Service Level Agreement
By entering, connecting to, accessing or using the Site and/or the Account and/or using any of the Products and Services, you acknowledge that you have read and understood the following provisions of this Service Level Availability ("SLA") and you agree to be bound by them and to comply with all such provisions regarding your use of the Site, Account and the Products and Services and you acknowledge and agree that this SLA constitutes a binding and enforceable legal contract between Kamatera and you.
IF YOU DO NOT AGREE TO THIS SLA, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE, ACCOUNT AND/OR ANY OF THE PRODUCTS AND SERVICES.
Customer is fully aware and acknowledges that although the Products and Services are operational and available to at least 99.9% of the time, there is still a portion of the Products and Services, for various and multiple reasons, that may not be provided free and clear of interruptions and underperformance, at all times.
1. Definitions. The following definitions shall apply to this SLA:
A."Service Year" means a 12 month period during which Kamatera provided the Customer with the relevant SLA Service.
B."99.9%" means a potential unavailability of each of the SLA Services for an aggregate period of 8 hours per each Service Year.
3. Refund Amount
In the event that Kamatera fails to meet such guarantee for service availability as set forth in Section 2 above hereto, Kamatera shall consider, at its sole and absolute discretion and as an act of good faith, to refund or credit the Customer with the lower of (a) US$5000 or (b) an amount equal to one month of billing.
4. Service Level Refund Eligibility
In order for the Customer to be eligible to receive any refund under this SLA, the Customer should act and comply as follows:
A. Submit Kamatera's customer support with a written claim regarding any incident of which it is believed that refund is applicable (the "Claim"). The Claim must be submitted within 14 days as of the occurrence of such incident.
B.Customer must provide Kamatera's customer support with all relevant details regarding the Claim, including, without limitation, detailed description of the incident(s), duration of incident, the affected storage account(s) and any attempts made by Customer to resolve the incident.
C.Kamatera will examine and dedicate each Claim with the utmost care. In any case of which Kamatera using its sole and exclusive discretion will accept the Customer's Claim, then the relevant refund will be provided, subject to the provisions of this SLA.
5. Exclusions to SLA
Customer shall NOT receive any refund or credit under this SLA in connection with any failure of Kamatera to provide the SLA Service caused by:
A. Circumstances beyond Kamatera’s control, including, without limitation, acts of Force Majeure (as defined below), acts or omissions of a third party not engaged or authorized by Kamatera.
B. Unavailability, interruption or delay in telecommunications outside of Kamatera’s control.
C. Failure or delay of third party services or software.
D. Backup corrupted file.
E. Customer's failure to comply with any of Kamatera's recommendations and/or guidance regarding issues concerning the SLA Services and/or to conduct, in accordance with Kamatera's recommendations and/or guidance, improvements and/or updates in Customer's resources, including, without limitation, to Customer's system, hardware and software.
F. Usage patterns or traffic that exceeds the reasonable performance parameters of Customers specific installation.
G. Downtime caused by scheduled maintenance, when at least 7 days prior notice is provided by Kamatera.
H. Downtime caused by any outage or stoppage of network connectivity or infrastructure.
I. Downtime caused by emergency maintenance, when at least 24 hours’ notice is provided by Kamatera.
J. DNS issues outside the direct control of Kamatera.
K. False SLA breaches reported as a result of outages or errors of any Kamatera measurement system.
L. Customer’s act or omission, including, without limitation, any negligence, willful misconduct, or use of the SLA Services in breach of the Terms and/or any applicable law.
M. At Kamatera's sole discretion and for any reason.
Without derogating from the above, Kamatera shall only offer service level refund or credit in case of underperformance from Kamatera's part only, in accordance with the terms and conditions of the Terms and this SLA, and shall neither be liable nor offer any refund or credit, in any case of underperformance of any third party, including, without limitation, factors outside of reasonable control, avoidance to implement Kamatera's instructions and modifications and acts or omissions of the Customer or any of customer's employees, agents, contractors, vendors or anyone else on behalf of the Customer.
Without derogating from the above and for the removal of any doubt, this SLA does not cover any unavailability, partial availability, inapplicability and/or malfunction of the SLA Services, derived and/or resulted by any actions, omissions or malfunctions of third parties, including without limitation, any network and communication suppliers, infrastructure suppliers, cloud services suppliers and hardware suppliers.
This SLA and any of the provisions hereto shall cease to be valid and shall immediately expire if such provisions are contrary to the provisions Kamatera is bound by under those SLA's executed by Kamatera and any of Kamatera’s providers.
To remove any doubt AND NOTWITHSTANDING ANY OF THE ABOVE, Kamatera reserves the right to reject any CLAIM FOR refund OR CREDIT to the Customer under this SLA, at Kamatera's sole discretion and for any reason.
6. Force Majeure
Neither party shall in any event be held liable with respect to the other party or to others for losses or damages caused by non-performance, or a delay in the performance, of their obligations under this SLA, to the extent that the same resulted from circumstances amounting to force majeure, including, inter alia, strikes, riots, fires, floods, war, terror attacks, hurricanes, earthquakes, windstorms, acts of God and acts of the state or of public authorities, or other causes beyond the reasonable control of the party affected thereby.
A. The laws of the State of Israel, shall apply to the SLA and the sole and exclusive place of jurisdiction in any matter arising out of or in connection with the SLA shall be the competent courts of Tel Aviv-Jaffa.
B. No failure, delay of forbearance of either party in exercising any power or right hereunder shall in any way restrict or diminish such party's rights and powers under the SLA, or operate as a waiver of any breach or nonperformance by either party of any terms of conditions hereof.
C. Customer may not assign or delegate any of its rights, duties or undertakings under the SLA to any third party without the express prior written consent of Kamatera, and any unauthorized assignment or delegation shall be null and void. Kamatera may assign the SLA without the need for any consent but the notification to the Customer.
D. In the event it shall be determined under any applicable law that a certain provision set forth in the SLA is invalid or unenforceable, such determination shall not affect the remaining provisions of the SLA.
E. The preamble to the SLA constitutes an integral and indivisible part hereof.
Acceptable Usage Policy
This Acceptable Use Policy (as amended, modified or supplemented from time to time as set forth on Kamatera’s website, this “AUP”) of Kamatera and its affiliates . (“Kamatera”), is designed to protect Kamatera's customers, users of Kamatera’s website, Kamatera's Products and Services and to ensure further compliance with all relevant laws and regulations.
