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Customer Agreement

Kaltura Customer Agreement

This Kaltura Customer Agreement (this “Agreement”) contains the terms and conditions that govern your access to and use of the Service Offerings (as defined below) and is an agreement between Kaltura, Inc. (“Kaltura,” “we,” “us,” or “our”) and you or the entity you represent (“you”). This Agreement takes effect when you click an “I Accept” button or check box presented with these terms or, if earlier, when you use any of the Service Offerings or Execute an Order Form referencing this Agreement (the “Effective Date”). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. Please see Section 14 for definitions of certain capitalized terms used in this Agreement.

  1. Use of the Service Offerings.

1.1 Generally. You may access and use the Service Offerings in accordance with this Agreement. You will adhere to all laws, rules, and regulations applicable to your use of the Service Offerings, including the Acceptable Use Policy and the other Policies as defined in Section 14.

1.2 Your Account. To access the Services, you must create a Kaltura account associated with a valid e-mail address. Unless you activate a Kaltura Multi-Account, you may only create one account per legal entity. You are responsible for all activities that occur under your account(s), regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents) and, except to the extent caused by our breach of this Agreement, we and our affiliates are not responsible for unauthorized access to your account. You will contact us immediately if you believe an unauthorized third party may be using your account or if your Account Information is lost or stolen. You may terminate your account and this Agreement at any time in accordance with Section 7.

1.3 Support to You. If you would like support for the Services other than the support we generally provide to other users of the Services without charge, you may contact-us for premium support packages.

1.4 Third Party Content. Third Party Content, such as software applications or application services provided by third parties, may be made available directly to you by other companies or individuals under separate terms and conditions, including separate fees and charges. Because we may not have tested or screened the Third Party Content, your use of any Third Party Content is at your sole risk.

  1. Changes.

We may change, discontinue, or deprecate any of the Service Offerings (including the Service Offerings as a whole) or change or remove features or functionality of the Service Offerings from time to time. We will notify you of any material change to or discontinuation of the Service Offerings. However, if we change, discontinue or deprecate any APIs for the Services, we will use commercially reasonable efforts to continue supporting the previous version of any API changed, discontinued, or deprecated for 12 months after the change, discontinuation, or deprecation (except if such support (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) would violate the law or requests of governmental entities).

  1. Security and Data Privacy.

3.1 Kaltura Security. Without limiting the scope of Section 10 or your obligations under Section 4.2, we will implement reasonable and appropriate measures designed to help you secure Your Content against accidental or unlawful loss, access or disclosure.

3.2 Data Privacy. You consent to the processing and storage of Your Content in, and transfer of Your Content into, the U.S. To the the extent we process any Personal Data (as such term is defined in the Kaltura Customer DPA) for or on behalf of You in the course of providing the Service Offerings, the Kaltura Customer DPA is hereby incorporated by reference and shall apply. You will ensure that You are entitled to transfer the relevant personal data to us, so that we may lawfully use, process, and transfer the Personal Data in accordance with the Service Offerings on Your behalf. You will ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer, to the extent required by Your country’s data protection laws and regulations.

3.3 School Accounts. Kaltura maintains policies and procedures designed to comply with applicable requirements of student privacy laws including, without limitation, GDPR and the Family Educational Rights and Privacy Act (FERPA) and applicable state laws (collectively, the “Student Privacy Laws”).  The Student Privacy Laws may provide students or their parents with certain rights in their personal information. If you are a parent or student and you have questions about the Student Privacy Laws or your related rights, please contact your school administration. Kaltura will not use any student data for marketing or advertising purposes, or any other commercial purpose, except to provide the Service Offerings to you and to your End Users. If you are a school, school district, school administrator or a teacher — you represent and warrant that you have been duly authorized by your school or school district to create an account, to use the Services Offerings, and to agree to these contract terms.  You further agree to use your account solely for educational purposes and solely for the benefit of your school or school district and its students. To the extent Your Content includes any “education records” (as defined in FERPA), Kaltura shall be deemed a “school official” (as defined in FERPA), and Kaltura’s use and maintenance of such education records shall be solely for the purpose of providing the Service Offerings to you and to your End Users in accordance with your instructions.

  1. Your Responsibilities.

4.1 Your Content. You are solely responsible for the development, content, operation, maintenance, and use of Your Content. For example, you are solely responsible for:

(a) the technical operation of Your Content, including ensuring that calls you make to any Service are compatible with then-current APIs for that Service;

(b) compliance of Your Content with the Acceptable Use Policy, the other Policies, and the law;

(c) any claims relating to Your Content; and

(d) promptly and properly handling and processing notices sent to you (or any of your affiliates) by any person claiming that Your Content violate such person’s rights, including notices pursuant to the Digital Millennium Copyright Act.

4.2 Other Security and Backup. You are responsible for properly configuring and using the Service Offerings and taking your own steps to maintain appropriate security, protection and backup of Your Content, which may include the use of encryption technology to protect Your Content from unauthorized access and routine archiving Your Content. Kaltura log-in credentials and private keys generated by the Services are for your internal use only and you may not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf.

4.3 End User Violations. You will be deemed to have taken any action that you permit, assist or facilitate any person or entity to take related to this Agreement, Your Content or use of the Service Offerings. You are responsible for End Users’ use of Your Content and the Service Offerings, whether authorized or unauthorized. You will ensure that all End Users comply with your obligations under this Agreement and that the terms of your agreement with each End User are consistent with this Agreement. If you become aware of any violation of your obligations under this Agreement by an End User, you will immediately terminate such End User’s access to Your Content and the Service Offerings.

4.4 End User Support. You are responsible for providing customer support or service (if any) to End Users. We do not provide any support or services to End Users unless we have a separate agreement with you or an End User obligating us to provide support or services.

  1. Fees and Payment.

5.1. Service Fees. We calculate and bill fees and charges monthly. We may bill you more frequently for fees accrued if we suspect that your account is fraudulent or at risk of non-payment, or less frequently, at our discretion. You will pay us the applicable fees and charges for use of the Service Offerings as described on the Kaltura Site using one of the payment methods we support. You agree that Kaltura may charge to your credit card (or other payment mechanism selected by you and approved by Kaltura) all amounts due and owing for the Service Offerings, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with your account. All amounts payable under this Agreement will be made without setoff or counterclaim, and without any deduction or withholding. Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges on the Kaltura Site unless we expressly state otherwise in a notice. We may increase or add new fees and charges for any existing Services by giving you at least 30 days’ advance notice. We may charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments.

5.2 Taxes. All fees and charges payable by you are exclusive of applicable taxes and duties, including VAT and applicable sales tax. You will provide us any information we reasonably request to determine whether we are obligated to collect VAT from you, including your VAT identification number. If you are legally entitled to an exemption from any sales, use, or similar transaction tax, you are responsible for providing us with legally sufficient tax exemption certificates for each taxing jurisdiction. We will apply the tax exemption certificates to charges under your account occurring after the date we receive the tax exemption certificates. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.

5.3 Order Forms. Notwithstanding Section 5.1 above, if you purchase a subscription to the Service Offerings via an Order Form signed by you and us then the billing terms set forth in this Section 5.3 and the applicable Order Form will apply. Minimum commitments in Order Forms are (a) based on Services purchased and not actual usage; (b) non-cancelable; and (c) cannot be decreased during the specified term. Fees paid for minimum commitments and actual usage are not refundable. Your payments of fees are neither (x) contingent on the delivery of any future functionality or features nor (y) dependent on statements not set forth in the Agreement.

  1. Temporary Suspension.

6.1 Generally. We may suspend your or any End User’s right to access or use any portion or all of the Service Offerings immediately upon notice to you if we determine:

(a) your or an End User’s use of or registration for the Service Offerings (i) poses a security risk to the Service Offerings or any third party, (ii) may adversely impact the Service Offerings or the systems or Content of Kaltura or any other Kaltura customer, (iii) may subject us, our affiliates, or any third party to liability, or (iv) may be fraudulent;

(b) you are, or any End User is, in breach of this Agreement, including if you are delinquent on your payment obligations for more than 15 days;

(c) the credit card you authorized us to charge in connection with your account is invalid or otherwise unavailable for the processing of payments; or

(d) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.

6.2 Effect of Suspension. If we suspend your right to access or use any portion or all of the Service Offerings:

(a) you remain responsible for all fees and charges you have incurred through the date of suspension;

(b) you remain responsible for any minimum commitments specified in an Order Form;

(c) you remain responsible for any applicable fees and charges for any Service Offerings to which you continue to have access, as well as applicable data storage fees and charges, and fees and charges for in-process tasks completed after the date of suspension; and

(d) you will not receive a refund of any pre-paid fees for the applicable service period.

Our right to suspend your or any End User’s right to access or use the Service Offerings is in addition to our right to terminate this Agreement pursuant to Section 7.2.

  1. Term; Termination.

7.1. Term. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by you or us in accordance with Section 7.2.

7.2 Termination.

(a) Termination for Convenience. You may terminate this Agreement for any reason by: (i) providing us notice and (ii) closing your account for all Services for which we provide an account closing mechanism.

(b) Termination for Cause.

(i) By Either Party. Either party may terminate this Agreement for cause upon 30 days advance notice to the other party if there is any material default or breach of this Agreement by the other party, unless the defaulting party has cured the material default or breach within the 30 day notice period.

(ii) By Us. We may also terminate this Agreement immediately upon notice to you (A) for cause, if any act or omission by you or any End User results in a suspension described in Section 6.1, (B) if our relationship with a third party partner who provides software or other technology we use to provide the Service Offerings expires, terminates or requires us to change the way we provide the software or other technology as part of the Services, (C) if we believe providing the Service Offerings could create a substantial economic or technical burden or material security risk for us, (D) in order to comply with the law or requests of governmental entities, or (E) if we determine that use of the Service Offerings by you or any End Users or our provision of any of the Services to you or any End Users has become impractical or unfeasible for any legal or regulatory reason.

7.3. Effect of Termination. Upon any termination of this Agreement:

(i) all your rights under this Agreement immediately terminate;

(ii) you remain responsible for all fees and charges you have incurred through the date of termination, including fees and charges for in-process tasks completed after the date of termination;

(iii) you will immediately return or, if instructed by us, destroy all Kaltura Content in your possession;

(iv) you will not receive a refund of any pre-paid fees, including without limitation any pre-purchased credits, monthly or annual fees paid in advance, or minimum commitments;

(v) you remain responsible for any minimum commitments specified in an Order Form; and

(vi) Sections 4.1, 5.2, 7.3, 8 (except the license granted to you in Section 8.3), 9, 10, 11, 13 and 14 will continue to apply in accordance with their terms.

  1. Proprietary Rights.

8.1 Your Content. As between you and us, you, your End Users or your licensors own all right, title, and interest in and to Your Content. Except as provided in this Section 8, we obtain no rights under this Agreement from you or your licensors to Your Content, including any related intellectual property rights. You consent to our use of Your Content to provide the Service Offerings to you and any End Users.

8.2 Adequate Rights. You represent and warrant to us that: (a) you or your licensors own all right, title, and interest in and to Your Content and Your Submissions; (b) you have all rights in Your Content and Your Submissions necessary to grant the rights contemplated by this Agreement; and (c) none of Your Content, Your Submissions or End Users’ use of Your Content, Your Submissions or the Services Offerings will violate the Acceptable Use Policy.

8.3 Service Offerings License. As between you and us, we or our affiliates or licensors own and reserve all right, title, and interest in and to the Service Offerings. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to do the following during the Term: (i) access and use the Services solely in accordance with this Agreement; and (ii) copy and use the Kaltura Content solely in connection with your permitted use of the Services. Except as provided in this Section 8.3, you obtain no rights under this Agreement from us or our licensors to the Service Offerings, including any related intellectual property rights.

8.4 License Restrictions. Neither you nor any End User may use the Service Offerings in any manner or for any purpose other than as expressly permitted by this Agreement. Neither you nor any End User may, or may attempt to, (a) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Service Offerings (except to the extent software included in the Service Offerings are provided to you under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile the Service Offerings or apply any other process or procedure to derive the source code of any software included in the Service Offerings, (c) access or use the Service Offerings in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (d) resell or sublicense the Service Offerings (unless you are expressly authorized to do so in an Order Form). All licenses granted to you in this Agreement are conditional on your continued compliance this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement.

8.5 Suggestions. If you provide any Suggestions to us or our affiliates, we will own all right, title, and interest in and to the Suggestions, even if you have designated the Suggestions as confidential. We and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions and agree to provide us any assistance we may require to document, perfect, and maintain our rights in the Suggestions.

  1. Indemnification.

9.1. General. You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning: (a) your or any End Users’ use of the Service Offerings (including any activities under your account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you or any End User; (c) Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content; or (d) a dispute between you and any End User. If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process in relation to any of the claims described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.

9.2. Process. We will promptly notify you of any claim subject to Section 9.1, but our failure to promptly notify you will only affect your obligations under Section 9.1 to the extent that our failure prejudices your ability to defend the claim. You may: (a) use counsel of your own choosing (subject to our written consent) to defend against any claim; and (b) settle the claim as you deem appropriate, provided that you obtain our prior written consent before entering into any settlement. We may also assume control of the defense and settlement of the claim at any time.

  1. Disclaimers.

THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

  1. Limitations of Liability.

WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICE OFFERINGS, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICE OFFERINGS FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

  1. Modifications to the Agreement.

We may modify this Agreement (including any Policies) at any time by posting a revised version on the Kaltura Site or by otherwise notifying you in accordance with Section 13.6. The modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Service Offerings after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the Kaltura Site regularly for modifications to this Agreement. We last modified this Agreement on the date listed at the end of this Agreement.

  1. Miscellaneous.

13.1 Confidentiality and Publicity. You may use Kaltura Confidential information only in connection with your use of the Service Offerings as permitted under this Agreement. You will not disclose Kaltura Confidential Information during the Term or at any time during the 5 year period following the end of the Term. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Kaltura Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. You will not issue any press release or make any other public communication with respect to this Agreement or your use of the Service Offerings without our prior written consent. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.

13.2 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

13.3 Independent Contractors; Non-Exclusive Rights. We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Subject to the provisions of Section 13.1, both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s products or services.

