This End User License Agreement ("EULA") govern your use of Knowsome’s ("Company", "we", "us", or "our") following products and services:
This EULA constitutes a legally binding and enforceable legal electronic contract between any user of our Services, including website’s visitors and business partners (collectively "user" or "you") and us. When you download, install, access or use our Services, this EULA will govern and apply. It is important and recommended that you take the time to read this EULA.
ACCEPTANCE OF THE TERMS
By downloading, installing and using our Services, you acknowledge that you have read and understood the terms of this EULA. You agree to be bound and to fully comply with the terms of this EULA. you further agree to comply with all applicable laws and regulations regarding your use of the Services. If you do not agree to the terms of this EULA, please do not use the Services in any manner whatsoever, and uninstall, where applicable.
We may amend the terms of this EULA from time to time, at its sole discretion and without any notice. We will make best efforts to provide a notification regarding what we believe are material changes of these terms, at our sole discretion. In the event of a material changes, we will make best efforts to provide written notification by applicable means of communication, otherwise, all other changes to these terms are effective as of the stated "Last Modified" date.
ELIGIBILITY AND AGE LIMITATION
You hereby warrant that you are eligible to enter into this EULA and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; you have all proper authorization, if you are acting on behalf of a corporation, to enter into this EULA. You further represent and warrant that you are of legal competence to enter into this EULA and you are at least sixteen (16) years of age and above the age defined as “child” under applicable laws in your jurisdiction. We reserve the right to request proof of age at any stage so that we can verify that children (as defined under applicable law) are not using the Services. If you are under 18, please be sure to read the terms of this EULA with your parents or legal guardians and ask questions about things you do not understand.
SCOPE OF SERVICE
We offer the Services listed below:
Please note that the Educational Content is created by third parties and not by us. This Educational Content is provided by us "AS-IS" and we make no representations or warranties as to the accuracy or relevancy of such Educational Content. This Educational Content may include material you will find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. We will not be responsible or liable to the Educational Content in any manner. In addition, portions of the Educational Content are made available to the public by third party proprietors according to terms and conditions determined by them, including Creative Commons licenses. You are responsible to ensure your use comply with any applicable license.
In order to use certain features of the Services, you may be required to create an account. Should registration will be required, you are responsible to maintain the confidentiality of your user name and password at all times. You are fully responsible for any action you make under your account. You shall notify the Company immediately in case of any unauthorized use of or breach to your account. Should the Company have reason to suspect that the security of your account is or was compromised, the Company may suspend or terminate your account. The Company shall not be responsible or held accountable for any losses, damages, expenses and/or incursions sustained by you (if sustained) in connection with any misuse of your credentials. Any information you provide within the registration process must be, yours, accurate, complete and updated. Should Company suspect that the information you provided is not yours and/or infringes on the rights of any third party, is inaccurate, not current or not complete, it may, in accordance to its sole discretion and without prior notice, suspend or terminate your use of the Services.
In addition, the Service may include a chat feature, enabling you to correspond with other users of the Services. Please note that we are not aware nor do we monitor or validate the Services’ users. Thus, we recommend you to not provide any personal information to other users you chat with. If you believe that any third party is misusing or abusing the Services, please contact us at: email@example.com
Subject to your compliance with this EULA, we hereby grant you a personal, limited, revocable, non-transferable, non-sub-licensable and non-exclusive right and license to use, access, download and install the most current generally available version of the Extension and App (including all updates thereto) solely in connection with your lawful, personal and non-commercial use. Your license hereunder is limited not to allow others to use, copy or evaluate copies, and the license granted herein shall not be copied, shared, distributed, re-sold, and offered for re-sale, transferred or sub-licensed in whole or in part.
INTELLECTUAL PROPERTY AND COPYRIGHTS POLICY
You acknowledge that all right and interest in the Services, trademarks, service marks, components, code, protocols, software and documentation as well as any derivatives thereof or improvements and modifications, evidenced by or embodied in or attached, connected, related to the Services, are our property or the property of our licensors, and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the Services. Except as expressly granted herein, we retain all right, title and interest in and to our Services, as well as any content provided or made available in connection with the Services (excluding Educational Content). We reserve the right to disable access to the Services, where applicable, by anyone who uses them to infringe intellectual property rights. The Services may include content that is proprietary to third parties and such content shall remain at all times the sole property of such third parties.
Further to the above, we are deeply committed to safeguarding the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement that are reported to us. If you are a copyright owner, or are authorized to act on behalf of one, and you believe in good faith that any material or content made available on our Services has been used or exploited in a manner that infringes or violates any work or other intellectual property you own or control, please report the alleged copyright infringements by contacting us at: firstname.lastname@example.org ("Notice"). Upon receipt of the Notice, we will take whatever action, in our sole discretion, as we deem appropriate, including removal of the challenged content and providing notice to a third party, where applicable.
