Terms of Service
Last modified: June 24, 2019
1.2 The use of the Service is restricted solely to legal purposes.
1.3 The purpose of the Terms is to regulate the relations between the operator of the Service, If-So Technologies Ltd., Israeli CN 516016797 (the “Operator”) and any person and/or entity using and/or accessing the Website and the Service of the Operator. By using the Service, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the Website and refrain from any use of the Website. The Operator reserves its right to terminate Your use of the Website if You will not comply with any or all of the Terms.
1.4 The Terms determine Your access to the Service and will apply to any of Your use in the Service including, but not only, use of data, content and services in the Website or links to other sources of information and on any transmission of data and constitutes the legal basis to any of your actions and/or communications during any use of the Website.
1.6 The Terms constitute the entire agreement between You and the Operator and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the Website, the provisions of the Terms shall prevail.
1.7 It is clarified that the Operator reserves its right to change and/or terminate the activity of the Service, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
1.8 The Service is active and accessible at all hours of the day at every day, and You may use it at all times. However, the activity of the Service may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.
1.10 It is hereby clarified that You declare, warrant and understand that any of Your use and reliance on information available in the Service is at Your own responsibility and You will not have any claim against the Operator and/or anyone on the Operator’s behalf in case of and damage which may occur resulting from Your reliance of such information You were exposed to during Your use of the Service. For the avoidance of any doubt, the Service is solely a WordPress plugin which helps its Users to increase their website’s engagement, conversion and sales. However, the Operator cannot warrant that Your use of the Service will reach any of Your desired results including any increase in Your website’s traffic, therefore the Operator will not be liable under no circumstances to any damage and/or loss resulting from Your reliance on the Service and the Operator may not be considered as an entity which warranted any profit resulting from Your use of the Service.
1.11 The Operator is not liable for any of Your use of the Service including any interaction between the Plugin and Your website. For example, the Operator cannot be liable for the Plugin’s influence on Your website’s loading time, SEO optimization, ranking of Your website, etc.
“Content” means the Website, the Plugin, online webpages, the sorting and display of information and any other illustrative form in the above and in mailings.
“Service” means the Website, the user account including its instructions, other related products and services, personal support service if provided, and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.
“Account” means the account opened by Your name in the Website including Your registration or any other use of the Service without creating an account.
“Website Errors” or “Plugin Errors” means any interruption in the Website’s or Plugin’s availability due to reasons which are not directly controlled by the Operator.
“You” or “Users” means, inter alia, individuals and entities authorized by the Operator to use the Service and Your employees, consultants, service providers, agents and/or third parties which You have business with.
“Your Data” means all data and/or information in electronic form which You provide or as collected by the Operator in the Website during Your use of the Website.
3. Subscription Terms
3.1 Users subscribing to the Service (the “Subscribers”) will be bound to the following terms in addition to all the Terms in this agreement.
3.2 In order to use the Services provided by the Operator, the User must subscribe to the Service by filling a form and providing details as requested by the Operator. It is clarified that the Operator may change any requested details from the User at any time and under its sole discretion; and the Operator reserves its rights to decline a subscription request and/or cancel a subscription plan, for any reason, under its sole discretion and without providing such reason.
3.3 Following a free trial period for a term determined by the Operator from time to time, it is possible to subscribe for several subscription plans at prices as determined by the Operator. The Operator may change the prices and the trial period at any time as well as any of the Services at its sole discretion and You will not have any claims against the Operator in such cases.
3.4 Subscribing to the Service is subject to a yearly fee according to the User’s choice which shall be charged in advance at a yearly or monthly fee as decided by the Operator from time to time. The Operator reserves its right to increase or decrease such fee and/or to change the available subscription plans at its sole discretion and without any prior notice. In case of a decrease of the subscription fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction and the User shall not have any claims against the Operator in such case.
3.5 Any subscription plan will be automatically renewed until canceled by the User, and in case of a decrease of the subscription fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction and the User shall not have any claims against the Operator in such case.
3.6 The User may pay via PayPal or credit card. It is clarified that the Operator may change, at its sole discretion, the payment methods at any time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
3.7 It is clarified that should You pay via PayPal, such service is provided by a third party which is not controlled by the Operator. Therefore, the Operator shall not be liable for any faults and/or errors including any security issues resulting from such payment method as set forth above.
3.8 Should a Subscriber not settle any payment of subscription fees, the Operator will block the Subscriber’s access to its Account without derogating from the Operator’s right to collect any unpaid fees including via taking legal actions against such Subscriber.
3.9 The Subscriber may cancel his subscription via PayPal following the instructions in the following link: https://www.paypal.com/cs/smarthelp/article/how-do-i-cancel-a-subscription-faq577 and its subscription will be canceled within a reasonable period from the day of such request. It is clarified that cancellation of a subscription plan will not cancel any due payments and the Subscriber will not be entitled to any refund of any payments that were already paid, and all subscription fees are non-refundable.
3.10 It is further clarified that the Operator reserves its right at any time and at its sole discretion to change the subscription fees and the Services it provides and/or to add additional features to the Service and the User shall not have any claims against the Operator in such case.
3.11 The Operator reserves its rights to shut down the Service or any part thereof for any reason at any time at its sole discretion and You will not have any claims against the Operator in such case, and the Subscribers will not be entitled to any refund and/or payment deduction paid by them for the Services.
4. Liability and Limitation of Liability
4.1 It is hereby clarified that despite making its best efforts, the Operator is not liable for any of Your use of the Service including any interaction between the Plugin and Your website. For example, the Operator cannot be liable for the Plugin’s influence on Your website’s loading time, SEO optimization, the ranking of Your website, etc.
