1. Consent to Agreement
If you do not agree to the terms of this Agreement, do not subscribe to, login in or otherwise use the Website.
By using or attempting to use the Website, you certify that you are of age to legally contract and you acknowledge that you have read, fully understood, and agree to be bound by this Agreement. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Website immediately.
If you are using the Website on behalf of any company, corporation, limited liability company, general or limited partnership, trust, proprietorship, joint venture, or other business entity, unincorporated association, organization or enterprise (each, an “Entity”) then you represent and warrant that you: (i) are an authorized representative of that Entity with the authority to bind such Entity to this Agreement; (ii) have read and fully understand the terms of this Agreement; and (iv) agree to this Agreement on behalf of such Entity.
2. Website’s Functionality
4. Warranties and Disclaimer of Warranties
THE WEBSITE IS PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY KINDITE, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. KINDITE DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS OR VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
5. Limitation of Liability
KINDITE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE WEBSITE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF KINDITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
IN ANY EVENT KINDITE’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF USD 100 (ONE HUNDRED UNITED STATES DOLLARS).
6. Proprietary Rights Notice
The Website (including any derivatives and enhancements) and all intellectual property rights in the Website are, and shall remain, the property of Kindite. All rights in and to the Website not expressly granted to you in this Agreement are hereby expressly reserved and retained by Kindite and its licensors without restriction, including, without limitation, Kindite’s right to sole ownership of its logos, trademarks, trade secrets, databases, reports, and the Website.
You agree not to (and not to allow any third party to): (i) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Website for any purpose without the express written consent of Kindite; (ii) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Kindite other than in the name of Kindite; or (iii) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Website.
You have no obligation to give Kindite any suggestions, ideas, enhancement requests, recommendations, comments or other feedback (“Feedback”) relating to the Website. To the extent Kindite receives any Feedback from you, Kindite may use and include any such Feedback to improve the Website or for any other purpose. Accordingly, you hereby irrevocably, exclusively and on a royalty-free basis, assign,all such Feedback to Kindite and its affiliates, licensees, clients, partners, third-party providers and other authorized entities may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback as it deems fit.
8. Modifications to Website
Kindite reserves the right to modify the terms of this Agreement from time to time. You are therefore encouraged to regularly review the Agreement.
Kindite may, from time to time, update or make certain modifications to the Website, including, without limitation, removing certain functionalities, changing the layout or adding new features that augment or enhance the Website (“Updates”). It is hereby clarified that any such Updates, including the release of new tools and resources, shall be subject to the terms of this Agreement. Continued use of the Website after any such Updates shall constitute your consent to such Updates.
9. Miscellaneous; Applicable Law and Venue
Kindite shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
This Agreement shall be governed by and construed under the laws of the State of Israel without reference to its conflict of law principles. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Tel-Aviv, Israel.
Any notices to Kindite must be sent to: firstname.lastname@example.org, and are deemed given upon receipt. The failure of Kindite to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
You may not assign or otherwise transfer any of your rights hereunder without Kindite’s prior written consent, and any such attempt is void. Kindite may freely assign its rights under this Agreement. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
The relationship between Kindite and you is not one of a legal partnership relationship, but is one of independent contractors.
Kindite provides businesses and organizations (“Subscribers”) a proprietary software as a service platform which creates
a zero-trust infrastructure for cloud-based applications enabling them to run seamlessly over client-side encrypted data,
avoiding the need for server-side decryption and all while maintaining essential cloud-based application operability (the
“Platform”) and other associated products and services.
Kindite Ltd. (“Kindite”, “we”, “our” or “us”) respects the privacy of the users of our Platform. Users include those users
who were designated by our Subscribers as authorized administrators of the Subscriber’s Platform usage (the “Subscriber
Admin”). Users also include visitors of our website located at: www.Kindite.com (“Visitors” and the “Site”,
We are committed to protect the Personal Information (as defined below) of Visitors and Subscriber Admins (each and
together “you”, “your” or “User”) which we process in connection with the use of our Site and Platform, as applicable
(collectively – the “Services”).
from you when you use the Services (or any part thereof), the manners in which we may use such information, and the
options and rights available to you.
Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Terms and Conditions of
A. Your Consent
BY ACCESSING AND/OR USING THE SERVICES (OR ANY PART THEREOF), YOU ARE ACCEPTING
INSTALLING AND IMPLEMENTING KINDITE’S LOCAL ENCRYPTION MODULE (“LEM”) OR BY
ACCESSING THE PLATFORM, YOU AGREE TO THE COLLECTION AND PROCESSING OF YOUR
PERSONAL INFORMATION (AS DEFINED BELOW). IF YOU DISAGREE WITH ANY TERM PROVIDED
HEREIN, PLEASE DO NOT INSTALL, IMPLEMENT, USE OR ACCESS THE PLATFORM, THE
SERVICES, THE LEM OR ANY PART THEREOF IN ANY MANNER WHATSOEVER AND, IF
APPLICABLE, UNINSTALL THE LEM FROM YOUR SYSTEMS AND DO NOT USE THE PLATFORM IN
ANY MANNER WHASOEVER.
Please note: you are not obligated by law to provide us with any Personal Information.
B. What Information Do We Collect?
We may collect two types of data and information from our Users: Non-Personal and Personal Information.
1. Non-Personal Information
“Non-Personal Information” is non-identifiable and anonymous information. We are not aware of the identity of
the User from which we have collected the Non-Personal Information. Non-personal Information which is being
gathered consists of aggregated, statistical or otherwise any technical information and behavioral analysis which
is not associated with any identified or identifiable individual. Such Non-Personal Information may consist of
technical information and behavioral information, and may contain, among other things, aggregated information
concerning browser information, application level, database type and operation system, application server type
and operating system, cloud provider and region, application query counts, and number of encrypted fields per
database, browser type, User’s ‘click-stream’ on the Site and/or Service, screen resolution, keyboard language, etc.
2. Personal Information
“Personal Information” is individually identifiable information, namely information that identifies an individual
or may, with reasonable efforts or together with additional information we have access to, enable the
identification of an individual, or may be information of private or sensitive nature relating to an identified or
identifiable natural person. Identification of an individual also includes association of such individual with a
persistent identifier such as a name, an identification number, persistent cookie identifier etc. Personal
Information does not include information that has been anonymized or aggregated so that it can no longer be used
to identify a specific natural person.
3. Different Data Subjects
As reflected above, we consider two types of Users with respect to whom we process Personal Information:
Visitors and Subscriber Admins. These User types differ in the scope and nature of Personal Information we may
process in relation to them. For example, we process relatively little personal information of Visitors to our Site.
On the other hand, since the core of our Services center around providing businesses data encryption security
solutions, this requires us to process a greater amount of personal information in relation to Subscriber Admins in
order to provide our Services to our Subscribers.
4. Subscriber Admin Data
We collect and process the following categories of Personal Information related to you if you are a Subscriber
a. Actively provided Subscriber Admin’s Data: you actively provide us any provided entries, text input,
uploaded data or actions in our Platform, for example:
i. Subscriber Admin’s contact information, such as name, email address and telephone number;
ii. Subscriber Admin’s association/employment with Subscriber;
iii. Subscriber Admin’s country of residence;
iv. Subscriber Admin’s Platform and system preferences; or
v. The contents of your interaction with our customer support or sales departments, which may
include text/video/audio recording and transcripts of such communications.
b. Subscriber Admins’ system data such as device model/type, web browser version, screen resolution,
operating system etc.
c. Subscriber Admins’ Platform session data, such as IP address, Subscriber Admins’ click-stream,
preferred language, duration of session, time and date of session, session replay and session heatmaps,
5. Visitors Data
We collect and process the following categories of Personal Information related to you if you are a Visitor of our
a. Data you actively provide us, such as in an email or the correspondence you may send us to our address
as listed on our Site, or any entries and text in our Site forms, for example, to our “contact us” form, or
“Schedule a demo” form.
