Service Terms and Conditions

The following service terms and conditions (the “Terms“) govern your access to, and use of, the Whatslly software-as-a-service (“SaaS“) widget and dashboard and related documentation, features, and services, as well as any fixes, updates or upgrades thereto (collectively, the “Software” or “Services”). Therefore, please read these Terms carefully, since they set out the legal rights and obligations between you, the customer (“Customer” or you“), and Overstack Ltd. (together with our respective affiliates and subsidiaries, “Overstack“, “we“, “our” or “us“) with respect to the subject matter hereof. 

By checking the ‘I accept the term of use’ box, you acknowledge that you have reviewed these Terms, and that you agree to be bound by, these Terms. Furthermore, you represent and warrant that you are at least eighteen (18) years old and, if you are entering into these Terms on behalf of your employer or other legal entity, that you have full authority to bind said employer or other legal entity to these Terms. If you do not agree to these Terms, or do not have authority to bind your employer or other legal entity, please do not accept these Terms, nor access or use the Services. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

  1. Description of Services. We make the Software available to our customers (each, a “Customer“) on a SaaS basis. The Software is a connector between WhatsApp and Salesforce. The Software helps create leads, view contact details and copy chats between WhatsApp and Salesforce. In addition, the Software includes a chat routing feature which allows people to start chats with Overstack’s agents on WhatsApp.
  2. Right to Use the Services.
    • Subscriptions to Software. Subject to your compliance with these Terms and payment of applicable subscription fees, Overstack hereby grants you, and you accept, a non-exclusive, non-transferable, non-sublicensable, non-assignable, non-transferable and fully revocable right to access and use the Software, during the Subscription Term (as defined below), for your internal business purposes only. 
    • Free Trial. For each Subscription, Overstack may offer a free trial period (if offered, the default period is fourteen (14) days, unless configured otherwise by Overstack) (“Free Trial” and “Free Trial Period“) prior to charging for the Fees. The Free Trial, if any, shall commence on the date that you commence access or use of the Services, and will terminate at the end of the Free Trial Period, or sooner if: (a) you proceed to begin paying the applicable Fees, (b) you requests to cancel the Subscription, or (c) the Free Trial is terminated by Overstack, in its sole discretion. Upon termination of the Free Trial, and unless you have cancelled the Subscription or Overstack has terminated the Free Trial, the Fees shall become immediately due and payable (and if no payment or billing information have been provided, you shall, and may be required, to provide such information). Free Trials are permitted solely for you to determine whether to proceed to a paid Subscription. Free Trials may not include all Features. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OVERSTACK AND OVERSTACK AFFILIATES WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, OR OTHER OBLIGATIONS OR LIABILITIES WITH RESPECT TO FREE TRIALS, AND OVERSTACK HAS THE RIGHT TO TERMINATE A FREE TRIAL AT ANY TIME AND FOR ANY REASON.
  3. Account. In order to access and use the Software, you are required to become a Customer. In order to become a Customer, you must create an account (“Account“). Overstack may, at its sole discretion, approve or reject the opening of the Account. Customer hereby agrees: (i) not to allow anyone other than its employees, agents and independent contractors who are explicitly authorized by Customer to use the Software (“Permitted Users“) to create an account and/or use the Software ; (ii) to provide accurate and complete Account and login information; (iii) to remain solely responsible and liable for the activity that occurs in connection with your Account; (iv) to keep your Account password secure; and (v) to notify Overstack immediately of any breach of security or unauthorized use of your Account. If you wish to delete your Account, you may send an email request to Overstack at: admin@overstack.io.
