The System is a system for managing projects, tasks, monitoring progress and execution, graphical and numerical presentation of data, communication between the various parties, also via e-mail, involved in each project and/or task and related service, according to the selected "program" on the System website (as detailed in the following: "System Services").
On these terms, the term "content" or "contents" includes data of any sort and kind, which is given, displayed, saved, or stored on any media. The term "site" is a website. The term "use of the System" includes, but not limited to, any existing and updated version, modification, improvement, update and/or upgrade of the System provided by the Company.
- The Use of the System – General Commercial Terms
- During the period in which you will purchase the System Services and pay the Company the relevant subscription fee for the program of your choosing, the Company will provide you with access to the System and its various components, according to your specific program.
- All of the services provided through the System and the Company website are provided via remote access and through software interfaces and information systems.
- The Company may choose to provide you with the services purchased in any way, including through a third party with whom the Company will contact for this purpose.
- License and Ownership of Intellectual Property
- The copyrights in the System, all the System Services, the System website, the knowledge and all intellectual property rights related to any of these, are the exclusive property of the Company and will remain its exclusive property, and the Company does not sell or transfer any part or interest of them to you and/or any of the users.
- The Company is not interested in receiving comments, suggestions, or materials regarding the development, design, and/or advancement of the System (hereinafter: "development proposals"), without an explicit request, and this is due to the desire to avoid any claims in the matter. Should you however decide to submit the Company any such development proposals, this will constitute a complete waiver of all your rights in the development proposal. It shall be clarified that what is stated in this clause should not be seen as an admission of the right of any person to any development right and/or another right, whatever it may be.
- System Registration and Providing Information
- Receiving the System Services requires registration to the service. As part of the registration, you will be required to provide details about you and about the business and/or company that you own. Among other things, you will be required to provide: name, address, I.D. number, dealer / P.C. number, e-mail address, credit card details, etc. Part of the requested details and information will be defined and marked as mandatory information as part of the registration process. You are not obligated to provide these details, however without doing so, you will not be able to use the System.
- You are asked to carefully fill in correct and up-to-date information. Providing incorrect information may harm the System Services and may even prevent you from using the System.
- In order to register to the System, you will be required to provide access and login details, such as username and password, which will use you for future logins to the System. Choose a password that is not easy to guess, keep these details confidential, and be sure to change your login password from time to time. The Company reserves the right to change the method in which you connect to the System, including by adding other and/or different identification information.
- The Use of the System
- Upon registration, the user is granted a free trial period for part of the System Services for a 30-day period, at the sole discretion of the Company. It shall be clarified that during the trial period the System Services are given as a gesture of goodwill, the Company does not owe the user anything, including having backups and/or the ability to restore user data, and the Company will not be liable to the user during this period, as detailed below.
- At the end of the trial period, the use of the System Services requires a fee as detailed below and to the side of each program on the System website. The service is an online service, and after selecting the requested program and making a purchase (subject to receiving payment confirmation), the System Services will be available to you.
- The System and the System Services are provided as is within the framework of a limited license as detailed below. The Company reserves the complete and exclusive right to change them from time to time, including by way of changing the structure, interface, appearance, scope, design, availability, and any other aspect related to the System and the System Services. Any such change will not require the issuance of any notice by the Company and will be made at the sole discretion of the Company. Naturally, such changes might involve malfunctions, inconvenience, the need to familiarize with new features and/or interfaces, etc., and you waive any complaint, claim or demand against the Company in regards to making such changes.
- The Company will have the right to display and/or integrate various content on the site, including advertising and/or marketing content at its sole discretion.
- Subscription Fees and Payments
- The use of the System and the System Services are provided in exchange for a monthly or periodic subscription fee, fixed or variable, as detailed on the System website as part of the terms of each program (hereinafter: "subscription fee").
- The subscription fees detailed on the website include VAT.
- The payment of the subscription fee will be made by credit card that you will give to the Company and/or another means of payment given that the Company approves such separately and in writing.
- The subscription fees will be collected by debiting the means of payment which you have provided to the System in advance at the beginning of each period according to the program selected for the next period (beginning of a month in a program with a monthly charge, beginning of a year in a program with an annual charge, etc.).
- The subscription fees will be paid and collected throughout the registration period for the System and/or the program, regardless of the actual use of the System. Meaning, even if you will not use the System nor the System Services, you are still required to pay a subscription fee for each period in which you purchase the System Services and subscribed and signed up for one program or another.
- After the purchase and/or on any periodic charge, an invoice will be sent to the e-mail address you have provided when registering, by law. Should you be interested in recovering a lost invoice, please contact our customer service and we will assist you to the best of our ability.
- Part of the programs may include the option to add additional users under the same account. In such case, the account owner will be the sole responsible for any addition and/or removal of users under his/her account, and the subscription fees paid by him/her would be updated, partially and/or fully, based on the chosen program and number of users.