13.4 No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement.

13.5 Import and Export Compliance. You acknowledge that the Service Offerings, or a portion thereof, is subject to the Export Administration Regulations, 15 C.F.R. Parts 730-774, of the United States and may be subject to other applicable country export control and trade sanctions laws (“Export Control and Sanctions Laws”). Kaltura will provide the U.S. export classification(s) applicable to its Services upon request. You and your End Users may not access, use, export, re-export, divert, transfer or disclose any portion of the Service Offerings or any related technical information or materials, directly or indirectly, in violation of Export Control and Sanctions Laws. You represent and warrant that: (i) you and your End Users (a) are not citizens of, or located within, a country or territory that is subject to U.S. trade sanctions or other significant trade restrictions (including without limitation Cuba, Iran, North Korea, Syria, and the Crimea region of Ukraine) and that you and your End Users will not access or use the Service Offerings, or export, re-export, divert, or transfer the Service Offerings, or any part thereof, in or to such countries or territories; (b) are not persons, or owned 50% or more, individually or in the aggregate by persons, identified on the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or Foreign Sanctions Evaders Lists; and (c) are not persons on the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List, or U.S. Department of State proliferation-related lists; (ii) you and your End Users located in China, Russia, or Venezuela are not Military End Users and will not put the Service Offerings to a Military End Use, as defined in 15 C.F.R. 744.21; (iii) Your Content is not subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control and Sanctions Laws; and (iv) you and your End Users will not take any action that would constitute a violation of, or be penalized under, U.S. antiboycott laws administered by the U.S. Department of Commerce or the U.S. Department of the Treasury. You are solely responsible for complying with the Export Control and Sanctions Laws and monitoring them for any modifications.

13.6 Notice.

(a) To You. We may provide any notice to you under this Agreement by: (i) posting a notice on the Kaltura Site; or (ii) sending a message to the email address then associated with your account. Notices we provide by posting on the Kaltura Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.

(b) To Us. To give us notice under this Agreement, you must contact Kaltura as follows: (i) by facsimile transmission to + 1 (646) 560 5579; or (ii) by personal delivery, overnight courier or registered or certified mail to Kaltura Inc., 860 Broadway, 3rd Floor, New York, NY 10003. We may update the facsimile number or address for notices to us by posting a notice on the Kaltura Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

(c) Language. All communications and notices to be made or given pursuant to this Agreement must be in the English language.

13.7 Assignment. You will not assign this Agreement, or delegate or sublicense any of your rights under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section 13.7 will be void. Kaltura may assign this Agreement or any of its rights or obligations hereunder without requiring your consent, (a) to an affiliate, or (b) to any third party acquiring all or substantially all of the assets relating to this Agreement or a controlling interest in the voting stock or voting interest of Kaltura. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.

13.8 No Waivers. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

13.9 Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effectuate the intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.

13.10 Contracting Entity.  In the event your Kaltura account reflects a bill to/sold to address in the United Kingdom or European Union, the contracting entity under this Agreement will be Kaltura Europe Ltd., a wholly-owned subsidiary of Kaltura organized under the laws of England and Wales.

13.11 Government Terms. We provide the Service Offerings, including related software and technology, for ultimate federal government end use solely in accordance with this Agreement. If you (or any of your End Users) are an agency, department, or other entity of any government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Service Offerings, any part thereof, or any related documentation of any kind, including technical data, software, and manuals, is restricted by this Agreement.  All other use is prohibited and no rights other than those provided in this Agreement are conferred. The Service Offerings were developed fully at private expense.

13.12 Agreement to Arbitrate; Waiver of Class Action.  If You are located in the United States, You agree to resolve disputes only on an individual basis, through arbitration pursuant to the provisions set forth in Exhibit A. The Parties expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.

13.13 Governing Law; Venue. This Agreement shall be governed by and construed under the laws of the State of New York. Except as provided in Section 13.12 (Agreement to Arbitrate), any legal suit, action, or proceeding arising out of or related to this Agreement or the Service Offerings shall be instituted in either the state or federal courts of New York, NY and we each consent to the personal jurisdiction of these courts.

13.14 Entire Agreement; English Language. This Agreement includes the Policies and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. Notwithstanding any other agreement between you and us, the security and data privacy provisions in Section 3 of this Agreement contain our and our affiliates’ entire obligation regarding the security, privacy, and confidentiality of Your Content. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control.

  1. Definitions.

“Acceptable Use Policy” means the policy currently available at https://corp.kaltura.com/legal/tos/acceptable-use-policy, as it may be updated by us from time to time.

“Account Information” means information about you that you provide to us in connection with the creation or administration of your Kaltura account. For example, Account Information includes names, usernames, phone numbers, email addresses, and billing information associated with your Kaltura account.

“API” means an application program interface.

“Content” means software (including machine images), data, text, audio, video, or images.

“Documentation” means the developer guides, getting started guides, user guides, quick reference guides, and other technical and operations manuals and specifications for the Services located at the Kaltura Site, as such documentation may be updated by us from time to time.

“End User” means any individual or entity that directly or indirectly through another user: (a) accesses or uses Your Content; or (b) otherwise accesses or uses the Service Offerings under your account.

“Kaltura Confidential Information” means all nonpublic information disclosed by us, our affiliates, business partners or our or their respective employees, contractors or agents that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. Kaltura Confidential Information includes: (a) nonpublic information relating to our or our affiliates or business partners’ technology, customers, business plans, promotional and marketing activities, finances and other business affairs; (b) third-party information that we are obligated to keep confidential; and (c) the nature, content and existence of any discussions or negotiations between you and us or our affiliates. Kaltura Confidential Information does not include any information that: (i) is or becomes publicly available without breach of this Agreement; (ii) can be shown by documentation to have been known to you at the time of your receipt from us; (iii) is received from a third party who did not acquire or disclose the same by a wrongful or tortious act; or (iv) can be shown by documentation to have been independently developed by you without reference to the Kaltura Confidential Information.

“Kaltura Content” means Content we or any of our affiliates make available in connection with the Services or on the Kaltura Site to allow access to and use of the Services, including Documentation; sample code; software libraries; command line tools; and other related technology. Kaltura Content does not include the Services.

“Kaltura Customer DPA” means the terms and conditions of the data processing agreement available at https://corp.kaltura.com/Kaltura-data-processing-agreement.

“Kaltura Marks” means any trademarks, service marks, service or trade names, logos, and other designations of Kaltura and its affiliates that we may make available to you in connection with this Agreement.

“Kaltura Site” means https://corp.kaltura.com/ and any successor or related site designated by us.

“Order Form” means an ordering document supplied by Kaltura that references this Agreement.

“Policies” means the Acceptable Use Policy, all restrictions described in the Kaltura Content and on the Kaltura Site, and any other policy or terms referenced in or incorporated into this Agreement.

“Privacy Policy” means the privacy policy currently referenced at https://corp.kaltura.com/legal/privacy/privacy-policy/, as it may be updated by us from time to time.

“Services” means all Kaltura products and services that you order from Kaltura via the Kaltura Site, your use of your Kaltura account, or pursuant to an Order Form signed by you and Kaltura. This also includes Kaltura services provided to you on a trial basis or otherwise free of charge.

“Service Offerings” means the Services (including associated APIs), the Kaltura Content, the Kaltura Marks, the Kaltura Site, and any other product or service provided by us under this Agreement. Service Offerings do not include Third Party Content.

“Suggestions” means all suggested improvements to the Service Offerings that you provide to us.

“Term” means the term of this Agreement described in Section 7.1.

“Third Party Content” means Content made available to you by any third party on the Kaltura Site or in conjunction with the Services.

“Your Content” means Content that you or any End User transfers to us for processing, storage or hosting by the Services in connection with your Kaltura account, any computational results that you or any End User derive from the foregoing through their use of the Services and any integrated services that you offer to your End Users leveraging the Service Offerings. Your Content does not include Account Information.

Last updated: August 1, 2021

Exhibit A

  1. Disputes. A dispute is any controversy between you and Kaltura concerning the Service Offerings, the price of the Service Offerings, your account, Kaltura’s advertising, marketing, or communications, your purchase transaction or billing, or any term of this Agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your or Kaltura’s intellectual property rights. As part of the best efforts process to resolve disputes, and prior to initiating arbitration proceedings, each party agrees to provide notice of the dispute to the other party, including a description of the dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution. Notices to us should be sent to [email protected]; we will send notices to you at the email address associated with your account.
  2. Arbitration Procedure. Disputes not resolved pursuant to Section A above shall be resolved through arbitration. The American Arbitration Association (“AAA”) will conduct any arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org. Arbitration hearings will take place in New York, NY. A single arbitrator will be appointed. The arbitrator must: (a) follow all applicable substantive law; (b) follow applicable statutes of limitations; (c) honor valid claims of privilege; and (d) issue a written decision including the reasons for the award. The arbitrator may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys’ fees). Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
  3. Arbitration Fees. If you are unable to afford the arbitration costs, Kaltura will advance those costs to you, subject to the arbitrator’s determination if costs should be reimbursed to Kaltura if Kaltura prevails. For disputes involving more than $75,000, the AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
  4. Conflict with AAA Rules. This Agreement governs if there is a conflict with the AAA’s Commercial Arbitration Rules.
  5. Requirement to File Within One Year. Notwithstanding any other statute of limitations, a claim or dispute under this Agreement must be noticed for arbitration within one year of when it could first be filed, or such claim will be permanently barred.
  6. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in court, with the balance resolved through arbitration. If any provision of this Exhibit A is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this Exhibit, inclusive of the severed provision.

 

Acceptable Use Policy

Kaltura Acceptable Use Policy

This Acceptable Use Policy (this “Policy”) describes prohibited uses of the services offered by Kaltura, Inc. and its affiliates (the “Services”) and the website located at www.kaltura.com (the “Kaltura Site”). The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the Kaltura Site. By using the Services or accessing the Kaltura Site, you agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Services.

No Illegal, Harmful, or Offensive Use or Content

You may not use, or encourage, promote, facilitate or instruct others to use, the Services or Kaltura Site for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Prohibited activities or content include:

  • Illegal Activities. Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography.
  • Harmful or Fraudulent Activities. Activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.
  • Infringing Content. You may not upload or distribute content that you do not have a right to transmit under any law, including trademark and copyright law, or under contractual or fiduciary relationships. You also may not use the Services or the Kaltura Site to defame others, impersonate anyone, or use another’s name or image without their permission.
  • Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes pornography.
  • Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

Do not violate the integrity of the Services, Including

  • Bypassing Service Limitations. Attempting to bypass, exploit, defeat, or disable limitations or restrictions placed on the Services.
  • Security Vulnerabilities. Finding security vulnerabilities to exploit the Services or attempting to bypass any security mechanism or filtering capabilities.
  • Disabling the Services. Any denial of service (DoS) attack on the Services or any other conduct that attempts to disrupt, disable, or overload the Services.
  • Harmful Code or Bots. Transmitting code, files, scripts, agents, or programs intended to do harm, including viruses or malware, or using automated means, such as bots, to gain access to or use the Services.
  • Unauthorized Access. Attempting to gain unauthorized access to the Services.

Reporting of Violations of this Policy

If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.

 

Last updated: August 1, 2021

Kaltura REACH Product Specifications and Limitations
  1. Turnaround time and quality levels are dependent on input of clean, good quality audio, free of excessive background noise. Kaltura will notify customers in cases where poor-quality media have been rejected.
  2. Fidelity guarantees are based on the percentage of intelligible words in the media. Captioning of low-intelligibility media will be subject to a “best efforts” turnaround time.
  3. “Best efforts” turnaround times will usually be returned within seven to 30 calendar days, depending on aggregate demand at the time the content is submitted for processing.
  4. Speaker identification may not be available in non-English (spoken) languages.
  5. Any batch submission of over 1,000 media minutes per day may be subject to a processing delay and turnaround time limitations unless coordinated in advance with Kaltura.
  6. Requests for professional captioning at a three-hour turnaround time are limited to 15 minutes or less of media. Requests for professional captioning at a 24-hour turnaround time are limited to three hours or less of media.
  7. Turnaround times for automated captioning will range from 30 minutes to two hours, depending on the length of the submission(s) and aggregate demand at the time the content is submitted for processing.
  8. For translation requests submitted via Kaltura’s legacy REACH v1 service only, per media minute translation costs are in addition to the cost of native same-language captioning.
  9. Available languages for each applicable translation service are specified in the REACH user interface. For translation requests submitted via  Kaltura’s legacy REACH v1 service, Turkish translation services will incur a USD $1.00 per minute surcharge.
  10. Kaltura REACH captioning, transcription, and translation services utilize third party sub-processors. Such providers may include cielo24, Inc., Dotsub LLC, Verbit Software, Ltd., AmberScript, B.V., and Google LLC.
  11. Kaltura may update this page from time to time to reflect the addition of new transcription services and modifications to existing services. Any such updates will be effective as of the date the update is posted to this page. You can request previous versions of the terms listed on this page by sending an e-mail to: [email protected].
  12. For additional technical descriptions and features see: Kaltura REACH v2 User Guide.

Last updated: December 9, 2020

Free Trial Service Agreement

Kaltura Free Trial Service Agreement

THIS FREE TRIAL SERVICE AGREEMENT (“AGREEMENT”) GOVERNS YOUR ACQUISITION AND USE OF ANY FREE TRIAL SERVICE MADE AVAILABLE BY KALTURA, INC.  BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR OTHERWISE USING THE FREE TRIAL SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, 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 THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE FREE TRIAL SERVICE.

You may not access the Free Trial Service if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Free Trial Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. This Agreement was last updated on March 1, 2022.  It is effective between You and Us as of the date of You accepting this Agreement.

  1. Definitions.1.1 “Free Trial Service” means the application(s), technology, and/or services provided under this Agreement.1.2. “Account” means an account assigned to you by Kaltura at the time you sign up for a Free Trial Service.

    1.3. Documentation” means Our online user guides, documentation, and help and training materials, as updated from time to time, and which may be accessible via the Kaltura Knowledge Center. Your use of the Free Trial Service shall be subject to any notice and licensing information in the Documentation.

    1.4. “Content” means any content uploaded to the Kaltura platform via your Account.

    1.5. “Users” means individuals who are authorized by You to use the Free Trial Service via your Account, and have been supplied user identifications and passwords by You (or by Us at Your request). Users may include but are not limited to employees, consultants, contractors, and agents of You or Your affiliates.

    1.6. “We,” “Us” or “Our” means Kaltura, Inc., a Delaware corporation with principal offices located at 860 Broadway, 3rd Floor, New York, NY 10003.

    1.7. “You” or “Your” means the company or other legal entity for which you are accepting this Agreement and any affiliates of that company or entity.

    1.8. “Privacy Policy” means the terms and conditions of Kaltura’s Privacy Policy, which is published at https://corp.kaltura.com/legal/privacy/privacy-policy/, and which is incorporated herein by reference.“Free Trial Service” means the application(s), technology, and/or services provided under this Agreement.

