Terms of Service

1. INTRODUCTION

a. These Terms and Conditions (the “Terms”) are a legal agreement between you (“Licensee” or “you” and its derivatives) and individee GmbH. (“individee” or “we” and its derivatives). These Terms govern your use of individee’s website at https://kettufy.com, (the “Site”) and your access to and use of our drag-and-drop application building, hosting, and management platform (the “Platform”). Except where specifically noted below, all references to the Platform include the Site as well. individee’s Privacy Policy is incorporated by reference into these Terms and details how we collect, use, and protect information about individuals.

b. TO USE THE PLATFORM, YOU MUST REPRESENT A LEGAL ENTITY OR YOU MUST BE AN ENTREPRENEUR (§14 BGB). 

c. By accessing or using the Platform, you represent and warrant that you have the legal right to do so, meet the requirements in Section 1(b), and have the power to enter into a binding contract with us – either for yourself or on behalf of the entity on whose behalf you are using the Platform. YOU ARE REQUIRED TO AFFIRMATIVELY ACCEPT THESE TERMS WHEN INITIALLY SIGNING UP TO ACCESS THE PLATFORM. 

d. These Terms do not apply to any third party websites, services and applications (“Third Party Services”) that you may access through the Platform, such as payment processors or messaging applications. We are not responsible for the content or practices of Third Party Services and provide links to Third Party Services only for the convenience of our users. We encourage you to carefully review the terms of service of any Third Party Service you access through the Platform.

e. SECTION 14 OF THESE TERMS REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES ARISING OUT OF THESE TERMS, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IF THERE IS SUCH A DISPUTE.

f. We may change these Terms at any time. When we do so, we will make a new copy of the Terms available on this page and will also inform you through the administration panel of the Platform, as applicable. Any changes to the Terms will be effective immediately for new users and five (5) days after notice of such changes is posted on the Site for existing users. 

g. You may contact us using the contact form on https://kettufy.com/contact or write us at individee GmbH, Schlesische Str. 32, 10997 Berlin, Germany with any questions you have about these Terms, the Platform, or our other services. 


2. PLATFORM LICENSE

a. License. Subject to these Terms, individee grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to: (i) access and use the functionality of the Platform to build, host and manage websites and other Internet-based services (collectively, a “Kettufy Site”) that may be made available to members of the general public (each such individual accessing a Kettufy Site, an “End User”). The license granted in this Section 2(a) includes the right to access, use, and make a reasonable number of copies of any written descriptions of the functionality, technical requirements, or use of the Platform (collectively, “Documentation”), and (b) use any changes to the Platform made available to all individee clients at no additional cost (each, an “Update”) when each Update is made available. Updates are applied automatically to the Platform. Documentation is available at https://discover.kettufy.com. 

b. Restrictions. Except as explicitly permitted in these Terms, you may not, directly or indirectly: (i) modify or create derivative works of the Platform; (ii) decompile, reverse engineer, or translate any portion of the Platform into human-readable form (except to the extent expressly allowed by applicable law); (iii) rent, lease, share, distribute, or sell the Platform to any third party, including on a service bureau or similar basis; (iv) remove, alter or deface proprietary notices or marks in the Platform or Documentation; (v) disclose the results of testing or benchmarking of the Platform; (vi) circumvent or disable the Platform’s security, copyright protection, or license management mechanisms, (vii) interfere with the Platform’s operation; (viii) use the Platform to violate the law or the rights of any third party; or (ix) attempt to do any of the foregoing. individee may take any actions it deems reasonable, including denying access to Users, suspending a Kettufy Site, or terminating your Subscription (as defined in Section 8(a)) for any breach of this Section 2(b). 