b. Visitors’ system data such as device model/type, web browser version, screen resolution, operating
c. Visitors’ browsing session data such as IP address, information we derive from Visitors’ IP address such
as city and country associated with the IP address, Visitors’ click-stream, HTTP referral, preferred
language, duration of session, time and date of session, session replay and session heatmaps, etc.
d. The contents of your interaction with our customer support or sales departments, which may include
text/video/audio recording and transcripts of such communications
C. How Do We Collect Personal Information?
There are three main ways in which we collect Personal Information: (i) information is actively provided to us by the
User, (ii) information is collected automatically and is derived by our systems from your use of our Platform and
Services, (iii) information we obtain from other sources or third parties.
1. Actively provided information. Generally, this category refers to any information, data or content you actively
create, input or provide through our Platform or Services. PLEASE NOTE – IF YOU GIVE US PERSONAL
INFORMATION ABOUT SOMEONE ELSE, YOU MUST DO SO ONLY WITH THAT PERSON’S EXPRESS
AUTHORIZATION. YOU SHOULD INFORM THEM HOW WE COLLECT, USE, DISCLOSE, AND
PROVIDE US WITH THEIR PERSONAL INFORMATION.
2. Automatically collected information. This category refers to Personal Information automatically collected from
a User’s use of and interaction with the Platform and Services. We collect information about your interaction with
our Platform and information related to our communications with you. This is information we receive from
devices (including mobile devices) and software you use when you access our Platform and use our Services. We
web beacons, unique identifiers, and similar technologies which allow us to collect information about the pages
and screens you view, the links and objects you click, and other actions you take when using our Platform and
You may be able to control and/or disable this collection of information through the configuration of your device
depending on your operating system. Also, please keep in mind – that most devices and auxiliary software, allow
you to control or disable the use of certain collectable information including location services, by any application,
in the device’s settings menu.
For more information about our use of these technologies and how to control them, see our cookies policy
3. Information obtained from third Parties
We may also collect Personal Information concerning you, from third parties who have assured us that they have
obtained your consent for such provision of information or that you have freely and publicly provided. For
example, if you are a Subscriber Admin we will be receiving certain information relating to you from the
Subscriber (which is your employer) in order to provide such Subscriber with our Services, e.g., so that we can
configure and set up administrative profiles on our Platform prior to first login.
D. What are the Purposes of the Collection and Processing of Personal Information?
1. Legal Basis for collection and Processing
one of the following legal grounds:
a. With respect to Subscriber Admins
i. Under our legitimate interest – We process your information for our legitimate interests while
applying appropriate safeguards that protect your privacy. This means that we process your
information for things like detecting, preventing, or otherwise addressing fraud, abuse, security,
usability, functionality or technical issues with our Services, protecting against harm to the
rights, property or safety of our properties, our Users, or the public as required or permitted by
law; enforcing legal claims, including investigation of potential violations of this Privacy
Policy; in order to comply and/or fulfil our obligations under applicable laws, regulations,
guidelines, industry standards and contractual requirements, legal process, subpoena or
Specifically, we process your Personal Information on behalf of and for the performance of a
contract with our Subscriber, including as necessary for the establishment and performance of
our contractual engagements with our Subscriber (who is your employer), in the scope of our
role as services providers (processors) to our Subscriber and under such Subscriber’s
instructions. Under such engagement we shall provide Subscriber with the Services, maintain
and improve our Services, Platform and Site, develop new services and features for our Users
and Subscribers, and personalize the Services in order for Users to get a better user experience.
ii. Consent- We ask for your consent to process certain portions of your information for specific
purposes, and you have the right to withdraw your consent at any time.
b. With respect to Visitors
i. For the performance of a contract and provision of services – following your acceptance of
these Terms, we collect and process your Personal Information in order to provide you with our
Site; to maintain and improve our Services; to develop new services and features for our Users;
and to personalize the Services in order for you to get a better user experience.
ii. Under our legitimate interest- We process your information for our legitimate interests while
applying appropriate safeguards that protect your privacy. This means that we