Kraftful is committed to protecting your privacy. We created this Privacy Policy (“Policy”) to give you confidence as you visit and use the Services. This Policy covers how we collect, use, store, and share your information which on its own, or in combination with other information, may be used to identify you as an individual (“Personal Data”). This Policy complies with the requirements of GDPR. The provisions of our Terms of Service (the “Terms”) apply to this Policy as well. Do not hesitate to contact us at info@kraftful.com if you have any questions or want to discuss this Policy. Capitalized terms used but not defined herein shall have the meanings given to them in the Terms.
This Policy also describes our practices related to information of individuals with whom we communicate for marketing or promotional purposes but who may not otherwise use or access the Software (the “Marketing Recipients”). By using the Services and agreeing to this Policy, or by agreeing to this Policy as a Marketing Recipient, you consent to the privacy practices described in this Policy.
We use your data to provide and improve our Services. By using our Services, you agree to the collection and use of information in accordance with this Policy.
We collect several different types of Personal Data for various purposes in order to provide and improve our Service for you.
Personal Data
While using our Services, we may ask you to provide us with the following Personal Data: (a) Email address (b) First name and last name (c) Location Data (as defined below) (d) Usage Data (e) Device ID. In addition, we will receive any of your Personal Data that is included in the Company Data that you or another user affiliated with your Company submits.
If you are a Marketing Recipient we may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or emailing us at info@kraftful.com.
Usage Data
We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through a mobile device (“Usage Data”). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When you access Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
Location Data
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at any time by way of your device settings.Other DataWhile using our Services, we may also collect information that, on its own, is not Personal Data, but when combined with your Personal Data, could become Personal Data.
Such information includes:
(a) Language
(b) Country
(c) Region (state)
(d) City(e) DMA (Designated Market Area)
(f) Device Type
(g) OS
(h) Carrier
(i) Device ID
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information. Our cookies do not collect Personal Data. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
(a) Session Cookies: We use Session Cookies to operate our Service.
(b) Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
(c) Security Cookies: We use Security Cookies for security purposes.
(d) Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
Kraftful uses the collected data for various purposes:
(a) to provide and maintain our Services;
(b) to notify you about changes to our Service;
(c) to allow you to participate in interactive features of our Service when you choose to do so;
(d) to provide customer support;
(e) to gather analysis or valuable information so that we can improve our Service;
(f) to monitor the usage of our Service;
(g) to detect, prevent and address technical issues;
(h) to fulfill any other purpose for which you provide it;
(i) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
(j) to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
(k) to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
(l) in any other way we may describe when you provide the information;
(m) for any other purpose with your consent.
We will store your Personal Data for as long as it is needed to provide the Services, however, we may not know if you have stopped using the Services so we encourage you to contact us if you are no longer using the Services. However, if required by applicable law, we may retain your Personal Data for such period as may be required by such law. To continue to provide an effective service, we may store non-Personal Data perpetually and may anonymize your Personal Data and store that anonymized information perpetually.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Additionally, as described in this Policy, we use third parties to provide the Services and do not have full control over their practices related to storage and retention of your Personal Data. However, we will work with such third parties to delete or modify your Personal Data to the extent required by GDPR and the European Commission’s model contracts for the transfer of personal data to third countries (the “SCCs”).
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there. Your consent to this Policy followed by your submission of such information represents your agreement to that transfer.
Information collected in the European Union (“EU”) and European Economic Area (“EEA”) may be transferred, stored and processed by us or third parties (as provided in this Policy) in the United States and other countries whose data protection laws may be different than the laws of your country. Whenever we transfer your Personal Data out of the EEA, we ensure a similar degree of protection is afforded to it by entering into SCCs with the relevant third party. Please contact us at info@kraftful.com if you want further information on the specific mechanism used by us when transferring your Personal Data out of the EEA. As described in this Policy, we may share Personal Data with third parties and may be required to disclose information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements
Information Shared By You Through The Services
You may, now or in the future, be able to choose to voluntarily share Personal Data collected through the Services.
Our Personnel
To be able to effectively provide you with the Services, and to improve the functionality of the Services, we may disclose your Personal Data to our personnel, including our employees, contractors, and agents, to the extent that such persons or entities have a need-to-know such information in furtherance of the Services.
