Last updated: 25 June 2025
These Terms of Service ("Terms") govern the use and provision of the Kong software-as-a-service offering (the "Services") provided by Sales Kong AB (org. no. 559497-0062) ("Kong," "we," "us," or "our"). By subscribing to and using the Services, you ("Subscriber", “User” or "you") agree to these Terms. These Terms form a binding agreement between Kong and the business entity you represent.
The Agreement consists of these Terms, any applicable Subscription Service Order Form, and any Data Processing Agreement ("DPA") referenced herein (together, the "Agreement"). Capitalized terms not defined in these Terms have the meanings assigned in the Order Form or DPA. No other terms or conditions will apply unless expressly agreed in writing.
Kong provides the Services as described in your Subscription Service Order Form. The Services are generally available 24/7, subject to scheduled maintenance. The Services include Kong's AI-based functionalities as further described in the documentation.
You are responsible for procuring and maintaining all necessary telecommunications, computer equipment, software, and connectivity at your expense. You must ensure that your use of the Services complies with all applicable laws and regulations. You are responsible for all actions taken under your Access Credentials and must promptly notify us of any unauthorized access or suspicious activity.
Subscriber may designate one or more administrators ("Administrators") who manage end-user access to the Services within your organization. Administrators can add, remove, and suspend user access and may access Input (as defined below). All end users must be employees, contractors, customers or agents of the Subscriber or its "Affiliates" e.g. any entity that directly or indirectly controls, is controlled by, or is under common control with a party to the Agreement. “Control” generally means having the power to direct the management and policies of an entity, whether through ownership of voting securities, by contract, or otherwise
"Input" means all data, content, materials, or information you provide, upload, or submit to the Services. You represent and warrant that you have all necessary rights, licenses, and consents to provide the Input, and that such Input does not violate any third-party rights or applicable laws. You retain all rights in your Input.
The Services may produce results, suggestions, insights, or other outputs based on your Input ("Output"). Subject to these Terms, Kong grants you a non-exclusive, non-transferable license to use the Output for your internal business purposes. If Output is created solely from your Confidential Information (as defined below), all related rights to the Output shall be solely yours. You acknowledge that due to the nature of machine learning, similar or identical outputs may be generated for other customers.
The User consents to Kong storing and accessing information in the terminal equipment used by the User to access the Service for the purpose of gathering information relating to the provision, use and performance of the Service (Usage Data).
During and after the agreement, Kong may:
a) use Usage Data to improve the Service and for development, diagnostic and correction purposes connected with the Service and Kong’s other offerings similar to the Service;
b) use Usage Data in connection with its business of providing the Service and Services similar to the Service, including to train machine learning algorithms (on an aggregated and anonymised basis) and for its other data processes; and
c) disclose Usage Data to others, in each case solely in aggregated, anonymised form and to the extent reasonably necessary for proper performance of Kong’s business of providing the Service and Services similar to the Service.
Kong uses Large Language Models (LLMs) through Language Model Provider to enable AI features in the Service. While Kong may share User Data or User Content with Language Model Provider, it is only to provide you with the Service and for no other purpose. No User Data or User Content is used to train Language Model Provider’s LLMs or that of any other third party provider.
The Services use probabilistic methods and may produce inaccuracies or errors. You are responsible for evaluating the accuracy and suitability of the Output for your needs, which may include human review.
The Services may interoperate with or allow integration of third-party services. Your use of such third-party services is governed by their own terms, and you are solely responsible for compliance. Kong provides no warranty or support for third-party services and is not liable for their availability or performance.
The Services are offered on a paid subscription basis with a single plan as described in your Subscription Service Order Form. You shall pay all applicable fees in the manner and currency specified. Fees are non-refundable unless otherwise agreed. Late payments may result in suspension of the Services. You are responsible for any taxes, duties, or similar assessments arising from the Agreement, excluding taxes on Kong's net income.
