Terms of Services

1.1 Acceptance of Terms

By accessing or using KWORE’s services, you agree to comply with and be bound by these Terms and any additional terms and conditions that are referenced herein or that otherwise may apply to specific areas of the services. When you access or use our services or click a button or check a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms, whether or not you are a registered user of our services.

1.2 Eligibility

You may use KWORE’s services only if you can form a legally binding contract with us and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. To use our services, you must be at least eighteen (18) years of age or, if higher, at least the age of majority in your jurisdiction. You represent and warrant that you meet the applicable age requirements and are competent to agree to these Terms.

1.3 Service Accounts

Your account on our services ("Service Account") gives you access to our services that we may establish and maintain from time to time. We may maintain different types of Service Accounts for different types of users. You acknowledge that you do not own your Service Account. You may not use another user’s Service Account without such user’s permission. You are solely responsible for the activity that occurs on your Service Account, and you must keep your Service Account password(s) strong and secure. You should notify us immediately of any breach of security or unauthorized use of your Service Account. We will not be liable for any losses caused by any unauthorized use of your Service Account.

Please note that if you are an individual and you access or use our Service on behalf of a company or other entity, such as your employer (together with its affiliates, an “Organization”), then: (a) these Terms are an agreement between us and you and us and that Organization; (b) you represent and warrant that you have the authority to bind that Organization to these Terms (and if you do not have that authority, you may not access or use our Service); (c) your acceptance of these Terms will bind such Organization to these Terms; (d) your individual right to access and use our Service may be suspended or terminated (and ownership and administration of your Service Account may be transferred) if you cease to be associated with, or cease to use an email address associated with or provisioned by, that Organization; (e) we may disclose information regarding you and your use of our Service with such Organization; and (f) the terms “you” and “your”, as used in these Terms, refer to both you and such Organization. If you sign up for our Service using an email address associated with or provisioned by an Organization, or if an Organization pays fees due in connection with your access to or use of our Service (or reimburses you for payment of such fees), or otherwise, then, we may deem you to be accessing and using our Service on behalf of that Organization in our sole discretion.

1.4 Changes, Suspension, and Termination

You may cancel your Service Account at any time. We may change our services, stop providing our services or features of our services to you or to users generally, create usage limits for our services, or condition use of the services on the payment of fees, which we may determine in our sole discretion. We may permanently or temporarily terminate or suspend your access to our services without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms. Upon termination, you continue to be bound by these Terms.

1.5 User Access, Use and Restrictions

1.5.1 Trial Period

If we are providing you with access to our Service on a time-limited trial basis, your right to access and use our Service will be limited to a period of seven (7) days following the creation of your Service Account (the “Trial Period”), unless we provide otherwise in writing in our sole discretion. KWORE reserves the right to exercise its discretion in extending the trial period beyond 7 days and retains the ability to modify the 7 day duration to a shorter or longer period by revising the Terms of Service at any point. Subject to your compliance with these Terms and during the applicable Trial Period, you may access and use our Service for your own business purposes or personal use, as applicable, except as may be limited by your Organization as described above, all in accordance with these Terms and associated documentation we provide you.

1.5.2 Right to Access and Use

Subject to and conditioned on your compliance with these Terms, we grant to you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use our Service solely as reasonably necessary for your personal, non-commercial use in accordance with these Terms.

1.5.3 Restrictions and Acceptable Use

Except to the extent a restriction is prohibited by law, you agree not to do, and not to assist, permit or enable any third party to do, any of the following:

• Capture screenshots, record videos, or otherwise create visual imagery in any medium, of, or otherwise disclose, our Service (including any features therein) and/or any Confidential Information (as defined below) of ours accessed through our Service or otherwise provided to you in connection with our Service;
• Disassemble, reverse engineer, decode or decompile any part of our Service for any purpose, including as a means to train a machine learning program or algorithmic model;
• Use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record our Service;
• Copy, rent, lease, sell, loan, transfer, assign, sublicense, resell, distribute, modify, alter or create derivative works of any part of our Service or any of our Intellectual Property (defined below);
• Use our Service in any manner that impacts (i) the stability of our servers, (ii) the operation or performance of our Service or any User’s use of our Service, or (iii) the behavior of other applications using our Service;
• Use our Service in any manner or for any purpose that (i) violates or promotes the violation of any applicable law, regulation, legal requirement, contractual obligation or right of any person including intellectual property rights, rights of privacy, or rights of personality, (ii) is fraudulent, false, deceptive or defamatory, (iii) promotes hatred, violence or harm against any individual or group, or (iv) otherwise may be harmful or objectionable (in our sole discretion) to us, our providers, our suppliers, our Users, or any other third party;
• Use or display our Service in competition with us, to develop competing products or services, for benchmarking or competitive analysis of our Service, or otherwise to our detriment or disadvantage;
• Attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running our Service;
• Transmit viruses, worms or other software agents through our Service;
• Impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use our Service for any invasive or fraudulent purpose;
• Share passwords or authentication credentials for our Service, or otherwise circumvent the measures we may use to prevent or restrict access to our Service or enforce limitations on use of our Service; or
• Identify or refer to us or our Service in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you (or a third party) and us, without our prior express written consent.