Terms of Service

Revised and effective as of December 16, 2024

These Terms of Service (“TOS”) expressly include the following terms Privacy Policy, Acceptable Use Policy, and Service Level Agreement. These TOS apply to the services (“Services”) that Kyndryl, Inc. or its affiliates located in your country (“Kyndryl”) provides to you (the “Customer”), and together with any order forms or other agreements in writing between Kyndryl and you, are collectively referred to as the “Agreement.” For a list of Kyndryl affiliates, please see https://www.kyndryl.com/us/en/about-us/locations . The terms “you,” “your,” and “yours,” refer to Customer, the account administrator, any authorized individual or an entity using the Services. If you are accepting these TOS on behalf of an entity, you represent and warrant that you have the authority to do so. You agree that Kyndryl may change these TOS as reasonably required and that your continued use of the Services after such a change is considered acceptance of any such changes. Do not access or use the Services if you are unwilling or unable to be bound by the TOS.

1) Account Registration.

You must register for and maintain an account with Kyndryl to use the Services. Your Customer account registration requirements include:

responsibility to provide and maintain accurate and complete account information, which must be current and updated,
responsibility for all activities that occur through your account,
responsibility to maintain secure user identification and passwords, including individualized user logins and IDs, which cannot be shared between users,
responsibility to promptly notify Kyndryl of any unauthorized use of a user account or any other breach of security, and
in the event of actual or suspected unauthorized use of the Services by anyone obtaining access through your account(s), you will, take all reasonable steps necessary to cease the unauthorized access.

Further, in the event of actual or suspected unauthorized use, Kyndryl may suspend the account, your access to, and use of the Services. You will cooperate and assist with any actions taken by Kyndryl to prevent or terminate unauthorized use of the Services. Kyndryl, in its sole discretion, may re-instate your access to the Services if it determines that the actual or suspected unauthorized use was not due to your breach of the Agreement or if you have cured your breach of the Agreement. Kyndryl may also credit your account for suspended access to the Services for reasons other than a breach of the Agreement by you.

2) Right to Access and Use the Services.

Subject to the terms of this Agreement, Kyndryl grants you a limited, personal, non- exclusive, non-transferable, non-sublicensable right to access and use the Services during the term of this Agreement. The right to access and use the Services granted by this section extends to any of your agents and contractors, provided you (a) ensure their compliance with the TOS and any applicable Agreement terms, and (b) will be liable and responsible for any violations of the TOS and/or Agreement by those parties. You may also transfer this license to your own customers as part of a bundled product or service offering, provided that you: (a) ensure compliance by customers with the terms of this TOS, and (b) will be liable and responsible for any violations of the TOS by your customers as if those violations were committed by you, and (c) remain responsible for payment of all fees due to Kyndryl, regardless of whether or not you have collected any fees from your customers.

3) Restrictions.

You must comply with all applicable laws, including privacy laws, when using the Service; for the avoidance of doubt, you will be responsible for notifying parties that telephone calls are being recorded, to the extent required. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to:

(i) except as permitted in Section 2 above and subject at all times to the terms of this TOS, make any Service available to anyone other than your employees, agents or contractors, or use the Services for the benefit of anyone other than you,

(ii) except as permitted in Section 2 above and subject at all times to the terms of this TOS, sell, resell, license, sublicense, distribute, make available, rent or lease the Services,

(iii) use the Services in violation of law or third-party privacy rights,

(iv) interfere with or disrupt the integrity or performance of the Services,

(v) attempt to gain unauthorized access to the Services or its related systems or networks,

(vi) permit direct or indirect access to or use of the Services in a way that circumvents a contractual usage limit,

(vii) modify, copy, or create derivative works based on the Services or any part, feature, function or user interface thereof, or

(vii) disassemble, reverse engineer, or decompile the Services, or access them to (1) build a competitive product or service, (2) build a product or service using similar ideas, features, functions or graphics of the Services, (3) copy any ideas, features, functions or graphics of the Service or (4) determine whether the Services are within the scope of any patent, in each case except as permitted under applicable law.

