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https://corp.kaltura.com/legal/privacy/privacy-policy/?mkt_tok=otg0lvnets04ntkaaagao6ciihgpehn_kwaujl3oncbijo-lyh5uj9yntl...
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KALTURA LEGAL

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Privacy

Customer Agreement
Acceptable Use Policy
Kaltura REACH Product Specifications and Limitations
Free Trial Service Agreement
Website Terms of Use
Privacy Policy

DMCA Takedown Policy
Kaltura Anti-Corruption Compliance Policy
UK Modern Slavery Act
Certifications
Accessibility Statement

Accessibility Statement
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.

2. 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).

3. 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.

4. 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;

(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.

5. 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.

6. 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.

7. 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 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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., 250 Park Avenue South, 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.

14. 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 http://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
legal@kaltura.com; 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: legal@kaltura.com.
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 August 22, 2019. 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 250 Park Avenue South, 10th 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 security@kaltura.com; 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., 250 Park Avenue South,
10th 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. 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 commercial@kaltura.com
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 security@kaltura.com 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. 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. 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 http://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. 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. 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
(http://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.

a. 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:

* * Harass, abuse, demean, or threaten those you engage with at the Event or
express hatred towards any person for any reason;
* Use the Website and/or the Services for commercial or advertising purposes
or to spam other Attendees;
* 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
* Engage in harmful or criminal conduct of any kind.

b. 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
event.support@kaltura.com.

c. 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.

13. 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.

14. 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.

15. 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 September 7, 2021

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, 2021. 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:
DPO@kaltura.com.

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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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: http://www.aboutads.info and at the European Interactive
Digital Advertising Alliance (EDAA) website: http://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.

7. 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 DPO@kaltura.com. 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 DPO@kaltura.com (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 recordkeeping
purposes, and some residual digital information cannot be removed or changed.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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 DPO@kaltura.com.

13. 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.

14. 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 DPO@kaltura.com.
* 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: DPO@kaltura.com

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

15. 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.

16. 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:
DPO@kaltura.com.

You may also send inquiries to the following address:

Kaltura, Inc.

250 Park Avenue South, 10th Floor

New York, NY 10003

Attention: Legal Counsel

17. 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, 2021. 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.

2. 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.

3. 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.

4. 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).

5. 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.

6. 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.

7. 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.

8. 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.

9. 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: http://www.aboutads.info and at the European
Interactive Digital Advertising Alliance (EDAA) website:
http://youronlinechoices.eu. However, Kaltura does not guarantee that using
these tools will prevent online behavioral tracking using cookies through the
Kaltura Platform.

10. 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.

11. 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 (http://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.

12. 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.

13. 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 DPO@kaltura.com.

14. 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.

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.

15. 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:
http://ec.europa.eu/justice/data-protection/index_en.htm.

16. 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.

17. 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:
DPO@kaltura.com.

You may also send inquiries to the following address:

Kaltura, Inc.

250 Park Avenue South, 10th Floor

New York, NY 10003

Attention: Legal Counsel

18. Changes to this Privacy Notice

GDPR FAQs

FAQ – KALTURA’S COMPLIANCE WITH EUROPEAN UNION DATA PROTECTION LAWS

Q: WHAT IS THE GDPR?

A: The General Data Protection Regulation (GDPR) is an act of EU legislation
intended to harmonize and strengthen privacy law across EU countries. The
European Parliament approved the GDPR on April 14, 2016, and its requirements
became mandatory on May 25, 2018. Kaltura is committed to complying fully with
the GDPR and supporting our customers in their own GDPR compliance process.

Q: WHAT CATEGORIES OF PERSONAL DATA DOES KALTURA PROCESS IN CONNECTION WITH
PROVIDING ITS PRODUCTS AND SERVICES TO CUSTOMER

A: The categories of personal data collected and/or processed by Kaltura will
depend on the specific configuration and use case of the customer’s account.
Kaltura is a data processor to our customers with respect to their users’
personal information. Kaltura’s collection and processing of personal data is
solely for the purpose of providing its services to the customer. Kaltura does
not collect or process personal data from end users except as necessary for the
performance of its services.