  2. Use of Free Trial Service. We will make the Free Trial Service available to You subject to the terms of this Agreement, the applicable Documentation, and any additional terms specified on the web page through which You registered for an Account.
  3. Removal of Content. If We are required by a licensor or any third-party rights holder to remove Content, or receive information that Content provided by You may violate applicable law or third-party rights, We may discontinue Your access to such Content through the Free Trial Service. In addition, We may, upon notice to You, require You to discontinue all use of such Content and, to the extent not prohibited by law, promptly remove such Content from its systems. If You do not take required action in accordance with the above, We may disable the applicable Content and/or Free Trial Service until the potential violation is resolved. If so requested by Us, You shall certify such deletion and discontinuance of use in writing and We shall be authorized to provide a copy of such certification to any such third party claimant or governmental authority, as applicable.
  4. Aggregated Data.  We may use the data generated in connection with Your use of the Free Trial Service (e.g., types of web applications utilized); provided, however, in the event We provide such data to third parties, it shall be anonymized and presented in the aggregate so that it cannot be linked specifically to You or any User.
  5. Confidentiality. Information that is disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) in connection with this Agreement that is identified as confidential or that would reasonably be understood to be confidential based on the nature of the information or the circumstances surrounding its disclosure, is Confidential Information of the Disclosing Party. Notwithstanding the foregoing, the Free Trial Service and all information provided or disclosed to You relating to the Free Trial Service is Our Confidential Information. The Receiving Party shall use the same degree of care to protect such Confidential Information that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its affiliates’ employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
  6. Term and Termination. This Agreement shall commence upon Your acceptance and shall remain in effect with respect to a Free Trial Service until We cease making the applicable Free Trial Service functionality available to You. We reserve the right to cease making the Free Trial Services available to You, in whole or in part, at any time at our sole discretion.
  7. Your Responsibilities. You are responsible for all activities that occur via Your Account(s) and for Users’ compliance with this Agreement. You shall not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit the Free Trial Service or make the Free Trial Service available to any third party, other than as expressly permitted by this Agreement; (b) use the Free Trial Service to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (c) use the Free Trial Service to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates third party privacy rights; (d) use the Free Trial Service to send or store any virus, worm, time bomb, Trojan horse or other harmful or malicious code, file, script, agent or programs; (e) interfere with or disrupt the integrity or performance of the Free Trial Service or the data contained therein; (f) attempt to gain unauthorized access to the Free Trial Service or its related systems or networks, or permit direct or indirect access to or use of the Free Trial Service in a way that circumvents a contractual usage limit; (g) modify, copy or create derivative works based on the Free Trial Service; (h) reverse engineer the Free Trial Service (to the extent such restriction is permitted by law); (i) access the Free Trial Service in order to build a competitive product or service; (j) access the Free Trial Service in order to copy any ideas, features, functions or graphics of the Free Trial Service; (k) send or store any data subject to the Health Insurance Portability and Accountability Act, Gramm-Leach-Bliley Act, or the Payment Card Industry Data Security Standards; (l) continue to use or access any Kaltura application provided to You in connection with any Free Trial Service after Kaltura ceases making the Free Trial Service available to You; or (m) otherwise use the Free Trial Service in manner that violates applicable laws. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all information and material submitted to the Free Trial Service by You or by Users or on their behalf, the means by which You acquired such information and material, and the use of such Content and data; (ii) to the extent any Documentation imposes restrictions on the submission of data to services which operate on the same infrastructure as the Free Trial Service, You shall abide by such restrictions in Your submission of data to the Free Trial Service; (iii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Free Trial Service and Content, and notify Us promptly of any such unauthorized access or use by contacting [email protected]; and (iv) comply with the Documentation (if applicable) and all applicable local, state, federal and foreign laws, and written or electronically provided instructions from Us in using the Free Trial Service and Content. For the avoidance of doubt, Kaltura reserves the right to terminate Your Account and cease providing the Free Trial Service without notice if it concludes, in its sole discretion, that You have violated these Terms.
  8. No Warranty. THE FREE TRIAL SERVICE IS PROVIDED “AS-IS”, EXCLUSIVE OF ANY WARRANTY WHATSOEVER. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. The Free Trial Service may contain bugs or errors. Any production use of the Free Trial Service is at Your sole risk. You acknowledge that We may discontinue making the Free Trial Service available to You at any time in Our sole discretion.
  9. No Damages. IN NO EVENT SHALL WE HAVE ANY LIABILITY HEREUNDER TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  10. Proprietary Rights. Subject to the limited rights expressly granted hereunder, We reserve all rights, title, and interest in and to the Free Trial Service, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein. We shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Free Trial Service any suggestions, enhancement requests, recommendations, or other feedback provided by You, including from Users, relating to the operation of the Free Trial Service. As between You and Us, You retain all intellectual property rights to any content, except that You grant Us a worldwide, royalty-free, transferable, non-exclusive license to store, copy, transmit, publish, or otherwise process Content to the extent necessary to provide the Free Trial Service.
  11. Communications. By registering for and using the Free Trial Service, You thereby consent to receiving information about Kaltura and its products and services via the contact information that You provide to Kaltura. You may opt-out of any such communications at any time by providing Kaltura with notification of Your intent to opt-out in accordance with the instructions contained in such communications, or as otherwise specified in the Privacy Policy.
  12. General Provisions. You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without Our prior written consent. This Agreement shall be governed exclusively by the internal laws of the State of New York, without regard to its conflict of laws rules. Each party hereby consents to the exclusive jurisdiction of the state and federal courts located in the State of New York to adjudicate any dispute arising out of or relating to this Agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment, or waiver is to be asserted.

 

Website Terms of Use
  1. Acceptance of Terms
    1. In these Website Terms of Use (referred to herein as the “Agreement” or “Terms”) “Kaltura” refers to Kaltura, Inc., 860 Broadway, 3rd Floor, New York, NY 10003, and the terms “you” and “your” refer to you. If you are registering for a Kaltura account in order to use the Service on behalf of an organization, then you are agreeing to these Terms for that organization and promising to Kaltura that you have the authority to bind that organization to these Terms (and, in which case, the terms “you” and “your” will refer to that organization).
    2. PLEASE REVIEW THESE TERMS CAREFULLY. ONCE ACCEPTED, THESE TERMS BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND KALTURA. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT CLICK THE “I ACCEPT” BUTTON AND YOU SHOULD NOT USE THE SERVICE OR ACCESS THE KALTURA WEBSITE.
    3. Your use of the Service and/or Website, your registration, attendance, and participation in any virtual event made available through the Website and/or Service, and/or your access to and use of content available through the Service and/or Website, is subject to these Terms and to the terms and conditions of Kaltura’s Privacy Policy, which is published at https://corp.kaltura.com/privacy-policy, and which is incorporated herein by reference.
    4. The term “Service” as used in this agreement means any hosted service, technology, or application that Kaltura makes available to you. By using the Service or visiting this website (referred to herein interchangeably as the “Kaltura Website”, or “Website”), and by accessing content available through the Website or Service (including, without limitation, all content available through a partner website via an Application Programming Interface (“API”)), you signify your assent to these Terms. You may not use the Service or Website if you do not accept these Terms. Any new features or tools that are added to the Service or Website shall also be subject to these Terms.

2. Kaltura Website

These Terms apply to all users of the Kaltura Website, including users who contribute video content, information, and/or other materials, skills or services via the Website, virtual event participants, and users who access the Service through partner sites, via an API. The Kaltura Website may contain links to third party websites that are not owned or controlled by Kaltura. Kaltura has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third party websites. In addition, Kaltura will not, and cannot, censor or edit the content of any third party site. By using the Website, you expressly release Kaltura from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Kaltura Website and to read the terms and conditions and privacy policy of each website that you visit.

3. Website and Service Access

    1. Kaltura hereby grants you permission to use the Website as set forth in these Terms, provided that: (i) you use the Website only for personal, internal, noncommercial purposes (please contact [email protected] regarding the terms of a commercial license); (ii) you refrain from copying or distributing any part of the Website in any medium without Kaltura’s prior written authorization; (iii) you refrain from modifying any part of the Website, other than as permitted according to the site’s general user interface and the Website’s purpose; and (iv) you otherwise comply with these Terms.
    2. In order to access some features of the Website and/or the Service, you will have to create an account. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Kaltura immediately of any breach of security or unauthorized use of your account. (Please contact [email protected] to report any problems.) Although Kaltura will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Kaltura or others due to such unauthorized use.
    3. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or similar tools, that accesses the Website, Service, or API in a manner that sends more request messages to the Kaltura servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Kaltura grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Kaltura reserves the right to revoke these exceptions either generally or in specific cases, at its sole discretion. You agree not to collect or harvest any personally identifiable information, including, without limitation, account names, from the Website, Service, or API, or to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submitted Media (as defined herein).

4. Intellectual Property Rights

    1. The content on the Kaltura Website, except all User Submitted Media (as defined herein), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (together “Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Kaltura, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
    2. Content on the Website is provided to you ‘AS IS’ for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners of the Content. Kaltura reserves all rights not expressly granted in and to the Website and the Content.
    3. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submitted Media of third parties obtained through the Website for any commercial purposes.
    4. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
    5. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Kaltura Website and/or Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Kaltura Website or the Content therein.

5. User Submitted Media

    1. The Kaltura Website may now or in the future permit the submission of videos, photos, and other forms of media, submitted by you and other users (“User Submitted Media”) and the hosting, sharing, importing, editing, remixing, and/or publishing of such User Submitted Media. You understand that whether or not such User Submitted Media is published, Kaltura DOES NOT GUARANTEE ANY CONFIDENTIALITY with respect to any submissions.
    2. You shall be solely responsible for your own User Submitted Media and the consequences of posting or publishing it. In connection with User Submitted Media, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents and permissions, patents, trademarks, trade secrets, copyrights, or other proprietary rights to use and authorize Kaltura, and other users of the Kaltura Website to include and use your User Submitted Media in the manner contemplated by the Website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submitted Media to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submitted Media in the manner contemplated by the Website and these Terms.
    3. As between You and Kaltura, You retain all ownership rights in your User Submitted Media.
    4. By submitting User Submitted Media to the Kaltura Website you hereby grant (or warrant that the owner of such rights has expressly granted) Kaltura, other users of the Kaltura Website, and others, a non-exclusive right to use, reproduce, publicly perform, distribute display, remix, excerpt, adapt, transcode, create derivative work from, and use in connection with advertising, promotional or commercial purposes your User Submitted Media pursuant to the terms and conditions of the Creative Commons “Attribution-ShareAlike 3.0” license located at https://creativecommons.org/licenses/by-sa/3.0/(the “Creative Commons BY-SA License”).
    5. You further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Kaltura all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Kaltura or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
    6. Kaltura does not endorse any User Submitted Media or any opinion, recommendation, or advice expressed therein, and Kaltura expressly disclaims any and all liability in connection with User Submitted Media. Kaltura reserves the right to remove Content and User Submitted Media without prior notice. Kaltura may also terminate a User’s access to the Website and/or Service if Kaltura concludes, in its sole discretion, that such User is a repeat infringer. A repeat infringer is a User who has been notified of intellectual property right infringing or otherwise improper activity more than twice and/or has had User Submitted Media removed from the Website more than twice. Kaltura also reserves the right to decide whether Content or User Submitted Media is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Kaltura may remove such User Submitted Media and/or terminate a User’s access for uploading such material in violation of the Terms at any time, without prior notice and at its sole discretion.
    7. Kaltura will respond to notices of alleged copyright infringement related to the Website and/or Service that comply with applicable law in accordance with the Kaltura DMCA Takedown Policy available here: https://corp.kaltura.com/legal/compliance/dmca-takedown-policy/
    8. You understand that when using the Website, you may be exposed to User Submitted Media from a variety of sources and that Kaltura is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submitted Media. You further understand and acknowledge that you may be exposed to User Submitted Media that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kaltura with respect thereto.
    9. Kaltura permits you to link to materials on the Website for personal, non-commercial purposes. In addition, Kaltura provides an “Embeddable Player” feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website. In addition, Kaltura may provide, now or in the future, the ability to access its content or User Submitted Media in a programmatic manner using APIs and related services. Use of the Embeddable Player, API and/or related services is provided so long as any links back to the Kaltura website are not disabled. Kaltura reserves the right to discontinue any aspect of the Kaltura Website and/or Service, including streaming of content to the Embeddable Player and/or calls to the API or related services at any time, without notice.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE KALTURA WEBSITE AND/OR SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KALTURA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND/OR SERVICE AND YOUR USE THEREOF. KALTURA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, FINANCIAL INFORMATION AND/OR ANY OTHER DATA STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICE.  KALTURA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KALTURA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability

    1. IN NO EVENT SHALL KALTURA, ITS OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF KALTURA’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, FINANCIAL INFORMATION, AND/OR ANY OTHER DATA STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    2. YOU SPECIFICALLY ACKNOWLEDGE THAT KALTURA WILL NOT BE LIABLE FOR USER SUBMITTED MEDIA OR THE DEFAMATORY, INFRINGING, OFFENSIVE, OR OTHERWISE ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

8. Indemnity

You agree to defend, indemnify and hold harmless Kaltura, its subsidiaries, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from or related to: (i) your use of and access to the Website and/or Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Submitted Media caused damage to a third party. This defense and indemnification obligation shall survive the termination and/or expiration of this Agreement.

9. Ability to Accept Terms

You affirm that you are either more than 18 years of age, an emancipated minor, or that You possess legal parental or guardian consent, and that You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Kaltura Website and Service are not intended for children under the age of 13. If you are under 13 years of age, then please do not use the Kaltura Website or Service—there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.

10. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kaltura without restriction.

11. General

    1. You agree that: (i) the Website and Service shall be deemed solely based in the State of New York; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Kaltura, either specific or general, in jurisdictions other than in the State of New York. This Agreement shall be governed exclusively by the internal laws of the State of New York, without regard to its conflicts of laws rules. Each party hereby consents to the exclusive jurisdiction of the state and federal courts located in the State of New York to adjudicate any dispute arising out of or relating to this Agreement. These Terms, together with the Privacy Policy published at https://corp.kaltura.com/legal/privacy/privacy-policy/ and any other legal notices published by Kaltura on the Website, shall constitute the entire agreement between you and Kaltura concerning the Website and/or Service. If a court of competent jurisdiction deems any provision of these Terms invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Kaltura’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
    2. Kaltura integrates with third-party services (e.g., Zoom, Webex, YouTube) to automate the ingestion of media assets from the third-party service to the Services. By using these third-party integrations, you agree and acknowledge that media assets ingested from third-party services and associated with your Kaltura account are processed according to the same guidelines that apply to your other media assets and data stored on the Services. Retention of media assets ingested from third-party services is controlled by you, and you may choose to retain such media assets even after ending your relationship with the third-party service. Processing and retention of data from third-party services may also be subject to the privacy policies and terms of use of those third-party services. In particular, Kaltura’s YouTube integration uses the YouTube API Services. By using Kaltura’s YouTube integration, you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms) and acknowledge that such use is subject to Google’s Privacy Policy (https://www.google.com/policies/privacy). In addition to Kaltura’s normal procedures for managing and deleting the media assets, you can manage and revoke the Kaltura YouTube integration’s access to data via the Google security settings page at https://security.google.com/settings/security/permissions.

12. Participation in Virtual Events

Without limiting the generality of the foregoing, the following terms and conditions apply when you register, attend, and/or participate in any virtual event (each an “Event”) that you access via the Website and/or the Services. As used in this agreement, the term “Attendee” shall mean all participants in an Event, including attendees, speakers, and sponsors. By registering, attending, or participating in an Event, you acknowledge and accept the terms below.

