End User License Agreement
(Last Revised: Oct, 2021)
These End User License Agreement (“EULA”) constitute a legal agreement between Kendago B2C Media Solutions Ltd (“Company”, “we” or “us“) and the user of our “Kendago Analytics” (respectively, “User”, “you” and “App“). These EULA governs your usage of the Apps and the Services offered therein (as defined below).
ACCEPTANCE OF THE EULA: PLEASE READ THESE EULA CAREFULLY BEFORE DOWNLOADING OR USING THE APP AND SERVICES. YOU ACKNOWLEDGE THAT THESE EULA CONSTITUTES A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND THE COMPANY. WHEN INSTALLING AND USING THE APP AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE EULA, AS WELL AS TO USE THE APP AND THE SERVICES OFFERED THEREIN ACCORDING TO THE PROVISIONS SET FORTH HEREIN, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE APP. IN THE EVENT YOU DO NOT AGREE WITH THE PROVISIONS OF THESE EULA, OR ANY PART HEREOF, YOU MAY NOT USE THE APP, AND UNINSTALL, WHERE APPLICABLE.
We reserve the right to periodically amend or revise these EULA, at our discretion. Such amendments shall be effective as of the “Last Revise” heading located at the top of these EULA. We will make a reasonable effort post notification in the event that, at our discretion, the changes made are material. We recommend that you review these EULA periodically as your continued use of the App and Services following the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
The App is an internal interface designated for the internal use of our employees and other affiliated parties. Only users with specific permissions and access methods provided by the Company can use the App, and the use of the App by any such User is limited to the actions and access authorizations set by us. The App allows the Company to perform certain actions with respect to the Company’s use of YouTube, whether for itself or for any of the Company’s customer’s using YouTube (“Services”).
Please note that the App interact and connect with other systems, including systems owned and operated by third parties (“Third-Party Applications“). Any such Third-Party Application may be changed and updated from time to time at the relevant third-party sole discretion. Such Changes my effect the use or proper operation of the App.
Accessing and Registering to the App (if applicable)
Access to the App and the use of it, is controlled by access means provided to our employees and authorized users through our other systems (“Login Information”). The identification of any such use of the App is based upon internal identifiers provided through our other systems, while creating a specific account for any such user, or general account shared by all of our Users (“Account“). You must safeguard and not disclose your Login Information and you must supervise the use of the Account. You will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including any loss, theft or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify us and modify your Login Information.
You undertake to monitor your Account and to restrict use by anyone who is not an eligible user. You accept full responsibility for any use of the Service using your Login Information, including any use of your credit card or other payment instrument.
We reserve the right to remove or reclaim any Account or Login Information at any time and for any reason, including in case of claims by a third party that a username violates any third party’s rights or otherwise violate these EULA.
All right and interest in the App’s trademarks, service marks, components, code, protocols, software and documentation as well as any derivatives thereof or improvements and modifications, are our property or the property of our licensors, and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the App.
Except as expressly granted herein, we retain all right, title and interest in and to the App, as well as any content provided or made available in connection with the Service.
We do not provide any User with a license or any other entitlement or right to the system. The Use of the System is only permitted by the Company, and its employees, agents and other affiliated parties acting on its behalf.
Representations, Warranties and Acceptable Use Policy
You hereby warrant that: (i) you are eligible to enter into these EULA and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; (ii) you are of legal competence to enter into these EULA and you are at least thirteen (13) years of age; (iii) you have all proper authorization, if you are acting on behalf of a corporation, to enter into these EULA; (iv) you are either the owner or an authorized user of the the App is installed, permitted and instructed for such use by the Company and on its behalf; (v) you will install the App and use the Services only in accordance with our instructions; (vi) you will use the App and Services in full compliance with all applicable laws, rules and regulations.