Kaltura typically processes the following categories of personal data from a
customer’s end-users:

* Technical identifiers, including user IDs, user agents, and IP addresses;
* End user names and email addresses in cases where the customer’s user
authentication configuration requires this information (the authentication
flow can be configured to avoid collection of names and email addresses); and
* Account activity (including media files uploaded, recorded live sessions,
viewing history, likes and comments, chat history in live meeting solutions,
account analytics, and any quizzes taken).

A customer’s media content and metadata hosted on Kaltura’s SaaS platform may
also contain personal data. However, please note that Kaltura is a platform. It
does not screen or monitor customer content or metadata uploaded to the platform
to determine whether it contains personal or sensitive data.

Q: WHAT KIND OF COOKIES ARE USED BY THE KALTURA PLATFORM AND PLAYER?

A: Functional cookies are used as part of the Kaltura platform and products for
authentication and transmission security purposes. Kaltura MediaSpace uses
cookies for some of its basic functionality, such as storing player volume
choice, saving the user’s chosen language feature, and other preferences to give
viewers a better user experience. Kaltura live meeting solutions use cookies to
save device permissions (i.e. saving the user’s microphone and camera access
settings).

Kaltura also uses a cookie to collect analytics where non-authenticated users
interact with MediaSpace. Customers with a use case involving non-authenticated
users may wish to enable Kaltura’s Privacy Banner module, which requests user
consent before placing the analytics cookie. If the cookie is declined, the user
may still interact with MediaSpace, but individualized analytics for that user
will not be collected.

Some Kaltura customers leverage third-party analytics cookies (such as Google
Analytics, Omniture, or ComScore) and/or third-party advertising or marketing
automation cookies (such as Marketo or Eloqua), and these third-party cookies
have been enabled to interoperate with the Kaltura platform. If a customer is
using third-party analytics or advertising tools in connection with the Kaltura
platform, the customer should consider whether it needs to provide notice to
users about those cookies.

Q: WHAT TOOLS DOES KALTURA OFFER TO FACILITATE GDPR COMPLIANCE?

A: Kaltura’s SaaS platform includes various configuration options and tools,
such as anonymization, to address privacy concerns and support customers’
compliance with data protection regulations. For example, we offer a First Login
Disclaimer module that can be customized to display privacy notices and/or
document consent when the end user accesses the Kaltura platform for the first
time. To learn more about the tools and configuration options available, please
contact your Kaltura representative.

As a data processor to our customers, Kaltura offers a Data Processing Agreement
that contains relevant GDPR terms. Customers may access the Kaltura Data
Processing Agreement at
https://corp.kaltura.com/Kaltura-data-processing-agreement.

Q: WHERE DOES KALTURA PROCESS CUSTOMER DATA?

A: Kaltura’s SaaS platform and associated customer data are currently hosted in
the US. Regional cloud environments hosted in the EU, Singapore, Australia and
Canada are also available for customers who have special requirements with
respect to the hosting location. In appropriate circumstances, customized
regional hosting options can be configured for components of the Kaltura
solution (such as single-tenant hosting on a public cloud provider’s data
center). However, such deployment options require careful technical planning and
may require significant additional costs for the customer. To learn more about
Kaltura’s regional cloud environments and/or customized hosting options, please
contact your Kaltura representative.

Additional processing of customer data (e.g. transmission over a content
delivery network or temporary caching on local proxy servers) may take place in
jurisdictions where the customer’s end users upload media content or call
content for playback.

Members of Kaltura’s R&D, customer support, and business operations teams
located in the EU, the United Kingdom, Israel, and the US may access customer
data solely for troubleshooting, maintaining the services, and providing
customer support and account management. Kaltura also engages personnel in other
locations to provide support, development, and testing services.

Q: HOW DOES KALTURA ADDRESS THE ISSUE OF TRANSFERRING PERSONAL DATA OUTSIDE OF
THE EUROPEAN UNION?

