Terms of Use - Roast

Terms of Use

Introduction

This document contains the Terms of Use for the building occupant comfort Survey web application branded “Roast” provided by KT Innovations (KTI).

By using any part of Roast’s software, you acknowledge that you have read, understood, and agreed to these Terms of Use. If you do not agree to or cannot comply with all the Terms of Use, you will be denied access to Roast and will have no authority to use Roast. Agreeing to these Terms of Use on behalf of an organization is contingent upon your authority to do so.

Definitions

  1. User

    An individual that holds an account with Roast as either an Owner, Administrator, Participant, or any combination of the three.

  2. Owner

    An individual or entity that is a customer of KTI and has purchased a subscription to Roast.

  3. Administrator

    An individual designated by an Owner as having permission to create and send Surveys as well as view results.

  4. Participant

    An individual invited to participate in a Roast Survey.

  5. Project

    A set of data meant to represent a single building or site. A Project has a single Owner, and can have many Administrators, Participants, Surveys, and floorplans associated with it.

  6. Survey

    A set of questions and response data sent out by an Owner or Administrator to a group of Users. Each Survey will always belong to a single Owner and be part of a single Project. Response data for a Survey includes location information, outfit information, and responses to multiple choice questions.

Fees and Payments

An individual or company purchasing a Roast account becomes an Owner and agrees to pay KTI a subscription free for the use of Roast as stated in the pricing agreement communicated via invoice at the time of purchase. All billing is managed via invoice, and payment can be rendered to KTI via check or electronic bank transfer. All fees paid are non-refundable.

Privacy

Privacy Policy Summary

KTI understands the importance of User privacy, and any information generated via Roast is used solely for the purpose of software development. KTI does not sell or transfer User information to any third party other than vendors providing services related to Roast’s core functionality. KTI does not share User data unless granted explicit permission or if required for legal compliance. Complete details can be found in the Privacy Policy.

Owner, Administrator, and Participant information is considered confidential but will not be considered confidential if it becomes public through means other than by violation of these Terms, or if it is publicly disclosed prior to Roast access.

User information is stored in accordance with industry security practices. Requests for more information on Roast’s security practices can be submitted via the Contact Us page on the Roast website.

Data

The data generated via Roast is the property of its respective Roast account Owner. KTI makes no claim to any User-generated data.

Roast IP

Owners may use the Roast trademark to communicate Survey details including but not limited to: survey proposals, Survey results, or announcements to potential Participants and Administrators. Users or Owners are granted only the rights defined in these Terms and are in no way granted ownership of the software.

User Information

  1. Owners

    Owners are responsible for all information they generate or upload to Roast including but not limited to: floorplans, Administrator or Participant email addresses, and Survey responses. Owners are responsible for confirming they have all requisite rights and permissions to generate, access, and use the data associated with their Projects and Surveys. Roast is not responsible for what Owners do with Roast or how they share their data.

  2. Administrators

    Administrators are responsible for all information they generate or upload to Roast including but not limited to: floorplans, Administrator or Participant email addresses, and Survey responses. Administrators are responsible for confirming they have all requisite rights and permissions to generate, access, and use the data associated with their Projects and Surveys. Roast is not responsible for what Administrators do with Roast or how they share their data.

  3. Participants

    Participants are responsible for all information they generate or upload to Roast. All Participant Survey responses are given to the Owner and become the Owner’s responsibility.

Account Management

  1. Password

    KTI is concerned with account security. Passwords are cryptographically hashed, so unencrypted versions of User passwords are never stored or accessed by KTI. To keep their accounts secure, Users are also responsible for maintaining the security of their account passwords. Users are responsible for any activity occurring within their accounts, and they should report unauthorized account access to KTI as soon as it is discovered via the Contact Us page on the Roast website.

  2. Owner Accounts

    Owner accounts can only be accessed by the Owner or by members or employees of the company, organization, or institution that purchased the Roast subscription. If a member or employee will access the Owner account, that individual must have the requisite rights and authority to view any personal User data shared with Owners, and that individual must also be in full agreement with these Terms and our Privacy Policy.

  3. Educational Access

    Non-commercial, educational access is provided free of charge for non-funded research or as an integrated component of a class, studio, seminar, or similar activity occurring within an educational institution. Educational access is provided solely at KTI’s discretion. Information confirming the validity of the educational institution or use may be requested. Those seeking educational access should submit a request via the Contact Us page on the Roast website.

  4. Email

    The email address used to register a Roast account is the only method KTI uses to communicate account updates and password recovery. As such, the email address should be active and maintained. Users are responsible for ensuring this information is accurate.

    In the event that a User wishes to change the email address associated with their account, they will need to follow one of the described procedures depending on their User type. Owners will need to contact KTI directly, using the Contact Us page. Administrators and Participants will need to contact one of the Owners or Administrators in control of the Survey they are participating in and ask for a new account to be created under the new email.

  5. Data Storage and Account Inactivity
    1. Owners

      All Owner account data, such as first and last name, email, and outfit data, as well as the data associated with Projects belonging to the Owner, such as floorplans and response data, is stored for the entirety of their subscription period. Following account expiration, this data is archived on Roast servers for a period of 6 months. During this 6-month expiration grace period, Owners can’t access this data, but it will be restored once the subscription is renewed. Following the 6-month expiration grace period, this data is deleted from Roast servers and is no longer accessible even after subscription renewal.

