Kendo.com Terms of Use

Oct 6th 2023

Last updated: September 1st, 2023

In a nutshell:

This is a binding legal agreement between us for your use of Kendo’s Websites, Platform, Extension, and Services. By using our Services or Software, you accept these terms.
We provide the Services in a freemium model and make efforts to ensure that they work properly.
You agree to our Privacy Policy and our Data Processing Agreement, both of which make an integral part of these Terms.
You agree to use the Services according to any applicable law in your country or state, including but not limited to, privacy and communications laws.
If you do not agree to these Terms, please do not use Kendo’s Websites, Platform, Extension, Software, or other Services. If you do not understand anything in these Terms, please consult with your lawyers.
If you have any questions regarding Kendo, these Terms, our Privacy Policy, Data Processing Agreement, or your data, please contact us at support@kendoemailapp.com.

Now in more details:

The Terms of Use (“Terms”) cover the Services offered by Kendo.com Ltd., a company registered in Israel, company ID 516565447, with offices at Toval 30, Suite 19, Ramat Gan, Israel, and/or its subsidiaries, Affiliates, and Distributors (referred to as "the Company", “Kendo”, "we", "our", or "us").

Please review these Terms thoroughly. These Terms constitute a binding legal agreement between you and the Company (this “Agreement”). By using our Websites or Services, you accept these Terms.

The Company has developed and owns the Services (as defined below), incorporating Intellectual Property Rights in an Internet-based Software Platform suitable for businesses’ need for business intelligence, validation of details entered by candidates and prospective customers, preventing identity theft, preventing online fraud, recruiting of candidates, outreach to potential customers, business-to-business (B2B) direct marketing and sales, data validation, data augmentation, and more. As a Software-as-a-Service, cloud-based platform, Kendo’s features develop and change over time.

You desire to license and use the Services (as defined below), for any of the above-mentioned or other legitimate purposes, upon the terms and conditions set forth in these Terms.

The Company and you agree as follows:

DEFINITIONS
1. “Intellectual Property Rights” means ownership, title, interest, or other rights by law in any copyrights, patents, utility models, trade marks, service marks, design rights, database rights, proprietary information rights, and all other similar proprietary rights, whether registered or unregistered, as may exist anywhere in the world.
2. “Services” means any services provided by the Company, including but not limited to the Websites, Platform, Extension, and other services, and any bespoke customizations and adaptations provided by the Company and/or by its subsidiaries or affiliates.
3. “Platform” means Kendo’s online software platform, which includes a Professional Contact Database, portal and API, enables Users to find emails and phone numbers of business professionals, to search for email addresses under a specific domain, verify emails, and validate phone numbers. Kendo’s Platform and Extension collect, generate, and process contact details and lists of business professionals and companies.
4. “Extension” means Kendo’s Chrome Browser Extension, which connects to the Platform and enables Users to find out the contact details of specific LinkedIn users.
5. “Websites” means https://kendoemailapp.com/, and any other website operated by the Company or its subsidiaries and affiliates, including any sub-domains.
6. “Software” shall mean any software incorporated into the Services.
7. “Account” means a registered account of a company, business, or individual for the use of the Services and Software. (If you subscribed to our Services, you are the Account owner.)
8. “User” means any person or legal entity authorized to use the Services on behalf of the Account owner, as identified through unique login details. (If you are using our Services, you are a User.)
9. “Order” means any order, sales contract, or other request you make on our Websites, on the Platform, on the Chrome Web Store, or with our staff, for the purchase or licensing of Services or Software.
10. “Subscription” means any Order for the use of the Services or Software, which might be recurring (e.g. monthly, quarterly, or annual), which will be renewed automatically at the end of each period unless terminated according to its conditions and these Terms.
11. “Content” shall mean any data, information, materials, text, graphics, images, music, software, audio, video, or other files that are uploaded, transmitted, posted, generated, stored, processed, or otherwise made available by Accounts or Users through the Services.
12. “Affiliate” means any entity that directly or indirectly controls, is controlled by or is under common control with the Company. “Control,” for purposes of this definition, means direct or indirect ownership or more than 50% of the voting interests of the legal entity.