A: For transfers of data to the US data centers hosting Kaltura’s SaaS platform,
as well as remote access to customer data by Kaltura’s technical and customer
support personnel, Kaltura relies on the European Commission’s set of Standard
Contractual Clauses, which remain a valid approach to transfers of personal data
across borders. Once signed, an agreement incorporating the Standard Contractual
Clauses commits cloud service providers to complying with the EU’s data
protection principles. Customers can access the Kaltura Data Processing
Agreement incorporating the Standard Contractual Clauses at
https://corp.kaltura.com/Kaltura-data-processing-agreement. For transfers of
data to Kaltura’s R&D and customer support teams in Israel, Kaltura relies on
the European Commission’s adequacy decision of January 31, 2011 (2011/61/EU).

Q: WHAT TECHNICAL AND ORGANIZATIONAL SECURITY MEASURES DOES KALTURA HAVE IN
PLACE?

A: Kaltura implements appropriate technical and organizational security measures
to safeguard the confidentiality and integrity of customer data. These measures
include user authentication, session verification, access control settings,
transportation layer encryption and security, and more. Some technical security
measures are non-default and can be implemented by the customer through the
Kaltura platform’s administrator settings. The US and regional cloud data
centers hosting Kaltura’s SaaS platform conduct SSAE16 SOC-1 Type II and SOC-2
Type II assessments and reporting. In addition, Kaltura holds ISO27001 and
ISO27799 certifications. For more information regarding Kaltura’s security
measures, including Kaltura’s disaster recovery and business continuity plans,
please contact your Kaltura representative.

Q: DOES KALTURA HAVE AN INCIDENT RESPONSE PLAN?

A: Kaltura has detailed policies and procedures in place to evaluate, respond
to, report, and document all incidents involving the accidental or unlawful
destruction, loss, alteration, unauthorized disclosure of, or access to personal
data. For more information about our incident response procedures, please
contact your Kaltura representative.

Q: WHAT IS KALTURA’S DATA RETENTION POLICY?

A: In general, customer content and user data are retained throughout the entire
contract term. However, if the customer’s administrative users mark specific
content for deletion, that content will be deleted from our database. Customers
may also set custom deletion rules and schedules for their content. In addition,
if a customer instructs Kaltura to delete user data relating to a specific user,
we will promptly comply with the request.

If a customer terminates their contract with Kaltura, customer content and user
data will be deleted at the end of the subscription term. In the event of
termination, the customer can always migrate their data to another storage
location or medium for retention purposes. Migration can be performed directly
by the customer through Kaltura APIs or with the assistance of our Professional
Services team. Upon termination, data recorded in Kaltura’s production logs and
information relating to Kaltura’s business transactions with the customer are
retained in accordance with Kaltura’s data retention policies.

Q: HOW WILL KALTURA ADDRESS DATA SUBJECT REQUESTS?

A: Data subject requests are handled on a case-by-case basis. Customers are able
to seek assistance for data subject requests through Kaltura’s online customer
care portal. Upon request by the customer, Kaltura is able to generate a copy of
personal data in a commonly used and machine-readable format. Kaltura is also
able to selectively delete personal data stored/processed. Unless otherwise
required by applicable law, any requests regarding personal information that
Kaltura receives directly from the end user will be promptly forwarded to the
relevant customer, and Kaltura will proceed only as instructed by the customer.
For more information, please refer to the Kaltura Data Subject Access Request
Policy and Procedures, a copy of which is available upon request.

Q: DOES KALTURA ENGAGE ANY SUB-PROCESSORS?

A: Kaltura currently engages sub-processors to provide cloud infrastructure and
hosting services, to carry out data delivery to end users over a content
delivery network (CDN), and to provide video enrichment functions (such as
content transcription, captioning, and translation services), and to provide
various customer support, CRM, accounting, payment, and similar services to our
customers. For media and telecom customers utilizing Kaltura’s Cloud TV
platform, Kaltura may engage additional sub-processors depending on the scope of
the deployment.

The exact sub-processors used in any given case depends on the specific
deployment and combination of products and services purchased. Customers may
request details about the particular sub-processors used in their deployment.
Customers can also request that they be notified of changes to those
sub-processors and given a chance to object to any changes in the applicable
sub-processors. Please submit these requests to your Kaltura representative or
to Kaltura’s DPO (email: DPO@kaltura.com).