4) Fees, Invoices and Payment.

a. All fees related to your use of Services will be as set forth in the applicable Agreement(s) and order form(s) and unless otherwise stated, are non-cancellable and non-refundable.

b. You will be responsible for and shall pay all Taxes imposed on or with respect to the Services whether such Taxes are imposed directly upon you or upon us. “Taxes” mean all applicable federal, state and local taxes, fees, charges, or other similar exactions, including, without limitation, sales and use taxes, excise taxes, VAT, GST, or other license or business and occupations taxes.

c. Any payment not received when due may accrue interest at a rate of the lesser of 2% per month or the maximum amount allowed by law. In the event of past due amounts, you will be liable for all costs of collection, including attorneys’ fees. Kyndryl may, as a result of late payment, among other remedies available to it, discontinue access to the Services. If applicable, you will provide written instructions to us of any requirements for the issuance and submission of invoices through any electronic procurement tool.

5) Intellectual Property Rights; Feedback and Information Collection; Digital Millennium Copyright Act Process.

a. Except for the rights to access and use the Services expressly granted to you by this Agreement, Kyndryl retains all right, title, and interest in and to the Services, including any enhancements and modifications thereto and including all related intellectual property. The Services are protected by applicable intellectual property laws in the U.S. and internationally. No grant or transfer of any right, title or interest to you is implied. Notwithstanding anything to the contrary, upon termination or expiration of this Agreement, all rights and licenses granted to you under this Agreement will terminate.

b. All of your data, materials and associated intellectual property rights that you provide to Kyndryl by yourself or on your behalf while using the Services, remain your property (the “Your Content”). You represent, warrant, and covenant that all of Your Content and its provision to Kyndryl is compliant with all applicable laws, rules and regulations, and you own all rights, title and interest in and to Your Content, or have otherwise secured all necessary rights in Your Content for its use. During your use of the Services, you grant to us, our agents, consultants and subcontractors, a royalty-free and nonexclusive, right and license to use Your Content, solely to the extent required for fulfilling our duties and obligations to you under this Agreement or as otherwise described in the Privacy Policy. Except as expressly provided for in this section, we will not acquire any right, title or interest in Your Content, and no right, title or interest will be implied. Unless otherwise agreed in writing, the rights and licenses granted to Kyndryl will cease upon termination of the Services.

c. If you provide feedback to Kyndryl regarding the Services (“Feedback”), Kyndryl can freely use the Feedback to improve its operations, products and services. Accordingly, you hereby grant to us a non-exclusive, fully paid, royalty-free, perpetual and irrevocable license to use the Feedback in any manner and for any purpose.

d. Kyndryl may collect registration and other information about your use of the Services. Kyndryl may use this information in an aggregate and anonymous manner for internal business purposes such as improving Kyndryl’s products and services, provided that Kyndryl will not sell or otherwise provide this information to any third party, except as expressly described in the Privacy Policy. This information will also not incorporate Your Content or infringe upon the rights of a Data Subject, as defined in the Privacy Policy. Kyndryl retains all intellectual property rights in such information.

e. Kyndryl’s Services are not intended to be the sole storage repository for Your Content. You are wholly responsible for adequate backup of Your Content. You understand and agree that Kyndryl will have no liability for any loss or corruption of Your Content.

f. Digital Millennium Copyright Act Notification Process. If you believe that your work has been used on or directly related to skytap.com (the “Site”) in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Kyndryl at dmca@kyndryl.com.

You must provide all of the following in writing: identify the copyrighted work that you claim has been infringed (or if multiple copyrighted works, then a representative list of such works); identify the content on or directly related to the Site that you claim is infringing with enough detail so that Kyndryl may locate it; your statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; your statement declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; information reasonably sufficient to permit Kyndryl to contact you, i.e., address, telephone number, and email address; and your physical or electronic signature. On receiving your above notice, Kyndryl will take action(s) that it determines in its sole discretion are appropriate, including removal of the disputed use from the Sites.