  4. Restrictions.
    • Restrictions on Use of the Software. You shall not, and shall not allow any third party to: (i) copy, distribute, broadcast, rent, lease, lend, use for timesharing or service-bureau services, export, modify, adapt, translate, enhance, customize, or otherwise create derivative works of, the Software or any part thereof; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of, the Software or any part thereof; (iii) remove or distort any proprietary notices, labels or legends on or in the Software (including when you download or print a copy of any Content (defined below); (iv) use any automated means to access or use the Software, nor circumvent or disable any security or technological features of the Software; (v) use, send, upload, post, transmit or introduce any device, code, routine or other item (including without limitation bots, viruses, worms, and Trojan horses) that interferes (or attempts to interfere) with the operation or integrity of the Software, nor any content that is unlawful, infringing, defamatory, deceptive, obscene fraudulent, harassing, pornographic, or abusive; (vi) use the Software to design or develop any competing product or service that competes with the Software; (vii) use the Software for any unlawful or fraudulent purpose, to breach these Terms, or infringe or misappropriate any third party intellectual property, privacy, or publicity right; (viii) take any action that imposes or may impose, as determined in Overstack’s sole discretion, a disproportionately large load of incoming requests on the Software infrastructure; (ix) violate or abuse password protections governing access to the Software; or (x) store or transmit any robot, malware, Trojan horse, spyware, or similar malicious item (for example, by way of your content) intended (or that has the potential) to damage or disrupt the Services or Overstack’s Software; (xi) employ any hardware, software, device, or technique to pool connections, devices or users that directly access or use the Service or Overstack’s Software (sometimes referred to as ‘virtualisation’, ‘multiplexing’ or ‘pooling’) in order to circumvent any limitations or conditions on the scope of the Subscription; (xii) forge or manipulate identifiers in order to disguise the origin of any data or content inputted or uploaded to, or transmitted through, the Services; or (xiii) take any action that imposes or may impose (as determined in Overstack’s reasonable discretion) an unreasonable or disproportionately large load on the servers, network, bandwidth, or other cloud infrastructure which operate or support the Service or Overstack’s Software, or otherwise systematically abuse or disrupt the integrity of such servers, network, bandwidth, or infrastructure.
    • Reservation of Rights. For the avoidance of doubt, the Service and Overstack’s Software are only licensed hereunder, and no title in or to the Service or Overstack’s Software passes to you. Any rights not expressly granted herein are hereby reserved by Overstack and its licensors, and, except for the Subscription, you are granted no other right or license to the Service or Overstack’s Software, whether by implied license, estoppel, exhaustion, operation of law, or otherwise.
    • Data Backup. The Service is not intended to, and will not, operate as a data storage or archiving product or service, and you agree not to rely on the Service for the storage of any of your Customer Data whatsoever. You are solely responsible and liable for the maintenance and backup of all of Customer Data. 
  5. Customer Data.
    • License to Customer Data. While using the Software, you and/or your Permitted Users may choose to provide, upload, import, transmit, post, or make accessible (collectively, “Provide“) to Overstack certain data or software (the “Customer Data”). You hereby grant Overstack a royalty-free, irrevocable, non-exclusive license to use, process, display, copy and store the Customer Data in order: (i) to provide the Software to you; and (ii) to administer and make improvements to the Software as well as carry out related tasks; and (iii) to collect, use and publish Anonymous Information (defined below), and disclose and/or transfer it to its third party service providers, to provide, improve and publicize Overstack’s Software and services. All transfers of Customer Data shall be carried out in accordance with applicable law.
    • Availability of the Customer Data. You hereby agree and acknowledge that: (i) the Software does not operate as an archive or file storage service and Overstack does not store all of your Customer Data; and (ii) you are solely responsible for the backup of your own Customer Data. You may download certain Customer Data that you provide to Overstack at any time during the respective Subscription Term, or as otherwise set forth herein.
    • Privacy. 
      • You shall ensure that you and your Permitted Users shall comply at all times with all applicable laws and regulations including, without limitation, privacy laws and regulations (regarding the data and information that you, and your Permitted Users, collect, input, transmit, transfer, store, view, process or use in connection with the Services). As between you and Overstack, you are solely responsible and liable for (and agrees to hold harmless and release Overstack and all Overstack’s Affiliates from) all Customer Data, Overstack’s processing of Customer Data, for all use of Customer Data (including without limitation use by others), as well as for the consequences of inputting, uploading, or transmitting Customer Data (including without limitation, for obtaining any licenses, permissions, consents, approvals, and authorizations from individuals appearing therein).