13. “Distributor” means a company or business that engages in the reselling of the Company’s Services to customers in a certain geography, sales channel, or industry.
14. “Privacy Policy” means our privacy policy, made part of these Terms by reference, and available at https://kendoemailapp.com/privacy
15. “Data Processing Agreement” means the data processing agreement, made part of these Terms by reference, and available at https://kendoemailapp.com/dpa
GENERAL
1. These Terms govern your use of the Websites and Services. These Terms include by reference the Privacy Policy, Data Processing Agreement, and any additional terms and conditions set forth under any Order or Subscription.
2. You must be at least 18 years of age to use our Services. By accessing or using our Services you agree and warrant that: (i) You can form a binding contract with the Company; and if you’re creating an Account, that you can form a binding contract with the Company on behalf of the company or business that is the Account owner; (ii) You are not a person who is prohibited from receiving the Services under the laws of any applicable jurisdiction; and (iii) You will comply with these Terms and all applicable local, state, federal, national, and international laws, rules, and regulations.
3. By entering into this Agreement and accepting these Terms you agree and warrant that you are not a person who is prohibited from receiving the Services under any applicable law and that you will comply with these Terms and all applicable laws and regulations.
4. This Agreement does not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties.
USE OF THE WEBSITES
1. You are solely and fully responsible for any use you make of the Websites and any decision you take based on the Website Information. You certify that you will have no claim against the Company with regard to the use of the Websites or reliance upon the Website Information (as defined below).
2. You are also aware that the photos on the Website are presented for illustration only and that there might be differences between images on the Websites (for example screenshots of Kendo) and their appearance on the actual Platform or Extension.
3. Website Information and Intellectual Property Rights
  1. The Websites include information of various sorts and categories, including verbal, visual, or audio content or any combination of them, as well as their design, processing, editing, dissemination and means of presentation, including texts, pictures, photographs, images, drawings, animations, video clips, charts, simulations, files, software, applications, symbols and icons (the “Website Information”).
  2. “Kendo,” “Kendo.com,” “Kendo Email App,” “Kendo Email Finder,” and other Services names might be registered trademarks of the Company and/or its affiliates. All Intellectual Property Rights regarding the Website Information and Services are the exclusive property of the Company, or of third-parties who granted the Company authorization to use them. The Website Information is protected by copyright under Israeli law and foreign laws. Title to the Content remains with the Company.
  3. Any use of the Website Information not expressly permitted by these Terms is a breach of these Terms and may violate Intellectual Property Rights and various laws. Except as stated in these Terms, none of the Website Information may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of the Company or its licensors. The Company authorizes you to view and download a single copy of the Website Information solely for your own lawful, personal, non-commercial use. Any specific rules for the use of other items provided on the Websites are incorporated into these Terms by reference. The use of the Website Information on any other website or environment for any purpose, without the Company’s permission, is prohibited.
  4. All rights not expressly granted in these Terms are reserved to the Company and its licensors. If you violate any of these Terms, your permission to use the Website Information automatically terminates and you must immediately destroy any copies you have made of any portion of the Website Information.
  5. You may not, without the Company’s written permission, "mirror" any Website Information of the Website on any other server. You may not use the Websites for any purpose that is unlawful or prohibited by these Terms. You may not use the Websites in any manner that could damage, disable, overburden, or impair the Websites or the Company, or interfere with any other party's use and enjoyment of the Websites. You may not attempt to gain unauthorized access to the Websites through hacking, password mining or any other means. You are not allowed to make any changes to the Websites, or to copy, disseminate, broadcast, present, duplicate, publish, and create derivative works, or to sell any item originating in the Website Information or the Websites.
  6. The Company reserves the right, in its sole discretion, to terminate your access to the Websites, at any time, for any reason or for no reason at all, without prior or other notice.
  7. The Company reserves the right (but not the obligation) to remove any Website Information from the Websites, at its sole discretion and without notice.
  8. The Company shall not be held liable for the Website Information and nature of the information displayed and published on the Websites, and you will have no claims and/or demands against the Company in this respect.
  9. Without derogating from the above, the Company does not undertake that the Website Information on the Website, and especially Website Information by third-parties, is complete, correct, accurate, or suited to your needs, purposes, or expectations.
