Terms and Conditions
Last updated: February 1, 2019
THIS FOLLOWING TERMS AND CONDITIONS (“TERMS” OR “AGREEMENT”) DESCRIBES THE TERMS ON WHICH BOKU IDENTITY, INC. OFFERS YOU USE OF OUR WEBSITE AND ACCESS TO OUR ON-LINE SERVICES.
IMPORTANT – READ CAREFULLY. THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU, THE LICENSED USER (EITHER AN INDIVIDUAL OR ORGANIZATION) (“YOU” OR “YOUR”) AND BOKU IDENTITY, INC. (“BOKU IDENTITY”, “US”, “WE” OR “OUR”), FOR USE OF OUR SERVICES INCLUDING OUR WEBSITE AND SERVICES (INCLUDING NUMBER LOOKUP, NUMBER VERIFICATION, NUMBER MONITORING AND OTHER SERVICES OFFERED ON-LINE BY BOKU IDENTITY, AND ALL ASSOCIATED PRINTED AND ONLINE DOCUMENTATION (COLLECTIVELY, THE “SERVICES”). YOU AND BOKU IDENTITY ARE SOMETIMES INDIVIDUALLY REFERRED TO HEREIN AS A “PARTY” OR COLLECTIVELY AS THE “PARTIES”. ONLY THE LICENSED USER MAY ACCEPT THIS AGREEMENT AND USE THE SERVICES. THE LICENSED USER IS THE INDIVIDUAL OR ENTITY DESIGNATED AS SUCH ON THE SERVICE REQUEST FORM OR SIMILAR DOCUMENT UNDER WHICH THE SERVICES WERE AUTHORIZED BY US. DO NOT USE THE SERVICES AND EXIT NOW IF YOU ARE NOT THE LICENSED USER, OR A PERSON WITH AUTHORITY TO BIND THE LICENSED USER TO THIS AGREEMENT.
BY ACCEPTING THIS AGREEMENT OR USING THE SERVICES YOU, AS AN INDIVIDUAL AND IN YOUR PERSONAL CAPACITY, REPRESENT AND WARRANT TO US THAT YOU ARE EITHER (I) THE INDIVIDUAL LICENSED TO USE THE SERVICES, OR (II) A PERSON DULY AUTHORIZED TO ACT ON BEHALF OF THE ORGANIZATION THAT IS THE LICENSED USER OF THE SERVICES, OR (III) A PERSON THAT HAS BEEN AUTHORIZED BY A LICENSED USER TO USE THE SERVICES BY BOKU IDENTITY. IF THIS IS NOT THE CASE, YOUR USE OF THE SERVICES IS NOT AUTHORIZED AND YOU ARE PERSONALLY LIABLE AND RESPONSIBLE FOR ANY DAMAGE INCURRED BY BOKU IDENTITY.
IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT INSTALL OR USE THE SERVICES AND EXIT NOW.
Boku Identity offers a variety of mobile verification, fraud avoidance and related services (“Services”) including Number Lookup, Number Verification, Number Monitoring, and other services, that can be accessed and used on-line by licensed users, which include access to Boku Identity’s APIs, software, documentation, technical support, websites, and the features, functionality, and connectivity provided through Boku Identity’s proprietary platform. This Agreement governs the Parties’ respective obligations regarding all Services provided to or used by You.
As used herein, the following terms have the following meanings:
“Applicable Law” means, as to any Party, any law, rule, or regulation, or any judgment, decree, governmental permit, license, certificate of authority, or governmental order or approval that is applicable to such Party or the transactions contemplated hereunder.
“Consumer Data” means any information relating to any consumer, end user, or mobile subscriber including, without limitation, name, address, email address, mobile phone number, or any other personally identifiable information with respect to a consumer, end user, or mobile subscriber.
“Boku Identity Technology” means all Boku Identity application programming interfaces (i.e., API), products, computer programs, object codes, techniques, concepts, know-how, methods, mechanics, processes, procedures, designs, drawings, documentation, engines, databases, specifications, content, audio clips, video clips, graphics, images, user interfaces, “look and feel,” inventions (whether or not patentable), discoveries, works of authorship (whether or not copyrightable), and other technology incorporated into and/or used by Boku Identity in the creation or performance of the Services.
