Terms of use

These Terms of Use ("Terms") govern your access to and use of the website at https://kinetistackllc.com and the content, materials, and contact features we make available through it (together, the "Site"). The Site is operated by KinetiStack™ LLC, a Minnesota limited liability company ("KinetiStack™," "we," "us," or "our").

By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

These Terms govern only the Site. They do not govern your use of any KinetiStack™ product you acquire through the Microsoft Commercial Marketplace or any other channel. Product use is governed by a separate end-user license agreement, as described in Section 5.

1. The Site

The Site presents information about KinetiStack™ and our products, provides documentation and reference materials, and offers contact features for sales and support inquiries. We may add to, change, suspend, or remove Site content or features at any time without notice.

2. Intellectual property

Our content

All content on the Site — including text, images, logos, diagrams, code samples, and documentation — is owned by KinetiStack™ or our licensors and is protected by United States and international intellectual-property laws.

You may view, download, and print Site content for your own internal business reference. Any other use — including copying, republishing, modifying, distributing, or creating derivative works — requires our prior written permission. The "KinetiStack™" name and the KinetiStack™ logo are trademarks of KinetiStack™ LLC and may not be used without our prior written permission.

Your submissions

When you submit content to us through the contact form, by email, or through any other channel, you grant KinetiStack™ a worldwide, royalty-free, non-exclusive license to use, store, and process that submission for the purpose of responding to you and operating our business. We handle your submissions consistent with our Privacy Policy.

Do not submit content that infringes intellectual-property or other rights, is unlawful, defamatory, harassing, or hateful, contains malware or other harmful code, or that you do not have the right to share. You are responsible for the content you submit and represent that you have the right to submit it.

3. Acceptable use

You may use the Site only for lawful purposes and consistent with these Terms. You agree not to:

• use automated systems (scrapers, bots, crawlers) to access the Site at a rate or volume that disrupts service for others — we permit reasonable use of well-behaved search-engine crawlers;
• attempt to bypass or defeat any access control, rate limit, or security measure;
• use the Site to transmit malware, conduct phishing, or otherwise attack our infrastructure or other users; or
• reverse-engineer the Site or its components, except to the extent this restriction is prohibited by applicable law.

We may block any user, IP address or range, or pattern of traffic that we believe violates these Terms, without notice.

4. No account required

The Site does not currently require an account; you access it without signing in. If we later add account features, additional terms will apply and we will present them before those features take effect.

5. KinetiStack™ products are governed by a separate agreement

KinetiStack™ products — including the Oracle ⇄ ADLS Bridge offer on the Microsoft Commercial Marketplace — are licensed under a separate end-user license agreement ("EULA"), not under these Terms.

When you acquire a KinetiStack™ offer through the Microsoft Commercial Marketplace, the contract governing your use of that product is the one presented and accepted at acquisition time — the Microsoft Standard Contract for the Commercial Marketplace, together with any KinetiStack™ amendment or custom KinetiStack™ EULA published with the offer. You can review the applicable contract on the offer's Marketplace listing page before you acquire it.

If there is any conflict between these Terms and the EULA for a product, the EULA controls for that product.

5a. How KinetiStack™ earns revenue

So that visitors and customers can understand our business model, KinetiStack™ earns revenue through the following channels:

• Free Marketplace offers — solution templates published on the Microsoft Commercial Marketplace at no license charge. Customers pay Microsoft only for the Azure resources a template provisions; KinetiStack™ receives no direct payment for these offers.
• Paid Marketplace offers — paid plans (when available) are billed through the Microsoft Commercial Marketplace under the Microsoft Standard Contract or a custom KinetiStack™ EULA. Payments flow from the customer through Microsoft to KinetiStack™, net of Microsoft's marketplace fee.
• Professional services and support — custom engagements (such as migrations, data engineering, deployment assistance, and premium support) under a separately negotiated services agreement, invoiced directly by KinetiStack™.
• Future offerings — KinetiStack™ may introduce hosted or managed variants of its products; those will be governed by their own terms at launch.

We disclose pricing on each offer's listing page or quote document. We do not earn revenue from third-party advertising on the Site.

6. Third-party content and trademarks

The Site refers to and describes integrations with third-party products and services (for example, Microsoft Azure, Oracle, and Apache Software Foundation projects). All third-party names, logos, and trademarks are the property of their respective owners. Our use of those names does not imply endorsement by, or affiliation with, their owners beyond any relationship we expressly describe (for example, "Microsoft Commercial Marketplace publisher").

7. Disclaimer of warranties

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ACCURACY OF CONTENT.

We do not warrant that the Site will be uninterrupted, timely, error-free, or secure, or that it will be free of viruses or other harmful components. Any material you obtain through the Site is accessed at your own discretion and risk.

This Section 7 addresses only the Site. Warranties and disclaimers for KinetiStack™ products are addressed in the applicable EULA.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KINETISTACK™ LLC OR ITS MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KINETISTACK™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINETISTACK™'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD 100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In those jurisdictions, the exclusions and limitations in Sections 7 and 8 apply only to the extent permitted by law, and nothing in these Terms limits any liability that cannot be limited under applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless KinetiStack™ LLC and its members, officers, employees, and agents from and against any third-party claims, and any resulting damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees), arising out of or relating to: (a) your breach of these Terms; (b) your violation of any applicable law or any third-party right, including any intellectual-property right; or (c) content you submit to us. We will notify you of any such claim and may, at our option, participate in its defense with counsel of our choice; you may not settle any claim in a way that imposes any obligation on KinetiStack™ without our prior written consent.

10. Governing law and dispute resolution

These Terms, and any dispute arising out of or relating to these Terms or the Site, are governed by the laws of the State of Minnesota, without regard to its conflict-of-law principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state courts located in Steele County, Minnesota, or in the United States District Court for the District of Minnesota, and you and KinetiStack™ each consent to the personal jurisdiction of, and venue in, those courts. Each party waives any objection to those courts on grounds of inconvenient forum.

11. Changes to these Terms

We may modify these Terms at any time. When we do, we will revise the "Effective date" above, and for material changes we will provide reasonable advance notice — for example, a notice on the Site. Your continued use of the Site after the effective date of revised Terms constitutes your acceptance of them. If you do not agree to the revised Terms, you must stop using the Site.

12. General

Entire agreement. These Terms, together with the Privacy Policy and any notices we post on the Site, are the entire agreement between you and KinetiStack™ regarding the Site, and supersede any prior agreement on that subject.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later. A waiver is effective only if it is in writing and signed by KinetiStack™.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent, and any attempt to do so is void. KinetiStack™ may assign these Terms, in whole or in part, without restriction — for example, in connection with a merger, acquisition, financing, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

Survival. The provisions of these Terms that by their nature should survive termination or your discontinued use of the Site will survive, including Sections 2, 7, 8, 9, 10, and this Section 12.

Relationship of the parties. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and KinetiStack™.

No third-party beneficiaries. These Terms do not create any rights for any person who is not a party to them, except that the KinetiStack™ parties named in Sections 8 and 9 may rely on those Sections.

13. Accessibility

KinetiStack™ wants the Site to be usable by as many people as possible. If you have difficulty accessing any part of the Site, or have a suggestion for improving accessibility, please contact us at [email protected] and we will work with you to provide the information or feature you need through a reasonable alternative means.

14. Contact

Questions about these Terms:

Email: [email protected]