  10. Copyright complaints. We respect the Intellectual Property Rights of others, and we ask our Websites’ visitors and Users to do the same. If you believe that your work has been copied and is accessible on the Websites in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Websites where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please send such notice and all materials to support@kendoemailapp.com.
4. Links to other websites. The Websites contain links to other websites on the Internet that are owned and operated by third-parties. We do not control the information, products or services available on these third-party websites. The inclusion of any link does not imply our endorsement of the applicable website or any association with the website’s operators. We have no control over such websites and third-parties, so you agree that we are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites, for any dealings between you and third-parties on such websites, or for the protection of your data privacy by third-parties. You further agree that we shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
YOUR RIGHTS TO USE THE SERVICES
1. The Company retains all Intellectual Property Rights in the Services and Software. All trademarks belong to their respective owners, and nothing in these Terms shall be construed as granting you any right to use any trademark, service mark, logo, or trade name of the Company or any third-party.
2. Other than the limited rights granted in these Terms, you shall have no right, title or interest in and to the Services or Software. You are only granted the right to use the Services and only for the purposes described by the Company in its Websites, these Terms, or any applicable Order or Subscription. The Company reserves all other rights to the Services. Until the termination of your Account or User, and as long as you comply with these Terms, including meeting any applicable payment obligations set out in the applicable Order or Subscription, we grant you a limited, non-exclusive, non-transferable right and license to use the Services.
3. You agree not to use, or permit any third party to use, the Services in a manner that violates any legislation or these Terms.
4. You will not provide access to, or give any part of, the Services to any third party, other than setting access for other Users under your Account, as may be the case.
5. You agree and warrant that you will not reproduce, modify, copy, sell, trade, lease, rent or resell the Services. Nor will you decompile, disassemble, or reverse engineer the Services or make the Services available on any cloud, file-sharing ,or hosting service.
ACCOUNT AND USER MANAGEMENT
1. Accounts. In order for any User to access and use the Services, a business Account must be created by an Account owner. An Account owner can create Users under the Account, using the licenses in his Kendo Subscription. Certain Users may be designated as administrators for the Account, with varying permissions to control the Account and manage its Users, their access, or functionality.
2. Account and User information. Account owners might enter information about the business operating the Account and information about its Users, such as names, roles, email addresses, and other data. Users may choose to add additional information to their profile, and would create data on the User and Account based on their usage of the Services. The Company reserves the right to refuse to an Account or a User profile for any reason, at its sole discretion.
3. Administrators. Account owners and Users with Administrator roles serve as authorized representatives of the business that is the Account owner and can set up, manage, restrict, and delete Users, according to their respective permissions. Administrators may view all of the User information and may access all data uploaded by Users to the Services. The Administrator may also receive various reports based on Users’ use of the Services.
4. Account owners and Administrators are fully responsible for the assignment of administrative privileges to individuals and Users on the Platform and for any subsequent implication, including visibility, sharing, and deleting of any available Content, personal data, reports, and other data. As an Account owner or Administrator, you agree to properly maintain and update the Users and Administrators on your Platform dashboard, including assignment and deleting Administrators as required.
5. You will be fully and solely responsible and accountable for any use of the Services, and any action you take on the Platform and Extension, and if you are an Account owner or Administrator, also for any and all actions of your Users.
6. All terms and conditions in these Terms apply also to prospective customers and customers using a free version of the Services, setting Accounts and Users as part of a trial period, demo phase, or free plan, as well as to Accounts and Users that sign up for the Services through Distributors.
7. You allow us to display your business name and logo as the Company’s customer on our Websites and other promotional materials. If you’re not interested in such publicity, please inform us in writing by email upon registration or at your earliest convenience.
CONTENT AND USE OF THE SERVICES
1. Responsibility for Content and Use of the Services:
  1. When uploading Content to Kendo, or processing Content on Kendo, you attest that you have appropriate legal bases and all necessary permissions and approvals to process such Content in accordance to all applicable laws, including labor laws, data protection and privacy laws and regulations, and communications laws, also on behalf of your Account and business where applicable. If you’re uploading any personal data, you hereby give consent for the processing of your personal data in accordance with our Privacy Policy.
