Terms of Service
Please read these Terms of Service (“Terms”) carefully because they are a binding agreement between you, either individually, or on behalf of your employer or any other entity which you represent (“You” or “Your”) and Onkesa, Inc., (“Onkesa”, “We” or “Our”).
If you’re using our Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “You” and “Your” refers to that Organization.
These Terms govern your use of the free and paid services connected to the Onkesa.com platform, including, but not limited to the websites (“Sites”), software, related mobile or desktop applications, and all integrations (“Software”) provided by Onkesa and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, created tasks and associated information, and other content or materials (together, the “Content”) uploaded, downloaded, or appearing on our websites or applications.
You automatically agree to these Terms or the revised Terms on file for the Organization simply by using or logging into the Sites or Software.
Accounts.
An Onkesa Account (“Account”) must be created in order to access Onkesa’s Services. By creating an Onkesa Account you become, either individually or on behalf of the Organization, an Onkesa customer (“Customer”).
Account Registration.
During Onkesa’s account registration we will ask you for information, which may include but is not limited to, your name and other personal information. You must be at least 18 years old and provide accurate and complete information in response to our questions, and you must keep that information current. Your Account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted. You will receive a password and account designation upon completing the registration process.
You are responsible for maintaining the confidentiality of the password and Account and are fully responsible for all activities that occur under your password or Account, including any actions taken by persons to whom you have granted access to the Account. You agree to (a) immediately notify your system administrator or Onkesa of any unauthorized use of your password or Account or any other breach of security; and (b) ensure that you exit from your Account at the end of each session.
We reserve the right to change the account type, suspend or terminate the Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements. Violation of any of these Terms may result in the termination of your Account.
In some cases, an Account may be assigned to you by an administrator, such as your employer or educational institution. If you are using or logging into an Account assigned to you by an administrator, additional terms may apply to your use of the Sites, Software, or Services. Moreover, your administrator may be able to access or disable your Account without our involvement.
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User Verification.
You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account. In the event that you or your administrator lose access to an Account or otherwise request information about an Account, we reserve the right to request from you or your administrator any verification we deem necessary before restoring access to or providing information about such Account.
In the event of any dispute between two or more parties as to Account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Onkesa Account subject to dispute) will be final and binding on all parties.
Account Administrator.
Your Account may be managed by an Account Administrator (“Administrator”). The Administrator may assign or add other members of the Account as an Administrator, which possess important privileges and controls over the use of the Service and the Account, including, without limitation: (i) control your (and other Users) use of the Account; (ii) purchase, upgrade or downgrade the Service; (ii) create, monitor or modify Users’ actions and permissions; (iii) manage the access to, control, remove, share posts or otherwise change, all or part of the Customer Data (as defined below); and (iv) integrate or disable integration with Third Party Services. You also acknowledge that your Account can become managed by a representative of the entity that owns or controls the email address domain with which your Account was created or registered.
Other Users.
There are different types of Account users all of whom are defined within the Service and referred to herein as “Authorized Users”, and collectively with the Administrator, the “Users”. The features and functionalities available to the Users are determined by the respective subscription plan governing such Account, and the privileges of each such Authorized User are assigned and determined by the Account Administrator(s).
Responsibility for Authorized Users.
The Administrator is solely liable and responsible for understanding the settings, privileges and controls for the Service and for controlling whom they permit to become a User and what are the settings and privileges for such User, including without limitation, the right for a User to invite other Users (either paid or unpaid), the right to incur charges on the Account, the right to access, modify or share data, etc. The Administrator is responsible for the activities of all of its Users, including how Users use the Customer Data, even if those Users are not from Customer’s Organization or domain. Further, the Administrator acknowledges that any action taken by a User of Customer’s Account, is deemed by us as an authorized action by Customer, hence Customer shall have no claim in this regard.
Account Cancellation.
If you no longer want to use our Services and would like to delete your Account, contact Onkesa at support@onkesa.com. We will provide you with further assistance and guide you through the process. Once you choose to delete your Account, you will not be able to reactivate your Account or retrieve any of the data or information you have added.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. All of your content will be immediately inaccessible from the Service upon cancellation. Within 30 days, all this content will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted.
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Onkesa, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all data in your account. Onkesa reserves the right to refuse service to anyone for any reason at any time.
Services.
The Onkesa.com platform is a cloud-based collaboration tool that connects individuals and businesses together to collaborate, plan, and execute a variety of supply chain and shipping-related operations. With centralized data and simplified workflows,
individuals and businesses can easily meet shared objectives. Collectively the features and functionality offered as part of Onkesa.com, our APIs, mobile applications, desktop software, and any third-party integrations (“Service” or “Services”) are covered by these Terms. Specific Terms may apply to You or to some of the Services, such specific terms are incorporated herein by reference and form an integral part hereof and additionally may be subject to separate agreements.
