Terms of Service

These Terms of Service (these “Terms”) shall apply to customer’s (the “Customer”) use of the proprietary Platform (as defined below) of Entail AI Ltd. (“Entail”), and receipt of the Services (as defined below) from Entail (the Services and the Entail Service, collectively, the “Entail Service”). Customer’s execution of one or more ordering documents for the Entail Service (which documents may be in electronic or digital format or in any other tangible format) (each such ordering document, an “Order”) referencing these Terms, and/or Customer’s access to or use of the Entail Service, shall be deemed Customer’s agreement to these Terms. These Terms and all Orders which have been executed by Customer and by Entail (collectively referred to as the “Agreement”) represent the parties’ entire understanding regarding the Entail Service and shall govern over any different or additional terms of any Order and no terms included in any such Order shall apply to the Entail Service unless such different terms are stated specifically in a mutually signed Order.

Upon the earlier of, Customer’s access and/or use of the Entail Service and/or upon Customer’s execution of an Order, Customer acknowledges that it has read these Terms, understands them, and agrees to be bound by them. If Customer is unwilling to accept any part of these Terms, it cannot use the Entail Service.

Customer declares that by acceptance of these Terms and/or by using the Entail Service it is of legal age and capacity to form a binding contract with Entail. If Customer is accepting these Terms on behalf of a company or other legal entity, Customer represents and warrants that it has the authority to bind such entity to the terms and conditions contained herein. Customer may not use the Entail Service and may not accept these Terms if it is an entity and/or person barred from receiving access and use of the Entail Service under the laws of the country in which it is a resident or from which it uses the Entail Service.

Certain Definitions

The following capitalized terms shall have the following meaning:
1. “Articles” means web articles created by Entail for Customer, as part of the Managed Services.
2. “Data” means (both or any of, as may be applicable) the following data types provided to Entail by its customers, through their websites and analytics tools:
  1. “Traffic Data” means data regarding the traffic on Customer’s website.
  2. “Conversion Data” means data regarding actions visitors take on customer’s site, including clicks, adding items to their shopping cart, placing orders, booking demos, etc. .
3. “Content Pages” means web pages appearing on Customer’s website, containing the Articles.
4. “Platform” means a proprietary Software-as-a-Service platform, developed, managed and commercialized by Entail, which allows its customers to publish written content on their websites in order to attract their target audiences. The term “Platform” includes any revisions, updates, upgrades, improvements, additions, add-ons and/or derivative works to and of the Platform, as may be made, developed, conceived, invented, created, reduced to practice and/or made available, by Entail, alone or in concert with any others, including without limitation, Customer.
5. “Services” means (both or any of, as may be applicable) the following services provided or made available by Entail to its customers, through the Platform, in each case as may be further detailed in any Order or as may be changed, updated, revised and/or expanded, at any time, by Entail, whether generally or in each specific instance:
  1. “SaaS” means Software as a service.
  2. “Managed Services” means the service of analyzing SEO data, selecting content topics, creating and publishing content on customers’ sites.
  3. If and as applicable, any Post-Termination Services.

The Entail Service
1. Subject to Customer’s compliance with the terms and conditions of the Agreement and payment of all applicable fees, Entail hereby provides Customer (i) with the right to access and use the Platform, and (ii) with the Services, in each case, during, and if and as applicable pursuant to Section 8.4 below, after the term of the Agreement.
2. Customer shall be responsible to ensure that its computer, operating systems, computer networks and network connections, telecommunications facilities or mobile device meet all the necessary technical specifications to enable it to access and use the Platform as well as to receive the Services. Entail does not provide Customer with the equipment to access and/or use the Platform and/or to receive the Services. Customer is responsible for all fees charged by third parties related to its receipt, access and/or use of the Entail Service (e.g., charges by Internet service providers or air time charges).