3. USE OF THE PLATFORM

a. Accounts. 
i. To access the Platform’s app creation and management tools you must create an account (an “Account”). Every individual with such access is a “Direct User” (as opposed to End Users, who are visitors to Kettufy Sites) and, unless the circumstance clearly indicates otherwise, all references to “you” in this Agreement apply to Direct Users. When you create or update an Account, you must provide information that lets us contact you and (if you are signing up for a paid Subscription) process payments through our third party payment processor. All personal information that we collect in relation to your Account is subject to our Privacy Policy; information collected by the payment processor is subject to their equivalent policy. You agree to keep all Account information accurate, current and complete for so long as you are using the Platform. 
ii. If you design, operate, or maintain Kettufy Sites for third parties on a commercial basis, you may create an Account under our Agency Subscription Plan, (an “Agency Account”), When operating an Agency Account, (1) you may not use it to create your own Kettufy Sites; (2) the restriction set forth in Section 2(b)(iii) does not apply to work you perform for your customers, and (3) once you create a Kettufy Site, your customer must establish their own Account with us at the proper Subscription level prior to making it available to End Users. 

b. Security. Each Direct User must establish unique login credentials to access the Platform and is responsible for maintaining the confidentiality of such credentials. The unique login credentials cannot be shared or used by more than one individual Direct User to access the Platform. Direct Users may only access the Platform during one (1) concurrent login session. You must immediately inform individee of any suspected unauthorized use of the Platform or unauthorized disclosure of login credentials. individee cannot and will not be liable for any loss or damage arising from a failure to safeguard Account credentials or unauthorized use of such credentials.  individee reserves the right to monitor the use of login credentials and may suspend, disable or terminate any Direct User’s access to the Platform if individee reasonably determines that such Direct User has breached this Agreement or if such Direct User’s account has been used by an unauthorized third party.  individee may charge you additional fees in accordance with Section 8 in connection with the use by more than one individual of any unique login credentials.

c. Acceptable Use. In addition to the restrictions set forth in Section 2(b), you and your Direct Users may not use the Platform in any way that does not comply with individee’s Acceptable Use Policy, which is incorporated into these Terms by reference (https://kettufy.com/acceptable-use-policy).

d. Chatbot. individee provides certain features, including a chatbot function that responds to user requests with automated replies, leveraging certain third party services or applications to power the Platform’s chatbot function. By using these functions, you hereby consent and authorize individee to share any information you provide with one or more third party providers or such chatbot function to the minimum extent required to complete your request.  YOU, AND NOT INDIVIDEE, SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THESE FUNCTIONS. YOU ACKNOWLEDGE AND AGREE THAT ANY CONDUCT YOU ENGAGE IN AS A RESULT OF THE INFORMATION PROVIDED BY THE CHATBOT OR ANY OTHER AI-ENABLED FEATURE MADE AVAILABLE THROUGH INDIVIDEE OR SUCH THIRD PARTY PROVIDERS IS AT YOUR OWN RISK. BECAUSE CHATBOTS UTILIZE ARTIFICIAL INTELLIGENCE TO COMMUNICATE WITH YOU, OUR CHATBOT(S) MAY PROVIDE INFORMATION THAT IS AN INACCURATE RESPONSE TO YOUR REQUESTS IN ITS INTERACTIONS WITH YOU.  YOU AGREE THAT INDIVIDEE WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR THE CHATBOT (OR ANY OTHER AI-ENABLED FEATURE MADE AVAILABLE BY INDIVIDEE OR THIRD PARTY PROVIDERS) PROVIDING INACCURATE INFORMATION TO YOU.

4. INDIVIDEE OBLIGATIONS 

a. Availability. individee will use commercially reasonable efforts to make the Platform available at all times, except for scheduled downtime and any unavailability caused by events beyond our reasonable control, such as fires, natural disasters, government actions, civil unrest, Internet service provider failures or delays, or denial of service attacks that would not be stopped by the use of standard security measures. 

b. Security. individee will employ industry-standard technical, logical, and physical security measures and practices for the Platform and any individee systems on which Direct User Content (as defined in Section 5(a)) is stored or processed designed to preserve the security and integrity of, and prevent unauthorized access to, the Platform, Kettufy Sites, and Direct User Content. 

c. Support. individee will provide all Updates to the Platform as and when they become available. Online documentation, community forums, manuals, and interactive training materials are available at all times at https://discover.kettufy.com. In addition, Direct Users with paid Subscriptions have access to support by contacting us at [email protected]. Before contacting support, we strongly recommend you check the various help and support pages at https://discover.kettufy.com and various support articles at https://kettufy.com /, as many questions received by our support team are addressed there.


