TERMS OF USE OF
SERVICES
The following are the terms and
conditions of access and use of the Application and Service (as such terms are defined
hereunder) (the "Terms
of Use") which constitute an agreement between You, a User
accessing and using the Application (as defined below), and Salt
App Ltd., a company under incorporation (or
any other name as shall be approved by
the Israeli Companies Registrar) (the "Company").
These Terms of Use shall be deemed to have been read and agreed to by You, if
you download the Application. "You" or "User"
means a user using the Application, whether for its own business or authorized
on behalf of any corporation or any other entity; "We",
"Our"
and "us"
means the Company, its parent corporations, subsidiaries and affiliates.
1. Access
and Use. The Company hereby grants You a permission to download
and use its "SALT" application owned and provided by Company (the
"Application")
and use the marketing management services provided through
the Application (the "Services") provided that You will not,
nor attempt, whether yourself of through others: (i) disclose your user name
and password to others and allow anyone other than you, directly or indirectly,
to use the Services with your user name and password; (ii) copy or distribute
any part of the Application, the Content, and any form and concept embodied
therein, in any medium; other than as permitted through the Application as part
of the Services (iii) alter or modify any part of the Application; and provided
that You will otherwise comply with the terms and conditions of these Terms of
Use.
2. The Downloading of the Application and the use of the
Services, or part thereof, may be subject to fees and other related charges, as
provided herein and in the appstore from which you download the Application, and
as may be elected by User from time to time. Visit our FAQ to learn how to
change plans.
3. Use
of Service.
Company hereby grants You a permission to use the Service
as set forth in these Terms of Use, provided that: (i) You are 18 years old or
older (i) You will not disclose your user name and password to others and you
will not allow anyone other than You, directly or indirectly, use the Service
with your user name and password ; (ii) You will not copy or distribute any
part of the Service, the Content therein, and any form and concept embodied
therein, in any medium (iii) You will not alter or modify any part of the
Service; and (iv) You will otherwise comply with the terms and conditions of
these Terms of Use.
4. Changes
to the Service; Termination of the Service or Feature.
Company reserves the right, at its sole discretion, at any time to modify,
improve and correct or discontinue, temporarily or permanently, the Services or
any part thereof with or without notice. If Company in its discretion chooses
to cease providing the current version of the Application or any of its features
and/or specific functions, whether through discontinuation of the Service or by
upgrading or downgrading the Application to a newer version, You may not be
able to continue using the previous version of the Application. Features and/or
functions of previous versions might be removed on future versions thereof. You
agree that Company shall not be liable to You or to any third party for any
modification, suspension or discontinuance of the Application or any part of
the Services, provided however that the Company shall not continue to
charge subscription fees for Services which are discontinued, if such fees
apply.
5. Service
Offering; Plans. The Services made available through the Application may
be offered under a variety of plans to suit Your needs, including the promo
licensing plan which is free of charge, premium licensing plans which are
subject to the applicable fees , and tailor made plans that may be designed for
specific requirements- all of which may be amended from time to time at
Company's sole discretion with or without notice.. You agree and acknowledge
that any free promo may have fewer features and a more limited functionality
than premium plans. You agree and acknowledge that you can only create a single
promo account per each internet domain and campaigns for only one internet
domain can be managed in each promo account. In addition, we may occasionally
offer special promotions where we may discount or waive certain applicable premium
fees. We may offer coupon codes as a mechanism for processing a
discount or credit. Coupon codes have no cash value, are not retroactive and
unless otherwise specified, they are non-transferable and may
expire, as specified in the specific coupons.
6. Payment
Methods. A
valid credit card, debit card or any other charge card ("Payment Card")
may be required in order to download the Application or acquire any of the Services.
We may also at any time accept monetary payment through any other payment
method as shall be designated by Company from time to time at its sole
discretion, including, without limitation Google Payments, PayPal account or
other services. Upon presentation of any Payment Card information, the User warrants
that he/she is the cardholder or an authorized user of such Payment Card, and
that the billing information provided is accurate. All Payment Cards are
subject to validation checks and authorization by the card issuer. We may validate
name, address and other personal information supplied by you during the order
process against appropriate third party databases. By accepting these terms and
conditions you consent to such checks being made by us. If the issuer of your
Payment Card refuses or does not, for any reason, authorize payment to us we
shall be entitled to deny your access to the Services. You authorize Company to
charge such Payment Card for the Services. By approving the purchase of a plan
or the download of the Application, you authorize Company to charge the
designated Payment Card for the total amount of the purchase.