  2. By making your Content available through your use of the Services, or your Users’ use of the Services, you grant the Company a global, royalty-free, non-exclusive license to host and use your Content solely for the provision of the Services.
  3. You acknowledge that Kendo is not a data retention or storage service. You should backup your Content (inc. Account data) frequently, as you are responsible for any Content, or loss of Content. Other than as set forth in these Terms, the Company is not responsible for any Content that you process through the Services.
  4. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
    1. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate, or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages "flaming" others or criminal or civil liability under any local, state, federal, or foreign law;
    2. Content that would impersonate someone else or falsely represent you or another person’s identity or qualifications, or that may constitute a breach of any individual's privacy; Content that is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
    3. Virus, Trojan horse, worm or other disruptive or harmful software or data; and
    4. Any Content that you do not own or have the right to use without permission from the owners of the respective Intellectual Property Rights.
2. The Company does not endorse any Content or any opinion, recommendation, or advice expressed by Account owners or Users through the Services, and expressly disclaims any and all liability in connection with any Content.
3. Restricted Use of the Services. You shall not, and shall not permit any Users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, or could subject the Company to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others' use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in the Company's opinion, is prohibited under these Terms or any law; (v) any other activity that places the Company in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of Company’s systems or networks or to breach the Company's security or authentication measures, whether by passive or intrusive techniques.
4. Fair Use. You agree to use the Services in a fair and reasonable manner. Fair Use is defined as usage that aligns with the normal operational intent of the Platform or Extension and does not disproportionately burden the platform's resources, harm its infrastructure, or negatively impact the Company or other Users. You will not misuse the Platform or make excessive requests or data calls beyond what is reasonable based on your plan, Order, or Subscription. Should your activity, or your Users’, exceed typical usage patterns or if we believe that the activity is compromising the integrity, performance, or availability of the Platform for other Users, we reserve the right to limit, suspend, or terminate your access to the Services.
5. The Company reserves the right to not authorize, and may terminate, your use of the Services based on reasonable suspicion that your activities, business, products or services are objectionable or promote, support or engage in any of the restricted uses described above provided that the Company will notify you of such termination or suspension in advance, other in those cases where your continuous use of the Services may cause material harm or pose a material risk to the Company or others. Any and all Content uploaded to the Services, including any Intellectual Property Rights therein, shall remain your property or the Account owner’s property, and other than the limited license provided to the Company under these Terms, no other right, title or license is provided therein.
6. You agree that the Company may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant the Company a perpetual, global, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to the Company in any way as the Company sees fit.
7. The Company may, but has no obligation to, monitor access to the Services or Content or to review, edit, or delete any Content for the purposes of (i) operating the Services, (ii) to ensure compliance with these Terms, and (iii) to comply with applicable law or other legal requirements.
8. All Services are intended solely for purposes and uses as defined in these Terms, and according to the documentation and instructions provided by the Company.
9. The Services may be available through a compatible device, e.g. desktop or tablet with a Chrome browser. To use the Services on a device, Internet access (or mobile data roaming) and additional software may be required. You agree that the Company is not responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your device and telecommunications providers. The Company makes no warranties or representations of any kind, express, statutory or implied as to:
  1. the availability of telecommunication services from your provider and access to the Services at any time or from any location;
  2. any loss, damage or security intrusion of the telecommunication services; and
  3. any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the telecommunication services.
10. Embedded Software. Kendo and various Services may be available in an embedded model, where the Services are integrated into another application - such as Google Chrome. The performance of embedded Software depends, among other factors, on the embedding applications and their performance, communication services, Internet connectivity, computer and browser permissions, and security restrictions of networks and individual devices. Any change in the embedding application can also affect the performance of the embedded Software and the Services. The Company does not provide any commitments or warranties for the availability, functionality, or performance of embedded Software.
11. API access. Some Services may also be accessed and operated through machine-to-machine communication using Application Programming Interfaces (APIs). If you’re developing an application to interact with the Company’s APIs, you must license your application with the Company and meet certain usage, technical, and security requirements.