- In addition to the subscription fees, you may be charged additional payments according to the services you have purchased. So, for example, if the System allows you, and you use the System to send SMS messages and/or text messages and/or e-mails, these System Services may be subject to additional and separate charges, depending on the number of text messages and/or messages you purchase in each period. These charges will be added to the subscription fee and will be charged separately and/or beside them.
- Termination and Cancellation of the Service
- Subject to the existence of a right of cancellation in appropriate cases according to the provisions of the Consumer Protection Law, 1981 (hereinafter: "Consumer Protection Law"), cancellation of the subscription and/or the program by you can be made within 14 days from the date of the initial transaction, by sending us a message in accordance with the contact details listed above. Receipt of reimbursement in appropriate cases will be in accordance with the provisions of the law.
- In any case of cancellation, you will not be given any refund and/or compensation and/or payment for funds you have spent and/or services you have purchased, unless such an obligation in the law exists.
- The cancellation will always come into force at the end of the next subscription period depending on the type of program chosen. And therefore, no credit will be given for the period in which you have requested to cancel the service, and simultaneously you can continue using the System until the end of that period. So, for example, a user who purchased an annual plan on January 1, 2020, will be charged for the entire year 2020 on that date, and if the user requests to cancel the registration on May 1, 2020, the cancellation will come into force only at the end of the year, past December 31, 2020. Accordingly, the user can continue to use the System until the end of the period (until the end of 2020), and will not be entitled to any refund and/or payment for the year 2020. Another example is a case of a user who purchased a monthly subscription and asked to cancel it on January 5th. In this case, the cancellation comes into force on February 1, the user will be fully charged for January and can continue to use the System until the end of January, while in February the user will no longer be charged and the access to the System will be blocked.
- In addition, in any case, no refund will be given for services purchased through coupons and/or benefits and/or as part of a periodic discount, apart from the sum actually paid by you.
- Without detracting from the above, the Company may at any time stop providing the System Services, in whole or in part, to all and/or some of the users of the System. Should it be possible at the sole discretion of the Company, the Company will publish a notice of termination of services a reasonable time in advance.
- The Company reserves the right to stop providing you with services and/or block your use of the System immediately in any of the following cases:
- termination of payment and/or blocking and/or limitation of the means of payment provided by you;
- existence of a debt owed by you to the Company that was not paid on time;
- use of System that constitutes a violation of any provision of law or is perceived as illegal as mentioned;
- if you handed the login information assigned to you when registering to third party use;
- any other action and/or omission that may harm the Company, the integrity of the System, or any other third party, including suppliers and/or partners of the Company.
In such a case, and without limiting the generality of the foregoing, you will not be given and will not be entitled to a refund, in full or in part, of the funds paid by you for the System Services, without detracting from any right and/or remedy and/or aid and/or claim of the Company and/or any third party towards you. No blocking, interruption, or restriction of System Services, as stated above, shall impose any liability on the Company, and/or derogate from your obligation to act at any time in accordance with the instructions of this agreement.
- Technical Support and Customer Service
- The Company is not obligated to provide technical support services and/or customer service to System users. Should the Company choose to do so, that shall be beyond the strict letter of the law and according to its sole discretion, and you waive any claim related to it.
- Should the Company choose to supply its System customers, all or part of them, with technical support and customer service (hereinafter: "support services"), the following rules and conditions will apply:
- the support services will be provided via phone and/or remote communication (e-mail, chat, etc.) according to the Company's decision and at its sole discretion;
- the support services will be provided in a limited manner, only on days and hours published by the Company, and in any case except Saturdays, holidays, holiday eves and other days as is custom;
- the support service will be conditioned on a reasonable knowledge level of you and/or the caller on your behalf in computer operation, internet browsing and basic familiarity with software and proper operation of the internet, and subject to the existence of a work environment as required for browsing and connecting to the System;
- in any case the Company will not be responsible for any fault and/or delay and/or damage and/or cease of System Services, resulting from circumstances beyond the control of the Company, including but not limited to force majeure. Among other things, the Company will not be responsible in any case of failure of communication and/or infrastructure and/or cloud services that are not under the Company's control;
- the support services will only be provided to a user who has an active account and pays the subscription fee as required. Without detracting from the above, the Company may refrain from providing the service without prior notice, in the event of non-repayment of any debt by the user towards it;
- the Company's willingness to provide the customer with the support services will not illustrate or attest to any liability of the Company beyond what is detailed in this agreement.