      1. Code of Conduct. To help create a safe, productive, and welcoming Event experience for everyone, Kaltura requests that all Attendees comply with the following Code of Conduct. All Attendees shall be respectful and considerate towards everyone you engage with at the Event, and keep messages informative, useful, and relevant to when interacting with other Attendees during the Event. Attendees shall not: (i) harass, abuse, demean, or threaten those you engage with at the Event or express hatred towards any person for any reason; (ii) use the Website and/or the Services for commercial or advertising purposes or to spam other Attendees; (iii) post or share any content that is defamatory or obscene, or that infringes on a third party’s intellectual property rights during the Event or via the Website and/or the Services; or (iv) engage in harmful or criminal conduct of any kind.Reporting Code of Conduct Violations. If you have been (or notice that someone else has been) impacted by an Attendee failing to adhere to the Code of Conduct or otherwise have concerns about inappropriate or prohibited behavior, please contact a member of the Kaltura team or by emailing [email protected].Consequences of Violating the Code of Conduct. Unacceptable behavior will not be tolerated at any Event. If you violate the Code of Conduct, Kaltura reserves the right to cancel your Event registration without warning and/or deny you access to the Event. You may also be prohibited from registering for or attending future Events.
      2. Multimedia Policy. Attendees may not record or broadcast any sessions of any Event. In addition, Attendees may not make any audio or video recordings of any meetings, breakout room discussions, virtual networking sessions, or any other activity with other Attendees during any Event without the prior written consent of all other Attendees participating in such activity. By attending an Event, you acknowledge and agree that Kaltura may record, film, live stream, photograph, or otherwise capture any portion of the Event, including your voice and/or image, in any media. Kaltura may edit such media, use such media alone or together with other materials, or authorize others to use such media for marketing and promotional purposes and for any other lawful purpose in the ordinary course of its business.
      3. Guest Speakers. Kaltura may invite guest speakers from various industries to share their perspectives on relevant topics. Guest speakers are not Kaltura employees or representatives. Guest speaker views and opinions are entirely their own and do not necessarily reflect Kaltura’s views and opinions.
      4. Chat & Collaboration. In using the Chat & Collaboration feature, you must comply with these Terms of Use. If you’d prefer to not participate in group and one-to-one conversations, turn ‘Enable chat’ off. If you choose to participate in group and one-to-one conversations, turn ‘Enable chat’ on. Your name, company name, and job title will appear in the event’s attendee directory that will be accessible to all attendees. Your full name will appear in all chats (e.g., one-to-one conversations, virtual meeting rooms, and customer support conversations). If you prefer that only your first name appears in one-to-one conversations, turn ‘Show full name’ off. Your full name will still appear in virtual meeting rooms and customer support conversations. Transcripts of all chats (e.g., group chats, one-to-one conversations, virtual meeting rooms, and customer support conversations) will be retained by Kaltura for safety and security purposes.
      5. Data Protection and Personal Information. Kaltura uses the personal information that you provide during Event registration to manage your participation in the Event. This may include contacting you with information about the Event agenda, contents, and other updates. In addition, Kaltura may share your contact information with Event sponsors if (i) you choose to attend any sessions or participate in other activities involving any sponsors during the Event (in which case we would provide your contact information only to the sponsor involved in such session or other activity) or (ii) you consent to receive communications from Event sponsors. Kaltura may disclose your personal information to third-party service providers we engage to organize and support the Event (including but not limited website hosting and analytics service providers and marketing and communications service providers). Except as described in this section, Kaltura will not share your personal information with any other third party unless required to do so by applicable law. For more information, please see Kaltura’s Privacy Policy available here: https://corp.kaltura.com/privacy-policy.

     

    Last Updated March 1, 2022

     

Privacy Policy

Kaltura Privacy Notices

These privacy notices provide important information about how Kaltura, Inc. (“Kaltura”) collects, uses, processes, protects, and discloses information when you use the Kaltura Websites and the Kaltura Platform.

Our Privacy Notice for the Kaltura Websites details the kinds of Personal Information we collect when you visit the various websites that we operate and how we manage and use that information.

Our Privacy Notice for the Kaltura Platform details the kinds of Personal Information that are collected when you use or interact with the Kaltura Platform through an Account Owner’s account.

These notices include legal information about your privacy rights, how you can exercise your legal rights, and how to contact Kaltura.

Kaltura may update these Privacy Notices at any time without prior notice. Any such changes will become effective prospectively from the date of publication. These Privacy Notices were last updated on March 1, 2022. We encourage you to check this page frequently for any changes to our Privacy Notices.

Any inquiries, concerns, or requests regarding the use or disclosure of your Personal Information should be directed to Kaltura’s data protection officer at: [email protected].

Privacy Notice for the Kaltura Websites

This privacy notice contains important information about how Kaltura, Inc. (“Kaltura”) collects, uses, processes, protects, and discloses information when you use the Kaltura Websites.

Please visit the Terms of Use for further conditions governing your use of the Kaltura Websites.

  1. What this Privacy Notice covers

This policy describes how Kaltura treats Personal Information that we collect, receive, process, store, distribute, and display via the Kaltura Websites, including email, text, and other electronic communications between you and Kaltura.

For our privacy notice on information collected on the Kaltura Platform visit: Privacy Notice for the Kaltura Platform.

In this policy, “you” means any person or organization that is authorized to use the Kaltura Platform or Website; “we” or “us” means Kaltura, including our subsidiaries and affiliates.

The “Kaltura Websites” or “Websites” are websites and apps belonging to Kaltura.

“Marketing Partners” are trusted third parties providing us with services and data for marketing purposes or conducting joint marketing activities with us.

“Personal Information” is information about you that is personally identifiable by name or can be linked to you through a personal identifier like your address, e-mail address, phone number, or location. This definition is given here for the purpose of this notice only, and some laws may use a different definition. If you are asserting your rights under law, the applicable legal definition governs your rights.

  1. When does Kaltura collect Personal Information?

In general, Kaltura collects Personal Information about you in the following situations:

  • When you visit the Kaltura Websites
  • When you register through one of the Kaltura Websites for online or in-person events organized by Kaltura and/or our business partners
  • When you sign up to receive Kaltura’s email newsletter, blog updates, or other communications from Kaltura
  • When you participate in a Kaltura survey
  • When you communicate with Kaltura, post information to a blog or community forum, or upload user submitted media.
  • When you enter promotions and contests offered by Kaltura
  • When you submit your resume or other Personal Information through the Kaltura Websites in connection with a job application

Provision of this information to Kaltura is not mandatory. However, you will not be able to access and use the Kaltura Websites and communicate with Kaltura without disclosing some Personal Information to Kaltura.

  1. What categories of Personal Information we collect?

Through the Kaltura Websites, we may collect Personal Information that you voluntarily provide, such as your name, email address, location, professional title and affiliation, and interests. We also record your communications preferences when you sign up to receive email communications from Kaltura.

In addition, like most other websites, when you visit any of the Kaltura Websites, Kaltura automatically receives and records information from a variety of sources, such as information from your browser, device, Kaltura and third-party cookie information, web beacons, VAST tags, pixel tags, social media buttons, URL links, and other methods. Information collected automatically through these sources include your activity on the Kaltura Websites and unique identifiers such as your IP address and device ID.

We collect Personal Information about potential business customers and partners from our Marketing Partners and public sources.

Although some information collected automatically is not personally identifiable, we or our Marketing Partners may, to the extent permitted by applicable law, aggregate or combine this information with information from other sources, both public and non-public (such as data brokers and organizers of conferences you attended who have your permission to transfer information to us, and information available publicly on the Internet). Combining information from various sources could make anonymous information identifiable as Personal Information or add to the Personal Information we already have about you.

  1. The purposes for which we use your Personal Information

We use your Personal Information from the Kaltura Websites solely for certain legitimate business purposes, which include some or all of the following:

  • Contacting you and sending you communications that we think will be of interest to you.
  • Providing you the information you request through our Websites.
  • Remembering information you previously entered on our Websites to enhance, modify, personalize, or otherwise improve your experience on our Websites.
  • Improving our Websites, services, and products.
  • Customizing the advertising and content you see.
  • Conducting research and providing statistical reporting to understand how individuals interact with our Websites and determine the effectiveness of promotional campaigns and advertising.
  1. Children

The Kaltura Websites are not intended for children and we do not permit children to register on Kaltura Websites.

If we become aware that we have inadvertently received or collected Personal Information pertaining to a child under the age of consent in the jurisdiction where the child is located without valid consent, we will delete such information from our records.

  1. Cookies and other activity tracking technologies

We use cookies and other technologies such as web beacons, tags and other technologies to collect information about usage of Kaltura Websites and interaction with emails that we have sent.

When you visit Kaltura Websites, our servers or an authorized third party may place a cookie on your browser. The cookie can collect information, including Personal Information, about your online activities. Cookies allow us to track usage of the Kaltura Websites and provide you with a better browsing experience.

We also use web beacons on the Kaltura Websites. For example, web beacons may be placed in marketing emails to notify us when you click on a link in the email and are directed to a Kaltura Website. Web beacons are used to improve the Kaltura Websites, enhance our email communications, and track the success of our promotional campaigns.

Please see below for details about how we use different categories of cookies and other tracking technologies, as well as how you can manage cookie settings:

  1. Functional cookies – We use functional cookies to retain information you entered (such as your language or your geographic region) and collect information about how the Kaltura Websites are used. We may use third-party technology to track and analyze usage information to improve how the Kaltura Websites function, improve your browsing experience, provide more relevant communications, and track the performance of our advertisements. To manage the use of functional cookies on the Kaltura Websites, consult your individual browser settings for cookies. You can also visit https://www.aboutcookies.org/ for more information on managing cookies. Note that disabling these cookies may impact functionality when using the Kaltura Websites.
  2. Advertising cookies – We or authorized third parties may use cookies to show you ads for our products that we think may interest you on any devices you may use. You may see advertisements for Kaltura’s products on other websites or mobile applications on any of your devices. These cookies also help us manage and track the effectiveness of our marketing efforts. To manage the use of advertising cookies on the Kaltura Websites, consult your individual browser settings for cookies. In addition, many ad networks have joined the Digital Advertising Alliance’s self-regulatory program to provide a single opt-out tool at: https://www.aboutads.info and at the European Interactive Digital Advertising Alliance (EDAA) website: https://youronlinechoices.eu. However, Kaltura does not guarantee that using these tools will prevent online behavioral tracking using cookies through our Websites. At present, Kaltura and our third-party Marketing Partners do not honor Do Not Track signals set by some browsers. If you wish to avoid behavioral tracking by ad networks, please choose from the available methods for doing so or refrain from using the Kaltura Websites.
  3. Social media buttons – The Kaltura Websites use social media buttons, such as the Facebook “like” button, the “Tweet” button and other sharing functions (collectively, “Social Media Buttons”). Through the Social Media Buttons, you may have the option to post information about your activities on the Kaltura Websites to your profile page on a third-party social media network and share with others within your network. Cookies may be set by the respective social media networks to track your online activity. Kaltura has no direct control over the information that is collected by these third parties. Your interactions with Social Media Buttons are governed by the privacy policies of the respective social media networks.
  1. Editing and deleting your Personal Information and preferences and opting out of communications and direct marketing.

You can review, correct, edit, or delete the information that you provided to us by sending us an e-mail request at [email protected]. Please note that we may need to verify your identity before processing your request. You may elect to “opt out” of receiving direct marketing or being included in market research information. You can opt out of receiving email communications by following the instructions through the unsubscribe option in Kaltura’s emails. You may also opt out at any time, edit your account information, or delete your account entirely by sending an e-mail request to [email protected] (please indicate “Opt Out” in the subject line).

New categories of communication and notification might be added to the Preferences page of the Kaltura Community Forum from time to time. You can opt out of receiving future communications from these new categories or you can unsubscribe and block future messages by following instructions through the unsubscribe option in those messages.

If you are a Kaltura Platform Account Owner, you will continue to receive certain communications pertaining to your Kaltura Platform account such as service announcements and administrative messages even if you opt out of marketing communications from Kaltura.

While we will try to comply with any request pertaining to your Personal Information in accordance with applicable law, please be aware that we may not be able to fulfill requests pertaining to information already shared with third parties. Some information may be retained on our systems for record-keeping purposes, and some residual digital information cannot be removed or changed.

  1. Disclosure of Personal Information to third parties

We do not sell, disclose, or share Personal Information about you with third parties except under the following circumstances and for the following purposes:

  • When we have your permission to provide you with services you requested and to carry out your instructions.
  • When required by law to respond to subpoenas, court orders, or legal process by public authorities, including disclosures required by national security or law enforcement agencies.
  • When we need to establish or exercise our legal rights, or to defend against legal claims, or when we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, data breaches, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Kaltura’s Terms of Use, or as otherwise required by law.
  • We may transfer your Personal Information if Kaltura is acquired by or merged with another company, to ensure the continuity of our business and services. In such an event, Kaltura will make a public announcement before information about you becomes subject to a different privacy policy.
  • When we conduct joint webinars or marketing events with business partners, we may share participant contact information with such business partners for their marketing use.
  • We may share your Personal Information with third-party service providers or vendors that we engage to support Kaltura’s business and/or the Kaltura Websites. Examples include providers of website hosting services, website analytics services, and marketing and communication services. These third parties are authorized to process your Personal Information solely for the purposes of providing the relevant services to Kaltura.

Kaltura and its affiliates are located in different regions around the world, and Kaltura works with strategic partners across different industries, categories of business, and in different jurisdictions. By accessing the Kaltura Websites, your information may be transferred outside of your local jurisdiction.

  1. Retention of information

We may retain your information (including Personal Information) for any lawfully permitted period of time, and as necessary to comply with our legal and contractual obligations, enforce our agreements, and enable us to investigate events and resolve disputes.

  1. Kaltura blogs and discussion forums

If you participate in a Kaltura blog, discussion forum, or other parts of our Websites that allow you to post your comments, you should be aware that the information you provide there may be made broadly available to others, potentially inside and outside Kaltura, who have access to that blog or discussion forum. Blogs and discussion forums are monitored by Kaltura, and we reserve the right to remove your content at our discretion. Each participant’s opinion on a blog or discussion forum is his or her own.

  1. Third-party sites

The Kaltura Websites include links to other websites owned or operated by third parties, such as our channel partners who provide products and services that can be used together with Kaltura’s products and services. Kaltura is not responsible for the privacy or security practices of any third-party websites, which are governed by their own privacy policies.

  1. Confidentiality, security, and data integrity

We take great precautions to protect the integrity of your Personal Information. However, no data transmission over the Internet or any other network can be guaranteed to be 100% secure. While we strive to protect information transmitted on or through our Websites, we cannot and do not guarantee the security of any information you transmit.