IF YOU DO NOT AGREE TO THIS AUP, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE AND/OR ANY OF THE PRODUCTS AND SERVICES.
This AUP applies to each Customer that subscribes for the Products and Services.
By using the Products and Services, Customers are, and shall remain, responsible for complying with the provisions of this AUP and for any violation that are or may be attributed to their customers and users, whether authorized or not by the Customer or by Kamatera. Customers must take all reasonable steps to ensure that their customers and users will comply with this AUP.
This AUP does not (a) obligate Kamatera to monitor, review, or police the data and/or content and/or information residing on the Kamatera's servers and/or are managed by the Customer under his/her/its Account; or (b) create any obligation or duty of Kamatera to any party that is not a Customer. It is an obligation of the Customer to notify Kamatera of any violations of law or breach of this AUP.
KAMATERA EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY BY KAMATERA, TEMPORARILY OR PERMANENTLY STORED ON ANY SERVER OF KAMATERA OR THE BY USING THE ACCOUNT AND FOR THE ACTIONS OR OMISSION OF CUSTOMERS AND/OR ANY OF THEIR CUSTOMERS AND USERS.
In addition to any other actions it may take under this AUP, Kamatera reserves the right to cooperate fully with any criminal investigation of data, information or content located on Kamatera's servers and/or as been used for criminal purposes by using the Products and Services.
Customers’ Security and Confidentiality Obligations
Customer is responsible for: (a) use reasonable care to ensure the security of their Account; (b) maintaining the confidentiality of her/his/its password account; (c) ensuring that all activities that occur in connection with the Account comply with the Terms, this AUP and Applicable Laws. Customer acknowledges and agrees that Kamatera is not responsible for the internal management or administration of her/his/its Account and any of the data, content and information stored thereby.
A Customer is solely responsible for any intrusions into, or security breaches of, any of its Accounts, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by the Customer from Kamatera.
A. Customers shall not allow the posting, transmission, or storage of data or content on or through the Account and/or the Products and Services which, in Kamatera’s sole determination, constitutes a violation of any federal, state, local or international law, regulation, ordinance, court order or other legal process (“Applicable Laws”). Customers shall be responsible for determining which Applicable Laws are applicable to their use of the Products and Services. Prohibited content includes, without limitation: (a) data, information, content or code that facilitates any violation of, or describes ways to violate this AUP or Applicable Laws; or (b) “harvested” addresses or information; or (c) “phishing” websites; or (d) “spamvertising” sites.
B. Customers may not transmit, distribute, download, copy, cache, host, or otherwise store on their Account any information; data, material, or work that infringes the intellectual property rights of others or violates any trade secret right of any other person. Kamatera has the exclusive and absolute right to disable access to, or remove, infringing content to the extent required under any law or regulation, including, without limitation, the Digital Millennium Copyright Act of 1998.
C. Customers may not use their Account and/or the Products and Services to (i) send unsolicited bulk messages over the Internet (i.e., “spamming”), (ii) create fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites (i.e., “splogs”), or (iii) send spam to weblog sites or automatically post random comments or promotions for commercial services to weblogs (i.e., “spamming blogs”). Users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003. Mass Mailings – Customers may not send mass unsolicited e-mail, which is email that is sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from the Customer. Customers who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to Kamatera upon its request. If a Customer cannot provide positive and verifiable proof of such consents and opt-ins, Kamatera will consider the mass mailing to be unsolicited.
Mailing Lists – Customer are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up and agreed for e-mail information using a Confirmed Opt-In or Closed-Loop Opt-In process or that has made their e-mail addresses available to a Customer for distribution of information. Customers who operate mailing lists must maintain complete and accurate records of all consents and Confirmed Opt-In or Closed-Loop Opt-In elections and provide such records to Kamatera upon its request. If a Customer cannot provide positive and verifiable proof of such consents and Confirmed Opt-In or Closed-Loop Opt-In elections, Kamatera will consider the list mailing to be unsolicited. Any Customer maintained mailing list must also allow any party on the list to remove itself automatically and permanently.
D. Without derogating from anything detailed hereto in this AUP, Customer hereby undertakes that he/she/it will not act in any of the following manners:
- Forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses, to conceal or misidentify the origin of a message.
- Creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks.
- Hacking, and/or subverting, or assisting others in subverting, the security or integrity of Kamatera's products or systems.
- Soliciting the performance of any illegal activity, even if the activity itself is not performed.
- Threatening bodily harm, or encouraging bodily harm or property destruction.
- Harassing another, or encouraging harassing behavior.
- Engaging in outright fraud, or using services to engage in scams like pyramid schemes.
- Collecting personal information about others without their knowledge or consent.
- Instructing others in prohibited activities.
- Using services to disseminate or display images classified under U.S. law as child pornography, child erotica (regardless of literary or artistic merit) and/or bestiality; and/or
- Acting in any manner that might subject Kamatera to unfavorable regulatory action, subject us to any liability for any reason, or adversely affect Kamatera’s public image, reputation or goodwill, as determined by us in our sole and exclusive discretion.
- Creating fake weblog or weblogs which are intended or reasonably likely to promote the author’s affiliated websites or to increase the search engine rankings of associated sites.
- Sending spam to weblog sites or automatically posting random comments or promotions for commercial services to weblogs.
- Conduct an intellectual property and/or copyright infringement of either Kamatera's or any other third party, including, without limitation, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
- Executing any form of network activity that will intercept data not intended for the Customer's server.
- Evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks.
- Interfering with or denying service to any user, host, or network other than the Customer's host, such as a denial of service attack or distributed denial of service attack.
- Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information.
- Soliciting the performance of any illegal activity, even if the activity is not performed.
- Using any program, or sending messages of any kind, designed to interfere with or disable a user's terminal session.
- Use of Kamatera Network for the receipt of replies to unsolicited mass e-mail.
- Forgery of e-mail headers (“spoofing”).
- Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.
- Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.
- Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”).
- Hosting web pages or providing services that support spam.
- Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop- up messages, instant messages, or SMS messages.
- Use infrastructure for mining cryptocurrency or use servers CPU consumption above normal usage for great period of time.
