Terms of Use

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Welcome to Kampyle.com (the “Site“). The Site contains a platform and associated applications which, among others, contain online feedback management systems, using innovative technology to collect, analyze, fix, report and manage user’s feedback and other related information. Through the Site, platform and applications available on it (the “Site Applications“), Kampyle’s clients (the “Clients“) can obtain a License (as defined below) for the use of Kampyle’s Services, through which their users (website users or other kind of users) can report and deliver their feedback regarding their Clients websites (“Submissions“). Please read the following Terms of Use (the “Terms of Use“) carefully before using the applicable Site Applications available in the Site , so that you are aware of your legal rights and obligations with respect to Kampyle Ltd. and its affiliates and subsidiaries (individually and collectively, “Kampyle“).

By using Site Applications you signify your irrevocable acceptance of these Terms of Use. Kampyle has the right to revise the Terms of Use at any time without providing notice thereof. Your continued use of the Site and/or any of the Site Applications shall be deemed irrevocable acceptance of those revisions. Subject to the terms of your license, Kampyle reserves the right to change, modify, suspend or discontinue any portion of the Site and/or the Services at any time and Kampyle may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability. If you do not agree to any such updates, your sole remedy shall be to discontinue the use of the Services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

In order to have access to any of the Site Applications you will be required to register with Kampyle and choose the Site Applications you wish to use. As a client of Kampyle, your use of our Site Applications, as chosen by you, from time to time, constitutes a personal, non-transferable, non-assignable, limited and temporary license, as defined upon your registration and subject to the terms and conditions specified therein and herein (the “License“).

Certain of the Licenses are provided free of charge and certain of the Licenses are provided subject to payment of fees and certain or all of Licenses which are provided free of charge may become subject to payment of fees. Clients who provide free and open source code software to its users and during such period only, shall be granted free use of “Kampyle for Software” application. In the event a Client using the “Kampyle for Software” does not provide it users with free and open source code software and such Client fails to notify Kampyle of such, then such free use of the “Kampyle for Software” applications shall constitute a breach of these Terms of Use and the Company shall be entitled to charge such Client with all fees which would have been payable for a paying Client for the use of “Kampyle for Software” and/or seek any legal remedy against such Client for breach of these Terms of Use.

All entities interested in obtaining a License from Kampyle, will be required, upon registration, to provide certain information in order to satisfy Kampyle that they are in fact authorized to represent and bind the entity with respect to the Services rendered by Kampyle. In the event Kampyle concludes that there is no authorization to bind the entity, then Kampyle shall not permit such entity to gain access to it’s Licenses and/or services on behalf of such entity.

You may elect to change your account from free account to paying account, or vise versa, or change your payment method, according to Kampyle’s offered plans, by electronic means through the Site. The amended amounts payable to us and/or the amended payment methods shall apply in accordance with the payment provisions specified in the notice of change and these Terms of Use shall continue to govern your account after such change.

We reserve the right to change from time to time the prices rendered for our Licenses and/or services. Notice of such changes shall be sent to you stating the new prices applicable to the services rendered to you. Unless you notify Kampyle, immediately upon receipt of the above notice, you will be charged thereon with the new prices so published, without the right to reclaim thereafter any repayments, unless you have paid for an agreed upon period in advance, which in such case the new prices will apply upon termination of such period.

You represent and warrant to Kampyle that You shall solely be responsible for acquiring all proper license and permits and bear any payment (if necessary) related to the use of such third parties’ proprietary technology (including, but not limited to, the payment of royalties). You shall indemnify defend or settle (at its option) and hold harmless Kampyle from and against any losses, expenses (including reasonable attorney’s fees), damages and claims that arise out of or result from any and all third party claims caused by your breach of the above obligation.

Warranties and Disclaimers

As a Kampyle client, you understand that all the feedback information gathered is obtained from your users using the feedback system and possibly from other commercial systems, which you subscribe to, and is not directly obtained from you. Kampyle shall not be responsible to any of the information gathered received or integrated, or to any proposed fixes included in the information provided to you. Except as expressly provided otherwise in a written agreement between you and Kampyle, the Site, the Site Applications, the Licenses and any materials included therein are provided “as is” and without warranties of any kind, either express or implied.

To the fullest extent permissible pursuant to applicable law, Kampyle disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Kampyle does not warrant that the functions used by you, will be uninterrupted or error-free, that defects will be corrected, or that the server that makes it available are free of viruses or other harmful components.

Kampyle does not warrant or make any representations regarding the use or the results of the use of the materials through the License in terms of their correctness, accuracy, reliability, or otherwise. You (and not Kampyle) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Under no circumstances, including, but not limited to, negligence, shall Kampyle be liable for any special or consequential damages that result from the use of, or the inability to use, the materials, the services provided through the Licenses, the Site, the Site Applications, or any other web site, even if Kampyle or a Kampyle authorized representative has been advised of the possibility of such damages.

Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from Kampyle or from or through the Site or the Site Application shall create any warranty not expressly stated in the Terms of Use. Notwithstanding the provisions of any applicable laws, it is hereby agreed that in no event shall Kampyle’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, in respect to the services provided to you by Kampyle.

Website

Links

Kampyle may provide links to other sites (“Link Sites“). Kampyle is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein.

Submissions and Information

The users of any of the Site Applications, using them to provide Submissions about you, may be asked for written suggestions or problem reports regarding the Clients websites or applications. Any Submissions that may be provided through the feedback system by your users and/or received from other commercial systems, which you subscribe to, shall be deemed your sole property. However, we will collect certain information about you or your users for business purposes only.

The information we collect is only accessible to Kampyle and its affiliates and is not disclosed to any non-affiliated third parties and is used by us solely for aggregate statistics about our customers, sales, traffic patterns and related site information to third parties. Kampyle shall have full authority to use such information gathered by it, for any purpose it so deems.

Users are advised that any and all Submissions submitted by users to Kampyle Client’s websites including such users contact or other information is provided for the sole purpose of such Client communicating with the users in respect solely to the submissions submitted by such users, and therefore Kampyle’s Clients are forbidden to use any or all of user’s contact information for the purpose of sending to such users advertising, marketing and other information about the Client’s website or other websites. Kampyle hereby clarifies to all users that Kampyle shall regards such use of the Site Applications as a breach of these terms of use and in the event Kampyle shall determine, in its sole discretion, that a Client is making forbidden use of any user contact or other information, then Kampyle may immediately terminate the License granted to such Client and/or prevent such breach and/or use any legal and other measures available to it under applicable law.
Users are hereby advised that the use of the Site Applications for the submission of Submissions by users is made available for the sole purpose of submitting real feedback to Client’s websites. Therefore, notice is hereby given to all users that any users which submit Submissions which are not real submissions and/or can be defined as “garbage submission” is forbidden. Kampyle reserves the right to use all legal and other remedies available to it under applicable law in order to limit and/or prevent any such forbidden submissions.

Newsletters and other advertising material

Your agreement during the registration process to receive updates and marketing materials of Kampyle, means that you agree and authorize Kampyle to make use of the information you provided Kampyle during the registration process for the purpose of (a) improvement of Kampyle services provided to you, (b) Kampyle notifying you of products and services which might interest you and (c) Kampyle sending you the Kampyle newsletter and/or other advertising information of Kampyle through the internet or other communications. Any agreement of yours to the above may be revoked and you have the rights to notify Kampyle, at any time, of your request to cancel your approval for such delivery and stop receiving such materials, by sending an e-mail to Kampyle to the address appearing on the “Contact Us” in the Kampyle website.

Accounts and Security

Kampyle utilizes some of the most advanced technology for Internet security available today. When you access certain non-public components of our Site you may, in consideration for applicable consideration, use Secure Socket Layer (SSL) technology, in order to protect your information using both server authentication and data encryption, ensuring that your data is safe, secure, and available only to registered Users in your organization. Kampyle will use all possible means available to it to ensure that your data will be completely inaccessible to your competitors.

For security purposes, Kampyle provides both a private password and login specifications for each of your users. In addition, Kampyle is hosted in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders. Kampyle does not warrant that the functions contained in the service provided by the Site and/or any of the Site Applications will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, you may be asked to provide Kampyle with personal information in order to set up an account. You undertake to provide Kampyle with accurate, complete, and updated information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account. You shall notify Kampyle of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Kampyle’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Notification of Copyright Infringement

Kampyle will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify Kampyle.

Administrative Information

Indemnity

You agree to indemnify and hold Kampyle, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your use of any of the Site Applications, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing Law

By accessing this Site, you and Kampyle agree that all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of law and You irrevocably submit to the exclusive jurisdiction of the courts of Tel Aviv – Yafo, Israel. We reserve, as provided above, the right from time to time to change the laws and jurisdiction to which these terms shall be subject to, as shall be updated from time to time in this Terms of Use.

Proprietary Rights

Kampyle retains ownership and all rights to all Kampyle logos, icons, trademarks, software, trade secrets, databases, reports, the Site Applications and the Site and all content therein. In order to protect Kampyle’s copyrights and other proprietary rights in the Site and the Site Applications, you undertake not to remove or destroy any of Kampyle’s proprietary trademark, copyright markings or confidential legends or other identification of proprietary information or intellectual property rights. You will reproduce in all copies of the Site Applications, including partial copies in any form, all proprietary, trademark and copyright markings and confidentiality legends and other identification of proprietary information or intellectual property rights. You will not take any action that might adversely affect the validity of any such markings, legends, identification or ownership, and you will not use such markings, legends, identification or any similar markings, legends or identification in any manner without Kampyle’s prior written consent.

If you have any questions or concerns about this Terms of Use or any issues raised in these Terms of Use or on the Site, please contact us.