Modification or Discontinuation of the Service.
Onkesa may temporarily or permanently add, modify or discontinue any feature, functionality or any other tool, within the Services and/or Sites, at our own discretion with or without notice; however, if we make any material adverse change in the core functionality of the Service (or any part thereof), then we will notify you by posting an announcement on the Sites and/or via the Service or by sending you an email. You agree that Onkesa shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
No Contingency on Future Releases and Improvements.
You hereby acknowledge that your use of any Onkesa Services and/or third-party services are not contingent on the delivery by us of any future release of any functionality or feature, including without limitation, the continuance of: (i) a certain Service beyond its current Subscription Term; or (ii) third-party services, dependent on any public comments we make, orally or in writing, regarding any future functionality or feature.
Onkesa grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, royalty free license to use the Services. This license does not constitute a sale of the Software or any copy thereof, and as between you and us, Onkesa retains all right, title and interest in the Sites, Software, and Services. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Our Content, the Services or any related software.
If you or any users send us any feedback or suggestions regarding the Sites, Services, or Software you grant Onkesa an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
Beta Offerings.
From time to time, Onkesa may make available Beta Offerings. You may, in your sole discretion, choose to use a Beta Offering. Onkesa may discontinue a Beta Offering at any time, in its sole discretion, or decide not to make a Beta Offering generally available. Beta Offerings are Services that are still under development, and as such they may be inoperable or incomplete, and may contain bugs, suffer disruptions and/or not operate as intended and designated, more than usual. To the extent you use any Beta Offerings that are only made available to a limited number of customers on an invitation basis in a non-public or private manner (collectively, "Private Beta Offerings"), the additional terms apply to you.
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Private Beta Offerings.
Any Private Beta Offerings made available to you are strictly for testing and experimentation purposes only. You acknowledge that, by their nature, Private Beta Offerings may (a) not meet speed or performance benchmarks or expectations; (b) have gaps in functionality; and (c) contain bugs. Private Beta Offerings, and any information related to such Private Beta Offerings, including their existence, are considered Onkesa’s Confidential Information.
Technical Support.
You will be entitled to standard technical support via email and we will respond within 24 - 48 hours of receiving your support inquiry and during standard business hours 8:30 AM – 5:00 PM CST excluding major holidays and weekends. The Services are designed to be available 24/7, subject to maintenance. You will be notified of scheduled maintenance when the disruption will be more than a 10-minute outage.
Your Content and Customer Data.
We claim no intellectual property rights over the data and material you provide to the Service. All materials uploaded remain yours.
“Data” and “Customer Data” means any data and content you upload, post, transmit or otherwise made available via the Services including messages you send, files you upload, comments you make on files, profile information and anything else you enter or upload into the Service. Onkesa will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security.
In order for us to provide Services to you, we require that you grant us certain rights with respect to your Data. For example, we need to be able to transmit, store and copy your Data in order to display it to you and other users who have permission to access the Data, to index it so you are able to search it, to make backups to prevent data loss, and so on. Your acceptance of these Terms gives us the permission to do so and grants us any such rights necessary to provide the Services to you, only for the purpose of providing the Services (and for no other purpose). This permission allowing us to use third-party service providers (for example Google Storage Services) in the operation and administration of the Services and the rights granted to us are extended to these third parties to the degree necessary in order for the Services to be provided. Depending on the Service, this may involve moving your data across jurisdictional lines, or within North American borders. Onkesa will not share, disclose, sell, lease, modify, delete or distribute any Data provided by you in any manner.
Onkesa will also not view the Data provided by you except when given permission by you for the purpose of support. In some cases, it is necessary for our employees, contractors, or agents to access your Account and Data in order to diagnose a problem. When you contact our support team, it is implied that you are allowing us to access your Account and Data, if necessary, in order to be helpful.
Communications.
You consent to accept and receive communications from us, including email, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign up for an Onkesa Account or update the contact information associated with your Account. Such communications may include, but are not limited to requests for secondary user authentication, receipts, alerts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
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You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may only opt-out of text messages from Onkesa by replying STOP. You acknowledge that opting out of receiving communications may impact your use of the Services.
Billing.
You are not obligated to purchase any of the Services. If you elect to purchase Onkesa credits, Service packages or Services, you will be required to provide a credit card or other payment mechanism selected by you.