- Instructing others in any activity prohibited by this AUP and/or Applicable Laws.
- A Customer shall not use IP addresses that were not assigned to it by Kamatera. Kamatera reserves the right to suspend the network access of any server utilizing IP addresses outside of the assigned range.
- Customers may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet and DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. Harassing or abusive IRC activity is expressly prohibited under the AUP, including (i) disruption or denial of service or (ii) the use or joining of “botnets” or the use of IRC BNC’s or other proxy and re-direction software. If a Customer’s IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or denies service to other Customers or users, Kamatera may null-route, filter, suspend, or terminate that Customer’s service.
- Multiple account ownership is prohibited in the platform (in either specific brand or across multiple partners or affiliates).
To remove any doubt, all of Customer's activities and operations are and will remain in accordance with any law, not abusive to any audience and not harmful to any third party, and at all times avoid deceptive, misleading, or unethical practices which are or might be detrimental to Kamatera or any third party. The User hereby agrees and undertakes that the Services provided by Kamatera will never be used by User and/or any third party for activities that contain content that is: defamatory; and/or obscene; and/or libelous; and/or discriminatory; and/or offensive; and/or deceptive; and/or abusive - Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; and/or violence including promotes, encourages or engages in terrorism, violence against people, animals, or property; and/or child pornography and pedophilia including without limitation, any content that promotes, encourages or engages in the exploitation of children; and/or prescription medication - promotes, encourages or engages in the sale or distribution; and/or unlicensed or unregulated, by law, gambling related; and/or unlawful or promotes or encourages illegal activity.
Additional Restrictions and Prohibited Activities
In addition to any of the prohibited activities set forth and detailed in this AUP and without derogating anything to the contrary, the Customer hereby agrees and undertakes that he/she/it will not (a) save multiple copies of identical and/or essentially similar files; (b) use the Products and Services or any of Kamatera's servers for back-up purposes; and/or (c) use the Products and Services for simultaneously transmitting files to a high volume of users (megauploading), and specifically while using the Cloud File Server service; (d) storing on Cloud File Server service an average of above 1TiB of storage per active user.
A. Customer shall apply for and obtain any and all licenses permits and other authorizations needed to fulfill its obligations under the Terms, this AUP and any Applicable Laws.
B. Customer agrees and undertakes that all contents and activities conducted via the Account and/or the Products and Services are on Customer's sole responsibility. Nevertheless, Customer is hereby acknowledges that although Kamatera does not pre-screen the content that is used by Customer via the Account and/or the Products and Services, Kamatera has the right, but not the obligation, in its sole discretion to remove or refuse to provide the Products and Services, in any case of abusive content or pursuant to any demand of any legal authority, without compensation of any kind, whether financial or otherwise toward the Customer. Customer agrees that he/she/it must evaluate, and bear all risks associated with, the use of any of its content and activities.
C. Customer shall at all times comply with all laws, regulations, orders, decrees, rulings and judgments applicable, practices and procedures while performing its obligations hereunder.
D. Customer warrants that its engagement with Kamatera for the Products and Services does not require the consent of any person or entity. User hereby warrants and undertakes that, at all times during the Term of engagement with Kamatera, all of Customer's software, hardware, codes, algorithms, developments and/or otherwise ("Technological Resources"), that is being used by Customer, is whether lawfully licensed to Customer by third parties and/or self-developed by Customer, and in any way is being used by the Customer in accordance with this AUP and any law. For the avoidance of any doubt, Kamatera has the right, but not the obligation, in its sole discretion to remove or refuse to provide the Products and Services in any case of unlawful use of Technological Resources, without compensation of any kind, whether financial or otherwise toward the Customer. User agrees that it must evaluate, and bear all risks associated with, the use of any of its content and activities.
E. Customer shall refrain from making any representations, warranties, or guarantees to the any other third parties with respect to the specifications, features or capabilities of the Products and Services provided by Kamatera that are inconsistent with the literature, protocols, trainings, explanations and covenants provided by the Kamatera in writing to the Customer.
Customers will promptly cooperate and comply with any civil or criminal investigation regarding use of their Account and/or the Products and Services, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court, government entity or regulatory agency (each an “Investigation”). Kamatera may, upon its sole and absolute discretion, charge a Customer or any person seeking compliance with an Investigation for the reasonable costs and expenses associated with Kamatera’s compliance with any such Investigation. Kamatera reserves the right to comply with any Investigation without any notice to a Customer. Kamatera reserves the right to disclose information relating to Customers and their use of their Account and/or the Products and Services or information transmitted, owned by or stored by or on behalf of any Customer, if such information is disclosed in connection with an Investigation or in order to prevent the death of or bodily harm to any individual, as determined by Kamatera in its sole discretion.
Consequences of Violations of This AUP
A. Kamatera may enforce this AUP, with or without any notice to a Customer, by any action it deems necessary, in its sole and absolute discretion, such that it may, including, without limitation:
- Suspend or terminate Customer’s Account.
- Suspend or terminate Customer’s access to the Products and Services.
- Remove DNS records from servers.
- Block mail or any other network service.
- Effect IP address null routing.
- Bill the Customer for administrative costs and/or reactivation charges.
- Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations.
- Take any legal action against a Customer to enforce compliance with this AUP and/or any Applicable Laws.
B. If any Customer uses the Products and Services in a manner that causes or may cause Kamatera to be “blacklisted” or blocked, Kamatera reserves the exclusive and absolute right to suspend permanently or terminate the Products and Services of such Customer.
C. Block Removal – If, as a result of a Customer’s actions, Kamatera’s mail servers or IP address ranges are placed on black hole lists or other mail filtering software systems, Kamatera shall charge Customer $100 upfront and $100 per hour thereafter for any necessary remedial actions.
D. Any of the remedial actions set forth in the Terms and/or in this AUP shall not be construed in any way to limit the actions or remedies that Kamatera may take to enforce and ensure compliance with this AUP and/or Applicable Laws. Kamatera reserves the right to recover any and all expenses, and apply any reasonable charges, in connection with a Customer’s violation of this AUP. No refund or service credits will be issued for any interruption in service resulting from violations of this AUP. Kamatera reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP, with such investigation to include accessing of data and records on, or associated with, any server and/or Account.
