Simply Tag - Website and App Terms of Use

Last Revised: January 8th, 2024

Acceptance of the Terms

By installing and/or downloading, connecting to, and accessing the App, and/or by entering, connecting to, accessing or using the Site, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at: Privacy Policy (the “Privacy Policy”) and the terms of our Discount Points (as defined below) available at the App (the “Discount 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 our App and/or the Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you.

IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU DO NOT POSSESS THE LEGAL CAPACITY TO ENTER INTO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE OUR APP AND/OR THE SITE IN ANY MANNER, DO NOT INSTALL THE APP AND/OR PROMPTLY UNINSTALL THE APP FROM YOUR DEVICE.

The App and/or the Site and/or the Services are available only to individuals who (a) are at least thirteen (13) years old; 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. Therefore, you hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the App and/or the Site and/or the Services in accordance with these Terms, and to fully perform your obligations hereunder.

The Services

The App and the Site shall provide the Services as smart social media marketing platforms, which shall enable Users to share videos, pictures and text of products and about products purchased from Customers (as defined below) (“Shared Posts”) on any of the following social networks accounts which shall be linked to the App and the Site: Instagram Creator/Business account and Facebook page which must be linked (the “Linked Accounts”). In order to identify fictitious social networks accounts, each Linked Account is required to be public and have at least 50 friends or followers (as applicable) and must exist for a period of three consecutive months prior to the date in which such account was linked to the User Account.

Each Shared Post shall be publicly shared for a period of at least 24 hours, concurrently, each such Shared Post shall be tagged and linked with and to the applicable Customer from which such product was purchased and its account in the relevant Linked Account. In order to provide the Services, the Company shall analyze the Linked Accounts and Shared Posts, to confirm that any Shared Post uploaded by a User is in accordance with the terms and provisions detailed in this Terms and under the App and/or the Site (“Confirmed Post”). Company shall reward Users’ Confirmed Posts with discount points to use in additional purchases from the relevant Customers (“Discount Points”). Please note that in order to receive the Services and/or any Discount Points, Customers may be required to verify their Account, in accordance with Section 3 herein.

“Customers” means any business and or store which entered into contract with the Company, in accordance with a Customers’ list that shall be made publicly available on the Site and the App, as updated from time to time.

The App and/or the Site include our proprietary content, such as information, videos, text, logos, buttons, icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the App and/or the Site, videos, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, Third Party Content (as defined below) and other features obtained from or through the App and/or the Site (collectively, the “Content”).

Please note that the App and/or the Site may only be available for certain operating systems. The User may only download the App and use the Services on a device running a validly licensed copy of the operating system on which the App and/or the Site were designed to operate. To be able to access and/or use the App and/or the Site, or any portion thereof, User must legally obtain all the applicable or required facilities, utilities, software and equipment at his/her sole risk and expense.

Use of the App and/or the Site is currently entirely free of charge. However, Company reserves the right to charge fees for the use of the App and/or the Site in the future. In addition, you hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the App and/or the Site, according with the applicable rates charged by your respective third party internet and data usage service provider as may be from time to time.

We will make reasonable efforts to make sure that the App and the Site will be available for use 24 hours a day and 365 days a year. However, the Company will not be liable and/or responsible for the App's failure to be available for any reason whatsoever, including but not limited to Internet and network caused outages, outages during which the hardware and software cannot be accessed due to technical or other problems that are not under our control (e.g. force majeure, third party negligence, etc.), etc. We note that if maintenance is required and the Services will not be available because of this, we will attempt to inform our Users of this in advance if possible.

The App and/or the Site may incorporate third party content, including content by Users and content provided to us by third party sources, including brands, which relate to third party products and services (e.g., marketing materials, descriptions, prices, relevant deals and photographs of such third party products and services) (collectively, the “Third Party Content”). All the information contained in such Third Party Content, belongs solely to the applicable third party source and Company makes no warranties or representations in respect of such, whether or not it has control over such third party content, and these are provided on an “AS IS” basis. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content. Company is not obliged to, nor can verify, the accuracy of information represented in such Third Party Content, and thus makes no representation regarding the accuracy of Third Party Content and the Third Party Content does not bind Company in any form.

