TIMELY TERMS OF SERVICE
The following terms and conditions (the "Agreement") govern all use of the "Timely" application ("Application") and the websites located at Timely, and other Kutubi.AI websites (collectively, the "Service"). The Service is provided to you by Kutubi.AI, Inc. The Service is subject to your ("You" or "Your") acceptance without modification of all of the terms and conditions contained herein. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
Kutubi.AI reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time.
If You are an individual (not an organization), You hereby certify to Kutubi.AI that You are at least 16 years of age. In jurisdictions where 16 is not the age of consent to contract, You represent and warrant that You have all necessary authorizations and permissions from an appropriate legal guardian. You also certify that You are legally permitted to use the Service.
In the event You are using the Service as the employee or agent of an organization that has a separate commercial agreement with Kutubi.AI for use of the Service and such agreement conflicts with this Agreement – such separate agreement shall control.
Timely provides a powerful suite of essential communication tools that integrate with Gmail, Slack, Outlook, LinkedIn, Twitter among others. These communication tools exist in the form of extensions, dashboards, software and processes, and mobile applications.
You shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) obtain in any manner or use proprietary data sets that are curated by Kutubi.AI for any commercial purposes (iv) rent, lease, or use the Service for any direct commercial purpose; iv) remove or obscure any proprietary notices on the Service; (vi) use the Service for any unlawful purpose; (vii) access any Kutubi.AI product or service not explicitly permitted by these terms; (viii) send any content via the Service that violates any laws or regulations of third party rights; or (ix) interfere or disrupt the Service in any way. As between the parties, Kutubi.AI shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.
You agree that the Service contains information and other content specifically provided by Kutubi.AI or its partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Kutubi.AI in writing, You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content. Reproducing, copying or distributing any such content, including any materials, data sets, or design elements on the Service, for any other purpose is strictly prohibited without the express prior written permission of Kutubi.AI.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KUTUBI.AI AND ITS LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET YOUR EXPECTATIONS. KUTUBI.AI MAKES NO WARRANTIES THAT ANY EMAILS OR OTHER CONTENT YOU SEND OR OTHERWISE POST VIA THE SERVICE WILL BE DELIVERED TO THE INTENDED RECIPIENT, RETURNED TO YOUR INBOX, OR TRACKED VIA A READ RECEIPT IN AN ERROR FREE MANNER. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL KUTUBI.AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICES OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT FOR: (I) ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) THE LOSS OF ANY DATA OR OTHER TECHNICAL ISSUES, OR DAMAGES TO YOUR MOBILE DEVICE OR OTHER HARDWARE OR SOFTWARE THAT IS CAUSED BY THE SERVICE OR ANY OF KUTUBI.AI SYSTEMS, APPLICATIONS, CODE, PROCESSES OR METHODS, (IV) DAMAGES TO ANY EMAILS FOR OTHER CONTENT YOU SEND OR POST VIA THE SERVICE, (V) ANY DAMAGES CAUSED BY THIRD PARTIES, (VI) ANY DAMAGES CAUSED BY MATTERS BEYOND KUTUBI.AI REASONABLE CONTROL (SUCH AS ACTS OF GOD OR TELECOMMUNICATION FAILURES), OR (VII) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50.00 (U.S.) (PROVIDED THAT, IF YOU ARE A FOR-FEE SUBSCRIBER, SUCH AMOUNT SHALL BE THE TOTAL AMOUNT YOU HAVE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You shall indemnify and hold harmless Kutubi.AI, its affiliates, its partners, and each of its, and its affiliates, and its partners, employees, contractors, directors, suppliers and representatives from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys' fees, that arise from or in connection with (i) Your breach of this Agreement, or (ii) your negligence or willful misconduct. Kutubi.AI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully assist and cooperate with Kutubi.AI in asserting any available defenses.
f You want to terminate this Agreement – You must uninstall Timely chrome extension and stop access of Timely signed in web services. You can cancel Your account by 1) revoking access to Timely via all third-party integrations, 2) uninstalling Timely applications via the methods provided on the platforms Timely integrates with, 3) emailing requesting to terminate this agreement. Kutubi.AI may terminate or suspend Your access to the Service at any time, with or without cause. Upon termination, You will no longer access (or attempt to access) the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, all warranty disclaimers, limitations of liability and disputes resolutions provisions.
We can figure this out. Ideally, if You have any concerns or complaint against Kutubi.AI, We would like to resolve the issue without resorting to formal court or arbitration proceedings. Therefore, before filing a claim against Kutubi.AI, You agree to try to resolve the dispute informally by contacting email@example.com. Kutubi.AI will attempt to resolve the dispute informally (and will contact You via email). If a dispute is not resolved within 15 days of submission, You may bring a formal proceeding.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Kutubi.AI shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Kutubi.AI’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by You except with Kutubi.AI’s prior written consent. Kutubi.AI may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement.