Please read the following agreement before subscribing and using the MDM Services ( referred to as “service”) of Communitake Technologies Limited (hereinafter referred to as “Licensor”) being provided to you by Tata Teleservices Limited (TTSL) and Tata Teleservices (Maharashtra) Limited (TTML). You are required to agree and comply with the Terms and Conditions mentioned below.
TTSL and TTML are together referred to as “TTL”.
“User” or “You” below means/ refers to Individuals and Business Users and in case of Business Users every multiple end user authorized by Business User who is the subscriber to the MDM Service. If you do not agree with any of the terms or conditions contained herein, please do not use the MDM Service.”
Acknowledgement of Terms. When you access this site, you acknowledge that you have read the terms set forth below and understood that access to this site is subject to the provisions of the same. If you do not agree to the terms set forth here or in the Privacy Statement, you should exit this site now.
Copyright. Everything on this site is copyrighted. The copyrights are owned by Tata Teleservices Limited ("TTL") or the original creator of the material. However, you are free to view, copy, print and distribute TTL material from this site, as long as:Q.What is the Tata Tele Business Services Mobile Device Management solution used for?
Trademarks. All the Trademarks in the website belong to TTL and / or its licensors and the same cannot be used for any purposes. This does not prohibit you from merely downloading application forms and other material, which contains the above marks.
Material on this site is provided "as is" and does not constitute a warranty of any kind, either express or implied. TTL disclaims all warranties, expressed or implied. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. It also includes any expressed or implied warranties arising from any course of dealing, usage or trade practice.
Limitation of Liability. TTL is not liable for any direct, indirect, special, incidental, speculative and consequential, whatsoever damages arising out of the use or the inability to use the material on this site. This includes but is not limited to the loss of data or loss of profit, even if TTL was advised of the possibility of such damages.
Links. While this Web site may contain links to third-party sites, TTL is not responsible for the content of any linked sites. TTL provides these links as a convenience and does not endorse the companies or contents of any linked sites.
Product Availability. The availability of the products described on this site, and the product descriptions, may vary from region to region. Consult your TTL Account Executive for specific product information.
Your Posted Information. You are prohibited from posting or transmitting any unlawful, threatening, obscene, libellous, or otherwise offensive material. TTL would undertake periodic review of this website to prevent uploading of offensive material however TTL disclaims any liability to do so whether under contract, statute or the law of equity or of torts.
Your Submission. Any material, information, or idea submitted or posted on this Web site will be considered non-confidential and non-proprietary. TTL may share or otherwise use your submission for any purpose whatsoever. If any of the information submitted constitutes personal data, you agree that TTL may transmit such personal data across national and international boundaries for any TTL business purpose. Personal data will be treated as set forth in our Privacy Statement.
Jurisdiction and Choice of Law. All claims or issues regarding this Web site shall be governed according to the laws of India. Any legal action concerning these Terms or this Web site must be brought within one (1) year after the claim or cause of action arises and must be brought in the city of Mumbai, India failing which the claim to such legal action shall be deemed to have been irrevocably lapsed.
1.1. At CommuniTake Technologies Inc. (“CommuniTake,” “our,” “us,” “we”), we respect your privacy and are committed to protecting it. We recognize the need for appropriate protection and management of information we learn about visitors of our website, www.communitake.com (together with the other websites we may own and control), (the “Websites”), and our customers who use the tools and services offered by CommuniTake (the “Service”). “Services” mean any service offered by us, including, inter alia, Total Care solution or its sub-components, CommuniTake Enterprise Mobility solution or its sub-components, Machine Care solution or its sub-components, CommuniTake Intact solution or its sub-components, CommuniTake InStore solution and any sub services/offerings that are derived from it.
1.3 Your use of the CommuniTake Websites and the Service indicates your consent to the Policy.
2. Which data do we gather?
2.1. Usage Data. We collect encoded or anonymized information or aggregated data about a group or category of services, features or users which does not contain personally identifying information. (“Usage Data”) ,
2.2. Personal Information. We also collect information set that identifies or could be used by or on behalf of CommuniTake to identify an individual (“Personal Information”
2.3. Children’s Personal Information. CommuniTake does not knowingly collect any Personal Information from children under the age of 13.
3. How do we collect Usage Data and Personal Information?
3.1. Directly – when you provide information or contact us; and
3.2 Indirectly – through our Websites’ technology, for example, your IP address, the pages you view, your operating system and browser type.