Except as expressly provided under these EULA, you may not, nor may not enable anyone else to, directly or indirectly : (i) change, modify, edit, create a derivative work of, alter or bypass any feature of the App;(ii) assert any proprietary rights in or to the App, nor remove, amend or impair any notices of proprietary rights; (iii) disable, interfere, or circumvent with security-related features of the App or impair its performance; (iv) use, access or attempt to use or access the App with malicious codes or any automated means, such as scraping, crawling or any robot, spider etc. (v) use the App and Services to promote, conduct, or contribute to fraudulent, illegal or any other inappropriate activities; (vi) change, modify, decompile, disassemble, reverse engineer, translate, make any copies of, circumvent, hack, or any temptation to extract the source code of the App.
THE APP AND THE SERVICES ARE DESIGNATED AND PROVIDED SOLELY FOR THE INTERNAL USE OF THE COMPANY AND ITS REPRESENTATIVE. IT IS STRICTLY PROHIBITED TO USE THE APP FOR ANY OTHER PURPOSE OR BY UNAUTHORIZED PARTIES ACTING ON BEHALF OF THE COMPANY.
WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, THE APP AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE, SUITABILITY, MARKETABILITY, INCOMPLETENESS, APPLICABILITY, RELEVANCE OR SERVICE LEVEL. THE COMPANY DOES NOT WARRANT THAT THE APP IS OR WILL BE FREE OF HARMFUL OR MALICIOUS CODE NOR THAT THE APP WILL BE FREE OF ANY ERRORS OR BUGS, OR THAT THE COMPANY WILL TAKE ACTIONS IN ORDER TO CORRECT THOSE ERRORS. THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM THE USE OF THE APP BY UNAUTHORIZED USER. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE APP OR THE SERVICES WILL BE AVAILABLE FOR USE IN ANY PARTICULAR LOCATION OR AT SPECIFIC TIME. IN ADDITION, THE COMPANY HAS NOR RESPONSIBILITY OR LIABILITY FOR DAMAGES OR ERRORS, FROM ANY KIND, RESULTED FROM THE THIRD-PARTY MANAGEMENT APPLICATIONS OR DUE TO THEIR INTEGRATION THROUGH THE APP. THE USER’S USE OF THE APP OR SERVICES IS AT THE USER OWN RISK AND RESPONSIBILITY.
Limitation of Liability
YOU HEREBY ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO), LOST OF PROFITS, LOSS OF DATA, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT FROM THE USE OR INABILITY TO USE THE APP OR THE SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AND AGGREGATED LIABILITY SHALL NOT EXCEED 50$ US. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Updates, Upgrades and Changes
We reserve the right, at any time, to perform any revisions to the App and the Services, included any change, upgrade or update of any feature available therein (“Revisions“). The Company is not obligated to provide any notice regarding such Revisions, in advance or otherwise and shall not be liable for any damages or any other effect resulting from the Revisions. Please note that such Revisions might be automatically installed.
Each party may terminate these EULA, at any time. If you wish to terminate these EULA you may do so simply by uninstalling the App and cease your use of the Services. The Company may terminate these EULA and cease the operation of the App at any time, effective immediately. The Company will not be liable to you or any third party for any termination. Note that, termination may result in the destruction of all information and data associated with your use of the App. Following termination, the provisions of these EULA, which by their nature should survive any such action on our part, shall survive.
Our Privacy Practices
These EULA shall be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law. Any dispute, claim or controversy arising out of, connected with, or otherwise relating to these EULA and your use of the App or Services will be subject to the exclusive jurisdiction of the competent court in Tel-Aviv, Israel. The limitation in respect to any claim to these EULA, the App and Services shall be limited to twelve (12) months as of the relevant claim, and will be permanently barred afterwards.
These EULA constitutes the entire understanding between you and the Company regarding your use of the App and Services. If any part of these EULA is determined to be invalid or unenforceable, such determination shall not affect the remaining provision, which will remain valid and in full force. You may not assign or transfer any of your rights in under these EULA. The Company may assign its rights and obligations under these EULA to any third party at its sole and absolute discretion. In no event a failure of the Company to enforce any rights or to take action shall be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. In no event the Company shall be deemed in breach of these EULA if the Company is unable to provide the App, the Services or any part thereof.
YouTube Terms of Service
By using the app, you are also agreeing to YouTube’s Terms of Service that can viewed at https://www.youtube.com/t/terms.
If you have any questions, please contact us at: firstname.lastname@example.org