Terms of Use

Website Terms of Use

These Kinaxis website terms of use, together with any terms expressly incorporated herein by reference (collectively, the “Terms”) apply to your access to and use of the website located at www.kinaxis.com, including the Kinaxis Knowledge Network, all products, services, resources, information, materials and other content available (collectively, the “Website”), but excluding websites that you may access using links from the Website that are owned or operated by third parties. We do not monitor, review or control any of these third party websites in any way. The Website does not include Kinaxis’ software-as-a-service offerings. These Terms are entered into by and between you (“you” or “your”) and Kinaxis Inc. (“Kinaxis,” “we,” or “us”). By using the Website, you agree to these Terms. If you do not agree to these Terms, do not use the Website.

We may provide different or additional terms in relation to some of our other products and services, and those different or additional terms become part of your agreement with us if you use those products and services. If there is a conflict between these Terms and the additional terms related to your use of our products and services, the additional terms will control for that conflict.

We reserve the right to update or modify these Terms from time to time at our sole discretion and without prior notice. Any change will become effective on the date they are posted on the Website. You can determine this date by looking at the date in the lower left-hand corner of this web page. We recommend that you print a copy of these Terms for reference purposes and revisit these Terms from time to time to ensure you are aware of any changes. Your continued use of the Website after such changes are posted will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using the Website. The Website provides several types of resources, including areas to interact with the Website and information, software, text, displays, images, video, audio recordings, and user interfaces included in or generated by the Website, and the design, selection, and arrangement thereof, except that provided expressly and conspicuously under a third party license (collectively, the “Website Content”); and product specifications and product documentation (collectively, “Documentation”).

If you have any questions about these Terms, please contact us at legal@kinaxis.com.

1. Eligibility and Use Restrictions

If you use the Website on behalf of another person or entity: (a) all references to “you” throughout these Terms (other than in this Section 1) will include that person or entity; (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf and that they agree to be bound by these Terms; and (c) in the event you or that person or entity violates these Terms, that person or entity also agrees to be responsible to us. You may use the Website solely for your internal business purposes. You may not use the Website for the benefit or use of any third party, including providing Website Content to others for commercial gain, without our express written consent.

2. Privacy

You may provide certain information to Kinaxis in connection with your access to or use of the Website, or we may otherwise collect certain information about you when you access or use the Website. This information may include personally identifiable information, such as your name and email address (“Personal Data”).

By using the Website, you consent to the collection, use, and sharing of your Personal Data as described in our Privacy Policy, which is incorporated by reference into these Terms.

You are responsible for providing us with complete, accurate, and current information, including your Personal Data, and for keeping this information up to date. You may correct or update your Personal Data at any time. If you are unable to update your information through the Website, or if you wish to request information about your processed Personal Data, or to correct or delete it, please contact privacy@kinaxis.com.

3. User Content

The Website may allow you to upload, transmit, store, and share information, data, and content (collectively, “User Content“). User Content expressly excludes any suggestions, enhancement requests or other feedback you provide to Kinaxis relating to the Website or our products or services (“Feedback”). If you provide Feedback, Kinaxis shall be entitled to use it without restriction and without any obligation to you. Except as otherwise provided herein, you retain all rights in, and are solely responsible for, your User Content. By submitting User Content on the Website, you grant us, our affiliates, and our service providers a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully paid, and sublicensable license to use such User Content for the purpose of operating, improving, and promoting the Website and our services, without any payment or other consideration of any kind, or permission or notification, to you or any third party. This license includes, without limitation, the irrevocable right to use, store, sublicense, reproduce, modify, adapt, edit, publish, translate, create derivative works from, distribute, transmit, publicly perform, and display your User Content, and any name, username, or likeness provided in connection with your User Content in any form, format, media, or technology, whether now known or developed in the future. However, with respect to personally identifiable information, such use will comply with the terms set forth in our Privacy Policy. You represent that:

  1. You own or control all rights in and to the User Content and have the right to grant the license herein to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
  2. All of your User Content complies with these Terms.

You understand and acknowledge that you are responsible for your User Content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to you, or any third party, for the content or accuracy of any User Content posted by you or any other user of the Website. Kinaxis may, at its discretion, remove User Content that violates the Terms or is otherwise deemed inappropriate without prior notice.

We cannot review all User Content before it is posted on the Website and cannot ensure prompt removal of objectionable User Content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding the transmission or communication of User Content or any other content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Enforcement of this Section is solely at Kinaxis’ discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.

4. Permissible Use of the Website and Content; Prohibited Conduct

You may only post or otherwise share User Content that is non-confidential and for which you have all necessary rights to disclose. You may not create, post, store, or share any User Content that:

  1. Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
  2. Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
  3. May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  4. Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
  5. Impersonates or misrepresents your affiliation with any person or entity;
  6. Contains any unsolicited promotions, political campaigning, advertising, or solicitations;
  7. Contains any private or personal information of a third party without such third party’s consent;
  8. Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
  9. Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying the Website, or that may expose Kinaxis or others to any harm or liability of any type.

