Terms of Service and Privacy Policy

Terms of Service

  1. Acceptance of Terms.
    1. Kontango, Inc. (“Kontango” or “we”) provides its Service (as defined below) to you through its web site located at https://www.kontango.com/tos (the “Platform”), subject to this Terms of Service agreement (“TOS”).  By accepting this TOS or by accessing or using the platform, you acknowledge that you have read, understood, and agree to be bound by this TOS.  If you are entering into this TOS on behalf of a Kontango, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.
    2. Kontango may change this TOS from time to time by providing thirty (30) days prior notice either by emailing the email address associated with your account or by posting a notice on the Site.  You can review the most current version of this TOS at any time https://www.kontango.com/tos.  The revised terms and conditions will become effective thirty (30) days after we post or send you notice of such changes, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions.  If any change to this TOS is not acceptable to you, your only remedy is stop using the platform and send a cancellation email tosupport@kontango.com.
    3. As part of the registration process, your email will be used as your username and you will set your password for your account (“Account”). 
  2. Description of Service. The “Platform” is designed to provide you with access to housing market data, including pricing, volume and day to day activity, commonly relied upon by commodity traders to make trading decisions (collectively referred to as the “Content”).  Any new features added to or augmenting the Service are also subject to this TOS.
  3. General Conditions/ Access and Use of the Service.
    1. Subject to the terms and conditions of this TOS, you may access and use the platform only for lawful purposes. All rights, title and interest in and to the platform and its components will remain with and belong exclusively to Kontango. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the platform or its components, or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. You shall comply with any codes of conduct, policies or other notices Kontango provides you or publishes in connection with the platform, and you shall promptly notify Kontango if you learn of a security breach related to the Service.
    2. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the platform (“Submissions”), provided by you to Kontango are non-confidential and Kontango will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you. You agree to cooperate with and provide reasonable assistance to Kontango in promoting and advertising the platform.
    3. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. Kontango reserves the right to access your account in order to respond to your requests for technical support. You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Service (“Your Content”). By posting Your Content on or through the Service, you hereby do and shall grant Kontango a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the platform. Kontango has the right, but not the obligation, to monitor the platform, Content, or Your Content. You further agree that Kontango may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
    4. Kontango maintains a comprehensive, written information security program that contains administrative, technical, and physical safeguards that are appropriate to (a) the size, scope and type of Kontango’s business; (b) the type of information contained in Your Content; and (c) the need for security and confidentiality of such information.
    5. You understand that the operation of the platform, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Kontango’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the platform. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Kontango will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
    6. The failure of Kontango to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and Kontango, even though it is electronic and is not physically signed by you and Kontango, and it governs your use of the platform.
    7. Subject to the terms hereof, Kontango may (but has no obligation to) provide technical support services, through email in accordance with our standard practice.
  4. Representations and Warranties. You represent and warrant to Kontango that (i) you have full power and authority to enter into this TOS; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow Kontango to perform its obligations) in connection with the platform without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service, and Kontango’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.
  5. Termination. You have the right to terminate your account at any time by sending a cancellation request to support@kontango.com. Subject to earlier termination as provided below, Kontango may terminate your Account and this TOS at any time by providing thirty (30) days prior notice to the administrative email address associated with your Account. In addition to any other remedies we may have, Kontango may also terminate this TOS upon thirty (30) days’ notice, if you breach any of the terms or conditions of this TOS. Kontango reserves the right to modify or discontinue, temporarily or permanently, the platform (or any part thereof). All of Your Content on the Service (if any) may be permanently deleted by Kontango upon any termination of your account in its sole discretion.
    1. FINANCIAL SERVICES DISCLAIMER. Nothing on or provided through the platform should be considered an offer, solicitation of an offer, or advice to buy or sell securities. Any projections or forecasts are hypothetical in nature and may not reflect actual future performance. You further understand that by using the platform, Kontango will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. If any of the information contained in or through the waitlist process is deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. You acknowledge that you are responsible for your own financial decisions. You understand and acknowledge that there is a very high degree of risk involved in trading securities. Factual statements provided through Kontango’s products or services, are made as of the date stated and are subject to change without notice. It should not be assumed that the methods, techniques, or indicators presented in these products or services will be profitable, or that they will not result in losses.
  6. DISCLAIMER OF WARRANTIES. The platform may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Kontango or by third-party providers, or because of other causes beyond our reasonable control. HOWEVER, THE platform, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND KONTANGO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT KONTANGO DOES NOT WARRANT THAT THE platform service WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM KONTANGO OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
  7. LIMITATION OF LIABILITY.
    1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL KONTANGO BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
    2. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, KONTANGO’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  8. U.S. Government Matters. You may not remove or export from the United States or allow the export or re-export of the Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the software and documentation installed by Kontango on your Equipment (if applicable) are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this TOS and will be prohibited except to the extent expressly permitted by the terms of this TOS
  9. Assignment. You may not assign this TOS without the prior written consent of Kontango, but Kontango may assign or transfer this TOS, in whole or in part, without restriction.
  10. Miscellaneous. If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. Both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind Kontango in any respect whatsoever. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
  11. Governing Law. This TOS shall be governed by the laws of the State of New York without regard to the principles of conflicts of law. Unless otherwise elected by Kontango in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of New York for the purpose of resolving any dispute relating to your access to or use of the Service.
  12. Privacy. Please visit https://www.kontango.com/privacy to understand how Kontango collects and uses personal information.

