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We at KNOWMAIL S.A.L. LTD (“Knowmail“, “us“, “we“, or “our“) recognize and respect the importance of maintaining the privacy of our customers and, as a result, we have established this Privacy Notice. If not otherwise defined herein, capitalized terms have the meaning given to them in the End User License Agreement, which is available at https://www.knowmail.me/terms/#eula (the “EULA“). This Privacy Notice describes the types of information we collect from you when you visit our Site and/or use our Software. This Privacy Notice also explains how we may process, transfer, store and disclose the information collected, as well as your ability to control certain uses of the collected information.
Knowmail S.A.L. LTD is the data controller in respect of the processing activities outlined in this Privacy Notice. Our registered office is 7 HaTnufa, Petah Tikva, Israel 4951025 and our registration number 515028868.
If you log in through Microsoft “Cortana”, Microsoft may also be a controller in respect of processing your Personal Information.
Privacy Notice Key Points
The key points listed below are presented in further detail throughout this Privacy Notice. These key points do not substitute the full Privacy Notice.
- Personal Information We Collect. When you visit our Site and/or install and/or use our Software, we collect Personal Information (as defined below) provided by you, such as your name and email address. We also (automatically) collect information about your use of the Software. If you contact us for questions or complaints, we will collect the information related to your inquiry.
- Basis for Processing Your Personal Information. Processing your Personal Information is necessary for the performance of the EULA and the provision of the Software to you. Processing for the purposes of developing and enhancing our products and services, for analytics and usage analysis, for fraud prevention and security and for our recordkeeping and protection of our legal rights – are all necessary for the purposes of legitimate interests that we pursue
- Using the Information We Collect. We use the information (including Personal Information) we collect mainly to administer and provide the Software, contact you with administrative information, and improve the Software.
- Sharing the Personal Information We Collect. We may share the Personal Information we collect with our service providers and subcontractors who assist us in the internal operation of the Software and process the Personal Information on our behalf and under our instructions.
- International Transfer. We may use service providers and/or subcontractors located in countries other than your own, and send them your Personal Information. We will ensure to have agreements in place with such subcontractors and service providers ensuring the same level of privacy and data protection as set forth in this Privacy Notice. You hereby consent to such international transfer.
- Your Rights. Subject to applicable law and additional rights as set forth below, you may have a right to access, update or delete your Personal Information and obtain a copy of the Personal Information we have collected about you.
- We retain information for as long as necessary for the purposes set forth in this Privacy Notice.
- We implement measures to reduce the risks of damage and unauthorized access or use of Personal Information, but they do not provide absolute information security.
- Changes to the Privacy Notice. We may change this Privacy Notice from time and shall notify you of such changes.
Personal Information We Collect
We collect information from you when you choose to visit our Site and/or install or use our Software. In order to use our Software, you will be required to provide us with certain Personal Information (as defined below). We also collect Personal Information when you request information from us, sign up for newsletters or our email lists, complete online forms, or contact us for any other reason. In addition, we may receive Personal Information about you as provided by the email provider or other third-party with respect to which you use the Software. Please check such third party’s policies in order to understand what information we receive.
It is your voluntary decision whether to provide us with any Personal Information, but if you refuse to provide such information we may not be able to provide you with the Site and/or Software.
“Personal Information” means any information that refers, is related to, or is associated with an identified or identifiable individual or as otherwise may be defined by applicable law. Examples of the Personal Information that we collect from you may include your name, email address, information contained in your mailbox and email messages, information contained in the profile, calendar and contacts associated with your email account, which shall be encrypted, as well as other information with respect to your use of and activity on the email account in respect of which you are using the Software. Such Personal Information may be collected by us through the Software.
In addition, when you use the Site and/or Software, certain information may be automatically gathered about your email platform and computer or mobile device, such as browser name, the type of computer and technical information about your means of connecting to our Site and/or Software, such as the operating system operating system, IP address and the Internet service providers utilized and other similar information.