If there is a violation of this AUP, please direct the information to Kamatera 's abuse team at firstname.lastname@example.org
If available, please provide the following information:
- The IP address used to commit the alleged violation.
- The date and time of the alleged violation, including the time zone or offset from GMT.
- Evidence of the alleged violation.
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.
Kamatera and its affiliates (“Kamatera", "we", "our", "Company") welcome you (the "Customer(s)", or "you") to our website at www.kamatera.com (the “Site”). Our Site offers basic information regarding the Company, technology and services. In addition Customers with log-in user name and password can access our web based Products and Services (as defined below) through our Site. Each of the Site's Customers may use it in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE AND/OR ANY OF THE PRODUCTS AND SERVICES.
2. The Site
The Site provides comprehensive information regarding Kamatera, the Products and Services and resources such as Q&A, and may include any other content related thereto such as contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (collectively, the “Content”).
THE CONTENT ON THE SITE, INCLUDING ANY INFORMATION, MATERIALS AND DATA, IS MADE AVAILABLE FOR PERSONAL USE ONLY.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO KAMATERA. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN "AS IS" BASIS. KAMATERA WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICES AND/OR THE CONTENT AVAILABLE THEREIN.
YOUR USE OF THE SITE AND/OR THE CONTENT AND/OR THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
3. The Products and Services
4. Registration and Customer Account
You do not need to have an account in order to use the Site. However, in order to access the Products and Services through the Site you must have an account with log-in credentials.
In order to use the Products and Services, you must register and create an account (the “Account“). Registration can be done by completing the sign-up and registration process in the Site which requires you to provide the Company your full name, e-mail address, user name, password or any other information as Kamatera may deem fit from time to time. Registration may also be done by submitting the Company with a signed Order From.
Your Account is password protected. In order to protect the security of your personal information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.
You are solely and fully responsible for maintaining the confidentiality of the password and Account and for all activities that occur under your Account. If we in good faith believe you have created an Account impersonating another person such Account may expose you to civil and/or criminal liability.
You may not assign or transfer your rights or delegate your obligations under the Account without the prior written consent of Kamatera. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events you must change your password immediately via the settings in the Site or contact our technical support. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security.
If you wish to either change your username or password to log-in to the Products and Services, or cancel and remove your Account, please send us an e-mail of your request to: email@example.com.
CANCELLING YOUR ACCOUNT, FOR ANY REASON, MAY CAUSE THE LOSS OF CERTAIN INFORMATION AND DATA THAT WERE STORED IN YOUR ACCOUNT AND/OR INFORMATION YOU PROVIDED US. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
The Customer(s) shall pay the Company with such Fees detailed and set forth in the Site and/or the Order Form available at: www.kamatera.com. The payment for the Fees shall be available only by credit card or standing order. We may add or change payment methods at our sole discretion. If charges are processed in a currency which is not the same currency as published, the conversion rate of the first invoice will be defined as the minimum conversion rate of all future invoices.
All Israeli local based Customer(s) will be charged in local ILS currency at a conversion rate of ₪3.72 ILS to $1.00 USD plus applicable local Israel Value-Added Tax.
Products and Services are billed automatically on a monthly recurring basis. If you were approved for a free trial or any promotional offers, you are hereby notified that upon expiration date of such trial or promotion your services will be deemed chargeable unless you terminate all active servers or services from your account.
From time to time, due to (i) change of prices which are unrelated to Kamatera, such as, change in tax rates, electricity rates, third parties' licensing rates and/or otherwise, and/or (ii) any reason at Kamatera's sole discretion, Kamatera expressly reserves the right to change and modify its prices and fees at any time, and such changes or modifications shall be posted to Customer contact details and effective immediately without need for further notice to the Customer. To remove any doubt, in the event that the Customer have purchased or obtained Products and Services for a long term, such as a period of months or years, changes or modifications in prices and fees shall be effective immediately upon Kamatera's decision of such changes.
In the event that a separately negotiated agreement by both parties (You and Us), and confirmed by separate written agreement, the initial and recurring Fees for the Services selected by You shall be as provided in the initial on-line order form. All set-up fees and special programming fees are non-refundable. Fees for Services are payable in advance. Failure to make payment of Fees for Services when due may result in the suspension or termination of Services.
Customer shall also pay to Kamatera all expenses incurred by Kamatera in exercising any of its rights under the Terms or applicable law with respect to the collection of a payment default, including attorneys' fees, court costs and collection agency fees.
All prices and fees are non-refundable unless otherwise expressly noted, even if the Products and Services are suspended or terminated prior to the end of the Products and Services term.
Notwithstanding anything contrary, failure to pay any of the Customer's fees is a material breach by the Customer of these Terms. For the avoidance of any doubt, Kamatera will not provide the Customer with any Products and Services until the full and final payment of any unsettled or unpaid Fees.
7. Intellectual Property Rights
The Site, the Products and Services, the Content and the Company's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
The Terms do not convey to you an interest in or to the Company Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
8. Trademarks and Trade names
“Kamatera” Kamatera™, Kamatera’s marks and logos and all other proprietary identifiers used by the Company in connection with the Services (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site and/or the Services belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or Third Party Marks and therefore you will avoid using any of those marks.
9. Links to Third Party Sites
10. Usage Rules
Your use of the Site and/or the Products and Services is subject to Kamatera’s standard acceptable usage policy ("AUP"), as in effect and available at: www.kamatera.com and subject to all changes, modifications and replacements as Kamatera may effect from time to time. You undertake to comply with all the provisions of the AUP.
11. Special provisions relating to Third Party Components
The Site and/or the Products and Services may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with, the Products and Services is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Site and/or the Products and Services and Kamatera disclaims all liability related thereto. You acknowledge that Kamatera is not the author, owner or licensor of any Third Party Components, and that Kamatera makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components.
12. Products and Services Availability
The Products and Services' availability and functionality depend on various factors, and such are subject to Kamatera's Service Level Agreement ("SLA") available at: www.kamatera.com as such may be changed or modified by Kamatera from time to time.
Kamatera does not warrant or guarantee that the Products and Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free, all subject and pursuant to the SLA.