You may use the Website in accordance with these Terms and you are solely responsible for your conduct while accessing or using the Website. However, you are strictly prohibited from engaging in the following conduct:

  1. Violate any applicable law, contract, intellectual property, or other third party right, or commit a tort;
  2. Use or attempt to use another user’s account without authorization from that user and Kinaxis;
  3. Impersonate any person or entity, including, but not limited to, an Kinaxis official, Kinaxis employee, or any other third party, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. Harvest, collect, or store personal information or data of other users;
  5. Use the Website in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website, or that could damage, disable, overburden, or impair the functioning of our Website in any manner;
  6. Reverse engineer, decompile, disassemble, or otherwise attempt to discover or access the source code, structure, algorithms, or technology of any part of the Website, Website Content, or Documentation; create derivative works from, modify, frame, mirror, or deep link to any part of the Website; or remove, obscure, or alter any proprietary rights notices;
  7. Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Website that you are not authorized to access;
  8. Develop or use any third party applications that interact with the Website without our prior written consent, including any scripts designed to scrape or extract data from the Website; or
  9. Use the Website for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

5. Monitoring and Enforcement; Termination

We reserve the right to monitor, review, or remove any User Content or to take action to enforce compliance with these Terms, including but not limited to:

  1. Remove or refuse to post any User Content for any or no reason in our sole discretion;
  2. Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including examination of material, usernames, IP addresses or other identifying information on our servers and networks, if we believe that such User Content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Kinaxis;
  3. Disclose your identity or other information about you to any third party who claims that your User Content violates their rights, including their intellectual property rights or their right to privacy;
  4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
  5. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, for any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any content on or through the Website and to cooperate with system administrators at other Internet service providers or other network or computing facilities to enforce these Terms of Use. YOU WAIVE AND HOLD HARMLESS KINAXIS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

6. Ownership; Limited License

The Website and its entire contents, features, and functionality, including but not limited to the Website Content, Documentation (excluding your User Content) are owned by Kinaxis or our licensors and are protected under Canadian, United States and foreign copyright, trademark and other intellectual property laws. Copyright © 2015-2025 Kinaxis Inc. Except as explicitly stated in these Terms, all rights in and to the Website are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable right to access and use the Website and its content. This license does not include the right to access any proprietary software, source code, or algorithms used in the operation of the Website. You hereby agree to assign and do assign to Kinaxis (and Kinaxis accepts such assignment) any modifications or derivative works of the Website and its entire contents made by you in contravention of this limitation without remuneration of any kind. Any use of the Website other than as specifically authorized herein, without our prior written permission, is strictly prohibited, terminates the license granted herein, and violates our intellectual property rights.

7. Trademarks and Company Names

“Kinaxis”, “Kinaxis Maestro” and our logos, product or service names, slogans, and the look and feel of the Website are the property of Kinaxis and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned or otherwise displayed on the Website are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

8. Third Party Content

We may provide information about third party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Website (collectively, “Third Party Content”). We provide Third Party Content as a service to those interested in such content and as a convenience to our users. Your dealings or correspondence with third parties and your use of or interaction with any Third Party Content are solely between you and the third party. Kinaxis does not control, endorse, or make any representations or warranties regarding any Third Party Content accessible through the Website, including opinions, advice, statements and advertisements, and you shall bear all risks associated with the use of such content including any intellectual property infringement claim by third parties. We are not responsible for any loss or damage of any sort that you may incur from dealing with any third party and your access to and use of such Third Party Content is at your own risk.

9. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Kinaxis and its affiliates, officers, directors, agents, partners and employees (individually and collectively, the “Kinaxis Parties”) from and against any third party suit, claim, action, or demand (“Claims”) arising out of or related to: (a) your access to or use of the Website; (b) your User Content; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of any third party (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Website. You agree to promptly notify Kinaxis Parties of any third party Claims, cooperate with Kinaxis Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Kinaxis Parties will have control of the defense or settlement, at Kinaxis’ sole option, of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Kinaxis or the other Kinaxis Parties.

10. Disclaimers

WE DO NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD PARTY CONTENT AVAILABLE ON OR LINKED IN THE WEBSITE.YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN WRITING BY US, THE WEBSITE, INCLUDING ALL CONTENT AND THIRD PARTY MATERIALS MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. KINAXIS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY CONTENT THEREIN IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE KINAXIS ATTEMPTS TO MAKE YOUR USE OF THE WEBSITE AND ANY CONTENT THEREIN SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE.

REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL KINAXIS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KINAXIS AND THE OTHER KINAXIS PARTIES AND SUPPLIERS WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR LOST PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages; so some of the above disclaimers, limitations and exclusions may not apply to you.

12. Release

To the fullest extent permitted by applicable law, you release Kinaxis and the other Kinaxis Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users or the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

13. Governing Law and Venue

These Terms are governed by the laws of Ontario, Canada, without regard to its conflict of laws principles. Any disputes arising out of or related to these Terms and your use of the Website will be heard only in a court in Ottawa, Ontario or any federal court in Ontario. You and Kinaxis waive any objection to venue in any such courts. Choice of law principles and the United Nations Convention for the International Sale of Goods and any legislation implementing such Convention are hereby expressly excluded.

14. Geographic Restrictions

The owner of the Website is based in Canada, however the Website can be accessed from other countries around the world. We make no claims that the Website or any of its content is accessible or appropriate outside of Canada. The Website may contain references to Kinaxis products, services, and programs that have not been announced in your country. These references do not imply that Kinaxis intends to announce such products, services or programs in your country. Access to the Website may not be legal by certain persons or in certain countries. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Website and your purchase of any products or services.

15. Modifying and Terminating the Website

We in our sole discretion reserve the right to modify the Website or to suspend or stop providing all or portions of the Website or User Content at any time. You agree that we may, in our sole discretion, terminate or limit your access to, or use of, any or all of Website or User Content at any time. In the event you are in material breach of the Terms, we may, at our sole discretion, suspend or terminate your account, delete your User Content from the Website, and refuse you any current or future use of the Website without notice. You also have the right to stop using the Website at any time. We are not responsible to you or any third party for any loss or harm related to your inability to access or use the Website or for any such suspension or termination.

16. Severability

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

17. Miscellaneous

Kinaxis’ failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties with respect to this subject matter. In the event of termination of your access to or use of the Website, the provisions respecting representations, warranties, indemnities, disclaimers, limitations of liability, governing law and venue, ownership and trademarks will survive unless waived in writing by us. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.

Last updated July 2025