Terms of Use — Kodeless

KODELESS – TERMS OF USE – KEY POINTS

The following key points of the Terms of Use are only brought for your convenience. These key points do not substitute the full Terms.

Welcome to Kodeless, an online data collection and management platform that provides business entities with a tool for codeless implementation of marketing tools, analytics tools and trackers for their websites.
You may only use the Service if you are an individual over the age of 18, with full legal capacity and duly authorizedon behalf of the business to enter into this agreement.

In order to use the Service, you must register to the Service by creating a User Account and accept these Terms of Use.

Your use of the Service may be subject to payment of applicable fees, if and as presented to you during registration.

When you use the Service to track your Website’s Users behavior, the Service will automatically use and process output data. We do not claim ownership over the output data, but you do give us a right to use it for the purpose of providing you the Service, as well as for our promotional and marketing purposes.
You may only use the Service in accordance with the Terms of Use.
You represent that you will comply with all applicable laws, rules and regulations while using the Service in the jurisdiction or geographical region for which you are operating your website.

We respect your privacy. Our Privacy Policy (found here) which is incorporated to these Terms by reference, explains the privacy practices on the Service.

You may cancel your subscription and terminate the Terms of Use at any time by providing us written notice of cancellation and termination.

KODELESS – TERMS OF USE

INTRODUCTION

Welcome to “Kodeless” – an online data collection and management platform (the “Service“) that provides business entities (a “Business”) with a tool for codeless implementation of marketing tools, analytics tools and trackers for their websites (each, a “Website”).

The Service monitors data streams generated from users’ activity on Websites and makes it easily available to the Business through data points.

The Service is owned and operated by Kodeless Analytics Ltd. (“we”, “our”, “us”). Please carefully read the following Terms of Use (the “Terms“). By using, accessing or subscribing to the Service, you agree to be bound by the Terms. If you do not agree to the Terms, you may not use the Service in any way.

You may only use the Service if you are an individual over the age of 18, with full legal capacity and are duly authorized on behalf of a Business to enter into this agreement (you and the Business, collectively “you” or “your”). By using, accessing or registering with the Service, you declare that you are 18 years of age or older.

We reserve the right to terminate these Terms and your license and permission to use the Service, if we find that you do not qualify the abovementioned requirements. We may also request additional information to confirm the above.

The access of third parties to your Website, including your current or prospected users, is subject to your own terms of use and privacy policy. The Service is merely intended to assist you with your data collection and management needs. We do not provide any safeguards to ensure that your use of the Website is made in compliance with all laws and regulations that may apply to you or your interaction with third parties, including your interaction with your users.

You hereby represent and warrant that you will comply with all applicable laws, rules and regulations while using the Service, in the jurisdiction or geographical region for which you are operating your Website, including, without limitation, in connection with all advertising and marketing practices associated with your Website and your interaction with your users.

ANY AND ALL COMMUNICATIONS AND INTERACTIONS BETWEEN YOU AND THIRD PARTIES, AND ALL CONSEQUENCES RESULTING FROM THE ABOVE, ARE STRICTLY BETWEEN YOU AND SUCH THIRD PARTIES, AND YOU ASSUME FULL AND EXCLUSIVE RESPONSIBILITY FOR THEM. WE ARE NOT A PARTY TO THOSE COMMUNICATIONS, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICE IS AT YOUR OWN SOLE RESPONSIBILITY.

USER ACCOUNT AND SUBSCRIPTION

To use the Service, you will need to sign up and create a user account for the Business (“User Account”). You may sign up through your social media accounts, such as Google account login, or by creating a user account through the Service’s registration form. You must provide true, accurate and complete information. Please refer to our Privacy Policy (found here) for further details on the information we collect when you register and how we use it.

When registering through your social network account, you are allowing us access to your basic profile information, such as your contacts, email addresses, photos and any other content available therein. We can only access the information that your social network operator makes available to us, according to your privacy settings on such social network.

We may offer the Service (or some its features) on a trial-basis, free-of-charge, which may be time-limited.

Beyond this trial period, the Service will be available to you subject to your subscription and payment of the applicable fees (“Subscription” and the “Fees”), in accordance with the packages, schemes and amounts presented to you, either upon registration or at a later time.

We may, at any time and at our sole discretion, transform a free of charge Service to a Fee-based Service, and change any rates and payment terms. Failing to settle your payments for a Fee-based Service will prevent you from further using the Service, notwithstanding any other remedies available to us under the applicable law. In such a case, we may terminate your User Account and you use of the Service.

Your Subscription will continue on a monthly basis, depending on your selected subscription plan, unless and until you cancel it and terminate these Terms (see the “Termination” section below) or otherwise have or have been suspended or discontinued pursuant to these Terms.

All Fees are quoted in US Dollars, unless expressly stated otherwise.

We will charge you for the applicable Fees (if applicable), as they become due, using the payment method you provide during registration (“Payment Method”). By providing your Payment Method, you represent and warrant that you are lawfully permitted to use the selected Payment Method in connection with your use of the Service.