      • We will use any personal information that we collect or obtain in connection with the Services in accordance with our privacy policy which is available at https://overstack.io/privacy.html (“Privacy Policy“), and to the extent permitted by your applicable law, you hereby agree that we may do so. 
      • Please also be aware that certain personal information and other information in connection with your use of the Services may be stored on your device. You are solely responsible for maintaining the security of your device from unauthorized access. 
      • You hereby represents and warrants that: (a) its Customer Data does not, and will not, infringe, misappropriate, or violate any third party’s Intellectual Property Rights, privacy rights (or other personal rights), or any law; (b) its Customer Data is not, and will not be, disparaging, libelous, threatening, offensive, harassing, deceptive, abusive, promoting of violence, illegal drugs, illegal arms trafficking, or illegal gambling, and does not, and will not, contain obscenity or pornography, create any risk to a person’s safety or health, impersonate another person, compromise national security, or interfere with an investigation by law enforcement; and (c) it has obtained, and will maintain during and after any termination of this Terms, any and all licenses, permissions, consents, approvals, and authorizations required in connection with Customer Data. The content, nature, frequency, and quantity of Customer Data has not been specifically requested or authorized (and may or may not be reviewed) by Overstack, and is submitted to the Service at your sole risk and discretion. Unless specifically requested by the Service, or strictly required for use of the Service, you represent and warrant that Customer Data will not include any sensitive data (as defined below), unless sensitive data is specifically requested by the Service or Overstack. 
      • Please note that in order to operate our Services, we need to store and distribute content and information in data centers and systems around the world, including outside your country of residence. This infrastructure may be owned or operated by our service providers or affiliated companies. 
    • Responsibility. You shall remain solely responsible and liable for the Customer Data and you hereby expressly release Overstack from any and all liability arising from Overstack’s use of the Customer Data as permitted herein.
    • To the extent that Customer Data includes personal data, (i) you hereby warrant and represent that it will provide all appropriate notices, obtain all required informed consents, comply at all times with all applicable privacy and data protection laws and regulations for allowing Overstack to use the Customer Data in accordance with this Terms, (ii) to the extent that you need a data processing agreement, you shall download Overstack’s Data Processing Agreement (“DPA”) and follow the steps agreed with Overstack, and (iii) in any event, you hereby authorize Overstack and the Services to anonymize, de-identify and pseudonymize such personal data (including, without limitation, for the purposes of honoring the data minimization principle, the storage limitation principle and privacy by design requirements). At any time during the Term, Overstack may collect or receive from you log files and analytic information about the usage of the Services that does not include any personal data or any personal information and Overstack may use this information for quality control purposes, and for analytic and statistics purposes without restrictions or limitations.
  6. PAYMENT
    • Fees. You agree to pay all fees in accordance with the Subscription (“Fees“), and in accordance with the Service plan applicable billing cycle (“Billing Cycle“) and other payment terms. 
    • General. Unless expressly stated otherwise in Service plan: (a) all Fees are stated, and are to be paid, in US Dollars via credit or debit card; (b) all Fees are payable in advance; (c) all payments under this Terms are non-refundable, and are without any right of set-off or cancellation; and (d) any amount not paid when due will accrue interest on a daily basis until paid in full, at the lesser of the rate of one and a half percent (1.5%) per month and the highest amount permitted by applicable law. Amounts payable under these Terms are exclusive of all applicable sales, use, consumption, VAT, GST, and other taxes, duties or governmental charges, except for taxes based upon Overstack’s net income. In the event that you are required by any applicable law to it to withhold or deduct taxes for any payment under this Terms, then the amounts due to Overstack shall be increased by the amount necessary so that Overstack receives and retains, free from liability for any deduction or withholding, an amount equal to the amount it would have received had you not made any such withholding or deduction. Any amount not paid when due, may result in your blocking from the Services by Overstack.