Using the Information We Collect
We and any of our trusted third-party subcontractors and service providers may use the Personal Information we collect from and about you for any of the following purposes: (1) to provide you with the Site and/or Software; (2) to respond to your inquiries or requests, contact and communicate with you and provide customer support; (3) to develop new products or services and to review and analyze the usage and operations of our Site and/or Software, including by creating and using statistical information in an aggregated and non-specific format or on a per user and/or per organization basis; (4) to contact you with informational newsletters and promotional materials relating to our Site and/or Software; and (5) to prevent fraud, protect the security of our Site and/or Software, and address any problems with the Site and/or Software.
By analyzing all information we receive, including all information concerning users, we may compile statistical information across a variety of platforms and users (“Statistical Information“). Statistical Information helps understand trends and customer-needs so that new products and services can be considered and so existing products and services can be tailored to customer desires. Statistical Information can be individualized per user or per organization or be anonymous and aggregated. We may share the anonymous and aggregate Statistical Information with our partners, without restriction, on commercial terms that we can determine in our sole discretion.
We, or our service providers or subcontractors, may use analytics tools (“Tools“), to collect information about the use of the Site. Such Tools collect information such as how often users use the Site and what other sites and mobile applications they used prior to using the Site. The Tools may collect certain Personal Information, and may link such Personal Information to specific information stored in our customer database. We use the information we get from the Tools to improve our Site.
We may use your Personal Information as required or permitted by any applicable law.
Sharing the Personal Information We Collect
We may share your information, including Personal Information, as follows:
Business Partners, Service Providers, Affiliates, and Subcontractors
We may disclose information, including Personal Information we collect from and/or about you, to our trusted service providers, business partners, affiliates, subcontractors, who may use such information to: (1) help us provide you with the Services; (2) aid in their understanding of how users are using our Site and/or Software; (3) when you use the Software as part of an organization, we may disclose Statistical Information and/or analytics about your use or the organization’s users use of the Software to such organization.
We may use subcontractors and service providers who are located in countries other than your own and send them information we receive (including Personal Information). We will ensure that these subcontractors and service providers will be subject to written agreements ensuring the same level of privacy and data protection as set forth in this Privacy Notice. You hereby consent to such international transfer.
We may transfer our databases containing your Personal Information if we sell our business or part of it.
Law Enforcement Related Disclosure
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or digital content, including in the event of any user suspected to have engaged in illegal or infringing behavior. We may also share your Personal Information with third parties: (i) if we believe in good faith that disclosure is appropriate to protect our rights, property or safety (including the enforcement of the EULA and this Privacy Notice); (ii) to protect the rights, property or safety of third parties; (iii) when required by law, regulation subpoena, court order or other law enforcement related issues; or (iv) as is necessary to comply with any legal and/or regulatory obligation. You can request such Personal Information as specified herein by emailing us at email@example.com.
Other Uses or Transfer of Your Information
We allow you to use our Software in connection with third-party services, sites, and/or mobile applications. If you use our Site and/or Software with or through such third-parties, we may receive information (including Personal Information) about you from those third parties. Please note that when you use third-parties services with our Site and/or Software, their own terms and privacy policies will govern your use of those services.
We make efforts to follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
You have certain rights in relation to the Personal Information that we hold about you, as detailed below. We reserve the right to ask for reasonable evidence to verify your identity before we provide you with any information and/or comply with any of your requests, as detailed below:
- Right of Access and Data Portability. You have a right to know what Personal Information we collect about you and, in some cases, to have the information communicated to you. Subject to the limitations in applicable law, you may be entitled to obtain from us a copy of the Personal Information you provided to us (excluding information that we obtained from other sources) in a structured, commonly-used, and machine-readable format, and you may have the right to (request that we) transmit such Personal Information to another party. If you wish to exercise this right please contact us letting us know what information in particular you would like to receive and/or transmit. Subject to applicable law, we may charge you with a fee. Please note that we may not be able to provide you with all the information you request, for instance, if the information includes Personal Information about another person. Where we are not able to provide you with information that you have asked for, we will endeavor to explain to you why. We will try to respond to any request for a right of access as soon as possible.
