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BOARDS - TERMS OF USE

Last Revised: October 15, 2026

Boards.com Ltd. (“Boards," the “Company," "we," "our," or ”us”) welcomes you, whether you are an individual, company, or other legal entity (the “User," the "Customer," or “you”), to: (1) our mobile application (the “App”); (2) our website located at https://www.boards.com/ (the “Site”); and/or (3) our Landing Pages (as defined below). 

The App and the Site provide registered Users with access to our online platform (the “Platform”), which enables you, amongst other features, to manage your User Content (as defined below), create and operate Landing Pages, and disseminate such content through our proprietary keyboard and browser extensions (collectively, the “Keyboard Extension”). These Terms also govern access to and use of Landing Pages by non-registered Users. 

The Site, the App, the Platform, the Keyboard Extension, the Landing Pages, all services provided through them, and all other products and services of the Company that reference these Terms shall collectively be referred to as the “Services”. Use of the Site and the App is subject to the terms and conditions set forth herein (these “Terms”).

To the extent that you have executed a purchase order, order form, or other services agreement directly with the Company (collectively, a “Purchase Order”), these Terms are incorporated into such Purchase Order by reference and form an integral part thereof. In the event of any conflict between these Terms and a Purchase Order, the terms of the Purchase Order shall prevail with respect to such conflict. 

  1. Acceptance of the Terms

By (i) executing a Purchase Order (as applicable); or (ii) entering, connecting to, accessing, downloading, installing, and/or using the Services, you acknowledge that you have read and understood these Terms, including our Privacy Policy available at https://www.boards.com/privacy (the “Privacy Policy”), which is incorporated herein by reference and forms an integral part of these Terms. You agree to be bound by these Terms on your own behalf and, where applicable, on behalf of your organization, and to comply with all applicable laws and regulations in connection with your use of the Services. You further acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you and, where applicable, your organization. 

The Services are available only to individuals who: (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms, on behalf of themselves and, where applicable, their organization, and to form a binding agreement under any applicable law. IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU DO NOT POSSESS THE LEGAL CAPACITY TO ENTER INTO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS, OR USE THE SERVICES IN ANY MANNER, DO NOT INSTALL THE APP, AND, IF ALREADY INSTALLED, PROMPTLY UNINSTALL THE APP FROM YOUR DEVICE. AS APPLICABLE, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE POWER, AUTHORITY, AND LEGAL RIGHT TO ENTER INTO THESE TERMS ON BEHALF OF YOUR ORGANIZATION AND, AS APPLICABLE, THE CUSTOMER. 

  1. The Services

  1. Important Note to Users of Landing Pages and Stores: Certain Users use the Services to create and operate Landing Pages, Stores, and other pages made available to the general public, including to individuals who are not themselves registered Users of the Platform and do not maintain an Account. If you are accessing a Landing Page, Store, or similar page, you acknowledge and agree that: (a) any content, products, services, offers, and information made available through such page, including any User Content, is created, controlled, owned and operated solely by the User operating that page, and not by the Company; (b) the Company is not a party to, and assumes no responsibility or liability whatsoever for, such content or for any transaction, communication, or interaction between you and the relevant User; (c) the Company does not review, verify, monitor, or endorse any such content and makes no representation or warranty as to its accuracy, legality, quality, reliability, or fitness for any purpose; (d) any engagement by you with such content or with the relevant User, including any purchase, payment, delivery, return, refund, or dispute, is entirely at your own risk and is a matter solely between you and the relevant User; (e) the Company does not guarantee the identity, authority, solvency, or good faith of any User operating a Landing Page or Store, and makes no representation regarding the availability, quality, safety, legality, or compliance of any products or services offered through such pages; (f) the Company is not responsible for any loss, damage, injury, or harm, whether direct, indirect, incidental, consequential, or otherwise, arising from or in connection with any Landing Page, Store, or User-operated page, including as a result of any error, omission, defect, delay, interruption, or unauthorized access; and (g) to the fullest extent permitted by applicable law, you hereby release, waive, and forever discharge the Company, its officers, directors, employees, and affiliates from any and all claims, demands, causes of action, damages, and liabilities of any kind, whether known or unknown, arising out of or in any way connected to your access to or use of, or reliance upon, any Landing Page, Store, or other User-operated page, or any dealings with the User operating it. The Company disclaims, to the fullest extent permitted by applicable law, any and all liability arising from or relating to your use of, or reliance on, any Landing Page, Store, or other User-operated page.

  2. General Use of the Site. The Site may be accessed by any User, for general informational purposes, including to learn about the Company and its Services and to browse publicly available content, without the need to open an Account. Such general, non-registered use of the Site and/or App is subject to these Terms but does not, in and of itself, entitle you to access or use any of the features described in this Section that require registration, an Account, or a Purchase Order, as further detailed below. 

  3. User Content and Keyboard Extension. Our Platform allows registered Users to prepare message or content templates and create and upload certain materials, including, without limitation, verbiage, data, information, videos, photos, files, images, designs, animations, literary works and texts (collectively, “User Content”). Users may share their User Content with third parties (e.g., clients and prospects) via various messaging applications, directly through the Keyboard Extension, which may be downloaded and installed on mobile devices, as well as on desktop web browsers (such as Google Chrome), depending on the version made available by the Company from time to time. The Keyboard Extension may not be supported by all devices, operating systems, browsers and applications, and is provided "as is," without warranty of compatibility or uninterrupted availability. The Company does not review, monitor, verify or endorse any User Content and shall bear no responsibility or liability for any User Content or its transmission to, or use by, any third party. Additional terms and conditions relating to User Content are included in these Terms. 