Privacy Policy

Last Updated: 2023-06-09

This Privacy Policy describes the privacy practices of Kontango, Inc. platform that links to this policy (collectively, “Kontango”, “we”, “us”, or “our”) and how we handle personal information that we collect through our application, website and any other sites or services that link to this Privacy Policy (collectively, the “Services”).

We provide additional information for residents of California below. This policy does not apply if you are based in the European Economic Area Switzerland, Switzerland or the United Kingdom.

Personal information we collect

Information you provide to us:

  • Contact and account information, such as your first and last name, email address, phone number, and mailing address, professional or employment-related information.
  • Organizational information, such as commercial data and any other information you choose to provide.
  • Feedback or correspondence, such as information you provide when you contact us with questions, feedback, product reviews, or otherwise correspond with us online.
  • Usage information, such as information about how you use the platform and interact with us, including information associated with any content you upload to the Services or otherwise submit to us, and information you provide when you use any interactive features of the Services.
  • Marketing information, such as your preferences for receiving communications about our activities and publications, and details about how you engage with our communications.
  • Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Information we obtain from third parties:

  • Other Sources. We may obtain your personal information from other third parties, such as marketing partners, publicly-available sources, lead generators and data providers.

Automatic data collection. We and our service providers may automatically log information about you, your computer or mobile device, and your interaction over time with our Services, our communications and other online services, such as:

  • Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 4G), and general location information such as city, state or geographic area.
  • Online activity data related to Kontango, such as pages or screens you viewed, how long you spent on a page or screen, browsing history, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access, and whether you have opened our marketing emails or clicked links within them.

We use the following tools for automatic data collection:

  • Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.
  • Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
  • Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

How we use your personal information

To operate our Services:

  • Provide, operate, maintain, secure and improve our offering.
  • Process transactions initiated by you and send you notices about your transactions and network activity.
  • Provide information for analysis, either by your organization or by Kontango.
  • Communicate with you about our platform, including by sending you announcements, updates, security alerts, and support and administrative messages.
  • Resolve disputes, collect fees, and troubleshoot problems.
  • Understand your needs and interests, and personalize your experience with our platform and our communications.
  • Verify your identity.
  • Respond to your requests, questions and feedback.

For research and development. To analyze and improve the platform and to develop new products and services, including by studying use of our platform.

Marketing and advertising. We and our advertising partners may collect and use your personal information for marketing and advertising purposes, including:

  • Direct marketing. We may from time-to-time send you direct marketing communications as permitted by law, including, but not limited to, notifying you of special promotions, offers and events via email and in-app notifications. You may opt out of our marketing communications as described in the “Opt out of marketing communications” section below.
  • To comply with law. As we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

For compliance, fraud prevention, and safety. To: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern our Services; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

To create anonymous data. To create anonymous data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve our Services and to promote the Services.

How we share your personal information

Affiliates. We may share your personal information with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Service providers. We may share your personal information with third party companies and individuals that provide services on our behalf or help us operate our platform (such as customer support, hosting, analytics, email delivery, marketing, identity verification, fraud detection, payment processing, and database management).