- Right to Correct Personal Information. Subject to the limitations in applicable law, you may request that we update, correct or delete inaccurate or outdated Personal Information and/or that we suspend the use of Personal Information, the accuracy of which you may contest, while we verify the status of that Personal Information. We will correct your Personal Information within a reasonable time from the receipt of your written request thereof.
- Deletion of Personal Information. In certain circumstances you have a right to have Personal Information that we hold about you deleted. Should you wish to have any Personal Information about you deleted, please contact us, using the contact information specified in this Privacy Notice. Subject to applicable law, we will delete Personal Information provided to us by a user within a reasonable time from the receipt of a written (including via email) request by such user to delete such collected information. We cannot restore information once it has been deleted. Please note that to ensure that we do not collect any further Personal Information, you should also disconnect and disable our Software from your applicable email and/or Microsoft “Cortana” account and terminate your account with us and clear our cookies from any device where you have used our Software. We may retain certain Personal Information (including following your request to delete) for audit and record-keeping purposes, as well as other purposes, all as permissible and/or required under applicable law. We may also retain your information in an anonymized form.
- Account Deactivation. You can ask us to deactivate your account by contacting us using the information below. In order to deactivate your account, we may ask you for additional information.
- Right to Object. Subject to applicable law, you may have the right to object to processing of your Personal Information for certain purposes.
- Supervisory Authority. If you are a European Citizen, you may have the right to submit a complaint to the relevant supervisory authority.
We retain information as necessary for the purposes set forth above. We may delete information from our systems, without notice to you, once we deem it is no longer necessary for the purposes set forth above.
Third parties through which we may provide the Software and Site may be placing and reading cookies on your browsers or using web beacons to collect information.
How to Adjust Your Preferences
Most web browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. In addition, you are free to delete any existing cookies at any time. Please note that some features of the Site may function improperly when cookies are disabled or removed.
Third-Party Applications and Services
All use of third-party applications or services is at your own risk and subject to such third party’s terms and privacy policies.
Subject to your consent and applicable law, we may send you e-mail or other messages and/or a newsletter about us or our Site and/or Software. You may remove your Personal Information from our mailing list and stop receiving future communication from us by following the UNSUBSCRIBE link located at the bottom of each communication or by emailing us at firstname.lastname@example.org. You will also be given the opportunity to unsubscribe from commercial messages in any such e-mail or message we send. Please note that we reserve the right to send you service-related communications, including service announcements and administrative messages relating to your account, without offering you the opportunity to opt out of receiving them. Should you not wish to receive such communications you may cancel your account. Children
We do not knowingly collect personally-identifiable information from children under the age of sixteen (16). In the event that you become aware that an individual under the age of sixteen (16) has enrolled without parental permission, please advise us immediately.
Changes to the Privacy Notice
When using the Software, you shall be asked to accept the terms of this Privacy Notice. If you do not agree with the terms hereof, please do not use the Software. We may update this Privacy Notice from time to time – we encourage you to review it periodically. By continuing to access or use the Software after those changes become effective, you agree to be bound by the revised privacy notice We will post the updated Privacy Notice on this page. Please come back to this page every now and then to make sure you are familiar with the latest version. Any new Privacy Notice will be effective from the date it is accepted by you.
Comments and Questions
Last updated: March 2018
TERMS OF SERVICE FOR API SERVICE
These Terms of Service (“Agreement“) is between the person accepting this Agreement or the Company (as defined below) on behalf of which this Agreement is accepted and Knowmail S.A.L. Ltd. (“Knowmail“, “us“, “our“, or “we“). Knowmail’s application programming interface (“API“) allows its customers to integrate the “Knowmail for Outlook” and/or “Knowmail for Mobile” services (“Knowmail Service“) within their respective companies’ email platforms (“Customer Platform“). The terms and conditions of this Agreement and the license granted herein, together with any later agreements which may be entered between the parties (each, a “Purchase Order“) govern your use of the API and Knowmail Service. Our Privacy Notice, available at https://www.knowmail.me/terms/#privacy, governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice).