  4. Inviting Team Members. Users may invite and permit third parties, such as their team members, to access and use (via the Platform and/or the Keyboard Extension, as applicable) User Content shared with them, and to further share such User Content with other third parties (e.g., clients and prospects). To access such shared User Content, invited third parties must open an Account through the Site or App and accept these Terms. When inviting third parties, providing us with their contact information, and sharing your User Content with them, you represent and warrant that you have provided such third parties with all applicable notices and obtained all consents required for providing us with their information and sharing your User Content with them. You further acknowledge that such third parties may use the User Content shared with them at their sole discretion, and you assume full responsibility and liability in this respect, release the Company from any liability, and waive any right to bring a claim against the Company in this regard. 

  5. Landing Pages. Our Platform may allow Users to create dedicated landing pages incorporating User Content (“Landing Page(s)”) and to send links to Landing Pages to third parties (e.g., team members, clients and prospects). Any content uploaded to, or otherwise created via the Platform in connection with, a Landing Page (other than materials and templates created by, or on behalf of, the Company, and any pre-existing materials or templates made available on the Services, which shall remain owned by the Company) constitutes “User Content", as defined above. Landing Pages may only be used to promote the User's business and for other legitimate purposes consistent with the nature of the Services, and for no other purpose. Users are solely responsible for the content, operation and management of their Landing Pages, and the Company shall bear no liability in connection therewith. The Company reserves the right to suspend or terminate any Landing Page at any time, at its sole discretion and without liability.

  6. Stores. Our Platform may further allow registered Users ("Seller") to create and operate online stores within their Landing Pages ("Store(s)") and grant third parties ("Purchasers") access thereto for the purpose of purchasing products and services. Sellers are solely responsible for the content, operation and management of their Store, including providing accurate product and service descriptions and pricing, complying with all applicable laws (including consumer protection laws), posting appropriate privacy notices, terms of sale and refund policies, fulfilling and shipping orders, and providing customer service, and warrant that all products and services offered through their Store are lawful, do not infringe any third-party rights, and are not illegal goods or services, items infringing intellectual property rights, hazardous or harmful products, or otherwise prohibited by these Terms or applicable law. Boards is not a party to, and bears no responsibility or liability whatsoever for, any transaction, dispute, act or omission between a Seller and its Purchasers, including with respect to order fulfillment, shipping and delivery, product quality, safety or legality, fraud, or the Seller's insolvency or bankruptcy; Boards merely provides payment processing and the underlying Store functionality, and any disputes must be resolved directly between the Seller and the Purchaser, without Boards' involvement.

The Store functionality is provided "as is", without any warranties of any kind, express or implied, and the Company shall not be liable for any damages or liabilities arising from or relating to the Store functionality or any transaction conducted through it. Sellers hereby irrevocably waive and release the Company from any and all claims, demands and causes of action arising from or related to their Store, its products or services, or any transaction conducted through it, and agree to fully indemnify and hold the Company harmless from any claims, damages, liabilities and losses (including reasonable attorneys' fees) arising therefrom. In the event of any conflict or dispute arising between a Seller and a Purchaser, such Seller and Purchaser shall resolve such conflict or dispute exclusively between themselves and outside of the Platform, and the Company shall be under no obligation whatsoever to intervene, mediate, adjudicate or otherwise participate in the resolution thereof. The Company may, at its sole discretion and without liability to any party, suspend or terminate any Store or a User's access to the Store functionality at any time, for any reason, including for violations of these Terms. 

Sellers process payments for their Store independently, through a third-party payment processor, payment gateway or similar service engaged directly by the Seller (a "Seller Payment Processor"), by providing the Company with an API, access credentials or other means of integration, which the Company then integrates into the Seller's Landing Page. In such cases, payments made by Purchasers are processed and received directly between the Purchaser and the Seller Payment Processor and do not pass through the Company, and Purchasers acknowledge that the Company merely facilitates the technical integration of the Seller Payment Processor into the Landing Page and is not a party to, and bears no responsibility or liability whatsoever for, the processing, security or handling of any such payment. Sellers who use a Seller Payment Processor represent and warrant that they maintain a valid and lawful account with such Seller Payment Processor, are duly authorized to use it and to integrate it into the Platform and their Landing Page, and are solely and fully responsible for the processing and security of all payments made thereby, and agree to fully indemnify and hold the Company harmless from any claims, damages or losses arising from or related thereto.

  1. Content Feed. Our Platform may allow certain Users and/or other individuals invited by the Company for this purpose to upload and publish content, including promotional and marketing materials, to a dedicated content feed made available to other Users (the "Feed"). Any content uploaded to the Feed constitutes "User Content"; all terms and conditions relating to User Content shall apply to it, with the necessary changes, and the relevant User who creates such content remains solely and exclusively responsible for it, including its legality, accuracy, and compliance with these Terms and applicable law. For the avoidance of doubt, Users who are such "content creators" are independent third parties and are not employees, agents, representatives, or contractors of the Company, and the Company bears no responsibility or liability whatsoever for any content published by them via the Feed. The Company does not review, monitor, verify, or endorse any content made available via the Feed, and reserves the right, at its sole discretion and without prior notice or liability to any User, to remove, disable access to, or otherwise restrict any content it deems, in its sole judgment, to be inappropriate, unlawful, or in breach of these Terms, and to suspend or terminate access to the Feed at any time. As a viewer of content available via the Feed, you acknowledge that any use of, or reliance on, such content is entirely at your own risk, and that you are solely responsible for evaluating its legality, accuracy, and suitability before acting upon it.