The use of the App and/or the Site may include push notifications. You hereby agree to receive any push notifications (push notifications may be sent to Users upon the confirmation to receive such notifications). You may opt-out from receiving push notifications from the App and/or the Site by changing the settings in your device.

ALL RIGHTS IN AND TO THE APP AND/OR THE SITE, THE SERVICES AND/OR THE CONTENT (OTHER THAN THE USER DATA) ARE RESERVED TO COMPANY OR ITS LICENSORS.

YOU ARE AWARE THAT THE SERVICES ARE CURRENTLY IN THEIR BETA VERSION AND ARE UNDERGOING BETA TESTING. THEREFORE, SERVICES MAY SUFFER DISRUPTIONS, MAY CONTAIN BUGS AND MAY NOT OPERATE AS DESIGNATED OR INTENDED. YOUR USE OF SERVICES CONSTITUTES YOUR AGREEMENT TO PARTICIPATE IN SERVICES BETA TESTING.

THE APP AND/OR THE SITE AND/OR SERVICES AND/OR CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. YOUR USE OF THE APP AND/OR THE SITE, THE SERVICES, AND/OR THE CONTENT, IS ENTIRELY AT YOUR OWN RISK. COMPANY DOES NOT, EITHER EXPRESSLY OR IMPLICITLY IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF THE APP AND/OR THE SITE AND/OR THE SERVICES AND/OR USER CONTENT AND/OR USER DATA AND/OR CONTENT, ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE APP AND/OR THE SITE AND RELATED SERVICES.

PLEASE NOTE THAT WE DO NOT WARRANT THAT THE APP AND/OR THE SITE AND/OR SERVICES WILL BE ERROR FREE. THE APP AND/OR THE SITE ARE NOT INTENDED FOR STORAGE, BACKUP AND/OR MANAGEMENT OF USER DATA, AND ANY DATA THAT YOU UPLOAD TO THE APP AND/OR THE SITE IS UPLOADED AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR ENSURING THAT YOU MAINTAIN BACKUP COPIES OF ALL DATA, INCLUDING ANY USER DATA, THAT YOU UPLOAD TO THE APP AND/OR THE SITE. WE DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OF SUCH DATA.

WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE RELATED TO (I) ANY ADVICE, INSTRUCTIONS AND/OR THIRD PARTY CONTENT THAT USERS ISSUE TO OTHER USERS; OR (II) ANY USER DATA AND THIRD PARTY CONTENT AND THE OUTCOME OF THEIR USE, DISPLAY OR DISSEMINATION.

User Profile and User Account

Users who wish to use and access the Services are required to sign-in to the App and/or the Site by providing certain information and User Data, as detailed herein and in our Privacy Policy (the “Account”). We may also send you a text message with a security code from time to time, to authenticate your Account and ensure its security.

You must implement and maintain reasonable physical, technical safeguards to maintain and protect the device on which you have installed the App or using the Site and your Account. You must not disclose your passwords and the ways of accessing your device to others. You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of the Company. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events act in accordance with the Company’s reasonable instructions. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account.

You must safeguard and not disclose your username and password of your Account and supervise the use of such Account. You must provide accurate and complete information for creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.

You are solely and fully responsible for maintaining the confidentiality of your password and Account and for all activities that occur under your Account. If we believe, in good faith, that you have created an Account impersonating another person, such Account may expose you to civil and/or criminal liability.

We note that we can suspend access to your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of the Company, its Users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; and/or (f) we are required to by law. We may provide you a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.

In case you wish to cancel and remove your Account, you may do so by contacting us via: Support@Simply-Tag.com. The cancellation and removal of the Account will be carried out within a reasonable time, and from the moment of cancellation you will no longer be able to access your Account or view the User Data and/or details and/or content in your Account. It is hereby clarified that after the cancellation and removal of your Account, Company may keep any of the User Data and/or information and/or content in your Account for the purpose of handling legal claims and/or for accounting needs and/or any other purposes required or permitted by law.

CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF THE FEATURES OR CAPACITY OF YOUR ACCOUNT AND ALL DATA UPLOADED. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

Use Restrictions

There are certain conducts which are strictly prohibited when using the App and/or the Site and Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at the Company’s sole discretion) in the termination of your use of the Services and may also expose you to civil and/or criminal liability.

You may not (and you may not permit any third party to), unless otherwise explicitly permitted under these Terms:

  1. use the App and/or the Site for any illegal, immoral, unlawful and/or unauthorized purposes;
  2. use the Content, the App and/or the Site and/or the Services for non-personal or commercial purposes without the Company prior written consent;
  3. remove or disassociate, from the App and/or the Site any restrictions and signs indicating proprietary rights of the Company or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®) and you represent and warrant that you will abide by all applicable laws in this respect;
  4. 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 App and/or the Site and retrieve, index and/or data-mine information;
  5. interfere with or disrupt the operation of the App and/or the Site or the servers or networks that host them, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks;
  6. 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 Services;
  7. take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us;
  8. bypass any measures we may use to prevent or restrict access to the App and/or the Site;
  9. copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made available by the Company on or through the App and/or the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content;
  10. copy, distribute, display, 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 under any applicable laws;
  11. make any use of the Content on any site or networked computer environment for any purpose without our prior written consent;
  12. create a browser or border environment around the Content (no frames on inline linking is allowed);
  13. sell, license, or exploit for any commercial purposes any use of or access to the App and/or the Site and/or Content;
  14. frame or mirror any part of the App and/or the Site without our prior express written authorization;
  15. create a database by systematically downloading and storing all or any of the Content from the App and/or the Site;
  16. transmit or otherwise make available in connection with the App and/or the Site any virus, worm, Trojan Horse, time bomb, spyware, or any other similar computer code, 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;
  17. use the Services for any purpose for which the App and/or the Site and/or the Services are not intended; and/or
  18. infringe and/or violate any of the Terms.

User Data

In order to provide the Services, the App and the Site may allow Users to link Users’ social networks to the Services and upload to the App and/or the Site certain content and information, including personal data (collectively, “User’s Data” or “User Data”). For the avoidance of doubt, each User may link to the App and/or the Site to several Linked Accounts at once, and User Data shall include any content linked or uploaded to and from any Linked Accounts. The Company and the Services shall identify and extract the relevant User Data from the Linked Accounts in order to provide the Services.

Please take into account, however, that we may not 100% succeed in extracting and confirming the Shared Posts from the User's Linked Accounts and such extraction and confirmation might not be error free or entirely accurate. The processing and storage of the User Data, the Shared Posts and any data processed from such Shared Posts shall occur solely on the User's device. Notwithstanding, the Data Derivatives (as defined below) shall be stored using the services of a third party service provider's cloud storage services and used by us for the purposes described below.

For the purpose of improving the Services provided to the Users hereunder, Company may collect and store anonymous, non-personal data derived from the User Data, including without limitation, for each applicable Linked Account: the profile picture, content, profile exposure and engagement data, along with the type, content and tags uploaded to such account (the `"`Data Derivatives`"`). The Data Derivatives shall not be transferred to third parties for marketing purposes, but shall be stored using the services of a third party service provider's cloud storage services.

When you upload, link, or make available any User Data on the App and/or the Site, you grant to Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use the User Data in order to provide the Services.

It is hereby clarified that you are solely responsible for the User Data and that we have no responsibility and/liability in connection with the incompleteness and/or accuracy and/or content of the User Data provided to us by you. These terms do not give us any right to the User Data, excluding the Data Derivatives, and except for the limited right which enables us to offer you the Services. Except as otherwise provided in these Terms, we will not use the User Data.

Please be sure that while you use the Services and connect your 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 connected via the Services. 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 relation to connecting any User Data.

You represent and warrant that you are the rightful owner of the User Data that you have connected and/or linked to the Services or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Data and that such User Data does not infringe any third party's intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).

You agree that you will not connect any User Data containing content which is unlawful for you to possess or connect or link in the country in which you are resident, or which it would be unlawful for Company to use or possess (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).

