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Terms of use

Date: August 25, 2021

Overview

The following are the terms of an agreement between you and Kyndryl. By accessing or using this and any related Kyndryl Web site (Kyndryl Web sites), you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use the Kyndryl Web sites.

Kyndryl may, without notice to you, at any time, revise these Terms of Use and any other information contained in the Kyndryl Web sites. Kyndryl may also make improvements or changes in the products, services, or programs described in the Kyndryl Web sites at any time without notice.

General

This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed. Please see the tab entitled “Copyright and trademark information” for related information.

Kyndryl grants you a non-exclusive, non-transferable, limited permission to access and display the Web pages within the Kyndryl Web sites as a customer or potential customer of Kyndryl, provided you comply with these Terms of Use and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl a Kyndryl Web site as permitted by the Web site’s robots.txt protocol and Kyndryl may block any crawlers in its sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Web site). All other use of the Kyndryl Web sites is prohibited.

Except for the limited permission in the preceding paragraph, Kyndryl does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from a Kyndryl Website on another Web site or in any other media. Any software and other materials that are made available for downloading, access, or other use from a Kyndryl Web site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on a Kyndryl Web site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.

Rules of conduct

Your use of kyndryl.com and any other Kyndryl Web site is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage any Kyndryl Web site is a violation of criminal and civil laws. Kyndryl reserves the right to seek damages from any such person to the fullest extent permitted by law.

You agree not to post or transmit through any Kyndryl Web site any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law.

You may not impersonate another user, use another user’s Kyndryl ID, permit someone else to use your Kyndryl ID, attempt to capture or guess other users’ passwords, forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any content you transmit, conduct fraudulent business operations or practices, or promote or conceal unlawful conduct.

You may not engage in any activity on a Kyndryl Web site which restrict or inhibit any other user from using or enjoying a Kyndryl Web site by any means, including “hacking,” “cracking,” “spoofing,” or defacing any portion of a Kyndryl Website. You may not use a Kyndryl Web site to stalk or harass another person or entity.

You may not post or transmit through any Kyndryl Web site advertising or commercial solicitations, promotional materials relating to website or online services which are competitive with Kyndryl and/or a Kyndryl Web site, software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, political campaign materials, chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of a Kyndryl Web site or its contents. You may not harvest or collect information about any Kyndryl Web site visitor without their express written consent.

Disclaimer

From time to time, this Web site may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this Web site and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this Web site.

If any term in these Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of these Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under these Terms of Use.

Forward-looking and cautionary statements

Except for historical information and discussions, statements set forth throughout this web site may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in the company’s filings with the U.S. Securities and Exchange Commission. See the “SEC filings” tab under “Investor relations” on this Web site for copies of such filings.

Confidential information

Kyndryl does not want to receive confidential or proprietary information from you through any Kyndryl Web site. Please note that any information or material sent to Kyndryl will be deemed NOT to be confidential. By sending Kyndryl any information or material, you grant Kyndryl an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Kyndryl is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Kyndryl for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled “Privacy” for information regarding Kyndryl’s privacy policies.

U.S. government restricted rights

Kyndryl provides the software downloaded from this Web site to U.S. Government users with “RESTRICTED RIGHTS.” Use, reproduction, or disclosure is subject to the restrictions set forth in Kyndryl’s GSA ADP Schedule contract.

Global availability

Information Kyndryl publishes on the Internet may contain references or cross references to Kyndryl products, programs and services that are not announced or available in your country. Such references do not imply that Kyndryl intends to announce or make available such products, programs, or services in your country. Please consult your local Kyndryl business contact for information regarding the products, programs, and services that may be available to you.

Business relationships

Kyndryl Web sites may provide links or references to non-Kyndryl Web sites and resources. Kyndryl makes no representations, warranties, or other commitments or endorsements whatsoever about any non-Kyndryl Web site or third-party resource (including any Lenovo Web site) that may be referenced, accessible from, or linked to any Kyndryl site. In addition, Kyndryl is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a Kyndryl site. When you access a non-Kyndryl Web site, even one that may contain the Kyndryl logo, please understand that it is independent from Kyndryl, and that Kyndryl does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.

Linking to this site

Kyndryl consents only to links to a Kyndryl Web site in which the link and the pages that are activated by the link do not: (a) create frames around any page on the Web site or use other techniques that alter in any way the visual presentation or appearance of any content within the Web site; (b) misrepresent your relationship with Kyndryl; (c) imply that Kyndryl approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about Kyndryl or otherwise damage the goodwill associated with the Kyndryl name or trademarks. As a further condition to being permitted to link to a Kyndryl Web site, you agree that Kyndryl may at any time, in its sole discretion, terminate permission to link to such Web site. In such event, you agree to immediately remove all links to suchWeb site and to cease any related use of Kyndryl trademarks.

DISCLAIMER OF WARRANTY

USE OF KYNDRYL WEB SITES IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. KYNDRYL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, KYNDRYL MAKES NO WARRANTY OR GUARANTEE THAT ANY KYNDRYL WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM A KYNDRYL WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KYNDRYL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM A KYNDRYL WEB SITE OR ANY USE OF A KYNDRYL WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH A KYNDRYL WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF KYNDRYL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.