil liability.

 

KASEWARE USER TERMS OF SERVICE
You or the User are an employee, independent contractor, or agent of a business or governmental organization (the Prime User who is a user of the Services (as defined below) and, as a result of such relationship, you have been given access to the Kaseware, Inc.’s (“Kaseware”) website, to the Kaseware software platform and to the Kaseware mobile application and any related software (collectively, the “Services”).  This is a binding agreement between you and Kaseware, Inc., a Delaware corporation (“Kaseware”).  The Prime User has agreed to be bound by certain terms and conditions with Kaseware (the “Prime TOS”) and pursuant to the Prime TOS, you and all other users must agree to these Kaseware User Terms of Service (these “TOS”).  As a condition of your use of and access to the Services, you agree as follows:

1. Acceptance of Terms.  By by clicking “I accept” below, you agree to the terms in these TOS, Kaseware’s Privacy Policy found at https://www.kaseware.com/legal, and Kaseware’s Acceptable Use Policy at https://www.kaseware.com/legal.  By continuing to use the Services, you continue to agree to be bound by these TOS, Kaseware’s Privacy Policy found at https://www.kaseware.com/legal, and Kaseware’s Acceptable Use Policy at https://www.kaseware.com/legal, which may be adopted, modified, and restated by Kaseware in its sole discretion from time to time.

2. User Responsibilities.Your use of the Services shall be subject to the following conditions:

2.1 You are responsible for your own conduct and use of the Services, including the accuracy, quality, and legality of any data or information incorporated or stored in the Services that is entered or created by you, including, without limitation, your name, account information or information about an investigation or the subject of an investigation (“Data”);

2.2 Other than the Prime User’s account manager, you will not allow a third party to access your account or share your login credentials and you will keep your account information current;

2.3 You will not create internet links to the Services or “mirror” any content contained in the Services or a Kaseware website on any internet-based device;

2.4 You will not disassemble, reverse engineer, modify, translate, alter, decompile, or create derivative works from the Services;

2.5 You will not use the Services for any purpose that violates Kaseware’s Acceptable Use Policy, the rights of any third party, or applicable law; and

2.6 Any breach of these TOS by you shall also constitute a material breach of the Prime TOS and Kaseware shall have the right to immediately terminate these TOS, suspend your account, and the Prime User’s access to the Services, or exercise any other right or remedy available to it under these TOS, the Prime TOS, at law, or in equity.

3. Intellectual Property Rights. You acknowledge that all right, title, and interest in and to any and all technology and intellectual property forming part of the Services, including, without limitation, all patents, inventions, copyrights, trade secrets, trademarks, service marks, trade names, and other intellectual property rights (collectively, “Intellectual Property”), in and to the Services is Kaseware’s sole property. Nothing in these TOS gives you any right, title, claim, or interest in or to any of Kaseware’s Intellectual Property. You may not use Kaseware’s Intellectual Property, in any manner, except as permitted by these TOS. All rights in the Services are expressly reserved.

4. Term; Termination. These TOS are effective upon your initial access of the Services and continue until such time as Kaseware determines in its sole discretion to terminate your access to the Services.

5. Ongoing Obligations. Any provision of these TOS that, in order to give proper effect to its intent, should survive expiration or earlier termination of these TOS, will survive such expiration or termination.

6. NO WARRANTIES. THE SERVICES ARE PROVIDED “AS IS.” WE DO NOT MAKE AND YOU SHALL NOT RECEIVE ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, USAGE OF TRADE, UPTIME GUARANTEE, AND COURSE OF DEALING TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. KASEWARE DOES NOT WARRANT THE ACCURACY OF KASEWARE’S DATA, OR THE ANALYSES OF THAT DATA MADE BY THE SERVICES, OR ANY RESULTING CONSEQUENCE THAT MAY OCCUR AS A RESULT OF YOUR RELIANCE UPON KASEWARE’S DATA OR ANALYSES. KASEWARE DOES NOT GUARANTEE ANY RESULT FOR YOU AS A RESULT OF USING THE SERVICES.

7. Indemnification. You shall defend and hold harmless Kaseware against any claim, demand, suit or proceeding made or brought against Kaseware by a third party alleging that your use of, or Kaseware’s use, storage, or collection of the Data infringes or misappropriates the intellectual property rights of a third party or violates any applicable law except in circumstances where such claim arises out of or relates to Kaseware’s gross negligence or willful misconduct, and you agree to indemnify Kaseware for any damages, attorney fees and costs awarded against Kaseware in connection with the same.

