ONDiGO Terms of Use

Last Revised: November 28, 2015

ONDiGO Ltd. (“ONDiGO“, “Company“ or “we“) welcomes you (“User“ or “you“) to our service which offers a unique Business Intelligence tool that provides a smart automation to your sales funnel and sales tasks. Users may use the Service in accordance with the terms and conditions hereunder.

Acceptance of the Terms

By subscribing to the Service, entering into, connecting to, using and/or accessing the Service, you acknowledge that you have read and understood the following terms of use including the terms of the Privacy Policy available at http://ondigo.me/privacy (the “Privacy Policy“) (collectively, the “Terms“) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service and you acknowledge that these Terms constitute a binding and enforceable legal contract between Company and you. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT SUBSCRIBE TO THE SERVICE, DO NOT CONNECT TO, ACCESS OR USE ANY OF THE FEATURES AND PROMPTLY ERASE THE SERVICE FROM YOUR EMAIL AND CRM.

The Service is available only to individuals who (a) are at least thirteen (13) years old (see further section 4 below); and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law, or have received the required consent from their legal guardian to enter into these Terms. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to these Terms.

Please note that when you agree to the permissions set forth on the notices appearing in the applicable web pages and continue to subscribe to the Service you hereby agree to grant us access to the information which is detailed in such notices. THE ABOVEMENTIONED PERMISSIONS ARE NECESSARY TO BE ABLE TO OPERATE THE SERVICE AND TO PROVIDE THE SERVICES WHICH ARE OFFERED THROUGH THE SERVICE, E.G. WE NEED ACCESS TO YOUR E-MAIL MESSAGES IN ORDER TO EXTRACT BUSINESS CONTACT INFORMATION IN ORDER TO PROVIDE YOU THE SERVICE. HOWEVER, THE COMPANY DOES NOT USE OR INTEND TO USE SEVERAL OF THESE FEATURES, INTER ALIA, THE COMPANY WILL NOT: (i) SEND SMS MESSAGES; (ii) MODIFY/DELETE YOUR CONTACTS; (iii) SEND E-MAIL ON YOUR BEHALF WITH AND/OR WITHOUT YOUR KNOWLEDGE;

When you subscribe to the Service you allow us access to the abovementioned which may include certain business related Personal Information (as such term is defined in our Privacy Policy) stored on your email. In order to provide you the services offered via the Service we will only read business related contact information (for the avoidance of doubt, we will not read any non-business contact information, such as, home phone numbers and addresses). We will use such information only in order to provide you the services offered via the Service and only for your benefit..

PLEASE NOTE THAT WHEN YOU SUBSCRIBE TO THE SERVICE YOU HEREBY UNDERSTAND AND AGREE THAT WE MAY VIEW THE CONTENTS OF YOUR CONTACTS AND/OR CALENDAR EVENTS

WE WILL NOT STORE THE CONTENT OF ANY E-MAIL AND/OR TEXT MESSAGE (SMS OR MMS) ON OUR SERVERS AT ANY TIME.

The Service

Our Service offers a unique Business Intelligence tool that provides a smart automation of sales processes (the “Service“).

After subscribing to the Service you are required to authorize the Service’s access and linkage to an existing account (the “Account“). Generally the Account will be your existing email account. Authorization is authenticated by the Google Auth 2 authentication mechanism. For more information about what Personal Information is collected by the Company please see our Privacy Policy.

The Service provides you with additional resources such as videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel“ of the Service, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features available on or through the Service (collectively, the “Content“).

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SERVICE (OTHER THAN THE USER DATA) IS RESERVED TO THE COMPANY OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SERVICE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS“ BASIS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE AND/OR THE CONTENT AVAILABLE THEREIN.

YOUR USE OF THE SERVICE AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK

User Restrictions

There are certain conducts which are strictly prohibited when using the Service. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may expose a User to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf, unless otherwise explicitly permitted under these Terms: (a) use the Service for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Service and/or Content for non-personal or commercial purposes without Company’s express prior written consent; (c) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Service and retrieve, index and/or data-mine information; (d) interfere with or disrupt the operation of the Service or the servers or networks that host the Service, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (e) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Service; (f) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (g) bypass any measures we may use to prevent or restrict access to the Service; (h) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by the Company on or through the Service or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (i) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Company’s proprietary rights, including the Company’s Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms; (j) make any use of the Content on any other site or networked computer environment for any purpose, or replicate or copy the Content without the Company’s prior written consent; (k) create a browser or border environment around the Company Content (no frames or inline linking is allowed); (l) sell, license, or exploit for any commercial purposes any use of or access to the Service and/or Content; (m) frame or mirror any part of the Service without the Company’s prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the Service; (o) transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (p) remove or disassociate, from the Content and/or the Service any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); (q) fail to pay any fees (to the extent applicable), if ,for example, your credit card was blocked or the use thereof was limited in any way; and/or (r) infringe and/or violate any of the Terms.