To learn more about security, including the security measures we have taken and steps you can take to enhance the security of your information when using the Kaltura Websites, please contact us at [email protected].

  1. Rights of California Residents under the California Consumer Privacy Act of 2018 (CCPA)

If you are a resident of the State of California in the United States, you are entitled to certain rights under the California Consumer Privacy Act of 2018 (CCPA). The categories of Personal Information we collect about or from you are described in section 3 above, and the business purposes for which we collect such Personal Information are described in section 4 above.

As a business subject to the CCPA, Kaltura does not sell Personal Information. Kaltura may share Personal Information with third-party service providers or business partners for our own business purposes as described in section 8 above. However, we disclose your Personal Information to these third parties only where you have consented to disclosure of Personal Information to such third parties or where such third parties have agreed to contractual limitations around their use, retention, and disclosure of Personal Information.

As a resident of the State of California, you have the following rights under the CCPA:

  • You have the right to request access to the Personal Information we collect from or about you.
  • You have the right to request details about how we process or disclose your Personal Information.
  • You have the right to request that we delete the Personal Information we have collected about you, subject to certain exceptions.
  • You have the right to not be denied any goods or services for exercising your rights under the CCPA.

To exercise any of these rights, you may contact Kaltura by following the instructions in section 16 below. We may need to verify your identity before we are able to process your requests.

  1. Rights of European Data Subjects under the General Data Protection Regulation (GDPR)

If you are in one of the EU/EEA countries, you are entitled to certain rights under the General Data Protection Regulation (GDPR) EU Regulation 2016/679 and applicable national data protection regulations.

By visiting the Kaltura Websites or communicating with Kaltura, you acknowledge that we may process your Personal Information for the purposes described above, either on the basis of your consent or if we have other lawful grounds to do so. Under the GDPR, you have the following rights with respect to your Personal Information:

  • You have the right to withdraw consent to processing, where consent is the basis of processing. For the Personal Information we collect on the Kaltura Websites, this means you may withdraw your consent to processing by leaving the Kaltura Websites, suspending your account if you have registered on our Websites, and requesting that we delete your Personal Information by contacting us at [email protected].
  • You have the right to access your Personal Information that we hold and request further details about how we process it, under certain conditions.
  • You have the right to demand rectification of inaccurate Personal Information about you. We will promptly correct any information found to be incorrect.
  • You have the right to object to unlawful data processing under certain conditions.
  • You have the right to erasure of past data about you (your “right to be forgotten”) under certain conditions.
  • You have the right to demand that we restrict processing of your Personal Information, under certain conditions, if you believe we have exceeded the legitimate basis for processing, processing is no longer necessary, or if you believe your Personal Information is inaccurate.
  • You have the right to data portability of Personal Information concerning you that you provided us in a structured, commonly used, and machine-readable format, subject to certain conditions.
  • The Personal Information we collect on the Kaltura Websites is not used for automated decision making and profiling, except for automated processes in the context of marketing. As stated above, you can opt-out of direct marketing by Kaltura by contacting Kaltura directly or by following the instructions through the unsubscribe options in our email messages.
  • You have a right to complain to a data protection supervisory authority in your country if you believe that Kaltura is processing your Personal Information in violation of applicable laws.

To exercise any of these rights, you may contact Kaltura by following the instructions in section 16 below. We may need to verify your identity before we are able to process your requests.

Kaltura’s representative in the EU for the purposes of compliance with the GDPR is Kaltura Germany GmbH, Kaltura’s Germany-based subsidiary, which may be contacted at:

Kaltura Germany GmbH

c/o Mazars GmbH & Co. KG

Theodor-Stern-Kai 1

60596 Frankfurt am Main

Deutschland

Tel:      +1 800 871 5224

Email:  [email protected]

To learn more about your rights under the GDPR you can visit the European Commission’s page on Protection of Personal Data, at: https://ec.europa.eu/justice/data-protection/index_en.htm

  1. Cross-border Personal Information transfers

Kaltura is a global organization headquartered in the United States and has legal entities, business functions, and systems in countries around the world.

We may share your Personal Information within Kaltura and transfer it to countries in the world where we do business, including to the United States. Therefore, your Personal Information may be processed in countries with privacy laws that are different from privacy laws in your country or in countries that are not subject to an adequacy decision by the European Commission. Regardless of location, Kaltura handles Personal Information as described here, and we take care to ensure that our employees, agents and strategic partners in other countries act in a manner consistent with this privacy notice. Kaltura ensures that the recipient of your Personal Information provides appropriate safeguards, including by entering into data processing agreements incorporating, where required, standard contractual clauses or an alternative mechanism for the transfer of personal data as approved by the European Commission or other applicable regulator.

  1. Contacting Kaltura about this Privacy Notice

Any inquiries, concerns, or requests regarding the use or disclosure of your Personal Information should be directed to Kaltura’s data protection officer at: [email protected].

You may also send inquiries to the following address:

Kaltura, Inc.

860 Broadway, 3rd Floor

New York, NY 10003

Attention: Legal Counsel

  1. Changes to this Privacy Notice

Kaltura may update this Privacy Notice at any time without prior notice. Any such changes will become effective prospectively from the date of publication. This Privacy Notice was last updated on March 1, 2022. We encourage you to check this page frequently for any changes to our Privacy Policy.

Privacy Notice for the Kaltura Platform

This privacy notice explains how Kaltura, Inc. (“Kaltura”) collects, uses, processes, protects, and discloses information on the Kaltura Platform.

Please visit the Terms of Use for further conditions governing your use of the Kaltura Websites.

  1. What this Privacy Notice covers

This policy describes how Kaltura handles Personal Information on the Kaltura Platform.

For our privacy notice on information related to the Kaltura Websites and other communications with Kaltura go to: Privacy Notice for the Kaltura Websites.

In this policy, “you” means any User that is authorized to use the Kaltura Platform through an Account Owner’s account; “we” or “us” means Kaltura, including our subsidiaries and affiliates.

“Account Owner” means the individual(s) or organization(s) that have permission to use the Kaltura Platform to provide services and distribute media from their account.

“Kaltura Platform” means the cloud-based hosted services, APIs, plug-ins, applications, media players, custom websites, and storage provided by Kaltura to Account Owners.

“Partner” means trusted third parties and business associates that provide us with some of the services that we provide to you. For example, our Partners include content distribution networks (CDNs), third-party platforms that are integrated with the Kaltura Platform via APIs or plug-ins, and third-party services you can access through the Kaltura Platform.

“Personal Information” is information about you that is personally identifiable by name or can be linked to you through a personal identifier like your address, e-mail address, phone number, or location, and which is not otherwise publicly available. This definition is given here for the purpose of this notice only, and some laws may use a different definition. If you are asserting your rights under law, the applicable legal definition governs your rights.

“Users” are those individuals (such as, customers, subscribers, viewers, employees, staff, faculty, student, members, or other persons) who are authorized by an Account Owner to access video, audio, and/or other content from their account.

  1. Kaltura is a Data Processor

The Kaltura Platform is a set of online hosted software (“SaaS”) tools for hosting, managing and distributing video content over the Internet. We make accounts on the Kaltura Platform available to Account Owners that are paying customers, free trial users, and business partners. Information uploaded and stored on the Kaltura platform is associated with a given account. In each case, the Account Owner is the Data Controller of the Personal Information of its Users on that account. Kaltura is the Data Processor carrying out data processing activities and instructions on behalf of each Data Controller.

  1. Disclosures of information under Account Owner control

Account Owners use the Kaltura Platform to store, process, and distribute videos and other information belonging to them or their Users through their websites, apps, or other comparable means. Depending on the configuration of the Kaltura Platform selected by the Account Owner, media and other information on the Account Owner’s account may be viewable to the general public or to limited audiences. As the controller of Personal Information on the Kaltura Platform, Account Owners are responsible for maintaining the privacy of Personal Information pertaining to their Users.  Kaltura is not responsible for disclosures of information made by Account Owners and their Users through such Account Owners’ respective accounts. When we process your Personal Information on behalf of an Account Owner, it is that Account Owner’s responsibility to protect your privacy.

If you are concerned about your privacy while interacting with services provided by a Kaltura Account Owner, you should address requests and inquiries relating to your Personal Information directly to that Account Owner. If you contact us regarding information associated with an Account Owner’s account, we may forward your requests or inquiries to the relevant Account Owner.

  1. When is your Personal Information collected on the Kaltura Platform?

When you interact with the Kaltura Platform through an Account Owner’s account, Kaltura collects your Personal Information. Examples of activities where you might interact with the Kaltura Platform include:

  • Viewing videos on the Internet provided from a Kaltura Platform account.
  • Uploading content to the Kaltura Platform.
  • Appearing on videos hosted on the Kaltura Platform.
  • Using applications connected to the Kaltura Platform, logging in to applications connected to the Kaltura Platform, or downloading a Kaltura mobile application.
  • Interacting with the Kaltura APIs.
  • Opening a free trial account or other partner account for the Kaltura Platform.
  • Downloading a Kaltura application from sites like the Apple App Store and Google Play.
  • Interacting with Kaltura on behalf of an Account Owner (for example, if you are an Account Owner’s account or business administrator or a technical contact you may provide your contact information to Kaltura for service or billing purposes).
  1. What Personal Information do we collect about you on Kaltura Platform accounts?

When you use the Kaltura Platform as a User through an Account Owner’s account, the following categories of Personal Information may be collected and processed:

  1. Information you upload – If you are authorized to upload videos to a Kaltura account, the video content and metadata that you upload may potentially include Personal Information about you and/or other third parties.
  2. Information provided by the Account Owner – The Account Owner may enter or create Personal Information about you on its account. For example, your information may be included in the Account Owner’s authorized User lists, access permissions, or in audio or video content and/or metadata.
  3. Traffic information, instructions, and activity on the Kaltura Platform – When you interact with the Kaltura Platform, the system collects the traffic information needed to deliver your actions and instructions over the Internet. Personal Information about you may include IP addresses, and URLs used to deliver content to you, and the Kaltura Platform may collect other system information such as MAC addresses to allow the system to recognize your devices. The Kaltura Platform uses cookies to remember your preferences and/or support the use of digital rights management systems.
  4. Passwords and login credentials – When you log in to the Kaltura Platform, we collect the user IDs and passwords used in order to access the Kaltura Platform. When you log in to other Account Owner systems that are connected to the Kaltura Platform (such as single sign-on systems or third-party portals), depending on the configuration of those systems, the Kaltura Platform may receive user login credentials or an anonymous identifier or token.

Contact and billing information – If you are a Kaltura Account Owner, we collect your contact and billing information.

  1. How we use your Personal Information

We use your information solely for the following purposes:

  • Provide the services and functions you requested from the Account Owner and performing your actions and instructions on the Kaltura Platform through the Account Owner’s account.
  • Providing support, service notices, billing, and other account-relevant information to Account Owners.
  • We use the Account Owner’s contact and billing address to send Account Owners offers and promotional information.
  • Creating aggregate statistics and analytics information for Kaltura’s own use and our Account Owners’ respective use.
  • We may use content on an Account Owner’s account to troubleshoot and resolve service issues on that Account Owner’s account.
  • We use traffic information and aggregated user information to better monitor the performance of the Kaltura Platform, track account usage, and test and improve the Kaltura Platform.
  1. Audit logs

The activity on the Kaltura Platform production servers is logged within the system for the purpose of providing Kaltura Account Owners and Partners with statistical analysis of use, and to enable us to monitor the system, perform security audits, track errors, report activity via the system, and to comply with data retention rules and internal policies.

We use commercially reasonable methods to keep production logs secure and do not use them for any other purpose or share them with third parties except for permitted disclosures to third parties as detailed below.

  1. Sharing information with Partners

We rely on certain trusted third-party Partners to provide part of the services and functions that make up the Kaltura Platform. For example, we transmit video content via third party content delivery networks (CDNs).

Kaltura does not share your information, including Personal Information, with any third parties other than our Partners except in the limited circumstances detailed below. Our Partners do not have permission to use your Personal Information for any purpose other than to provide to Kaltura the services we require to serve our Account Owners.

The Kaltura Platform is designed to interoperate with different systems.  Our Account Owners may choose to integrate the Kaltura Platform with their own systems or with other third-party services of their designation. Kaltura is not responsible for systems connected to the Kaltura Platform that are not under our control.

  1. Cookies and other activity tracking technologies

The Kaltura Platform uses certain persistent first-party cookies to provide the best user experience and remember your preferences on the Kaltura Platform.

The Kaltura Platform does not place third-party cookies on your devices. However, elements of the Kaltura Platform, such as the Kaltura player may send information about your activities on the Kaltura Platform to cookies placed by others (such as ad networks) on your devices through web beacons, VAST tags, and other technologies. Other parties’ cookies are subject to their own privacy policies.

Most Internet browsers have options for controlling, disabling, and deleting cookies on your computer. To learn how to control cookies using your browser settings, visit https://www.aboutcookies.org/. In addition, many ad networks have joined the Digital Advertising Alliance’s self-regulatory program to provide a single opt-out tool at: https://www.aboutads.info and at the European Interactive Digital Advertising Alliance (EDAA) website: https://youronlinechoices.eu. However, Kaltura does not guarantee that using these tools will prevent online behavioral tracking using cookies through the Kaltura Platform.

  1. Disclosure of Personal Information to third parties

Your Personal Information on a Kaltura Platform account is controlled by the Account Owner. We do not disclose your Personal Information to third parties except under the following circumstances and for the following purposes:

  • When we have the Account Owner’s permission, in order to provide the Account Owner with services it requests.
  • When required by law to respond to subpoenas, court orders, or legal process by public authorities, including disclosures required by national security or law enforcement agencies.
  • When we need to establish or exercise our legal rights, or to defend against legal claims, or when we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, data breaches, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Kaltura’s Terms of Use, or as otherwise required by law.
  • If Kaltura is acquired by or merged with another company, the Kaltura Platform (including the information stored on Account Owner’s respective accounts) may be transferred to another entity.
  • With our Partners, as described above.
  1. Receipt of information from third parties

Kaltura integrates with third-party services (e.g., Zoom, Webex, YouTube) to automate ingestion of media assets from the third-party service to the Kaltura Platform. Media assets ingested from third-party services and associated with an Account Owner’s account are processed according to the same guidelines that apply to the Account Owner’s other media assets and data stored on the Kaltura Platform. Retention of media assets ingested from third-party services is controlled by the Account Owner, who may choose to retain such media assets even after ending its relationship with the third-party service.

Processing and retention of data from third-party services may also be subject to the privacy policies and terms of use of those third-party services. In particular, Kaltura’s YouTube integration uses the YouTube API Services. Account Owners using Kaltura’s YouTube integration agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms) and are subject to Google’s Privacy Policy (https://www.google.com/policies/privacy). In addition to Kaltura’s normal procedures for managing and deleting the media assets, Account Owners can manage and revoke the Kaltura YouTube integration’s access to data via the Google security settings page at https://security.google.com/settings/security/permissions.