Account Information
1. During the process of creating an account in order to receive and/or access the Entail Service (the “Account”), Customer may be required to provide certain information including the selection of a password (the “Login Information”). The following rules govern the security of the Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of receiving and/or using the Entail Service, that are used to receive and/or access the Entail Service.
  1. Customer shall not share its Account or Login Information, nor let anyone else access its Account or do anything else that might jeopardize the security of the Account.
  2. In the event Customer becomes aware of or reasonably suspects any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of its Login Information or unauthorized access to its Account, Customer must immediately notify Entail and modify its Login Information.
  3. Customer is solely responsible for maintaining the confidentiality of the Login Information, and will be responsible for all uses of its Login Information, whether or not authorized by it.
  4. Customer is responsible for anything that happens through its Account, whether or not such actions were taken by it, including, for the avoidance of doubt, actions taken by third parties. Customer therefore acknowledges that its Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal.
  5. Customer undertakes to monitor its Account and restrict use by any individual barred from accepting these Terms and/or receiving and/or using the Entail Service, under the provisions listed herein or any applicable law. Customer shall accept full responsibility for any unauthorized use of or access to the Entail Service by any of the above mentioned.
  6. Entail reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
2. Any personal information Customer provides when creating or updating the Account, which may include Customer’s name, age, birth date, gender, address, geographic location, e-mail address, picture and any such other information, will be held and used in accordance with Entail’s Privacy Policy that is available https://entail.ai/privacy-policy, as may be amended and/or updated by Entail from time to time (the“Privacy Policy”), which constitutes an integral part of these Terms. Customer agrees that it will supply accurate and complete information to Entail, and that it will update that information promptly after it changes. Customer represents and warrants that it has full right and authority to provide Entail with the foregoing information, including, without limitation, any third party’s consent (to the extent required under any applicable law).

Rules of Conduct and Usage

Customer represents and warrants that it has full right and authority to receive and use the Entail Service and to be bound by these Terms. Customer agrees that it will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern its receipt and use of the Entail Service. Without limiting the foregoing and in recognition of the global nature of the Internet, Customer agrees to comply with all local and international rules regarding online conduct. Customer also agrees to comply with all applicable laws affecting the transmission of content or the privacy of persons including but not limited to all laws governing deceptive trade practices and/or online marketing and/or advertising and refraining from using the Entail Service for the sending of unsolicited emails in violation of applicable law or for the transmission of illegal or prohibited content.

The Data

Customer hereby acknowledges and agrees that as part of provision of the Entail Service, Entail stores the Data on its servers, and has the right to continue storing the Data (or any portion thereof) on its servers even after the termination or expiration of the Agreement. Entail uses the Data for the purposes of providing the Entail Service, and may also use it for its internal business purposes, as more fully set forth in Section 9.2 below. Accordingly, Customer hereby represents and warrants to Entail that Customer has obtained all necessary consents, approvals and permissions from any third parties (including, without limitation, end users of Customer), as may be required under any applicable laws, rules and regulations, in order to allow Entail to store and use the Data as stated herein. Customer acknowledges and agrees that neither Entail nor any of its employees, consultants, directors, officers, managers, shareholders, partners, affiliates, agents and representatives (collectively, the “Entail Parties”), shall bear any responsibility, for any claims, suits, demands and/or causes of action of any kind, related to or made in connection with or originating from Entail’s use and/or storage of Data (or any part thereof) in accordance with these terms, and Customer shall fully defend, indemnify and hold harmless, on first demand, any of the Entail Parties, for, from and against any and all damages, losses, fees, expenses and/or liabilities, arising, directly or indirectly, pursuant to or in connection with or as a result of any such claims, suits, demands and/or causes of action.

