Aggregate Data & Insights Licence

This Licence is an agreement between Koali Inc. (“Koali”) and the business that orders, accesses, downloads, or uses the Insights (the “Licensee”, “you”). The person accepting this Licence confirms they are authorised to bind the Licensee.

You accept this Licence by clicking “I agree” (or similar), by signing an order that references it, or by accessing or using the Insights. If you do not agree, do not access or use the Insights.

This Licence incorporates the Koali Terms of Service by reference. Where this Licence and the Terms of Service address the same subject, this Licence governs for your use of the Insights. You may write to us in English or French, and we will reply in the language you used.

• “Aggregate Insights” (also “Insights”) means the aggregate, non-identifying labour-market statistics, reports, benchmarks, charts, and data files that Koali makes available to you under this Licence - for example, salary ranges, application volumes, time-to-response, and skills or demand trends by role, sector, seniority, and region. Aggregate Insights are produced with small-cell suppression (small groups are withheld so that no individual can be singled out). Aggregate Insights contain no personal information and no individual records - they describe groups, not people. Koali does not sell personal information or “de-identified” data; it licenses only genuine aggregate statistics.
• “Personal Information” means information about an identifiable individual, as defined under applicable Canadian privacy law.
• “Internal Business Use” means use by the Licensee, by its own personnel, for the Licensee's own business analysis, planning, and decision-making - and not for the benefit of, or redistribution to, any third party.

Subject to your compliance with this Licence, Koali grants you a non-exclusive, non-transferable, revocable licence to access and use the Aggregate Insights for your Internal Business Use during the term.

This is a licence to use the Insights - not a sale. Koali grants no rights other than those expressly stated here. The licence does not extend to your affiliates, clients, or any other person, and may not be assigned or sublicensed without Koali's prior written consent.

These restrictions are the core of this Licence. They exist to protect the privacy of the individuals whose activity, in aggregate, the statistics describe. You must not, and must not permit or enable any other person to:

• attempt to re-identify or single out any individual from the Insights, or otherwise try to determine the identity of, or any fact about, any specific person;
• combine the Insights with any other data - whether your own data, public data, or data from any third party - for the purpose of, or with the effect of, re-identifying or singling out any individual;
• resell, redistribute, sublicense, publish, or otherwise make available the raw Insights (in whole or in substantial part) to any third party, or incorporate them into any product, dataset, or service offered to others;
• use the Insights to make any decision about, or take any action toward, any specific individual - including any hiring, employment, credit, eligibility, screening, or contact decision; or
• remove, obscure, or alter any notice, attribution, or watermark on the Insights, or misrepresent their source, scope, or meaning.

Aggregate statistics are safe precisely because they describe groups. Using them to reach back toward an individual breaks that promise - so it is not permitted under any circumstances.

As between you and Koali, Koali owns all right, title, and interest in and to the Aggregate Insights, including all intellectual property rights in the underlying data, methodology, structure, and presentation. Nothing in this Licence transfers ownership of the Insights to you. You retain ownership of your own data and of any analysis you independently create, provided that analysis does not contain or reconstruct the raw Insights in breach of Section 4.

The Aggregate Insights are provided “as is” and “as available”, without warranty of any kind. To the maximum extent permitted by applicable law, Koali disclaims all warranties, express or implied, including any warranty of accuracy, completeness, currency, or fitness for a particular purpose. The Insights are statistical summaries; they may contain estimation error and are not advice. You are responsible for your own conclusions and decisions.

To the maximum extent permitted by applicable law, neither party is liable to the other for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunity, arising out of or relating to this Licence. To the maximum extent permitted by applicable law, Koali's total aggregate liability for any claim arising out of or relating to this Licence or the Insights is limited to the greater of (a) the fees you paid Koali for the Insights in the 12 months before the claim, or (b) CAD $100.

Nothing in this Section limits or excludes liability for fraud, fraudulent misrepresentation, gross negligence, or anything else that cannot be limited or excluded by law. Nothing in this Section limits your re-identification, IP, or confidentiality obligations under this Licence.

Where Insights or related materials are marked or identified as confidential, you must keep them confidential, use them only as permitted by this Licence, and protect them with at least the care you use for your own confidential information. This obligation does not apply to information that is or becomes public through no fault of yours, that you already lawfully held, or that you are required to disclose by law (in which case you will, where lawful, give Koali reasonable advance notice).

This Licence applies for as long as you have access to the Insights. Koali may revoke or terminate this Licence at any time, and the licence ends automatically if you breach Section 4. On termination, you must stop using the Insights and, on request, delete or return any copies in your possession or control (subject to routine backups and any retention required by law).

Survival. The following obligations survive termination of this Licence: the re-identification and no-single-out restrictions (Section 4), ownership and intellectual property (Section 5), confidentiality (Section 8), and limitation of liability (Section 7), together with any other provision that by its nature should survive.

This Licence is governed by, and disputes under it are heard in, the governing law and forum set out in the Koali Terms of Service. Nothing in this Licence removes any mandatory right you may have under applicable law.

Questions about this Licence, or to request access to Koali's aggregate reports: business@koali.ca.