  1. Retention of information

We may retain your information (including Personal Information) on the Kaltura Platform for any lawfully permitted period of time, and as necessary to comply with our legal and contractual obligations, enforce our agreements, and enable us to investigate events and resolve disputes.

  1. Confidentiality, security, and data integrity

We take great precautions to protect the integrity of your Personal Information. However, no data transmission over the Internet or any other network can be guaranteed to be 100% secure. While we strive to protect information on the Kaltura Platform, we cannot and do not guarantee the security of any information you transmit.

To learn more about security, including the security measures we have taken and steps you can take to enhance the security of your information when using the Kaltura Platform, please contact us at [email protected].

  1. Rights of California Residents under the California Consumer Privacy Act of 2018 (CCPA)

If you are a resident of the State of California in the United States, Kaltura has certain obligations as a service provider towards Account Owners regarding your Personal Information under the California Consumer Privacy Act of 2018 (CCPA). As a service provider, Kaltura processes Personal Information solely for the purpose of providing the services specified in the contracts between Kaltura and the Account Owners. Kaltura does not process Personal Information collected through an Account Owner’s account for any other purpose.

If you are concerned about your privacy while interacting with services provided by a Kaltura Account Owner, you should address requests and inquiries relating to your Personal Information directly to that Account Owner. If you contact us regarding information associated with an Account Owner’s account, we may forward your requests or inquiries to the relevant Account Owner.

To learn more about your rights under the CCPA, you can visit the California Office of the Attorney General’s page on the CCPA at: https://oag.ca.gov/privacy/ccpa.

  1. Rights of European Data Subjects under the General Data Protection Regulation (GDPR)

If you are in one of the EU/EEA countries, Kaltura has certain obligations as a data processor towards Account Owners regarding your Personal Information under the General Data Protection Regulation (GDPR).

The Account Owners, as data controllers, will be responsible for protecting your rights under the GDPR.

If you are concerned about your privacy while using services provided by a Kaltura Account Owner, you should address requests and inquiries relating to your Personal Information directly to that Account Owner. If you contact us regarding information on an Account Owner’s account, we may forward your requests or inquiries to the relevant Account Owner.

To learn more about your rights under the GDPR you can visit the European Commission’s page on Protection of Personal Data, at: https://ec.europa.eu/justice/data-protection/index_en.htm.

  1. Cross-border Personal Information transfers

The Kaltura Platform hosts and processes information in the United States and in other countries around the world. In addition, Kaltura staff may remotely access the Kaltura Platform from other countries where we conduct business operations.

In providing the Kaltura Platform and processing your Personal Information on behalf of an Account Owner, your Personal Information may be transferred to the United States or to other countries. Therefore, your Personal Information may be processed in countries with privacy laws that are different from privacy laws in your country or in countries that are not subject to an adequacy decision by the European Commission. Regardless of location, Kaltura handles Personal Information as described here, and we take care to ensure that our employees, agents and Partners in other countries act in a manner consistent with this privacy notice. Kaltura ensures that the recipient of your Personal Information provides appropriate safeguards, including by entering into data processing agreements incorporating, where required, standard contractual clauses or an alternative mechanism for the transfer of personal data as approved by the European Commission or other applicable regulator.

  1. Contacting Kaltura about this Privacy Notice

Any inquiries, concerns, or requests regarding the use or disclosure of your Personal Information should be directed to Kaltura’s data protection officer at: [email protected].

You may also send inquiries to the following address:

Kaltura, Inc.

860 Broadway, 3rd Floor

New York, NY 10003

Attention: Legal Counsel

  1. Changes to this Privacy Notice

Kaltura may update this Privacy Notice at any time without prior notice. Any such changes will become effective prospectively from the date of publication. This Privacy Notice was last updated on March 1, 2022. We encourage you to check this page frequently for any changes to our Privacy Policy.

 

GDPR FAQs

FAQ – Kaltura’s Compliance with European Union Data Protection Laws

Last Updated: February 2021

DMCA Takedown Policy

Reporting Claims of Copyright Infringement

Kaltura, Inc. (“Kaltura”) respects the intellectual property rights of others and expects its users to do the same.

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) or through the Kaltura service infringe your copyright, you may request removal of those materials (or access to them) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Legal Department
Kaltura, Inc.
860 Broadway, 3rd Floor, New York, NY 10003
+1 (646) 290-5445
[email protected]

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Kaltura Anti-Corruption Compliance Policy

1. Anti-Corruption Policy Statement

It is the policy of Kaltura Inc. and its subsidiaries (“we,” or the “Company”) to comply with all applicable anti-corruption laws and regulations in all countries in which the Company does business. This Policy addresses what we must do in order to comply with those laws and regulations. Any questions concerning this Policy should be referred to the Company’s General Counsel.

While local standards and practices may vary with respect to what is considered bribery, the Company’s policy can be summarized as follows: you may not improperly provide (or offer to provide), directly or indirectly, anything of value to anyone to obtain or retain business, to obtain a commercial advantage, or to receive favored treatment, anywhere in the world. Violations of this Policy may constitute violations of applicable anti-bribery and anti-corruption laws and may subject the Company and Covered Persons (as defined below) to serious penalties, including fines and even imprisonment.

2. Scope

This Policy is mandatory and applies to all directors, officers and employees of the Company, all contractors who devote all or substantially all of their time to the Company, and Covered Business Associates (as defined below) (collectively, “Covered Persons”). Any Covered Persons shall be provided with a copy of this Policy and shall certify their compliance with it pursuant to procedures established by the General Counsel.

3. Prohibition of Giving or Accepting Bribes

For purposes of this Policy, bribery is defined as the promising, offering, giving, requesting, agreeing to receive, accepting, or authorizing the giving or receiving, whether directly or indirectly, of any advantage (not necessarily financial) to induce or reward behavior that is “improper” (i.e., illegal, unethical, or a breach of a duty or expectation that a person will act in good faith, impartially, or in accordance with a position of trust). The Company is committed to carrying out its business worldwide ethically and without the use of bribery.

Covered Persons are prohibited from offering, promising, giving, providing, or authorizing, whether directly or indirectly, the provision of anything of value to obtain or retain business, an improper advantage, or favored treatment from any third party, or any other person with whom the Company does or anticipates doing business. Similarly, Covered Persons are prohibited from soliciting, receiving, or authorizing, whether directly or indirectly, the receipt of anything of value from anyone, including business partners and other third parties, doing business with or seeking to do business with the Company, for the purpose of obtaining an improper advantage with the Company or having an improper influence over a Covered Person’s judgment.

The term “anything of value” is very broad. It includes not only obvious bribes and kickbacks (e.g., rebating a portion of a contract payment to third parties or using consulting agreements to funnel payments to third parties), but also improper benefits, such as inappropriate gifts, educational assistance, potentially the hiring of relatives, unreasonable travel and entertainment expenses, medical care, and any financial or other advantage.

Even if bribes may be a customary and accepted way of doing business in a particular country, they are prohibited. A bribe does not have to be fully effectuated to be a violation of this Policy – offering a bribe that is never accepted, or never paid, is still a violation of this Policy.

4. Government Officials

Covered Persons are specifically prohibited from offering, promising, giving, or authorizing the giving of, anything of value, whether directly or indirectly, to Government Officials without the prior written approval of the General Counsel.

For the purposes of this Policy, the term “Government Official” is broad and includes any officer or employee of a government or any department, agency, or instrumentality or of a public international organization, or any person acting in an official capacity for or on behalf of such person. In addition, Government Official includes any: (i) officer, employee or person acting in an official capacity on behalf of a political party; (ii) a candidate for political office; (iii) an officer or employee of a state-owned or state-controlled company, regardless of the officer’s or employee’s rank or title; (iv) uncompensated honorary officials who have influence in the award of business; (v) members of royal families; (vi) any entity hired to review or accept bids for a government agency; (vii) officials, whether elected, appointed or under a contract, permanent or temporary, who hold a legislative, administrative, or judicial position of any kind in a country or territory; (viii) any person who performs public functions in any branch of the national, local, or municipal governments of a country or territory or who exercises a public function for any public agency or public enterprise of such country or territory; and (ix) spouses and other immediate family members of any of the persons listed above. A Government Official may also include any executive, officer, agent or employee acting in a business (even if privately owned) providing a service to the general public.

5. Facilitation Payments

Facilitation payments are modest payments made to a Government Official for the purpose of expediting or securing the performance of a routine, non-discretionary governmental action, such as expediting licenses or scheduling (but not approving) inspections.

While facilitation payments are permissible under certain applicable laws, such as the U.S. Foreign Corrupt Practices Act of 1977 (“FCPA”), Covered Persons are prohibited from making such payments. This Policy prohibits such payments except for in extreme circumstances (e.g., exigent circumstances in which an individual’s health, safe passage, or personal safety is threatened).

6. Extortion and Duress

Payments are not prohibited when they are in response to an imminent threat of physical harm. However, economic coercion, no matter how serious, does not constitute extortion or duress and is prohibited. Mere solicitation of a payment does not constitute extortion or duress.

If a payment is demanded under threat of imminent physical harm, such a payment should be made and promptly reported to the Company’s General Counsel, detailing the circumstances. The payment must also be properly recorded in the Company’s books and records.

7. Gifts, Business Entertainment and Hospitality

Giving and Receiving Gifts

The Company recognizes that accepting and providing reasonable and proportionate gifts and entertainment are a normal part of business, and this Policy does not prohibit such gifts and entertainment. The term “reasonable and proportionate” is not precisely quantified and requires the exercise of common sense. If a gift would be considered extravagant or excessive or if the gift would likely affect the recipient’s judgment, for example, in the context of an upcoming decision, approval or contract award, then the gift will be deemed unreasonable. Gifts in the form of cash or gift certificates are prohibited.

Prior to giving gifts or paying for entertainment or hospitality above certain threshold values as defined in the Gifts and Entertainment Expenses Approval document issued by the Vice President of Legal Affairs the expense must be approved by the appropriate person named in that document. Any questions regarding whether a gift is appropriate irrespective of value should be directed to the Company’s General Counsel.

Similarly, Covered Persons must ensure that the decisions they make on behalf of the Company are free from third-party influence. Accordingly, Covered Persons must promptly report any gifts of significant value offered to or received by them to the Company’s General Counsel, who will assess the propriety of keeping the gift.

The General Counsel will determine the threshold values from time to time and such values will be specified in the Gifts and Entertainment Expenses Approval document and communicated to Covered Persons.

Giving and Receiving Hospitality

Covered Persons may offer or receive infrequent, reasonable and appropriate business meals or entertainment, provided that business is discussed at those events and that the activity has a clear business purpose. An example would be the promotion, demonstration or explanation of the Company’s products or services, or the negotiation, execution or performance of a contract. Such activity shall not involve excessive expenditures. The guidelines for reasonable and appropriate activities shall be normal industry practice in the relevant locality consistent with local legal requirements. Further, reimbursement of such expenses will be subject to the Company’s procedures such as stating the participants and the purpose of the meeting. The General Counsel will determine the threshold values from time to time and such values will be specified in the Gifts and Entertainment Expenses Approval document and communicated to Covered Persons. In the event that the estimated cost of certain business entertainment is expected to exceed such estimate, prior written approval from the General Counsel is required.

There are occasions in which it may be appropriate for the Company to provide reasonable, bona fide hospitality to customers/potential customers, including Government Officials, such as paying for travel, meals, and business entertainment expenses (i.e., beyond occasional business meals or entertainment covered above). Such hospitality shall require written approval of the General Counsel in advance and be subject to the following general guidelines, to be applied on a case-by-case basis:

  • All costs incurred for business hospitality shall be supported by a business hospitality form to be submitted to the General Counsel.
  • All flights and hotel reservations will be arranged strictly in accordance with the standards and classes applicable to Covered Persons.
  • Only the following categories may be included in invitations: travel, lodging, reasonable meals and professional incidental expenses (visa application, local transportation, etc.). All other expenses shall be the responsibility of the customer/potential customer.
  • Invitations of Government Officials are exceptional events, and should therefore be handled with utmost sensitivity and caution by all involved. Any invitation of a Government Official requires the prior written approval of the General Counsel.
  • Any deviation from the above requires the approval in writing from the General Counsel.

Under no circumstances will hospitality consist of cash payments, and hospitality must never be offered or provided in exchange for any commercial advantage or favored treatment.

8. Political Contributions and Charitable Contributions and Government Grants

Company money, assets, property or other things of value may not be contributed, loaned, or made available to any foreign candidate, party, or political committee. The Company may, from time to time, make charitable contributions, which are limited to reasonable amounts as determined by the Company’s General Counsel. Under no circumstances should charitable contributions be made in an attempt to influence any decision or obtain an advantage. Also, the Company is prohibited from making contributions to a charity owned or controlled by a Government Official. Contributions to political parties or candidates by Covered Persons, acting solely in their personal capacities during their private time, may not involve the use of any Company funds, time, equipment, supplies or facilities.

It is the Company’s policy not to pursue or accept government grants. Any exception to this general prohibition must be approved in writing by the General Counsel.

9. Channel Program Partners and other Third Parties

Channel program partners, including resellers, referral partners, and original equipment manufacturer (OEM) partners, as well as all consultants, sales representatives and other third parties that act on behalf of the Company are referred to herein collectively as “Business Associates.” Business Associates that interact with a Government Official for or on behalf of the Company or that refer or engage with potential or actual customers of the Company (each, a “Covered Business Associate”) shall be required to abide by this Policy and/or to demonstrate that they are subject to a policy determined to be at least equally protective of the Company by the General Counsel. Other Business Associates shall be required to abide by this Policy if so directed by the General Counsel.

All payments made to a Business Associate must be reasonable in relation to the products sold to, or bona fide services rendered by, such Business Associate to or on behalf of the Company. Payments to a Business Associate should never be made in cash and should be made to the Business Associate’s bank account in the country where the services are performed or where the Business Associate’s offices are located. No payments shall be made to a Business Associate without detailed invoices that fully and accurately describe the services and expenses incurred.

Furthermore, the Company will conduct risk-based anti-bribery and anti-corruption due diligence prior to the engagement of a Covered Business Associate to ensure that it is a bona fide and legitimate entity, is qualified for the purpose of its engagement, and generally maintains standards consistent with the ethical and reputational standards of the Company. The Company recognizes that corruption risks can vary by location, type of transaction and customer, and, accordingly, this Policy requires enhanced diligence procedures for engaging with Business Associates in circumstances that present a higher perceived risk of corruption. The due diligence will be conducted in accordance with the due diligence guidelines attached to this Policy as Annex A.

Information identified and received during the due diligence process will be reviewed by the Finance and/or Accounting and/or Legal Departments, and/or by the Company’s Compliance Officer as applicable, and should be maintained by the Finance, Accounting, Legal or Compliance Department in a due diligence file regarding the potential Covered Business Associate.