Entail Service Availability
1. Entail shall make commercially reasonable efforts to ensure that the Entail Service will be accessible and functional on a continuous basis, twenty-four (24) hours per day, seven (7) days per week, with the exception of scheduled maintenance periods. The foregoing notwithstanding, Customer acknowledges and agrees that the Entail Service may be inaccessible or inoperable at any time and for any reason, including without limitation due to equipment malfunctions, unscheduled maintenance or repairs, or causes that are beyond Entail’s reasonable control or not reasonably foreseeable by Entail, including without limitation interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
  If the Entail Service becomes inaccessible or is not functional, other than due to scheduled maintenance, Entail shall have qualified personnel respond and endeavor to remedy such unavailability or failure of functionality as soon as reasonably possible.
2. Entail uses a variety of security technologies and procedures in accordance with industry standards to help protect unauthorized access to or use of the Entail Service, however, Entail cannot and does not guarantee that we will be successful at doing so. Accordingly, without limitation to any other provisions of these Terms, Customer acknowledges that it bears sole responsibility for adequate security, protection and backup of its data, content, software programs or services it uses in connection with access to or use of the Entail Service. Entail strongly encourages Customer, where available and appropriate, to take measures to protect its data, content, software applications or services, including without limitation using encryption technology to protect from unauthorized access, and to routinely archive as appropriate. In using the Entail Service, Customer agrees to promptly notify Entail if it learns of a security breach related to the Entail Service.
3. Entail may make changes or updates to the Entail Service or any portion thereof (such as infrastructure, security, technical configurations, features, etc.) at any time, including to reflect changes in technology, industry practices and patterns of system use. These Terms will apply to any such changes and/or updates that Entail may make available to Customer. If, in Entail’s reasonable judgment, any such modification to the Entail Service materially reduces its functionality, Entail will endeavor to inform Customer via the e-mail address associated with Customer’s Account no less than 14 days prior to such change. Customer’s continued access and/or use of the Entail Service following such changes or modifications shall be deemed to be Customers acceptance of the revised Entail Service.

Consideration
1. In consideration for the receipt, access and use the Entail Service under these Terms, Customer shall pay Entail the subscription fees upon such terms and dates stated in the Order.
2. All payments to Entail will be made in the currency specified in Entail’s Order form. Such amounts shall be paid by wire transfer or credit card to Entail’s account in accordance with written instructions provided by Entail.
3. All fees payable under the Agreement are non-refundable, net amounts and are payable in full, without any deduction of any kind including for taxes and/or duties. In addition, no amounts shall be deducted, withheld or set off by Customer for any reason whatsoever. Customer will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use and withholding taxes) associated with the Agreement or its use of the Entail Service, except for taxes based on Entail’s net income.
4. Any payments by Customer that are not paid on or before the date such payments are due under the Agreement shall bear interest of one percent (1%) per month. Interest shall accrue beginning on the first day following the due date for payment and shall be compounded quarterly. Entail may use a third party to collect past due amounts. Customer shall be required to pay for all reasonable costs Entail incurs in order to collect any past due amounts. These costs may include reasonable attorneys’ fees and other legal fees and costs.

Term and Termination
1. The Agreement shall commence as of the date set forth in the Order and, unless earlier terminated as set forth below, shall remain in effect until the end of the term stated in the Order.
2. Either party may terminate these Terms if the other party breaches any material term or condition of the Agreement and such breach is not remedied (if capable of being remedied) within 7 days after receiving written notice thereof. Notwithstanding the foregoing, Entail may immediately, by written notice to Customer, suspend or terminate the Agreement if Customer fails to make any timely payment of fees owed to Entail, or in case of breach and/or failure to comply with any of the provisions of Sections 2 (“The Entail Service”), 9 (“Intellectual Property Ownership”), or 10 (“Confidentiality”).
3. Either party shall have the right to immediately terminate the Agreement, upon written notice, in the event the other party files a petition in bankruptcy or is adjudicated as bankrupt or insolvent, or makes an assignment for the benefit of creditors, or an arrangement pursuant to any bankruptcy law, or discontinues its business or has a receiver appointed for its business and such receiver is not discharged within 60 days.
4. Upon termination or expiration of the Agreement, and, if applicable, subject to payment of any prevalent fees of Entail, Customer will notify Entail in writing which of the following options they choose (which fees may be changed at any time and at the sole discretion of Entail):
  1. Continue using Entail’s SaaS without the Managed Services;
  2. Stop using the SaaS and the Managed Services, but continue having the Content Pages on Customer’s website; or
  3. Cancel all connection with Entail, remove the Content Pages from Customer’s site and Export the content.
  Any “Post-Termination Services” are subject to payment by Customer to Entail of any prevalent fees of Entail, as applicable to each specific option chosen by Customer. Such fees may be changed at any time and at the sole discretion of Entail, in which case Entail shall inform Customer of such change and Customer’s continued receipt of such services shall be subject to payment of the updated fees.
  Moreover, Entail may cancel any or all Post-Termination Services at its sole discretion. Further, in the event Customer has chosen option (a) or (b) above, then, notwithstanding the termination or expiration of the Agreement, these Terms shall continue to apply and Customer hereby agree to continue to be bound thereby, for all intents and purposes, mutatis mutandis, for as long as Customer continues receiving any of the aforementioned services.
  