The Company may use in any manner anonymous information which derives from the use of the Services and the User Data (i.e., non-identifiable information, aggregated or analytics information), in order to provide and improve Company's products and services and for any legitimate business purpose. The company is and shall remain the sole and exclusive owner of the analytics information.

When you uninstall or remove the App from your mobile device, or otherwise in case of damage of theft of the device, all User's Data may be permanently lost. Company takes no responsibility and assumes no liability for any User's Data and/or other kind of records uploaded to the App and/or the Site and for any loss or damage thereto or for any loss or damage such loss of User's Data may cause you or any third parties.

Privacy Policy

We respect your privacy and are committed to protecting 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 App and/or the Site. Our policy and practices and the type of information collected are described in detail in our Privacy Policy at Privacy Policy which is incorporated herein by reference. You agree that the Company may use and process personal information that you provide or make available to it in accordance with the Privacy Policy. IF YOU INTEND TO ACCESS OR USE THE APP AND/OR THE SITE, YOU MUST FIRST READ AND AGREE TO THE PRIVACY POLICY.

Intellectual Property Rights

The App and/or the Site (including our technology and our platform) and the Content included therein and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, 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 and treaties. The Terms do not convey to you an interest in or to the Company's Intellectual Property but only a limited revocable right of use in accordance with the Terms.

Subject to the terms hereof, the Company hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable and fully revocable limited license to: (i) download and use the App and/or the Site on your authorized mobile telephone, device or tablet that you own or control solely for the limited purpose of your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms and applicable law; and (ii) to use the Content provided in the App and/or the Site in accordance with the terms contained in this Terms.

To the extent you provide any feedback, comments or suggestions to the Company regarding the App and/or the Site, whether within the App or otherwise (collectively, the “Feedback”), the Company shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services, any Company’s current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any of our current or future products, technologies or services that incorporate any Feedback.

Company’s marks and logos

The Company’s marks and logos and all other proprietary identifiers used by the Company in connection with the App and/or the Site (“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 App 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 may permit our Users to leave our App and/or the Site and enter non-Company sites. These linked sites and services are not under our control 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 including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or services. In addition, we are not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. 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. We reserve the right to terminate any link at any time. You further acknowledge and agree that we 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 site, 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, and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collecting.

Usage Rules

Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Certain Usage Rules are described below, but other Usage Rules may apply, and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.

Special provisions relating to Third Party Components

The App and/or the Site 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 App and/or the Site are 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 App and/or the Site and Company disclaims all liability related thereto. You acknowledge that Company is not the author, owner or licensor of any Third Party Components, and that 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 App and/or the Site or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.

Advertisements

The Services may incorporate third-party advertisements. All the information contained in such advertisements and commercials, belongs solely to the applicable third party advertiser and Company makes no warranties or representations in respect of such, whether or not it has control over such advertisements or commercials, and these are provided on an “AS IS” basis. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property rights of, or relating to, any third party advertisements or products included in the Services. In any event, we will not be liable for any damage or loss incurred to you as a result of or in connection with such advertisements or commercials, including without limitation your dealings with advertisers and third party vendors found on or through the Services. Company may be entitled to certain shares of the earnings from advertisers and/or related third parties, for incorporating into the Services links to such parties’ websites, advertisements and/or commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto.

Changes to the Services and Updates

We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Services and this App and/or this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this App and/or this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, this App and/or this Site 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 Company supplies to you any updates, upgrades and any new versions of the App and/or the Site (“Updates“) according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you 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 App and/or the Site shall include such Updates. For clarity, Company has no obligation to provide Updates.

Trademarks and Trade names

Availability
The Services' availability and functionality depend on various factors, such as communication networks. 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.

Disclaimer of Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP AND/OR THE SITE AND/OR THE CONTENT AND/OR THIRD PARTY COMPONENTS AND/OR THE SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND COMPANY, INCLUDING ITS VENDORS (INCLUDING THE APPLICABLE PLATFORM PROVIDERS), OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “COVERD 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 AVAILABILITY, RELIABILITY OR THE QUALITY OF THE APP AND/OR THE SITE OR ITS 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. YOU AGREE THAT USE OF THE APP AND/OR THE SITE AND/OR THE CONTENT AND/OR THE USER DATA IS ENTIRELY AT YOUR OWN RISK.

WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE APP AND/OR THE SITE 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 APP AND/OR THE SITE, (III) THE APP AND/OR THE SITE WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND COVERD PARTIES 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 APP AND/OR THE SITE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE APP AND/OR THE SITE (INCLUDING THAT THE RESULTS OF USING THE APP AND/OR THE SITE WILL MEET YOUR REQUIREMENTS).

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, WILL NOT BE DAMAGED AND/OR WILL NOT BE LOST. 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 AND/OR THE LINKED ACCOUNTS YOU LINK, CONNECT OR STORE USING THE SERVICES AT YOUR SOLE EXPENSE.

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.

THE DOWNLOAD AND USE OF THE APP OR THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR LOSS OF DATA (INCLUDING THE USER DATA) THAT MAY RESULT THEREFROM.

Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL COMPANY AND COVERD 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 APP AND/OR THE SITE AND/OR THE USER DATA AND/OR THE CONTENT AND/OR THE SERVICES, YOUR USE OR INABILITY TO USE THE APP AND/OR THE SITE AND/OR THE SERVICES AND/OR THE FAILURE OF THE APP AND/OR THE SITE TO PERFORM AS DESCRIBED OR EXPECTED, OR FROM ANY CONTENT THE PERFORMANCE OR FAILURE OF COMPANY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF 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; ALL, REGARDLESS OF WHETHER COMPANY OR THE COVERD PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, COMPANY OR THE COVERD PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR AND/OR ANY THIRD PARTY’S USE OR INABILITY TO USE THE APP AND/OR THE SITE AND/OR THE CONTENT AND/OR THE SERVICES AND/OR THE USER DATA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO THE COMPANY FOR USE OF THE APP AND/OR THE SITE AND/OR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR $US5.00, 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 COVERD 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 Company, including the Covered Parties from and against any and 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 App and/or the Site and/or Content and/or the Services; (ii) your violation of any of these Terms or applicable law; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the App and/or the Site and/or Content and/or the Services; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the App and/or the Site and/or Content and/or the Services. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

Without derogating from the foregoing, we reserve the right 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.

Amendments to the Terms

Company may, at its sole discretion, change these Terms from time to time, including 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 on the App and/or the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our App and/or the Site or sent via e-mail, whichever is earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the App and/or the Site on thereafter 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.

Termination of these Terms and the Termination of the App's and/or Site’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, Company may immediately temporarily or permanently limit, suspend or terminate your Account. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Services, you may terminate these Terms at any time by uninstalling our App and/or stopping your use of the App and/or the Site 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 Services, delete and destroy all copies of the App and/or the Site in your possession or control and so certify to 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 forgoing, the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

Additionally, at any time, Company may without notice discontinue your use of the App and/or the Site and/or the Services, at its sole discretion, in addition to any other remedies that may be available to Company under applicable law. Additionally, Company may at any time, at its sole discretion, cease the operation of the App and/or the Site and/or the Services or any part thereof (temporarily or permanently), delete, correct, amend, enhance, improve or modify any information or Content or make any other changes, all without prior notice. You agree and acknowledge that Company does not assume any responsibility with respect to, or in connection with the termination of the App’s and/or the Site's and/or the Services’ operation and loss of any data.

Please note that failure to comply with any of use restrictions set forth in these Terms may result (at the Company’s sole discretion) in the termination of your use of the App and/or the Site and/or the Services and may also expose you to civil and/or criminal liability.

General

  1. 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,
  2. any claim relating to the App and/or the Site 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,
  3. any dispute arising out of or related to the App and/or the Site 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,
  4. 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,
  5. 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,
  6. YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP AND/OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED,
  7. 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,
  8. 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,
  9. no amendment hereof will be binding unless in writing and signed by the Company, and
  10. the Parties agree that all correspondence relating to these Terms shall be written in the English language.

Contact Information

For information, questions, or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms or if you need any support regarding our Services, you are most welcome to send us an email at: Support@Simply-Tag.com, and we will make an effort to reply within a reasonable timeframe.