Minors

To use the Service you must be over the age of thirteen (13). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of thirteen (13) are not using the Service. In the event that it comes to our knowledge that a person under the age of thirteen (13) is using the Service, we will prohibit and block such User from accessing the Service and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.

License

Subject to the terms hereof, the Company hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to use the Service, solely for the limited purpose of your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (defined below) and applicable law. The Terms do not convey to you an interest in or to the Company Intellectual Property (defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law. To the extent you provide any feedbacks, comments or suggestions to the Company regarding the Service (“Feedback“), the Company shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any the Company current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require the Company to comply with any additional obligations with respect to any the Company current or future products, technologies or services that incorporate any Feedback. The Company has no obligation to provide upgrades or new releases of the Service under these Terms.

Fees

In consideration for its services, ONDiGO may charge you fees as detailed in its website. Trial Period: During the trial period, you will not be charged. Following it, however, ONDiGO may suspend your account or may choose, according to its sole discretion, to re-allow you to enter into a trial period. Payments: The payments made to ONDiGO shall be made on a recurring basis, and shall be changed in accordance to your usage of the service. Automated Upgrades: Should your use of the service be in excess of your purchased package, for example by adding users and/or accounts, your payment shall be recalculated according to the time remaining in your outstanding balance and the addition shall be charged on your next billing cycle. Downgrades: Should you require to downgrade your account, you should contact ONDiGO and it may change your package. Storing Your Credit Card: As ONDiGO uses 3rd party services to provide billing services, it may store your credit card information at such party’s premises. ONDiGO shall only use 3rd party services who are compliant with professional standards and the law. Refunds: as ONDiGO provides you with tailored services, you are not entitled for any refunds under applicable laws. However, ONDiGO may refund you according to its sole discretion.

Ownership and Copyrights

The Service, the Content and the Company’s proprietary assets (other than the User Data) and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, the “look and feel“ of the Service, specifications, methods, procedures, information, know-how, data and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property“), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions. Notwithstanding anything to the contrary herein, you agree that the Service is licensed hereunder, not sold. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

User Data

As between you and us, all of the User Data that you grant us access to is your sole and exclusive property and you are solely responsible for it. These terms do not give us any right to the User Data except for the limited right which enables us to offer the Service’s services. We may also aggregate User Data with other User’s content in such a way that it will not identify you and we may use that aggregated User Data to develop and improve our Service. Except as otherwise provided in these Terms, we will not use the User Data. Please be sure that while you use the Service and grant us access to User Data you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Data you grant us access to via the Service. The Company will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with granting us access to any User Data. Although the Company has no obligation to screen, edit or monitor any of the User Data, the Company explicitly reserves the right, at its sole discretion, to remove, without giving any prior notice, any User Data at any time and for any reason, and you are solely responsible for creating backup copies of your User Data and replacing any User Data that you store on the Service at your sole expense.

Trademarks and Trade names

“ONDiGO“, ONDiGO™, Company’s marks and logos and all other proprietary identifiers used by the Company in connection with the Service (“Company Trademarks“) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Service belong to their respective owners (“Third Party Marks“). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

Links to Third Party Sites

Certain links provided herein permit our Users to leave our Service and enter external sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of the Company and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. The Company reserves the right to terminate any link at any time. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information they are collecting.

Privacy Policy

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Service. Our policy and practices and the type of information collected are described in details in our Privacy Policy which is incorporated herein by reference. You agree that the Company may use personal information that you provide or make available to the Company in accordance with the Privacy Policy. If you intend to connect to, access or use the Service you must first read and agree to the Privacy Policy.

Special provisions relating to Third Party Components

The Service may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with, the Service is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Service and the Company disclaims all liability related thereto. You acknowledge that the Company is not the author, owner or licensor of any Third Party Components, and that the Company makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Service or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.

Availability

The Service’s availability and functionality depends on various factors, such as software, hardware and the Company’s services’ providers and contractors. The Company does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

Changes to the Service

The Company reserves the right to modify, correct, amend, enhance , improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content provided under the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service and/or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes. If the Company supplies to you any updates, upgrades and any new versions of the Service (“Updates“) according to its then current policies, it may include automatic updating or upgrading of the Service with or without any additional notice to you, you consent thereto and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the Service shall include such Updates. For clarity, the Company has no obligation to provide Updates.

