If you’ve landed on this page, you are probably interested in our services but want to be certain about what you get and learn more about our terms.
In these Terms, anything that appears in a masculine form shall also mean the feminine form and vice versa.
CliClap is a Marketing technology that aims to help B2B marketers increase engagement with their website visitors and convert more of those visitors to qualified leads. It does so by displaying personalized content recommendations and actions using your existing website content (videos, e-books, blogs, product pages, etc.) and goals (request a demo, subscribe to a blog, etc.)
The recommendation engines are based on CliClap’s proprietary machine learning algorithms that track how visitors interact with your website and which actions drive visitors to engage and convert.
These Terms constitute a binding and enforceable legal contract between CliClap Ltd. (“CliClap” or “We”) and you (“User” or “you”) in relation to the use of any CliClap Services – so please read them carefully.
Subject to these Terms, we grant to you a limited, non-exclusive and non-transferable license to use our Services for your own use and not for resale or further distribution. Your right to use CliClap is limited by all terms and conditions set forth in these Terms. Except for your pre-existing rights and this license granted to you, CliClap and its licensors retain all right, title and interest in and to our Services. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not authorize any third party to modify, reproduce, translate, decompile, disassemble, reverse engineer or create derivative works of CliClap. You are not authorized to rent, lease or sublicense access to any of our Services; or circumvent or disable any security or technological features or measures of our Services.
In order to access and use certain sections and features of our Services, you must first create an account with CliClap (“User Account”).
All actions taken in your account and all activities occurring will be deemed to be on your behalf and in your name, and are your responsibility. We strongly encourage you to keep the login credentials of your User Account confidential and allow such access only to people you trust. The account information you provide us must be your own (or your company’s), and be accurate and complete, as we may use it to identify the actual owner of the User Account submitted to us.
In case a User Account is disputed, we reserve the right to determine the ownership of such User Account based on our reasonable judgment.
Access To The Service
CliClap does not provide the equipment to access our Services. You are held responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers).
CliClap reserves the right to modify or discontinue, temporarily or permanently, all or any portion of our services without notice. CliClap will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services.
CliClap also reserves the right, in our sole discretion, to reject, refuse service, or delete any User Data, and to restrict, suspend, or terminate your access to our services at any time, for any reason, without prior notice, and without liability.
You shall use our Services only in compliance with all applicable laws, including any applicable data protection and privacy laws, and the terms of this Agreement. You shall not and shall not permit or authorize any third party to: (i) copy, rent, sell, lease, sublicense, distribute, assign, or otherwise transfer or encumber rights to our Services, use our Services for the benefit of any third party, or make our Services available to anyone other than its Users; (ii) use our Services to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, or to process, send or store Sensitive Information, infringing or unlawful material, viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs; (iii) circumvent or disable any digital rights management, usage rules, or other security features of the Services, or otherwise attempt to gain unauthorized access to, or disrupt the integrity or performance of, the Services or the data contained therein; (iv) modify, copy, translate, enhance, decompile, disassemble, reverse engineer or create derivative works based on our Services, or any portion thereof; (v) access or use our Services for the purpose of building a competitive product or service or copying its features or user interface; (vi) remove, alter, or obscure any copyright, trademark or other proprietary notices appearing in or on the Services; or (vi) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, the Services.
“Sensitive Information” shall mean (a) information under regulatory or contractual handling requirements (e.g., Payment Card Industry Data Security Standards), including, but without limitation, financial account numbers, debit or credit card information, magnetic stripe data, or card verification values; (b) government issued personal identifiers, including, but without limitation, passport numbers, or other state issued identification numbers; (c) bio-metric identifiers, including without limitation, genetic data or health data; (d) personally identifiable information collected from children under the age of 13 or from online services directed toward children; (e) real time geo-location data which can track or identify an individual’s precise movements; (f) passwords, authentication/authorization credentials, business secrets deemed highly confidential (e.g., highly-confidential business strategies and communications, sensitive attorney-client privileged and confidential communications); export-controlled information for which you have not obtained all required export licenses or government approvals; or (h) other information the unauthorized disclosure of which could cause material, severe, or catastrophic harm or impact to any data subjects or third parties.
Subscription Plans are billed in advance of their respective terms and automatically renew at the end of their respective terms for an equivalent term, or as otherwise stated in the Order Form, unless you choose not to renew such plan by writing to CliClap or CliClap terminates the Agreement. You must provide current, complete and accurate billing and credit card information, and agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which you shall be responsible to pay.
Fees do not include any local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, use or withholding taxes (collectively, “Taxes”). You are responsible for payment of all Taxes associated with its purchases hereunder, and any related penalties and interest. If your payment fails, and after we have reached out to you, CliClap reserves the right to suspend or terminate access to the Application Services and delete the User Content.
CliClap’s technology tracks how your visitors (your “Visitors”) use your website and provides you the ability to collect information based on their interaction. CliClap does this in part using a tracking code placed on your User’s device from your server. Some information is automatically collected from or about your Visitor when you use our Services. If you integrate the official CliClap tracking code in your website it may by default collect Visitor data including but not limited to: the time of an event, the elements a Visitor has interacted with, metadata and other details about these elements, and how a Visitor came to your site.
We collect, store, and use your Visitor data on our servers to provide you with the ability to better maintain and improve your Services. We may also use data in an aggregated form for our own purposes.
