Unigrams by Kai Analytics and Survey Research Inc.
Terms of Service/End User Licensing Agreement
This Agreement contains the complete terms and conditions that govern the use of the Company’s website(s) (“Website” or “Websites” or “Site”) in any platform the Site is being operated by User. BY CLICKING THE “I AGREE” BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER COMPANY SOFTWARE, SERVICES, WEBSITES, OR CONTENT (COLLECTIVELY THE “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO www.unigrams.com/terms. You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued us of the Site shall constitute your acceptance thereof.
ACCESS AND USE OF THIS SITE
User can set up an individual or one-person account. The account types the User can subscribe to are as follows:
To access this Site, Site resources, links or other content, User may be asked to provide certain registration details or other information. It is a condition of User’s use of this Site that all the information User provide will be correct, current, and complete. If Company believes the information, User provide is not correct, current, or complete, Company has the right to deny access to this Site, or to any of its resources, and to terminate or suspend User’s access at any time.
APPLICABLE USE OF SITE
You may use this Site only for purposes expressly permitted by this Agreement. As a condition of User’s use of Company’s Websites, you warrant to Company that you will not use the Websites for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.
NO CO-BRANDING OR FRAMING
NO UNLAWFUL ACCESS
User agree that User will not use Company's Websites in any manner that could in any way disable, overburden, damage, or impair the Websites or otherwise interfere with any other party's use and enjoyment of the Websites. User further agree that User will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Websites.
All content found on the Company Websites (the "Content") is considered the copyrighted and trademarked intellectual property of Company, or of the party that created and/or licensed the Content to Company. No rights or title to any of the Content contained on any Company Website shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, User agree that User will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Company in each instance, except that User may print out and/or save one copy of the Content for User’s personal use only.
SUBMISSIONS AND UPLOADS
Company cautions User to avoid submitting/uploading sensitive information (i.e. social security numbers, and the likes) for analytics purposes, unless they an integral part of the process in which case User should/must indicate expressly as such in the submissions/uploads. Furthermore, User has the sole responsibility of protecting and securing sensitive information and releases Company of any further liabilities incurred under this provision.
With the advent of phishing or fraud, or when unlawful content is reported to Company, User acknowledges that Company may be required to review contents submitted or uploaded to the Site pursuant to applicable laws, rules and regulations. However, User acknowledges that Company has no obligation to monitor or review any content submitted or uploaded by User.
MODIFICATION OF SOFTWARE AS A SERVICE
Company has the right to modify its functionality in providing services, in its sole discretion. If User has suggestions or recommends any new feature, Company has the right to use such suggestions or recommendations free-of-charge, without any attribution or compensation to any party.
As part of the modification of functionality in providing services to User. Company has the right to analyze and will anonymize and aggregate information and will be treated as Cloud Materials. Unless otherwise agreed, personal data contained in Customer Data is only used to provide the Cloud Service and Consulting Services. Analyses may be used for the following purposes:
This Site may be hyperlinked to and by other websites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with this Site or Company. Company has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Company Website to another web page should be accessed at the User’s own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site.
PRICE AND PAYMENT POLICY
Company shall require User to pay all applicable fees as described in this Site in connection with the services selected by User. Company reserves the right to modify or change the price and provide new charges upon notice to User via the Website or by email. By continuing to use, access or avail the services in this Site, User agreed to be bound by the new or increased pricing.
Any fee paid to Company shall be non-refundable. Subject to applicable legal requirements, failure to pay fees may result in suspension or termination of User’s account. Data submitted/uploaded to the Site will be dealt with pursuant to the Data Retention and Storage provision of this agreement.
User has knowledge that prices advertised in the Site are exclusive of any applicable tax (i.e. GST, PST, etc.) imposed by the Province of British Columbia, Canada and/or any jurisdiction that will claim or pursue taxes against the services provided by Company. In all cases, User will be notified of such charges and taxes prior to getting charged.
Payment shall be processed by Stipe – payment provider. If User has any concerns or questions relating to their policy, please refer to https://support.stripe.com. If User has any questions regarding billing, Company coordinates with Zoho CRM to process these matters. Zoho can be contacted through https://www.zoho.com/contactus. Any reimbursement will be dealt with through Zoho CRM.