6) Third Party Software Applications

At your election, the Services may enable you to upload, purchase and use third party software applications or may facilitate the use of third-party applications. Kyndryl exercises no control over the third-party software applications, and we are not responsible for their performance. Your purchase or use of such applications will be governed by the terms and conditions of such third parties, and you may therefore be asked to accept terms and conditions at the time of purchase and/or access to them. Kyndryl will not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any third-party software or applications. You are responsible for all fees charged by third parties to access the Services or for other services you require to use the Services. You are responsible for obtaining all software application licenses necessary for you to install them on or to use them in conjunction with the Services. If Kyndryl believes that you do not have the necessary rights to use any software applications that you have installed on or are using in conjunction with the Services, Kyndryl may suspend or terminate your access to the Services.

7) Services Availability and Modifications.

You are responsible for providing all equipment to access the Services. Kyndryl reserves the right to modify all or a part of the Services, with or without notice to you. For example, Kyndryl may add or remove functionality or features. Kyndryl will not be liable to you or to any third party for any such actions, except that if Kyndryl permanently discontinues the Services Kyndryl will provide you, as your sole and exclusive remedy, and our sole and exclusive liability, a prorated refund representing the unused portion of any fees that you have paid in advance.

Your use of Services includes data transfers aggregated across your environments in Skytap. Kyndryl reserves the right to limit excessive bandwidth usage when your aggregate data transfer rates into or out of your account exceed 100 megabits/second.

8) Confidential Information.

a. During the term of this Agreement, either Party (for purposes of this section, the “Disclosing Party”) may disclose or cause to be disclosed, to the other Party (for purposes of this section, the “Receiving Party”) certain confidential information (“Confidential Information”). Confidential Information includes, but is not limited to, information or materials related to the Disclosing Party’s or related parties’ respective business affairs and/or procedures, designs, programs, flowcharts, and documentation relating to information technology, whether or not owned by Disclosing Party or any of its related parties, and all documents and information supplied by Disclosing Party marked confidential or which by the nature or type of information or manner of disclosure would reasonably indicate the proprietary or confidential nature thereof, including, information related to the Services provided hereunder. Receiving Party agrees to use Confidential Information solely in connection with the Services or as otherwise permitted under this Agreement and not to disclose such Confidential Information to any third party, or make commercial use of such Confidential Information, except as permitted hereunder or as expressly consented to in advance in writing by Disclosing Party in its sole discretion, which consent may be withheld. Except as expressly permitted hereunder, Receiving Party will disclose the Confidential Information only to its employees and permitted contractors, agents and representatives who have reason to know such Confidential Information in the performance of the Services hereunder and who are bound by obligations of confidentiality no less protective of Disclosing Party’s rights than provided under this section.

b. Confidential Information does not include information which (i) is or becomes publicly known through no wrongful act of the Receiving Party, (ii) was in Receiving Party’s possession or known by it prior to receipt from the Disclosing Party, (iii) is rightfully received by Receiving Party from a third party who is authorized to make such disclosure, or (iv) is independently developed by Receiving Party without reliance upon any of Disclosing Party’s Confidential Information.

c. Disclosing Party will have the right to request at any time and from time to time during the term of this Agreement, the return and/or destruction of Confidential Information and all copies, written descriptions or notes relating thereto. Receiving Party will as soon as practical following such request provide Disclosing Party with a certification that the Confidential Information has been returned and/or destroyed pursuant to Disclosing Party’s request.