  Notwithstanding the foregoing, Entail may immediately, by written notice to Customer, suspend or terminate the aforementioned services if Customer fails to make any timely payment of fees owed to Entail.
5. Upon termination or expiration of the Agreement, Customer shall promptly, and in any event within 7 days therefrom, pay Entail any outstanding fees owed to Entail under the Agreement.

Intellectual Property Ownership
1. All right, title and interest in and to the Entail Service and any portion thereof, including but not limited to all materials, any computer software (in object code and/or source code form), data or information employed by Entail pursuant to the Agreement (excluding only the Data), and any know-how, methodologies, equipment or processes used by Entail to provide the Entail Service or any portion thereof, including without limitation all patent, copyright, trade secret and any other proprietary rights therein and/or related thereto and/or associated therewith, and any other deliverables provided by Entail to Customer hereunder, including the Content Pages, but only excluding the Data and the Articles, as well as all revisions, updates, upgrades, improvements, additions, add-ons and/or derivative works thereof or thereto, in each case, whether or not patented or patentable, copyrighted or copyrightable, registered or registrable, and in each case, whether made, developed, conceived, invented, created, reduced to practice and/or made available, by Entail, alone or in concert with any others, including without limitation, Customer and/or anyone acting on Customer’s behalf (including Customer’s employees and/or consultants), are and shall remain at all times the sole and exclusive property of Entail, and no rights or license of any kind are hereby granted, expressly or by implication, to Customer or to any other party, except as expressly set forth in Section 2.1 above.
2. Subject always to Entail’s rights described in Section 9.1 above, Customer is and shall be the sole and exclusive owner of all right, title and interest in and to the Articles and the Data. However Customer hereby grants Entail a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, filly paid-up, transferrable, assignable and sublicensable license, under all Customer’s rights in and to the Data, to use, practice, exploit, revise, compile, de-compile, manipulate, combine, translate into any machine-readable or human-readable language and take any and all such other actions in connection with the Data, as Entail may choose in its sole discretion, for the purposes of (i) provision of the Entail Service, and/or (ii) improvement and/or enhancement of Entail’s products and/or services, and for statistical purposes, in which event all rights to such improvements and/or enhancements, shall vest solely and exclusively with Entail, and Customer shall have no rights therein or thereto and shall not be entitled to any kind of consideration therefor.
3. Nothing in these Terms gives a party a right to use any of the other party’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, except that Customer hereby grants Entail a non-exclusive, royalty-free, non-transferrable, revocable license to use Customer’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, as required to provide the Entail Service, or any portion thereof, during the term of the Agreement, and if applicable pursuant to Section 8.4 above, also after the termination or expiration of the Agreement, as long as the Post-Termination Services are being provided to Customer.
4. If Customer provides Entail with feedback concerning the functionality and performance of the Entail Service, from time to time, including, without limitation identifying potential errors, enhancements and improvements, then Customer hereby agrees that any such feedback, suggestions, ideas or other inputs that Customer provides Entail in connection with the Entail Service may be freely used by Entail to improve or enhance Entail’s products and/or services and, accordingly, all rights to such improvements and/or enhancements, howsoever arising, including as a result of any ideas, inputs or information provided by Customer as aforesaid, shall vest solely with Entail, and Customer shall have no rights therein or thereto and shall not be entitled to any kind of consideration therefor.
5. During the course of Customer’s use of the Entail Service, Entail may collect information regarding Customer’s use of the Entail Service, such as information on which tools and/or services in the Entail Service are being used and how they are being used, connection time to Entail’s server, etc. Any such information gathered by Entail will be used in general, aggregated, non-personally identifiable form in connection with evaluating and improving Entail’s products and technology and for statistical purposes. Notwithstanding, the use of any of our on-line services, shall be subject to Entail’s Privacy Policy.
6. Customer’s use of the Entail Service is limited to that specifically and explicitly permitted in these Terms. Customer shall not and shall not permit any third party to: (a) engage in, cause, or permit the reverse engineering, disassembly, decompilation or any similar manipulation or attempt to discover the source code or underlying ideas or algorithms of the Entail Service or any part thereof; (b) bypass, alter, or tamper with any security or lockout features of the Entail Service; (c) create any derivative work or translation of the Entail Service; or (d) provide, lease, rent, lend, license, assign, delegate, or otherwise transfer or use or allow others to transfer or use the Entail Service for the benefit of any third party.