DATA RETENTION AND STORAGE
The data retention and storage are dependent upon creation of an account by User with Company. User chooses to upload/submit data or information to the Site with knowledge that it will be hosted or stored in a specific country at User’s choosing based on the given choice of country. User knows that the uploaded/submitted data would be stored and retained in secure cloud data centers in the United States and/or Canada.
Data uploaded/submitted by User would be retained and stored by Company within the subscription period and for a period of one year from the time the chosen subscription account of User expires without continuing through a renewal of subscription or subscribing to a new one. User’s failure to complete the transaction of renewal or subscribing to a new subscription within the period would result in the deletion of the User’s uploaded/submitted data, and User releases Company of any and all legal and equitable claims.
However, Company reserves the right to retain User’s account information for a period applicable in perpetuity, as required by law, or if the User decides to delete the account permanently. User acknowledges that information shared with third-party companies is subject to the terms of services between those third-party companies and Company.
THIRD PARTY COMPANIES
Company, may at times, involve third parties for service operation and storage of data. User has knowledge that Company will be bound by the Terms of Services by those companies. User data shared by Company to those third-party companies shall be subject to the Terms of Services by those companies. User acknowledges that Company needs those third-party companies to operate efficiently and provide effective service to User. Therefore, User acknowledges that Company’s responsibility shall be limited to those unshared user data or information only.
RIGHT TO TERMINATE ACCESS
PERSONALLY IDENTIFIABLE SENSITIVE INFORMATION
DISCLOSURE UNDER LAW
Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
DISCLAIMER & LIMITATIONS ON LIABILITY
User understand that Company cannot and does not guarantee or warrant that files available for downloading from the Company Websites will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to User’s computer(s) or network(s). User acknowledge that User will be solely responsible for implementing sufficient procedures and checkpoints to protect User’s computer(s) and network(s), and that User will maintain adequate means of backup of User’s personal data, external to this Website. Company further disclaims any responsibility to ensure that the Content located on its Websites is necessarily complete and up-to-date.
USER’S USE OF THIS SITE IS AT USER’S OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY COMPANY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. USER ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT USER’S USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT USER HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY USER HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.
TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, "Intellectual Property") appearing on this Site are the property of Company or the party that provided the Intellectual Property to Company. Company and any party that provides Intellectual Property to Company retain all rights with respect to any of their respective Intellectual Property appearing in this Site and do not transfer at any time to user and/or any other third party. All contents of Company's Websites are: © Kai Analytics and Survey Research Inc. 2021. All rights reserved.
If User believe that User’s work has been copied in a way that constitutes copyright infringement, please provide Company's copyright agent (as designated herein) all of the written information specified below. Please note that this procedure is exclusively for notifying Company and its affiliates that User’s copyrighted material has been infringed. Please include the following:
— An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
— A description of the copyrighted work that User claim has been infringed upon;
— A description of where the material that User claim is infringing is located on the Site, including the current Website address;
— User’s address, telephone number, and e-mail address;
— A statement by User that User have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;
— A statement by User, made under penalty of perjury, that the above information in User’s notice is accurate and that User are the copyright owner or authorized to act on the copyright owner's behalf.
Company's Copyright Agent for notice of claims of copyright infringement on its Websites can be reached as follows:
Kai Analytics and Survey Research Inc.
Attn: Kevin "Kai" Chang,
997 Seymour St #250, Vancouver, BC V6B 3M1, Canada
BY ACCEPTING THIS AGREEMENT USER WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
CLAIMS, DISPUTES AND GOVERNING LAWS
The substantive interpretation of this agreement will be in accordance with the laws of the Province of British Columbia, Canada. Such arbitrator agreed upon by the parties shall be guided by the laws of the Province of British Columbia, Canada.
(b) User agree that no joint venture, partnership, employment, or agency relationship exists between User and Company as a result of this Agreement or use of Company's Websites.
(d) The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of the Company.
(e) The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of this Agreement to the Company:
If User have any questions regarding this Agreement, please contact us at
Updated on June 8th, 2021