3.3. Indirectly – through our care tools, mobility management tools and mobile security tools, for example, the applications you use, the URLs you navigate to, your contacts and your communications usage levels.
4. Why do we collect Usage Data and Personal Information?
4.1 We collect and analyze Usage Data in order to determine what is most effective about our Websites, and to help us understand trends in usage of the Service so that we can better consider how to improve it and make it more effective.
4.2 We use Personal Information to provide you with information you request and for other purposes which we describe to you at the point where it is collected or which will be obvious to you.
4.3 We use Personal Information to provide you the Services you request in regards to mobility, care and security.
4.4 We may also use the Personal Information you provide to operate the Service and tailor it to your needs, for billing, identification and authentication, to contact and communicate with you about the Service and your use of the Service, send you marketing materials (subject to your opt-out option), for research purposes, and to generally improve the content and functionality of the Service.
5. Protection of Information.
5.1.1. Except as described in this Policy, CommuniTake will not sell, trade, or disclose to any third parties Usage Data and Personal Information derived from the use of the Service or visiting the CommuniTake Websites.
5.1.2. Notwithstanding the above, we may share Usage Data with third parties, including our customers, partners and service providers, for various purposes, including to help us better understand our customers’ needs and improve the Service as well as for advertising and marketing purposes. We do not share Usage Data with third parties in a way that would enable them to identify you personally.
5.1.3. Notwithstanding the above, we may also transfer Personal Information to our contracted service providers who are sometimes located in other countries. For example, we may share your Personal Information with our third-party service providers (such as its credit card processors and hosting partners) to provide the necessary hardware, software, networking, storage, and other services we use to operate the Service and maintain a high quality user experience. In the event that we transfer Personal Information, we ensure your Personal Information is sufficiently protected in accordance with law and our internal policies.
5.1.4. In addition, certain exceptions may apply, including if the disclosure is required by law, if it is necessary to protect the rights, property, or safety of CommuniTake, our client or third parties, if the Personal Information is publicly available, or if the disclosure is reasonably necessary.
5.2. Security. We have implemented security features as well as internal policies to protect Personal Information from unauthorised access or improper use, which we will continue to do as new technology becomes available.
5.3. Data Integrity. CommuniTake will only use Personal Information in ways which are compatible with the purposes for which it was collected and other purposes expressly provided in this Policy.
5.4. Enforcement. We periodically confirm that the Policy complies with the relevant privacy laws.
6. Applicability of the Policy.
6.1. This Policy only applies to Usage Data and Personal Information collected by us and for our use.
6.2. The Policy does not cover the data processing in any cloud service, even if we manage it. The cloud provider’s privacy policies apply.
6.3. You acknowledge that by providing us information we will not be in breach of Israeli protection of privacy laws.
6.4. Our Websites may contain links to other websites and web applications that are not owned or controlled by CommuniTake. Please be aware that we do not determine and we are not responsible for the privacy practices or content of such other sites. We encourage you to be aware when you leave our Websites, and read the privacy statements of other websites and web applications linked to our Websites.
8. Web Beacons. We also may employ web beacons. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of internet users. Unlike cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on websites. We tie the information gathered by web beacons to information we otherwise collect, and use them in our emails to learn which emails have been opened by recipients. This allows us to gauge the effectiveness of our marketing campaigns as well as to operate and improve our service. You cannot remove these tracking technologies as they form part of the content of web pages. However, as they work together with cookies, by turning off cookies you will also prevent any web beacons from tracking your user activity on our Websites. That is, even though the web beacon will still account for anonymous visits, your information will not be recorded.
9. Targeted emails.
9.1. We may send targeted emails to our customers and other individuals and companies which often include web beacons, cookies, and other technologies that let us know if you open, read, or delete our email and whether you click on a link.
9.2. If you click on a link from an email you receive from us, we will also use a cookie to log what pages you view and what content you download from our Websites.
9.3. You may choose to opt out of advertising emails but not service related emails and other communications.
10. Public Forums. The Service (including the CommuniTake Websites) may offer publicly-accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
11. Inspecting, correcting and deleting your information.
11.1. You are entitled to know whether we hold Personal Information about you and inspect such information, subject to law, by contacting us at email@example.com.
11.2. Customers may update, change or delete the Personal Information they have provided CommuniTake by contacting us at firstname.lastname@example.org.