Amendments to the Terms

The Company may, at its sole discretion, change the Terms from time to time, including the Privacy Policy or any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice in the Service and/or we will send you an e-mail regarding such changes to the e-mail address that you may have provided us with. Such material changes will take effect seven (7) days after such notice was provided on our Service and/or e-mailed to you, whichever is the earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised“ and your continued use of the Service on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice. Please note that the Company reserves the right to charge fees for the use of this Service in the future.

Disclaimer and Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SERVICE, THE CONTENT AND THIRD PARTY COMPONENTS ARE PROVIDED ON AN “AS IS“ “WITH ALL FAULTS“ AND “AS AVAILABLE“ BASIS, AND ONDiGO AND ITS VENDORS (INCLUDING THE APPLICABLE PLATFORM PROVIDERS), INCLUDING OUR AND SUCH VENDORS’ OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (“COVERED PARTIES“) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. WE DO NOT WARRANT (I) THAT USE AND OPERATION OF THE SERVICE IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SERVICE, (III) THE SERVICE WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, (IV) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SERVICE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SERVICE (INCLUDING THAT THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS). THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SERVICE, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE SERVICE. WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE, OR OTHER ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN THE COMPANY. WE USE INDUSTRY STANDARD ADMINISTRATIVE, PHYSICAL AND TECHNICAL SAFEGUARDS TO PROTECT THE CONFIDENTIALITY, INTEGRITY, AND SECURITY OF YOUR USER DATA. NONETHELESS, NO SECURITY MEASURES ARE 100% EFFECTIVE, AND WE CANNOT GUARANTEE ABSOLUTE SECURITY AND THAT THE USER DATA, WHICH IS UPLOADED TO THE SERVICE WILL BE STORED AND/OR WILL NOT BE DELETED. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION INCLUDED IN THE USER DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUP COPIES OF THE USER DATA YOU UPLOAD OR STORE USING THE SERVICE AT YOUR SOLE EXPENSE. USE OF THE SERVICE, ANY IN-SERVICE PURCHASES AND/OR OTHER PURCHASE OF PRODUCTS OR SERVICES THROUGH OR IN CONNECTION WITH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT MAY RESULT THEREFROM. WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. YOU AGREE THAT USE OF THE SERVICE AND/OR THE CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE COMPANY INCLUDING THE COVERED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SERVICE (INCLUDING ANY SERVICES MADE AVAILABLE THROUGH THE SERVICE), YOUR USE OR INABILITY TO USE THE SERVICE, THE USER DATA OR FAILURE OF THE SERVICE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT THE PERFORMANCE OR FAILURE OF THE COMPANY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF THE COMPANY OR ANY OF THE COVERED PARTIES, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER REPAIR, REPLACEMENT OR A REFUND FOR THE SERVICE DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES AND REGARDLESS OF WHETHER ANY OF THE COVERED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES AND THIRD PARTY SITES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE COMPANY, ITS VENDORS INCLUDING OUR AND SUCH VENDORS’ OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICE OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO THE COMPANY FOR USE OF THE SERVICE OR $US1.00, WHICHEVER IS GREATER. THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM THE COVERED PARTIES. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its vendors, including our and such vendors’ officers, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers from and against all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Service and/or Content; (ii) your violation of any of these Terms; (iii) the User Data that you uploaded through the use of the Service; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Service. It is hereby clarified that this defense and indemnification obligation will survive these Terms. Without derogating from the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval. Termination of these Terms and the Termination of the Service’s operation These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply herewith the Company may immediately temporarily or permanently limit, suspend or terminate your access to the Service. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Service, you may terminate these Terms at any time by uninstalling our Service and stopping your use thereof and this will be your sole remedy in such circumstances. In such circumstance and upon termination of these Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Service, delete and destroy all copies of the Service in your possession or control and so certify to the Company if required by it, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms. The Company may at any time, at its discretion, cease the operation of the Service or any part thereof, temporarily or permanently, delete any information from the Service or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving prior notice. You agree that the Company does not assume any responsibility with respect to, or in connection with the termination of the Service operation and loss of any data.

Export and the Location of the User

The Service are subject to export control laws of the State of Israel and/or may be subject to additional export control laws applicable to the User or in the User’s jurisdiction, including, without limitation, the United States. The User agrees that he/she will not ship, transfer, or export the Service into any country, or make available or use the Service in any manner, prohibited by applicable laws. In addition, the User represents and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting“ country; and (ii) that the User is not listed on any U.S. Government list of prohibited or restricted parties.

General

(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the Service or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, the Company may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by the Company, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language. Information, Support or Questions: We will make reasonable efforts to provide you with technical and product support for the Service. For information, support or questions, please contact us at info@ondigo.me