4.2 The Operator reserves its rights to act against a User which will breach any of the Terms including, but not only, blocking the User’s access to the Service and shutting down his Account without prior notice and under its sole discretion without refunding such User’s account in case of a breach, and the User will have no claims against the Operator in such case.
4.3 The Operator shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to You resulting from Your use of the Service and/or resulting from Your reliance on any Content and Service available in the Website.
4.4 The Operator has no relation and/or connection to any of Your actions using the Service and the Operator is not liable for any of Your actions resulting from Your use of the Service and You will not have any claim against the Operator regarding any damage caused to You resulting from Your use of the Service.
4.5 The Operator does not warrant that all links available on the Website, including links available on mailings sent to You by the Operator, are active and/or will lead to an active website, and the existence of such link shall not be considered as an opinion, recommendation or advice regarding any content appearing in such link. In no case shall the Operator have any liability to You regarding such matter. Without derogating from the above, the Operator shall not be liable for any damages, direct or indirect, caused to You resulting from Your use and/or reliance on information and content appearing in any third-party webpages which their links may be available on the Website.
4.6 The Services available on the Website may be interrupted and/or may face errors. The Operator does not warrant that the Website will be immune of any illegal access the Operator’s computers and/or any damages, errors, faults relating to hardware, software and/or communication line and/or any other damage which may be caused to the Operator and/or any of its providers. The Operator shall not be liable for any direct or indirect damage caused to You and/or any third party including to Your assets, including, but not only, any damage resulting from loss of information or content uploaded by You.
4.7 The information and Services available on the Website may include inaccuracies or mistakes. The Operator does not warrant that the Service will be uninterrupted or error-free or that the Service or the servers providing the Service will be virus-free or free from other harmful components. The Operator does not warrant that the use or the result of the use if the Service or the use of the materials deriving from the Service will be accurate, correct and/or reliable in any manner.
4.8 You hereby agree that the Operator will not be liable for any unauthorized access to Your account including any change in content You uploaded and/or sent, whether received or sent by You or not.
4.9 The Operator has no responsibility for any of the management of Your website and it is Your responsibility to ensure that Your use of the plugin will not cause any damage to Your website.
5. Intellectual Property
5.1 All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence including those which are related to the Website and the Plugin, are solely reserved to the Operator.
5.2 Without derogating from the above, the Website, all the webpages of the Website and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.
5.3 You may not copy, reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing in the Website without the Operator’s prior and written consent.
5.4 You warrant not to publish the Content or any part of it except as permitted in the Terms, and You warrant not to publish any product and/or output of information, whether tangible or intangible or in any other form, and You will copy and/or duplicate and/or create derivative works and/or modify and/or adapt the Content for publishing, advertising, displaying, performing, transmitting, broadcasting, making available to the public, selling and/or any other action without the Operator’s prior and written consent.
5.5 By using the Service You agree that as long as the Service is active, any of Your details will be used without receiving any payment, including royalties, and such use will not consist of any violation of the Terms and/or infringement of Your rights including any violation of the Israeli Copyright Law Act-2007 and/or any other applicable law. It is clarified that the Operator may use any of Your content and details under its sole discretion provided that such use will be reasonable and legal by any applicable law.
5.6 The ownership and the intellectual property rights of contents of third parties including images displayed in the Website are owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Website. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Website, including any future changes to the Third Party Agreements.
5.7 The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator via email address: email@example.com.
You shall indemnify and hold the Operator and its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, members and attorneys harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) arising out of or relating to: (i) Your gross negligence or willful misconduct; and/or (ii) Your use of the Website; and/or (iii) Your Data; and/or (iv) Your breach of these Terms; and/or (v) the use by You of any third party’s intellectual property, or any action or inaction by you that infringes or misappropriates the intellectual property rights of a third party or violates applicable law.
7. Use of Personal Information
8.1 The Operator may offer to its users to receive service notifications and email messages and/or newsletters about updates, improvements and other user notifications regarding the Operator’s activity, including via emails (the “Mailings”).
8.2 It is clarified that at any stage You will have the ability to opt-out of receiving the Mailings by contacting the Operator and/or by clicking on a link available on the Mailings sent to You by the Operator.
8.3 For the avoidance of any doubt, the terms in this Section 8 are bound to the Israeli Communication Law (Telecommunication and Broadcasting-1982).
9.1 The Service is protected and secured using advanced security tools which are intended to ensure safe and secure use of the Service and to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the Service including, but not only, theft of information of other users and breaching the security mechanisms of the Service. The Operator will act against You in such case by any means permitted by law including blocking Your access and use of the Service and taking legal actions against You in such case.
9.2 Should You breach any of the above, by negligence or on purpose, the Operator will have the right to block Your access to the Service and You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.
10. Term and Termination
10.1 This Agreement commences on the day You start using the Service until You refrain from any use of the Website and the Operator’s services.
10.2 The Operator may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful); and/or (iii) the provision of the Service is no longer commercially viable. In case of each of the above the Operator shall, where possible, give reasonable notice of such termination.
10.3 The Operator reserves its rights, at its sole discretion, to amend the Terms at any time by publishing such amendments on the Website and notifying of such amendment. Any amendment will become into force immediately upon notifying of such amendment. Your continuation of using the Website will be considered as consent to such amended terms.
10.4 The Operator reserves its rights to shut down the Website or any part thereof for without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.
10.5 All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.
11. General Terms, Governing Law and Messages
11.2 The Account is personal and non-transferrable.
11.3 If You have any inquiries regarding the Terms, You may address the Operator via email address: firstname.lastname@example.org.
11.4 The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator’s behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on information available on the Website.
11.5 This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the courts of Tel Aviv, Israel, for any litigation and/or dispute arising out of this Agreement.
11.6 All notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon sending an email with a confirmation of arrival.