11.3. CommuniTake has no direct relationship with the individuals with whom our customers may interact using the Service. Any such individual seeking access to, or who would like to correct, amend, or delete data which may be stored in the Service should direct his/her query to the applicable CommuniTake customer acting as the “data controller” for such information.
12. International transfers of Personal Information. CommuniTake complies with transfer of data regulations as set forth by local privacy laws regarding the collection, use, retention ad transfer of Personal Information outside of Israel. You are responsible for compliance concerning data you process in any cloud service, even if you ask us to upload it to the any cloud service on your behalf.
13. Changes to this Policy. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of our Websites and the Service constitutes your agreement to be bound by such changes to this Policy. Your only remedy, if you do not accept the terms of this Policy, is to discontinue visiting our Websites and using the Service.
14. Customer Testimonials/Comments/Reviews. From time to time, we may post customer testimonials on our Websites which may contain Personal Information. We obtain the customers’ consent to post their names along with their testimonials.
15. Business Transactions. CommuniTake may assign or transfer this Policy, and your user account and related information and data, including any Personal Information, to any person or entity that acquires all or substantially all of the business, stock or assets of, or is merged with CommuniTake.
16. Governing Law. Our Service and Websites are controlled and operated by CommuniTake Technologies from Israel. This Policy shall be governed by and construed in accordance with the laws of Israel.
17. Contact Us. If you have questions regarding this Policy or about the privacy practices of CommuniTake, or to report a privacy concern, please contact us by email at email@example.com, or at:
CommuniTake Technologies, Inc.
Attn: Privacy Officer
Yokneam Star Building, High-Tech Park
Yokneam Israel 2069205
1.1. Your use of the CommuniTake Technologies Inc. ( “CommuniTake” “us,” “we,” or “our” ) website; www.communitake.com (together with the other websites we may own and control (the “Website” ) and our Services (as defined in Section 2.1.10 below) is subject to our terms and conditions of use (the “Terms”) set out below. By using the Website, and the Service, whether in connection with a paid subscription to the Service, free access to the Service, or through a free trial of the Service, you are agreeing, and you are signifying your agreement, to be bound by the Terms. If you do not accept the Terms, you should not use the Website.
1.2. You are solely responsible for ensuring that use of the Website and our Services to store and transmit your data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Website or our Services the information generated thereby is accurate or sufficient for your purposes.
2.1. When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:
2.1.1. Account. All CommuniTake accounts or instances created by you, whether through your Contract or otherwise.
2.1.2. Agent. An individual authorized to use the Service through your Account as an agent and/or administrator as identified through a unique login.
2.1.3. API. The application programming interfaces developed and enabled by CommuniTake that permits you to access certain functionality provided by the Service, including without limitation, the CommuniTake API that enables the interaction with a CommuniTake instance automatically or on-demand and the CommuniTake application development API that enables the integration of a CommuniTake instance with other web applications.
2.1.4. Confidential Information. All information disclosed by you to CommuniTake or by CommuniTake to you which is in tangible form and labelled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms; or (d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
2.1.5. Contract. Any agreement that may have been executed between CommuniTake and you that relates to the Service provided by CommuniTake to you.
2.1.6. Documentation. Any written or electronic documentation, images, video, text or sounds specifying the functionalities of the Service provided or made available by CommuniTake to You, Agents or End-Users through the Site or otherwise.
2.1.7. End-User: means any person or entity other than a subscriber or Agent with whom subscriber or its Agent interacts using the Service.
2.1.8. Form. Any CommuniTake generated service order form executed or approved by you with respect to your subscription to the Service, which may detail, among other things, the number of individuals or devices authorized to use the Service under your subscription to the Service and the Service Plan applicable to your subscription to the Service.
2.1.9. Other Services. Third party products, applications, services, software, products, networks, systems, directories, websites, databases and information which the Service links to, or which you may connect to or enable in conjunction with the Service, including, without limitation, certain Other Services which may be integrated directly into your CommuniTake Service.
2.1.10. Service. Any service provided by CommuniTake, including but not limited to the CommuniTake Total Care solution or its sub-components, the CommuniTake Enterprise Mobility solution or its sub-components, the Machine Care solution or its sub-components, the CommuniTake Intact solution or its sub-components, the CommuniTake InStore solution and any sub services / offerings that are derived from it as well as tools provided by CommuniTake, individually and collectively Software and APIs and any Documentation. Any new or modified features added to or augmenting the Service or updates or enhancements to the Service ( “Updates”) are also subject to these Terms and we reserve the right to deploy Updates at any time.