Q: DOES KALTURA MAINTAIN A RECORD OF DATA PROCESSING ACTIVITIES?

A: Kaltura maintains a central record of data processing activities in
connection with the products and services we provide to our customers. The
record of processing activities is reviewed and updated on an ongoing basis
(such as when new functionalities are introduced or when new partners are
brought on as sub-processors). The record of processing activities applicable to
any particular customer can be provided upon request.

Q: DOES KALTURA HAVE A PRIVACY POLICY?

A: Kaltura has privacy policies regarding how Kaltura collects, uses, process,
protects, and discloses data through the Kaltura websites and the Kaltura SaaS
platform. Kaltura’s privacy policies can be accessed at
https://corp.kaltura.com/privacy-policy.

Q: DOES KALTURA HAVE AN EU DATA PROTECTION REPRESENTATIVE?

Q: Does Kaltura have an EU data protection representative?

A: Kaltura has appointed its wholly-owned German subsidiary, Kaltura Germany
GmbH, as its EU data protection representative. The contact information for
Kaltura’s EU data protection representative is as follows:

Kaltura Germany GmbH
c/o Mazars Tax GmbH
Theodor-Stern-Kai 1
60596 Frankfurt
Phone: +1 800 871 5224
Email: DPO@kaltura.com

Q: HOW CAN I LEARN MORE ABOUT KALTURA’S PRIVACY PROGRAM?

A: For additional information about Kaltura’s privacy program, please contact
Kaltura’s Data Protection Officer (email: DPO@kaltura.com). Legal inquiries can
be directed to Emily Dong, Legal Counsel, CIPP/E (email:
emily.dong@kaltura.com).

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.
250 Park Avenue South, 10th Floor, New York, NY 10003
+1 (646) 290-5445
DMCA@kaltura.com

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 Vice President of Legal Affairs.

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 Vice President of Legal Affairs.

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 Vice President of
Legal Affairs.

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 Vice President of Legal
Affairs, 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 Vice President of Legal Affairs.

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 Vice President of Legal Affairs, who will assess the
propriety of keeping the gift.

The Vice President of Legal Affairs 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 Vice President of Legal Affairs
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 Vice President of Legal Affairs 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 Vice
President of Legal Affairs 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 Vice President of Legal Affairs.
* 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 Vice President of Legal Affairs.
* Any deviation from the above requires the approval in writing from the Vice
President of Legal Affairs.

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 Vice
President of Legal Affairs. 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 Vice
President of Legal Affairs.

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 Vice President of Legal Affairs. Other
Business Associates shall be required to abide by this Policy if so directed by
the Vice President of Legal Affairs.

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 Vice President of Legal Affairs.

Covered Persons are required to monitor for and promptly report any “red flags”
that raise anti-corruption concerns to the Vice President of Legal Affairs.

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 Vice President of Legal Affairs. Covered Persons
may also report such suspected violations anonymously. The Vice President of
Legal Affairs 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 Vice President of Legal Affairs 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 Vice President of Legal
Affairs 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 Vice President of Legal Affairs may from time to amend the Annexes attached
to this Policy.

15. QUESTIONS ABOUT THIS POLICY

Please contact the Vice President of Legal Affairs 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 Vice President of Legal Affairs may delegate any of his or her duties under
this Policy to appropriate legal, compliance or other officials in the Company.

The Vice President of Legal Affairs 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 Vice President of Legal Affairs 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
http://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 Vice
President of Legal Affairs 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 which 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 Vice President of Legal Affairs. The forms of due diligence questionnaires
will be determined by the Vice President of Legal Affairs from time to time.

For the avoidance of any doubt, the due diligence process described in the
Policy and the forms provided by the Vice President of Legal Affairs 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: October 26, 2016

UK Modern Slavery Act

Modern Slavery Act Statement — 2021

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, 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, hardware, CRM and
content delivery network (CDN) providers, have detailed policies and codes of
conduct in place to ensure prevention of modern slavery and human trafficking in
the operation of their respective businesses.

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 accessibility.feedback@kaltura.com.

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