“Data Source” means one or more data services providers (including, without limitation, Mobile Carriers) that provide data or information in support of the Services.
“Fees” means any and all fees and charges incurred by You for use of the Services.
“Intellectual Property Rights” means any copyrights, patents, trademarks, trade secrets, rights of publicity, rights of privacy, or other intellectual property or proprietary rights.
“Mobile Carrier” means one or more wireless service carriers included in the Services.
To access and use the Services, You must create an account with Boku Identity (“Account”).
In order to create an Account, You must first complete and submit a Service Request Form (“Service Request Form”) providing Your account information, intended use case or use cases, and other data and information requested by Boku Identity. Accounts are first established on a test or trial basis, after which You will be asked to provide billing information and additional details on Your intended use of the Services. Once final approvals are provided by Boku Identity, You will be advised that Your Account is established. Boku Identity is under no obligation to accept, approve, establish, or create any Account.
When You create an account with us, You guarantee that the information You provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of Your account on the Service.
You are responsible for maintaining the confidentiality of Your Account and password(s), including but not limited to the restriction of access to Your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under Your Account and/or password. We are not liable for losses caused by any unauthorized use of Your Account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
Subject to Your compliance with the terms of this Agreement, Boku Identity hereby grants You a limited, non-exclusive and non-transferable license to use the Services solely for the purpose described herein and in the Service Request Form submitted as part of Your application for an Account, and for no other purpose. Except for the limited license granted herein, Boku Identity or its licensors retain all right, title and interest in and to the Services and all Boku Identity Technology.
Fees and Payment
You agree to pay Boku Identity all Fees You incur in using the Services. The Fees will be as set forth on the pricing page, as may be updated from time to time, except and only to the extent You has entered a separate agreement or addendum with Boku Identity for special pricing on certain Service. Boku Identity reserves the right to change pricing from time to time. Your continued use of the Services after a price change becomes effective constitutes Your agreement to pay the updated pricing.
All pricing excludes all sales, use, VAT charges, taxes, levies, imposts, charges, duties, fees, surcharges, governmental assessments and withholdings (“Taxes”) which will be paid by You. You will be solely liable for and will pay upon demand all Taxes associated You with Your access to and use of the Services and shall not deduct any such amounts, or any other withholdings, set-offs or deductions, from amounts You owe Boku Identity, but will not be responsible for taxes based on Boku Identity’s net income. You may present Boku Identity with an exemption certificate eliminating Your and Boku Identity’s liability to pay certain Taxes. Once We have received and approved the exemption certificate, You will be exempt from those Taxes on a going-forward basis.
If, a taxing jurisdiction determines that You are not exempt from Taxes and assesses those taxes, You will pay those Taxes to Boku Identity, plus any applicable interest or penalties.
Boku Identity will invoice You monthly for the Services using the billing information in Your Account. Unless otherwise agreed in writing with Boku Identity, all payments are due twenty-five (25) days of the date of Boku Identity’s invoice. Past due amounts are subject to a late charge at a rate equal to the lesser of eighteen percent (18%) per annum, or the highest rate allowed by Applicable Law. In the event You fail to pay any amount(s) by the applicable due date, Boku Identity reserves the right to suspend provision of all Services until full payment is made and Your account is current and in good standing. In the event Boku Identity initiates any claim or action to collect unpaid Fees, You hereby agree to reimburse Boku Identity for any and all costs of collection including reasonable attorney’s fees and expenses.
General Service Requirements
The Services will be provided only with respect to those Data Sources that have authorized the provision of Services (and the data provided thereby) to You, and then only to the extent and for the period that such Service or data is (i) available from or provided by the Data Source, and (ii) accessed, used and stored in accordance with the Data Source’s requirements.
You may use the Services solely for the purpose of validating a consumer’s identity for the purposes of fraud avoidance, identity verification, or transaction authentication in connection with commercial transactions undertaken by the consumer with You, or for such other purpose as may be expressly set forth in Your Service Request Form, as approved in writing by Boku Identity as part of Your Account approval process.
