or

TERMS OF SERVICE

LAST REVISED ON: DECEMBER 8, 2011

The website located at www.inboxfever.com (the “Site”) is a copyrighted work belonging to Veezyon Corporation (“InboxFever”, “us”, and “we”). InboxFever provides e-mail based applications and services (collectively, including the InboxFever Apps and API, the “Services”). More specifically, the InboxFever provides applications for end-users and an API and architecture for developers. This Agreement applies to both Developers and End Users. As used herein, “End User” means an end user of a Developer App or an InboxFever App. Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

THESE TERMS OF SERVICE (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES OR ACCEPT THE AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES.

1. ACCOUNTS. In order to use certain features of the Site (e.g., to use the Services), Developers must register for an account with InboxFever (“Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. InboxFever may suspend or terminate your Account in accordance with Section 9. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify InboxFever of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. InboxFever cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. LICENSES
  • 2.1 Site License. Subject to the terms of this Agreement, InboxFever grants you a non-transferable, non-exclusive, license to use the Site for your personal, noncommercial use.
  • 2.2 InboxFever App License. If you are an End User, subject to the terms of this Agreement, InboxFever grants you a non-transferable, non-exclusive, license to use the InboxFever App for your personal, noncommercial use.
  • 2.3 API License. If you are a Developer, please see the API License Addendum attached hereto and incorporated herein by this reference.
  • 2.4 Certain Restrictions. Except as set forth in the API License Addendum, the rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
  • 2.5 Modification. InboxFever reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that InboxFever will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
  • 2.6 No Support or Maintenance. You acknowledge and agree that InboxFever will have no obligation to provide you with any support or maintenance in connection with the Site or Services.

  • 3. OWNERSHIP.
  • 3.1 “Intellectual Property Rights” means all present and future worldwide copyrights, trademarks, trade secrets, patents, patent applications, mask work rights, moral rights, contract rights, and other proprietary rights recognized by the laws of any country. You acknowledge that the Site and Services (and all Intellectual Property Rights therein) are owned by InboxFever or InboxFever’s licensors. Subject to InboxFever’s rights in the API, the Developer App (and all worldwide Intellectual Property Rights therein) are the exclusive property of Developer and its licensors. InboxFever and its suppliers reserve all rights not granted in this Agreement. InboxFever does not license to Developer any rights to any InboxFever trademark, trade name, or logo. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to any or all Intellectual Property Rights therein.
  • 3.2 If you provide InboxFever any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to InboxFever all rights in the Feedback and agree that InboxFever shall have the right to use such Feedback and related information in any manner it deems appropriate. InboxFever will treat any Feedback you provide to InboxFever as non-confidential and non-proprietary. You agree that you will not submit to InboxFever any information or ideas that you consider to be confidential or proprietary.

    4. INDEMNITY. You agree to indemnify and hold InboxFever (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your violation of this Agreement; (c) your violation of applicable laws or regulations (including any privacy laws), and (e) if you are a Developer, your Developer App. InboxFever reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of InboxFever. InboxFever will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

    5. THIRD PARTY SITES & ADS; DEVELOPERS
  • 5.1 Third Party Sites & Ads. The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of InboxFever and InboxFever is not responsible for any Third Party Sites & Ads. InboxFever provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
  • 5.2 Developers. Each Developer is solely responsible for any and all of its Developer Apps. Because we do not control Developers or their Developer Apps, you acknowledge and agree that we are not responsible for any Developers or their Developer Apps and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Developers or their Developer Apps, and we assume no responsibility for any Developers or their Developer Apps. Your interactions with Developers or their Developer Apps are solely between you and such Developer. You agree that InboxFever will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Developer, we are under no obligation to become involved.
  • 5.3 Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, Developers, Developer Apps or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

    6. DISCLAIMERS THE SITE AND SERVICES (INCLUDING THE COMPANY APP AND API) ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES (INCLUDING THE COMPANY APP AND API): (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

    7. LIMITATION ON LIABILITY IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES (INCLUDING THE COMPANY APP AND API), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES (INCLUDING THE COMPANY APP AND API) ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE SITE, OR SERVICES (INCLUDING THE COMPANY APP AND API) (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, OR SERVICES (INCLUDING THE COMPANY APP AND API). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    8. TERM AND TERMINATION. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Site and Services will terminate immediately. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.5 – 2.7, and 4–10.