  2. Client and Prospect Data. The Platform may enable you to collect, store and otherwise process information, including personal data, regarding your clients, prospects and other individuals, whether through your Landing Pages, your Store, polls, inquiries, open-text fields or contact forms, or by syncing contacts with, or importing contacts from third party applications or services or files (collectively, "Customer Relations Information"). Customer Relations Information also constitutes User Content, and all terms and conditions relating to User Content shall apply to it, with the necessary changes. Any collection, use, processing, syncing, importing or exporting of Customer Relations Information is undertaken by you at your own risk, and you are solely responsible therefor. The Platform is not a backup or data storage service; you are solely responsible for maintaining independent, up-to-date records, and the Company bears no liability for any loss, corruption or unavailability of Customer Relations Information, however arising. You represent and warrant that you are solely responsible for complying with all applicable law in connection with Customer Relations Information, including data protection, electronic communications, anti-spam and privacy laws, and that, to the extent required by law, you: (i) have obtained all consents required from the relevant data subjects for the collection and processing of their personal data and for sending them any communications; (ii) have posted all required privacy notices on your Landing Pages and Store (the Company disclaims any obligation to provide such notices, which remains solely yours); and (iii) are solely responsible for the legality, quality and accuracy of Customer Relations Information and your processing thereof.  

  3. Analytics Services. We may enable certain Users to receive, through the Platform, aggregated and anonymized information relating to the activities of their team members (i.e., other Users who were invited to use the Services by such User and are assigned to that User's account), including aggregated and anonymized analytics and insights regarding such team members’ use of the Keyboard Extension, the App, the Site, and the User Content shared with them (collectively, “User Analytics”). User Analytics are provided "as is", for informational purposes only, without any warranty as to their accuracy or completeness. To the extent you use the Services as a team leader, you represent and warrant that you have provided your team members with all notices, and obtained from them all consents, required under applicable law for the Company to monitor their use of the App, Site, Keyboard Extension and/or Landing Pages, and to collect, process and provide to you their User Analytics.

  4. Company's Content. The Platform includes the Company's proprietary content, such as contact information, videos, text, logos, buttons, icons, images, data compilations, links, technical data, documentation, know-how, specifications, materials, designs, the “look and feel” of the Site, App, Landing Pages and/or Keyboard Extension, algorithms, source and object code, interfaces, GUIs, interactive features, related graphics, illustrations, drawings, animations, and other features obtained from or through the Site, App, Landing Pages and/or Keyboard Extension (collectively, the “Content”). For the avoidance of doubt, all content made available via the Site, App, Landing Pages and/or Keyboard Extension that is not created or otherwise uploaded by a User constitutes the Company's Content (e.g., templates, stock materials, GUI elements, etc.), and remains the sole and exclusive property of the Company and/or its licensors. All rights in the Content not expressly granted to Users under these Terms are reserved by the Company, and nothing herein shall be construed as granting any license or right to use the Content other than as expressly permitted for the purpose of using the Services.   

  5. Messages. The Company may send you administrative, transactional and other non-marketing communications relating to your use of the Site and/or Platform (such as service, security, billing, account and policy notices) by e-mail, SMS, WhatsApp or other messaging applications, push notifications, or other electronic means of communication, sent to the contact details you provided. In addition, by providing your contact details, you will be added to the Company's marketing list and may receive commercial and advertising messages, including our newsletter and updates on the Company's developments, services and offerings, by e-mail, SMS, WhatsApp or other messaging applications, push notifications, or other electronic means of communication, sent to the contact details you provided, all as further detailed in our Privacy Policy; provided that, where applicable law requires your prior explicit consent to receive such marketing communications and no exemption or derogation therefrom that the Company may rely on applies, the Company will seek such consent before sending you such marketing communications. Message frequency may vary. Message and data rates may apply. You can opt out at any time by replying STOP, and reply HELP for help. Consent to receive marketing text messages is not a condition of purchasing any goods or services. In addition to replying STOP to any marketing text message, you may opt out of receiving marketing communications and push notifications at any time, without charge by the Company, by emailing support@boards.zendesk.com, by following the unsubscribe instructions included in the message, or by disabling push notifications via your browser or device settings. Such opt-out does not affect, and the Company may continue to send you, administrative, transactional and other non-marketing communications as described above.

  6. AI Integrations and AI-Generated Content. The Platform may allow you to connect or integrate your Account with third-party artificial intelligence or large language model services or accounts (such as Claude or other similar AI tools) (each, an "AI Service"), and to use such AI Service, whether directly or through the Platform, to generate, draft, edit or otherwise create User Content. You represent and warrant that: (i) you have all necessary rights, licenses, consents and authorizations to connect your AI Service account to the Platform and to use such AI Service in connection with the Services; (ii) your use of, and any connection or integration with, any AI Service complies with such AI Service's own terms of use and all applicable laws, including intellectual property and privacy laws; (iii) you are solely responsible for reviewing, verifying and editing any content generated through or with the assistance of an AI Service prior to using, publishing, sharing or otherwise relying on it as User Content, and for ensuring that such content does not infringe any third-party rights, is not false, misleading, defamatory or unlawful, and otherwise complies with these Terms; and (iv) the Company is not the developer, owner, licensor or provider of any AI Service, has no control over, and does not review, verify, monitor or endorse, any AI Service or any output generated thereby. Any content so generated constitutes User Content for all purposes under these Terms, including with respect to ownership, responsibility and the licenses granted by you to the Company hereunder. THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY AI SERVICE AND ANY CONTENT GENERATED THEREBY.

  7. Boards Advisor Program. The Site and/or App may allow Users to apply to participate in the “Boards Advisor Program” (the “Program”). A User's acceptance and participation in the Program is subject to the Company’s sole discretion, as notified to the User in writing, and to the User's acceptance of dedicated terms and conditions applicable to the Program (the “Program T&C”). These Terms shall continue to apply to any use of the Services by Program participants, in parallel to the Program T&C, provided that, in the event of any conflict between these Terms and the Program T&C, the Program T&C shall prevail. The Company may cancel the Program, discontinue invitations to apply for the Program, decide not to review any application, or terminate the appointment of any Boards Advisor, at any time, for any reason, at its sole discretion.  

BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT: (A) YOU ARE SOLELY RESPONSIBLE FOR THE USER CONTENT YOU CREATE, UPLOAD OR OTHERWISE USE IN CONNECTION WITH THE SERVICES AND FOR THE OPERATION AND/OR USE OF STORES AND LANDING PAGES AND YOUR ENGAGEMENT AND DEALINGS WITH ANY OTHER USER AND/OR THIRD PARTY; (B) YOUR SHARING OF USER CONTENT WITH ANY THIRD PARTY IS AT YOUR OWN RISK AND COMPLIES WITH ALL APPLICABLE LAWS, INCLUDING INTELLECTUAL PROPERTY, PRIVACY, CONSUMER, ELECTRONIC COMMUNICATIONS AND ANTI-SPAM LAWS; AND (C) THE USER CONTENT DOES NOT VIOLATE ANY THIRD-PARTY RIGHTS. 

YOU HEREBY DISCLAIM, WAIVE AND DISCHARGE THE COMPANY FROM ANY CLAIM RELATED TO YOUR USE OF USER CONTENT AND/OR STORES AND/OR LANDING PAGES. THE SERVICES SERVE MERELY AS A PLATFORM MADE AVAILABLE TO USERS; THE COMPANY DOES NOT REVIEW, MONITOR, VERIFY OR ENDORSE ANY USER CONTENT OR LANDING PAGES AND/OR STORES, AND IS NOT RESPONSIBLE FOR THEM OR FOR THE OUTCOME OF THEIR USE, DISPLAY OR DISSEMINATION, ANY PRODUCTS OR SERVICES SOLD, OFFERED OR MARKETED BY USERS, OR USERS’ COMMUNICATIONS AND INTERACTIONS WITH EACH OTHER OR ANY THIRD PARTY. 

ALL USER CONTENT IS SUPPLIED BY THE RELEVANT USER, IS NOT VERIFIED BY THE COMPANY, AND DOES NOT BIND THE COMPANY IN ANY LANDING PAGE. NOTWITHSTANDING THE FOREGOING, THE COMPANY RESERVES THE RIGHT, AT ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, TO REMOVE, DISABLE ACCESS TO, OR OTHERWISE RESTRICT ANY USER CONTENT OR FORM THAT IT DEEMS, IN ITS SOLE JUDGMENT, TO BE INAPPROPRIATE, UNLAWFUL, OFFENSIVE OR IN BREACH OF THESE TERMS.  

YOU ACKNOWLEDGE THAT USE OF THE KEYBOARD EXTENSION DEPENDS ON INTEGRATION WITH THIRD-PARTY SERVICES (SUCH AS WHATSAPP, ANDROID OPERATING SYSTEMS, ETC.) AND THEIR AVAILABILITY AND FEATURES, ALL OF WHICH ARE OUTSIDE THE COMPANY'S CONTROL. THE COMPANY DOES NOT GUARANTEE THAT THE KEYBOARD EXTENSION IS OR WILL REMAIN SUPPORTED BY ANY THIRD-PARTY SERVICE, AND MAY CEASE SUPPORTING ANY SUCH SERVICE AT ANY TIME, AT ITS DISCRETION AND WITHOUT NOTICE. THE COMPANY DISCLAIMS ALL WARRANTIES AND LIABILITY WITH RESPECT TO ANY THIRD-PARTY SERVICE REQUIRED TO PROVIDE THE SERVICES, AND IS NOT LIABLE FOR ANY LOSS OR DAMAGE RELATED TO ANY THIRD-PARTY PRODUCTS OR SERVICES.

ALL RIGHTS IN AND TO THE SITE, APP, LANDING PAGES AND KEYBOARD EXTENSION, AND THE CONTENT (EXCEPT USER CONTENT) AVAILABLE THEREIN, ARE RESERVED TO THE COMPANY OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SERVICES AND ALL CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS, AND USE THEREOF IS AT YOUR OWN RISK. THE COMPANY SHALL 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 SERVICES. 

  1. Consideration 

The Company may charge subscription fees for your use of the Services, or certain features thereof, in accordance with the fees and payment terms applicable to the relevant subscription plan (the "Subscription Fees" and "Subscription", respectively). The applicable Subscription Fees and payment terms shall be determined as follows: (i) if you purchase a Subscription directly through our App or Site on a self-service basis, the Subscription Fees and payment terms shall be as presented to you on the relevant screen of the App or Site prior to your purchase, and are hereby incorporated into these Terms by reference; or (ii) if you purchase a Subscription pursuant to a Purchase Order executed between you and the Company, the Subscription Fees and payment terms shall be as set forth in such Purchase Order, which is hereby incorporated into these Terms by reference and shall prevail over this Section 3 in the event of any conflict. Subscriptions are provided on a recurring basis and may be offered for specific Subscription periods (e.g., monthly, annual), as determined by the Company at its sole discretion (the “Subscription Period”). The Company may change any Subscription plan, including available Subscription Periods, at any time upon prior written notice to you, provided that such changes shall not affect any Subscription Period already paid for. 

Unless otherwise provided in an applicable Purchase Order: (i) your Subscription shall automatically renew for successive Subscription Periods unless you cancel your Subscription prior to the applicable renewal date; and (ii) Subscription Fees shall be billed in advance at the commencement of each Subscription Period. To the extent your payment information on file becomes invalid, expires, or otherwise cannot be processed, your access to the Services may be suspended until valid payment information is provided.

The Company reserves the right to modify the Subscription Fees at its discretion, by providing you with at least 30 days' prior written notice (or such longer period as may be required under applicable consumer laws) before the end of the then-current Subscription Period, provided that any such change shall take effect only as of the following Subscription Period and shall not affect the Subscription Period then in progress. All Subscription Fees and other amounts paid hereunder are non-refundable, except as expressly provided in these Terms or as required by applicable law.

Unless otherwise expressly stated herein, all amounts payable under these Terms are quoted, and shall be paid, in United States Dollars. Unless otherwise indicated, all amounts payable under these Terms are exclusive of any sales, use, value-added, withholding or other applicable taxes and duties, which shall be borne by you in addition to the Subscription Fees. 