You may not (i) use the data for marketing purposes, (ii) resell, distribute, sublicense, or otherwise transfer the Services or any data obtained from the Services, (iii) use the data for creating a consumer report or allow use by a consumer reporting agency for the purpose of creating a consumer report, (iv) use the Services or any data obtained therefrom in any manner that violates Applicable Law, or (v) unless You secure Boku Identity’s prior written consent, store, transmit, export, or access the Consumer Data from outside the United States
You are solely responsible for obtaining any and all authorizations, approvals and consents necessary for You to (i) provide Consumer Data to Boku Identity and to each Data Source, and (ii) authorize Boku Identity and each Data Source to provide Consumer Data to You as part of the Services. When You submit data or information to Us as part of using the Service, You represent, warrant and confirm that You have all proper legal right, power and authority to provide the information and data to Us for the purposes of the Services, and that such provision is in accordance with and complies with all requirements of Applicable Law. You expressly understand and agree that we may share data and information submitted by You with our Data Sources in order to (i) obtain necessary approvals or authorizations for Your Account, (ii) verify Our and Your compliance with our respective obligations, and (iii) provide the Services to You (such as submitting queries with Your data to such Data Sources) and You hereby expressly consent to Our use and disclosure of Your information and data for the purpose of providing the Services.
You will comply with all data security, marketing and consumer protection laws that apply to the collection, access, disclosure, and use of Consumer Data and will not cause Boku Identity or any Data Source to be in violation of any such Applicable Laws.
You agree not to (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such reverse-engineering restrictions, nor (ii) alter, modify, translate, or otherwise create derivative works of any part of the Services.
You shall not, by virtue of this Agreement, use any Mobile Carrier trademarks, service marks, or similar marks, nor attribute any affiliation with the Mobile Carrier, except as authorized by Boku Identity and the Mobile Carrier, as the case may be, in writing.
Access to Boku Identity APIs and Systems
Use of the Boku Identity API and Service is limited to Your access to and use on an authorized and credentialed basis. The Boku Identity API and API documentation provided by Boku Identity are provided under the following terms: (i) You may use the Boku Identity API and Service solely to make a resources request against the API within the scope of and as authorized by this Agreement; (ii) You will not, and will not authorize or permit any person to, reverse engineer, disassemble, reconstruct, decompile, or translate the Boku Identity API or any aspect or portion thereof; (iii) You will not sublicense a Boku Identity API for use by a third party and any attempted sublicensing may not result in a sublicense and will be void and of no effect; (iv) You may only access the Boku Identity API or Service using an authenticated, credentialed method provided by Boku Identity; (v) You will not interfere with or disrupt the Boku Identity API, Service or the Systems, and (vi) You will not transmit or introduce any virus, worm or other malicious code to Boku Identity or into its network, computers, electronic storage systems, or other systems.
You agree that You will use the Services in a manner consistent with any and all Applicable Laws and regulations. We reserve the right,but are not obligated to investigate and terminate Your use or access to the Services if You have misused the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
With respect to Your use of the Service, You agree that You will not: (a) Impersonate any person or entity; (b) “Stalk” or otherwise harass any person; (c) express or imply that any statements You make are endorsed by Us, without Our specific prior written consent; (d) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (e) distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of Boku Identity; (f) remove any copyright, trademark or other proprietary rights notices contained in the applications or with respect to the Service; (g) interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site; (h) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (j) “frame” or “mirror” any part of the Service, or use meta tags or code or other devices containing any reference to Us or the Service or the site in order to direct any person to any other web site for any purpose; or (k) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the application or any software used on or for the Service or cause others to do so.
Boku Identity reserves the right to suspend or restrict access to the Boku Identity servers and/or the Services during Boku Identity’s regularly scheduled service windows for system maintenance, technical upgrades, or service enhancements. Scheduled downtime is generally: (a) limited to last no longer than four (4) hours per month; (b) scheduled between the hours of 12:00 a.m. to 3:00 a.m., Pacific Time; and (c) scheduled to occur no more frequently than twice per month.
