1. Acceptance of these Terms
These Terms of Service (the “Terms”) govern access to and use of kanopySIS, including the kanopySIS web application, its public pages and forms, and this website (together, the “Service”), provided by OASIS Technologies LLC (“OASIS,” “we,” “us,” or “our”).
By accessing or using the Service you agree to these Terms. If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” refers to that organization as well as to you.
If your organization has signed a separate subscription agreement, order form or data protection agreement with OASIS, that agreement controls wherever it conflicts with these Terms.
2. Definitions
- “Customer” means the company that subscribes to the Service, such as a fitness company that operates clubs.
- “Authorized User” means an individual the Customer permits to use the Service, such as corporate staff, trainers, regional staff, club directors and coaches.
- “Customer Data” means all data and content submitted to the Service by or for the Customer or its Authorized Users, including information about its regions, clubs and people.
3. The Service
kanopySIS is a cloud-hosted people platform for companies that operate multiple clubs. It organizes a Customer's regions, clubs and people, and offers modules for hiring (job postings, public job boards and applications), onboarding and training (courses, quizzes, onboarding paths and certificates), staff profiles (profiles and a staff directory) and Social Next, a social network inside each company (corporate, regional and club news, a professional profile and a social page for each person, posts with pictures, comments, reactions, follows and notifications), along with in-app help, training videos and spreadsheet import. We may add, change or retire features over time. We will not materially reduce the core functionality of a paid subscription during its current term without notice to the Customer.
We use commercially reasonable efforts to keep the Service available, secure and backed up, but we do not guarantee uninterrupted or error-free operation. Scheduled maintenance and events outside our reasonable control may cause interruptions.
4. Accounts and access
- The Customer controls who receives an account and what each account may access, through the roles and club or region assignments in the Service.
- You must provide accurate information, keep your password confidential, and not share accounts. Each email address is one sign-in across the Service.
- You are responsible for activity that occurs under your account. Tell your company's administrator, and us, promptly if you suspect unauthorized access.
- We may require additional verification to protect your account or sensitive actions.
5. Customer Data
The Customer owns its Customer Data. The Customer grants OASIS a limited license to host, process, transmit and display Customer Data only as needed to provide, secure, support and improve the Service for that Customer, and as the Customer directs.
The Customer is responsible for the accuracy and lawfulness of Customer Data, for having the notices and consents required to submit it (including for information about its employees and job applicants), and for its own compliance with the laws that apply to it, such as employment and privacy laws.
We do not sell Customer Data. How we handle personal information is described in our Privacy Statement.
When a subscription ends, the Customer may request an export of its Customer Data within 60 days, after which we may delete it from active systems in the ordinary course, subject to backup cycles and legal retention obligations.
6. Job postings and content people share
Job postings. When a Customer opens a job, the posting (and the logo, careers introduction and banner pictures and text the Customer adds) is published publicly on that Customer's own careers page (kanopysis.com/jobs/ followed by its web name) and its clubs' job pages, never listed together with other Customers' postings, and is marked up so search engines can list it. The Customer is responsible for its postings and its hiring decisions, including that they are accurate and comply with employment, equal-opportunity and pay-transparency laws. The Service includes starting application forms the Customer may use, change or archive; the Customer chooses which questions its applicants are asked and is responsible for them, as for any form it builds. Applicants send their applications to the hiring Customer, not to OASIS.
Profiles, posts and files. Authorized Users are responsible for what they put on their profiles, post (on their own page, a colleague's page or the company feed), comment, share, or upload. It must be lawful, respectful, and theirs to share. The Customer may remove content in its workspace (its Corporate Staff can delete any post or comment, and people can delete what others write on their own page), and we may remove content that violates these Terms.