Subscription Fees may be billed using the applicable application marketplace’s billing system (e.g., the App Store or Google Play) (the "Marketplace"). In such case, the billing of your Subscription Fees and the applicable Subscription shall also be subject to the Marketplace's own terms of service, in addition to these Terms; in the event of any conflict, the Marketplace’s terms shall prevail. By purchasing a Subscription through a Marketplace, you enter into a direct engagement with that Marketplace, and any Subscription Fees charged will be billed by the Marketplace using the payment information it has obtained from you. The Company does not control, and is not affiliated with, any Marketplace. Marketplaces are independent contractors and have no employment, agency or other similar relationship with the Company. The Company is not responsible for the actions, omissions or performance of any Marketplace, and your use of a Marketplace is at your own risk. It is your responsibility to comply with the Marketplace's terms of service and privacy policy, and you acknowledge that you assume all risks associated with any transaction conducted via a Marketplace.

Alternatively, Subscriptions may be purchased via our authorized reseller, Paddle.com, which acts as the Merchant of Record for such transactions (“Paddle”). By placing an order through Paddle, you agree to Paddle’s terms and conditions and privacy policy, as referenced and/or linked in the relevant purchase area of the App or Site (collectively, the "Paddle Terms”). Paddle handles all customer service inquiries and returns relating to such purchases. By purchasing a Subscription through Paddle, you enter into a direct engagement with Paddle, and any Subscription Fees charged will be billed by Paddle using the payment information you provide directly to it. The Company is not affiliated with Paddle, which is an independent contractor and has no employment, agency or other similar relationship with the Company. The Company is not responsible for the actions, omissions or performance of Paddle, and your use of Paddle is at your own risk. It is your responsibility to comply with the Paddle Terms, and you acknowledge that you assume all risks associated with any transaction conducted via Paddle. 

Additional Terms for EU Consumers. If you are a consumer habitually resident in a country of the European Economic Area, the following additional terms shall apply to your Subscription and shall prevail over any conflicting provision of this Section in the event of a conflict: (i) Right of Withdrawal: you may be entitled to withdraw from your Subscription within fourteen (14) days of the date on which the applicable contract was concluded, without giving any reason, by notifying the Company of your decision by means of a clear statement; however, if you expressly request that the Company begin providing the Services immediately upon purchase, you acknowledge and agree that you thereby consent to the immediate performance of the Subscription during the withdrawal period and that you will lose your right of withdrawal once the Services have been fully performed, or, if only partially performed within the withdrawal period, you shall pay the Company an amount proportionate to the Services provided up to the time you communicated your withdrawal; (ii) Order Confirmation: prior to completing your purchase, you will be presented with a summary of the applicable Subscription Fees, Subscription Period and principal characteristics of the Services, and will be required to expressly confirm, by way of a clearly labelled button or equivalent function, that your order entails an obligation to make payment; and (iii) nothing in these Terms shall limit or exclude any statutory right you may have as a consumer under the mandatory laws of your country of residence, including with respect to the conformity of digital content and digital services, to the extent such rights cannot be waived or restricted by agreement.

  1. User Content

You represent and warrant that you are the rightful owner of the User Content you upload to the Services, or that you have obtained, and will continue to have, all necessary licenses, rights, consents and permissions from the owners thereof, and that such User Content does not infringe any third-party intellectual property, privacy or publicity rights. To the extent your User Content is protected under applicable copyright law, it shall remain, at all times and to the extent permitted by law, your sole and exclusive property, and the Company does not claim any ownership therein. However, the Company requires certain licenses to your User Content for business purposes and to enable the various functions of the Services. Accordingly, by uploading, posting, publishing or otherwise making available any User Content via the Services, you grant the Company a perpetual, non-exclusive, royalty-free, worldwide license to store and use such User Content for the purpose of providing the Services and for any other legitimate business purposes of the Company.

THE USER CONTENT THAT YOU SUBMIT ON OR VIA THE SERVICES IS PUBLICLY AVAILABLE TO OTHER USERS, OR TO THIRD PARTIES WITH WHOM YOU HAVE SHARED IT OR OTHERWISE ENABLED ACCESS TO IT, AND IS THEREFORE DEEMED NON-CONFIDENTIAL. YOU HEREBY WAIVE: (I) ANY PRIVACY OR PUBLICITY RIGHTS WITH RESPECT THERETO; AND (II) ANY CLAIM AGAINST THE COMPANY RELATING TO WHO DID OR DID NOT RECEIVE SUCH USER CONTENT, FOR ANY REASON.

You understand and agree that you are solely responsible for your User Content and for the consequences of posting or publishing it. The Company shall bear no liability for any loss, damage, cost or expense you may suffer or incur as a result of, or in connection with, uploading any User Content. 

You agree not to post or upload any User Content that: (i) is unlawful for you to possess, post or upload in your country of residence; (ii) would be unlawful for the Company to use or possess in connection with the Services; (iii) infringes the rights of any third party, including, without limitation, intellectual property rights; or  (iv) is defamatory, vulgar, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent, or promotes or induces illegal activity. The foregoing is not an exhaustive list, and the Company reserves the right to further clarify which User Content is considered prohibited for purposes of these Terms. You expressly agree that your User Content will not include any unsolicited promotions, advertising, contests or raffles.

Although the Company has no obligation to screen, edit or monitor any User Content, it explicitly reserves the right, at its sole discretion and without prior notice, to remove or edit any User Content at any time and for any reason. You are solely responsible for creating backup copies of your User Content and for replacing any User Content you post via the Services, at your sole expense. The Company assumes no responsibility or liability for any User Content uploaded, posted, published or made available by you or any third party, or for any loss or damage thereto, nor for any mistakes, defamation, libel, falsehoods, obscenity or pornography that you or any third party may encounter. 