5. KETTUFY SITES AND DIRECT USER CONTENT

a. General. You are responsible for all text, images, photographs, or other materials provided or uploaded by you or Direct Users associated with your Account to the Platform or Site (“Direct User Content”). Direct User Content includes all content of Kettufy Sites, the design and workflow of a Kettufy Site, all data generated by or submitted to a Kettufy Site (including information relating to End Users), and any comments, reviews, responses or other information posted in any user forums or the equivalent. AS BETWEEN YOU AND INDIVIDEE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT, OPERATION, AND MANAGEMENT OF ANY KETTUFY SITE OR OTHER DIRECT USER CONTENT TO WHICH YOU HAVE ACCESS (INCLUDING IF SUCH DIRECT USER CONTENT WAS PRODUCED BY OTHERS OPERATING ON YOUR BEHALF, SUCH AS WHERE MULTIPLE DIRECT USERS HAVE ACCESS TO A SINGLE KETTUFY SITE), AND YOU AGREE TO INDEMNIFY INDIVIDEE FOR ANY CLAIMS, DAMAGES, COSTS, AND LIABILITIES ARISING FROM SUCH KETTUFY SITE OR CONTENT. For each piece of Direct User Content that you submit, you represent and warrant that: (i) you have the right to submit the Direct User Content to the Platform and grant the licenses set forth in this Section 4; (ii) if payment is required to any third party for the display of such Direct User Content that is licensed, you are solely responsible for all such payments and will indemnify individee for any third party seeking license or other payments related to Direct User Content from individee; (iii) the Direct User Content does not infringe, violate or misappropriate any third party’s rights, including any copyrights, trademarks or other intellectual property rights and privacy rights; and (iv) the Direct User Content complies with these Terms, the Acceptable Use Policy and all applicable laws. 

b. End User Content and Kettufy Site Terms. If End Users are allowed to post content on a Kettufy Site, such content will be deemed Direct User Content of the Direct User(s) who own the Account(s) associated with such Kettufy Site. Each Kettufy Site must include terms of use that are at least as protective of individee, and grant the controller of the Kettufy Site the same rights with respect to removal and treatment of End User content that individee has with respect to Direct User Content set forth in these Terms, including Sections 2(b), 3(c), 5(c), 5(d), 5(e), and 14. 

c. Review and Removal of Content. individee is not required to review Direct User Content, but may determine in accordance with Section 5(e), in our sole discretion, that certain Direct User Content violates these Terms. We may remove such content, suspend your Account, suspend access to the applicable Kettufy Site, or take any other steps that we deem appropriate in such case. Where applicable, individee may still collect subscription fees from suspended accounts. individee does not guarantee the accuracy, reliability or quality of Direct User Content. You acknowledge that by using the Platform, or by visiting a Kettufy Site, you may be exposed to content that you may consider offensive, indecent or objectionable. If you believe that any content on the Platform infringes a third party copyright, trademark, or other intellectual property right, you may report the infringement as set forth in Section 15. 

d. License to individee. By posting, displaying, sharing or distributing Direct User Content on or through the Platform, you grant individee, its affiliates, and any applicable Third Party Services a nonexclusive license to use such Direct User Content during the Term (as defined in Section 11) solely for the purpose of operating the Platform and providing related services. individee is acquiring no rights in the Direct User Content except for the limited license set forth above.

e. Compliance and Preservation. individee reserves the right to access, monitor, investigate, preserve and disclose Account information and / or Direct User Content if individee is required to do so by applicable law or if we believe in good faith that such access, monitoring, investigation, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms, (iii) respond to claims that any Direct User Content violates the rights of third parties, including pursuant to Section 13, (iv) respond to your requests for customer service, (v) detect, prevent, or otherwise address fraud, security or technical issues, or (vi) protect the rights, property or personal safety of the Platform, individee, our employees, directors or officers, partners and agents, or members of the public.

f. Ownership Disputes. Sometimes ownership of an Account or Kettufy Site is disputed between parties, such as a business and its employees, or a web designer and a client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or Kettufy Site ownership and to transfer an Account or Kettufy Site to such owner. Our decision in that respect is final. If we feel that we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or Kettufy Site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice or business license, to help determine the rightful owner.