UPDATES AND BETA FEATURES
1. Occasionally, the Services may be unavailable for maintenance and updates. The Company endeavors to keep down-time as brief as possible. However, we cannot guarantee that the Services will be available to you at all times and we will not be liable to you for any losses or damages resulting from the interruption of your use of the Services.
2. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive and accept these updates. We reserve the right, at any time, to discontinue or modify any aspect of the Software and Services. If you object to any condition of these Terms or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to discontinue use of the Services according to these Terms.
3. From time to time, the Company may, at its sole discretion, include new and/or updated beta features ("Beta Features") in the Services for your use and permit you to provide feedback. You understand and agree that your use of the Beta Features is voluntary and the Company is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Features back to the earlier non-beta version. Without derogating from the above, the Company will make best efforts to inform you if there are any expected backwards compatibility issues prior to your use of the Beat Features.
4. The Beta Features are provided on an "as is" basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your own risk and the Company is not liable for any data loss.
FEES AND PAYMENT
1. The Platform, Extension, and other Services are provided by the Company on a Freemium model. The Software and Services are available to Account owners and Users free of charge for basic use, with additional features and functionality available for purchase. The Company reserves the right to modify or discontinue, temporarily or permanently, any feature or aspect of the Software and Services, including the availability of any free features, at any time without notice. You acknowledge and agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Software, Services, or any part thereof.
2. The fees for the Services will be in accordance with the applicable Order or Subscription, which will reflect any fee waivers or discounts where applicable.
3. Prices for Subscriptions and other Company Services vary and may change from time to time according to the Company’s sole judgment. Account owners will be notified of any pricing change in advance. You may terminate your Account or Subscription if you disagree to the price change, otherwise your Subscription will renew at the then current price.
4. If you’re an Account owner, you authorize the Company to charge your Google Pay, credit card, or bank account for all fees payable at the beginning of each Term and all subsequent billing periods. You further authorize the Company to use third-parties to process payments and invoices and consent to the disclosure of your payment information to such third-parties. Should the Company incur any irregular extra charges relating to your fee payment, i.e. for payment cancellation, refusal, or chargeback, you agree to reimburse the Company for such charges.
5. All fees payable to the Company under these Terms are exclusive of sales tax, VAT, and other taxes and duties, which will be added to the applicable invoice. You will only be required to pay any taxes accurately listed in the respective invoices.
6. You shall at all times provide and keep current and updated your contact details, and if applicable, your Account’s billing information on the Platform. If your payment and registration information is not accurate, current, and complete, and you do not notify us of updates to your payment information, we might suspend your use of the Services until payment for the Services is sorted.
7. Your Subscription automatically renews at the end of each Subscription period, at the then-current rates, unless the Subscription is canceled or terminated according to these Terms. Subscription credits are non-cumulative and shall not be carried forward or roll-over to any subsequent Subscription or billing period, whether monthly or annual. If you wish to terminate your Subscription or cancel your Account, please notify us at least 30 days before the end of your term via an email to support@kendoemailapp.com or through your Account dashboard.
8. You are responsible for making sure that your Order or Subscription meets your needs and that you have an adequate number of licenses for all your Users. You are responsible for acquiring from the Company additional licenses, or removing redundant licenses, as the case may be under the commercial terms that are applicable to your Account.
9. The fees for the Services are non-refundable, unless expressly mentioned otherwise. There will be no refunds for partial usage or no usage of the Services, of a Subscription, or of unused licenses under a Subscription, nor for upgrades or downgrades.
10. If the Account owner fails to pay the fees within the time frame mentioned in the Order or Subscription, the unpaid due amounts will carry an additional 1.5% interest charge per month, or the maximum rate permitted by law, whichever is lower, as a late payment fee.
11. We reserve the right to terminate any Account if the fees are not paid for the Services for 30 days or more after they become due. The Company will delete all Account data according to the Data Processing Agreement.
CONFIDENTIALITY
1. Either party will retain in confidence the Confidential Information of the other party. “Confidential Information” shall mean any personally identifiable information, non-public information, and Content during the Term and thereafter, as well as, any information disclosed in circumstances of confidence, or that ought to be understood by the parties, exercising reasonable business judgment, to be confidential.
