MyCard Inc. provides a platform (“Platform”) that allows you to connect your online accounts (“Accounts”) to applications (“Apps”) that can automate tasks on your behalf. At times the platform will request your third-party account credentials and take actions on your behalf.
This End User Services Agreement (“Agreement”) is an agreement between you and MyCard Inc. (“MyCard Inc. ”, DBA “KnotAPI,”“we” or “us”). By accepting this Agreement or accessing KnotAPI.com or your Knot profile, you agree to its terms, and certify that you have all necessary rights to do so. If you are accepting on behalf of your employer or another entity, you represent and warrant the following: (i) you have full legal authority to bind your employer or such entity to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree to this Agreement on behalf of the party that you represent. If you do not have the legal authority to bind your employer or the applicable entity, please do not accept this Agreement or access any MyCard Inc. services covered by this Agreement.
Control and Responsibilities.
You represent and warrant that you have all necessary rights to use your Accounts and Apps with the Platform, and you agree to comply with all laws and regulations applicable to your use, as well as any rules and guidelines that we post. You must not:
- Use or access anyone else’s Accounts or related data.
- Submit information about anyone else’s identity or Accounts or that violates any third-party rights.
- Misuse the Platform for any fraudulent, illegal or misleading purpose.
- Modify, reverse engineer or otherwise seek to obtain unauthorized access to the Platform or related systems, data or source code.
- Bypass measures designed to prevent or limit access to any part of the Platform.
- Rent, lease, provide access to, or sublease any elements of the Platform to a third party, or use the Platform on behalf of, or to provide services to third parties.
- Access the Platform for competitive purposes or publish any benchmark or performance information about the Platform.
- Copy, modify or create derivative works of the Platform or remove any of MyCard Inc.’s proprietary notices.
- Use the Platform in any way that could damage, disable, overload, or impair the functioning of the Platform or interfere with, disrupt or negatively affect other users.
How MyCard Inc. Uses Your Data.
Please review our Privacy Policy to learn how MyCard Inc. uses data related to your Accounts. If you have questions, please contact us at privacy@KnotAPI.com.
Rights to the Platform.
MyCard Inc. owns all rights, titles, and interests (including intellectual property rights) in and to the Platform and our related websites and technology. If you choose to give us feedback, suggestions or other inputs about the Platform, at our complete discretion, we may use them without restriction.
Our Disclaimers.
TO THE EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND ANY USE IS AT YOUR DISCRETION AND RISK. MyCard Inc. , ITS AFFILIATES AND THEIR SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. MyCard Inc. DOES NOT WARRANT THAT USE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY OF YOUR DATA WILL BE ACCURATE OR COMPLETE OR THAT MyCard Inc. WILL MAINTAIN ANY DATA WITHOUT LOSS.
Liabilities for our Platform. TO THE EXTENT PERMITTED BY LAW, MyCard Inc. , ITS AFFILIATES AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE FOR: (A) ANY LOST PROFITS, LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, FINANCIAL LOSSES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR (B) ANY DAMAGES OR AMOUNTS EXCEEDING, IN THE AGGREGATE, THE GREATER OF (1) THE AMOUNT YOU PAID US TO USE THE PLATFORM AND (2) TWO HUNDRED U.S. DOLLARS (US $200).
Dispute Resolution.
Should a dispute between us arise out of or relating to these Terms, we agree to resolve the dispute by following these steps:
- Send us a notice, according to the Notices section below, describing the dispute and including all relevant facts so we know how to help you.
- Within 7 business days after our receipt of your notice, we will reach out to discuss your dispute with you.
- If we can’t resolve your dispute during our discussion, you will send us a written proposal for resolving your dispute.
- Within 15 business days after our receipt of your written proposal, we will let you know whether we agree to your proposal, or we will provide you a counter-proposal.
After Step 4, you can continue to negotiate with us to resolve your dispute, or you’d can pursue a resolution through other means.
Throughout this process, both you and MyCard Inc. agree to negotiate in good faith and according to the terms of this section to resolve the dispute before resorting to litigation or some other form of dispute resolution procedure. All negotiations (including your notice, our discussions, and proposals) pursuant to this section are confidential and treated as compromise and settlement negotiations for the purposes of federal and state rules of evidence and procedure.
Notices.
MyCard Inc. may provide notices or communications to you through the email associated with your MyCard Inc. profile or through other reasonable methods. All notices, requests and other communications to MyCard Inc. under this Agreement must be in writing to MyCard Inc. DBA Knot API Attention: Legal, 348 w 57th street Unit #347 New York, NY 10019 (with a courtesy copy to legalnotices@KnotAPI.com) and will be deemed given when delivered.
Ending This Agreement.
At its discretion, MyCard Inc. may modify, terminate or suspend this Agreement (or your use of the Platform) at any time, with or without notice and with or without reason, including if MyCard Inc. suspects that you have violated this Agreement. MyCard Inc. will hold no liability to you for any termination or suspension, nor will such action limit any other rights or remedies MyCard Inc. may have. Except for your right to use the Platform, this Agreement will survive any termination.
About This Agreement.
This Agreement may not be transferred or assigned by you without MyCard Inc.’s prior written consent. MyCard Inc. may assign or transfer this Agreement to its affiliates or in connection with a merger, sale, reorganization or other change of control. In addition, MyCard Inc.’s affiliates, contractors and service providers may exercise MyCard Inc.’s rights or fulfill its obligations under this Agreement. Waivers must be in writing and no waivers will be implied. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions will remain unaffected and in full force and effect. This Agreement is the final, complete and exclusive agreement between you and us relating the subject matter of this Agreement and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. In this Agreement, headings are for convenience only and the term “including” (and similar terms) will be construed without limitation.
MyCard Inc. may modify this Agreement from time to time. Unless we specify otherwise, modifications take effect when we post the modified version. MyCard Inc. will use commercially reasonable efforts to notify you of the modifications, and you may be required to agree to the modified version. If you do not agree to the modifications, your only remedy is to cease using the Platform.