1.1. Your use of the InboxSDK (referred to as the "SDK" in this document) is subject to the terms of these terms and conditions, which are a binding legal agreement between you and Streak. "Streak" means Rewardly Inc., whose principal place of business is at 188 King Street, San Francisco, CA 94107, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
2.1. In order to use the SDK, you must first agree to the Terms. You may not use the SDK if you do not accept the Terms.
2.2. You may not use the SDK and may not accept the Terms if (a) you are not of legal age to form a binding contract with Streak, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.3. Before you continue, you should print off or save a local copy of the Terms for your records.
3.1. Streak is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Streak provides may change from time to time without prior notice to you. Streak will use commercially reasonable efforts to provide you with no less than sixty days notice before terminating the Service, modifying the Service in a manner that materially degrades the features or performance of the Service, or terminating these Terms.
3.2. You acknowledge and agree that while Streak may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Streak at any time, at Streak's discretion. Unless required to comply with the law or avoid material harm to Streak or third parties, any such change shall take effect sixty (60) days after publication of the change in these Terms.
4.1. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Streak will always be accurate, correct and up to date.
4.2. You will only use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.3. You will not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Streak, unless you have been specifically allowed to do so in a separate agreement with Streak.
4.4. You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5. If you use the SDK to develop a service for other users, you will protect the privacy and legal rights of those users. If the users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application, and you must provide legally adequate privacy notice and protection for those users. If your application stores information submitted by users, it must do so securely. If the user provides you with Streak Account information, you may only use that information to access the user's Streak Account when, and for the limited purposes for which, the user has given you permission to do so.
4.6. Unless you have been specifically permitted to do so in a separate agreement with Streak, you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.7. You are solely responsible for (and Streak has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Streak may suffer) of any such breach.
5.1. In order to continually innovate and improve the SDK, Streak may collect certain usage statistics from the Services (“Usage Data”) including but not limited to a hashed unique identifier, associated IP address, version number of the software, and information on which tools and/or services in the SDK are being used by your end users.
5.2. Streak will only use Usage Data in an anonymous manner, and only for the limited purposes of improving our products and services, troubleshooting product issues, and providing technical support. Streak may share Usage Data in aggregated and anonymized form (“Usage Statistics”) with third parties in order to improve our products or business, provided that such data cannot be used to identify you or your end users.
5.3. Streak will use Usage Data only as permitted by applicable law and these Terms, and will never sell Usage Data to any third party. Streak may provide Usage Statistics to third parties in its discretion, provided that such data cannot be used to identify you or your end users.
6.1. You acknowledge and agree that Streak (or Streak's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Streak and that you will not disclose such information without Streak's prior written consent.
6.2. Unless you have agreed otherwise in writing with Streak, nothing in the Terms gives you a right to use any of Streak's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
6.3. Other than the limited license set forth in Section 7, Streak acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Streak, you agree that you are responsible for protecting and enforcing those rights and that Streak has no obligation to do so on your behalf.
6.4. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
7.1. Streak gives you a non-sublicenseable, non-transferable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the SDK as part of the Services as provided to you by Streak as more specifically specified below. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Streak, in the manner permitted by the Terms.
Notwithstanding anything to the contrary, your license to the SDK and right to use the Services is expressly limited to the following:
(i) you may use of the SDK to create a Gmail extension,
(ii) you may use, reproduce, create derivative works, and distribute all of the SDK software, source code, file, data and other materials or technology provided to you by Streak (“Runtime Components”) embedded or incorporated into your Gmail extension by the Services, solely with all copyright notices intact, and without removal or deletion any portion of the Runtime Components,
(iii) you may grant to end users of your Gmail extension a sublicense to use the Runtime Components embedded or incorporated into your Gmail extension solely for use in connection with the Services; and
(iv) you may internally use and create a reasonable number of exact copies of the SDK (including without limitation Runtime Components) solely for back-up, support, training, internal testing, quality assurance and evaluation purposes.
7.2. Except as expressly permitted herein, You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Streak, in writing.
7.3. Unless Streak has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
The SDK may automatically download and install updates from time to time from Streak. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Streak to deliver these to you and your end users) as part of your use of the Services.
9.1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT STREAK'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CASES.. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE AND YOUR END USER’S OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
9.3. IN PARTICULAR, STREAK, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU OR YOUR END USERS THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
9.4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
9.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STREAK OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
9.6. STREAK FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT STREAK, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU OR YOUR END USERS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU OR YOUR END USERS, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGEAS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU OR YOUR END USERS ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH STREAK MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE STREAK WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
10.2. THE LIMITATIONS ON STREAK'S LIABILITY TO YOU AND YOUR END USERS IN THIS SECTION ABOVE SHALL APPLY WHETHER OR NOT STREAK HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
11.1. Streak may make changes to the Terms or Additional Terms from time to time. When these changes are made, Streak will make a new copy of the Terms available at /terms and any new Additional Terms will be made available to you from within, or through, the affected Services. If you do not agree with these changes, you may provide us with written notice via email to support[@]streak.com within ten (10) days of the publication of the new terms and continue to use the Services for sixty (60) days under the prior Terms.
11.2. You understand and agree that if you use the Services after the date on which the Terms or Additional Terms have changed, Streak will treat your use as acceptance of the updated Terms or Additional Terms.
12.1. Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
12.2. The Terms constitute the whole legal agreement between you and Streak and govern your use of the Services (but excluding any services which Streak may provide to you under a separate written agreement), and completely replace any prior agreements between you and Streak in relation to the Services.
12.3. You agree that Streak may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
12.4. You agree that if Streak does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Streak has the benefit of under any applicable law), this will not be taken to be a formal waiver of Streak's rights and that those rights or remedies will still be available to Streak.
12.5. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
12.6. The Terms, and your relationship with Streak under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Streak agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Streak shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
June 16, 2015