Master Service Agreement (MSA) effective from 4th May 2023

This Master Services Agreement ("Agreement" or "MSA") governs your acquisition and use of services made available by KINT-DATA, Inc. ("KINT-DATA, Inc", "We", "Us" or "Our"), including on Kint-Data.com and any of Our other websites, products and/or services that explicitly indicate the applicability of this Agreement (collectively, "Service(s)"), by all natural persons (humans) and juristic persons whether incorporated or not (companies, organisations, etc.). Collectively, such natural or juristic person, as the case may be, is referred to below as "You" and "Your".

Please read the contents of this document carefully before using any of Our Services.

By undertaking any of the following actions, You demonstrate that You have read, understood and agree to this Agreement:

  1. By creating an account on or through the Service or a website operated by KINT-DATA, Inc;
  2. By clicking a box indicating acceptance;
  3. By executing an Order Form that references this Agreement; and/or
  4. By signing this Agreement, whether digitally or physically.

In addition, when using certain parts of the Service(s), you will be subject to additional terms and conditions, policies, rules, or guidelines, that may be posted on the relevant part of the Service from time to time. You agree not to use such parts of the Service without reading, understanding, and accepting such additional terms as may be provided. In case of a conflict between this Agreement and the terms posted for a specific part of the Service, the latter shall have precedence with respect to Your use of that part of the Service. In addition to any terms and conditions as provided for above or herein, the following terms and conditions, and policies, as updated from time to time, apply to your interactions on the Service:

  1. Privacy Policy: The collection, use, storage, processing and transfer and deletion of Your personal information is governed by the Privacy Policy, available at: https://Kint-Data.com/privacy-policy, as updated from time to time.
  2. Service Level Agreement: Additional terms and conditions are applicable to Kint-Data.com support and maintenance under the Service Level Agreement, incorporated herein by reference, and available at: https://Kint-Data.com as updated from time to time.
  3. Reporting Security Vulnerabilities: Security vulnerabilities found by You can be reported to KINT-DATA, Inc by sending an email to compliance@Kint-Data.com, as updated from time to time. For more details regarding security vulnerabilities, please see "Scanning for Vulnerabilities" below.
  4. Trademark Use Policy: Certain trademarks and logos owned by KINT-DATA, Inc may be used by You subject to the terms of the Trademark Use Policy located at https://Kint-Data.com/license-trademark, as updated from time to time.

This Agreement is effective between Customer (as defined below) and KINT-DATA, Inc as of the date of Your accepting this Agreement.

  • 1.1. "Additional Support Services" shall have the meaning assigned to it in Section 5.1.3

    1.2."Affiliate(s)" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

    1.3. "Agreement" means this Master Services Agreement.

    1.4. "Authorized User" means a person that has been authorized by a Customer to use the Service, for example by providing such person an account or login credentials to access or use the Service. If Customer is an individual person, Authorized User includes Customer.

    1.5. "Repo" means the software available at https://github.com/Kint-Data.

    1.6. "Bug" means a problem in Kint-Data ERP that causes Kint-Data ERP to crash or produce invalid output. Bug does not include (i) intended outcome(s) of using Kint-Data ERP; (ii) lack of feature(s); and/or feature(s) not matching expectation(s); and (iii) outputs that conform to the Documentation. Whether or not something is a Bug shall be determined by KINT-DATA, Inc in its sole discretion.

    1.7. "Commercially Reasonable" means, to act in good faith using prevailing industry practices and making all reasonable efforts considering the facts and circumstances of the matter.

    1.8. "Consulting Hours" shall have the meaning assigned to it in Section 2.6.

    1.9. "Core Kint-Data ERP Feature(s)" means those features of Kint-Data ERP that are provided within Kint-Data ERP and Core Kint-Data ERP Modules, as distributed without any modification and without any additional Modules. Core Kint-Data ERP Feature(s) may include features provided by Core Kint-Data ERP Modules. The list of Core Kint-Data ERP Feature(s) can be modified by KINT-DATA, Inc at any time in its sole discretion without prior notification to the Customer.

    1.10 "Core Kint-Data ERP Modules" means Modules that are provided within the standard and unmodified public releases of Kint-Data ERP, as distributed by Kint-Data ERP Core Maintainers. Core Kint-Data ERP Modules may include: (i) accounts, (ii) assets, (iii) buying, (iv) customer relationship management, (v) human resource, (vi) projects, (vii) quality management, (viii) selling, (ix) stock, and (x) support. The list of Core Kint-Data ERP Modules may be modified by KINT-DATA, Inc at any time in its sole discretion without any prior notification to Customer.

    1.11 "Core Support Services" shall have the meaning assigned to it in Section 5.1.1.

    1.12 "Customer" shall mean: (i) in case an individual accepts this Agreement on behalf of himself / herself, then such individual; and (ii) in case an individual accepts this Agreement on behalf of a company, organization, or other entity (whether or not it is registered or incorporated), such company, organization or other entity.

    1.13 "Customized Features" shall have the meaning assigned to it in Section 6.2.1.1.