Advertising partners. We may share your personal information with third party advertising companies, including for the interest-based advertising purposes described above.

Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

For compliance, fraud prevention and safety. We may share your personal information for the compliance, fraud prevention and safety purposes described above.

Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution. In such a case, we will make reasonable efforts to require the recipient to honor this Privacy Policy.

Your choices

Opt out of marketing communications. You may opt out of receiving promotional emails from Kontango by following the instructions in those communications or by emailing support@kontango.com. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Online tracking opt-out. There are a number of ways to opt out of having your online activity and device data collected through our Services, which we have summarized below:

  • Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit allaboutcookies.org. Use the following links to learn more about how to control cookies and online tracking through your browser: Firefox; Chrome; Microsoft Edge; Safari
  • Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
  • Using privacy plug-ins or browsers. You can block our Services from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, DuckDuckGo, Ghostery or uBlock Origin, and configuring them to block third party cookies /trackers.
  • Platform opt-outs. The following advertising partners offer opt-out features that let you opt out of use of your information for interest-based advertising: Google; Bing
  • Advertising industry opt-out tools. You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies: Digital Advertising Alliance ; Network Advertising Initiative

Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Other sites, mobile applications and services

Our platform may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.

Security practices

We use reasonable organizational, technical and administrative measures designed to protect against unauthorized access, misuse, loss, disclosure, alteration and destruction of personal information we maintain. Unfortunately, data transmission over the Internet cannot be guaranteed as completely secure. Therefore, while we strive to protect your personal information, we cannot guarantee the security of personal information.

Children

Our platform is not intended for use by children under 13 years of age. If we learn that we have collected personal information through the platform from a child under 13 without the consent of the child’s parent or guardian as required by law, we will delete it.

International Users

By using our Services, you understand and acknowledge that your personal information will be transferred from your location to Kontango’s or Kontango’s service providers’ facilities and servers in the United States.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on our platform. We may also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through our Services. Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on our Services (or as otherwise indicated at the time of posting).

How to contact us

Please direct any questions or comments about this Policy or privacy practices to support@kontango.com You may also write to us via postal mail at: Kontango 39 New York Ave Apt. 305 Jersey City, NJ 07307

Additional information for California residents

This section applies only to California residents. For purposes of this section, “personal information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA.

Under the CCPA, this Notice to California Residents and the privacy practices and rights it describes do not apply to the information we collect, use or disclose about individuals who apply for or establish an account on Kontango. This is because this information is subject to the federal Gramm-Leach-Bliley Act (“GLBA”) and implementing regulations, or the California Financial Information Privacy Act (“CalFIPA”). The GLBA and/or CalFIPA governs the information of users who initiated the process of applying for our financial products or services.

Your California privacy rights. The CCPA grants individuals whose information is governed by the CCPA the following rights:

  • Information. You can request information about how we have collected and used your personal information during the past 12 months. We have made this information available to California residents without having to request it by including it in this Privacy Policy.
  • Access. You can request a copy of the personal information that we have collected about you during the past 12 months.
  • Deletion. You can ask us to delete the personal information that we have collected from you.
  • Opt out of sale of your personal information. We do not sell personal information. Like many businesses, we use services that display interest-based ads to users around the web. We offer instructions on how to limit online tracking in the “Online tracking opt out” section above.

You are entitled to exercise the rights described above free from discrimination.

Please note that the CCPA limits these rights by, for example, prohibiting us from providing certain sensitive information in response to an access request and limiting the circumstances in which we must comply with a deletion request. If we deny your request, we will communicate our decision to you.

How users in California can exercise their rights

You may exercise your California privacy rights described above as follows:

  • Right to information, access and deletion. You can request to exercise your information, access and deletion rights by:
    • Visiting http://www.kontango.com/ccpa/ to submit a CCPA request
    • Emailing support@kontango.com
    • Additional method to opt out of sale of personal information: In addition to submitting a request to us via the above-linked webform or emailing us at support@kontango.com, we offer instructions on how to limit online tracking in the “Online tracking opt-out” section above.
  • Identity verification. We will need to confirm your identity and California residency to process your requests to exercise your information, access or deletion rights. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
  • • Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf. We will require the authorized agent to have a written authorization confirming that authority.