Terms-of-Use

1. Definitions

• Account means any accounts or instances created by You or on Your behalf for access and use of the Services.
• API means the application programming interfaces developed, enabled by or licensed to Konnectify that permit certain functionalities provided by the Services.
• Customer Data means all electronic data, text, messages, personal data or other materials, including without limitation Personal Data of Users and End Users, submitted to the Services by You through Your Account in connection with Your use of the Services.
• Confidential Information means all information disclosed by one Party to the other Party which is in tangible form and labeled "confidential" (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Notwithstanding the foregoing, Confidential Information shall not include any information which (a) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (b) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (c) is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party's files and records prior to the time of disclosure; (d) is obtained by the receiving party from a third-party without a breach of such third-party's obligations of confidentiality; (e) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information, as shown by documents and other competent evidence in the receiving party's possession; or (f) is required by law to be disclosed by the receiving party, provided that the receiving party shall, to the extent legally permitted, give the disclosing party written notice of such requirement prior to disclosing so that the disclosing party may seek a protective order or other appropriate relief.
• Documentation means any written or electronic documentation, images, video, text or sounds specifying the functionalities of the Services provided or made available by Konnectify to You or Your Users through the Services or otherwise.
• End User means any person or entity other than You or Your Users with whom You interact using the Service(s).
• Order Form means any service order form specifying the Services provided, particular features and functionalities in the Services that You wish to avail.
• Personal Data means any information relating to an identified or identifiable natural person that is submitted by You to the Services as part of Customer Data.
• Process means any operation or set of operations that is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• Sensitive Personal Information means information that relates to an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning a natural person's sex life or sexual orientation. It also includes information about an individual's criminal offenses or convictions, as well as any other information deemed sensitive under applicable data protection laws.
• Services means the cloud-based proprietary collaborative customer onboarding platform of Konnectify and any new services that Konnectify may introduce as a Service to which You may subscribe to, and any updates, modifications or improvements thereto, including individually and collectively, the API, Software and any Documentation.
• Software means any software provided by Konnectify (either by download or access through the internet) that allows You to use any functionality in connection with the Service(s).
• Subscription Charges mean all charges associated with Your Account and use of the Services.
• Subscription Plan means the pricing plan and any limitations for the Services that You have subscribed to.
• Subscription Term means the period during which You have agreed to subscribe to the Services as specified in the relevant Order Form or as mentioned in a relevant Subscription Plan.
• Third-Party Services shall mean third-party application(s) or service(s) integrating with the Services through APIs or otherwise enabled through the Services.
• User means a designated user within the Services, including an Account administrator, employee, shareholder, auditor, lawyer, founder, and other designated users.
• Website(s) shall mean the websites owned and operated by Konnectify, including konnectify.co

2. Your Rights

Subject to Your compliance with these Terms and solely during the Subscription Term, You have the limited, non-exclusive, revocable right to access and use the Services for your internal business purposes in accordance with the Subscription Plan set forth in an Order Form.

3. Your Obligations

• 3.1. Your Account: Your access and use of the Service(s) is restricted to the specified number of individual Users mentioned in the relevant Order Form executed between Yourself and Konnectify. Each User shall be identified using unique login information such as usernames and passwords ("User Login") and such User Login shall be used only by one individual.
• 3.2. Acceptable Use: You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Services available to any third-party, other than Users in furtherance of your internal business purposes as expressly permitted by these Terms; (b) modify, adapt, or hack the Services or otherwise attempt to gain or gain unauthorized access to the Services or related systems or networks; (c) violate any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Konnectify; (d) use the Services to store or process any content that infringes upon any person's intellectual property rights or is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; or (e) "crawl," "scrape," or "spider" any page, data, or portion of or relating to the Services (through use of manual or automated means).
• 3.3. You represent and warrant to Konnectify that You own or have the necessary rights to transmit the Customer Data to Konnectify and that doing so does not violate any applicable law, proprietary or privacy rights.

4. Services

• 4.1. Any enhancements, new features, or updates ("Updates") to the Services are also subject to these Terms and Konnectify reserves the right to deploy Updates at any time.
• 4.2. The Services may temporarily be unavailable due to scheduled downtime for upgrades and maintenance, in which case Konnectify shall use commercially reasonable endeavors to notify You in advance.
• 4.3. Notwithstanding anything to the contrary contained elsewhere, Konnectify shall not be liable for unavailability of the Services caused by circumstances beyond Konnectify's reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Konnectify's reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third-parties, including without limitation, distributed denial of service attacks.

5. Intellectual Property Rights

• 5.1. Except for the rights granted to You under clause 2, all rights, title, and interest in and to all intellectual property and/or proprietary rights, title, and interest in or related to the Services, including patents, inventions, copyrights, trademarks, domain names, trade secrets or know-how shall belong to and remain exclusively with Konnectify.
• 5.2. You own the rights to the Customer Data that You provide to Konnectify. Konnectify does not claim ownership over such Customer Data. Konnectify shall have a right and license to incorporate into the Services or otherwise use any suggestions, enhancement requests, recommendations, or other feedback it receives from You.
• 5.3. Konnectify reserves its rights to re-use any and all techniques and know-how gathered by Konnectify while providing the Services to You.
• 5.4. All rights not expressly provided to You herein are reserved.