2.1.11. Service Plan. The service plan and the functionality and services associated therewith (as detailed on the Website and in your Contract) for which you subscribe.
2.1.12. Software. Software provided by CommuniTake (either by download or access through the internet) that allows you to use any functionality in connection with the Service.
2.1.13. Subscription Term. The period during which you have agreed to subscribe to the Service in accordance with your Contract.
2.1.14. You. “You” may also include any Agent or End-User, as well as any company, organization or other legal entity (the “Entities” ), authorized to use the Service through your Account. You are agreeing to these Terms on behalf of such individuals and Entities. You represent to CommuniTake that you have the authority to bind such Entity and its affiliates to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service. You are responsible for compliance with the provisions of these Terms by Agents, End Users and Entities and for any and all activities that occur under your Account, as well as for all your data.
2.1.15. Your Data. All electronic data, text, messages or other materials submitted to the Service by you in connection with your use of the Service.
3. CommuniTake Account.
3.1. Your CommuniTake Account (the “Account” ) whether in accordance with your Contract or otherwise, includes Agents and Entities permitted access under the Account. Access to and use of the Service is restricted to these Agents and Entities who will be identified by a unique username and password ( “Login” ) which may only be used by them and may not be disclosed to any third party.
3.2. The information you provide us regarding your Account, will be true, current and accurate information. You will update CommuniTake without any delay in order to maintain accurate and current information.
3.3. You agree to notify CommuniTake immediately if you become aware of any security breach in relation to your account.
3.4. You agree to be solely responsible for all activities with respect to your Account and password. CommuniTake will not be responsible for any damage that may occur if you fail to comply with these requirements.
3.5. If CommuniTake suspects you are violating our Terms, CommuniTake will have the exclusive right, without prior notice to you, to change your name, password and delete your information from our Service as well as deny you access to our Service.
4. Data Privacy and Security; Confidentiality.
4.2. Except as otherwise expressly permitted pursuant to these Terms, each of us may use each other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms and shall disclose such Confidential Information solely to those of our respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information.
5. License and Site Access.
5.1. During the Subscription Term and subject to your compliance with these Terms, CommuniTake grants you a limited license to access and make personal use of the CommuniTake Service consistent with the Service Plan you subscribe to.
5.2. Without limiting the foregoing, your right to access and use the API is also subject to the restrictions and policies implemented by CommuniTake from time to time with respect to the API as set forth in the Documentation or otherwise communicated to you in writing.
5.3. You are not granted any right and/or license, or ownership including any applications, software, codes, scripts, productions, source codes, photographs, graphics, images, illustrations, written content, logos, trade-marks, design copyright, trade mark and other intellectual property rights to any content, other than as explicitly set forth in these Terms. All such materials are the property of us or our partners and are protected by our copyrights or trademarks or those of our partners.
5.4. You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, in furtherance of your internal business purposes as expressly permitted by these Terms; (b) use the Service to process data on behalf of any third party; (c) modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or related systems or networks; (d) falsely imply any sponsorship or association with CommuniTake, (e) use the Service in any unlawful manner, including but not limited to violation of any person’s privacy rights; (f) use the Service to send unsolicited or unauthorized junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights; (h) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (i) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service; (j) use the Service to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libellous, obscene, or discriminatory; (k) use the Service to store or transmit any protected health information; (l) use the Service to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software ( “Malicious Software”); or (m) try to use, or use the Service in violation of these Terms.
6. Intellectual Property Rights.
Each of us shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights” ) The rights granted to you to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith. Subject only to limited rights to access and use the Service as expressly herein, all rights, title and interest in and to the Service and all hardware, software and other components of or used to provide the Service, including all related intellectual property rights, will remain with and belong exclusively to CommuniTake. CommuniTake shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback we receive from you. CommuniTake®, and CommuniTake’s other product and service names, and logos used or displayed on the Service are registered or unregistered trademarks of CommuniTake (collectively, “Marks” ), and you may only use such Marks to identify you as a subscriber; provided you do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent CommuniTake, its services or products.
7. Billing, plan modifications and payments.
7.1. Unless otherwise indicated in your Contract or Documentation and subject to Section 7.2, all charges associated with your access to and use of the Service (“Subscription Charges” ) are due in full upon commencement of your Subscription Term. If you fail to pay your Subscription Charges or charges for other services within five (5) business days of our notice to you that payment is due or delinquent, or if you do not update payment information upon our request, in addition to our other remedies, we may suspend or terminate your access to and use of the Service.