Please read this Agreement carefully. By clicking the acceptance button you signify your assent to all of the terms and conditions of this Agreement. If you do not agree to (or cannot comply with) all of the terms and conditions of this Agreement, do not click the acceptance button and do not use the API or Knowmail Service.
In the event of a conflict between this Agreement and a Purchase Order, the provisions of such Purchase Order shall prevail.
If you are registering on behalf of any entity or company (“Company“), you represent that you are authorized to enter into, and bind the Company to this Agreement and register to use the API and Knowmail Service. You are solely responsible for ensuring that this Agreement is in compliance with all laws, rules, and regulations applicable to you and the Company and the right to access the API or Knowmail Service is revoked where this Agreement or use of any of the foregoing is prohibited.
Subject to the terms and conditions of this Agreement and any Purchase Order, including payment of the fees, if applicable, Knowmail hereby grants you a non-exclusive, non-sublicensable, non-transferable, revocable and limited right and license (i) to use the API and Knowmail Service solely in accordance with the applicable documentation (“Documentation“) and the features embedded within the Knowmail Service; and (ii) to allow end users of your company’s Customer Platform (“Employees“) to access the Knowmail Service through the Customer Platform. The limits on the number of Employees, numbers of devices, and number of API calls shall be as set forth in the developer portal area of the Knowmail website. Notwithstanding the above, if you and Knowmail have entered into Purchase Order, usage limitations shall be as set forth in such Purchase Order.
In order to use the API, you will need to have a registered account. To complete the registration process, you must provide all registration information as requested by us. We may indicate that the provision of some information is optional. Accounts must be associated with an email of a Company for which the API will be used and may not be associated with a personal email account.
Knowmail may refuse to open an account for any individual or entity at its sole discretion, including, without limitation in the event of attempted registration using a personal email account.
You agree to notify us immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Knowmail will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Knowmail harmless for any unauthorized, improper or illegal use of your account, and any charges and taxes incurred, unless you have notified us via e-mail at email@example.com that your account has been compromised and have requested that we block access to it, which we will do as soon as reasonably practicable. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the API or Knowmail Service.
Termination of Account
You agree that Knowmail may, for any reason, at its sole discretion and without notice, terminate your account, and may take any other corrective action it deems appropriate. Grounds for such termination may include but are not limited to (i) extended periods of inactivity, (ii) violation of the letter or spirit of this Agreement or a Purchase Order, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is harmful to other individuals or users or the business interests of Knowmail, or (v) failure to make payment in accordance with the terms specified herein, including chargebacks. If your account is terminated, you may not rejoin Knowmail again without our express permission. Upon termination of your account, you and your Employees shall not have any further access to the API or Knowmail Service.
We reserve the right to investigate suspected violations of this Agreement or a Purchase Order or illegal and inappropriate behavior through use of the API and Knowmail Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, or behavior of anyone believed to have violated this Agreement or a Purchase Order or to have engaged in illegal behavior in connection with the API or Knowmail Service.
You may request termination of your Knowmail account at any time and for any reason by sending an email to firstname.lastname@example.org. Following such request, Knowmail shall close your account as soon as reasonably practicable. Termination of your account will result in the Knowmail Services no longer being available to Employees through your Customer Platform. Any suspension, cancellation or termination of your account shall not affect your obligations under this Agreement or a Purchase Order (including but not limited to intellectual property, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense or context are intended to survive such suspension, cancellation or termination.
Employee Consents, Personal Data
In order for Employees to access and use the Knowmail Service, Knowmail will be required to access the Customer Platform account or other email account with which the Knowmail Service is being used and copy, modify, and alter content in or related to the account. You represent and warrant that you have and shall maintain throughout the term of this Agreement and for a period of one (1) year thereafter, the consent of Employees as may be required by applicable law to allow Knowmail to access, use, copy, modify, and alter any content contained in or in relation to the Employee’s Customer Platform or other email account for the provision of the Knowmail Service in accordance with the terms of this Agreement or a Purchase Order.