We may require additional information from you before completing payment transactions. You must keep the Payment Methods you provided to us upon registration current, complete, and accurate, and notify us promptly in case of any change in your Payment Method or other details you have provided us.

Your Payment Method may be processed and handled through relevant third party payment processors, such as credit card service providers and payment processors (e.g. PayPal). Your Payment Method is therefore subject to the terms and conditions of these third parties pursuant to your contractual relations with them.

You acknowledge that the third parties processing any of the Payment Methods may charge you commission on their end of the transaction. We are not responsible for such commission, which is strictly within your contractual relations with the relevant payment processor. We will not be liable for mistakes, errors, malfunctions or miscalculations that you or third party payment processors might make in the course of a payment transaction.

We may, from time to time, and without specific notice to you, add additional Payment Methods to the then-current Payment Methods, or cease to use previously supported Payment Methods.

By registering to the Service and confirming the packages, schemes and amounts presented to you, you give your consent to being billed for the applicable Fees, in addition to any applicable taxes (such as sales tax, value added tax or withholding tax), and any surcharges or commissions charged by the payment processor or your Payment Method.

All amounts payable to us are exclusive of any excise, sales tax, VAT, withholding tax or other governmental charges or transaction charges. You are responsible for the payment of all such applicable taxes or charges. In case needed, then promptly following our request, you will provide us with the taxation documentation necessary for processing the Fees.

To the maximum extent permitted by applicable law, the Fees paid by you are non-refundable. You are responsible for paying all applicable Fees whether or not you actually accessed or otherwise benefited from the Service. Failure to settle any overdue Fees within thirty (30) calendar days of its original due date will constitute a material breach of these Terms, and may cause us to suspend, disable or terminate your User Account, in addition to any other remedies available to us under the applicable law.

TERMINATION AND SUSPENSION

Termination by you

You may cancel your User Account and Subscription and terminate these Terms at any time by providing us written notice of cancellation and termination.

Termination by Us

In addition to any remedies that may be available to us under any applicable law, if we believe that you misused the Service or breached these Terms, we may limit or suspend your User Account, as well as terminate these Terms, and take technical and legal measures to keep you from using the Service.

Effects of Termination

Upon termination, you must discontinue any and all use of the Service. Following termination, your User Account will be closed, and the Service will not be accessible to you or any third party.

The following sections shall survive any termination, or expiration of the Terms: User account and subscription, effects of termination, output data and third party platforms, your privacy, intellectual property, limitation of Liability, indemnification, governing law and jurisdiction, general.

OUTPUT DATA AND THIRD PARTY PLATFORMS

When you use the Service, we will automatically collect and process the data that is generated through the implementation of marketing tools, analytics tools and trackers into your Website (collectively, the “Output Data”) and make it available to you through the Service.

We do not claim ownership over the Output Data created through the Service.

Subject to Your rights and undertakings under the Privacy Policy and these Terms, and by using the Service, you grant us a royalty-free, free-of-charge, worldwide, non-exclusive, sub-licenseable and transferrable, license to use and display the Output Data (including commercial use as well as copying, distributing, posting and making derivative works) on or through the Service and on any other online or offline platform or media for the sole purposes of facilitating the Service and your Website and for our demonstrations, sales and marketing purposes.

Use of the Service may involve the use of third party services and platforms, such as Facebook, Twitter, Google and advertising platforms. (“Third Party Platforms”). For example, you may choose to “share” your Output Data on or with Third Party Platforms. Use of Third Party Platforms is governed by their respective terms of service, not by these Terms. You bear the sole and exclusive responsibility for complying with those other terms of service.

Any and all communications and interactions between you and third parties, and all consequences resulting from the above, are strictly between you and such third parties, and you assume full and exclusive responsibility for them. We are not a party to those communications, interactions, dealings, engagements and transactions.

USE OF THE SERVICE AND RESTRICTIONS

While using the Service, you agree to refrain from –

Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Service;
Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, spam, copyright, commerce and consumer rights.
Interfering with, burdening or disrupting the functionality of the Service;
Breaching the security of the Service or identifying any security vulnerabilities in it;
Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect or compile content from the Service;
Displaying the Service or any part thereof in an exposed or concealed frame, or linking to elements or portions on or of the Service independently from the manner on which they originally appear or are made available through the Service;
Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
Collecting, harvesting, obtaining or processing personal information of or about other users of the Service.

You may not access or use the Service in order to develop or create a similar or competitive product or service.

YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT THAT YOU POST, DISSEMINATE, TRANSMIT OR OTHERWISE COMMUNICATE THROUGH, OR TO THE SERVICE, OR WHEN USING THE SERVICE AND FOR THE CONSEQUENCES ASSOCIATED WITH DOING SO.

WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY SUSPEND OR TERMINATE YOUR USER ACCOUNT, OR BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR ABUSIVELY.

YOUR PRIVACY

We respect your privacy. You agree to be bound our Privacy Policy which explains the privacy practices on the Service. our Privacy Policy is incorporated to these Terms by reference.