d. In the event that Receiving Party is subject to a court order, an order of a governmental or regulatory authority, or a similar process (a “Summons”) compelling disclosure or transfer of any Confidential Information, Receiving Party may disclose Confidential Information to the extent required by such Summons, provided that (i) Receiving Party immediately notifies Disclosing Party if legally permissible, so that Disclosing Party may seek a protective order, (ii) Receiving Party reasonably cooperates with Disclosing Party (at Disclosing Party’s expense) in seeking such protective order, (iii) if Disclosing Party cannot obtain a protective order, Receiving Party discloses only those portions of Confidential Information that in the reasonable opinion of its legal counsel are required to be disclosed, and (iv) all such Confidential Information required to be disclosed will remain subject to the obligations in this Agreement.

e. Kyndryl will not be restricted in any way from providing any services or developing works that are functionally comparable to or compete with any Customer products or services, and Kyndryl shall not be restricted in its use of ideas, concepts, know-how and techniques acquired or learned in the course of activities hereunder, or retained in the unaided memories of Kyndryl personnel, provided Kyndryl does not intentionally breach any confidentiality obligation to Customer in this Section 8.

9) Representations, Warranties and Covenants.

a. Each party warrants and represents that it has the requisite power and authority to enter and perform its obligations under this Agreement.

b. Each party further warrants and represents that it will comply with all applicable laws and regulations in performing its obligations governed by this Agreement.

c. Kyndryl warrants that the Services will, during the term of your use of Services, materially conform to the description of the Services published by Kyndryl in writing. For breach of the express warranty set forth above, your exclusive remedy will be the re-performance of deficient Services, which will be Kyndryl’s entire liability.

d. You represent and warrant that: (a) you will not upload or request that Kyndryl import any information or data to the Service unless you have all permissions or licenses necessary to do so and to authorize Kyndryl’s use of that information in accordance with this Agreement; and (b) your use of the Service will not subject Kyndryl to any liability or cause Kyndryl to violate any law, rule, or regulation or guideline.

e. You represent, subject to your rights as a licensee of software under applicable legislation deriving from EU Directive 2009/24/EC (if applicable), that you will comply in all respects with the Acceptable Use Policy, located at: https://www.skytap.com/terms/acceptable-use-policy/ (“AUP”).

10) Data Protection.

This Agreement is subject to the Privacy Policy at https://www.skytap.com/terms/privacy-policy/.

11) Disclaimer of Warranties.

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, KYNDRYL AND ITS THIRD-PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND QUALITY. KYNDRYL AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KYNDRYL AND ITS THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE, OR (B) THE QUALITY OF THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT NEITHER KYNDRYL NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. KYNDRYL IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY KYNDRYL, THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.

12) Limitation of Liability.

NEITHER PARTY WILL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOST PROFITS, REVENUES, BUSINESS INTERRUPTION OR LOSS OR CORRUPTION OF DATA OR BUSINESS INFORMATION, EVEN IF THE PARTY KNEW THAT SUCH DAMAGES WERE POSSIBLE. EACH PARTY’S LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS CONTRACTUAL, NON-CONTRACTUAL OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY YOU TO KYNDRYL DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE LIABILITY AROSE. UNLESS OTHERWISE STATED, EACH PARTY DOES NOT LIMIT OR EXCLUDE ITS LIABILITY WITH RESPECT TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13) Indemnification.

a. Mutual Defense and Indemnification. Each Party (“Indemnifying Party”) will defend and indemnify the other Party and its respective directors, officers, employees, and representatives (each an “Indemnified Party”) from and against all third party claims, liabilities, damages, losses and expenses (“Claims”) to the extent arising directly out of such Indemnifying Party’s (i) violation of any third parties’ intellectual property rights related to providing or using the Services or (ii) violation of applicable law or regulation related to this Agreement. An Indemnifying Party is responsible under this Section 13(a) for the conduct of its employees or agents acting within the scope of their duties in connection with this Agreement. The foregoing right to defense and indemnification shall not apply to any Claims against you that would not have occurred but for your (v) modification of the Services; (vi) combination of the Services with any service, Content, third party software applications, or other technology product not provided by Kyndryl; or (vii) your failure to comply with the terms of this Agreement.

