Terms of Use

Last updated: April 17, 2024

The website located at WWW.KANNY.COM (the “Site”) belongs to Firsthand Data, Inc. (“KANNY”, “Us”, “We” and “Our”).  Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE.  BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT.  YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 16 YEARS OLD.  HOWEVER, IF ACCORDING TO LAW YOU MUST BE OLDER THAN 16 FOR KANNY TO LAWFULLY PROVIDE YOU WITH THE SERVICES WITHOUT PARENTAL CONSENT (INCLUDING USE OF YOUR PERSONAL DATA), THEN YOU MUST ABIDE BY SUCH LAW. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

UNLESS OTHERWISE INDICATED, ANY FUTURE RELEASE, UPDATE, OR OTHER ADDITION TO FUNCTIONALITY OF THE SITE SHALL BE SUBJECT TO THESE TERMS.  

THESE TERMS LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. Accounts 

You promise that the information you give us is truthful and accurate.
You will keep your login and password a secret.
Please Contact us ASAP if you see anything suspicious relating to your account.

1.1 Account Creation.  In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site.  We may suspend or terminate your Account in accordance with Section 8. 

1.2 Account Responsibilities.  You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  We cannot and will not be liable for any loss or damage arising from your failure to comply with the requirements herein.

2. Access to the Site 

We grant you limited permission to use the Site for your personal use.
There is a list of activities that you must not do.
We are not responsible to you if We decide to change the Site or discontinue it entirely.
We are not responsible for providing you with support for the Site.
We own all our intellectual property relating to the Site, but you own the content that you submit to Us.

2.1 Our Permission to You.  Subject to these Terms, We grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.

2.2 What You Must Not Do.  You agree that you will not:

(a) Sell, rent, lease or otherwise monetize the Site or related services, whether in whole or in part, or any content displayed on the Site; 
(b) Copy, distribute, disclose or otherwise use any information obtained from the Site (regardless of whether you received it directly or through a third party), without KANNY’s consent;
(c) Disassemble, reverse compile or reverse engineer any part of the Site’s source code; 
(d) Access the Site in order to build a similar or competitive website, product, or service; 
(e) Copy, distribute, republish, download, display, post or transmit any part of the Site in any form or by any means, unless We allow it elsewhere in these Terms;
(f) Create a false identity or otherwise misrepresent who you are on the Site, create a KANNY profile for anyone else, or use someone else’s account;
(g) Upload, transmit or distribute to or through the Site anything that contains software viruses, worms or other software intended to damage or alter a computer system or data;
(h) Send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(i) Use the Site to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent;
(j) Interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks;
(k) Attempt to gain unauthorized access to the Site, whether through password mining or any other means;
(l) Use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site.

2.3 Changes.  We reserve the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you.  You agree that We will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

2.4 No Support or Maintenance.  You agree that We will have no obligation to provide you with any support or maintenance in connection with the Site.

2.5 Ownership.  Except for any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Us or Our suppliers. Neither these Terms (nor your access to the Site) transfers to you or anyone else any rights to Our intellectual property rights, except Our permission to you to use the Site in Section 2.1. 

3. User Content

You are responsible that the content that you submit to us is accurate and truthful.
You give permission to us to use your content.
Your content should not contain anything hateful, offensive, or illegal.
If it does, we are allowed to take certain actions against you, including banning you.
Any feedback you share with us can be used by us as we wish.

3.1 User Content.  “User Content” means any and all information and content that you submit to, or use with, the Site (e.g., content in your profile or postings).  As between you and KANNY, you own your User Content. You are also solely responsible for your User Content.  You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.  You hereby represent and warrant that your User Content does not violate Our Acceptable Use Policy (defined in Section 3.3).  You may not represent or suggest to others that your User Content is in any way provided, sponsored or endorsed by us.  Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.  We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.  You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

3.2 Your Permission to Us.  You grant (and you represent and warrant that you have the right to grant) to us a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process your User Content, without any further approval by you or notice and/or compensation to you or others. 

3.3 Non-Acceptable Uses.  The following terms constitute Our “Acceptable Use Policy”:

You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

3.4 Enforcement.  We may (but have no obligation) to review any User Content, and to investigate and/or take appropriate action if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for Us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

3.5 Feedback.  If you provide us with any feedback or suggestions regarding the Site (“Feedback”), you understand and agree that We can use and share (if We choose to) such Feedback for any purpose without compensating you.  You agree not to submit to Us any information or ideas that you consider to be confidential or proprietary.