Our Vendors
We work with third party service providers to provide product analytics, customer analytics, website, application development, hosting, maintenance, data processing, customer service, payment processing, and other services for us in furtherance of the Services. These third parties may have access to or process your Personal Data as part of providing those services for us. However, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions and we have contracts in place with such vendors in line with the Article 28 requirements of GDPR, pursuant to which they are required, amongst other things, to maintain the confidentiality of the Personal Data to the extent required by GDPR. When you make a payment via our Services, we do not collect the financial information you provide. Rather, the information is collected by Stripe, a third- party payment platform which collects a user’s name, email, credit card information, and other information a user provides to Stripe. We do not share any Personal Data with Stripe and we do not receive any Personal Data from Stripe. We only receive a confirmation from Stripe that there was a successful transaction completed on payment but no Personal Data is transferred between Stripe and Kraftful. Stripe may also collect data from you in the capacity of data controller. Please see Stripe’s privacy policies for more information:https://stripe.com/privacy.
Sale of Company or Assets
In the event that we sell all or substantially all of our company or its assets, including the Personal Data collected through our Services, we may transfer your information to the acquiring company.
Other Third Parties
In addition to our practices described above, we may share your Personal Data if we have a good-faith belief that such action is necessary to (1) comply with the law (see the section below on “Government Requests”), (2) protect and defend the rights or property of Kraftful, or (3) prevent an emergency involving danger of death or serious physical injury to any person. We will only share your Personal Data for the foregoing reasons to the extent permitted by GDPR or other applicable data privacy laws.As described herein, our Services utilize numerous third-party services as part of the functionality of the Services. We may share your Personal Data with third parties as explained in this Policy. We have no control over such third parties, except to the extent required by GDPR and the SCCs. We encourage you to review the privacy practices of such third parties. We make no guarantees about, and assume no responsibility for, the information, services, or data/privacy practices of third parties, except to the extent required by GDPR and the SCCs
We use reasonable efforts to secure your Personal Data and to prevent the loss, misuse, and alteration of the information that we obtain from you. For example, we require our employees to sign confidentiality agreements that extend to your Personal Data, train our personnel on privacy issues as needed, review the privacy practices of new products and services that we integrate into our Services, and we review the privacy practices of new products and services that we integrate into our Services. In addition, we use reasonable technical safeguards such as encryption and secure hosting provided by industry leading third party vendors, to secure your Personal Data. However, loss, misuse, and alteration may occur despite our efforts to protect your Personal Data. We are not responsible to our users or to any third party due to any such loss, misuse, or alteration, except to the extent required by GDPR, the SCCs, or other applicable law.
If you are a resident of the EU and EEA, you have certain data protection rights, covered by GDPR. – See more at https://eur-lex.europa.eu/eli/reg/2016/679/oj
We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please email us at info@kraftful.com.
In certain circumstances, you have the following data protection rights:
(a) the right to access, update or to delete the information we have on you;
(b) the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;
(c) the right to object. You have the right to object to our processing of your Personal Data;
(d) the right of restriction. You have the right to request that we restrict the processing of your personal information;
(e) the right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;
(f) the right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information. Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not be able to provide some or all of the Services without some necessary data, including Personal Data. Upon receipt of any of the above request(s), we will reflect any changes you request in our databases to the full extent required by GDPR, the SCCs, or other applicable law and we will confirm the changes to you. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the EEA.
The legal grounds for our processing of your Personal Data for the purposes above are:
- first and foremost, you provided your consent by agreeing to this Policy, which you may withdraw at any time by emailing us at info@kraftful.com;
- it is necessary for our contractual relationship;
- the processing is necessary for us to comply with our legal or regulatory obligations; and/or
- the processing is in our legitimate interest as a provider of the Services (for example, to protect the security and integrity of our systems and to provide you with customer service and the core functionality of the Services)
CCPA
For purposes of this Section 11 only, the terms “personal information,” “collection,” “sell,” “business purpose” and “commercial purpose” have the meaning given to them under the California Consumer Privacy Act of 2018, as amended (the “CCPA”).
If you reside in California, you may have certain rights as set forth below. These rights are in addition to any other rights you may have under this Policy. If you have any questions about these rights or how to exercise them, please contact us at info@kraftful.com. Please note that we may disclose your personal information for business or commercial purposes as described in this Policy. For more information about the categories of personal information we collect, the sources from which we collect personal information and how use, disclose and share such information, please see this Policy.
You have the right to request that we disclose to you what personal information about you we collect, use, disclose and sell. Subject to certain limitations in the CCPA, you also have the right to request that we delete your personal information. You may submit such a request by contacting us at info@kraftful.com, or by completing the form on the Website for such purpose. If you submit a request by email, your email must include “California Request” in the subject line. We will not discriminate against you for exercising your rights under the CCPA.
