Terms & conditions
Last Updated: Feb 1st, 2018
- Legal Agreement
1.1. Soomla Inc., a Delaware corporation, (“us“, “we” or “Soomla“) has developed a proprietary online platform which includes SDK modules (the “Platform” and “Modules“, respectively) in order to allow you to analyze and optimize mobile applications (the “Application”), as set forth in Section 2 below.
1.4. The Services are intended for use by persons and entities that are of legal capacity to create a binding legal agreement and who are not barred from receiving services under the laws of their jurisdiction (“Legal Capacity“). Accordingly, if you are not of Legal Capacity, you are not allowed to use the Platform and/or Services. Be aware that we are not and shall not be held liable for any breach of this requirement.
1.6. We reserve our right to refuse provision of any of the Services, to anyone, for any reason or for no reason.
1.8. All communications between you and us shall be by electronic means. You hereby agree to receive communications from us in an electronic form.
- The Platform and the Modules
2.1. The Platform is a cloud hosted software application that collects data from the Application as well as third party services used or integrated by the Application, to allow you to view and analyze this data in aggregated and as well as user-identified manners.
2.2 The Modules are software components that are integrated by you in your Application and enable the collection of user interaction data for analysis by the Platform. The Modules will be considered as an integral part of the Platform herein.
- The Forum
3.1 The Services may include one or more forums where users may ask questions and communicate about their experience. Please be aware that information posted on the forum is public and that the content you contribute, as well as your user name, together with an avatar selected by you, will be publically visible.
- The Services
4.1 Insertion of the Modules allows us to track the data concerning the characteristics and activities of users (the “End Users”) of your Application (“Application Data”). We will employ industry standard security measures to ensure that your Application Data is not disclosed to a third party which is not necessary for the provision of the Services. Some Application Data is presented in the Services both in identifying form and in an aggregated form.
4.2. We respect your privacy as well as the privacy of the End Users. Therefore, as a condition to using the Services we require that you:
- ensure disclosure to the End Users which information is being collected about them by your Application and by the Services, how it is collected, how it is used and how it will be shared, including cookies and other technologies (i.e., “Data Collection“);
- ensure disclosure to the End Users that their information may be transferred to servers which may be located outside of their country of residence and that such country may not provide the same level of protection to privacy (i.e., “Cross Border Transfer”);
- ensure the End Users consent to these disclosures (i.e., “Opt Out”);
- Creating an Account
5.1. You are required to create an account in order to use the Services (the “Account”). You agree that all information provided by you is accurate, full, complete and up-to-date at all times. Any registration is solely for you and you may only use one single Account. You may not use the Account of any other entity, or allow others to use your Account, and you are solely responsible for preventing such unauthorized use of your Account.
5.2. We strongly recommend having a complex password to access your Account, which should be kept secured at all times. You are also encouraged to change your password regularly. Do not share your passwords with others.
- Using the Services
When using the Services, you are required to follow the following rules and guidelines:
6.1. You may not use the forums or any other Services to harass or intimidate any other users of the Services.
6.2. You agree to be held solely responsible and solely liable for anything that occurs in your Account and any activity in your Account, including without limitation, for any content being uploaded in your Account, if applicable.
6.3. You may not use the Services to submit any unsolicited e-mail or comments.
6.4. You may not transmit via the Services any virus, worm, Trojan horse or any other potentially malicious code.
6.5. You may not crawl, scrape, or otherwise cache any content from the Services, without our prior written consent.
6.6. In using the Services you agree not to violate any applicable laws in your jurisdiction (including but not limited to any copyright laws).
- Intellectual Property
7.1 You acknowledge and agree that Soomla retains sole, full and exclusive ownership of all intellectual property rights of any kind related to the Services, including copyrights, trademarks and other proprietary rights (“Intellectual Property Rights”). No license is granted hereunder to any Intellectual Property Rights. “Soomla” and “Soom.la” are our trademarks.
7.3 When you publish content or information on the forum, it means that you are allowing everyone, including people who are not users of the Services, to access and use that information, and to associate it with you (i.e., your name and the avatar you chose when you registered to use the forum). We always appreciate your feedback or other suggestions about our Services, but you understand that you have no obligation to offer them and that we may use your feedback or suggestions without any obligation to compensate you for them.