6. OWNERSHIP 

a. Platform. Aside from the limited license granted to you in Section 2(a), individee retains all right, title and interest in and to the Platform, Documentation, and all Updates.

b. Direct User Content. Except for the limited licenses granted to individee in Section 5(d), as between the parties, you retain all right, title, and interest in and to your Direct User Content. For the avoidance of doubt, except for Buyer Reviews, you may re-use any Direct User Content, including Kettufy Site workflow and design, on other web platforms or media without restriction. Direct User Content includes User Components. 

c. Usage Information. individee owns all data regarding installation, registration, and use of the Platform, and related to Platform performance, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage Information”). Usage Information includes information about Kettufy Sites, and all Usage Statistics. Usage Information does not include any personally identifiable information or End User Information, but may include aggregated information derived from Direct User Content. Usage Information is used to contribute to analytical models used by individee, to monitor and improve the Platform, and to perform individee’s obligations under this Agreement. 

d. Marks. You and individee each retain all right, title and interest in and to their respective trademarks, service marks, logos, name, branding, and equivalent identifiers (“Marks”). You grant individee a limited, non-exclusive, non-transferable, sublicensable right to use your Marks on the Platform and as otherwise required to fulfill its obligations hereunder, and for attribution as set forth in Section 15(e), consistent with your standard guidelines regarding the use of the Marks. Except for the reproduction of individee Marks as permitted herein, you may not use individee Marks for any purposes, including in a way that suggests you are or endorsed by or associated with individee in anything other than a customer relationship, or in connection with the marketing of, your Kettufy Sites or other services related to individee. All permitted use of a party’s Marks hereunder will inure to the benefit of the owning party. 

e. Feedback. Any feedback, comments, or suggestions you may provide regarding us, the Platform, or other services we offer (“Feedback”) is entirely voluntary and you hereby grant individee a perpetual, irrevocable, and royalty-free right and license to use all Feedback in any lawful manner whatsoever, without any obligation to you.


7. THIRD PARTY MATERIAL

a. Third Party Services. You are responsible for complying with the terms of use of all Third Party Services applicable to your use of the Platform. individee is not responsible for the performance of Third Party Services. individee will maintain compatibility of the Platform with Third Party Services accessed via the features of the Platform as part of the support services set forth in Section 4(c). 

b. Third Party Content. individee may make content from third parties, including data provided by Third Party Services (“Third Party Content”), available via the Platform. individee is not responsible for the accuracy or completeness of Third Party Content. If individee is required to remove Third Party Content, or is notified that certain Third Party Content may violate applicable law or third party rights, individee may remove such Third Party Content without notice. 

c. Open Source Software. Certain items of code provided with or accessed via the Platform are subject to “open source” or “free software” licenses (“OSS”), a list of which is available in the about section of the Platform. OSS is not subject to these Terms, except for this Section 7(c) and Section 11. Instead, each item of OSS is licensed under the terms of the license that accompanies such OSS. 


8. FEES 

a. Subscription. You do not need to pay to access the Platform, but after our free tier page views, the consumption of API-Endpoints, E-Mails and Storage are only available through a pay per use Subscription. Information about the free tier and pricing are available at https://kettufy.com/pricing. Fees for usage (“Usage Fees”) are due at the end of each billing period. Fees for Pre-Paid savings plans (“Savings Plan Fees”) are due at the start of each billing period. All Fees and other payments or credits related to your Account, will be made in accordance with the charges and billing terms in effect when such payment is due or funds are received. You must provide us with a valid credit card or other payment method that we accept (“Payment Provider”), prior to starting a Subscription. You will promptly update your Account if there is any change to your payment information. Your Payment Provider agreement, and not these Terms, governs your use of the designated credit card or online transaction account. By providing your payment information, you agree that we may invoice you for all fees and charges when they become due to us (and process all payments due to you as a Seller) without additional notice or consent. We may change our fees and billing practices at any time, either by posting notice of such change on the Site or notifying you within the Platform, provided that any pre-paid fees for Services not yet completed will not be affected by such change.