Changes in the industry, Mobile Carrier, Data Source and other partner requirements, applicable law and regulations may require Boku Identity to make changes to the Services from time to time. It is Your responsibility to ensure that Your usage is compatible with the then-current Services. Boku Identity endeavors to maintain backward compatibility, but where it cannot, it will make commercially reasonable efforts to provide at least 30 days’ notice prior to implementing changes that do not maintain backward compatibility. We may suspend or discontinue any of the Services or component thereof at any time by posting a notice on the site or by sending You notice through the Services, or by another appropriate means of electronic communication.
Deletion of Customer Data
We generally delete all Consumer Data submitted to Us as part of using the Service once a transaction is complete. Except as agreed by Boku Identity and You in writing, We may periodically delete Your data. Data storage is not guaranteed by Boku Identity and Boku Identity shall not have any liability whatsoever for any damage, liabilities, losses, or any other consequences that You may incur relating to the loss or deletion of Your data.
The Service, features and functionality are and will remain the exclusive property of Boku Identity and its licensors. Boku Identity reserves all right, title and interest in and to the Services and any and all Intellectual Property Rights therein and all improvements, modifications and derivative works thereof.
The Service is protected by certain patents, copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Boku Identity.
You agree that any and all improvements, enhancements, ideas, concepts, methods, processes, inventions, software, trade secrets, know-how, or product modifications related to or involving the Services including, without limitation, those resulting from (i) any product demonstrations, collaborative discussions or exchanges between You and Us, or (ii) any suggestions or requirements for improving the Services regardless of the source, shall be the sole and exclusive property of Boku Identity. To the extent any of Your intellectual property is needed for Boku Identity to use Your suggested improvements to and feedback regarding the Services, You grant to Boku Identity an unrestricted, irrevocable, fully paid-up, and non-exclusive right to use such suggestions and feedback for any purpose. You agree to cooperate with Us in ensuring Boku Identity has full right, title and interest in and to all of the forgoing including, without limitation, executing any documents, instruments of transfer, acknowledgements or similar documents that may be necessary or desirable, in Our reasonable judgment, to evidence Our Intellectual Property Rights.
You agree that Our Services, software and applications, including without limitation, the specific design, structure, functionality and logic of individual programs, their interactions both internal and external, and the programming techniques employed therein are considered Our confidential information and trade secrets (the “Confidential Information”), the unauthorized disclosure of which would cause irreparable harm to Us. You agree to protect Our Confidential Information from unauthorized use or disclosure using the same degree of care and means that You use to protect Your own information of a similar nature, and in any event, using Your best efforts to prevent the use or disclosure of Confidential Information to or by any third parties that have not been authorized by Us to use the software and mobile applications. You shall not use, reproduce or distribute the Confidential Information other than for the sole purpose of using Our Services as licensed and authorized by Us. This confidentiality obligation shall continue to apply to the Confidential Information following the termination hereof, provided that the confidentiality provisions contained herein shall not apply to Confidential Information which (i) was known by You prior to disclosure, as evidenced by Your business records; (ii) was lawfully in the public domain prior to its disclosure, or becomes publicly available other than through a breach of the confidentiality provisions contained herein; or (iii) is disclosed when such disclosure is compelled pursuant to legal, judicial, or administrative proceeding, or otherwise required by law, provided that You shall give all reasonable prior notice to Us to allow Us to seek protective or other court orders.
Except as may otherwise be stated in any written agreement with You, We may terminate or suspend Your account and bar access to the Service (i) immediately, without prior notice or liability, under our sole discretion, in the event we determine Your use of the Service may violate Applicable Law or any restriction or requirement of one of our Data Sources; (ii) upon written notice to You if You are in breach of this Agreement and fail to cure such breach within 30 days after written notice thereof, or (iii) at our election, upon 30 days prior written notice to You for any reason or for no reason.
If You wish to terminate Your Account, You may simply discontinue using the Service.
Upon Our suspension of Your use of or access to any Services, in whole or in part, for any reason: (i) Fees will continue to accrue for any Services that are still in use by You, notwithstanding the suspension, (ii) You remain liable for all Fees, charges and any other obligations You have (or Your Account has) incurred through the date of suspension with respect to the Services, and (iii) all of Your rights with respect to the Services will be terminated during the period of the suspension.