7. Acceptable use
You agree not to, and not to allow anyone else to:
- access data or accounts you are not authorized to access, or try to get around security, permission or rate-limit controls;
- probe, scan or test the vulnerability of the Service without our prior written permission;
- upload malware, or interfere with or disrupt the Service or its infrastructure;
- use the Service to send spam or unlawful communications, or to harass, defame or discriminate against anyone, including job applicants;
- use the Service in violation of any law, including privacy, employment, consumer-protection and export laws; or
- copy, reverse engineer, resell or build a competing product from the Service, except as the law expressly permits.
8. Third-party services
The Service may connect to services the Customer chooses to enable. Your use of those services is governed by their own terms. OASIS is not responsible for third-party services, and enabling an integration authorizes us to exchange the relevant Customer Data with that service.
9. Early access
kanopySIS is currently offered as an early-access service, and individual modules may be labeled “Coming soon,” preview or similar. Early-access features are provided “as is,” may change or be discontinued, and may contain defects. We recommend keeping your existing systems of record in place until you have validated the features you rely on.
10. Fees and payment
Fees, billing periods and payment terms are set out in the Customer's order form or subscription agreement. Unless that agreement says otherwise, fees are payable in U.S. dollars, are non-refundable, and exclude taxes. We may suspend access for accounts that are materially past due after giving notice.
11. Intellectual property
OASIS and its licensors own the Service, including its software, design, documentation and the kanopySIS and OASIS names and logos. Subject to these Terms, we grant the Customer and its Authorized Users a non-exclusive, non-transferable right to use the Service during the subscription term for the Customer's internal business purposes.
If you send us suggestions or feedback, we may use them without obligation to you.
12. Confidentiality
Each party will protect the other's non-public information with at least reasonable care, use it only for purposes of the relationship, and disclose it only to people who need to know it and are bound by similar obligations, or where the law requires.
13. Suspension and termination
We may suspend access to the Service, in whole or in part, where reasonably necessary to prevent harm to the Service, to other customers or to individuals, or to comply with law. Where practical we will give notice first and restore access once the issue is resolved.
Either party may terminate as provided in the Customer's agreement, or, if there is none, on 30 days' written notice. Sections that by their nature should survive termination (including Customer Data export, intellectual property, confidentiality, disclaimers, limitation of liability and indemnification) will survive.
14. Disclaimer of warranties
Except as expressly stated in these Terms or in a signed agreement, the Service is provided “as is” and “as available.” To the fullest extent permitted by law, OASIS disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement.
15. Limitation of liability
To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of the possibility. Each party's total liability arising out of or relating to the Service will not exceed the fees paid or payable by the Customer to OASIS in the twelve months before the event giving rise to the claim.
These limits do not apply to a party's indemnification obligations, to breach of confidentiality, or to liability that cannot be limited by law.
16. Indemnification
The Customer will defend and indemnify OASIS against third-party claims arising from Customer Data or from the Customer's or its Authorized Users' use of the Service in violation of these Terms. OASIS will defend and indemnify the Customer against third-party claims that the Service, as provided by OASIS, infringes that third party's intellectual property rights.
17. Governing law and disputes
These Terms are governed by the laws of the state in which OASIS Technologies LLC has its principal place of business, without regard to conflict-of-laws rules, unless the Customer's agreement specifies otherwise. The parties will first try in good faith to resolve any dispute informally before starting formal proceedings.
18. Changes to these Terms
We may update these Terms from time to time, including as we add modules to the Service. The “Last updated” date at the top shows when they last changed. For material changes we will give reasonable advance notice through the Service or by email to the Customer's administrative contact. Continuing to use the Service after changes take effect means you accept them.
19. General
These Terms, together with any signed agreement and our Privacy Statement, are the entire agreement about the Service. If a provision is found unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver. Neither party may assign these Terms without the other's consent, except to a successor in a merger or sale of substantially all related assets. Neither party is liable for delays caused by events beyond its reasonable control.
20. Contact us
OASIS Technologies LLC · kanopySIS
Email: lucian@iplexone.com
Web: kanopysis.com