The Company may impose limits on the use of the Services, including limitations on the size of, and storage space available for, User Content. 

IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER APPLICABLE LAW REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS THAT IS INCLUDED IN THE USER CONTENT, AND TO COMPLY WITH ALL APPLICABLE LAWS REGARDING SUCH INFORMATION.

As a viewer of User Content shared by others, if you find that any User Content is offensive, harmful, inaccurate, misleading, or posted in violation of these Terms, please stop viewing it and promptly contact the User who shared it with you.

Without derogating from the foregoing, the Company may monitor User Content in order to: (i) comply with legal requirements or respond to any legal process; (ii) safeguard the Services or ensure User compliance with these Terms; and/or (iii) protect and secure the Company's interests, rights and property.

The Services may include a gallery of pre-designed templates for use with your Landing Pages. Templates constitute the Company's Content and remain the sole property of the Company and/or its licensors. Templates are provided "as is", without any warranty as to their accuracy, suitability or fitness for any purpose, and the Company may add, modify, remove or discontinue any template at any time, at its sole discretion and without notice.

  1. Registration, Cancellation and User Account

Users who wish to access and use the Services must open a User account via the Site and/or App (the “Account”) by completing the applicable registration form, which requires you to provide certain personal information, as further detailed in the Privacy Policy. If you provide a mobile phone number, the Company may use it to send you text messages as described in the "Messages" section of these Terms, which also sets out how you may opt out of marketing text messages.  

You must safeguard your Account's username and password, not disclose them to others, and supervise all use of your Account. You must provide accurate and complete information when creating your Account, must not misrepresent your identity or Account information, and must keep such information up to date and accurate.  

You are solely and fully responsible for maintaining the confidentiality of your password and Account and for all activities that occur under your Account. If the Company believes, in good faith, that 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 duties under the Account without the Company's prior written consent. You must notify the Company immediately of any unauthorized use of your Account or any other breach of security and, in such events, act in accordance with the Company’s reasonable instructions. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms, i.e., if someone else accesses your Account through registration information 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.

The Company may suspend access to your Account if it believes, in its sole discretion, that one (or more) of the following events have occurred: (a) there is a risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of the Company's network or servers; (c) suspension is needed to protect the rights, property or safety of the Company, its Users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; and/or (f) the Company is required to do so by law. The Company may provide you with notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account. If the Company determines, in its sole discretion, that the reason for the suspension has been resolved, it will restore access to your Account.

If you wish to either change your log-in details, or cancel and remove your Account, you may send the Company an e-mail request to support@boards.zendesk.com. Your Account on the Site and/or App will terminate within a reasonable time following your request, and from the date of termination you will no longer be able to access your Account. 

CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF THE FEATURES OR CAPACITY OF YOUR ACCOUNT. THE COMPANY DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

  1. Use Restrictions

Certain conduct is strictly prohibited when using the Services. Please read the following restrictions carefully. Failure to comply with any provision set forth herein may result, at the Company’s sole discretion, in the termination of your use of the Services and may also expose you to civil and/or criminal liability.

You may not (and you may not permit any third party to), unless otherwise explicitly permitted under these Terms: (a) use the Services for any illegal, immoral, unlawful and/or unauthorized purpose; (b) remove or disassociate, from the Services, any restrictions and signs indicating proprietary rights of the Company or its licensors, including without limitation any proprietary notices contained in such materials (such as ©, ™, or ®), and you represent and warrant that you will abide by all applicable laws in this respect; (c) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, search or retrieval application, or other manual or automatic device, process or method, to access the Services and retrieve, index and/or data-mine information; (d) interfere with or disrupt the operation of the Services or the servers or networks that host them, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (e) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Services; (f) take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Company's platform infrastructure, as determined by the Company; (g) bypass any measures the Company may use to prevent or restrict access to the Services; (h) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made available by the Company through the Services, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (i) copy, distribute, display, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material subject to the Company’s proprietary rights, including the Company’s Intellectual Property (as defined below), in any way or by any means, unless expressly permitted under applicable law; (j) make any use of the Content on any other site or networked computer environment for any purpose without the Company's prior written consent; (k) create a browser or border environment around the Content (no framing or inline linking is allowed); (l) sell, license, or exploit for any commercial purpose any use of or access to the Services and/or Content;  (m) frame or mirror any part of the Services without the Company's prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the Services; (o) transmit or otherwise make available in connection with the Services any virus, worm, Trojan horse, time bomb, spyware, or other similar computer code that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (p) use the Services for any purpose for which they are not intended; and/or (q) infringe or violate any of these Terms.

  1. Privacy Policy 

The Company respects your privacy and is committed to protecting the information you share with it. The Company believes that you have a right to know its practices regarding the information it collects when you connect to, access or use the Services. The Company's policies and practices, and the type of information collected, are described in detail in its Privacy Policy at https://www.boards.com/privacy, which is incorporated herein by reference. You agree that the Company may use and process personal information that you provide or make available to it in accordance with the Privacy Policy, including the use of your contact details, such as your e-mail address and mobile phone number, to send you communications, including text messages, as described in the "Messages" section of these Terms and in the Privacy Policy. Such communications may be sent through third-party service providers engaged by the Company. If you intend to access or use the Services, you must first read and agree to the Privacy Policy.

  1. Intellectual Property Rights 

The Services (including the Company's technology and platform) and the Content included therein, and all intellectual property rights pertaining thereto, including without limitation 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. These Terms do not convey to you any interest in or to the Company's Intellectual Property, but only a limited, revocable right of use in accordance with these Terms. Nothing in these Terms constitutes a waiver of the Company's Intellectual Property under any law. 

Use of any of the Company's registered or unregistered trademarks, service marks or logos, and of all other third-party trademarks, service marks, trade names and logos which may appear on the Services, is strictly prohibited and may constitute a violation of applicable trademark laws.