Upon termination of this Agreement, for any reason: (i) You remain liable for all fees, charges and any other obligations accrued and owed by You through the effective date of such termination, (ii) except as expressly set forth herein, all of Your rights and licenses under this Agreement will immediately terminate and You shall cease using the Services. All amounts accrued or owed to Boku Identity in connection with this Agreement shall survive any termination of this Agreement.
Following any suspension or termination of this Agreement or Your Account other than for Your breach, You may request any post-termination assistance that Boku Identity may elect to make generally available with respect to the Services, subject to and conditioned upon Customer’s advance payment of fees and acceptance of all terms and conditions that Boku Identity specifies in writing with respect thereto.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree to defend, indemnify and hold harmless Boku Identity, its Data Sources, and each of their respective affiliates, officers, directors, employees, contractors, agents, and representatives from and against any and all suits, actions, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) Your use or access of the Service, by You or any person using Your Account or password(s); b) a breach of this Agreement, or c) any violation of Applicable Law.
Limitation Of Liability
In no event shall Boku Identity, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages of any type or nature, including without limitation, loss of profits, data, use, goodwill, or other intangible losses of any kind or nature, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. In no event shall Boku Identity’s aggregate liability arising out of or in connection with this Agreement, the Services or any component thereof, or Your use of the Services exceed the total amount of fees paid to Us hereunder with respect to the Services during the six (6) month period immediately prior to the data that any claim arose under this Agreement.
Limited Warranty; Disclaimer
We warrant for Your benefit only that the Services will perform substantially in accordance with recognized industry standards for the Services. Our sole obligation, and Your sole remedy, under this warranty is that We will make a commercially reasonable efforts to resolve any reported defects in the Services.
EXCEPT AS PROVIDED ABOVE, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE PROVIDE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, DATA, DOCUMENTATION, OR ANY OTHER MATERIAL FURNISHED TO YOU, OR ANY COMPONENT THEREOF, INCLUDING THE CONDITION, THE CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY ERROR OR OTHER LATENT OR PATENT DEFECT. WE DO NOT WARRANT THAT THE SERVICES (A) WILL FUNCTION UNINETRRUPTED , SECURE, OR ERROR FREE , (B) THAT ANY DEFECTS WILL BE CORRECTED, (C) THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THE DATA OR RESULTS OBTAINED FROM THE SERVICE IS ACCURATE, CURRENT OR ERROR FREE , (E) THE SERVICES (OR ANY MOBILE OPERATORS OR DATA SOURCES) WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR (F) THE RESULTS OF USING THE SERVICES. IT IS EXPRESSLY UNDERSTOOD THAT ANY DATA WE MAY PROVIDE REGARDING PHONE NUMBERS, PHONE STATUS, PHONE ATTRIBUTES, OR OTHERWISE IS ONLY AS GOOD AS THE DATA WE OBTAIN FROM OUR DATA SOURCES AND MAY NOT ALWAYS BE ACCURATE, COMPLETE OR CURRENT. EXCEPT AS EXPRESSLY PROVIDED ABOVE, WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR USE OR PURPOSE AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THE SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to You.
Reservation of Rights
We reserve the right, but are not obligated to, to monitor and audit Your use of the Services for any reason or no reason, without notice, to ensure Your compliance with this Agreement. We reserve the right, but are not obligated to, to reject, refuse to transmit or post, block, or to restrict, suspend or terminate Your access to all or any part of the Services at any time if You violate Applicable Law, violate Data Source requirements, or to prevent harm to Our business or reputation. We also reserve the right to access, read, preserve, and disclose any information that We reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental or agency request, (ii) enforce this Agreement, including investigation of potential violations hereof , (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) comply with any requirements imposed by our Data Sources, or (vi) protect the rights, property or safety of Boku Identity, its Data Sources, customers, its customers’ end users, and/or the public. You agree to provide Boku Identity with any information Boku Identity reasonably requests to investigate and resolve problems relating to Your Account.