Other appropriate measures to ensure the Company’s and Business Associates’ compliance with applicable law shall include the insertion of appropriate anti-bribery provisions in contractual agreements with such Business Associates. Prior to the Company entering into corporate acquisitions, joint ventures, and similar arrangements, Covered Persons will perform risk-based anti-corruption due diligence with respect to the potential transaction as a part of the Company’s standard due diligence procedures.

10. “Red Flags”

A “red flag” is a fact pattern, situation, request, or other circumstance that indicates a possible anti-corruption compliance risk. Annex B to this Policy includes examples of “red flags”, which are not exhaustive. In case of doubt whether a certain fact or information known to a Covered Person constitutes a “red flag”, please consult the General Counsel.

Covered Persons are required to monitor for and promptly report any “red flags” that raise anti-corruption concerns to the General Counsel.

11. Books and Records

The Company will maintain books and records that accurately reflect its transactions, use of Company assets, and other similar information, along with a reasonable system of internal controls. Covered Persons must ensure that: (i) gifts, business entertainment, hospitality, and other expenses are properly reported and recorded; (ii) payments made on behalf of the Company are supported by appropriate documentation; (iii) no payments to third parties are made in cash, unless pursuant to proper petty cash disbursements, and (iv) no Covered Person shall create or help to create any documents for the purpose of concealing any improper activity.

12. Mandatory Reporting; Safeguards Against Retaliation

The success of this Policy in preventing corruption relies on the diligence and commitment of all Covered Persons. Covered Persons must report any suspected violation of this Policy to the General Counsel. Covered Persons may also report such suspected violations anonymously. The General Counsel will maintain a log of all inquiries and suspected violations in connection with this Policy.

All such reports may be made in person or by letter, telephone, facsimile, e-mail, or other means and will be treated as confidential, to be used only for the purpose of addressing the specific problem(s) the reports concern. Such reports will be shared with the Company’s management, board of directors, and other authorized individuals only on a need-to-know basis. All Covered Persons shall cooperate fully, truthfully, and candidly with any inquiry conducted by or on behalf of the Company. Failure to provide such cooperation may result in disciplinary action, including termination of employment.

The Company will take no adverse action against Covered Persons who report violations of this Policy honestly and in good faith.

13. Training and Certification

The General Counsel will establish and conduct a suitable training program to help effectuate the compliance goals of this Policy, and will maintain records documenting the date and content of the training and names of attendees. In addition, all Covered Persons will be required to sign certifications of compliance with this Policy. The General Counsel will review this Policy at least annually to ensure it is effective and in accordance with current best practices, and will revise and update this Policy, as necessary.

14. Policy Annexes

The General Counsel may from time to amend the Annexes attached to this Policy.

15. Questions About This Policy

Please contact the General Counsel if you have any questions regarding the scope and reach of applicable anti-corruption laws and regulations, whether a particular payment or gift would be consistent with this Policy or otherwise relating to this Policy.

16. Delegations and Electronic Approvals

The General Counsel may delegate any of his or her duties under this Policy to appropriate legal, compliance or other officials in the Company.

The General Counsel may authorize any approvals required under this Policy or any related form(s) to be provided electronically, by email or otherwise, or in such other form as he or she considers appropriate.

Annex A

Due Diligence Guidelines

The purpose of conducting due diligence on Covered Business Associates in the context of this Policy is to verify, to the extent reasonably possible, their integrity and past track record in relation to bribery and corruption. The Company shall not enter into any business relationship with any Covered Business Associate, unless and until:

(a) the due diligence process has been completed for the Covered Business Associate, and

(b) the due diligence process has not revealed activities by the Covered Business Associate which would be inconsistent with the Company’s zero tolerance for bribery and corruption.

If exceptional circumstances exist in which the start of a relationship with a Covered Business Associate must begin before the completion of the due diligence process, written approval of the General Counsel is required and the process must be completed as promptly as possible and any temporary arrangement with the Covered Business Associate must be made contingent upon successful completion of the process. The nature of the due diligence will depend, among other things, on the nature of the relationship with and cooperation of the Covered Business Associate, the availability of public domain information and records on the Business Associate, and the cultural and political environment in which the Covered Business Associate is operating. For purposes of assessing the cultural and political environment in which a Business Associate is operating, the Company will refer to objective sources of information such as Transparency International (“TI”), which is available at https://www.transparency.org/.

Basic due diligence is required for screening all Covered Business Associates and shall include, at minimum, completion of an internal due diligence questionnaire pertaining to the potential Covered Business Associate by the Covered Person proposing to engage it, verification of the corporate registration of the entity, or the expertise of a person, the business address and general corporate history/structure that is publicly available. The General Counsel may exempt certain individual Covered Business Associates, or categories of Covered Business Associates from the requirement for an internal due diligence questionnaire or other aspects of this requirement based on an assessment that the potential risk for such Covered Business Associate or category of Covered Business Associates is sufficiently low to warrant such exemption.

Enhanced due diligence is required if any issues of concern or “red flags” are identified in the basic due diligence and for all Covered Business Associates in regions that are generally known for corrupt practices, even if basic due diligence does not identify any “red flags” or issues of Jurisdictions in which the Company currently conducts business or may be conducting business that require enhanced due diligence. In addition, enhanced due diligence is required for all transactions that involve government or state-owned customers.

Enhanced due diligence shall include, at minimum: (i) the Covered Business Associate’s completion of a detailed due diligence questionnaire and provision of relevant information and documents supporting the replies to the questionnaire, and (ii) completion of an internal due diligence questionnaire pertaining to the potential Covered Business Associate by the Covered Person proposing to engage it and shall include such other steps as may be directed by the General COunsel. The forms of due diligence questionnaires will be determined by the General Counsel from time to time.

For the avoidance of any doubt, the due diligence process described in the Policy and the forms provided by the General Counsel from time to time are solely to determine compliance with the Policy, and do not constitute commercial due diligence as to the commercial health and stability of the target person or entity. Such commercial due diligence may need to be conducted separately, in addition to due diligence under this Policy.

Annex B

Examples of Red Flags

Please note that the following examples are illustrative. This is not an exhaustive list.

A request for payment in advance or prior to an award of a contract, license, concession, or other business.

A request for reimbursement of unusual, extraordinary, poorly documented, or last-minute expenses.

A request for payment in cash (or otherwise untraceable funds) to a numbered account or to an account in the name of someone other than the appropriate party.

A request for payment in a country other than the one in which the parties are located, especially if it is a country with limited banking transparency.

A refusal by a party to certify that it will comply with the requirements and prohibitions of applicable anti-corruption laws and rules or this Policy.

A refusal, if asked, to disclose shareholders, partners, or principals. Use of shell or holding companies that obscures a transaction partner’s ownership without credible explanation.

A request for a fee or kickback for the use of Company products and services at the requestor’s facility.

A request for political or charitable contributions, particularly if the request is for cash.

A request by a Government Official (e.g., an employee of a state-owned educational institution or public broadcasting company) to hire a family member of the Government Official or to engage a particular Business Associate.

As measured by local customs or standards, or under circumstances particular to the party’s environment, the party’s business is understaffed, ill-equipped or inconceivably located to undertake its proposed relationship with the Company (e.g., pre-award technical activities or logistical assistance, and post-award activities such as assistance with customs, permits, financing and licenses).

The party appears to have insufficient know-how or experience to provide the services the Company needs.

Company wire transfers that do not disclose the identity of the sender or recipient.

In the case of engaging a Business Associate, the potential Business Associate:

  • resides or is headquartered outside the country in which the services are to be rendered, particularly if that country has a reputation for corruption or is a tax haven;
  • has no established track record;
  • has family members, relatives, employees, or family members of an employee that are officials in the foreign government or ruling political party, particularly if the official is or could be in a position to direct business to the Company;
  • has been recommended by a foreign official of the potential government customer;
  • is insolvent or has significant financial difficulties that would reasonably be expected to impact its dealings with the Company;
  • insists on the involvement of third parties who bring no apparent value;
  • intends to or reserves the right to assign its rights or obligations to a third party;
  • displays ignorance of or indifference to local laws and regulations;
  • has undisclosed subagents or subcontractors who assist in his or her work;
  • is unable to provide appropriate business references;
  • lacks transparency in expenses and accounting records;
  • requests that false invoices or other documents be prepared in connection with a transaction;
  • refuses to disclose its complete ownership, ownership structure, or other reasonable requested information;
  • is the subject of credible rumors or media reports of inappropriate payments or a silent partner; or
  • requests payment disproportionate to the services provided (e.g., an agent who bears financial risks on delivery of goods or performs substantial pre- or post-sales services may be entitled to greater compensation than a pure commission agent/broker).

Last Updated: January 26, 2022

UK Modern Slavery Act

Modern Slavery Act Statement — 2022

Kaltura is a global provider of online video technology products and services. This statement is made pursuant to Section 54 of the UK Modern Slavery Act 2015 (the “Act”). It describes the steps Kaltura has taken or will take in order to ensure that slavery and human trafficking are not taking place in any part of its supply chain. Kaltura is committed to acting ethically and responsibly in all of its business dealings and to implementing systems to prevent modern slavery.

Kaltura, Inc., a Delaware corporation, is the parent company of Kaltura Europe Limited, a London-based company incorporated under the laws of England and Wales. Kaltura, Inc. has other subsidiaries in Germany, Portugal, Brazil, Singapore, and Israel. Kaltura, Inc. and its subsidiaries engage with suppliers from time to time in order to procure goods and services necessary for the operation of Kaltura’s business. Such engagements are subject to review by Kaltura’s legal, procurement, and finance departments and are documented in written contracts. Kaltura expects its suppliers to strictly comply with all applicable laws and regulations and conducts due diligence and risk assessments where appropriate to ensure that it engages with suppliers that meet its standards. Many of Kaltura’s major suppliers, such as its cloud computing infrastructure, CRM and content delivery network (CDN) providers, have policies and codes of conduct in place to ensure prevention of modern slavery and human trafficking in the operation of their respective businesses. Kaltura has also published a Vendor Code of Conduct which addresses, among other items, suppliers’ compliance with fair employment practices and which is incorporated by reference into Kaltura’s standard vendor agreements.

Kaltura is committed to taking the following steps toward the prevention of modern slavery in its business:

• Kaltura will conduct due diligence and risk assessments as appropriate when evaluating potential suppliers
• The procurement team will be trained on ways to recognize the risk of modern slavery and what to do if they suspect it is occurring in any part of Kaltura’s supply chain
• Employees will be encouraged to report any concerns to Kaltura’s legal department
• Kaltura will investigate concerns raised as appropriate given the circumstances
• If an investigation indicates that any Kaltura employee, contractor, or vendor is engaging in conduct that violates the Act, Kaltura will take appropriate action including termination of the employment or contractual relationship where circumstances warrant

This statement has been approved by the Board of Directors of both Kaltura Europe Limited and Kaltura, Inc. Kaltura will post this statement on its corporate website and ensure that all current employees and new hires have access to it.

Ron Yekutiel
CEO and Chairman, Kaltura, Inc.

Certifications
Accessibility Statement

Kaltura is committed to making our website as accessible as possible to everyone, regardless of ability. We continuously and actively work toward improving the accessibility of our website to ensure we provide equal access to all of our customers and web users.

Kaltura works with industry partners, clients, and members of the community to stay at the forefront of accessibility, for our website and for video specifically. This includes striving to fulfill accessibility guidelines such as 508, CVAA, and WCAG 2.0 AA.

With this in mind, we’ve put effort into:

  • Designing webpages with an emphasis on color contrast, logical heading order and size, configurable repeated templates and elements, and contrast for links
  • Updated fonts to allow for better readability
  • Consulting with our backend developers to ensure the templates are usable by a plethora of input and output devices to allow a variety of usability needs
  • Ensuring that all visual elements have alt text, as well as added labels to forms and buttons

Additionally, Kaltura is committed to accessibility within our products, and we work to promote our mindset across the industry with the goal of delivering video that is accessible to all. You can learn more about Kaltura’s video accessibility here.

We are continuing our efforts to improve the website’s accessibility, and we strive to stay up to date with all accessibility optimization.

If you would like to contact us regarding our accessibility, or if you have any feedback, you are welcome to contact us at [email protected].

Vendor Code of Conduct

Kaltura Vendor Code of Conduct

Kaltura is committed to operating in accordance with the highest standards of business ethics, and we expect the same from our vendors, contractors, agents, consultants, and their respective employees (each a “Vendor”). At a minimum, Vendors are required to comply with this Vendor Code of Conduct (the “Vendor Code”). To the extent this Vendor Code requires a higher standard than what is required by commercial practice or applicable laws, Vendors must adhere to these higher standards.

  1. Business Integrity and Ethics

1.1 Anti-Corruption.

Each Vendor must comply with all applicable anti-corruption laws and regulations in all countries where the Vendor does business. While local standards and practices may vary with respect to what is considered bribery, Kaltura’s policy can be summarized as follows: Vendors may not improperly provide (or offer to provide), directly or indirectly, anything of value to anyone to obtain or retain business, to obtain a commercial advantage, or to receive favored treatment, anywhere in the world. Please see Kaltura’s Anti-Corruption Compliance Policy  for more details.

1.2 Competition and Fair Dealing.  

Vendors must deal fairly with their customers, suppliers, competitors, and partners. In particular, Vendors must not (a) take unfair advantage of anyone through manipulation, concealment, abuse of privileged information, misrepresentation of material facts, or any other unfair practice, or (b) enter into any agreement, express or implied, that violates applicable anti-competition laws. In addition, Vendors must handle the nonpublic information of their customers, suppliers, competitors, and partners in accordance with all applicable legal and contractual obligations of confidentiality. 

1.3 Conflicts of Interest

A conflict of interest is any activity, relationship, or interest that prevents, or that may be perceived to prevent, a Vendor from performing its duties to Kaltura in an honest, objective, and effective manner. Each Vendor must promptly disclose to Kaltura any actual or potential conflicts of interest.

1.4 Insider Trading

Vendors may, through their business relationship with Kaltura, have access to material nonpublic information about Kaltura and/or Kaltura’s customers. Vendors must not buy or sell securities while in possession of material nonpublic information or provide such information to others who might trade on it.

1.5 Books and Records

Vendors must maintain complete, accurate, and reliable books and records relating to their business dealings with Kaltura in accordance with applicable standard accounting practices.

1.6 International Trade and Export Compliance

Vendors must understand and comply with all applicable laws relating to international trade, including laws that restrict or otherwise require licensing for the export or import of certain goods, services, or technology to other countries or to certain entities, as well as laws that restrict dealings with countries, entities, and individuals subject to trade embargoes or economic sanctions.

  1. Human Rights and Employment Practices

2.1 Fair Employment Practices

Vendors must pursue fair employment practices in every aspect of their business and comply with all applicable labor and employment laws, including laws related to freedom of association, collective bargaining, privacy, employee compensation, and working hours.