Our Services transfer data to servers that store User data in the U.S. and outside the U.S. We only share User information with others under special circumstances as follows
- To comply with laws or to respond to lawful requests and legal process (provided that CliClap will endeavor to notify you if CliClap has received a lawful request for your information);
- In an emergency, including to protect the personal safety of any person; And for the purposes of a business deal (or negotiation of a business deal) involving sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture, or bankruptcy transaction or proceeding).
CliClap provides you with access to your Visitor data. We also take commercially reasonable steps to safeguard Visitor and User data.
CliClap may also collect registration and other information about you as our customer.
You may terminate this Agreement at any time by requesting CliClap to deactivate or delete your User Account. Your obligation to pay charges and fees accrued up to the date of termination shall survive any termination of this Agreement.
CliClap may also terminate your User Account with or without cause at any time. In that case, CliClap shall notify you via email to your registered email account. We may immediately terminate this Agreement if you: (i) terminate your business activities or become insolvent; (ii) admit in writing to the inability to pay your debts as they mature; (iii) make an assignment for the benefit of creditors; (iv) become subject to direct control of a trustee, receiver or similar authority; or (v) do not pay the fees when due in accordance with your Subscription Plan.
The Application Services or Documentation may display, contain links to, or connect with third-party products, services, and websites (collectively, “Third-Party Services”). Any statements, services, offers, or other information that constitutes part of the Third-Party Services made available by other users or other third parties on the Application Services or CliClap Sites, or which are accessible through or may be located using the Application Services are those of the respective authors or producers and not of CliClap or its stockholders, directors, officers, employees, agents, or representatives. CliClap does not control Third-Party Services and does not guarantee the accuracy, integrity or quality of such Third-Party Services. Third-Party Services are governed solely by the terms and conditions of those Third-Party Services and CliClap is not responsible for the performance of and does not endorse any Third-Party Services or any information or materials advertised in any Third-Party Services. CliClap is not responsible or liable, directly or indirectly, for any damage or loss caused to User by User’s use of or reliance on any Third-Party Services. It is User’s responsibility to evaluate the information, opinion, advice, or other services available on and through the Application Services.
CliClap does not provide the equipment required to access the Application Services. User is responsible for all fees charged by third parties related to User’s access and use of the Application Services (e.g., charges by Internet service providers).
When you visit CliClap’s website or send emails to us, you are communicating with CliClap electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CliClap may provide you with a mechanism to provide feedback, suggestions, and ideas (“Feedback”). You agree that we may, in our sole discretion, use your Feedback to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner and for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
You declare that You are 16 years of age or more, have a capacity to engage with CliClap in these Terms and take full responsibility for the use of our website or use our Services. You are solely responsible for any content and other material that you consume, submit, publish, transmit, or display on, through, or with CliClap.
You undertake not to use the website or Service to distribute copy, reproduce, transmit, publicly display, publish, edit or create derivative works from any content that contains pornographic material, violent expressions, defamation, slander and hate speech, bullying, and harassment including content that directly attacks people or shaming them based on their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, or gender identity, or serious disabilities or diseases;
The CliClap logo, and any other product or service name or slogan displayed on the Services are trademarks of CliClap and may not be copied, imitated or used, in whole or in part, without the prior written permission of CliClap. You shall not use any metatags or any other “hidden text” utilizing CliClap or any other name, trademark or product or service name of CliClap without prior written permission. In addition, the look and feel of CliClap, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark and/or trade dress of CliClap and may not be copied, imitated or used, in whole or in part, without prior written permission.
CliClap reserves the right, at its sole discretion, to modify or replace any part of this Agreement. You will be held responsible to check this Agreement periodically for changes. Your continued use of or access to CliClap following the posting of any changes to this Agreement constitutes acceptance of those changes.
CliClap may also offer new services in the future and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Warranties; Disclaimer Of Warranties
CliClap warrants you that our Services will perform materially in accordance with the documentation that accompanies or is available for the Services. CliClap’s sole liability and User’s exclusive right and remedy for a breach of the foregoing warranty is for CliClap to correct or reperform the nonconforming Services.
You warrant that you own or obtained all necessary rights, title, and interest, and obtained all necessary consents, to transfer the User Data to CliClap and its data center provider(s) for the purpose of processing such Customer Data in accordance with this Agreement.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, USE OF THE SERVICES PROVIDED BY CLICLAP INCLUDING BUT NOT LIMITED TO THE SERVICES, ANY PROFESSIONAL SERVICES AND CUSTOMER SUPPORT SERVICES IS AT CUSTOMERS’ SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLICLAP AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED INDEMNITIES AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CLICLAP DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ITS SERVICES, AND CUSTOMER RELIES ON SUCH SERVICES AT CUSTOMER’S OWN RISK. NEITHER DOES CLICLAP GUARANTEE THE ACCURACY, USABILITY, COMPLETENESS, OR USEFULNESS OF ANY CUSTOM REPORT, AND USERS USES CUSTOM REPORTING FEATURES AT USER’S OWN RISK. ANY MATERIAL THAT USER ACCESSES OR OBTAINS THROUGH CLICLAP’S SERVICES, INCLUDING USER CONTENT, IS DONE AT USER’S OWN DISCRETION AND RISK AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM CLICLAP OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation Of Liability
CLICLAP WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will defend, indemnify and hold harmless CliClap from any costs, damages, expenses, and liability caused by your use of our Services, User’s violation of this Agreement, User Content, or User’s violation of any rights of a third party through the use of our Services.
Applicable Law and Jurisdiction
If you have any questions or concerns about CliClap’s services or these Terms, you may contact us by email at [email protected].
Last modified on: February 9th 2020