2. Each party will not disclose the Confidential Information of the other party to any third party, except as set forth herein and may not use it for any purpose other than to carry out the activities contemplated under the Agreement. Each party will take reasonable steps, and in no event will those steps be any less secure than the steps it uses to protect its own similar information (but no less than a reasonable degree of care), to ensure that the other party’s Confidential Information is protected.
3. Each party may only disclose the other party’s Confidential Information to its employees or third parties who assist with the execution of the Agreement (e.g., employees, contract developers, service providers, etc.; collectively “Representatives”), who have a need to know in connection with the Agreement and who have agreed to obligations of confidentiality that are no less restrictive than the obligations in the Agreement. Each party is responsible for the actions or inactions of its Representatives with respect to use and disclosure of the other party’s Confidential Information.
4. The restrictions set forth in this paragraph will not apply to any information that: (a) was known to the receiving party without obligation of confidentiality prior to disclosure by the disclosing party and such prior knowledge can be demonstrated by the receiving party by written records; (b) was in or entered the public domain through no fault of the receiving party or thereafter becomes generally available to the public, other than through a breach of any obligation under these Terms; or (c) is disclosed to the receiving party by a third party legally entitled to make the disclosure without violation of any obligation of confidentiality.
5. To the extent that Confidential Information is required to be disclosed under applicable law or regulations, the receiving party may disclose such information after providing to the disclosing party, to the extent permitted by law, prompt notification of such request for disclosure for the purpose of challenging such request, and disclose only to those parties required or compelled to under applicable law or regulation. If no protective order is sought or obtained, the receiving party may disclose only that portion of Confidential Information that its legal counsel deems required to be disclosed, and the receiving party shall use reasonable efforts to seek and obtain confidential treatment of any disclosed Confidential Information.
6. Injunctive relief. You agree that any violation or threatened violation of your confidentiality obligations may cause irreparable injury to the Company for which money damages would be an insufficient remedy, therefore the Company will be entitled to seek injunctive relief, without the necessity of posting bond or proving actual damages, in addition to other appropriate legal remedies.
SECURITY
1. The Company takes information security seriously and implements appropriate security standards to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information. The Company also implements appropriate organizational measures to protect your information.
2. You are fully and solely responsible for the security of your login credentials, passwords, computer systems, devices, and for all activity on the Account or User profile, as applicable, even if such activities were not committed by you.
3. Unauthorized Access. You agree to notify us immediately of any unauthorized use of your Account or User profile. The Company will not be liable for any losses or damage arising from unauthorized use of your Account or User profile.
4. Security or Data Protection Breach. You agree to notify the Company without delay of any potential security breach or data protection breach that you become aware of, such as unauthorized access to the Services and/or any misconduct that creates a risk to Account and User data or Intellectual Property Rights.
PRIVACY AND PROCESSING OF PERSONAL INFORMATION
1. You agree to our Privacy Policy, including receiving service and marketing communications from the Company. You may limit communications through the settings available in the Services, your device, or according to the ways provided in the Privacy Policy.
2. Any Personal Data processed by you, your Account, and/or your Users, will be subject to the terms and conditions of the Data Processing Agreement (DPA), available at https://kendoemailapp.com/dpa, and incorporated into these Terms by reference.
3. With regard to any use of the Personal Data received through the Services, you agree to comply with all applicable data protection, security, marketing, or privacy-related laws, statutes, directives, or regulations, including but not limited to: General Data Protection Regulation 2016/679, the Privacy and Electronic Communications Directive 2002/58/EC, together with any amending or replacement legislation, any EU Member State law or regulations promulgated thereunder (“EU GDPR”); UK Data Protection Act 2018, the UK General Data Protection Regulation, and the Privacy and Electronic Communications Regulations 2003 (“UK GDPR” and, together with the EU GDPR, “GDPR”); California Privacy Rights Act of 2020, California Consumer Privacy Act of 2018, and California Regulations together with any amending or replacement legislation (“CPRA”); the U.S. Federal CAN-SPAM Act of 2003 (“CAN-SPAM”); Brazil’s General Data Protection Law (“LGPD”); and Canada’s Anti-Spam Legislation (“CASL”) together with any amending or replacement legislation; and all other equivalent laws and regulations in any relevant jurisdiction relating to Personal Data and privacy (together with GDPR, CPRA, CAN-SPAM, LGPD, and CASL, in each case as may be amended, consolidated, extended, reenacted, or replaced from time to time. “Personal Data” has the meaning ascribed to it in EU GDPR.