The CCPA also provides California consumers the right to opt out of the sale of their personal information. As explained in this Policy, we do not sell the personal information of our users.
We reserve the right to verify any request made under the CCPA by asking you to provide supporting documentation that the request is submitted by you, although we are not obligated to verify a request. You may also choose to have an agent submit a request on your behalf, in which case we may, but are not obligated to, verify that the agent is authorized to act on your behalf. We assume no responsibility for responding to any consumer requests.
We do not track you or collect your information across third party websites or online services. Thus, we do not receive Do-Not-Track signals, or other similar signals. To the extent that we do receive any such signals, we will not comply with them as it is not an aspect of the functionality of the Services.
Our Services may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party's site. We strongly advise you to review the Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Our Services are not intended for children under 16 years of age. No one under age 16 may provide any Personal Data to us via the Services or otherwise. We do not knowingly collect Personal Data from children under 16. If you are under 16, do not provide any Personal Data on the Services or on or through any of its features (such as by registering for an account), make any purchases through the Services, or provide any information about yourself to us, including your name or email address. If we learn we have collected or received Personal Data from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at info@kraftful.com.
Kraftful is the controller of Personal Data that is processed under this Policy, which includes Personal Data Kraftful collects from: (i) visitors to the Website; (ii) Customers (as defined below) when our Customers register to use the Software through the Website or access their account through the account portal; and (iii) when we receive Personal Data from Marketing Recipients.
Kraftful is not the controller of Personal Data of Customer End Users (as defined below). “Customers” are individuals or entities that register to use the Kraftful Services. With respect to Kraftful’s Customers, Kraftful is a processor, and Kraftful processes the Personal Data collected by our Customers and shared with Kraftful only in accordance with the instructions of our Customers. Our Customers may integrate into their mobile applications, websites or other services (collectively, 'Customer Applications') certain aspects of our Services in order to understand how their own users ('Customer End Users') engage with the Customer Applications ('Customer End User Data').
Our Customers, not Kraftful, choose the type of Customer End User Data collected by Customer Applications, and processed, transferred and stored through our Customers’ use of the Services. We process the Customer End User Data only according to the instructions of Customers and, our legal obligations with respect to the Customer End User Data is set forth in the agreement between us and our Customers. The collection of Customer End User Data through Customer Applications is governed by our Customers’ privacy policies, and if you are a Customer End User then you should review the Customer’s privacy policy to learn more about the Customer’s data handling practices.
While Kraftful recognizes that an individual has the right to access, delete and amend the data collected about that individual, Kraftful does not have a relationship with the Customer End Users but rather only with our Customers. If you are a Customer End User and you would like to access, amend or delete your data, then you need to contact the Customer directly and Kraftful will respond within a reasonable period of time to any such request by our Customer.
Kraftful only retains the Customer End User Data we process on behalf of our Customers for as long as necessary to provide the Product to our Customers or as required to comply with legal obligations, resolve disputes and enforce any agreement.
We may update our Policy from time to time. We will notify you of any changes by posting the amended Policy on this page.
We will let you know via email and/or a prominent notice on our Services, prior to the change becoming effective and update “effective date” at the top of this Policy.
You are advised to review this Policy periodically for any changes. Changes to this Policy are effective when they are posted on this page.
If you have any questions about this Policy, please contact us by email: info@kraftful.com.
Thank you for using Kraftful!
These Terms of Service (“Terms”) cover your rights and obligations relating to your access and use of Kraftful’s website (the “Website”), its products and services (collectively, the “Services”), including, without limitation, its software (the “Software”). All references to “Kraftful”, “we”, “us”,or “our” refer to Kraftful, Inc., a Delaware corporation. All references to“Company”, “you”, “your”, or “user” relate to all persons who use or access the Services, in their company’s capacity or in an individual capacity, including authorized users representing the company, its employees, or other persons using or accessing the Services. If you are an authorized user representing your company, you hereby represent and warrant that you have the capacity to enter into these Terms on behalf of your company, or an authorized representative of the entity has agreed to bind the entity to these Terms.These Terms apply to our Privacy Policy as well and both these Terms and ourPrivacy Policy comply with the requirements of the EU General Data ProtectionRegulation (“GDPR”). By using the Service, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements.
Please carefully read these terms, as they contain important information about your rights and responsibilities, including limitation of our liability and binding arbitration.If you do not accept these terms in their entirety, you may not access or use the service.
Do not hesitate to contact us at info@kraftful.com if you have any questions or want to discuss these Terms.
Subject to these terms, Kraftful will use commercially reasonable efforts to provideCompany the Services and reasonable technical support services in accordance with Kraftful’s standard practice.