7.4 COPYRIGHT POLICY
We respect the intellectual property rights of others and expect you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your IP Content has been copied on the Services in a way that constitutes copyright infringement, please provide us in writing with the following information:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- your contact information, including your address, telephone number, and an email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove IP Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services may be contacted as set forth below:
Designated Agent for Notification of Claimed Copyright Infringement
Attn: Copyright Agent
37 Shaul Hamelech St. Tel-Aviv, Israel
- Representations and Warranties
8.1. You hereby represent and warrant that:
8.1.2. All information in your Soomla Account is accurate and correct;
8.1.4. Your mobile service or Application does not:
188.8.131.52. Contain any defamatory, libelous, obscene, hateful or otherwise offensive or illegal content;
184.108.40.206. Contain or transmit and virus, worm or other malicious software or code;
220.127.116.11. Infringe any third party intellectual property or moral rights; or
18.104.22.168. Violate any law, rule or regulation.
8.1.5. Your mobile service or application is stable and secure, and complies with all Third Party Services terms and conditions.
8.2. You are solely and exclusively responsible for all your communications and interactions with us or with any person or entity with whom you may communicate, interact or engage as a result of your use of the Services. You agree and confirm that we do not, and do not intend to, make any inquiries of any person or entity or verify the information any person or entity submits or provides while using the Services. You agree to take precautions in all communications and interactions with any person or entity whether made either through the Services or through other means.
- Disclaimer, Limitation of Liability
9.1. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND THE ACCURACY OF THE INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF THE SERVICES INCLUDING WITHOUT LIMITATION TO THE SERVICES BEING FREE FROM DEFECT OR ANY VIRUS, WORM, TROJAN HORSE OR ANY OTHER POTENTIALLY MALICIOUS CODE. THE ENTIRE RISK ARISING OUT OF THE USE (OTHER THAN NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS) OR PERFORMANCE OF THE SERVICES, TO THE EXTENT PROVIDED, REMAINS WITH YOU. YOUR SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM. SOOMLA DOES NOT WARRANT THAT THE SERVICES WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION. FOR THE AVOIDANCE OF DOUBT, IT IS MADE EXPLICITLY CLEAR THAT SOOMLA HAS NO RESPONSIBILITY FOR AND SHALL BEAR NO LIABILITY REGARDING TO THE SERVICES AND ITS USE.
9.2. Without derogating from the above, you hereby acknowledge and agree that in provision of the Services, we may rely from time to time on services provided by third parties, including, but not limited to, data network providers, hosting services providers, clearing services providers, etc. Any transaction may be temporarily refused, limited, interrupted, or curtailed due to government regulations or orders, network modifications, repairs, and upgrades or banking, financial institution or other similar bodies. WE ARE NOT, AND SHALL NOT BE, OBLIGED TO PROVIDE THE SERVICES WHERE SUCH FACTORS PREVENT IT. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR BUSINESS INTERRUPTIONS SUSTAINED AS A RESULT OF INTERRUPTIONS CAUSED BY DATA NETWORK PROVIDERS OR ANY OTHER THIRD-PARTY PROVIDER.
9.4 YOU HEREBY EXPRESSLY AGREE THAT WE SHALL HAVE THE RIGHT, AT ANY TIME AND AT OUR SOLE DISCRETION, TO TAKE ANY ACTION TO MONITOR ANY INTERACTION OR ENGAGEMENT RESULTING FROM THE USE THE SERVICES BY YOU AND ANY THIRD PARTY. TO THE FULL EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US FROM ANY CLAIMS OR LIABILITY RELATING IN ANY WAY THERETO.
9.5 THE PROVISIONS OF THIS SECTION 9 SHALL APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback“). You may submit Feedback by e-mail to Contact@soom.la. You acknowledge and agree that all Feedback will be solely and exclusively our property and you hereby irrevocably assign to us all right, title, and interest that you may have in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
You shall make payment to Soomla pursuant to the pricing terms set forth at http://soom.la/#pricing , except to the extent expressly agreed otherwise in writing. You must add applicable VAT to such amounts as required by law. All amounts payable hereunder are exclusive of all applicable taxes and government charges, and you shall make payment to Soomla without deduction for and free and clear of any such amounts. Within 10 days of your commencement of use of the Services you shall pay a service fee, in advance, for the next 12 months of Service, except to the extent expressly agreed otherwise in writing. Additional payments of fees for 12 months in advance should be paid for any subsequent period of Services. Linear overage fee shall be charged for any use of the Services exceeding the applicable maximal MAU defined in the pricing terms. Late payments shall bear interest at the rate of 18% per annum. These payment terms shall continue to apply so long you use the services.
- General Terms
Last updated: Feb 1st , 2018
All rights reserved, Soomla, Inc.