13. Changes to The Site and Products and Services
KAMATERA HAS THE EXCLUSIVE RIGHT TO AMEND, ALTER, MODIFY, CORRECT, IMPROVE, MAKE ANY CHANGES, REPLACE, SUSPEND, DISCONTINUE, TEMPORARILY OR PERMANENTLY, FROM TIME TO TIME, IN ITS SOLE DISCRETION, ALL OR ANY PORTION OF THE SITE AND/OR THE PRODUCTS AND SERVICES.
14. Disclaimer of Warranties
SUBJECT TO THE SLA, WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE AND/OR THE ACCOUNT AND/OR THE PRODUCT AND SERVICES IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT KAMATERA WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE AND/OR SERVICES, (III) MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR THE ACCOUNT AND/OR THE PRODUCTS AND SERVICES AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE AND/OR ACCOUNT AND/OR PRODUCTS AND SERVICES. KAMATERA AND KAMATERA'S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR THE ACCOUNT AND/OR THE PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE AND/OR THE ACCOUNT AND/OR THE PRODUCTS AND SERVICES, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE SITE AND/OR THE ACCOUNT AND/OR THE PRODUCTS AND SERVICES.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN KAMATERA.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT USE OF THE SITE AND/OR THE ACCOUNT AND/OR THE PRODUCTS AND SERVICES IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
15. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL KAMATERA, INCLUDING KAMATERA'S REPRESENTATIVES BE LIABLE FOR (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE PRODUCTS AND SERVICES BY THE CUSTOMER OR ANY THIRD PARTIES OR ANY FAILURE OF THE PRODUCTS AND SERVICES; OR (ii) ANY LOSS OF DATA OR CORRUPTION OF DATA, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS, FAILURE OF KAMATERA, RECLAIMATION OF SERVERS BY KAMATERA, FAILURE OF SERVERS, THE RELOADING OF AN OPERATING SYSTEM OR OTHER SOFTWARE ON A SERVER OR THE NEGLIGENCE OF KAMATERA. CUSTOMER IS SOLELY RESPONSIBLE FOR SAFEGUARDING, BACKING UP AND ARCHIVING ALL DATA OWNED, CONTROLLED OR TRANSMITTED BY CUSTOMER THAT RESIDES WITH KAMATERA OR ON ANY SERVER OWNED OR OPERATED BY KAMATERA.
IN NO EVENT SHALL KAMATERA’S AGGREGATE LIABILITY FOR ANY CLAIM UNDER THESE TERMS AND THE SLA SHALL EXCEED THE LOWER OF (I) US$5,000; OR (II) THE AGGREGATE AMOUNT ACTUALLY PAID BY CUSTOMER TO KAMATERA IN THE 12 MONTHS PRECEDING SUCH CLAIM.
KAMATERA PROVIDES ALL PRODUCTS AND SERVICES “AS IS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE PRODUCTS AND SERVICES FOR THE CUSTOMER'S NEEDS AND KAMATERA SHALL HAVE NO LIABILITY THEREFORE.
NO CLAIM MAY BE ASSERTED BY CUSTOMER AGAINST KAMATERA MORE THAN TWO (2) YEARS FOLLOWING THE DATE OF THE EVENT THAT UNDERLIES ANY SUCH CLAIM.
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE RECEIPT OF A SERVICE CREDIT AS PROVIDED FOR IN THE SLA CONSTITUTES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY, ANDNOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN AND SUBJECT TO THE SLA, KAMATERA SHALL NEITHER COMPENSATE THE CUSTOMER NOR BECOME LIABLE TO THE CUSTOMER IN ANY CASE OF WHICH, INCLUDING, WITHOUT LIUMITATION (1) INSUFFICIENT HARD DISK SPACE ON THE SERVERS; (2) FIREWALL MALEFUNCTIONS; AND (3) DENIAL-OF-SERVICE ATTACK (DOS ATTACK) OR DISTRIBUTED DENIAL-OF-SERVICE ATTACK (DDOS ATTACK).
YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM KAMATERA'S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
16. Backup Assurance Policy.
Any backups to Customer's data are not, and cannot be, guaranteed by Kamatera. Kamatera explicitly encourages the Customer(s) to run, on their own or by third parties which are not Kamatera, periodic backups of their data. To remove any doubt, as a customer you are responsible for backing up your data on your own or any other off-site location.
Kamatera assumes no responsibility for failed backups, lost data, or data integrity. If any of your data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your Account pursuant to these Terms and/or the AUP, Kamatera will have no obligation or liability to you.
You agree to defend, indemnify and hold harmless Kamatera and Kamatera representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or the Account and/or the Products and Services and/or Content; (ii) your violation of any of these Terms, the AUP and/or any applicable law; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party with respect to your use of the Products and Services; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or the Account and/or the Products and Services. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
18. Amendments to the Terms
19. Termination or Suspension of your Account
These Terms shall remain in effect until terminated as set forth herein.
The term detailed in either of the Order Form and/or the sign-up and registration page within the Site (the "Term") is deemed to have commenced as of the date of Customer's registration, and shall terminate upon a 30 days advance written notice by either party (the "Notice Period"). Customer agrees and confirms that notwithstanding the above, termination by Customer is not applicable during a monthly billing cycle but rather such termination by the Customer shall come into effect by the end of the applicable monthly billing cycle.
For the avoidance of any doubt, in case of termination of the Products and Services pursuant to this Section 19, for any reason, the Customer shall:
i. Bear the sole and entire responsibility for the transfer of all of Customer's materials and data from Kamatera to a new entity as instructed by the Customer; and
ii. Immediately pay to Kamatera any all unpaid fees.
Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
Additionally, Kamatera may at any times, at its sole and absolute discretion, cease the operation of the Products and Services or any part thereof, temporarily or permanently. You agree and acknowledge that Kamatera does not assume any responsibility with respect to, or in connection with the termination of the Site's and/or Account's and/or Products and Services' operation and loss of any data.
(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the Site and/or the Products and Services contained therein will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles, (c) any dispute arising out of or related to the Site and/or the Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Kamatera may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE AND/OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Kamatera, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
21. For information, questions or notification of errors, please contact:
If you have any questions (or comments) or clarifications concerning the Terms and/or the Products and Services, you are most welcome to send us an e-mail and we will make an effort to reply within a reasonable timeframe: firstname.lastname@example.org.
This privacy notice explains how Kamatera and its affiliates ("Company") collect, use, store and share Personal Data (as defined below) in relation to Company's websites, products, services, and experiences (together, the “Services”).