"Confidential Information" means any nonpublic information disclosed by one party ("Disclosing Party") or in case of Customer, any of its Administrators, to the other ("Receiving Party")be considered Confidential Information, in addition to any other confidential information shared by the Disclosing Party in connection with provision of the Services. For the avoidance of doubt, Confidential Information does not include information that is aggregated and anonymized such that it cannot reasonably be used to identify the Disclosing Party or any individual.
The Receiving Party shall use the Disclosing Party's Confidential Information only as required to exercise rights or perform obligations under the Agreement, shall not disclose it to third parties except as permitted, and shall protect it with at least the same degree of care as it uses to protect its own confidential information.
Kong will maintain appropriate administrative, physical, and technical safeguards consistent with industry standards. You must implement reasonable measures to secure your Access Credentials and systems. If you discover any vulnerabilities or breaches, notify us promptly.
Data protection measures shall be as set forth in our DPA, if applicable. Kong's processing of personal data is further described in our Privacy Policy and, where required, the DPA.
Kong and its licensors retain all rights, title, and interest in and to the Services, including all underlying technology. Except as expressly provided, nothing in the Agreement transfers or licenses any intellectual property rights from either Party to the other Party. You may not copy, modify, distribute, sell, reverse engineer, or create derivative works of any part of the Services except as permitted by applicable law.
Kong warrants that it will perform its obligations under the Agreement in a professional manner consistent with industry standards. Except as expressly stated, the Services are provided "as is" and "as available."
To the extent permitted by law, Kong and its Affiliates disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee error-free or uninterrupted operation of the Services, or the accuracy of any Output.
To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental, special, consequential, or exemplary damages (including loss of profits or data). Both Parties’ aggregate liability arising out of or related to the Agreement shall not exceed the total amount paid by you for the Services in the twelve (12) months preceding the event giving rise to liability. This limitation applies regardless of the theory of liability and even if we have been advised of the possibility of such damages.
You will defend, indemnify, and hold harmless Kong, its Affiliates, and their personnel from any claims, damages, losses, or expenses arising out of or related to your Input, your use of the Services, or your breach of these Terms or applicable law, subject to the limitation of liability set out in section 9.
The Agreement remains in effect from the effective date stated in the Order Form or the date you begin using the Services, whichever is earlier, and continues for the initial subscription term specified. It will renew automatically for successive terms as stated in the Order Form unless terminated as set forth herein.
Either party may terminate the Agreement for material breach by the other party if not cured within thirty (30) days after written notice. Kong may also terminate or suspend access due to non-payment or unlawful use. Upon termination, you must cease using the Services and each party must return or destroy any of the other party’s Confidential Information. We will destroy all Input, excluding any Input part of Usage Data referred to under section 3.4.
Provisions that by their nature should survive termination (including ownership, confidentiality, indemnification, and limitation of liability) will remain in effect.
Kong may revise these Terms at any time by posting the updated version on our website. Your continued use of the Services after changes are posted constitutes your acceptance. No separate notice is required. In cases where the changes are material, Kong will notify you of such changes in writing, in which case you have 30 days to reject the changes. If you object to the material changes, you may terminate the Agreement as per the end of the current paid billing period.
These Terms are governed by and construed in accordance with substantive Swedish law, without regard to conflict-of-laws principles. Any dispute, controversy, or claim arising out of or relating to these Terms shall be finally settled by arbitration in Stockholm, Sweden, administered by the SCC Arbitration Institute. The language of arbitration shall be English. The existence and details of the arbitration shall be confidential, except as required by law.
The Agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior agreements or representations.
Neither party may assign or transfer the Agreement without the other's prior written consent, except in connection with a merger, acquisition, or sale of all or substantially all assets.
All notices under the Agreement shall be in writing and effective upon delivery by a party to the other party by e-mail.
The failure of a party to enforce any provision shall not be deemed a waiver of future enforcement of that or any other provision.
If any provision of the Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect.
A breach of these Terms may cause irreparable harm, entitling the non-breaching party to seek injunctive or equitable relief in addition to any other legal remedies.
Email: team@saleskong.com
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.