    • Payment Method and Processing. Currently, Overstack only accepts payment via PayPal or a bank wire , and you represent that it is the authorized user of the such payment methods. You shall provide Overstack accurate and complete billing information, and agrees to promptly notify Overstack of any changes to your billing information. For certain payment cards, there may be a temporary charge to verify the card’s validity (but this amount will be refunded as soon as the card is confirmed). You authorize Overstack (either directly or through third parties) to request and collect payment (and otherwise charge, refund or take any other billing actions) from you on a recurring basis, including without limitation via Overstack’s payment provider or your designated banking account, and to make any inquiries Overstack deems necessary to validate your designated payment account or financial information, in order to ensure prompt payment (including for the purpose of receiving updated payment details from your payment, credit card or banking account provider – such as, updated expiry date or card number as may be provided to Overstack by your credit card company). Payment of Fees may be processed through a third-party payment processing service (which will receive and process your billing information), and additional terms may apply to such payments. 
  7. Representation and Warranties.
    • You represent and warrant that (i) you have all required consents, permissions and rights to all of the intellectual property, ownership and privacy rights subsisting in the Customer Data and that you have the right to Provide Overstack the license granted herein to use such Customer Data in accordance with these Terms; (ii) the Customer Data does not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy or publicity rights of any third party; and (iii) you agree to comply with all applicable international, national, state, regional and local laws and regulations in accessing and/or using the Software (or any part thereof) and in performing you obligations hereunder, including without limitation laws relating to privacy, data protection, and exports. 
  8. Intellectual Property; Trademarks.
    • Content and Marks. The (i) content included and/or incorporated in the Services, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content”); and (ii) the trademarks, service marks and logos contained therein (the “Marks”), are the property of Overstack and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. The Overstack logo, and other marks are Marks of Overstack or its affiliates. All other trademarks, service marks, and logos used in the Services are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Content. 
    • Rights to Services. All right, title and interest, and full and exclusive ownership rights, in and to the Services, and any and all parts thereof, and all reproductions, corrections, modifications, enhancements, improvements, upgrades, customizations and derivative works (whether or not permitted under these Terms), and all related patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill, including data related your usage thereof, and Overstack’s intellectual property, and any rights therein not explicitly granted to you hereunder, are reserved to and shall remain solely and exclusively proprietary to Overstack (or its licensors).
    • Customer Data. The intellectual property and all other rights, title and interest of any nature in and to the Customer Data are and shall remain the exclusive property of you, your Permitted Users and your licensors. Except as expressly set forth herein, nothing in these Terms shall be construed as transferring any rights, title or interests in or to Customer Data to Overstack or any third party.  
  9. Anonymous Information.
    • Customer acknowledges that in order to provide the Service, Overstack may transform Customer Data to anonymized aggregated information. All anonymized aggregated information which has been anonymized and is rendered non-identifiable by Overstack in accordance with applicable law (“Anonymized Data“) shall not be considered as Customer’s Data and all rights to this Anonymized Data shall vest with Overstack provided that Overtstack may not use such Anonymized Data in a manner that links any person or the customer to such Anonymized. 
    • License to Feedback. If you provide Overstack with any suggestions or feedback of any kind, which may include suggestions or feedback concerning the Software, the Services, any data, customizations, features, improvements, modifications, corrections, enhancements, derivatives or extensions thereto (“Feedback”), such Feedback shall be deemed to be the sole property of Overstack, and you hereby irrevocably transfers and assigns to Overstack all intellectual property or proprietary rights in and to such feedback and, to the maximum extent permitted by law, waives any and all moral rights that you may have in respect thereto and waives the right to claim or bring proceedings in connection with such rights.
  10. Term and Termination.
    • Subscription Term. Your subscription to the Software shall commence on the earlier of: (i) the date that you commence access to or use of the Software; or (ii) upon the first payment you make via PayPal or a wire transfer, and shall continue until you actively cancel it  (the “Subscription Term“). The Subscription Term shall terminate upon termination of the subscription in accordance with Section 11 below. 