2.1 Kraftful may make the Services available to Company on a trial basis for a period of 30 days (unless communicated otherwise by Kraftful in writing) (the“Pilot Period”), or (b) the start date of any purchased subscription plan(each, a "Plan") for the Software. Additional Beta terms and conditions may apply.
2.2 For the beta or pilot use, the Services are provided “AS IS” and no warranty obligations of Kraftful will apply.
2.3 Company may terminate these Terms and all of its rights hereunder by providing Kraftful written notice thereof at any point during the trial; otherwise, these Terms shall continue in effect for the Initial Service Term (as that term is defined below, and subject to earlier termination as provided in the Agreement) under the Plan selected by Company on the Website.
3.1 Company will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services; modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Kraftful or authorized within the Services); use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels. With respect to any Software that is distributed or provided to Company for use on Company premises or devices, Kraftful hereby grants Company a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services.
3.2 Further, Company may not remove or export from the United States or allow the export or re-export of the Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by these Terms and will be prohibited except to the extent expressly permitted by these Terms.
3.3 Company represents, covenants, and warrants that Company will use the Services only in compliance with Kraftful’s standard published policies then in effect and all applicable laws and regulations. Although Kraftful has no obligation to monitor Company’s use of the Services, Kraftful may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
3.4 Company shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Company shall also be responsible for maintaining the security of the Equipment, Company account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Company account or the Equipment with or without Company’s knowledge or consent.
3.5 Company represents and warrants that Company: (a) will use the Services only in compliance with this Agreement and all applicable laws and regulations; (b) shall not infringe upon any third party’s trade secrets, trademarks, copyright, patent rights or other proprietary rights in its use of the Services, including but not limited to any Company Data provided by Company; and (c) notwithstanding anything contained in these Terms or the DPA (as defined below), has obtained all necessary consents and permissions from data subjects for the submission and processing of any Personal Data (as that term is defined in our Privacy Policy) transmitted through the Services. Company shall defend, indemnify, and hold harmless, Kraftful and its respective directors, officers, employees, agents, parent, subsidiaries, and other affiliates, from and against any and all liabilities, damages, losses, costs and expenses, including the reasonable fees of attorneys and other professional third parties arising out of any breach of any representation made pursuant to this Section 3.5.
3.6 To the extent that Company Data includes Personal Data subject to applicable data protection laws, including the GDPR, (collectively, the “Applicable Data Protection Laws”), the terms of the Data Processing Agreement available at /dpa (the “DPA”) shall govern the processing of such data. The Parties agree that Kraftful may amend the terms of the DPA from time to time to the extent that Kraftful reasonably determines that such amendment is necessary to comply with the Applicable Data Protection Laws. The latest posted version of the DPA shall govern the processing of personal data subject to Applicable Data Protection Laws.
4.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Kraftful includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Company includes non-public data provided by Company to Kraftful to enable the provision of the Services (“Company Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.
4.2 Company shall own all right, title and interest in and to the Company Data. Kraftful shall own and retain all right, title and interest in and to (a) the Services, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with the Services or support, and (c) all intellectual property rights related to any of the foregoing.
4.3 Notwithstanding anything to the contrary, Kraftful shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Company Data and data derived therefrom), and Kraftful will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Kraftful offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
5.1 If Company subscribes to a Plan, Company will pay Kraftful the then applicable fees (the “Fees”) attributed to the Plan selected by Company on the Website, or if applicable, as described in a separate order form (collectively, the “Order Form”). If Company’s use of the Services exceeds any service capacity thresholds for any applicable Plan, or otherwise requires the payment of additional fees, Company shall be billed for such usage and Company agrees to pay the additional fees in the manner provided herein. Kraftful reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then-current renewal term, upon thirty (30) days prior notice to Company (which may be sent by email). If Company believes that Kraftful has billed Company incorrectly, Company must contact Kraftful no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Kraftful’s customer support department.
5.2 Kraftful may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Kraftful thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Company shall be responsible for all taxes associated with Services other than U.S. taxes based on Kraftful’s net income.
6.1 Subject to earlier termination as provided below, the term of the Plan subscription (the “Initial Service Term”) shall be as specified in the Order Form, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term.
