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.
1. User’s Consent
2. Information We Collect
We may collect certain Personal Information, Technical Information and Usage Information (collectively, “Information”), as follows:
a. “Personal Information” refers to any personal information such as your name, email, phone number, address or other contact details or personal content that you provide to us whether through a form or field on our Website or any other communication (e.g. email, phone, post etc.);
b. “Technical Information” refers to data such as Internet Protocol (IP) address, browser type, operating system and version, device type, approximate geographic location of your computer (from your IP address), domain name, operating environment and hardware profiles and/or a date/time stamp for your visit, and other similar technical information that is typically received from your browser or device when visiting our Website. We may also use Identifiers (as defined below) and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and/or access to our Website and your activity in the Website. Like most internet services, we automatically gather this information and store it in log files each time you visit the Website.We use industry standard identifiers, such as cookies or other similar technologies. Cookies are small pieces of information which are issued to your computer or when you visit or access a website and which store and sometimes track information about your use of such website. A number of cookies we use last only for the duration of your session using the Website and expire when you close your browser or exit the Website. Other cookies are used to remember you when you return to use the Website and will last for longer. We refer to cookies and equivalents technologies as “Identifiers“.
c. “Usage Information” refers to the information related to your use of our Website, including where you clicked, scrolled, focused (i.e. zoom), and navigated to on the Website. It may also include information related to whether you received, opened or clicked on any links in an email sent to you.
3. How We Collect Information
We may use various methods to collect Information, including:
a. Usage and Log Information. We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our Website, log files, diagnostic and performance logs and reports).
b. When you voluntarily provide us with Information. For example, in any form, registration, community forums, search request or request for information. This may also include information you provided through your participation in a conference or event that we attend.
c. Information obtained from third party sources. This includes information received through marketing tools and services, web analytic tools and public sources such as social media sites. We may combine the information received through these sources with other information we have in order to ensure our records are up to date and so that we are able to provide you with relevant content.
4. How We Use Information
We use Information for the following purposes:
a. To send you marketing materials related to Kindite that we believe may interest you such as a periodic newsletter emails or information about Kindite products and services. In some cases you may have requested and/or consented to receive such materials. Otherwise we may send you such materials only where we have a lawful basis to do so – for example, when we have a legitimate interest to market our products and services to you;
b. To process your inquiries and respond to your requests. For example, when you contact us for additional information on our products or services or when you request to receive certain content (e.g. products or services information);
c. To analyze how you have used our Website (including your activities and interactions on the Website) and to customize the Website. We do this based on our legitimate interest to operate our Website, diagnose any problems with the Website and to improve the Website and your experience when navigating the Website;
d. In our legitimate interest to prevent fraud or harm to Kindite or to any third party, and ensure the security of Kindite network and services;
e. Where it is necessary for Kindite to comply with its legal obligations and to exercise and enforce its legal rights;
f. Help us operate, provide, improve, understand, customize, support, and market our products and services; and
g. Prevent, detect, and investigate fraud, security breaches, potentially prohibited or illegal activities, and to protect our trademarks.
5. With Whom We Share Information
In order to conduct our business, we may share Information with various third parties, such as:a. Third parties that help us operate our Website and services (e.g. hosting company, payment processors, business management and email distribution service providers and other similar service providers);
b. When complying with legal requirements, such as court orders, subpoenas, and other lawful requests by public authorities, including to meet national security or law enforcement requirements;
c. Legal authorities, consultants, advisors or service providers when required to investigate, respond to or prevent fraud; or when required to ensure the security of the Kindite network and protect the safety of Kindite or the public;
d. As part of any merger or acquisition of Kindite, information may be transferred to the acquiring company, as well as to any advisors representing a party during discussions of such merger or acquisition; and
e. Kindite resellers, agents, sales partners or service providers acting on our behalf in connection with the offering of Kindite products or services.
Kindite may also publish general aggregate and unidentifiable information (e.g. statistical information) relating to use of the Website or success of its marketing campaigns.
6. Service Providers
From time to time, we may establish a business relationship with other businesses that we believe to be trustworthy and have privacy practices consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, accounting, data analytics and data storage and management, and marketing and promotions. We only provide our Service Providers with the Information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Information from unauthorized access, use or disclosure. Service Providers are prohibited from using Information other than as specified by Kindite. You hereby consent that the Information may be transferred by Kindite to Service Providers in accordance with the above.
7. How We Protect the Information
We have implemented appropriate technical, organizational and security measures to protect against unauthorized access to or unauthorized alteration, disclosure, accidental loss or destruction of the Information. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store the Information. Despite these measures, you should know that Kindite cannot fully eliminate security risks associated with the Information. If you have any questions about the security of your Information, you can contact us at email@example.com.
8. Where Do We Store the Information?
Kindite stores Information on its own servers as well as those operated by third party data hosting providers. Such servers may be located worldwide.
9. How Long Kindite Retain My Information?
We will only retain the Information for as long as necessary to pursue the purpose of the collection. We may also retain the Information for such time needed to pursue our legitimate business interests, in connection with any legal claims and compliance with legal obligations.
10. Updates to Our Policy
11. Information Changes
If you believe that the Information which include personal information that we hold about you may not be complete, accurate and up-to-date, you may change aspects of any of such Information by sending an email to us at firstname.lastname@example.org . You may request deletion of your Information by us, but please note that we may be permitted or required (by law or otherwise) to keep this Information and not delete or change it (or to keep this Information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). We will respond to your request within 30 days.
12. Children’s Privacy
We do not intentionally gather Information about individuals who are not of age to legally contract. If you become aware that we inadvertently hold or have access to Information about anyone under such age, please let us know so we can delete it.
13. Contact Information
14. Queries, Concerns and Complaints
If you have any queries, concerns or complaints about the manner in which we have collected, stored, used or disclosed your Information, please contact Kindite using the details below:
We will ensure that we respond to your complaint within a reasonable time (and in any event within the time required by applicable law).