    9. GENERAL
  • 9.1 Changes to Terms of Service. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
  • 9.2 Arbitration Agreement And Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause. All controversies, disputes, demands, counts, claims, or causes of action between you and InboxFever, including disputes arising out of, under, or related in any way to this Agreement or our privacy practices, shall exclusively be settled through binding arbitration.
  • (a) Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).
  • (b) You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
  • (c) You and InboxFever must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by you and InboxFever, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR INBOXFEVER MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, InboxFever will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (g) InboxFever also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator shall honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or InboxFever shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/InboxFever customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.
  • (d) Notwithstanding the foregoing, either you or InboxFever may bring an individual action in small claims court. In addition, if you are a user outside of the United States, Section 11(b) of the Privacy Policy (Dispute Resolution for Users Outside of the United States), and not this arbitration provision, shall apply. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration provision. Such claims shall be exclusively brought in the state or federal courts located in Denver County, Colorado. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief before the state or federal courts located in Denver County, Colorado in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of the courts located within Denver County, Colorado for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
  • (e) With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither You nor InboxFever shall be entitled to arbitration. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and InboxFever shall be exclusively brought in the state or federal courts located in San Francisco County, California.
  • (f) For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
  • 9.3 Choice Of Law. The Terms of Service is made under and shall be governed by and construed in accordance with the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
  • 9.4 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to InboxFever is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without InboxFever’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
  • 9.5 Copyright/Trademark Information. Copyright © 2011, Veezyon Corporation. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
  • 9.6 Contact Information: emailrocks@inboxfever.com

    API LICENSE ADDENDUM

    This API License Addendum (“Addendum”) applies to Developers and is incorporated by reference into the Terms of Service (“Agreement”).

  • 1. DEFINITIONS. As used in this Addendum:

  • 1.1 “Binary Code” means the fully compiled version of a software program that can be executed by a computer and used by an end user without further compilation.
  • 1.2 “Developer Apps” means each plug-in and other software application, developed by or for Developer, for End Users to use of the Service.
  • 1.3 “API” means the software program or programs in Source Code or Binary Code form, any documentation provided therewith, and any modified, updated, or enhanced versions of such items that InboxFever may provide to Developer pursuant to this Addendum. For the avoidance of doubt, the API is deemed part of the “Service” (as defined above).
  • 1.4 “API Key” means the code provided by InboxFever that permits Developer to access the API.
  • 1.5 “Source Code” means the human-readable version of a software program that can be compiled into Binary Code.

    2. LICENSE.

  • 2.1 Grant. Subject to the terms and conditions of this Addendum, InboxFever grants to Developer a limited, non-exclusive, non-transferable, license under all of InboxFever’s Intellectual Property Rights in the API to: (a) internally use the API Key to access the API, (b) internally use, perform, display, reproduce, modify, and create derivative works of the API, in Binary Code form or Source Code form, all solely as necessary to develop, maintain and support the Developer App, in accordance with the specifications included in the API; (c) provided that the Developer App is certified in accordance with Section 2.2, reproduce and distribute copies of the API (in its original form or as modified), in Binary Code form only, solely as incorporated into the Developer App to End Users pursuant to a binding written agreement that contains terms no less restrictive than the Minimum EULA Terms set forth below.
  • 2.2 Restrictions. Developer acknowledges that the API and its structure, organization, and Source Code constitutes valuable trade secrets of InboxFever and its suppliers. Accordingly, Developer agrees not to disclose, distribute, sublicense, lease, rent, loan, or otherwise transfer the API (other than those elements incorporated into the Developer App) or the API Key to any third party. Developer must reproduce, on all copies made by or for Developer, and must not remove, alter, or obscure in any way all proprietary rights notices (including copyright notices) of InboxFever or its suppliers on or within the copies of the API. Developer will immediately notify InboxFever if Developer becomes aware of any material breach relating to the API.

