Kalistat – Terms and Conditions

These Terms and Conditions (“Terms”) govern your use of the Kalistat platform, website (Kalistat.com), and any associated services provided by Kalistat LLC (“Kalistat”, “we”, “us”, “our”). By accessing, registering, or using the platform, you (“User”) agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.

1. Definitions

• “Platform”: The Kalistat website, tools, databases, visualizations, educational materials, and associated services.
• “User”: Any individual or entity accessing the Platform, registered or unregistered.
• “Data”: Any datasets, metadata, statistical material, or information made available through Kalistat.
• “Subscription Plan”: Any paid tier granting access to restricted features, data, or functionalities.

2. Acceptance of Terms

By creating an account, subscribing, or using the Platform, the User expressly accepts:

• These Terms
• The Legal Disclaimer
• The Privacy Policy

These documents constitute the full legally binding agreement between the User and Kalistat.

3. Eligibility and Account Registration

Users must:

• Be at least 14 years old.
• Provide accurate and complete registration information.
• Maintain confidentiality of login credentials.
• Notify Kalistat immediately of unauthorized access.

Account credentials may not be shared, transferred, or sublicensed. Each account is strictly personal unless a multi-seat license is expressly authorized in writing.

4. License to Use the Platform

Kalistat grants the User a limited, revocable, non-exclusive, non-transferable license to:

• Access the Platform
• Use the Data solely for internal analysis and visualization creation

This license does not grant rights to:

• Redistribute raw data
• Reproduce Kalistat tools or infrastructure
• Provide services competing with Kalistat
• Sell or sublicense any outputs except as expressly allowed

All rights not expressly granted remain fully reserved.

5. Prohibited Use (Acceptable Use Policy)

Users may NOT:

• Scrape, extract, or harvest data via bots, crawlers, or automated tools.
• Attempt to reconstruct, reverse engineer, or replicate Kalistat databases or APIs.
• Circumvent access restrictions, authentication, or technical protections.
• Share, re-sell or re-publish raw data in any form.
• Use the Platform for unlawful, fraudulent, or harmful purposes.
• Interfere with Kalistat infrastructure (DDOS, rate overloads, exploit attempts).
• Publish visualizations or outputs without attributing Kalistat when required.

Violation of this clause may result in:

• Immediate account suspension
• Termination without refund
• Legal action, including damages and injunctive relief

6. Subscription Plans and Payment Terms

• All subscription fees are final and non-refundable under any circumstances.
• Subscriptions renew automatically unless cancelled before the renewal date.
• Prices may be updated at any time; Users will receive reasonable notice.
• If payment fails, Kalistat may suspend access until payment is resolved.
• Downgrades or upgrades take effect at the next billing cycle unless otherwise specified.

7. Service Availability and Modifications

Kalistat may:

• Modify or remove features
• Reorganize menus, tickers, dataflows
• Update or discontinue datasets
• Limit access for maintenance or security

Users acknowledge:

• The Platform is provided “as is”
• Data availability depends on third-party agencies
• No service-level guarantee (SLA) is provided

8. Intellectual Property

• All software, methods, interfaces, databases, and platform components belong exclusively to Kalistat.
• Kalistat-created charts, visuals, and editorial content remain Kalistat’s intellectual property.
• User-generated charts are owned by the User, but must cite Kalistat when publishing derived outputs.

Unauthorized use of Kalistat trademarks or brand assets is strictly prohibited.

9. Data Use and Restrictions

Users may:

• Perform internal research
• Create charts, tables, or reports

Users may NOT:

• Share raw data publicly or privately
• Re-upload or resell data
• Provide derivative works that enable data reconstruction
• Misrepresent Kalistat as the original producer of third-party data

Violation triggers immediate suspension and potential legal enforcement.

10. Account Suspension and Termination

Kalistat may suspend or terminate accounts:

• For breach of any Terms
• For misuse of data
• For fraudulent or harmful activity
• At its discretion, with or without cause

Users may terminate their account at any time; no refunds are issued for partial periods.

11. Disclaimer of Warranties

The Platform and Data are provided “as is” without warranties of any kind, express or implied. Kalistat disclaims:

• Accuracy, completeness, fitness for a purpose
• Availability or uptime guarantees
• Error-free operation
• Protection from third-party cyber incidents

12. Limitation of Liability

To the maximum extent permitted by law:

• Kalistat shall not be liable for any direct, indirect, incidental, special, or consequential damages.
• Aggregate liability shall not exceed the amount paid in the preceding 12 months.
• No employee, director, or officer shall be personally liable except in cases of willful misconduct.

13. Indemnification

Users agree to indemnify and hold harmless Kalistat from any claims arising from:

• Misuse of the Platform
• Violation of these Terms
• Data misuse or redistribution
• Regulatory, privacy, or IP breaches

14. Privacy and Data Protection

Kalistat processes personal data solely for account management and service provision, in compliance with:

• Swiss nFADP
• EU GDPR (where applicable)

Users may exercise rights by contacting info@kalistat.com .

15. International Use

Users accessing the Platform from abroad do so at their own risk and must comply with local laws.

16. Dispute Resolution and Arbitration

• These Terms are governed by Swiss law.
• Disputes shall be settled before competent courts of Switzerland.
• If unresolved, disputes may be submitted to binding arbitration under Swiss Rules, seated in Zurich, in English.

17. Changes to Terms

Kalistat may update these Terms at any time. Continued use after updates constitutes acceptance.

18. Severability

If any clause is found unenforceable, the remaining provisions remain valid.

19. Entire Agreement

These Terms, combined with the Legal Disclaimer and Privacy Policy, constitute the full agreement between the parties.