7.2. If you choose to upgrade your Service Plan or increase the number of authorized Agents or End Users during Your Subscription Term (“Subscription Upgrade” ), any incremental Subscription Charges associated with such Subscription Upgrade will be prorated over the remaining period of your then current Subscription Term, charged to your Account and due and payable upon implementation of such Subscription Upgrade. In any future Subscription Term, your Subscription Charges will reflect any such Subscription Upgrades.
7.3. No refunds or credits for Subscription Charges or other fees or payments will be provided to you if you elect to downgrade your Service Plan. Downgrading your Service Plan may cause loss of content, features, or capacity of the Service as available to you under your Account, and CommuniTake does not accept any liability for such loss. CommuniTake reserves the right to contact you about special pricing if you maintain an exceptionally high number of End Users, an unusually high monthly ticket ratio per agent, an unusually high level of open tickets, an exceptionally high number of devices, an exceptionally high number of collaborative support instances, an exceptionally high number of auto-repair instances, an exceptionally high number of dropped calls, an exceptionally high number of repair notifications or other excessive stress on the Service.
7.4. Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against CommuniTake based on its income. We will invoice you for such Taxes if we believe we have a legal obligation to do so and you agree to pay such Taxes if so invoiced.
7.5. If you pay by credit card, the Service provides an ability for the account owner to change credit card information (e.g. upon card renewal). The Account owner will receive a receipt upon each receipt of payment by CommuniTake, or they may obtain a receipt from within the Service to track subscription status.
8. Third party links and services.
8.1. Our Websites and Services may include hyperlinks to other websites that are not owned or controlled by CommuniTake. We have no control over, and are not responsible for these links nor their content policies, or websites. You acknowledge and agree that CommuniTake does not endorse these external websites or the material available from such websites or resources. You acknowledge and agree that CommuniTake is not liable for any loss or damages whatsoever caused by these websites. We recommend you read the terms and conditions of other websites that you access. If you decide to enable, access or use Other Services, be advised that your access and use of such Other Services is governed solely by the terms and conditions of such Other Services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such Other Services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such Other Services. You irrevocably waive any claim against CommuniTake with respect to such Other Services. CommuniTake is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such Other Services, or your reliance on the privacy practices, data security processes or other policies of such Other Services. You may be required to register for or log into such Other Services on their respective websites. By enabling any Other Services, you are expressly permitting CommuniTake to disclose your Login as well as your data as necessary to facilitate the use or enablement of such Other Service.
9. Cancellation termination and suspension of Account.
9.1. Either you or CommuniTake may elect to terminate your Account and subscription to the Service as of the end of your then current Subscription Term by providing notice, in accordance with these Terms, on or prior to the date thirty (30) days preceding the end of such Subscription Term. Unless your Account and subscription to the Service is so terminated, your subscription to the Service will renew for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to your subscription to the Service for any such subsequent Subscription Term shall be our standard Subscription Charges for the Service Plan to which you have subscribed as of the time such subsequent Subscription Term commences.
9.2. No refunds or credits for Subscription Charges or other fees or payments will be provided to you if you elect to terminate your subscription to the Service or cancel your Account prior to the end of your then effective Subscription Term. Following the termination or cancellation of your subscription to the Service and/or Account, we reserve the right to delete all your data in the normal course of operation. Your data cannot be recovered once your Account is cancelled.
9.3. If you terminate your subscription to the Service or cancel your Account prior to the end of your then effective Subscription Term or we effect such termination or cancellation pursuant to Section 9.1 or 9.5, in addition to other amounts you may owe CommuniTake, you must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term. This amount will not be payable by you in the event you terminate your subscription to the Service or cancel your Account as a result of a material breach of these Terms by CommuniTake, provided that you provide advance notice of such breach to CommuniTake and afford CommuniTake not less than thirty (30) days to reasonably cure such breach.
9.4. CommuniTake reserves the right, in CommuniTake’s reasonable discretion, to temporarily suspend your access to and use of the Service: (a) during planned downtime for upgrades and maintenance to the Service (of which CommuniTake will use commercially reasonable efforts to notify you in advance both through our forum page and a notice to your Account owner and agents) ( “Planned Downtime”); (b) during any unavailability caused by circumstances beyond our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond our reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks. We will use commercially reasonable efforts to schedule Planned Downtime for weekends (Central European Time) and other off-peak hours.