7. Cancellation. You
may cancel your account at any time, through Google Play, such cancellation shall
be entered into effect in accordance with your specific plan, all as set forth in
the Google Play policy and the Application's FAQ section. Charges in the event
of cancellation are subject to the cancellation policy as set forth in the Google
Play policies.
8. User
Accounts; Compliance and Monitoring
8.1. In
order to use the Service You shall be required to create an account ("Account")
by submitting certain details. Free users shall only be required to provide
email address ("Private
Information"). Company shall treat your Private Information in
accordance to Company's Privacy Policy, available at the Google play store. You
must ensure that the details provided by You on registration or at any time are
correct and complete and undertake to inform the Company of any changes to the
information that You provided when registering and creating your User Account,
by updating Your personal details. Password and Account access details must be
kept safe, secure and confidential at all times and must not be disclosed or
shared with anyone. You hereby release the Company from any and all liability
for any losses and/or damages caused to you or to your clients by any
unauthorized access and/or use of Account(s). Although Company
will not be liable for such losses, You may be liable for the losses of the
Company or others due to such unauthorized use.
8.2. Company
reserves the right to monitor Your use of the Services in as much as required
to ensure that Your use of the Services is in accordance with the permitted
uses as set forth herein and in the Application. In the event that it comes to
Company's attention that You are using Your Account in contrary to these terms
of Use, Company explicitly reserves the right at any time in its sole
discretion to block use of any Account(s) or terminate Your use of the Application
and Services, without derogating from any other remedies available to Company
according to any applicable law.
8.3. Notwithstanding
the aforesaid, Company shall have the sole and absolute discretion to deny any
User's registration and/or access to the Service or any future services of the
Company or to discontinue any Service for any Account or Accounts and block
such Accounts for any reason whatsoever and at any time, without incurring any
liability to Company.
9. Use
of Information
9.1. Company
may collect or receive information and data submitted by Users through the
Services including without limitation Private Information, as set forth in the
Privacy Policy, and as set forth herein. Any such information may
be monitored, retrieved analyzed and used by Company for creation of general
statistics regarding use of the Service, utilization of Services and for
purposes of establishing patterns of behavior, manner and fashion of use of the
Services, and general statistics regarding to campaign management through the
Service (excluding campaign specific identifying data, such as, names of
advertised brands, pricing information of products which are subject of certain
campaigns etc.) to the extent permitted by applicable law and subject to
Company's Privacy Policy (all the foregoing, "Extracted Information");
for example, in order to determine popularity of certain features and improve
the functionality and the quality of Services, delivering customized content
and customized Advertising Material (as defined below), and for other purposes
commercializing an monetizing upon such Extracted Information. By using the Services,
User authorizes Company to include User's name, title, business name, contact
information in data bases used for commercial purposes ("Commercial Data Base")
including without limitation sending promotional information and
advertisements. At any time, any User is entitled to request, by furnishing a
written notice to Company, via feedback@saltapp.me
to withdraw this authorization and delete such Users' information from any such
Commercial Data Base, however, Company retains the right to save such
information for its internal purposes for as long as User uses the Services.
10. Advertising Material. Company
may present in the Application information, texts, advertisements for products
and/or services, notices and/or other materials ("Advertising Material").
Such Advertising Material may be personalized and assigned to individual Users.
Such personalization may be based on information, including Private
Information, retrieved by the Company resulting from User's use of the Service.
Company hereby disclaims any and all liability arising from or in connection
with receiving such Advertising Material, their origin, contents and/or their
context.
11. Use Limitations.
11.1. The Service and the Content (as defined hereunder) may only
be used as a tool for the purpose of marketing management
under the terms and conditions herein (for managing Your own business' online
marketing campaigns) ("Purpose") and the Service and Content
may not be used, copied, reproduced, distributed, transmitted, broadcasted,
displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever
without the prior written consent of the Company. Company reserves all rights
in and to the Service and the Content.
11.2. You may not use the Services for any of the following
purposes including without limitation managing campaigns promoting or
supporting any of the following purposes (the "Prohibited Activities");
Company disclaims any and all liabilities, losses and or damages with respect
to any use of the Services which constitutes a Prohibited Activity.
11.2.1.
Engaging in unlawful, indecent,
obscene or other morally objectionable activities.
11.2.2.
