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").
By accessing or using any part of the Services, You agree with these Terms. If You do not agree with these Terms or any condition thereof, please do not access or install the solution and do not use the Services.
These Terms apply to the use of the Solution 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.
- You are entitled to use the Services subject to the provisions of these Terms.
- 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 Solution.
- You undertake to refrain from taking the following actions in relation to the Services:
- Using the Services in an illegal manner or with the intention to violate any applicable law or in any manner prohibited by these Terms;
- Making any alteration, modification or changes to the Solution or the Services;
- Interfering with the Solution design, source code or any element of the Solution;
- Inappropriately using the intellectual property rights of any third party;
- Removing or obscuring any proprietary notices on the Service;
- Attempting to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any of CliClap’s server, or to any of the services offered on or through the Services, by hacking, password “mining”, or any other illegitimate means;
- 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 Services or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services;
- Probing, scanning or testing the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services;
- Using the Solution 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;
- CliClap reserves the right to prevent a user who has violated any provision of these Terms from using its Services.
- CliClap reserves the rights to change, suspend or discontinue the Services 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 Services without notice or liability.
- The use of the Services and the Account shall be available and permitted solely to use by You and You shall not be allowed to assign Your Login to third parties.
- It is hereby clarified that despite that CliClap is taking measures to secure the Login, it cannot completely guarantee an unauthorized penetration into the Account and You will not hold CliClap liable for any claim of direct or indirect damages incurred as a result of unauthorized penetration to the Account.
Limitations of Use
Without derogating from any of the terms and conditions herein, You undertake to act in accordance with the following terms in relation to the Account and the Login:
- You are solely responsible for maintaining the confidentiality and security the details of Your Account including Your Login, and You will remain responsible for all use of Your Account and all activity stems from Your Account, whether or not such activity was authorized by You.
- You shall notify CliClap immediately of any suspicion that Your Account has been accessed by unauthorized third parties or if Your Login is lost or stolen. In such cases CliClap shall change the Login details at the earliest possible opportunity.
- You have examined, before using the Services, and ensured that the Services are suitable for Your needs, and You waive any claim with respect to the Services not being fit for Your needs.
- You are solely responsible to verify before using the Services the condition of Your internet connection – CliClap shall not bear any responsibility for damage that may be caused due to Your internet connection problems.
- You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Services, 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 Services.
The Solution Services
You can use the Solution in order to access view and setup your account, including: setting content recommendations, posts, campaigns, data analysis, branding and any other feature available through our web application.
You can choose to opt out and to stop using the Services, stop receiving information and updates from CliClap, in the form and manner described below.
In case that You choose to opt out from the Solution, to terminate Your Account or in case the Account is terminated in accordance with CliClap decision, 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 wishe 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.
THE SOLUTION, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE SOLUTION 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 SOLUTION 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 SOLUTION 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 SOLUTION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOLUTION OR ANY PART OR PARTS THEREOF, OR THE SERVERS ON WHICH THE SOLUTION 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 SOLUTION. 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.
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 SOLUTION 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.
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:
- 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.
Applicable Law and Jurisdiction