  11. Termination.
    • Termination by Overstack. You acknowledge and agree that Overstack may at any time, for any reason, and without notice to you: (i) discontinue or modify any aspect of the Service, or any part thereof; (ii) terminate these Terms, with or without cause; and/or (ii) suspend or terminate your access your subscription to the Software with or without cause, and Overstack shall not be liable to you or any third party for any of the foregoing. 
    • Termination by you. If you object to any term or condition of these Terms, or becomes dissatisfied with the Services in any way, your only recourse and sole remedy is: (a) in the event you have an Account, cancel the Account (“Account Cancellation“) and immediately cease using the Software. You agree, however, that any Account Cancellation in accordance with this Section ‎11.2 shall not derogate from any payment obligations you may have towards Overstack under these Terms.
    • Suspension. If we believe that you using the Software in a manner that may cause harm to Overstack or any third party then we may, without derogating from our right to terminate your access to the Software for any breach hereof, suspend your access to and use of the Software until such time as we believe the threat of harm, or actual harm, has passed.
  12. Effect of Termination. 
    • General. Upon termination of these Terms, you shall immediately discontinue all access and use of the applicable Service (cease using the Software) and shall promptly, but in any event within three (3) days, permanently delete all copies of the any documentation provided to you in connection with the Software, that are in your possession or control. 
    • Access to Customer Data. Upon termination of these Terms, you will lose all access to any Customer Data that Overstack may be storing in order to make available the Software to you. It is your responsibility to download its Customer Data prior to termination of these Terms. Notwithstanding the foregoing, for a period of thirty (30) days from the effective date of termination of these Terms, Overstack will provide you, upon your written request, with a reasonable opportunity to download the Customer Data. Overstack reserves the right to permanently delete any Customer Data that may be contained in your Account at any time following the said thirty (30) day period, and you agree to waive any legal or equitable rights or remedies it may have against Overstack with respect to Customer Data that is deleted in connection thereto. 
    • Survival. This Section ‎13.2‎13.2, and any section intended to survive termination of these Terms, including without limitation, Sections ‎5‎5 (“Customer Data“), ‎6‎6 (“Representation and Warranties“), ‎8 (“Intellectual Property; Trademarks“), ‎14 (“Links and Advertisements“), ‎15‎15 (“Disclaimer of Warranties“), ‎16‎16 (“Limitation of Liability“), ‎17 (Indemnification) and ‎19 (“Miscellaneous“), shall so survive. 
  13. Links and Advertisements. The Services may: (i) contain links to third party websites and/or applications that are not owned or controlled by Overstack; and (ii) display advertisements and other materials not operated or endorsed by Overstack. You acknowledge that we assume no responsibility over the items in subparts (i) and (ii) (including the privacy, and other, practices of the third parties that operate or control them) and you agree that we shall not be liable under any circumstances for any loss, damage or injury that results directly or indirectly therefrom. Your use or reliance upon such websites, applications and advertisements is at your sole risk and we encourage you to review the applicable privacy policies and terms of use.