Subject to the terms hereof, the Company hereby grants to you, and you accept, a personal, non-exclusive, non-transferable, non-sublicensable and fully revocable limited license to use the Services (including the Content) during your Subscription Period, in accordance with these Terms.

To the extent you provide any feedback, comments or suggestions to the Company regarding the Services, whether within the Services or otherwise (collectively, "Feedback”), the Company shall have an exclusive, royalty-free, fully paid-up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services and any of the Company's current or future products, technologies or services, and to use such Feedback for any purpose, all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. You further warrant that your Feedback is not subject to any license terms that would purport to require the Company to comply with any additional obligations with respect to any of its current or future products, technologies or services that incorporate any Feedback. 

  1. Linking to the Site and Links to Third-Party Sites 

The Company welcomes links to any page on its Site and/or App. You are free to establish a hypertext link to the Site and/or App so long as the link does not state or imply any connection with, or approval by, the Company of your website and/or products, and does not portray the Company in a false or otherwise offensive manner. You may not link to the Company's Site and/or App from a site that you do not own or do not have permission to use. If you link to the Company's Site and/or App, you represent that your site does not contain content that is unlawful, offensive, or infringing of third-party rights. However, the Company does not permit framing or inline linking. 

Certain links provided herein may permit Users (or a User's customers, with respect to Landing Pages) to leave the Services and enter non-Company sites. These linked sites and services are not under the Company's control, and the Company is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content, including without limitation advertising, products or other information, on or available from such linked sites and services, or any link contained therein. In addition, the Company is not responsible or liable for such linked sites' and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content, and your dealings with such third parties, are at your sole risk and expense. The Company reserves the right to terminate any link at any time. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any site, content, products or other materials available on or through such linked sites or resources. Most such linked sites and services provide legal documents, including terms of use and a privacy policy, governing their use. The Company encourages you to read such documents carefully before using those sites and services, in order to understand, among other things, what information about you is being collected.

  1. Usage Rules

Since you are downloading the App from a third-party platform, service provider, or distributor (the "Platform Provider”), your use of the App may also be governed by usage rules established by the Platform Provider in relation to your use of the App (the "Usage Rules”). Certain Usage Rules are described below, but other Usage Rules may apply, and it is your responsibility to determine which additional Usage Rules apply to your use of the App. You undertake to comply with all applicable Usage Rules, which are incorporated herein by reference. In the event of a conflict between these Terms and any applicable Usage Rules relating solely to the Platform Provider’s representations, warranties, restrictions on use of the App, obligations, or limitation of liability (to the extent applicable to the Platform Provider), or other provisions imposing responsibility on the Platform Provider, the applicable Usage Rules shall prevail. You represent that you are not prohibited by any applicable law or Usage Rules from downloading and/or using the App. Any download or use of the App by a person so prohibited is expressly forbidden.

Apple Inc. 

The following applies to you if you downloaded the App from the Apple App Store (the “Licensed Application“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and the Company, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing; and (iv) Apple has no obligation to furnish any maintenance and support services with respect to the Licensed Application.

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to the Company as provider of the App.

The Company and you acknowledge that the Company, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use thereof infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary thereof.

  1. Special provisions relating to Third-Party Components 

The Services may use or include third-party software, files and components that are subject to open source and third-party license terms (the "Third-Party Components“). Your right to use such Third-Party Components as part of, or in connection with, the 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 any Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail with respect to such Third-Party Components. These Terms do not apply to any Third-Party Components accompanying or contained in the Services, and the Company disclaims all liability related thereto. You acknowledge that the Company is not the author, owner or licensor of any Third-Party Components, and that the Company makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of any Third-Party Components. Under no circumstances shall the Services or any portion thereof (except for the Third-Party Components contained therein) be deemed "open source“ or “publicly available“ software.

  1. Changes to the Services and Updates 

The Company reserves the right to modify, correct, amend, enhance, improve, or otherwise change, or to discontinue, temporarily or permanently, the Services (or any part thereof, including without limitation the Content), without notice, at any time. You further acknowledge that the Content provided through the Services may be changed, extended, or removed at any time without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services or the Content included therein, and that the Company is not responsible for any errors or malfunctions that may occur in connection with any such changes. 

If the Company supplies any updates, upgrades or new versions of the App (the "Updates“) in accordance with its then-current policies, such Updates may be applied automatically, with or without additional notice to you, and these Terms shall govern any such Updates unless accompanied by a separate license agreement, which shall prevail; all references herein to the App shall include such Updates. For clarity, the Company has no obligation to provide Updates.

  1. Availability 

The availability and functionality of the Services depend on various factors, such as communication networks. The Company does not warrant or guarantee that the Services will operate or be available at all times without disruption or interruption, or that they will be immune from unauthorized access or free of errors.

  1. Disclaimer of Warranties

THE FOLLOWING DISCLAIMERS ARE IN ADDITION TO ANY OTHER WARRANTY DISCLAIMERS CONTAINED IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. THE COMPANY, INCLUDING ITS OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS, SUB-CONTRACTORS AND SUPPLIERS (COLLECTIVELY, "COMPANY REPRESENTATIVES”), DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER APPLICABLE LAW THAT THESE TERMS CANNOT CHANGE.

WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (III) THE SERVICES WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, SOFTWARE OR EQUIPMENT; OR (IV)  USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT. THE COMPANY AND THE COMPANY REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE IN ANY CONTENT OR INFORMATION DISPLAYED WITHIN THE SERVICES, OR FOR ANY LOSSES RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS.

THE COMPANY IS NOT RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM TECHNICAL PROBLEMS, INCLUDING THOSE RELATING TO THE INTERNET OR ANY TELECOMMUNICATIONS PROVIDER, SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, SERVER OVERLOAD, OR DELAYS OR INTERRUPTIONS.

YOU AGREE THAT YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.

AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE MAY NOT APPLY TO YOU.

