These Terms of Service form the agreement (“Agreement”) between you as a user (“you”) and 1KBanks.com (“Provider”) regarding your use of websites, software (including software applications, mobile applications, and APIs), and other services of Provider (collectively, the “Services”). If you are using the Services on behalf of an organization, the term “you” refers to such organization.
1. SERVICES.
1.1. Your Services. The scope of your Services is described in your order form, invoice, or other mutually agreed document which details the business terms
1.2. Users. You and your Authorized Users may use the Services as permitted by the Subscription Terms. “Authorized User” means anyone you authorize to access and use the Services under your account. You are responsible for the actions of your Authorized Users. If you are an Authorized User of an organization, you agree that (i) the organization owns the account, including its content, and may at any time access, use, control, and disable your account and its content; (ii) the organization will have access to your data contained in the Services; and (iii) if the organization owns two or more accounts, it may transfer Authorized Users between its accounts without notice. If you use an email address procured for you by your organization (such as work email) to create your Services account, the organization owns the account. If you do not want your organization to access, use, or control your account, do not use an email address procured by your organization in connection with the Service.
1.3. Use by Children. Our Services are not designed for or marketed to children under 18. If you use the Services to gather personal information about minors, then you are responsible for obtaining appropriate consent from the minor’s parent or legal guardian.
1.4. Account Access Credentials. You are responsible for keeping control of your account access credentials (such as login, password, two-factor authentication codes, and backup codes) and for keeping it confidential, safe, and up to date. If you lose your credentials (including deleting or losing access to your email), you may not be able to restore access to your account and Your Content.
2. AGREEMENT.
The Agreement is the entire agreement between the parties with respect to your access and use of the Services. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter and prevails over any inconsistent or conflicting terms contained in any documents, communications, or discussions. In case of a conflict or inconsistency between these Terms and any other document that forms the Agreement, these Terms will control unless another document explicitly states that it overrules these Terms.
3. CONTENT OWNERSHIP.
3.1. Your Content. “Your Content” means your documents, communications, personal information, and other content you, including your Authorized Users, upload into or use with the Services. Between you and Provider, you own all rights to Your Content. You are responsible for ensuring that Your Content complies with the law.
3.2. Provider Content. “Provider Content” means documents, communications, data, including aggregated and anonymized data about the use and performance of the Services, and other content provided by Provider as part of the Services or as part of Provider’s business operations. Between you and Provider, Provider owns all rights to Provider Content. Provider Content is considered Free Services unless it is expressly included as part of the Services in your Subscription Terms (such as Provider’s proprietary document templates). Provider Content does not become Your Content even if you subscribe to it or download it. All rights not expressly granted in this Agreement are reserved by Provider. No rights are granted by implication, waiver, or estoppel.
3.3. Feedback. If you provide an idea, suggestion, information, or feedback relating to the Services (“Feedback”), including, without limitation, new features or functionality, by this Agreement you assign to Provider all rights, including all copyright, patent, and other intellectual property rights in all of your Feedback to Provider. This includes Feedback submitted to Provider via support tickets, email, chat, survey, product review, or community forum. Where assignment is prohibited by law, you grant Provider and its affiliates an exclusive (even as to you), transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use all Feedback.
4. CONFIDENTIALITY.
4.1. Definition of Confidential Information. All non-public information disclosed by a party (the “disclosing party”) to the other party (the “receiving party”) that the receiving party knows or reasonably should know is confidential to the disclosing party is “Confidential Information,” except for the information which: (a) becomes publicly available through no fault of the receiving party; (b) is known by the receiving party at the time of receiving such information without confidentiality obligations; (c) is obtained by the receiving party on a non-confidential basis from a third party that was not restricted from disclosing such information; or (d) is independently developed by the receiving party without the use of Confidential Information.
5. CHANGES TO THE AGREEMENT.
PROVIDER MAY FROM TIME TO TIME PROPOSE CHANGES TO THIS AGREEMENT BY POSTING AN UPDATED VERSION OF THE AGREEMENT ON ITS WEBSITES. PROVIDER WILL NOTIFY YOU OF SUCH UPDATED VERSION THROUGH YOUR ACCOUNT OR BY OTHER REASONABLE MEANS IF ANY PROPOSED CHANGES TO THE AGREEMENT ARE MATERIAL. EXCEPT FOR CHANGES REQUIRED FOR COMPLIANCE WITH THE LAW, WHICH WILL BE EFFECTIVE IMMEDIATELY, ANY PROPOSED CHANGES THAT ARE MATERIAL WILL BE EFFECTIVE AS OF YOUR NEXT SUBSCRIPTION PERIOD. IF YOU WISH TO REJECT SUCH CHANGES, YOU WILL TERMINATE THIS AGREEMENT AS PERMITTED BY ITS TERMS.
