Terms

Last modified on: May 24th 2018

CliClap Ltd., (“CliClap”, “We” or “Us“) offers a software as a service which can be used by its customers and website owners (the “Clients“) as a marketing solution for the purpose of increasing their websites engagement, conversion rates and analyzing their success (the “Services“).

These Terms of Use governs the relationship between CliClap and you, the user of CliClap’s website (the “Website” and “You” respectively), who access the Website to receive information regarding CliClap and the Services (the “Terms”).

By accessing or using any part of the Website, You agree with these Terms. If You do not agree with these Terms or any condition thereof, please do not access Website.

CliClap reserves the right to change, alter, replace or otherwise modify these Terms (including CliClap’s Privacy Policy, as defined below) at any time. CliClap shall post a notice with respect to any updates in these Terms. You are advised to review these Terms regularly for any changes. The continuance of use by You of the Website following the posting of any changes to these Terms constitutes acceptance of those changes.

These Terms apply to the use of the Website and the Services contained therein via any computer, cell phone or any other communication device.

In these Terms, anything that appears in a masculine form shall also mean the feminine form and vice versa.

The introduction to these Terms is an integral part of the Terms.

Terms of use

  1. You are entitled to use the Website subject to the provisions of these Terms.
  2. You declare that You are an individual either 16 years of age or more, have a capacity to engage with CliClap in these Terms and take full responsibility for the use of the Website.
  3. You undertake to refrain from taking the following actions in relation to the Website:
    1. Using the Website in an illegal manner or with the intention to violate any applicable law or in any manner prohibited by these Terms;
    2. Making any alteration, modification or changes to the Website;
    3. Interfering with the Website design, source code or any element of the Website;
    4. Inappropriately using the intellectual property rights of any third party;
    5. Removing or obscuring any proprietary notices on the Website;
    6. Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of CliClap’s server, or to any of the services offered on or through the Website, by hacking, password “mining”, or any other illegitimate means;
    7. Using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy reverse engineer, disassemble, monitor, decompile or otherwise attempt to discover any portion of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
    8. Probing, scanning or testing the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
    9. Using the Website 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;
    10. Using the Website in a manner which is not in accordance with CliClap’s Privacy Policy (as defined below), with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data from the country in which you reside).
  4. CliClap reserves the right to prevent a user who has violated any provision of these Terms from using the Website.
  1. CliClap reserves the rights to change, suspend or discontinue the use of the Website at any time, including the availability of any feature, database, or content. CliClap may also impose limits on certain features and services or restrict Your access to parts or all of the Website without notice or liability.

Limitations of Use

Without derogating from any of the terms and conditions herein, You undertake to act in accordance with the following terms:

  1. You have examined, before using the Website, and ensured that the Website are suitable for Your needs, and You waive any claim with respect to the Website not being fit for Your needs.
  2. You are solely responsible to verify before using the Website the condition of Your internet connection – CliClap shall not bear any responsibility for damage that may be caused due to Your internet connection problems.
  3. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Website.

In case that You are accessing the Website through Your cell phone, You acknowledge that the availability of the Website is depended on Your mobile device and Your mobile device’s carrier (“Carrier”). You acknowledge that You are responsible for all fees charged by the Carrier in connection with Your use of the Website. You also acknowledge that You are responsible for compliance with all applicable agreements, terms of use/service, and other policies of the Carrier. CliClap shall not bear any responsibility for damage that You may incur due to the Carrier’s connection failure or mobile device problems.

The Website Services

You can use the Website in order to view the information about CliClap’s products and Services made available by CliClap, the pricing for such products, and any other contact CliClap decide to share with the visitor to the Website.

CliClap may from time to time release bug fixes, updates, upgrades and other modifications in order to add more features and to improve the performance of the Website (“Updates”). CliClap shall notify You from time to time with respect to major Updates. The Updates shall be subject to the terms and conditions of the Terms of Use.

You can choose to opt out and to stop using the Website, stop receiving information, contacting You or refrain from sending you his information regarding to CliClap, in the form and manner described below.

Intellectual Property

You hereby acknowledge and agree that all intellectual property rights, including without limitation copyrights, patents, logos, trademarks, and trade secrets, made available by CliClap through the Website are owned by CliClap or its affiliates or licensors. Your possession, access, and use of the Website do not constitute as a transfer to You or any third party any rights, title, or interest in or to such intellectual property rights. CliClap and its affiliates and licensors and suppliers reserve all rights not granted explicitly in the Terms of Use.

You represent and warrant that: (i) with respect to all information You provide to CliClap (such as, registration information, access to cookies etc., as described in the Privacy Policy), You have the full right and authority to make such provision and to allow CliClap to use such information to provide the Website (including, without limitation, for CliClap to provide such information to its data providers), (ii) none of the content transmitted, uploaded or otherwise distributed by it (or its partners or any third party) through use of the Website will infringe or otherwise conflict with the rights of any third party.