Disseminating any unlawful, harassing,
abusive, threatening, harmful, vulgar, obscene or otherwise objectionable or
illegal materials;
11.2.3.
Transmitting material that encourages
conduct which may constitute a criminal offence, result in civil liability or
otherwise breaches any relevant law, regulation and/or code of practice;
11.2.4.
Gaining unauthorized access to other
computer systems;
11.2.5.
Interfering with any other person's
use of the Services;
11.2.6.
Transmitting, junk mail, chain letters
or "spam";
11.2.7.
Making and/or transferring and/or
storing electronic copies of materials protected by copyright without the
express permission of the owner of the material, or otherwise making such use
of the Services that infringes third parties intellectual property rights;
11.2.8.
Circumvent, disable or otherwise
interfere with security related features or other features of the Application
and/or with the use of Services, or enforce any limitations on use of the Application
and/or the Services.
11.3. User hereby grants Company permission to (but understand
the Company is not obligated to) access and view any content created by User in
the Application, for the purpose of monitoring compliance with this Agreement,
and for the purpose of improving the Service and Application.
12. Third Party Services. Company
through the Service may make available to User software, applications and/or
services provided and licensed by third parties ("Third Party Services").
The use of Third Party Services in or with the Service is subject to the
applicable licenses, terms of use and conditions of such Third Party Services.
In the event that no such third party license agreements exist, the
restrictions contained in this agreement shall apply on all such Third Party
Services, mutatis mutandis. Company disclaims any warranty or
representation with regards to any use of any of the Third Party Services,
which use is on an as-is basis. In as much as the Application or Services
contain links to websites which are not operated by the Company ("Third Party Websites"),
THE COMPANY SHALL NOT BEAR ANY RESPONSIBILITY OR LIABILITY WITH REGARDS TO ANY
SUCH THIRD PARTY WEBSITES, THEIR CONTENTS, THE INFORMATION PRESENTED THEREIN,
ETC., AND ANY USE OF ANY USER THEREOF, AND IN NO EVENT WILL THE COMPANY BE
LIABLE IN ANY WAY FOR ANY DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM OR IN
CONNECTION WITH ANY USE OF ANY SUCH THIRD PARTY SERVICES AND/OR THIRD PARTY
WEBSITES OR ANY RELIANCE ON ANY INFORMATION PRESENTED THEREIN, AND ANY SUCH USE
SHALL BE ON USER'S OWN DISCRETION, RISK AND RESPONSIBILITY.
13. Intellectual Property Rights.
all right and title in the Service and Application, as well as and content
included therein (including without limitation, software (both source and
object codes), scripts, graphics, form, text, content of text, multimedia files
and the like and any and all trademarks, copyrights, service marks and logos)
contained and embodied therein ("Content"), are owned by or
licensed to the Company, and are subject to copyright and other intellectual
property rights under Israeli laws, foreign laws and international conventions.
User represents and warrants that any and all content used by the User through
the Application are either owned by him or rightfully licensed to him for the
purposes of the uses made by User including, without limitation, within the
Application.
14. Warranty/Disclaimer
14.1. THE SERVICE AND THE CONTENT ARE PROVIDED TO YOU "AS
IS", WITHOUT ANY WARRANTY. OTHER THAN AS OTHERWISE EXPLICITLY PROVIDED IN
THESE TOU, TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND AFFILIATES ("COMPANY INDEMNITEES")
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION,
SERVICE AND CONTENT, AND THE USE THEREOF, IN TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY, MERCHANTABILITY, FITNESS FOR A PURPOSE OR A PARTICULAR CAUSE, OR
OTHERWISE. IN ADDITION TO AND WITHOUT DEROGATING FROM THE FOREGOING, COMPANY
EXPRESSLY DISCLAIMS ANY WARRANTY OF THE LEVEL OF SUCCESS YOU MAY OR WILL
ACHIEVE BY USING THE APPLICATION AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT
THERE IS NO GUARANTEE THAT ANY RESULT OF PERFORMANCE SHALL BE ACHIEVED USING
THE APPLICATION AND SERVICES, AND COMPANY ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR NON-IMPROVEMENT OR DIMINUTION OR EVEN FAILURE IN THE PERFORMANCE OF YOUR BUSINESS
AND/OR CAMPAIGNS THROUGH THE USE OF THE APPLICATION AND SERVICES.