    2. Administrators

      Account data for Administrators, such as their first and last name, email, and outfit data, is held on the Roast database as long as they remain an active User on Roast. Account information is deleted after 6 months of inactivity, or upon the Administrator’s request.

      Administrators’ Survey response data is retained at the discretion of the Owner, under the rules outlined in Section 8, Subsection e(i). If an Administrator would like their response data deleted sooner, they are responsible for contacting the Owner regarding this request.

    3. Participants

      Account data for Participants, such as their first and last name, email, and outfit data, is held on the Roast database as long as they remain an active User on Roast. Account information is deleted after 6 months of inactivity, or when the Participant requests.

      Participants’ Survey response data is retained at the discretion of the Owner, under the rules outlined in Section 8, Subsection e(i). If a Participant would like their response data deleted sooner, they are responsible for contacting the Owner regarding this request.

User Requirements

  1. Authority for Consent to Terms

    Users may only access Roast if they have the right to form a contract with KTI, either as an individual or as the representative of a company. Users agreeing to these Terms as the representative of a company certify that they have the authority to do so and will advise their company’s relevant parties of the Terms found in this agreement.

  2. Minors

    Roast is not intended for and may not be used by “Minors,” defined as children under the age of 13, unless otherwise determined by the laws of their residence. Users agreeing to these Terms certify that they are not Minors.

  3. Data Controller Obligation

    Owners and Administrators control and are responsible for Administrator and Participant data. As data controllers, Owners and Administrators are responsible for responding to Administrator and Participant requests, inquiries, and complaints concerning their data in a timely manner as detailed by the laws of their jurisdiction. Data controllers are also responsible for informing Administrators and Participants about data breaches according to the requirements of their jurisdiction.

Acceptable Use

  1. Legal Compliance

    Users certify that they will abide by all laws and applicable regulations while using Roast.

  2. Responsibilities

    1. Users may not use Roast for the purpose of developing a competing tool or reverse engineering the software.

    2. Users may not modify Roast to function in a way other than intended. Users may not attempt to use Roast other than in the manner intended.

    3. Any interaction with Roast conducted via automated programing, such as “scraping,” is prohibited. Roast and associated data should only be accessed through the mechanisms provided in the software.

    4. Roast may not be used to harass or abuse Participant. Users may not insert profanity or offensive content in any custom entry fields or upload fields found in the software.

    5. Users may only send Surveys at a frequency consistent with normal Survey solicitation and not to the degree that stresses the Roast email server or database.

    6. Users may not resell, lease, or provide gratis Owner account access to any party outside of the company and office for which the license is associated.

    7. Users accessing Roast for the purpose of compliance with any law, regulation, or certification are responsible for ensuring that Roast and their use of Roast complies with all applicable requirements.

Deleting, Suspension and Termination of Services

  1. User-Initiated Account Termination

    Users can terminate their account upon request via the Contact Us page on the Roast website. Requests for termination must include the first and last name and email address associated with the Roast account. Following receipt of a termination request, KTI will delete the account in no less than 14 business days.

  2. Refund Policy

    Owners terminating their account are not granted any refund for time remaining on the subscription unless required by law. Refunds will only be issued if KTI has failed to provide service as outlined in these Terms and was unable to remedy this failure within 14 days of the User notifying KTI of the failure.

  3. Account Suspension or Termination

    KTI reserves the right to terminate any account for any reason following a 30-day notice and, in the case of Owners, a pro-rata refund reflective of the days remaining on the current account subscription. KTI may immediately suspend and/or terminate a User in violation of these Terms of Use without issuing a refund.

Changes and Updates

  1. Terms of Use

    KTI may change these Terms of Use at any time. The most current version will always be available on the Roast website. In the event that KTI determines that changes to these Terms of Use will have a significant impact, Users will receive an email alert notifying them of the changes. Because Roast access is contingent upon agreement to the Terms of Use, Users that do not agree to any of the revisions must discontinue using Roast.

  2. Software Updates

    Because Roast is a web-based application, KTI may make updates to the service on a running basis to improve functionality. KTI reserves the right to make changes to Roast at any time without notifying Users.

Disclaimers and Liabilities Limitations

  1. Notwithstanding agreements made in these Terms, KTI is not liable with respect to the subject matter of these Terms under any contract, negligence, strict liability, or other legal or equitable theory for any special, incidental, consequential, exemplary, or punitive damages of any kind, however caused and regardless of the theory of liability or whether they arise out of the inability to use Roast, even if KTI has been advised of the possibility of such damages. Further, in no event will KTI be liable for any claim by any other party arising out of Users’ use of Roast. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to every User.

Governing Law

This agreement is governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to the conflict of law provisions thereof.

The failure of either the User or KTI to exercise in any respect any right provided for herein will not be deemed a waiver of any further conditions in these Terms. If any condition in these Terms is found to be unenforceable or invalid, that condition will be limited or eliminated to the minimum extent necessary, leaving the remainder of these Terms in effect and enforceable. The User agrees that these Terms supersede all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications must be in writing and signed by both parties. If KTI is the prevailing party in any action or proceeding to enforce terms under this agreement, KTI shall be entitled to recover its attorney’s fees and costs.