b. Automatic Renewal. Pre-Paid savings plans will automatically renew at the rates then in effect until cancelled as set forth in Section 8(c). By subscribing, you authorize us to charge your Payment Provider at the beginning of any subscription period. Upon renewal of your Subscription, if we do not receive payment from your Payment Provider, you will either pay all amounts due on your Account within fifteen (15) days of the date such payment was due or we may terminate your Subscription.

c. Cancellation. Pre-Paid savings plans may be cancelled at any time, to the end of the current billing period, by going to the “Plans and Billing Information” section of your Account page, or by contacting us at the [email protected]. Cancelled Pre-Paid savings plans will retain their validity until the end of the current billing period. 

d. Taxes. “Sales Tax” means any sales or use tax, and any equivalent tax measured by sales proceeds that we are required to pass through to our customers. Sales Tax is automatically calculated and added to all orders where applicable. To the extent applicable, all payments for the Services will be made free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to us will be your sole responsibility. 

e. Payment Services. We use Stripe for payment services (e.g., card acceptance, merchant settlement, and related services). By paying for a Subscription, you agree to be bound by Stripe’s Privacy Policy: https://stripe.com/us/privacy/ and authorize us and Stripe to share any information and payment instructions you provide with your Payment Provider and any other Third Party Service provider(s) solely required to complete your transactions. 


9. CONFIDENTIAL INFORMATION

a. General. “Confidential Information” means non-public or proprietary information in any form disclosed by or on behalf of either party that (i) is marked or identified as “confidential” or with a similar designation, or (ii) by its nature or the circumstances of its disclosure ought reasonably to be treated as confidential. The Platform, Documentation, and Usage Information is individee Confidential Information. Each party may have access to the other party’s Confidential Information as a result of this Agreement. Confidential Information is the sole property of the disclosing party. 

b. Use. Each party will: (i) only use Confidential Information to fulfill its obligations hereunder and/or as contemplated by these Terms and the Privacy Policy; (ii) only provide access to Confidential Information on an “as-needed” basis to its personnel, agents, and/or consultants who are bound by obligations materially similar to this Section 9(b), and (iii) maintain Confidential Information using methods at least as protective as it uses to protect its own information of a similar nature, but in no event with less than a reasonable degree of care. The obligations in this Section 9(b) will apply during and for three (3) years after the Term, except in the case of Confidential Information that is a trade secret, in which case the obligations will remain in effect as long as the trade secret is maintained. 

c. Exceptions. Confidential Information does not include information that is: (i) publicly available when disclosed or becomes publicly available without fault of the recipient after disclosure; (ii) rightfully learned by recipient from entities not bound to keep such information confidential, (iii) independently developed by recipient; or (iv) approved for unrestricted disclosure by the disclosing party. In addition, a recipient may disclose the other party’s Confidential Information as required by court order or applicable law (provided that, to the extent legally permissible, the recipient promptly notifies the other party of such requirement and cooperates with the other party’s reasonable efforts to prevent or limit the scope of such disclosure, at the other party's expense). 


10. TERM AND TERMINATION

a. Term. These Terms will remain in effect for so long as you access the Site or use the Platform (the “Term”). 

b. Termination by individee. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of these Terms, or if we are required to do so by law (e.g., where the provision of the Platform becomes unlawful), we may, immediately and without notice, suspend or terminate your Account. We will not be liable to you or any third party for any such termination, except that, if we stop offering the Platform where required to do so by law, we will refund any prepaid Fees for the remainder of the Term then in effect within thirty (30) days of the date of termination.

c. Termination by You. Pre-Paid savings plans and Pay-Per use plans may be cancelled at any time by going to the “App Plan” tab of your app editor, clicking on “Update Plan” and selecting the Free plan as set forth in Section 8(c). Following the termination date of your Subscription, these Terms will no longer apply to you unless (and only to the extent that) you access the Site. 

d. Effect of Termination. Upon expiration or termination of this Agreement for any reason, the rights and licenses granted under this Agreement will immediately terminate. Sections 6, 9, 10(d), and 11 through 14 will survive the termination or expiration of this Agreement for any reason.


11. DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION

a. WARRANTY. THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. INDIVIDEE MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. INDIVIDEE DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR WORK WITHOUT INTERRUPTIONS.

b. LIMITATION OF LIABILITY. EXCEPT IN THE CASE OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY, IN NO EVENT WILL (a) INDIVIDEE’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS, OR (b) EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 

c. INDEMNIFICATION. You will indemnify, defend and hold individee harmless from any claim, action, suit or proceeding made or brought against individee arising out of or related to (a) your breach of any term of this Agreement, or (b) Direct User Content. 


12. INFRINGEMENT 

a. General. individee respects the intellectual property rights of others and we expect our users to do the same. If you are a copyright owner and believe a user of the Platform or operator of a Kettufy Site is infringing your copyright or the copyright of any third party, please notify our designated copyright agent in writing at the following address: 

individee GmbH 
Schlesische Str. 32
10997 Berlin
Germany
[email protected]

b. Notice Requirements. Each notification must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed, (ii) a description of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works, (iii) identification of the material that is claimed to be infringing, and information reasonably sufficient to permit individee to locate the material, (iv) information reasonably sufficient to permit individee to contact you, such as an address, telephone number, and, email address, (v) a written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a statement made under penalty of perjury that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Note that when individee contacts the owner of the content that is claimed to be infringing, we may provide them with the rights owner's name, contact information, and nature of the report, so that contact between the two parties may be established.

c. Trademarks. The above process may be used to inform us of potential or suspected violations of other intellectual property rights, including unauthorized use of trademarked material. 
d. Rights and Remedies. We may remove Direct User Content and other content on the Platform alleged to be infringing and terminate the right to use the Platform by any Direct User who infringes the intellectual property rights of another person or entity, in each case without prior notice and at our sole discretion.


13. DISPUTE RESOLUTION

a. Governing Law. These Terms, for all purposes, will be governed and interpreted according to the laws of the Federal Republic of Germany, without giving effect to its conflicts of laws provisions that would require a different result. 

14. MISCELLANEOUS

a. Assignment. You may not assign these Terms or any rights or obligations without individee’s prior written consent. Subject to the foregoing, these Terms will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. Any attempted assignment in violation of this Section 14(a) will be null and void.

b. Export Regulations. The Platform may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. government denied-party list. You will not permit Direct Users to access or use the Platform in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Sudan, Syria, or Crimea (region of Ukraine)) or in violation of any U.S. export law or regulation.

c. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the remaining provisions will remain in full force and effect.

d. Attribution. We may identify you as a client in standard marketing materials, including the customer page of the Site. 

e. Waiver. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof.

f. Entire Agreement; Modification. These Terms are the entire understanding of the parties with respect to their subject matter and supersede any previous or contemporaneous communications, whether oral or written. These Terms may be modified as set forth in Section 1(f) or in a writing signed by both parties. 

g. Headings and Interpretation. Headings are for reference only and do not affect the parties’ rights and obligations hereunder. As used herein, “may” means “has the right, but not the obligation, to”; “includes” and its variations means “includes, but is not limited to”; and “days” means calendar days, provided that obligations that would be due on a weekend or holiday will be due on the next business day following such weekend or holiday.

h. Data Processing Addendum: The parties acknowledge and agree that, to the extent that the provision of the services under these Terms involves the processing of “personal data” as defined by the General Data Protection Regulation 2016/679 (“EU GDPR”) or the EU GDPR as it forms part of the law of the United Kingdom (“UK GDPR”), the terms of the Data Processing Addendum (as updated from time to time) shall apply.