    3. DEVELOPER APPS.

  • 3.1 Certification. Developer must submit to InboxFever each Developer App that Developer wishes to distribute, in accordance with the instructions on InboxFever’s website. Within a reasonable period of time after Developer submits the foregoing to InboxFever, InboxFever will use commercially reasonable efforts to evaluate the Developer App and notify Developer of whether or not InboxFever, in its sole discretion, approves of the Developer App. If Developer does not receive notice within sixty days after submission of an Developer App, the Developer App will be deemed not approved. Developer grants to InboxFever a non-exclusive license to internally use, perform, display, reproduce, modify, and create derivative works of the Developer App to evaluate the Developer App during the term of this Addendum. InboxFever may withdraw its approval for the Developer App at anytime in its sole discretion immediately upon notice to Developer. Upon receipt of such notice, Developer shall promptly cease distribution of the Developer App.
  • 3.2 App Policy. Developer is solely responsible and liable for the Developer App. Developer is solely responsible for supporting the Developer App. The Developer App must comply with the following (the “App Policy”): the Developer App may not (i) violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) violate any laws or regulations (including any privacy laws) or any obligations or restrictions imposed by any third party; (iii) be unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, or patently offensive, or promote racism, bigotry, hatred, or physical harm of any kind against any group or individual, or be otherwise objectionable; (iv) be harmful to minors in any way; (v) contain any computer viruses, worms, or any software intended to damage or alter a computer system or data; (vi) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (vii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent.
  • 3.3 Minimum EULA Terms. The following constitute the “Minimum EULA Terms”: (a) The End User must accept InboxFever’s Terms of Service and Privacy Policy. (b) Title to and ownership of the API remains with InboxFever and its suppliers. (c) The End User may not (i) copy, alter or modify the API, (ii) reverse engineer, decompile, disassemble, or in any way attempt to derive the Source Code for the API, or (iii) use the API except as embedded within the Developer App. (d) All express and implied warranties regarding the API by InboxFever and its suppliers are disclaimed. (e) All consequential, special, and indirect damages are disclaimed on behalf of InboxFever and its suppliers. (f) The End User must grant the Developer all rights (including consents and licenses) needed from the End User for Developer to grant InboxFever the applicable licenses. (g) Developer’s privacy policy must comply with all applicable privacy laws.

    4. CONFIDENTIALITY. “Confidential Information” includes the API Key and API and any other materials of InboxFever that InboxFever designates as confidential or which Developer should reasonably believe to be confidential. Developer shall hold InboxFever’s Confidential Information in confidence and shall neither disclose such Confidential Information to third parties nor use InboxFever’s Confidential Information for any purpose other than as necessary to perform under this Addendum. Developer agrees to limit access to the Confidential Information to those employees, agents, and representatives who are necessary for Developer to perform its obligations under this Addendum. All such employees, agents, and representatives must have a written confidentiality Addendum with Developer that is no less restrictive than the terms contained herein. Developer will protect the Confidential Information from unauthorized use, access, or disclosure in the same manner as Developer protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. The foregoing restrictions on disclosure shall not apply to Confidential Information that is (a) already known by Developer; (b) becomes, through no act or fault of Developer, publicly known; (c) received by Developer from a third party without a restriction on disclosure or use; or (d) independently developed by Developer without reference to InboxFever’s Confidential Information. This Section 4 will survive expiration or termination of this Addendum for any reason.

    5. TERMINATION. Either party may terminate this Addendum, effective immediately upon written notice to the other party, if such other party breaches any provision of this Addendum and does not cure the breach within thirty (30) days after receiving written notice thereof. InboxFever may terminate this Addendum for convenience upon providing sixty (60) days notice to Developer. Upon termination or expiration of this Addendum for any reason, all licensed rights granted in this Addendum to Developer will immediately cease to exist.