4. KANNY Questions, KANNY Insights, Other Users

Our service asks people who have worked with you about their experience working with you and their perceptions of you based on that experience.
We have no control over their responses and cannot guarantee that you will approve of the KANNY Insights generated from such responses.
We do not control the content or interactions of each user, and therefore cannot be held responsible for such content or interactions.

4.1 KANNY Questions.  The Site permits Us to ask people you have worked with in the past to answer a series of questions regarding their experience working with you and their perceptions of you as a result of that experience (“Survey”). With your permission, we will also reach out to people in your professional network (including, for example, your former and/or current co-workers, colleagues, superiors, and people you have supervised) to solicit their responses to a Survey about their perceptions of you. We will collect those responses and generate KANNY Insights using Our proprietary algorithm. You will have access to your KANNY Insights. Employers and recruiters will also have access to KANNY Insights with additional insights into the data collected. (“KANNY Insights”). You agree that We do not have control over the responses used to generate your KANNY Insights , and, while Our proprietary algorithm is designed to reduce misuse, we cannot always prevent misuse or attempted gaming of the process We use to generate your KANNY Insights. You agree that We are not responsible for any such misuse, or KANNY Insights that you may feel are not accurate.

4.2 KANNY Insights.  The Site permits you to obtain KANNY Insights based on responses to the Survey provided by those within your professional network. You agree that We are not responsible if you receive a KANNY Insights lower than what you may have desired.

4.3 Other Users.  Each Site user is solely responsible for any and all of its own User Content.  Because We do not control User Content, you acknowledge and agree that We are not responsible for any User Content, whether provided by you or by others.  We make no guarantees regarding the accuracy, suitability, or quality of any User Content.  Your interactions with other Site users are solely between you and such users.  You agree that We will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, We are under no obligation to become involved.

5. Disclaimers

This is our disclaimer of warranties for the quality, accuracy, reliability and safety of the Site and our services.

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,  SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6. Limitation on Liability

Our legal liability to you is limited to direct damages and capped at $100 unless prohibited by law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.  

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.   

The limitations of liability in this Section 6 form part of the basis of the contract between you and KANNY and shall apply to all claims of liability (e.g., warranty, tort, negligence) even if KANNY or its suppliers has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

7. Suspending or Ending Your Rights

We have the right to suspend or end your rights to use KANNY, including if you violate our Terms.

We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason, including if you violate these Terms. If We terminate your rights, you will immediately lose access to your Account and non-public portions of the Site.  You understand that when you lose access to your Account, your User Content associated with your Account may be deleted from Our live databases.  We will not have any responsibility whatsoever to you for terminating your rights, including deleting your Account or your User Content.  Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, and Sections 3 through 8.

8. General

If we make major changes to the Terms, We will notify you by email or post on the Site itself.
If in the unlikely event you and KANNY are involved in a dispute, We both agree to resolve it in California courts in Santa Clara County under California law.
You agree to follow U.S. export laws in transferring data.
You agree not to transfer the rights we give you to anyone else.
We own our branding and trademarks.

8.1 Changes.  These Terms are subject to occasional revision, and if We make any substantial changes, We may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on Our Site.  You are responsible for providing Us with your most current email address.  Continued use of Our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

8.2 Dispute Resolution. You and KANNY agree that the laws of the State of California, U.S.A., shall exclusively govern any dispute relating to these Terms and/or the Site, regardless of conflict of laws. You and KANNY both agree that all claims and disputes can be litigated only in the federal courts in the Northern District of California or state courts in Santa Clara County, California, USA, and you and KANNY each agree to personal jurisdiction in those courts.

8.3 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from KANNY, or any products utilizing such data, in violation of the United States export laws or regulations. 

8.4 Entire Terms. These Terms make up the entire agreement between you and Us regarding the use of the Site. If We do not exercise any of Our rights under the Terms, that doesn’t mean We waive those rights. If a court finds that any portion of these Terms is not enforceable, the other portions of these Terms will not be affected, and We agree that the court should modify the unenforceable portion so that it becomes valid and the invalid or unenforceable provision will be deemed modified so that it achieves its intent. If the court cannot do so, then We agree to ask the court to remove that provision and enforce the remaining portions. You are not allowed to assign or otherwise transfer the rights We have provided you to anyone else without Our prior written consent. We may freely assign these Terms.  There are no third party beneficiaries. 

8.5  Copyright/Trademark Information.  Copyright © 2024  KANNY. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Site are Our property or the property of other third parties. You are not permitted to use these Marks without Our prior written consent or the consent of such third party which may own the Marks.

8.6  Contact Information:

Mailing Address:   

Firsthand Data Inc dba KANNY
20289 Stevens Creek Blvd #1067
Cupertino, CA 95014
Telephone:  (650) 735-2669
Email: legal@kanny.com