6.2 In addition to any other remedies it may have, either party may also terminate these Terms upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of these Terms. Company will pay in full for the Services up to and including the last day on which the Services are provided. All sections of these Terms which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
6.3 Upon any termination of these Terms (a) all rights and licenses granted to Company under these Terms will immediately cease; (b) Company will immediately pay to Kraftful: (i) in the event of a material breach by Kraftful, all amounts due and payable for Services already provided up to the effective date of termination of these Terms or (ii) in the event of a material breach by Company, all amounts due under these Terms, including without limitation, any unpaid portions of the Fees; (c) each party will promptly return to the other party all Proprietary Information of such other party then in its possession or destroy all copies of Proprietary Information of such other party, at such other party’s sole discretion and direction; and (d) Kraftful will delete all Company Data within its control, except as provided in Section 4.3 and to the extent that Kraftful is required under applicable law to keep a copy of the Company Data. Notwithstanding any terms to the contrary in these Terms, this sentence and Sections 2.2 and 3-11 will survive any termination of these Terms, and no refunds will be issued upon any termination of these Terms except as explicitly provided herein.
Kraftful shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Kraftful or by third-party providers, or because of other causes beyond Kraftful’s reasonable control, but Kraftful shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, Kraftful does not warrant that the services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from the use of the services. Except as expressly set forth in this section, the services are provided “as is” and Kraftful disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
Notwithstanding anything to the contrary, except for bodily injury of a person, Kraftful and its suppliers (including but not limited to all equipment and technology suppliers), officers, affiliates, representatives, contractors, and employees shall not be responsible or liable with respect to any subject matter of these Terms or terms and conditions related thereto under any contract, negligence, strict liability, or other theory: (A) for error or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services, or technology or loss of business; (B) for any indirect, exemplary, incidental, special or consequential damages; (C) for any matter beyond Kraftful’s reasonable control; or (D) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by Company to Kraftful for the Services under these Terms in the 12 months prior to the act that gave rise to the liability, in each case, whether or not Kraftful has been advised of the possibility of such damages.
The parties hereby grant each other a worldwide, non-exclusive, non-transferable, non-sublicenseable, limited license to their trademarks and logos solely to market the collaboration under these Terms in publicity materials, including the parties’ websites and social media accounts.
Kraftful may revise these terms from time to time. If Kraftful does revise these terms, the revised terms will supersede prior versions. Unless Kraftful says otherwise, revisions will be effective upon the effective date indicated at the top of these terms. Except to the extent required by GDPR, Kraftful will use reasonable efforts to provide you advance notice of any material revisions. This notice will be provided via the account portal and/or via an email to the email address Kraftful has on file. For other revisions, Kraftful will update the effective date of these terms at the top of the page. We encourage you to check the effective date of these Terms whenever you visit the Website or account portal. Your continued access or use of the Services constitutes your acceptance of any revisions. If you don’t agree to the revisions, you should stop using the Services and Kraftful is not obligated to provide you with the Service. If you have a subscription to any Service, any change to these Terms will be effective with respect to such Services upon the renewal of your subscription.
You acknowledge that Kraftful may change or deprecate features of the Services (including Kraftful SDKs and/or APIs) from time to time. Although Kraftful endeavors to avoid changes to the Services that are not backwards compatible, if any such changes become necessary Kraftful will endeavor to notify you at least thirty (30) days prior to Kraftful’s implementation of any such incompatible changes to the Services of which it becomes aware.
Kraftful’s ability to analyze app store reviews and other publicly available reviews (collectively, the “Public Reviews”) depends on the continued availability of available the Public Reviews. In the event that any source of Public Reviews limits Kraftful’s access to data, Kraftful’s Services may temporarily or permanently be reduced accordingly without any liability to the Company.
11.1 If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
11.2 These Terms are not assignable, transferable or sublicensable by Customer except with Kraftful’s prior written consent. Kraftful may transfer and assign any of its rights and obligations under these Terms without consent.
11.3 These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
11.4 No agency, partnership, joint venture, or employment is created as a result of these Terms and Company does not have any authority of any kind to bind Kraftful in any respect whatsoever.
11.5 In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.
11.6 All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
11.7 These Terms shall be governed by the laws of the State of California without regard to its conflict of laws provisions.
11.8 Our Services may be integrated with services provided by third parties as part of the functionality of the Services. You understand that, except as required by GDPR, we do not have control over third parties and that such third parties are not agents of Kraftful. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties, except to the extent required by GDPR. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third parties’ products or services or the information provided by third parties, whether through the Services or otherwise. Accordingly, we are not responsible for your use of any third party product or service or any harm or losses arising from or relating to your use of any third party products or services, except to the extent required by GDPR. You should contact the third party with any questions about their products and services. Kraftful hereby disclaims and you hereby discharge, waive and release Kraftful and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive any similar provision in any other jurisdiction.