    1.14 "Dedicated Hosting" shall have the meaning assigned to it in Section 4.3.

    1.15 "Documentation" means the information made available by KINT-DATA, Inc regarding the Service at https://docs.Kint-Data.com/ as updated from time to time, including user guides; help files; tutorials including written, audio and video; policies; procedures; and other information made available by KINT-DATA, Inc regarding the Service(s).

    1.16. "Kint-Data ERP" means the software called 'Kint-Data ERP' and its associated components, including Core Kint-Data ERP Modules, that are publicly distributed or otherwise provided by KINT-DATA, Inc and its contributors, under the terms of the 'GNU General Public License, version 3' or such other license as may be specified.

    1.17. "Kint-Data ERP Champion" shall have the meaning assigned to it in Section 3.5.

    1.18 "Kint-Data ERP Core Maintainers" means maintainers of Kint-Data ERP's official open source repository.

    1.19 "Kint-Data ERP.com" means the website and service available at https://Kint-Data ERP.com/.

    1.20 "KINT-DATA, Inc" shall have the meaning assigned to it above.

    1.21. "KINT-DATA, Inc-Hosted" shall have the meaning assigned to it in Section 4.1.

    1.22. "Host", "Hosted" and "Hosting" means the storage and/or processing of data or information related to an Instance, including but not limited to databases, accounts, object code, executable files, and all other associated files, data and information, that are necessary for an Instance of Kint-Data ERP to be used.

    1.23 "Instance" means an Kint-Data ERP installation on a single website, or configuration of Kint-Data ERP for use with a single website. For clarification, installation or configuration of Kint-Data ERP for use with multiple websites will be counted as multiple Instances of Kint-Data ERP.

    1.24. "Limited Support Services" shall have the meaning assigned to it in Section 5.1.2.

    1.25 "Module" means any component of Kint-Data ERP that provides a complete and distinct business functionality.

    1.26 "MSA" means this Master Services Agreement.

    1.27 "Order Form" means an ordering document or online order specifying the Services to be provided hereunder that is entered into between KINT-DATA, Inc, and Customer or any of the Customer's Affiliates, including any addenda and supplements thereto. For the purpose of this Agreement, the term "Order Form" includes, but is not limited to, documents titled "Invoice", "Sales Order Form" or "SOF". By entering into an Order Form hereunder, an Affiliate agrees to be bound by the terms of this Agreement and the Order Terms as if it were an original party hereto.

    1.28 "Order Terms" means additional terms and conditions specified in: (i) an Order Form; (ii) an annexure, exhibit, or similarly titled document attached to or provided with the Order Form; (iii) an annexure titled Order Form annexed with this Agreement; or (iv) Service Specific Agreement. Order Terms shall be binding upon the parties to the Order Form for the products and services provided by KINT-DATA, Inc under the Order Form.

    1.29 "Our" has the meaning assigned to it above.

    1.30 "Privacy Policy" means the document or page described above, as updated from time to time.

    1.31. "Reporting Security Vulnerabilities" means the document or page described above, as updated from time to time.

    1.32. "Self-Hosted" shall have the meaning assigned to it in Section 4.1.

    1.33 "Server" means and includes computers, servers, devices, virtual machines, virtual images, or virtual storage, by whatever name called, that are used to host any Instance(s).

    1.34 "Service(s)" shall have the meaning assigned to it above.

    1.35 "Service Level Agreement" means the document or page described above, as updated from time to time.

    1.36 "Service Specific Agreement" means additional terms and conditions applicable for specific Service(s), as specified on the Website or Service.

    1.37 "Shared Hosting" shall have the meaning assigned to it in Section 4.3.

    1.38 "SSH" shall have the meaning assigned to it in Section 3.6.3.

    1.39 "Subscriber" means a User that has an active paid subscription for a Service.

    1.40 "Support Services" shall have the meaning assigned to it in Section 5.1.

    1.41 "Term" shall have the meaning assigned to it in Section 17.1.

    1.42 "Trademark Use Policy" means the document or page described above, as updated from time to time.

    1.43 "Trial" means access to Service(s) provided by KINT-DATA, Inc to Customer, for the purpose of evaluation of such Service(s) by Customer, upon such terms as may be specified by KINT-DATA, Inc.

    1.44 "Us" shall have the meaning assigned to it above.

    1.45 "Users" means Authorized Users and Kint-Data ERP Champion.

    1.46 "We" shall have the meaning assigned to it above.

    1.47 "Website" means Kint-Data.com or such other website owned and/or operated by KINT-DATA, Inc that refers to this Agreement.

    1.48 "Work Hours" means the Work Hours or Support Hours specified in the Service Level Agreement. For specific Services, Work Hours may be specified in the applicable Order Terms.

    1.49 "You" and "Your" shall have the meaning assigned to them above.

  • Kint-Data ERP is very intiutive and dynamic, an array of modules are built-in, your company can also request for a custom feature to be add.

  • Your company can onboard unlimited number of users as Kint-Data ERP is not billed based on number of users.