In addition, the Knowmail Service will enable Knowmail to access and process any Personal Data contained in such Employee’s Customer Platform or other email account on your behalf. You represent and warrant that you have and shall maintain all necessary rights, authorizations, and consent, and have provided all notices required under applicable law, in order to allow for Knowmail’s collection of Personal Data of Employees and its processing activities as contemplated herein
Except as expressly set forth herein, you may not do, attempt to do, or permit any third party, including without limitation an Employee, to do any of the following: (i) decipher, decompile, disassemble, or reverse-engineer the API, the Knowmail Service and/or their underlying ideas, algorithms, or code, including framing or mirroring any part thereof; (ii) use the API, Documentation, or Knowmail Service, or any content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in this Agreement; (iii) circumvent, disable, or otherwise interfere with security-related features of the API or Knowmail Service or features that prevent or restrict use or copying of the Knowmail Service; (iv) use or access another user’s account or password without permission; (v) remove any product identification, copyright, reference for patent or other notices; or (vi) modify the Knowmail Service, insert any code or product, or in any other way manipulate the Knowmail Service. You shall remain fully liable to Knowmail and any of its affiliates for any violation of the foregoing restrictions by any Employee and/or unauthorized user of your Customer Platform.
To the extent any of the restrictions set forth above are not enforceable under applicable law, you shall inform Knowmail in writing prior to engaging in any of the applicable activities.
If relevant, you agree to pay Knowmail the fees as specified in the relevant Purchase Order.
Where applicable, taxes may also be charged. It is your responsibility to determine whether you are required to pay any applicable taxes and to clarify such information when making a payment. Knowmail does not accept any responsibility for the calculation or collection of any applicable taxes. Except as expressly provided in a Purchase Order, fees are non-refundable.
You may contact Knowmail with regard to support for the API and/or Knowmail Service by sending an email to email@example.com. Support will be provided during business days between 9:00 to 17:00 EST. Additional support may be provided subject to a Purchase Order.
With respect to technical information that you provide to Knowmail as part of the support services or otherwise, Knowmail may use such information for its business purposes, including for product support and development, and you hereby give Knowmail a non-exclusive, perpetual, royalty free and worldwide license to make any use it desires in connection with such information.
Knowmail, its affiliates, or its licensors, as the case may be, have and shall at all times retain all right, title and interest in the API, Documentation, the Knowmail Service and/or any intellectual property and/or confidential information embedded therein or any other proprietary materials provided by Knowmail and any enhancements and modifications thereto. You hereby acknowledge and agree that any and all rights, title and interests, including, without limitation, all copyrights, trademarks, trade names, logos and service marks, trade secrets, know-how, patents, designs and algorithms, utility models, and all improvements thereto, and any other intellectual property incorporated in and/or otherwise related to the API, Documentation, and/or the Knowmail Service, including but not limited to any images, photographs, animations, video, audio, music, text, and “applets”, and any form of derivative work thereof is and will at all times be owned solely by Knowmail or its licensors, as the case may be. If you provide Knowmail with any feedback regarding the API, Documentation, or Knowmail Service, Knowmail may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations with respect thereto.
You shall have all right, title and interest in your Customer Platform. You hereby grant Knowmail and its successors a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable right to access, use, copy, modify, and alter any content contained in or in related to the Employee’s Customer Platform, other email account and/or data as necessary in order to allow for the provision of the Knowmail Service in accordance with the terms of this Agreement and a Purchase Order, if relevant.
Representations and Warranties
Disclaimer of Warranties
Your use of the API and the Knowmail Service is at your sole discretion and risk. The API, the Knowmail Service, and any content thereon, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind.