1.1. This Privacy Notice ("PN") is in effect as of the date set forth below.
1.2. You ("User") are not under any legal obligation to submit Personal Data to Company. However, in case User chooses not to submit Personal Data to Company, User may not be able to become a User and/or use certain Services.
1.3. Company may change this PN from time to time, therefore User should check back periodically. Company will post any changes to this PN on its websites (the "Site"). If Company makes any changes to this PN that materially affect Company's practices with regard to the Personal Data Company previously collected from User, Company will endeavor to provide User with notice in advance of such change by highlighting the change on the Site. Company will seek User's prior consent to any material changes, if and where this is required by Applicable Data Protection Laws (as defined below).
1.5. For the purposes of (i) the General Data Protection Regulation (2016/679) (“GDPR”), including any subordinate or implementing legislation, (ii) the EU-US Privacy Shield (“Privacy Shield”), and (iii) the California Consumer Privacy Act of 2018, Cal. Civ. Code 1798.100 et seq. (“CCPA”), as applicable (collectively, the “Applicable Data Protection Laws“), Company is acting as a processor/service provider, and User is acting as the controller/business, as applicable.
1.6. For the purpose of this PN "Personal Data" shall mean personal data or personal information, as applicable in the Applicable Data Protection Law, or any other applicable data protection laws.
2. Personal Data collected by the Company.
2.1. Information provided by User.
Company collects any data User provides Company with, including but not limited to:
2.1.1. User's contact details (e.g. name, postal address, email address, phone number);
2.1.2. User's payment information (e.g. credit card and bank account information);
2.1.3. User password and other authentication and security credential information;
2.1.4. Any communication between User and the Company, e.g. emails, phone conversations, chat sessions.
2.2. Information collected automatically.
Company automatically collects data when User visits, interacts with, or uses the Services, including but not limited to:
2.2.1. identifiers and information contained in cookies;
2.2.2. User's settings preferences, backup information;
2.2.3. Uniform Resource Locators (URL) clickstream to, through, and from Company's website and Services;
2.2.4. content User viewed or searched for, page response times, and page interaction information (such as scrolling, clicks, and mouse-overs);
2.2.5. network and connection information, such as the Internet protocol (IP) address and information about User's Internet service provider;
2.2.6. computer and device information, such as browser type and version, operating system, or time zone setting; the location of device;
3. Company's Use of Personal Data.
3.1. The Company processes User's Personal Data to operate, provide, and improve the Services, including but not limited to:
3.1.1. creating and managing User profiles;
3.1.2. contacting User by the Company and communicating with User with respect to the Services, e.g. by phone, email, chat; responding inquiries from User;
3.1.3. informing User about updates or offers;
3.1.4. personalizing the Services, i.e. identifying User's interests and recommending offers that might be of interest to User;
3.1.5. marketing and promoting Company's Services;
3.1.6. providing assistance and support;
3.1.7. fulfilling User requests; meeting contractual or legal obligations;
3.1.8. protecting Users security, e.g. preventing and detecting fraud;
3.1.9. internal purposes, e.g. trouble shooting, data analysis, testing and statistical purposes.
3.2. The Company may ask for User's consent to use User's personal data for a specific purpose which will be provided to User.
3.3. The Company does not use any Personal Data other than as necessary to execute the Services.
4.1. The Company uses tracking mechanisms such as cookies in order to provide the Services.
4.3. The Company uses Google Analytics. Please click on www.google.com/policies/privacy/partners/ in order to find out how Google Analytics collects and processes data.
4.4. THE COMPANY USES FACEBOOK PIXELS. WITH RESPECT TO THE COMPANY'S USE OF FACEBOOK PIXELS PLEASE NOTE THE FOLLOWING:
4.4.2. USER CAN OPT-OUT OF THE COLLECTION AND USE OF INFORMATION FOR AD TARGETING.
4.4.3. A MECHANISM FOR EXERCISING SUCH OPT-OUT CHOICE CAN BE FOUND AT: email@example.com
5. Sharing Personal Data of User for Legal Purposes.
5.1. Company may be required to retain or disclose personal information in order to:
5.1.1. comply with applicable laws or regulations;
5.1.2. comply with a court order, subpoena or other legal process;
5.1.3. respond to a lawful request by a government authority, law enforcement agency or similar government body (whether situated in User's jurisdiction or elsewhere);
5.1.4. engage with third-party service providers and/or sub-contractors which provide services for Company's business operations, a list of which can be received upon request.
5.1.5. disclose to third parties aggregated or de-identified information about Users for marketing, advertising, research, or other purposes;
5.1.6. disclose and/or transfer data to another entity if Company is acquired by or merged with another company, if Company sells or transfer a business unit or assets to another company, as part of a bankruptcy proceeding, or as part of any other similar business transfer;
5.1.7. Company believes release is appropriate to comply with the law, enforce or apply Company's terms and other agreements, or protect the rights, property, or security of Company, Users, or others. This includes exchanging information with other companies and organizations for fraud prevention and detection and credit risk reduction.
6. Sharing User Information with Third Party Software License Provider.
It shall hereby be clarified that the Company will not share any User information regarding products and services with any 3rd party software license provider, unless User agreed to such disclosure of information when purchasing such products and services.
Company has taken appropriate technical and organisational measures to protect the information Company collects about User from loss, misuse, unauthorized access, disclosure, alteration, destruction, and any other form of unauthorized processing. User should be aware, however, that no data security measures can guarantee 100% security.
8. Users in The European Economic Area (EEA).
8.1. Legal Basis for Processing of Personal Data
The Company will only process User's Personal Data if it has one or more of the following legal bases for doing so:
8.1.2. Legitimate Interest: Company has a legitimate interest to process User's Personal Data;
8.1.3. Legal Obligation: processing of User's Personal Data is necessary to comply with relevant law and legal obligations, including to respond to lawful requests and orders; or
8.1.4. Consent: processing of User's Personal Data with User's consent.
8.2. User's Rights regarding Personal Data.
8.2.1. Subject to Applicable Data Protection Laws, User has certain rights with respect to User's Personal Data, including the following:
220.127.116.11. User may ask whether Company holds Personal Data about User and request copies of such Personal Data and information about how it is processed;
18.104.22.168. User may request that inaccurate Personal Data is corrected;
22.214.171.124. User may request the deletion of certain Personal Data;
126.96.36.199. User may request the Company to cease or restrict the processing of Personal Data where the processing is inappropriate;
188.8.131.52. When User consents to processing User's Personal Data for a specified purpose by Company, User may withdraw User's consent at any time, and Company will stop any further processing of User's data for that purpose.