Governing Law; Venue
This Agreement shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. The exclusive jurisdiction for the resolution of any dispute, claim or controversy arising under or in connection with this Agreement shall be in the federal or state courts having jurisdiction in and for Santa Clara County, California, and the Parties hereby expressly submit to and waive any objection to jurisdiction and venue in such courts
You acknowledge that the laws and regulations of the United States restrict the export and re-export of the software used in the Services to restricted countries and agree not to export or re-export the data obtained from the Services except as may be allowed by and in compliance with all requirements under Applicable Law.
We reserve the right, at our sole discretion, to modify or replace this Agreement, in whole or in part, at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Service.
Any provision herein which is prohibited, invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition, invalidity or unenforceability, without invalidating, affecting or impairing the remaining provisions or affecting the validity or enforceability of such provision in any other jurisdiction. To the extent practicable, the prohibited, invalid or unenforceable provision shall be replaced, for purposes of such jurisdiction, with a permitted, valid and enforceable provision that comes closest to the intention of the Parties with respect to the provision so replaced.
No amendment, modification, waiver or consent issued hereunder shall be binding or effective on Us unless set forth in writing specifically referencing this Agreement and executed by Boku Identity. No waiver by Us of any rights arising from the breach hereof shall be construed as a continuing waiver, nor shall failure to assert a breach be deemed to waive that breach or any further breach. No waiver of any of the provisions or a breach hereof shall constitute a waiver of any other provision or other breach hereof.
In the event We pursue any claim or action to enforce the terms of This Agreement, We shall be entitled to recover all costs incurred in connection with such claim or action including, without limitation, any and all court costs, witness fees, costs of investigation or enforcement, and attorney’s fees.
Neither Party is liable for any failure of performance (other than for delay or performance in the payment of money due and payable hereunder) to the extent such failure is due to any cause or causes beyond such Party’s reasonable control, including acts of God, fire, explosion, vandalism, cable cut, adverse weather conditions, governmental action, acts of terrorism, strikes and similar labor difficulties, war, sabotage, outages of third party connections, utilities, or telecommunications networks, including, without limitation, carrier-related problems or issues, internet-access issues, denial of service attacks, shortage or unavailability of supplies, and other mechanical, electronic or communications failures or degradation. Either Party’s invocation of this clause will not relieve You of Your obligation to pay for any Services actually provided or permit You to terminate any Services except as expressly provided herein.
The license granted hereunder and this Agreement, and the rights and obligations hereunder, are not transferable or assignable by You without the prior written consent of Boku Identity.
This Agreement contains the whole of the agreement between the Parties concerning the matters provided for herein and there are no collateral or precedent representations, warranties, agreements or conditions not specifically set forth herein and none have been relied on by either Party as an inducement to enter into this agreement.
The Parties are independent contractors, and this Agreement will not be construed to create or evidence a partnership, joint venture, or franchise relationship between them. Neither Party has any authority to enter into any agreement on behalf of the other Party.
Boku Identity may engage in product demonstrations of its Phone Verification Services. For example, you may visit our Phone Verification Services website, you may visit us at a trade show and inquire into our services, or you may be an employee of a prospective customer that desires to see our Phone Verification Services in action. If you participate in product demonstrations, you are providing consent to Boku Identity to use the phone number you provide for the purpose of verifying it with the mobile carriers.
When participating in a product demonstration, you agree to the following:
1. You will submit and inquire only about your own phone number, and will not attempt to provide the phone number of anyone other than yourself;
2. Your use of the Phone Verification Services will be solely for the one time use of participating in the product demonstration and evaluating the Service, and will not be used for any commercial or other purpose;
3. If you are under the age of 18, you are not allowed to participate in the product demonstration, and should not submit information to the Phone Verification Services;
5. You authorize your mobile carrier to verify your phone number.
All notices under this Agreement shall be in writing and shall be given by courier or other personal delivery, or by certified mail at the address listed below, or by e-mail delivery with confirmed receipt to the appropriate email address indicated below, and shall be deemed given when received. Notices to You will be sent to the address and e-mail address on file with Boku Identity in Your Account. Notices to Boku Identity may be sent to: Boku Identity, Inc., 2833 Junction Avenue, Suite 202, San Jose, CA 95134, Attn: Legal Department, with a copy to email@example.com.
If You have any questions about this Agreement, please contact us at: to firstname.lastname@example.org