Subscription Terms

This is our Subscription Contract with you. Before proceeding to create an account you must first read it in its entirely and, if you have any question, send us a message through the Contact page.

1. Subscription

1.1. Provision of Subscription Services

KEZAR ENGINEERING will make the Subscription Services available to Customer pursuant to this contract, the Documentation, and the relevant Order Form during the Subscription Term, solely for Customer’s internal business purposes. Customer's use of the Subscription Services includes the right to access all functionality available in the Subscription Services during the Subscription Term. So long as KEZAR ENGINEERING does not materially degrade the functionality, as described in the Documentation, of the Subscription Services during the applicable Subscription Term (i) KEZAR ENGINEERING may modify the systems and environment used to provide the Subscription Services to reflect changes in technology, industry practices and patterns of system use, and (ii) update the Documentation accordingly. Subsequent updates, upgrades, enhancements to the Subscription Services made generally available to all subscribing customers will be made available to Customer at no additional charge, but the purchase of Subscription Services is not contingent on the delivery of any future functionality or features. New features, functionality or enhancements to the Subscription Services may be marketed separately by Kezar Engineering and may require the payment of additional fees. Kezar Engineering will determine, in its sole discretion, whether access to such new features, functionality or enhancements will require an additional fee.

1.2. Trial Services

If Customer registers or accepts an invitation for Trial Services, including through KEZAR ENGINEERING website, or executes an Order for the same, KEZAR ENGINEERING will make such Trial Services available to Customer on a trial basis, free of charge, until the earlier of (a) the end of the free trial period for which Customer registered to use the applicable Trial Services, or (b) the end date specified in the applicable Order. Trial Services are provided for evaluation purposes and not for production use. Customer shall have sole responsibility and KEZAR ENGINEERING assumes no liability for any Customer Data that Customer may choose to upload on the Trial Services. Trial Services may contain bugs or errors, and may be subject to additional terms. TRIAL SERVICES ARE NOT CONSIDERED "SERVICES" HEREUNDER AND ARE PROVIDED "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY AND KEZAR ENGINEERING SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE TRIAL SERVICES. KEZAR ENGINEERING may, in its sole discretion, discontinue Trial Services at any time.

2. Customer Obligations

2.1. Responsibilities

Customer shall (i) access and use the Services in accordance with this contract, applicable laws and government regulations, (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify KEZAR ENGINEERING promptly of any such unauthorized access or use, and (iii) take commercially reasonable steps necessary to ensure the security and compliance of the Customer Applications.

2.2. Customer Data

Customer has and shall maintain all rights as are required to allow KEZAR ENGINEERING to provide the Subscription Services to Customer as set forth in this contract, including without limitation to send the Customer Data to KEZAR ENGINEERING pursuant to this contract, and to allow KEZAR ENGINEERING to access, use, and store Customer Data to provide the Subscription Services pursuant to this Agreement. Customer is responsible for its legal and regulatory compliance in its use of any Subscription Services and shall make KEZAR ENGINEERING aware of any Customer Data processed, stored, or transmitted through the Subscription Services. If, in the course of providing Subscription Services, KEZAR ENGINEERING agrees in writing to process such Customer Data and Customer has subscribed to any applicable Subscription Services, KEZAR ENGINEERING shall process it only as permitted under this contract and in compliance with data protection legislation to which KEZAR ENGINEERING is subject as a service provider.

2.3. Restrictions

Customer shall not (i) license, sublicense, sell, resell, rent, lease, transfer, distribute or otherwise similarly exploit the Subscription Services, (ii) use or permit others to use any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Subscription Services, (iii) copy, create a derivative work of reverse engineer, reverse assemble, disassemble, or decompile the Subscription Services, or any part thereof or otherwise attempt to discover any source code or modify the Subscription Services, (iv) create a competitive offering based on the Subscription Services, and (v) disclose any benchmark or performance tests of the Subscription Services.

3. Payment

Payment for the Subscription Services must be made exclusively through Stripe. KEZAR ENGINEERING will provide a secure payment environment so there's no need for the Customer to access Stripe website or make the transfer manually. Stripe will automatically notify KEZAR ENGINEERING about the payment and will instantly give Customer access to all Services.

4. Proprietary Rights

4.1. Subscription Services

Except for the rights expressly granted under this contract, KEZAR ENGINEERING retain all right, title and interest in and to the Subscription Services and Documentation, including all related intellectual property rights therein. KEZAR ENGINEERING reserves all rights in and to the Subscription Services and Documentation not expressly granted to Customer under this contract. Customer will not delete or in any manner alter the copyright, trademark, and other proprietary notices of KEZAR ENGINEERING.

4.2. Customer Data

As between Customer and KEZAR ENGINEERING, Customer is and will remain the sole and exclusive owner of all right, title and interest to all Customer Data and Customer Applications, including any intellectual property rights therein. Customer hereby grants KEZAR ENGINEERING, all necessary rights to host, use, process, store, display and transmit Customer Data and Customer Applications solely as necessary for KEZAR ENGINEERING to provide the Services in accordance with this contract. Customer represents that it has, and warrants that it shall maintain, all rights as required to allow KEZAR ENGINEERING to compile, use, store, and retain aggregated Customer Data, including without limitation in combination with other KEZAR ENGINEERING customers data, for internal or marketing uses (provided that no such marketing use shall include any information that can identify Customer or its customers). Subject to the limited licenses granted herein, KEZAR ENGINEERING acquires no right, title or interest from Customer or Customer licensors hereunder in or to Customer Data and Customer Applications, including any intellectual property rights therein. Customer reserves all rights in and to the Customer Data that are not expressly granted to Acquia pursuant to this contract.

5. Renewal and Termination

5.1. Renewal of Subscription Services

The Subscription Services provided by KEZAR ENGINEERING will not be automatically renewed. The Customer will be notified about the Annual Subscription Service expiration 30 days prior to its expiration and must access KEZAR ENGINEERING website and click in the button "Place an Order". After the payment completion the Invoice will be available in the Orders table. If the Customer don't make the payment for the Subscription Service renew, the access will be suspended.

5.2. Termination

This contract will be terminated if, (i) Customer violate this contract, (ii) give access to non-authorized personnel by sharing its credentials (login and password), (iii) be disrespectful with others including KEZAR ENGINEERING team, (iv) use or exploit security breaches and (v) use a non authorized Stripe account to make the payment.

5.3. Data Portability and Deletion

Upon request made by Customer within 7 days of termination or expiration of the Subscription Services, KEZAR ENGINEERING will make Customer Data and Customer Applications available to Customer for export or download as provided in the Documentation. At the end of such 7-day period, KEZAR ENGINEERING will delete or otherwise render inaccessible any Customer Data and Customer Applications, unless legally prohibited. KEZAR ENGINEERING has no obligation to retain the Customer Data for Customer purposes after this 7-day post termination period.

6. Kezar Engineering Responsibilities

KEZAR ENGINEERING is responsible for, (i) give full support to active (with a non-expired Subscription account) Customers, (ii) keep the system and services running (except when it's in Maintenance or Development), (iii) keep the system and services updated, (iv) preserve the Customer privacy and (v) keep the documentation updated.

KEZAR ENGINEERING is not responsible for, (a) Customer project design information, (b) Customer payment information and (c) correct use of its Services.

7. Mobile & Tablet Support

The website / application was designed to work with Desktop browsers, KEZAR ENGINEERING don't fully support Mobile and Tablet browsers as almost all of our USERS don't use it to design equipments. This situation may change in the future if USERS start to request for better support to such devices.