TO THE EXTENT THE SERVICES INCLUDE ANY FEATURE, TOOL OR FUNCTIONALITY THAT UTILIZES ARTIFICIAL INTELLIGENCE OR MACHINE LEARNING TECHNOLOGY (COLLECTIVELY, "AI FEATURES"), SUCH AI FEATURES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE OF, OR RELIANCE ON, ANY AI FEATURE OR ITS OUTPUT IS AT YOUR SOLE DISCRETION AND RISK. AI-GENERATED OUTPUT MAY BE INACCURATE, INCOMPLETE OR OTHERWISE UNSUITABLE FOR YOUR PURPOSES, AND YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING ANY SUCH OUTPUT BEFORE USING OR RELYING ON IT. THE COMPANY DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF ANY AI FEATURES.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR THE COMPANY REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING LOSS OF GOODWILL, PROFITS OR DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATING TO THE SERVICES, YOUR USE OF OR INABILITY TO USE THE SERVICES, OR THE FAILURE OF THE SERVICES TO PERFORM AS DESCRIBED OR EXPECTED, EVEN IF THE COMPANY OR THE COMPANY REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S AND THE COMPANY REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES ARISING FROM OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO THE COMPANY FOR THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR US$1.00, WHICHEVER IS GREATER. ANY LIMITATION OF LIABILITY APPLICABLE TO A MARKETPLACE IS SET FORTH IN ITS OWN TERMS OF USE. YOU WAIVE ANY RIGHT TO SEEK CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM THE COMPANY OR THE COMPANY REPRESENTATIVES.

AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE MAY NOT APPLY TO YOU.

  1. Indemnification 

You agree to indemnify, defend and hold the Company and the Company Representatives harmless from any loss, liability, claim, debt, expense or demand, including reasonable attorneys’ fees, arising from or relating to: (i) your use, misuse of, inability to use, and/or activities in connection with the Services; (ii) your violation of these Terms and/or applicable law; (iii) your violation of any third-party rights, including without limitation any intellectual property or privacy rights, in connection with your use of the Services (including without limitation by way of collecting and processing Customer Relations Information); (iv) any User Content (including any third-party claims against the Company in connection therewith); and (v) any damage of any sort, whether direct, indirect, special or consequential, that you may cause to any third party or User in connection with the Services. This defense and indemnification obligation shall survive these Terms. Without derogating from the foregoing, the Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations hereunder and in which event you shall fully cooperate with the Company in asserting any available defense. You agree not to settle any matter subject to indemnification by you without the Company's prior express written approval.

  1. Amendments to the Terms 

The Company may, at its sole discretion, change these Terms from time to time, including any policies incorporated herein, so please revisit this page frequently. In the case of any material change, the Company will make reasonable efforts to post a clear notice on the Services and/or send you an e-mail (to the extent you have provided the Company with an e-mail address) regarding such change. Material changes shall take effect seven (7) days after such notice is posted or sent, whichever is earlier. All other changes to these Terms are effective as of the stated “Last Revised” date, and your continued use of the Services thereafter shall constitute acceptance of, and agreement to be bound by, such changes. To the extent these Terms are amended to comply with legal requirements, such amendments may take effect immediately, or as required by law, without prior notice.

  1. Termination and Suspension 

These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of such failure, the Company may immediately, temporarily or permanently, limit, suspend or terminate your Account. If you object to any provision hereof, as may be amended from time to time, or become dissatisfied with the Services, you may terminate these Terms at any time by uninstalling the App and discontinuing your use of the Services, which shall be your sole remedy in such circumstances. Upon termination of these Terms due to your failure to comply herewith: (i) the license and all other rights granted to you hereunder shall automatically terminate; (ii) you must immediately cease all use of the Services and delete and destroy all copies of the App in your possession or control, and certify such destruction to the Company if so required; and (iii) the provisions of these Terms that, by their nature and content, must survive termination in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections shall survive termination of these Terms.

The Company may, at any time and at its sole discretion, discontinue your use of the Services without notice, in addition to any other remedies available to it under applicable law. The Company may also, at any time and at its sole discretion, cease operation of the Services or any part thereof (temporarily or permanently), delete or modify any information or Content, or make other changes, all without prior notice. You acknowledge that the Company assumes no responsibility in connection with any termination of the Services or any resulting loss of data. Failure to comply with any use restriction set forth in these Terms may result, at the Company’s sole discretion, in termination of your use of the Services, and may also expose you to civil and/or criminal liability.

  1. General

(a) These Terms (and, where applicable, the Program T&C) constitute the entire agreement between you and the Company relating to the subject matter herein and supersede all prior or contemporaneous agreements or understandings, written or oral, between you and the Company. (b) These Terms shall be governed by the laws of the State of Israel, and you irrevocably agree to the exclusive jurisdiction of the competent courts of Tel Aviv over any dispute arising out of, under, or in connection with these Terms. YOU AGREE THAT NO CLAIM ARISING OUT OF THESE TERMS OR YOUR USE OF THE SERVICES MAY BE BROUGHT AS A CLASS ACTION. (c) These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchise relationship between the parties. (d) No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. Headings and captions are inserted for convenience only and do not define or explain any section or provision. (e) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER IT ACCRUES, FAILING WHICH SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. (f) If any provision hereof is held unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect, adhering most closely to the intent expressed herein. (g) You may not assign or transfer these Terms, or any rights or obligations hereunder, without the Company's prior written consent, and any purported assignment in violation of the foregoing shall be void. The Company may assign or transfer these Terms without restriction or notice to you. (h) No amendment hereof shall be binding unless in writing and signed by the Company. (i) All correspondence relating to these Terms shall be in the English language.

  1. For information, questions or notification of errors, please contact: 

If you have any questions or comments concerning these Terms, or need support regarding the Services, please email support@boards.zendesk.com, and the Company will make reasonable efforts to respond within a reasonable timeframe.    

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