8. Confidentiality.

8.1 “Confidential Information” means any trade secrets or other information of Kaseware, you, or the Prime User, whether of a technical, business, or other nature (such as the Services or your Data) that is disclosed to the other party (the “Recipient”) and that is marked “confidential,” or, where or not marked, that a reasonable person would understand to be confidential given the circumstances of the disclosure. Confidential Information does not include any information that: (a) was known to the Recipient before receiving it from the disclosing party; (b) is independently developed by the Recipient without use of or reference to any Confidential Information of the other party; (c) is acquired by the Recipient from another source that did not receive it in confidence from the other party to this Agreement; or (d) is or becomes part of the public domain through no fault or action of the Recipient.

8.2 During and after the term of these TOS, the Recipient will (a) use the Confidential Information of the other party only for purposes that are within the scope of these TOS and the Prime TOS; (b) not disclose such Confidential Information to a third party, except on a need to know basis to its attorneys, auditors, consultants, and service providers who are under confidentiality obligations at least as restrictive as those contained in this Section 8; and (c) protect such Confidential Information from unauthorized use and disclosure to the same extent (but using no less than a reasonable degree of care) that it protects its own Confidential Information of a similar nature. Notwithstanding the foregoing, you expressly permit Kaseware to transmit and store your Data for purposes of your use of the Services.

8.3 If the Recipient is required by law to disclose Confidential Information of the other party, the Recipient will give prompt written notice to the other party before making the disclosure.

8.4 The Recipient acknowledges that any actual or threatened breach of this Section 8 may cause irreparable, non-monetary injury to the disclosing party, the extent of which may be difficult to ascertain. Accordingly, the disclosing party is entitled to (but not required to) seek injunctive relief in addition to all remedies available to the disclosing party at law or in equity, to prevent or mitigate any breaches of these TOS or damages that may otherwise result from those breaches. Absent written consent of the disclosing party to the disclosure, the Recipient, in the case of a breach of this Section 8, has the burden of proving that the disclosing party’s Confidential Information is not, or is no longer, confidential or a trade secret and that the disclosure does not otherwise violate this Section 8.

9. Data; Access; Sharing of Information.

9.1 From time to time, you may deliver Data to Kaseware.

9.2 You acknowledge that Kaseware may or may not prescreen the Data, but that Kaseware shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move the Data that is available via the Services. KASEWARE SHALL NOT BE LIABLE FOR THE DELETION, DESTRUCTION, DAMAGE, LOSS, OR FAILURE TO STORE ANY USER’S DATA.

9.3 You agree and acknowledge that Kaseware may access your password-protected account(s), if any, for any reason, including without limitation, to respond to service requests, technical problems, or to ensure compliance with these TOS or the Prime TOS.

9.4 You acknowledge and agree that Kaseware may prepare, use, sell and distribute aggregated de-identified information collected and stored in the Services. In addition, Kaseware may share yours and other users’ usage statistics but not Data to its third party marketing partners.

9.5 The Services may provide for, among other things, the ability for you to share certain information, including potentially Data, with the Prime User and other users of the Services. Kaseware expressly disclaims any and all liability related to your disclosure or sharing of information (including Data, the confidential or personal identifying information of yourself or any other user, and information related to an investigation) through the Services and such disclosure or sharing of such information shall not be deemed to be a disclosure by Kaseware.

10.Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM CUMULATIVE AND AGGREGATE LIABILITY OF KASEWARE FOR ALL CLAIMS ARISING UNDER OR RELATED IN ANY WAY TO THESE TOS FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT OR OTHER STATUTORY, LEGAL OR EQUITABLE GROUNDS, SHALL NOT EXCEED $10. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Miscellaneous.

11.1 These TOS shall inure to and be binding upon Kaseware’s successors and assigns.

11.2 Only Kaseware may modify these TOS, Kaseware’s Privacy Policy, or Kaseware’s Acceptable Use Policy. If Kaseware modifies, amends, or updates these TOS, Kaseware will provide email notification of such modification, amendment, or update to you and the other users.

11.3 If any part of these TOS are held by any court of competent jurisdiction to be invalid, the remaining parts of these TOS will continue to be valid and enforceable as to the parties hereto. If the laws of the country you are located in prohibit any of the terms of these TOS, then the laws of such country will control.

11.4 The waiver or failure of Kaseware to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.

11.5 These TOS are governed by, construed, and enforced in accordance with the laws of the State of Colorado, United States of America, without reference to, or application of, its conflict of laws principles. Any litigation under these TOS must be brought in a state or federal court sitting in the City and County of Denver, Colorado. EACH OF THE PARTIES IRREVOCABLY WAIVES ITS RESPECTIVE RIGHT TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO THESE TOS IN ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST THE OTHER.

11.6 These TOS shall not be deemed to create any rights in third parties.

11.7 The parties agree that for all claims brought to enforce the provisions of these TOS, the non-prevailing party will pay, and the court will award, the prevailing party’s reasonable attorneys’ fees and costs incurred in connection with such claims.

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