You agree that Onkesa may charge to your credit card or other payment mechanism selected by you and approved by Onkesa all amounts due and owing for the Services, including service fees, subscription fees or any other fee or charge associated with your use of the Services. If there are any annual, monthly or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Services, or subsequently designated to Onkesa at the start of the subscription period and at the start of each renewal period, unless you terminate your subscription before the relevant period begins.
Prices of all Services are subject to change at any time. Onkesa will strive wherever possible to give advance notice. Such notice may be provided at any time by sending you an email, posting the changes to the Onkesa.com website or the Service itself.
All payments authorized by you into your account are final. There is no refunding of your account regardless of whether you use the Services or not.
In connection with your purchase and/or use of the Services you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility, and you agree to indemnify Onkesa.com to the extent that Onkesa.com incurs any obligations or other liabilities in connection with such taxes.
You agree that in the event Onkesa is unable to collect the fees owed to Onkesa for the Services through your Account, Onkesa may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by Onkesa in connection with such collection activity, including collection fees and legal costs. You further agree that Onkesa may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
Anonymous Information.
Notwithstanding any other provision of these Terms, we may collect, use and publish Anonymous Information (defined below) relating to your use of the Service and/or Sites, and disclose it for the purpose of providing, improving and publicizing our products and services, including the Sites and Service, and for other business purposes. “Anonymous Information” means information which does not enable identification of an individual, such as aggregated and analytics information. Onkesa owns all Anonymous Information collected or obtained by Onkesa.
Sites and Software Conduct.
You may not use Onkesa’s Sites or Software to:
Upload, post, transmit, or otherwise make available any of your Data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, politically, or otherwise objectionable.
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Upload or transmit images that contain nudity, political affiliation, weapons, violence, or drugs.
Impersonate, or misrepresent your relationship with, any person or entity.
Upload or transmit any Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright, privacy, or other proprietary rights of any party.
You are solely liable and responsible for your interactions with other users. We reserve the right to monitor disputes between you and other users, but we have no obligation to do so.
Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. Onkesa may also monitor such Content to detect and prevent fraudulent activity or violations of Onkesa’s Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.
Abuse Of Features.
The features made available through the Services are intended for the normal use of the Sites and Software. Abuse of features
may result in a ban or removal of Service (for example: do not use reply-by-email address in automated systems such as Google Alerts etc., do not auto-direct emails to a specific reply-by-email Onkesa email address). RSS feeds used where Onkesa data is published publicly may be disabled. RSS feeds are intended for private consumption only.
In extreme cases, we reserve the right to temporarily suspend your Account if your usage significantly exceeds the average usage of other Service customers and/or there’s a danger that your usage of the Services is causing disruption to other users. We’ll always attempt to reach out to the Account owner before taking any action except in rare cases where the level of use may negatively, immediately impact the performance of the Service for other users.
No Reselling or Use Outside of Permitted Terms.
Other than using the Services as permitted under these Terms or other written agreements between you and Onkesa, you may not resell, distribute, make any commercial use of, or use on a time-share or service bureau basis.
Use Of Third-Party Applications and API Access.
If you elect to utilize any third-party application in connection with your use of the Service, by doing so you are consenting to your Data being shared with such third-party application. To understand how such third-party application provider utilizes your Data and other information, you should review their terms of service, terms and conditions, and/or privacy policy.
You expressly understand and agree that Onkesa shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your Account’s access to the API. Onkesa, in its sole discretion, will determine abuse or excessive usage of the API. Onkesa will make a reasonable attempt via email to warn the account owner prior to suspension.
API Use.
We may offer an application programming interface that provides additional ways to access and use the Onkesa Services (“API”). Such API is considered a part of our Services, and its use is subject to all of these Terms. You may only access and use our API with permission for Customer’s internal business purposes, in order to create interoperability and integration between the Service and other products, services or systems you and/or Customer use internally. When using the API, you should follow our relevant developer guidelines. We reserve the right at any time to modify or discontinue (temporarily or permanently) your and/or Customer’s access to the API (or any part of it) with or without notice. The API is subject to changes and modifications, and you are solely responsible to ensure that your use of the API is compatible with the current version.
Security.
Onkesa implements reasonable security measures and procedures to assist in protecting your Data.
We have implemented technical and organizational measures designed to secure your personal information from accidental destruction, loss, alteration and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
You are solely responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or Account or any
other breach of security. You will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with Onkesa and provide all information requested by Onkesa to remediate the breach. Any assistance provided by Onkesa in relation to a security breach does not in any way operate as acceptance or acknowledgement that Onkesa is in any way responsible or liable to you or any other party in connection with such breach.
Governing Law.