Confidentiality
1. Each party (the “Recipient”) agrees that all the other party’s (the “Discloser”) information, whether in oral form, visual form or in writing, including but not limited to, all specifications, formulas, prototypes, computer programs and any and all records, data, ideas, methods, techniques, processes and projections, plans, marketing information, business plans, projects, pricing, customers and customer information, materials, financial statements, memoranda, analyses, notes, legal documents, and other data and information, as well as test results, processes, know-how, improvements, inventions, techniques, patents (whether pending or duly registered) and any know-how related thereto, relating to the Discloser and its products and services, will be considered and referred to collectively as“Confidential Information”. It is clarified that all information related to the Entail Service shall be deemed Confidential Information of Entail. Confidential Information shall not include information that: (i) is now or subsequently becomes generally available in the public domain through no fault or breach on the part of Recipient or anyone acting on its behalf; (ii) Recipient can demonstrate in its records to have had rightfully in its possession prior to disclosure of the Confidential Information by Discloser to Recipient; or (iii) Recipient rightfully obtains from a third party who, to Recipient’s best knowledge, has the right to transfer or disclose it, without default or breach of the Agreement.
2. In the event the Recipient is required to disclose Confidential Information of Discloser by a court or governmental authority or by applicable law or regulation, the Recipient may disclose such Confidential Information, provided however, that the Recipient (a) notifies Discloser of such disclosure, to the extent not limited by law; (b) to the extent possible, provides Discloser with the opportunity to oppose the disclosure or obtain a protective order; and (c) discloses Confidential Information of Discloser only to the minimum extent legally required.
3. Recipient agrees to use Confidential Information of Discloser solely for the performance of the Agreement. Recipient will not disclose Confidential Information of Discloser to a third party other than those of its employees, consultants and agents with a need to know such in connection with the performance of the Agreement (the “Representatives”), and Recipient agrees to ensure that each Representative thereof is bound by confidentiality undertakings not less restrictive than those imposed under the Agreement.
4. In performing its duties and obligations hereunder, Recipient agrees to use at least the same degree of care as it does with respect to its own confidential information of like importance but, in any event, at least reasonable care.
5. Recipient hereby acknowledges that unauthorized disclosure or use of Confidential Information of Discloser could cause irreparable harm and significant injury to Discloser that may be difficult to ascertain. Accordingly, Recipient agrees that Discloser, in addition to any other right or remedy that it may have available to it at law or in equity, will have the right to seek and obtain immediate injunctive relief in any jurisdiction to enforce obligations under the Agreement without the necessity of proving actual damages and without the necessity of posting bond or making any undertaking in connection therewith.
6. Upon request of Discloser or upon expiration or termination of the Agreement, howsoever arising, Recipient shall promptly return to Discloser all tangible property representing Confidential Information of Discloser and all copies thereof; and shall delete any Confidential Information of Discloser held by it in electronic form and shall certify in writing the compliance with this Section 10.6; provided however that Recipient is entitled to retain a copy of the Confidential Information of Discloser for internal recordkeeping purposes, which copy shall remain subject to the confidentiality obligations hereof, and provided further that Entail is entitled to retain the Confidential Information of Customer, if required for the purposes of providing the Post-Termination Services, or as otherwise permitted under these Terms.

Warranty Disclaimers

To the maximum extent permitted by applicable law, the Entail service and any information provided under the agreement are provided “as is” and Entail hereby disclaims all warranties and conditions, either express, implied or statutory, including without limitation, any (if any) implied warranties or conditions of merchantability, fitness for a particular purpose, or that the Entail service will perform error-free or uninterrupted or with respect to the functionality and performance of the Entail service or use of any results thereof. Entail makes no representations about the quantity, sufficiency or quality of any deliverable, output or data that it provides. Entail does not guarantee that the information provided by the Entail service is accurate or complete, or any results to be achieved from such information, including any specific conversion rates, website traffic or otherwise.