- User Liabilities
- not to perform through the System and/or the services of the System any action that is not within the provisions of the law and/or that constitutes a violation and/or infringement of the legal rights of any third party;
- avoid using the System for storage and/or collection and/or process of sensitive data as defined by law, including medical information, security information, and/or any other information concerning the privacy of a person. The Company does not access the information managed by you in the System and is not aware of its contents, and does not bear any responsibility for this data;
- not to transfer your access information to the System and System Services to any other third party without obtaining the Company's prior written consent;
- not to perform any action that may impair or sabotage the proper operation of the System and/or the System website;
- to inform the Company immediately of any event and/or unauthorized use of your account in the System, that may compromise the System and/or the data processed within it;
- not to attempt to gain any unauthorized access to the System Services and/or breach and/or hack into any component of the System in an unauthorized manner;
- not to perform via the System and/or the System website any action of data mining and/or collection;
- to pay the subscription fees as required and not cancel and/or stop the payment for services purchased and/or used by you.
- Liability Limitation and Indemnification
- You confirm and declare that before you have contracted with the Company on these Terms of Service and have not yet registered for the System Services, you have reviewed the System and found it and the System Services, for their capabilities and limitations, fit to your needs as they are. Therefore, you waive any complaint, claim, and/or demand towards the Company in this matter.
- The use of the System is at your exclusive and complete responsibility. The Company shall not be liable, whether under contract law, tort law (including the tort of negligence) or any other way, to you or any third party for any loss or damage including, among others, indirect, special or consequential damages and any loss or damage to business income, loss of profits or reputation, and lost or damaged data or documentation, which was caused to any person, which is due to and/or refers to and/or related to any use of the System, even if the Company was aware that such damages might occur.
- The Company and those acting on its behalf, are in no way responsible for your use of the System, its success, and/or results, either directly or indirectly, and/or for any reliance from your part on the system and/or its use.
- The Company does not guarantee that the use of the System and System Services will not be interrupted, will be provided properly without interruptions, will be secure without errors or will be free from damage, malfunctions, malfunctions, bugs or failures, and by using the System, you release the Company and/or any who acts on its behalf from any responsibility and/or liability related to it.
- It shall also be clarified, that the Company will not bear any responsibility, direct or indirect, towards users who are in the trial period and/or in any other period in which the System Services are provided to them free of charge.
- It shall be clarified that the Company places the System for your use without designating it for any critical and/or sensitive use, but for general use of your choice, and should you choose to manage projects and/or tasks of sensitive and/or critical manner and/or potential for any damage, you do so under your sole responsibility and the Company will not bear any damage caused to you and/or the project and/or the task, even if this damage was caused due to damage and/or disruption to the System's activity.
- Without limiting the generality of the foregoing, it shall be clarified that you bear full responsibility for all of the information entered by you into the System and you have the responsibility of verifying and checking the correctness and intactness of the information contained and processed within the System. The Company does not routinely access this information and does not examine it, and in any case, will not be responsible for any of the following:
- correctness and/or intactness and/or wholeness of the information;
- any violation and/or infringement of any law related to your use of the System;
- infringement of copyright and/or any other right by the law, which is the result of entering information and/or logos and/or trademarks into the System by you;
- any link and/or reference made by you to any of the documents produced in the System;
- any direct mail and/or spam sent by you through the System illegally;
- any action and/or omission and/or other infringement committed by you through the System illegally.
- Should the System allow mailing and/or sending messages and documents, the Company is not responsible for documents sent through the System reaching their destination, and it is recommended that you check with the recipient that the documents you had sent through the System were indeed received by them. It should be noted that some of the e-mail interfaces and/or software may block receiving mail from the System and you must make sure with your customers that the information reached them as required.
- The Company invests efforts to ensure the correctness and continuity of proper use of the System at all times. In case you are made aware of any error or mistake in the System, we will be happy if you could inform us by e-mail at [email protected]. However, the Company does not guarantee that the System Services will be provided at all times, in a complete, continuous, and constant manner. Like any other System, the Company is also exposed to such and other errors, malfunctions, bugs, and failures, and you hereby waive any complaint and/or demand and/or claim regarding any malfunction and/or damage to the System and/or its use.
- It shall be clarified that all of the general information presented by the Company, including under questions & answers and/or tips on the website, the System, newsletters for users, articles and any professional material and/or any other guide that the Company might publish, is a recommendation only, and should not be viewed as professional advice. The use of this information is your sole responsibility, and the Company is not responsible for the correctness and/or up-to-dateness of the information and any of the consequences of the use of this information.
- Third-Party Websites and Links
- The System and/or the System website might contain, among other things, various links to other sites, including through advertisements and browsers content, and may include advertisements from sites, people, and other parties that are not of the website. It is clarified that the Company, the System, and the workers on their behalf, are not responsible in any way for foreign content and/or link and/or publication and/or unpublished information.
- Any use of foreign content and/or information from sources not on the site and/or reliance on it will be made at the sole and full responsibility of the user.
- The Company shall have the right to terminate the activity of the System and/or the System website temporarily and/or permanently at any time and at its sole discretion.