9.5. CommuniTake reserves the right to modify, suspend or terminate the Service (or any part thereof), your Account or your rights to access and use the Service, and remove, disable and discard any of your Data if we believe that you have violated these Terms; or (c) if we suspect or detect any Malicious Software connected to your Account or use of the Service by you. Unless legally prohibited from doing so, CommuniTake will use commercially reasonable efforts to contact you directly via email to notify you when taking any of the foregoing actions. CommuniTake shall not be liable to you or any other third party for any such modification, suspension or discontinuation of your rights to access and use the Service. Any suspected fraudulent, abusive, or illegal activity by you may be referred to law enforcement authorities at our sole discretion.
10. Disclaimer of Warranties.
10.1. THE SITE AND THE SERVICE, INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND COMMUNITAKE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT COMMUNITAKE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM COMMUNITAKE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
10.2. A high speed internet connection is required for proper transmission of the Service. You are responsible for procuring and maintaining the network connections that connect your network to the Service, including, but not limited to, “browser” software that supports protocols used by CommuniTake, including Secure Socket Layer (SSL) protocol or other protocols accepted by CommuniTake, and to follow procedures for accessing services that support such protocols. We are not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data, including your data, transmitted across computer networks, wireless networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by CommuniTake. We assume no responsibility for the reliability or performance of any connections as described in this section.
10.3. The product may include programs or code that are licensed under an Open Source Software ( “OSS”) license model. OSS programs and code are subject to the terms, conditions and obligations of the applicable OSS license, and are SPECIFICALLY EXCLUDED FROM ALL WARRANTY AND SUPPORT OBLIGATIONS DESCRIBED ELSEWHERE IN THIS AGREEMENT.
11. Limitation of Liability.
11.1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THESE TERMS, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY OR THIRD PARTY IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.
11.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, COMMUNITAKE’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OR OTHERWISE IN CONNECTION WITH ANY SUBSCRIPTION TO, OR USE OR EMPLOYMENT OF THE SERVICE, SHALL IN NO EVENT EXCEED THE SUBSCRIPTION CHARGES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION 11.2 IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE SUBSCRIPTION CHARGES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF COMMUNITAKE WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. COMMUNITAKE HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE YOU THE RIGHTS TO ACCESS AND USE THE SERVICE PROVIDED FOR IN THESE TERMS.
11.3. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, COMMUNITAKE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. Indemnification. You will indemnify and hold CommuniTake harmless against any claim brought by a third party against CommuniTake arising from or related to use of the Service by you, Agents or End Users in breach of these Terms or matters which you have expressly agreed to be responsible pursuant to these Terms.
13.1. Assignment. You may not, directly or indirectly, by operation of law or otherwise, assign all or any part of these Terms or your rights under these Terms or delegate performance of your duties under these Terms without CommuniTake’s prior consent, which consent will not be unreasonably withheld. We may, without your consent, assign our agreement with you to any affiliate or in connection with any merger or change of control of CommuniTake or the sale of all or substantially all of our assets provided that any such successor agrees to fulfil its obligations pursuant to these Terms. Subject to the foregoing restrictions, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.
13.2. Entire Agreement. These Terms, together with your Contract, constitute the entire agreement, and supersede any and all prior agreements between you and CommuniTake with regard to the subject matter hereof. We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. Your continued use of the Service following the effective date of any such amendment may be relied upon by CommuniTake as your consent to any such amendment. CommuniTake’s failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Terms.
13.3. Severability. If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
13.4. Relationship of the Parties. The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.
13.5. Survival. Sections 1, 2, 4, 6 and 10-14 shall survive any termination of our agreement with respect to your use of the Service. Termination of such agreement shall not limit your or CommuniTake’s liability for obligations accrued as of or prior to such termination or for any breach of these Terms.
13.6. Notice. All notices to be provided by CommuniTake to you under these Terms may be delivered in writing (i) by nationally recognized overnight delivery service (“Courier”) to the contact mailing address provided by you in your Contract or on any Form; or (ii) electronic mail to the electronic mail address provided for your Account owner. You must give notice to us in writing by Courier or Israel Mail to the following address: CommuniTake Technologies, Inc., Attn: Legal Department, Yokneam Star Building, High-Tech Park, Yokneam Israel 2069205. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.
13.7. Governing Law. These Terms shall be governed by the laws of Israel without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of Israel, for the purpose of resolving any dispute relating to the Terms or access to or use of the Service by you.