In case that You choose to opt out from the Website, CliClap may, but is not obligated to, maintain Your information for a period of 12 (twelve) months following the termination. After the said 12 (twelve) months period, CliClap may, but is not obligated to, delete this information. If You wish to delete your information sooner, You must contact CliClap and ask for such deletion.

CliClap does not support the distribution of pornographic or other offensive content. Except as expressly authorized by CliClap in writing, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.

Privacy

CliClap’s current privacy policy is available at CliClap’s Website (the “Privacy Policy“), which is incorporated by this reference. CliClap strongly recommends that you review the Privacy Policy closely.

Disclaimer

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.

WHILE CLICLAP USES REASONABLE PROTECTION TO CORRECT ANY ERRORS OR OMISSIONS IN THE WEBSITE AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO CLICLAP’S ATTENTION, CLICLAP MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESSED OR IMPLIED) REGARDING THE WEBSITE OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. CLICLAP DOES NOT WARRANT THAT YOU USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY PART OR PARTS THEREOF, OR THE SERVERS ON WHICH THE WEBSITE OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CLICLAP AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND YOU HEREBY WAIVES SUCH CLAIM OR WARRANTY.

CLICLAP USES REASONABLE MEASURES IN ORDER TO PREVENT FROM ANY CONTENT THAT CONTAINS PORNOGRAPHIC MATERIAL, VIOLENT EXPRESSIONS, 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, TO BE PUBLISHED THROUGH THE WEBSITE. YOU AGREE NOT TO DISTRIBUTE COPY, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLISH, EDIT OR CREATE DERIVATIVE WORKS FROM SUCH MATERIALS OR CONTENT. NOTWITHSTANDING, CLICLAP SHALL NOT BE LIABLE TO ANY DAMAGES CAUSED BY CONTENT PUBLISHED BY YOU OR ANY OTHER USERS AND YOU HEREBY WAIVES ANY CLAIM AND/OR DEMAND AGAINST CLICLAP WITH RESPECT TO SUCH CLAIMS.

WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THE TERMS OF USE.

Limitation of Liability

CLICLAP AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND ITS RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM:

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS CLICLAP HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), CLICLAP AND ITS AFFILIATES (AND THOSE THAT CLICLAP WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOU USE OF THE WEBSITE MUST BE NOTIFIED TO CLICLAP AS SOON AS POSSIBLE.

CLICLAP SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CLICLAP AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF CLICLAP OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CLICLAP, AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND CLICLAP, AND THAT CLICLAP’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify CliClap, defend and hold harmless, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:

  1. any violation by You of the Terms of Use;
  2. any activity related to the Account, be it by You or by any other person accessing the Account with or without Your consent unless such activity was caused by the act or default of CliClap.

Termination

You may terminate the Terms of Use or by sending notice in writing to CliClap for the termination of his Account. CliClap shall send You a confirmation of the termination of the Account and shall remove all of Your Personal Information from your Account, subject to the terms of Section 5.3 to the Terms of Use.

CliClap may suspend Your access to all or any part of the Website and/or terminate the Terms of Use at any time with or without cause, with or without notice, effective immediately. Notwithstanding the foregoing, Your access to the Website may be suspended or terminated if (i) You are in breach of any of the material provision of the Terms of Use, including without limitation, the provisions of the following sections: Your use of the Website, compliance with the relevant provisions of the Privacy Policy, indemnification and limitation of liability; (ii) CliClap elects at its discretion to cease providing access to the Website in the jurisdiction where You reside or from where attempts to access the Website, or (iii) in other reasonable circumstances as determined by CliClap at its discretion.

The provisions of the Terms of Use that are intended by their nature to survive the termination or cancellation of the Terms of Use, including, without limitation, the provisions of the following sections: Your use of the Website, Your compliance with the relevant provisions of the Privacy Policy, indemnification, limitation of liability, Assignment to Third Parties, and Applicable Law and Jurisdiction, respectively.

Applicable Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Israel without regard to its choice of law rules, and any dispute or claim with respect thereto shall be submitted to the competent court in the District of Tel Aviv, Israel, which shall have sole and exclusive jurisdiction in such matter.

The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which CliClap seeks equitable relief of any kind. You acknowledge that, in the event of a breach of the Terms of Use by CliClap or any third party, the damage or harm, if any, caused to You, will not entitle You to seek injunctive or other equitable relief against CliClap, and Your only remedy shall be for monetary damages, subject to the limitations of liability set forth in the Terms of Use.

Should one or more provisions of the Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.