These Terms and any Dispute will be governed by the Federal Arbitration Act, as set forth above, and by Wyoming law and/or applicable federal law, without regard to its choice of law or conflicts of law principles.
Proprietary Rights.
Onkesa and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of Onkesa’s or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services.
Warranty.
NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITES AND THE SERVICE ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD-PARTY SERVICE PROVIDERS), HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES AND/OR REPRESENTATIONS OF MERCHANTABILITY, FUNCTIONALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY.
WE AND OUR VENDORS DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE SERVICE AND SITES, INCLUDING THE ACCESS THERETO AND USE THEREOF, WILL BE UNINTERRUPTED, TIMELY, SECURED, ERROR FREE, THAT DATA WON’T BE LOST, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES AND/OR SERVICE ARE FREE FROM VIRUSES OR OTHER HARMFUL CODE. WE AND OUR VENDORS FURTHER DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DELAYS, FAILURES, INTERCEPTION, ALTERATION, LOSS, OR OTHER DAMAGES THAT YOU AND/OR YOUR DATA (INCLUDING CUSTOMER DATA) MAY SUFFER, THAT ARE BEYOND OUR CONTROL.
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EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION (I) THAT OUR SERVICE (OR ANY PORTION THEREOF) IS COMPLETE, ACCURATE, OF ANY CERTAIN QUALITY, RELIABLE, SUITABLE FOR, OR COMPATIBLE WITH, ANY OF YOUR CONTEMPLATED ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS (OR THAT IT WILL REMAIN AS SUCH AT ANY TIME), OR COMPLY WITH ANY LAWS APPLICABLE TO YOU; AND/OR (II) REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE SERVICE AND/OR THE SITES.
Limitation of Liability.
NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
IN NO EVENT SHALL EITHER PARTY HERETO AND ITS AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE THIRD-PARTY SERVICE PROVIDERS), BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THESE TERMS FOR (I) ANY
INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; (II) ANY LOSS OF PROFITS, COSTS, ANTICIPATED SAVINGS; (III) ANY LOSS OF, OR DAMAGE TO DATA, USE, BUSINESS, REPUTATION, REVENUE OR GOODWILL; AND/OR (IV) THE FAILURE OF SECURITY MEASURES AND PROTECTIONS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR THE INDEMNITY OBLIGATIONS OF EITHER PARTY UNDER THE INDEMNIFICATION SECTION HEREIN, YOUR PAYMENT OBLIGATIONS HEREUNDER OR BREACH OF OUR ACCEPTABLE USE POLICY BY EITHER YOU OR IN CASE OF A CUSTOMER, ANY OF THE USERS UNDERLYING ITS ACCOUNT, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY, ITS AFFILIATES, SUBCONTRACTORS, AGENTS AND VENDORS (INCLUDING, THE ITS THIRD-PARTY SERVICE PROVIDERS), UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SITES AND THE SERVICE), EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU (IF ANY) DURING THE 12 CONSECUTIVE MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.
Force Majeure.
Neither party will be liable to the other party for any alleged or actual loss or damages resulting from delays or failures in performance caused by acts of the other party, acts of civil or military authority, governmental priorities, earthquake, fire, flood, epidemic, quarantine, energy crisis, strike, labor trouble, war, riot, terrorism, accident, shortage, delay in transportation, or any other cause beyond the reasonable control of the party whose performance is so delayed (a “Force Majeure Event”), provided the affected party gives prompt notice of the Force Majeure event and uses commercially reasonable measures to mitigate its effects.
Indemnification.
Each party shall indemnify, defend and hold the other party harmless including its parent, subsidiaries, affiliates, suppliers, officers, directors, employees, contractors, and agents from and against any and all claims, damages, obligations, liabilities, losses, reasonable expenses or costs (collectively, “Losses”) incurred as a result of (i) any wrongful or negligent act, error, or omission committed by either party or its employees, (ii) the failure of either party to observe and comply with any state or federal law or regulation applicable to the business conducted by either party pursuant to this Agreement, and (iii) the material breach by either party of any of the terms of this Agreement.
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Disputes.
“Disputes” are defined as any claim, controversy, or dispute between you and Onkesa, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of these Terms, and including any claim, controversy, or dispute based on any conduct of you or Onkesa that occurred before the effective date of these Terms, including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship. Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
Assignment.
Unless expressly authorized by Onkesa, these Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
Other Provisions.
These Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and Onkesa regarding the Services. In the event of a conflict between these Terms and any other Onkesa agreement or Policy, these Terms will prevail and control the subject matter of such conflict. If any provision of these Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term.