KNOWMAIL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE API AND KNOWMAIL SERVICE OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE KNOWMAIL SERVICE INVOLVES THE FILTERING OF EMAIL MESSAGES AND MAY THEREFORE RESULT IN YOUR OR AN EMPLOYEE’S FAILURE TO RECEIVE PARTICULAR EMAIL MESSAGES. KNOWMAIL DOES NOT WARRANT THAT THE KNOWMAIL SERVICE WILL BE FREE FROM DEFECTS, OR THAT YOUR USE OF THE KNOWMAIL SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE API OR THE KNOWMAIL SERVICE; OR (II) THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED IN THE DOCUMENTATION OR ON THE KNOWMAIL SERVICE.
No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
The entire risk arising out of the use or performance of the API or the Knowmail Service remains with you and you expressly assume all responsibility for any damages to you or your Employees, including non-received email messages, lost data, including the loss of any and all emails included in your or Employees’ email inboxes and any other data in relation to any email accounts or third party services in respect of which the Knowmail Service is used by you or Employees, lost profits and other direct and indirect damages, that may result in any way out of this Agreement and/or a Purchase Order and/or the use of the API and/or the Knowmail Service
Without derogating from the generality of the foregoing, you hereby acknowledge that Knowmail does not warrant or guaranty the security of the software or of communications made using the Knowmail Service, and you assume all risks associated with the same with respect to your own use and use by your Employees. You further acknowledge that the Knowmail Service may, in order to perform its function, modify the configuration of the computer software and devices installed on the computer, mobile device, or server on which it is used.
Limitation of Liability
In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Knowmail Service or any Customer Platform due to changes made by us, you, or any Employee. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure of any email due to technical problems or traffic congestion on the Internet, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from use of the API or the Knowmail Service. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the API or Knowmail Service. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you, on your behalf, or by your Employees. You hereby represent that you are solely responsible for any and all data provided to Knowmail, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us and our affiliates.
IN NO EVENT SHALL KNOWMAIL, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY, INCLUDING EMPLOYEES, FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR OR YOUR EMPLOYEES’ USE OF THE API AND/OR THE KNOWMAIL SERVICE, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE KNOWMAIL SERVICE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT KNOWMAIL AS BEEN 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 AND IN NO EVENT SHALL OUR OR OUR AFFILIATES’ MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE. IF YOU HAVE NOT MADE ANY PAYMENTS TO KNOWMAIL FOR THE USE OF THE API AND/OR THE KNOWMAIL SERVICE, THEN KNOWMAIL AND ITS AFFILIATES SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
You agree to indemnify, defend, and hold harmless Knowmail, its affiliates and their respective employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of this Agreement and/or a Purchase Order by you or anyone using your computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your or any of your Employees’ use or attempted use of (or inability to use) API or Knowmail Service; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; (e) any activities of Employees, including, without limitation, breach by Employees of the restrictions set forth above; and (f) any other matter for which you are responsible hereunder or under applicable law.
Portions of the Knowmail Service may provide you with third-party links to websites, applications, and services. We make no promises regarding any content, goods or services provided by such third parties and all use of third-party websites and applications is at your own risk. Additionally, we do not accept responsibility for any payments processed or submitted through third-party websites and applications or for the privacy policies of such third parties. We do not endorse any products offered by third parties and we urge our users to exercise caution in using third-party websites or applications.
This Agreement and any Purchase Order shall be governed by the laws of the State of Israel exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in Tel Aviv-Jaffa shall have exclusive jurisdiction to hear any disputes arising hereunder. In any action to enforce this Agreement or a Purchase Order, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Knowmail must be brought within one (1) year of the date such cause of action arose. In the event that any provision of this Agreement or a Purchase Order is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of this Agreement or Purchase Order shall remain in full force and effect. Nothing in this Agreement or a Purchase Order creates any agency, employment, joint venture, or partnership relationship between you and Knowmail or enables you to act on behalf of Knowmail. Except as may be expressly stated in this Agreement or any Purchase Order, this Agreement, together with any Purchase Order, constitutes the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.
Last modified: April 2019