USER’S PRIVACY

We will use the personal information of your Website’s users in accordance with our Privacy Policy. You agree to treat any personal information that you collect or use and pertain to such users, with the utmost caution. You will respect the laws and regulations applicable to you concerning the collection, storage, information security and use of personal information.

INTELLECTUAL PROPERTY

Other than the Output Data, we and our licensors own all rights, title and interest in and to the Service, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith.

Unless as expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Service, any part thereof, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means.

You may not adapt or otherwise use, including in any Internet domain name, any name, mark or logo that is similar to our marks and logos. You must refrain from any action or omission which may dilute or tarnish our goodwill.

CHANGES IN THE SERVICE; DISCONTINUATION

We may, but are not obligated to, maintain the Service with periodic releases of bug fixes, code updates or upgrades. We will determine, in our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), for any of these releases or the lack thereof.

We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service.

Such changes, by their nature, may cause inconvenience or even malfunctions.

YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.

We may, at any time, at our sole discretion, discontinue, terminate or suspend the operation of the Service, or any part or aspects thereof, temporarily or permanently, without any liability to you.

SERVICE SUPPORT, AVAILABILITY AND QUALITY

The availability, quality and functionality of the Service depends on various factors, including software, hardware, communication networks, and the quality of network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free.

Also, we may, from time to time and as we shall deem fit in our sole discretion, need to interrupt the Service for maintenance and other operational reasons.

WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.

You will not receive any compensation or refund for such interruptions.

You acknowledge that the Service DOES NOT provide any data back-up services, including with respect to any Output Data or any other data that you or third parties upload or uses through the Service.

CHANGES TO THE TERMS

We may amend the Terms from time to time. In such case, we will notify you of the amended Terms. If you do not accept the amended Terms, these Terms will be terminated (see “Effects of termination” section). Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. The latest version of the Terms will be accessible through the Service.

DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE OUTPUT DATA, YOUR WEBSITE, YOUR USER ACCOUNT, SUBSCRIPTION, THE FEES, THE PAYMENT METHOD, ANY INTERACTION RELATED TO THE SERVICE, ANY THIRD PARTY SOFTWARE, HARDWARE OR PLATFORM, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RELIABILITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY.

LIMITATION OF LIABILITY

WE, INCLUDING OUR STAFF, SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION THE SERVICE, THE OUTPUT DATA, YOUR WEBSITE, YOUR USER ACCOUNT, SUBSCRIPTION, THE FEES, THE PAYMENT METHOD, THE USE OF, OR THE INABILITY OF YOU OR THIRD PARTIES TO USE THE SERVICE, YOUR USER ACCOUNT AND YOUR WEBSITE, OR ANY COMMUNICATION OR INTERACTIONS WITH THE SERVICE, OR ANY COMMUNICATIONS, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS WITH OTHERS ON OR THROUGH THE SERVICE, OR YOUR RELIANCE UPON THE SERVICE OR ANY CONTENT UPLOADED OR AVAILABLE TO THE SERVICE, OR ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR ANY RELIANCE MADE BY YOU ON THIRD PARTY SOFTWARE, HARDWARE OR PLATFORM, OR ANY FAULT, OR ERROR MADE BY OUR STAFF, OR ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT ON THE SERVICE.

TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID YOU PAID (IF ANY) IN CONNECTION WITH THE SERVICE, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIMED DAMAGE.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of, or inability to use, the Service, your Website, any Output Data, your breach of the Terms, Your breach of any other terms, rules or regulations applicable to the Service, as well as your violation, or your contribution to the infringement, of any other person’s rights.

LINKS AND COMMERCIAL INFORMATION IN THE SERVICE

The Service may contain links to content published on other websites or external sources, provided by third parties. We do not operate or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral.

By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.

GOVERNING LAW AND JURISDICTION

Regardless of your place of activity, residence or incorporation, or where you access or use the Service from, these Terms and your use of the Service will be exclusively governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel.

The competent courts located in the Tel-Aviv-Jaffa district will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms. You and us, each, hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.

Notwithstanding the foregoing, we may also lodge a claim against you: (a) pursuant to the indemnity clause above, in any court adjudicating a third party claim against us; and (b) for interim, emergency or injunctive relief in any other court having general jurisdiction over you.

GENERAL

Whenever used in these Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.

These Terms may only be modified by written amendment duly executed by us. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.

Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.

You may not assign or transfer your rights and obligations under the Terms without our prior written consent, which consent shall not be unreasonably withheld. Any attempted or actual assignment by you, without our prior consent, shall be null and void. Notwithstanding the provisions of the Assignment of Obligations Law-1969, we may assign these Terms in their entirety, including all right, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a merger, acquisition, change of control or the sale of all or substantially all of its equity or assets relating to the Agreement. By virtue of such assignment, the assignee assumes our stead, including all right, duties, liabilities and obligations.

The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.

CONTACT US

At any time, you may contact us with any question that you may have with respect to the Service, at: [support@kodeless.io]

Last updated: October 18, 2018.