REPRESENTATIONS, WARRANTIES AND RESTRICTIONS OF USE
You hereby represent and warrant that: (i) you are either the owner or an authorized user of the device in which the App and Extension are installed; (ii) You will install the App and Extension and use the Services only in accordance with our instructions; (iii) you will use Services in full compliance with all applicable laws, rules and regulations.
Except as expressly provided under this EULA, you may not, nor may not enable anyone else to, directly or indirectly: (i) copy, modify, decompile, disassemble, create any derivative works or reverse engineer the Services or any portion thereof including any source code therein; (ii) circumvent, disable or otherwise interfere with security-related features of Services, or interfere with others’ use of the Services; (iii) use any automated devices, such as spiders, robots or data mining techniques in connection with your use of the Services; (iv) remove, deface, obscure, or alter any copyright, trademarks, or other proprietary rights; (v) use our name, logo or trademarks without its prior written consent; or (vi) use the Services for any fraudulent, illegal or inappropriate purpose, including, without limitation, infringement or misappropriation of any intellectual property rights or right of privacy of any third party or in breach of this EULA.
UPDATES AND CHANGES TO OUR SERVICES
We may, at any time and at our sole discretion, change, modify, add or remove features and functionality of our Services without notice. When installed on your device, the Extension periodically communicate with our servers to request automatic updates when we release a new version of the Extension, or when we make new features available email@example.com. You hereby agree that we may automatically download and install updates to the Extension, from time to time, without prior notification. These updates are designed to improve, enhance and further develop the Extension and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates as part of your use of the Extension. In the event, we believe that such updates or upgrades shall materially affect your use of the Extension or your rights, we will make best efforts to provide notification.
In addition, we reserve the right to discontinue some or all of the features of our Services at any time at our sole discretion (including the provision of any updates, upgrades or fixes). We are under no obligation to provide you with any features, functionality, upgrades or bug fixes. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services, or any portion thereof. If you are dissatisfied with the Services, your sole option is to discontinue or terminate your use of the Service.
THIRD PARTIES LINKS
The Services may include links to third party sites, content, or services. Any access to such sites or content through our Services is subject to the terms and conditions of the applicable third party. You acknowledge that we have no control over and assume no responsibility for such third parties and their sites, content or services. You assume all responsibility and risk in connection with such use. We have no obligation to examine, review or monitor third parties’ sites, content and services and are not responsible for the accuracy, completeness, appropriateness or legality of the aforesaid. An appearance of a link on the Services does not indicate that the Company indorses or promotes the parties responsible for the site or content.
DISCLAIMER OF WARRANTY
EXCEPT AS PROVIDED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. YOUR USE OF AND RELIANCE ON THE SERVICES OR ANY INFORMATION OR FEATURE PROVIDED THEREIN ARE AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES WHICH OCCURS AS A RESULT OF YOUR USE OF THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ON A CONTINUOUS BASIS, SECURED, FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR PROGRAM LIMITATIONS. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS. WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH SUCH ACTIONS (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR OTHER DAMAGE TO DEVICE).
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WE (INCLUDING, WITHOUT LIMITATION, OUR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS EULA OR YOUR USE OR INABILITY TO USE THE SERVICES. OUR LIABILITY SHALL NOT EXCEED THE COST OF THE SERVICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You hereby expressly agree to indemnify, defend, and hold us (including our affiliates, subsidiaries, successors, contractors, employees, directors, agents, suppliers, licensors, service providers and partners) harmless from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your violation and/or breach of any term of this EULA; and (ii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Services (including your violation of any third party rights).
You may terminate your use of the Services at any time and for any reason by removing the Extension or uninstalling the App, as applicable, and cease using the Services. To uninstall the Extension please use your standard uninstall processes available through your browser’s settings.
For additional question or feedback, please contact us at: firstname.lastname@example.org
We may terminate your access to the Services at any time, with or without cause and with or without notice, effective immediately.
Any termination may result in the destruction of all information and data associated with your use of the Services. Upon termination, all licenses and other rights granted to you under this EULA will immediately cease. We are not liable to you or any third party for termination of the Services or termination of your use of the Services. The provisions of this EULA, which by their nature should survive any such action on our part, shall survive.
For any dispute, you have with us, you agree to first contact us at: email@example.com and attempt to resolve the dispute with us informally. If we were not able to resolve the dispute with you informally, we each agree by these enforceable EULA, to resolve any claim arising out of or in connection with or relating to this EULA via the exclusive jurisdiction of the appropriate court in Tel Aviv, Israel.
This EULA, constitutes the entire understanding between the parties with respect to the use of the Services. If any provision of this EULA is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. This EULA and any right granted herein may not be assigned by you without our prior written consent. We may assign our rights under this EULA to any third party at our sole discretion.
If you have any questions please contact us at: Knowsome firstname.lastname@example.org