4. You agree, represent and warrant to us that:
  1. You and your company or business are not a data broker and are not entering into these Terms in order to resell the data received through the Services to third parties.
  2. It is your sole responsibility to attain any consent or rely on other applicable legal bases for the processing of personal data as a Data Controller for such data. You will provide appropriate notice and have obtained (or will obtain) all consents, legal bases, and rights necessary to process the Personal Data in accordance with these Terms, the Data Processing Agreement, and applicable Data Privacy Laws.
  3. You will not engage in any conduct that brings or is likely to harm the reputation of the Company.
  4. If there is any discrepancy or conflict between these Terms and the Data Processing Agreement with respect to the Processing of Personal Data, the Data Processing Agreement will prevail.
  5. For the removal of doubt, all Users must provide consent to these Terms and the Privacy Policy ahead of using the Services.
5. Any Personal Data collected by the Company as a Data Controller (e.g. for Account management, administrative purposes, billing, etc.) will be treated in the manner described in the Privacy Policy.
6. Both parties will comply in all material respects with the Privacy Policy and the Data Processing Agreement, as applicable, and will provide such help and cooperation as is reasonably necessary or requested to the other party to be able to comply with the Agreement and applicable laws.
TRAINING AND SUPPORT
1. The Company offers certain documentation and tutorials to assist Account owners and Users with their onboarding. Further training can be purchased as a paid Service.
2. Support for the Services will be provided by opening a support ticket on the Platform, Extension, or by sending an email to support@kendoemailapp.com.
3. Handling of support tickets and emails will be conducted during regular business hours, unless other service levels are mutually agreed in a specific Order or Subscription.
DISCLAIMER OF WARRANTIES
1. Your use of the Websites, Services, Software, Platform, Extension, and Content is entirely at your own discretion and own risk. Except as described in these Terms, the Services are provided “AS IS” and “AS AVAILABLE”. To the maximum extent permitted by applicable law, the Company, its affiliates, and its and their third party providers, licensors, distributors or suppliers disclaim all warranties, express or implied, including any warranty that the services are fit for a particular purpose, title, merchantability, data loss, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality of content in or linked to the Services.
2. The Company provides the Services mostly in a Software as a Service model. Most of the data it provides is not created directly by the Company but is retrieved from the web or other public sources, and accordingly the Company will not have any legal liability or responsibility for the accuracy or completeness of any data provided through use of the Services.
3. The Company and its affiliates and suppliers do not warrant that the Services are secure from breach, free from bugs, viruses, interruption, errors, theft or destruction.
4. The Company, its affiliates and suppliers disclaim any representations or warranties that your use of the Services will satisfy or ensure compliance with any legal obligations or laws or regulations.
LIMITATION OF LIABILITY
1. To the maximum extent permitted by applicable law, the entire liability of the Company, its affiliates and suppliers for all claims relating to these Terms and the provision of Services shall be limited and capped to the amount payable for the Services during the twelve (12) months prior to such claim. Subject to applicable law, the Company, its affiliates and suppliers shall not be liable for indirect, special, incidental, exemplary, punitive or consequential damages, or damages relating to failures of telecommunications, the internet, electronic communications, loss of business, revenue, profits or investment, or use of software or hardware that does not meet the Software requirements.
2. The above limitations apply even if a party has been advised of the possibility of such damages. These Terms set forth the entire liability of the Company.
INDEMNIFICATION
1. You agree to indemnify and hold the Company and its affiliates and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of these Terms. The Company reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any such claims. You agree to reasonably cooperate as requested by the Company in the defense of any such claims.
TERM AND TERMINATION
1. These Terms shall enter into effect upon the earliest of (i) your use of the Websites; (ii) your registration to the Services, starting an Account on the Platform, or making an Order or Subscription; or (iii) installing the Extension, and will remain in effect for as long as you use the Websites, Platform, Extension, or have an active Order or Subscription to use the Services (“Term”).