8.2.2. In certain circumstances, Company may not be able to fully comply with User's request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, however, in those circumstances, Company will still respond to notify User of such a decision.
8.2.3. User can exercise User's rights of access, rectification, erasure, restriction, objection, and data portability by contacting the Company at firstname.lastname@example.org. In some cases, Company may need User to provide Company with additional information, which may include Personal Data, if necessary to verify User's identity and the nature of User's request.
8.3. Transfer of User's Personal Data outside of the EEA.
8.3.1. The Company transfers data outside the EEA. As data is stored and processed by Company's Israeli entity, Company relies on adequacy determinations. Data stored and processed by the Company’ flows between the EEA, the United States and Israel and. To ensure that EEA Data is adequately protected when transferred outside the EEA, the Data Protection Directive 95/46/EC and, as of May 25, 2018, the General Data Protection Regulation mandate that such transfers take place using certain legal mechanisms.
8.3.2. When transferring EEA data to Israel, Company relies on the European Commission’s decision that Israel offers adequate data protection for transfers from the EEA. When transferring Personal Data from the EEA to the US, we rely on the EU-US Privacy Shield.
8.3.3. Note: Company currently stores User data in the Company's data centers located in the EEA and Israel.
9. Users in California, USA.
9.1. Company will at all times comply with all Applicable data protection Laws (including the CCPA) and only process Personal Data on User's behalf.
10. Personal Data of Children.
The Company's Services are not intended for children. Children under 18 years of age, may use the Services only with the involvement of a parent or guardian.
11. Questions regarding User's Personal Data?
If User has any questions about this Privacy Notice or Company data practices generally, please contact us using the following information:
Last update: May 27th, 2020.
GDPR & Data Processing
Data Processing Agreement
This Kamatera Data Processing Agreement (“DPA”) shall apply to all of your ("User's") agreements (“Agreements”) with Kamatera. and its affiliates and/or subsidiaries (“Kamatera”) to the extent that Kamatera processes (i) as User's processor any personal data from the European Economic Area, the United Kingdom and Switzerland; or (ii) as User's service provider any personal information of California consumers (collectively, “User Data”).
2.1. Terms used in this DPA but not defined herein (whether or not capitalized) shall have the meanings assigned to such terms in (i) the General Data Protection Regulation (2016/679) (“GDPR”), including any subordinate or implementing legislation, and (ii) the California Consumer Privacy Act of 2018, as amended, Cal. Civ. Code 1798.100 et seq. (“CCPA”), as applicable (collectively, “Applicable Data Protection Laws”). In the event of any conflict between the Applicable Data Protection Laws, the most restrictive law applicable to the User shall govern.
2.2. "User" or "You" means the controller or business that entered into this DPA with KAMATERA.
3. Processing of Personal Data on behalf of Controller/Business.
4. Controller/Business Obligations and Representations.
User sets forth the details, including the purpose, the means and the ways in which Kamatera shall process User Data, as required by Applicable Data Protection Laws in Appendix A (Details of Processing of Processed Personal Data), attached hereto, and User represents and warrants that:
4.1. It complies with personal data security and other obligations prescribed by Applicable Data Protection Laws for controller/businesses, and that the provision of User Data to Kamatera complies with Applicable Data Protection Laws;
4.2. It only processes personal data/personal information that has been collected in accordance with the Applicable Data Protection Laws;
4.3. It has in place procedures in case individuals/consumers whose personal data/personal information is collected, wish to exercise their rights in accordance with the Applicable Data Protection Laws;
4.5. It shall provide to Kamatera as a processor/service provider, or otherwise have Kamatera (or anyone on its behalf) process such User Data which is explicitly permitted under KAMATERA's PN ("Permitted User Data"). Solely controller/business shall be liable for any data which is made available to processor/service provider in excess of the Permitted User Data (“Non-Permitted Data”). KAMATERA's obligations under the Terms shall not apply to any such Non-Permitted Data;
4.6. It is and will remain duly and effectively authorized to give the instruction set out herein and any additional instructions as provided pursuant to the Terms, at all relevant times and at least for as long as the Terms are in effect and for any additional period during which Kamatera is lawfully processing personal data/personal information.
5. Processor/Service Provider Obligations.
5.1. Kamatera carries out the processing of User Data on User's behalf;
5.2. Pursuant to the provisions of Article 28 of the GDPR, Kamatera represents and warrants that it will:
5.2.1. process User Data solely on User's behalf and in compliance with User's instructions (including relating to international data transfers ), including instructions in this DPA and all Terms, unless required to do so by EU or applicable Member State law;
5.2.2. implement appropriate technical and organizational measures to provide an appropriate level of security, including, as appropriate and applicable, the measures referred to in Article 32(1) of the GDPR;
5.2.3. take reasonable steps to ensure that access to the processed User Data is limited on a need to know/access basis, and that all Kamatera personnel receiving such access are subject to confidentiality undertakings or professional or statutory obligations of confidentiality in connection with their access/use of User Data.
5.2.4. it shall provide reasonable assistance to controller/business with any data protection impact assessments or prior consultations with supervising authorities in relation to processing of User Data by the processor/service provider, as required under any Applicable Data Protection Laws, at the written request of the controller/business, and at controller's/business' sole expense.
5.3. Pursuant to the CCPA, Kamatera represents and warrants that:
5.3.1. Kamatera is acting solely as a service provider with respect to User Data for the purposes of
the Contracted Business Purpose;
5.3.2. Kamatera shall not retain, use or disclose User Data for any purpose other than for the specific purpose of performing the services specified in the Terms and if a law requires Kamatera to disclose personal information for a purpose unrelated to the Contracted Business Purpose, Kamatera must first inform the User of the legal requirement and give the User an opportunity to object or challenge the requirement, unless the law prohibits such notice;
5.3.3. If and to the extent that the CCPA permits, Kamatera may de-identify or aggregate User Data as part of performing the services specified in the Terms. Kamatera will not attempt to or actually re-identify any previously aggregated, de-identified, or anonymized data;
5.3.4. Kamatera will limit personal information collection, use, retention, and disclosure to activities reasonably necessary and proportionate to achieve the Contracted Business Purposes or another compatible operational purpose.