b. Indemnification Procedures. The Indemnified Party will (i) promptly give written notice of the claim to the Indemnifying Party, (ii) give the Indemnifying Party sole control of the defense and settlement of the Claim (provided that the Indemnifying Party may not settle or defend any claim unless it unconditionally releases the Indemnified Party of all liability), and (iii) provide to the Indemnifying Party all reasonable assistance, at the Indemnifying Party’s cost.

c. If Kyndryl receives information about any Claim of infringement or misappropriation claim related to the Services, Kyndryl may in its discretion and at no cost to you (i) modify or replace the Services so that they are no longer claimed to infringe or misappropriate, without breaching our warranties under this Agreement, (ii) obtain a license for your continued use of that Service in accordance with this Agreement, or (iii) terminate the affected Service upon 30 days’ written notice and refund you any prepaid fees, unearned fees as of the effective date of termination.

d. This Section 13 states the Indemnifying Party’s sole liability to, and the Indemnified Party’s exclusive remedy against, the other party for any type of claim described in this Section 13.

14) Term and Termination.

a. Initial Term; Renewal Terms. This Agreement will commence when you accept this Agreement and will continue to apply to all orders signed by both Parties. The initial term and any renewal terms for Services will be specified in the applicable order. This Agreement will remain in effect with respect to any orders entered into hereunder and will terminate upon the earlier of the following: (i) all Services specified in such orders have been performed or validly terminated in accordance with this Agreement, or (ii) mutual written agreement by both Kyndryl and you.

b. Termination for Cause. Either party may terminate this Agreement for cause, as follows:

i. for the other party’s failure to materially comply with the terms of this Agreement or an order, provided such breach, if capable of being cured, is not cured within ten (10) days after written notice is provided to the other party; or

ii. in the event the other party becomes or is declared insolvent or bankrupt, is the subject of any proceedings relating to its liquidation, insolvency, or for the appointment of a receiver or similar officer for it, makes an assignment for the benefit of all or substantially all its creditors or enters into an agreement for extension or readjustment of all or substantially all its obligations.

c. Upon termination of Services, all payment liabilities described in any order accrued prior to the effective date of the termination will survive. The following sections will also survive termination of this Agreement: 3, 4, 7, 8, 10 through You are solely responsible for removing Your Content from the Services prior to any termination. Kyndryl is not obligated to retain Your Content following termination.

d. Transition Assistance. If you desire to export Your Content from the Services, you must do so prior to the expiration or termination of the Agreement or the Services. Kyndryl will not be obligated to retain your information, material or data following any termination. Should you desire Kyndryl’s additional cooperation, assistance and services after expiration or termination of the Agreement or the Services (“Transition Assistance”), the parties will negotiate and establish a mutually acceptable written plan and pricing for the Transition Assistance.

e. In any country where any current or future government regulation or requirement applies to Kyndryl and presents a hardship for Kyndryl to operate the Services without change, and/or causes Kyndryl to believe this Agreement or the Services may conflict with any such regulation or requirement, Kyndryl may change the Services or terminate this Agreement. If Kyndryl uses this subsection of this Agreement to materially adversely change the Services, then you may terminate this Agreement without penalty.

15) Relationship of Parties.

You and Kyndryl are independent contractors without authority to bind each other or to make any representations on behalf of the other party. You and Kyndryl will not be deemed to be partners or co-venturers.

16) Force Majeure.

Neither you nor Kyndryl will be liable for any delay or failure to perform any obligation under this Agreement if the delay or failure is due to circumstances beyond such party’s reasonable control, without limitation, mechanical, electronic or communications failure or degradation. The affected party will notify the other party of such event and resume performance as soon as reasonably practicable.

17) Notices.