Limitations of Liability; indemnification
1. Notwithstanding anything to the contrary herein, in any order or in any other document whatsoever, in no event shall Entail or any Entail parties be liable for any indirect, consequential, incidental, special or punitive damages of any kind, including without limitation damages for loss of business or profits, business interruption, loss of business information or loss or damages to goodwill, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if Entail has been advised of the possibility of such damages or loss. Notwithstanding anything to the contrary herein, in any order or in any other document whatsoever, under no circumstances will Entail’s or any Entail parties’ total and aggregate liability to customer from all claims, suits, demands and/or causes of action of any kind, including without limitation contract, tort, negligence, strict liability, breach of warranty, or otherwise, arising out of or related to the agreement, exceed the amount equal to the fees actually paid by customer to Entail in the six (6) months preceding such claims, suits, demands and/or causes of action.
2. Customer shall fully defend, indemnify and hold harmless, on first demand, any of the Entail Parties, for, from and against any and all damages, losses, fees, expenses and/or liabilities, arising, directly or indirectly, pursuant to or in connection with or as a result of any third party claim, action, or other proceeding, instituted against any Entail Party, based upon Customer’s (or anyone acting on its behalf) acts or omissions in connection with the Entail Service, a breach of any of Customer’s warranties, undertakings and obligations under the Agreement or any breach by Customer (or anyone acting on its behalf) of applicable laws, rules and regulations.

Miscellaneous
1. Governing Law and Jurisdiction. These Terms is governed by the laws of Israel, without application of its principles of conflicts of law. The parties irrevocably consent to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel, to adjudicate all disputes arising from or related to these Terms to the absolute exclusion of the jurisdiction of any other court.
2. Publicity. Entail may identify Customer on Entail’s website and other marketing materials as a user of the Entail Service.
3. Assignment. Neither party shall transfer, assign or pledge in any manner whatsoever any of its rights or obligations under these Terms without the prior written consent of the other party, provided however, that a party may assign these Terms in connection with a merger, acquisition, sale of all or substantially all of its assets or other such corporate reorganization.
4. Severability. If any term, provision, covenant or restriction of these Terms is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against regulatory or public policy, the remainder of the terms, provisions, covenants and restrictions of these Terms shall in no way be affected, impaired or invalidated.
5. Entire Agreement. The terms and provisions herein contained and in an Order constitute the entire Agreement between the parties with respect to the subject matters hereof and shall supersede all previous communications, oral or written, between the parties hereto with respect to the subject matters hereof, and any other agreements, contracts, understandings and/or arrangements of any kind, whether written or oral, in connection with or related to the subject matter hereof. These Terms may be amended from time to time by Entail, in its sole discretion. If Entail, in its reasonable judgement, considers such amendments to be material to Customer, Entail shall notify Customer of such, either by posting notification of such amendments in the Platform, or by an email to Customer, sent in accordance with Section 13.8 below. Customer’s continued receipt, use and/or access to the Entail Service shall constitute Customer’s acceptance of any such amendments. In the event Customer does not accept any such amendments, Customer’s sole and exclusive remedy in connection therewith, shall be to terminate the Agreement by written notice to Entail, and stop receiving, using and/or accessing the Entail Service, in which event, for the avoidance of doubt, the applicable provisions hereof related to termination of the Agreement, shall apply.
6. Waiver. No waiver of any rights by any party hereto shall be construed as a waiver of the same or any other right at any prior or subsequent time. Furthermore, no waiver or delay on the part of a party in exercising any power or right hereunder, and no forbearance or indulgence of a party granted to the other party, shall in any way restrict or diminish the full rights and powers of that party under these Terms, or operate as a waiver of any breach by a party of any of the terms or conditions of these Terms.
7. Independent Contractor. No agency, partnership, joint venture or employment relationship is or shall be created by virtue of the Entail Service and/or the Agreement.
8. Notices. Any notice provided pursuant to the Agreement shall be in writing and shall be sent by e-mail to your account manager at Entail and to Customer’s email address as set forth in the Order, or to such other address, email or person(s) as may be designated from time to time in writing by a party.