2. The Company may, in its reasonable discretion, restrict, deny and/or terminate these Terms or suspend the Services, effective immediately, in whole or in part, if we determine that your use of the Services raises a security concern to the Services or is deemed to be an illegal, prohibited, or breaching or contradicting these Terms. We will make best efforts to notify you prior to such restriction, denial, or termination, and if not possible, promptly following such action.
3. The Company may terminate these Terms immediately (i) upon the institution of insolvency, receivership or bankruptcy proceedings relating to you, your company, or your business, or any other proceedings for the settlement of debts which is not removed within 30 days; (ii) upon making an assignment of your rights for the benefit of creditors; or (iii) upon your company’s dissolution or ceasing to do business.
4. Upon termination or expiration of these Terms for any reason: (i) the Company will cease from providing the Services, the license granted to you under these Terms shall expire, and you shall discontinue all further use of the Services; (ii) you will be responsible to backup any Content and other data from the Platform and Extension, and the Company shall delete all Content and Personal Data provided by you pursuant to these Terms, other than data that it has a legal obligation or legal basis to retain; (iv) any sums paid by you until the date of termination are non-refundable, and you shall not be relieved of your duty to discharge in full all due sums you owe. Termination of these Terms shall not limit the Company from pursuing any other remedies available to it under the applicable law.
5. Following termination of these Terms, you may only continue to use the data that was legally obtained through the Services that was stored on your systems during the Term, and subject to the Data Processing Agreement.
6. The provisions of these Terms that, by their nature and content, must survive any expiration or termination of these Terms in order to achieve the fundamental purposes of these Terms. Therefore, the provisions regarding Confidentiality (Section ‎9), Processing of Personal Information (Section 11), Limitation of Liability (Section 14), Indemnification (Section ‎‎15), and Termination (Section 16) shall survive the termination of these Terms.
MISCELLANEOUS
1. Compliance with Laws. Each party shall be responsible to comply, at its own expense, with local, state, national and international laws and regulations, including without limitation laws regarding data protection, security, and privacy and with all governmental approvals, licenses, permits and authorizations which may be required with regards to its rights and obligations hereunder.
2. Governing Law and Forum. These Terms are subject to and shall be governed by the laws of Israel and any dispute shall be subject to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel.
3. Entire Agreement. These Terms, including all its exhibits, addendums, and referenced documents herein, make for the entire agreement between you and the Company regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If you use the Extension, additional terms by Google and/or LinkedIn may apply. Notwithstanding the content of any purchase order, sales order, sales confirmation, or any other printed or pre-printed document relating to the subject matter herein, the terms and conditions contained in these Terms shall take precedence over any contract or other document between you and the Company, unless expressly stated otherwise, and shall be incorporated by reference into any subsequent purchase order, sales order, or contract, and any conflicting, inconsistent, or additional terms and conditions contained therein shall be null and void, unless expressly stated otherwise.
4. Changes to these Terms. We reserve the right to modify these Terms, in our sole discretion, at any time, and the modifications will be effective when posted through the Services, our Websites, Platform, and Extension, or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review these Terms whenever we modify them because your continued use of the Services indicates your agreement to the modifications made.
5. Force Majeure. The Company shall not have any liability to you whether in contract, warranty, tort (including negligence), or any other form of liability for failing to render the Services or to perform its obligations under these Terms, an Order, or a Subscription, to the extent that such failure is a result of a force majeure event.
6. Severability. If any court of law, having the jurisdiction, rules that any part of these Terms is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable.
7. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
8. Assignment. You will not assign your rights and obligations under these Terms without the Company’s prior consent. Any assignment in violation of this section shall be void. The Company may, however, assign or transfer its rights and obligations to a third-party without your consent.
9. Acceptance. You acknowledge that you have read these Terms and hereby agree to be bound by them. These Terms will become effective upon your acceptance by electronic acknowledgment on the Website, on the Platform, on the Extension, or on Chrome Web Store. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.
10. Contact us. You can always contact us directly from the Kendo dashboard. For any question or matter regarding these Terms or the Services, or if you wish to report any Intellectual Property Rights infringement, privacy violation, you may contact us at support@kendoemailapp.com or by registered mail to our mailing address above.