You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the skytap.com or kyndryl.com website or through your primary administrator’s Kyndryl account. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Kyndryl intended for receipt by you will be deemed delivered and effective when sent to the primary administrator’s email address provided to us. Address for deliveries: contractnotices@kyndryl.com

18) Governing Law; Jurisdiction and Venue.

For US-based Customers, this Agreement is governed by the laws of the State of New York. For non-US-based Customers, this Agreement is governed by the laws of the country in which Customer resides unless otherwise mutually agreed upon by the parties. The parties acknowledge that this Agreement was drafted under the laws of New York. For purposes of adopting its terms for contracting between the local parties, the mandatory provisions required by local law of contracts between local entities will be deemed to apply, but only as and to the extent required by law.

19) Trade Compliance.

The Services are subject to U.S. export jurisdiction. You must comply with all applicable laws, including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and end-user, end-use and destination restrictions issued by U.S. and other governments.

20) Waiver.

The waiver by either party of any breach of any provision does not waive any other breach. The failure of any party to insist on strict performance of any covenant or obligation in accordance with this Agreement will not be a waiver of that party’s right to demand strict compliance in the future.

21) No Third-Party Beneficiaries.

Nothing in this Agreement will be deemed or construed to create any third-party beneficiaries or otherwise give any third party any claim or right of action against Kyndryl or you.

22) Severability.

If any part of this Agreement is found to be illegal, unenforceable or invalid, the remaining portions of this Agreement will remain in full force and effect. If any material limitation or restriction on the use of the Services under this Agreement is found to be illegal, unenforceable or invalid, your right to use the Services will immediately terminate.

23) Assignability.

Neither party may assign the Agreement, in whole or in part, without the prior written consent of the other. Kyndryl may assign rights to receive payments. Kyndryl will remain responsible to perform its obligations. Assignment by Kyndryl in conjunction with the sale of the portion of Kyndryl’s business that includes a Service is not restricted. Kyndryl may share this Agreement and related documents in conjunction with any assignment.

24) Subcontractors.

Kyndryl may utilize one or more subcontractors or other third parties to perform its duties under this Agreement so long as Kyndryl remains responsible for all of its obligations under this Agreement.

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SRM_B	1 year	Bing.com
SRM_I	1 year	Bing.com
u	2 months	Collects data on user visits to the website, such as what pages have been accessed. The registered data is used to categorize the user's interest and demographic profiles in terms of resales for targeted marketing
uid	1 year	This cookie is used to measure the number and behavior of the visitors to the website anonymously. The data includes the number of visits, average duration of the visit on the website, pages visited, etc. for the purpose of better understanding user preferences for targeted advertisments.
UserMatchHistory	1 month	This cookie is place by Linkedin to enable ad delivery or retargeting.
VISITOR_INFO1_LIVE	5 months	This cookie is set by Youtube. Used to track the information of the embedded YouTube videos on a website.
yt-remote-connected-devices	never	YouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
yt-remote-device-id	never	YouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
yt.innertube::nextId	never	This cookie, set by YouTube, registers a unique ID to store data on what videos from YouTube the user has seen.
yt.innertube::requests	never	This cookie, set by YouTube, registers a unique ID to store data on what videos from YouTube the user has seen.

Terms of Service

Terms of Service

1) Account Registration.

2) Right to Access and Use the Services.

3) Restrictions.

4) Fees, Invoices and Payment.

5) Intellectual Property Rights; Feedback and Information Collection; Digital Millennium Copyright Act Process.

6) Third Party Software Applications

7) Services Availability and Modifications.

8) Confidential Information.

9) Representations, Warranties and Covenants.

10) Data Protection.

11) Disclaimer of Warranties.

12) Limitation of Liability.

13) Indemnification.

14) Term and Termination.

15) Relationship of Parties.

16) Force Majeure.

17) Notices.

18) Governing Law; Jurisdiction and Venue.

19) Trade Compliance.

20) Waiver.

21) No Third-Party Beneficiaries.

22) Severability.

23) Assignability.

24) Subcontractors.

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