Terms & conditions

Last Updated: May 4th, 2016

 

  1. Legal Agreement

1.1. Soomla Inc. (“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.

1.2. These Terms of Use (“Terms of Use”) form a legal agreement between you (including, if applicable, any legal entity which you represent or act for) (“you“) and Soomla and sets forth the terms and conditions governing your access to, and use of Soomla’s services, including without limitation the Platform, any websites, applications, mobile applications, software, features, content, and/or linked pages, offered from time to time by Soomla in connection therewith (collectively, the “Services“). Please read these Terms of Use carefully before using the Services. By using the Services in any manner, you agree to be bound by these Terms of Use, as may be amended by us from time to time. If you do not agree to these Terms of Use, please refrain from using the Services.

1.3. Subject to these Terms of Use, Soomla grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Services. You may not use the Services except as expressly set forth in these Terms of Use.

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.

1.5. WE RESERVE THE RIGHT TO CHANGE OR DISCONTINUE ANY OF THE SERVICES AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON OR FOR NO REASON. WE MAY ALSO REVISE THESE TERMS OF USE WITHOUT NOTICE AT ANY TIME AT OUR SOLE DISCRETION. YOU AGREE THAT YOUR CONTINUED USE OF THE SERVICES FOLLOWING SUCH MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH MODIFICATIONS. THEREFORE, YOU MUST REVISIT THESE TERMS OF USE REGULARLY TO BE UPDATED OF ANY MODIFICATION MADE.

1.6. We reserve our right to refuse provision of any of the Services, to anyone, for any reason or for no reason.

1.7. Please make sure you read these Terms of Use along with our Privacy Policy http://about.soom.la/privacy-policy (the “Privacy Policy”) and our End User Privacy Policy (the “End User Privacy Policy”) [http://about.soom.la/privacy-policy]. The Privacy Policy is an integral part of Soomla’s Terms of Use Please read our Privacy Policy carefully before using the Services.

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.

  1. 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.

  1. 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.

3.2 Our forums are powered by Discourse.org and using them is subject to the  Discourse.org privacy policy. [http://www.discourse.org/privacy-policy/]

  1. 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.

 

Subject to the terms and conditions of our Privacy Policy which you should review, we will not disclose Application Data to third parties or use your Application Data for any purpose other than providing you with the Services. Notwithstanding the foregoing, we may use statistical data derived from your Application Data. All of our employees that have access to the Application Data have executed customary written agreements that contain non-disclosure and non-use provisions.

 

This is set forth in greater detail in our Privacy Policy [http://about.soom.la/privacy-policy] and in our End User Privacy Policy [http://about.soom.la/end-user-privacy-policy/] which are an integral part of these Terms.

 

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:

 

  1. 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.

  1. 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).

 

  1. 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.

7.2. The Services are licensed and not sold. We reserve all rights not expressly granted to you in these Terms of Use. Soomla and its licensors own the copyright and other worldwide intellectual property rights in the Services and all derivatives and copies thereof. No right, title or interests to the Services or any of Soomla’s Intellectual Property Rights (as defined below) are granted except as expressly set forth herein. We reserve the right to require you to install certain software updates or upgrades in order to continue using the Services.

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:

 

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

Soomla Inc.

Attn: Copyright Agent

37 Shaul Hamelech St. Tel-Aviv, Israel

Email: copyright@soom.la

 

  1. Representations and Warranties

8.1. You hereby represent and warrant that:

8.1.1. You are at least 13 years old and have the right, power, and ability to enter into and perform these Terms of Use;

8.1.2. All information in your Soomla Account is accurate and correct;

8.1.3. Your use of the Services will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations as well as with these Terms of Use;

8.1.4. Your  mobile service or Application does not:

8.1.4.1. Contain any defamatory, libelous, obscene, hateful or otherwise offensive or illegal content;

8.1.4.2. Contain or transmit and virus, worm or other malicious software or code;

8.1.4.3. Collect or transfer any personal information from End Users except as expressly set forth in a clear and conspicuous privacy policy affirmatively accepted by such End User;

8.1.4.4. Infringe any third party intellectual property or moral rights; or

8.1.4.5. 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.

 

  1. 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.

9.3. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, WHETHER DIRECT, INDIRECT OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, AND INCLUDING FURTHER, DAMAGES WHICH MAY ARISE IN CONNECTION WITH THE USE OF THE SERVICES AND/OR THESE TERMS OF USE, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA, EMPLOYMENT OPPORTUNITIES, FROM BUSINESS INTERRUPTIONS, OR FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY TRANSACTION OR ENGAGEMENT BETWEEN YOU AND ANY THIRD PARTY OR FOR ANY INFORMATION PROVIDED BY YOU OR ANY THIRD PARTY. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION.

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.

9.6 YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF USE IS TO DISCONTINUE USING THE SERVICES. IN THE EVENT THAT A COURT HAVING JURISDICTION SHALL DETERMINE THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF USE WILL NOT EXCEED THE CONSIDERATION ACTUALLY PAYABLE FOR THE SERVICES.

  1. Termination
    We reserve the right to suspend or terminate your Account and/or your access and use of the Services, at our sole discretion, should you fail to meet the requirements set forth in these Terms of Use. If you wish to terminate your Account, you may do so by (i) notifying us at any time, or (ii) closing all your Accounts, where this option has been made available to you. The provisions of these Terms of Use shall survive any termination or expiration thereof, including without limitation, the warranty disclaimers, limitation of liability and indemnity provisions.
  2. Indemnity
    You shall defend, indemnify, and hold harmless Soomla, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including without limitation reasonable attorneys’ fees, that arise from or relate to (i) your access, use or misuse of the Services, or (ii) your violation of these Terms of Use or any applicable law, contract, policy, regulation or other obligation. Soomla reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with Soomla in connection therewith.
  3. Feedback

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.

  1. Payment

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. Amounts are due and payable within 10 days of the end of the applicable calendar month. Late payments shall bear interest at the rate of 18% per annum

 

  1. General Terms

14.1. These Terms of Use do not create any partnership, employment, agency or other relationship not herein specifically and explicitly agreed. There are no third-party beneficiaries of these Terms of Use.

14.2. You may not assign your rights under these Terms of Use, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be null and void.  We may freely assign or delegate all rights and obligations under this Agreement, fully or partially without notice to you

14.3. Should any part of these Terms of Use be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.

14.4. Failure by us to enforce any provision of these Terms of Use will not be considered a waiver of the right to enforce such provision. Our rights hereunder will survive any termination or expiration of these Terms of Use.

14.5. These Terms of Use will be governed by the laws of the State of Israel. You agree that the courts located in Tel-Aviv will have exclusive jurisdiction over any dispute between you and us. However, you agree that we may seek equitable relief in any jurisdiction when appropriate.

14.6. Unless a specific agreement is signed by you and us, these Terms of Use constitute the entire and only agreement between you and us, and supersede all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter hereof. In any case that a specific agreement is signed by you and Soomla, its provisions shall supersede the provisions of these Terms of Use.

If you have questions regarding our Terms of Use, please contact us at:
Contact@soom.la
Last updated: May 4th , 2016

All rights reserved, Soomla, Inc.