  14. Disclaimer of Warranties. EXCEPT AS SET FORTH IN THIS AGREEMENT: THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  OVERSTACK DOES NOT WARRANT THAT (I) THE SOFTWARE WILL OPERATE ERROR-FREE; (II) OVERSTACK WILL CORRECT ANY ERRORS IN THE SOFTWARE; AND/OR (III) THE SOFTWARE WILL DETECT AND/OR CORRECTLY IDENTIFY, DISINFECT ALL THREATS, APPLICATIONS OR OTHER COMPONENTS, OR PREVENT EVERY UNAUTHORIZED EXFILTRATION OF DATA. OVERSTACK DOES NOT PROVIDE A WARRANTY AGAINST, AND YOU AGREE THAT OVERSTACK SHALL NOT BE HELD RESPONSIBLE FOR, ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS, USE OF THE SOFTWARE OR SERVICES. OVERSTACK DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS AND OVERSTACK DOES NOT TAKE ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, RELIABILITY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SOFTWARE OR SERVICES. OVERSTACK (INCLUDING ITS SUPPLIERS, IF ANY) DISCLAIMS ANY LIABILITY AND RESPONSIBILITY FOR USE OF, OR RELIANCE ON, THE SOFTWARE OR SERVICES AND ANY OUTCOME OR CONSEQUENCE ARISING FROM USE THEREOF. OVERSTACK RESERVES THE RIGHT TO MAKE CHANGES IN OR TO THE SOFTWARE AND SERVICES, OR ANY PART THEREOF WITHOUT GIVING YOU ANY NOTICE PRIOR TO, OR AFTER, MAKING SUCH CHANGES. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply. 
  15. Limitation of Liability. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL OVERSTACK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF INCOME, PROFITS, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARISE UNDER THESE TERMS OR THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you. OVERSTACK’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES AND LOSSES UNDER THESE TERMS, OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, SHALL NOT UNDER ANY CIRCUMSTANCE EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO OVERSTACK UNDER THESE TERMS WITHIN THE TWELVE (12) MONTHS, IF ANY, PRECEDING THE DATE OF BRINGING A CLAIM.
  16. Indemnification. You agree to defend, indemnify and hold harmless Overstack and our affiliates and our respective officers, directors, agents, consultants and employees from any third party claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from: (i) your use of the Services or any part thereof; (ii) your breach of these Terms; and/or (iii) any violation or breach of applicable laws or regulations.
  17. Assignment. These Terms and any rights or obligations hereunder: (i) may not be transferred or assigned by you without the prior written consent of Overstack; but (ii) may be transferred or assigned by Overstack without any restriction or limitation of any kind. Subject to the foregoing conditions, these Terms shall be binding upon and inure to the benefit of each party and its respective assigns. Any prohibited assignment shall be null and void.
  18. Miscellaneous. 
    • Independent Contractors. The parties are independent contractors. Nothing in these Terms shall create a partnership, joint venture, agency, or employment relationship between the parties. Neither party may make, or undertake, any commitments or obligations on behalf of the other. Neither party has the authority to bind the other party or to derogate from any obligation to the other party or to represent itself as an agent of the other or in any manner likely to cause confusion as to the fact that the parties are separate and independent contractors.
  19. Governing Law and Jurisdiction.These Terms shall be governed by the laws of the State of Israel, without reference to its conflict of laws rules. The exclusive jurisdiction and venue for all disputes hereunder shall be the courts located in Tel Aviv-Yaffo, and each party hereby irrevocably consents to the jurisdiction of such courts. Notwithstanding the foregoing, Overstack reserves the right to seek injunctive relief in any court of competent jurisdiction. 
    • Force Majeure. Neither party shall be liable to the other party for failure to perform any obligation under these Terms arising out of an event not under the control of that party, including but not limited to any law of God, terrorism, war, political insurrection, uprising, civil disturbance, act of civil or military authority, insurrection, earthquake, flood or any other natural person or person ultimately made out of our control.
    • Waiver. No waiver of any of the provisions of these Terms will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
    • Notices. You agree that, unless other instructions are provided by Overstack any notices required to be given under these Terms will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Overstack posted on the Whatslly website (https://whatslly.overstack.io/). All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
    • General. These Terms comprise the entire agreement between the parties regarding the subject matter hereof and supersedes and merges all prior understandings, oral and written, between the parties relating to the subject matter of these Terms. If any part of these Terms is held by a court of competent jurisdiction to be illegal or unenforceable, the validity or enforceability of the remainder of these Terms shall not be affected and such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced. No failure or delay in exercising any right hereunder by either party shall operate as a waiver thereof, nor will any partial exercise of any right hereunder preclude further exercise. 

Last updated: October, 2019

John Doe

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