6.1. Controller/business authorizes processor/service provider to appoint sub-processors in accordance with the provision of the Terms. Any subcontractor used must qualify as a service provider under the Applicable Data Protection Laws. Without derogating from the generality of the foregoing, processor/service provider cannot make any disclosures to the subcontractor that the CCPA would treat as a sale.
6.2. Processor/service provider may continue to use those sub-processors already engaged by processor/service provider as of the date of this DPA. Controller/business acknowledges and agrees that as of the date of this DPA processor/service provider uses certain sub-processors; a list of such sub-processors will be provided upon request.
6.3. Processor/service provider may appoint new sub-processors and shall give reasonable notice of the appointment of any new sub-processor. Controller's/business’ continued use of the applicable services after such notification constitutes controller's/business’ acceptance of the new sub-processor.
6.4. Kamatera remains fully liable to the User for the subcontractor's performance of its agreement obligations.
7. Data Subjects' Rights.
7.1. Controller/business shall be solely responsible for compliance with any statutory obligations concerning requests to exercise data subject rights under Applicable Data Protection Laws (e.g., for access, rectification, deletion of processed User Data, etc.). Processor/service provider shall reasonably endeavor to assist controller/business insofar as feasible, to fulfil controller's/business' said obligations with respect to such data subject requests, as applicable, at controller's/business' sole reasonable expense.
7.2. Processor/service provider shall (i) without undue delay notify controller/business if it receives a request from a data subject under any Applicable Data Protection Laws in respect of Processed Personal Data; and (ii) not respond to that request, except on the written instructions of controller/business or as required by Applicable Data Protection Laws, in which case processor/service provider shall, to the extent permitted by Applicable Data Protection Laws, inform controller/business of that legal requirement before it responds to the request.
8. Personal Data Breach.
8.1. Processor/service provider shall notify controller/business without undue delay upon processor/service provider becoming aware of any personal data breach within the meaning of Applicable Data Protection Laws relating to User Data which may require a notification to be made to a supervisory authority or data subject under Applicable Data Protection Laws "Personal Data Breach").
8.2. At the written request of the controller/business and at controller's/business’ sole expense, processor/service provider shall provide reasonable co-operation and assistance to User in respect of User's obligations regarding the investigation of any Personal Data Breach and the notification to the supervisory authority and data subjects in respect of such a Personal Data Breach; provided, however, that Kamatera shall, at its own expense, use reasonable efforts to contain and remedy any Personal Data Breach caused by Kamatera (or its agents, representatives, or subcontractors) without undue delay and prevent any further Personal Data Breach, including, but not limited to taking any and all reasonable action necessary to comply with Applicable Data Protection Laws.
9. Deletion or Return of Processed Personal Data.
9.1. Subject to the terms hereof, processor/service provider shall within up to sixty (60) days, unless a sooner time period is required by Applicable Data Protection Laws, return and then destroy the User Data, except such copies as authorized including under this DPA or required to be retained in accordance with Applicable Data Protection Laws.
9.2. Processor/service provider may retain User Data only to the extent authorized or required by Applicable Data Protection Laws, provided that processor/service provider shall ensure the confidentiality of such User Data and shall ensure that it is only processed for such legal purpose(s). The provisions of this DPA shall govern any such retained User Data.
9.3. Upon controller's/business’ prior written request, processor/service provider shall provide written certification to controller/business that it has complied with this Section 9.
10. Audit Rights
10.1. Subject to the terms hereof, and not more than once in each calendar year, processor/service provider shall make available to a reputable auditor mandated by controller/business in coordination with processor/service provider, at the reasonable cost of the controller/business upon prior written request, within normal business hours at processor/service provider premises, such information necessary and relevant to reasonably demonstrate compliance with this DPA, and shall allow for audits by such reputable auditor mandated by the controller/business in relation to the processing of the User Data by the processor/service provider, provided that such third-party auditor shall be subject to confidentiality obligations.
10.2. Controller/business shall use (and ensure that each of its mandated auditors use) its best efforts to avoid causing (or, if it cannot avoid, to minimize) any damage, injury or disruption to the processor's/service provider's premises, equipment, personnel and business while its personnel are on those premises in the course of such an audit or inspection.
11. General Terms.
11.1.Governing Law and Jurisdiction. All disputes with respect to this DPA shall be determined in accordance with the laws of the State of Israel and shall be handled at a competent court in Tel Aviv-Yafo.
11.2.Conflict. In the event of any conflict or inconsistency between this DPA and any other agreements between the parties, including agreements entered into after the date of this DPA, the provisions of this DPA shall prevail.
11.3.Changes in Applicable Data Protection Laws. Controller/business may by at least forty-five (45) calendar days' prior written notice to processor/service provider, request in writing any changes to this DPA, if they are required, as a result of any change in any Applicable Data Protection Law, regarding the lawfulness of the processing of User Data. If controller/business provides its modification request, processor/service provider shall make commercially reasonable efforts to accommodate such modification request, and controller/business shall not unreasonably withhold or delay agreement to any consequential changes to this DPA to protect the processor/service provider against any additional risks, and/or to indemnify and compensate processor/service provider for any further costs associated with the changes made hereunder.
11.4.Severance. Should any provision of this DPA be invalid or unenforceable, then the remainder of this DPA shall remain valid and in force. The invalid or unenforceable provision shall either be (i) amended as necessary to ensure its validity and enforceability, while preserving the parties’ intentions as closely as possible or, if this is not possible, (ii) construed in a manner as if the invalid or unenforceable part had never been contained therein.
Details of Processing of Processed Personal Data
(As required by Article 28(3) of the GDPR)
1. The subject matter and duration of the processing of processed personal data are set forth in the Terms.
3. The types of processed personal data to be processed are as detailed in the PN.
4. The categories of data subjects to whom the processed personal data relates to are as follows: natural persons who are end users of the Controller's or any other third parties' services.
5. The obligations and rights of Controller are as set forth herein and in the GDPR.