14.2. COMPANY AND COMPANY INDEMNITEES ASSUME NO LIABILITY OR
RESPONSIBILITY FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY'S SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SERVICE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE WEBSITE AND THE SERVICE BY ANY THIRD PARTY, OR
USER, (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT, AND/OR (V) ANY LOSS OR
DAMAGE OF ANY KIND INCURRED EITHER AS A RESULT OF USE BY USER, THROUGH THE
SERIVCE, OF ANY MATERIALS PROVIDED BY USER, OR AS A RESULT OF ANY INCORRECT OR
FAULTY INFORMATION PROVIDED BY USER.
14.3. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR, NOR IS IT A PARTY TO ANY TRANSACTION CONCERNING (I) ANY
PRODUCT OR SERVICE THE SUBJECT MATTER OF ANY CAMPAIGN MANAGED THROUGH THE
SERVICE, (II) THE CONTENT OF ANY CAMPAIGN AND/OR ADVERTISEMENT MANAGED THROUGH
THE SERVICES INCLUDING ANY HYPERLINKED OR FEATURED CONTENT IN ANY BANNER OR
OTHER ADVERTISING MANAGED THROUGH THE SERVICE.
15. Limitation of
liability.
WITHOUR DEROGATING FROM ANY OTHER LIMITATION OF LIABILITY
EXPRESSLY SET FORTH HEREIN UNDER THESE TERMS OF USE IN NO EVENT SHALL THE
COMPANY AND COMPANY INDEMNITEES BE LIABLE FOR ANY, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USE OF THE
APPLICATION AND SERVICES HEREIN, AND/OR RESULTING FROM USER'S ENGAGEMENT WITH
ANY THIRD PARTY AND/OR THE USE OF USER OR RELIANCE OF USER ON ANY THIRD PARTY
CONTENT, WHETHER ANY OF THE FOREGOING IS BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN THE
EVENT THAT NOTWITHSTANDING THE FOREGOING, COMPANY IS FOUND LIABLE FOR DAMAGES
OF ANY KIND IN CONNECTION WITH THE APPLICATION, SERVICES AND/OR THESE TERMS OF
USE, IN NO EVENT SHALL SUCH LIABILITY EXCEED THE FEES PAID TO COMPANY BY USER
DURING THE SIX (6) MONTHS PRECEDING THE EVENT, WHICH IS THE SUBJECT MATTER OF
SUCH CLAIM. YOU AND THE COMPANY AGREE THAT ANY CLAIM BASED ON CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE APPLICATION, SERVICE, OR THESE TERMS OF USE,
WHETHER IN CONTRACT, IN TORT OR IN GENERAL UNDER APPLICABLE LAW, MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED. COMPANY MAKES NO REPRESENTATIONS THAT THE
SERVICE IS LEGALLY OR OTHERWISE APPROPRIATE OR AVAILABLE FOR USE IN YOUR
LOCATION. THOSE WHO ACCESS OR USE THE APPLICATION AND SERVICE MAY DO SO AT
THEIR OWN FREE WILL AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
16. General.
Any claim or dispute brought by You against Company that arises in whole or in
part from or in connection with the Application and Services or these Terms of
Use shall be subjected to the exclusive jurisdiction of the competent courts of
Tel Aviv, Israel, without giving effect to rules of conflict of laws. Any
claim or dispute brought by Company against you that arises in whole or in part
from or in connection with the Application and Services or these Terms of Use
shall be subjected exclusively to either the jurisdiction of the competent
courts of Tel Aviv, Israel, or the jurisdiction of the competent courts at
defendant’s domicile, at Company' sole and exclusive discretion, without giving
effect to rules of conflict of laws. The parties hereto further agree that such
courts shall interpret these Terms of Use with accordance and subject to the
laws of the State of Israel. If any provision of these Terms of Use is deemed
to be invalid by a court of competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of these
Terms of Use, which shall remain in full force and effect. No waiver of any
term of this these Terms of Use shall be deemed a further or continuing waiver
of such term or any other term, and Company's failure to assert any right or
provision under these Terms of Use shall not constitute a waiver of such right
or provision. Company reserves the right to amend and/or update these Terms of
Use at any time and without notice, Your use of the Services following any
amendment of these Terms of Use will signify Your assent to and acceptance of
its revised terms. These Terms of Use, and any rights granted hereunder, may
not be transferred or assigned by You, but may be assigned by the Company
without restriction including any claim Company may have against any User. For
any questions, please contact us by electronic mail at: feedback@saltapp.me.
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