2.2 Slavery and Human Trafficking

Vendors and their respective suppliers must not engage in slavery or human trafficking. All labor must be voluntary. Slavery includes any type of compelled, involuntary, or forced labor, including but not limited to labor performed by children, bonded labor, indentured labor, and prison labor. Vendors must also ensure that workers have the right to freedom of movement.

2.3 Harassment and Discrimination

Vendors must provide equal opportunity and fair treatment to all individuals on the basis of merit, without discrimination because of race, color, religion, national origin, sex (including pregnancy), sexual orientation, age, disability, veteran status, or other characteristic protected by law. Vendors must also prohibit harassment based on these characteristics in any form, whether physical or verbal and whether committed by managers, non-management personnel, or non-employees. If a Vendor receives any complaint about discrimination or harassment, the Vendor must investigate the complaint and take prompt corrective action where appropriate.

  1. Environment, Health, and Safety

3.1 Environment

Vendors must conduct their business and operate their facilities in compliance with all environmental laws, including laws and international treaties relating to waste disposal, emissions, discharges, and hazardous and toxic material handling. Vendors should also strive to conserve resources and reduce waste and emissions through recycling and other energy conservation measures. Vendors have a responsibility to promptly report any known or suspected violations of environmental laws or any events that may result in a discharge or emission of hazardous materials.

3.2 Health and Safety

Vendors must comply with all relevant health and safety laws and operate in a manner that protects the safety of their employees. In particular, Vendors must provide a safe, healthy, and sanitary working environment. Vendors must also take steps to prevent workplace hazards and work-related accidents and injuries.

3.3 Alcohol and Drugs

Vendors must maintain a drug-free workplace. All Vendor personnel must be prohibited under all circumstances from possessing, using, selling, or offering illegal drugs and other controlled substances while on duty or on the Vendor’s premises.

  1. Ongoing Compliance and Monitoring

Vendors must communicate the contents of this Vendor Code to any employees or third parties engaged to provide products or services to Kaltura, monitor performance on an ongoing basis to ensure compliance with this Vendor Code, and promptly report any violations or concerns to Kaltura.

4.1. Reporting Violations

Vendors should communicate any compliance concerns to their primary business contact at Kaltura. Vendors and their employees may also report any known or suspected violations of this Vendor Code through the Ethics Hotline available 24 hours a day, 7 days a week, by telephone at 877-900-3073 or on the Internet at www.whistleblowerservices.com/kltr. Reports may be submitted anonymously, and all reports of known or suspected violations of the law or this Vendor Code will be investigated. Vendors must not retaliate or take disciplinary action against any employees who has, in good faith, reported actual or suspected violations, or who has sought advice regarding this Vendor Code.

4.2 Audits.

Kaltura reserves the right to audit Vendor performance and/or investigate any alleged or suspected violation of this Vendor Code, and Vendors must cooperate with any such audit or investigation. Kaltura also reserves the right to terminate our business relationship with any Vendor who fails to comply with this Vendor Code.

Vendor Purchase Order Terms and Conditions

PURCHASE ORDER TERMS AND CONDITIONS

These Purchase Order Terms and Conditions (“Terms”) are entered into by and between Kaltura, Inc. or the Kaltura subsidiary identified in the applicable purchase order (“Kaltura”) and the supplier identified in the purchase order (“Supplier”) and shall apply to any goods or services provided by Supplier in the applicable purchase order (“Purchase Order”). By providing the goods or performing the services to Kaltura, you hereby accept and agree to be bound by the following Terms. Notwithstanding the foregoing, if the parties enter or have entered into a master services agreement, purchase agreement, or any other definitive frame agreement (a “Master Agreement”), covering procurement of any goods or services described in the applicable Purchase Order, the terms of such Master Agreement shall prevail over any Terms herein.

  1. Engagement of Services. Supplier will provide the goods (“Goods”) or perform the services (“Services”) described and agreed by the parties in the applicable Purchase Order with the price, terms and payment terms as set forth in the Purchase Order and subject to the Terms hereunder. Kaltura will pay the fees for the performance of the Services stated in the Purchase Order after acceptance of the Goods or Services upon the latest of the following: (i) the Delivery date; (ii) the date of Kaltura’s acceptance of all Goods and/or Services; or (iii) Kaltura’s receipt of a properly prepared and undisputed invoice: If net payment terms are not stated on the Purchase Order, payment will be made within 60 calendar days after receipt of an accurate and undisputed invoice. Unless otherwise specified therein, the prices on the Purchase Order include all applicable taxes required by law to be paid to Supplier. Supplier shall be solely responsible for filing the appropriate tax forms and paying all taxes or fees due for the payment under the Purchase Order. If Kaltura is required by law to make any deduction, or any withhold from the sum payable hereunder, then the sum payable by Kaltura upon which the deduction is based will be paid to Seller net of such deduction or withholding. Any terms or conditions contained in any acknowledgment, invoice, or other communication or documentation of Supplier that are inconsistent with these Terms are hereby rejected.

 

  1. Third Parties/ Subcontractors. Supplier will not assign, delegate, or subcontract any right or obligation under these Terms (including the right to receive payment), without the prior written consent of Kaltura and any purported assignment without such consent will be void. Kaltura’s consent may be given provided that Supplier remains liable and responsible to Kaltura for (i) the performance and obligations of all the Services provided under this Agreement. (ii) third parties’ violation of any statute, ordinance, or regulation related to Supplier’s obligations under the applicable Purchase Order.

 

  1. Delivery. Supplier will deliver the Goods and/ or perform the Services on the agreed upon schedule, according to the completion dates agreed by the parties, with the carrier and to the destination stated in the applicable Purchase Order. If Supplier delivers the Goods or perform the Services after the delivery date specified in the Purchase Order, Kaltura, in its sole discretion, may reject the Goods/Services. Supplier will not be liable for such delay due to force majeure, but Kaltura may either approve or reject the Goods or Services without liability.

 

  1. Shipping Instructions. Supplier will preserve, pack, package, and handle the Goods so as to protect the Goods from loss or damage and in accordance with industry best practices. Without limiting the foregoing, Supplier will observe the requirements of any local laws and regulations relating to hazardous work, including with respect to its accompanying information, packing, labeling, reporting, carriage, and disposal. Unless otherwise expressly agreed in writing or specified in the applicable Purchase Order, delivery will be made to Kaltura’s ‘Ship To’ destination agreed by the parties.

 

  1. Inspection, Acceptance or Returns. All Goods will be received subject to Kaltura’s right to inspect the Goods and test the Services prior to acceptance. Kaltura may, at its own option, either reject and receive a refund for Goods or Services that do not conform with the Purchase Order and/ or the Terms here in or require the Supplier to repair or replace the Goods or reperform the Services without additional charge.

 

  1. Cancellation. Kaltura may cancel the applicable Purchase Order at any time, for no reason or for any reason, prior to acceptance of the Goods/ commencement of the Services upon written notice to Supplier. Either Kaltura or Supplier may terminate the Purchase Order immediately upon written notice to the other party for any material breach.

 

  1. Intellectual Property. all intellectual property rights in the deliverables developed or created during the provision of the Services, are the property of Kaltura, as well as the copyrights and intellectual property rights therein. Standard Goods manufactured by Supplier and sold to Kaltura without having been designed, customized, or modified for Kaltura will remain Supplier’s property. The payment by Kaltura of the fees in accordance with the Purchase Order will operate to assign to Kaltura the entire copyright and intellectual property rights mentioned above without further act by either party being necessary. Supplier will not assert and otherwise waives, any “moral rights” and assigns all “moral rights” in the deliverables to Kaltura. To the extent that Supplier incorporates any of Supplier’s pre-existing intellectual property (“Background IP”) into the deliverables under this Purchase Order, Supplier grants Kaltura a non-exclusive, royalty free, irrevocable, perpetual, worldwide transferable and fully paid-up license to use, reproduce, modify, offer to sell and distribute the Background IP in connection with Kaltura’s use of the applicable deliverables and/ or the Services. Supplier will ensure that no intellectual property rights of any third party have been and/or will be infringed in the performance by it of the Services and will indemnify Kaltura against any such claims for breach of a third party’s intellectual property rights.

 

  1. Representations and Warranties. Each party represents and warrants that it will comply with applicable laws, order and/ or regulations including all privacy laws, any applicable import and export regulations, employment and anti-bribery laws and regulations in its performance under the applicable Purchase Order. Supplier warrants that any Goods sold by Supplier and/ or the Services provided under the Purchase Order will be of merchantable quality; will conform to applicable specifications, drawings or descriptions furnished by Kaltura; will be free from defects in material and workmanship; will conform to the applicable documentation; will be sufficient and fit for the purposes intended by Kaltura and; will not violate the any duty of confidentiality or patent, copyright trade mark or any other contractual right of a third party. Supplier warrants that any Services provided by Supplier to Kaltura hereunder will be performed in a professional and workmanlike manner in accordance with recognized industry standards.

 

  1. Confidentiality. “Confidential Information” means any information obtained by Supplier in connection with this Purchase Order, including the existence of the Purchase Order and its terms, personally identifiable information that Kaltura provides to Supplier, if any, and all other information which is identified as proprietary or which a reasonable person should know is confidential given the circumstances and content of the disclosure, whether or not designated as “confidential”. Supplier will (a) hold the Confidential Information in confidence and not disclose Kaltura’s Confidential Information to third parties without Kaltura’s prior written consent, except as permitted by this Order (b) use the Confidential Information of Kaltura solely to fulfil its obligations and exercise its rights under the Purchase Order. Supplier will destroy/ return the Confidential Information upon Kaltura’s written request. In the event that Supplier is required by law or other legal order to disclose any of Kaltura’s Confidential Information, Supplier will first give written notice to Kaltura (if permitted by law). Confidential Information will not include any information which: (a) is or becomes publicly known through no breach of the Supplier; (b) is already in the possession of the Supplier at the time of disclosure; (c) is obtained by Supplier from a third party without a breach of such third party’s obligations of confidentiality; or (d) is independently developed by Supplier without use of or reference to Kaltura’s Confidential Information.

 

  1. Data Privacy. If as a result of the applicable Purchase Order Supplier obtains, processes, accesses, stores or otherwise handles information relating to identified or identifiable individuals (“Personal Data”), Supplier acknowledges and agrees that Supplier will process any Personal Data solely for the purposes of providing the contracted Services. Supplier will comply, or ensures compliance of its own suppliers with all applicable data protection, privacy, electronic communications, and telemarketing regulations (including but not limited to the EU General Data Protection Regulation, the California Consumer Privacy Act, and the Personal Data Protection Act of Singapore) in performing its obligations under these Terms. Without limiting the foregoing, supplier represents and warrants that (a) Supplier obtains or has obtained relevant personal data in compliance with all applicable data protection and privacy laws, and (b) Supplier has the lawful basis and right to use such personal data for purposes of providing the services under these Terms. Supplier will promptly delete Personal Data where: (1) such Personal Data is no longer required by Supplier to perform the contracted Services, or (2) upon Kaltura’s request. Supplier will defend, indemnify, and hold harmless Kaltura against all third-party claims arising from or related to Supplier’s breach of its obligations under this paragraph.

 

  1. Code of Conduct. Supplier acknowledges receiving notice of and agrees to comply with Kaltura’s Vendor Code of Conduct, available at https://corp.kaltura.com/legal/vendors/vendor-code-of-conduct/.

 

  1. Insurance. Supplier, at its own expense, will be solely responsible for securing and maintaining adequate insurance with a reputable insurance company to cover its risks hereunder, such as, but not limited to auto, product liability general liability and any other insurance as required by law or is the common practice in Supplier’s industry or businesses, whichever affords greater coverage and amounts. Supplier will also maintain workers’ compensation insurance as required by law, including employer’s liability coverage. Supplier will provide Kaltura with documentation evidencing the required coverage within five (5) business days of Kaltura’s request.

 

  1. Indemnification. Supplier, its successors and assigns, will indemnify, defend, and hold Kaltura, its officers, directors, agents, employees, successors, customers and affiliates harmless against all claims, suits, judgments, court costs, attorney’s fees and other liabilities, demands or losses for (i) personal injury, death or property damage related to the Goods or Services furnished by Supplier (ii) all loss, liability, and damages arising from or caused directly or indirectly by any act or omission of Supplier, Supplier’s agents, employees, or subcontractors (iii) any intellectual property claims that the Goods and/or Services infringe or misappropriate any third party Intellectual Property Rights, and (v) any allegations arising from or related to Supplier’s breach of its obligations hereunder or (iv) violation of applicable law. If Kaltura’s use of the Goods or Services is enjoined or in Kaltura’s reasonable opinion, is likely to be enjoined as a result of any such claim or allegation of Intellectual Property Infringement, Supplier agrees, at Kaltura’s option to: (a) accept return of the Goods from Kaltura and refund to Kaltura the amounts paid by Kaltura, (b) modify the Goods/ or Services so that they become non-infringing but equivalent in functionality, quality, compatibility, and performance, or (c) procure for Kaltura and its customers the right to continue using and distributing the Goods or Services.

 

  1. Limitation of Liability. KALTURA WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, AND KALTURA’S MAXIMUM LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE TO SUPPLIER IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT OR CLAIM.

 

  1. Miscellaneous. The relationship of Supplier to Kaltura is that of an independent contractor. Neither Supplier nor its employees, agents or subcontractors are agents or employees of Kaltura. Except as provided herein, no term or condition of these Terms may be amended or deemed to be waived, except by a writing signed by both parties. Supplier will not assign, delegate, or subcontract any right or obligation under the Purchase Order (including the right to receive payment), except to a subsidiary or affiliate, without the prior written consent of Kaltura and any purported assignment without such consent will be void. Kaltura’s consent may be given provided that Supplier remains liable and responsible to Kaltura for (i) the performance and obligations of all the Services provided under this Agreement and (ii) third parties’ violation of any statute, ordinance, or regulation related to Supplier’s obligations under this Purchase Order. All usage of Kaltura’s name brand or logo in connection with this Agreement will be used in accordance with Kaltura’s branding guidelines, which are available to Supplier upon request. These Terms will be construed in accordance with the laws of the New York without regard to its principles of conflict of laws. The rights and remedies herein provided are in addition to those available to either party at law or in equity. Those provisions that by their nature are intended to survive termination or expiration of these Terms will survive.

 

Last Updated May 4, 2022

 

Copyright © 2023 Kaltura, Inc. All rights reserved.
Privacy Policy Terms of Use

Kaltura's mission is to power any video experience. Our wide array of video solutions are deployed globally across thousands of enterprises, media companies, service providers, and educational institutions, leveraging video to teach, learn, communicate, collaborate, and entertain.

Call us: +1 800 8715224

Kaltura's mission is to power any video experience. Our wide array of video solutions are deployed globally across thousands of enterprises, media companies, service providers, and educational institutions, leveraging video to teach, learn, communicate, collaborate, and entertain.

Copyright © 2023 Kaltura, Inc. All rights reserved.
Privacy Policy Terms of Use