Legal_term_of_use_english

SuperC AI – Terms of Use

Welcome to SuperC AI, an online community management tool that offers users a convenient way to manage and participate in their communities (The “Service”).

The Service is owned and operated by superC AI ltd (“company”, “we”, “us” and “our”).

In short…

The following key points of these Terms of Use are brought for your convenience only. They do not substitute the full Terms.

1.Your relationship with us. These Terms are a binding agreement between the individual or entity identified during registration to the Service (“you” or “Your”) and us.

2.Registration. To use the Service as a Community Manager or as a Community Member, you must register to the Service and accept these Terms of Use. During registration you are required to provide certain information for identification purposes.

3.Fees. If you use the Service as a Community Manager, the Service is subject to payment of applicable fees.

4.Using the Service. You will use the Service in a lawful manner, complying with these Terms and all applicable law.

5.Privacy. We respect your privacy as further explained in our Privacy Notice.

6.Intellectual property. We ownAll legal rights in the Service, including all intellectual property rights. Obviously, we do not own the content that originates from users on the Service.

7.User content. You may only post on the Service content that you are lawfully entitled to share on the Service. We do not claim ownership in content that is posted and originates from users. However, you give us permission to use content that you post on the Service, in order to provide the Service and its features.

8.Removal of infringing content. Requests to remove content that infringes the copyright of others must be made in accordance with our Copyright Policy.

9.Disclaimer of warranty. The Service is provided for use ‘as is’. We disclaim all warranties and representations with respect to the Service.

10.Limitation of liability. To the maximum extent permitted by the applicable law, we – and anyone acting on our behalf – will not be liable for any damage or loss, arising from the use or inability to use the Service.

11.Law & jurisdiction. Use of the Service is governed by the laws of the State of Israel and subject to the exclusive jurisdiction of the competent courts in the District of Tel-Aviv-Jaffa.

… and in detail

YOUR RELATIONSHIP WITH US

These Terms are a binding agreement between the individual or entity identified during registration to the Service (“you” or “your”), and the Company.

You may only use the Service if you are a legal entity or an individual over the age of 18, with full legal capacity. In case of an entity, the individuals signing-up to the Service for the entity confirm that they have the proper authority to legally bind the entity to these Terms. They also confirm they agree, on behalf of that entity, to be contractually bound by these Terms.

If you are an individual or entity using the Service for the managing of a community, you are a “Community Manager”. If you are an Individual using the Service for participating in a community, you are a “Community Member”.

Please read the following Terms of Use (the "Terms") carefully. By signing up to, accessing, using or posting content on the Service, you agree to these Terms. If you do not agree to these Terms, you may not access or use the Service.

REGISTRATION

Information you provide. In order to use the Service, as a Community Manager or as a Community Member, you must register with a personal user account. When you register to the Service, we will ask you to provide us certain details such as your name, email address and mobile phone number as detailed in our privacy Notice.

False information. If we believe that the Information you provide is false, deceptive or offensive, or if we believe that you violated these Terms, we reserve the right to suspend or terminate your user account or your access to the Service.

Additional Information. We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of the Service or when you submit requests related to your account.

You are solely responsible for any activity in your account and must maintain the confidentiality of your account login details. You are solely responsible for any losses due to unauthorized use of your account.

FEES & BILLING

Community managers. If you use the Service as a Community Manager, the Service is subject to payment of applicable fees (“Fees”) in accordance with the packages, subscription plans and amounts presented to you upon registration to the Service or at a later stage (“Plans”).

We will charge you for Fees using the supported payment method you provide (“Billing Information”). You represent and warrant that you are lawfully permitted to use your selected payment method. You must keep the Billing Information you provided to us current, complete, and accurate, and notify us promptly in case of any change in your Billing Information.

By subscribing to the Service and choosing your Plan, you give your consent to being billed for the Fees, in addition to any applicable taxes and surcharges or commissions charged by the payment processor. All amounts payable to us are exclusive of any excise, sales tax, VAT, withholding tax or other governmental charges or transaction charges. You are responsible for the payment of all such applicable taxes or charges.

Subject to applicable law, the Fees you pay are non-refundable. You are responsible for paying all applicable Fees whether or not you actually used or otherwise benefited from the Service.

Your Billing Information may be processed and handled through relevant third-party payment processors and therefore subject to the terms and conditions of these third parties pursuant to your contractual relations with them.

We may, from time to time, and without specific notice to you, add additional payment methods to the then-current payment methods, or cease to use previously supported payment methods.

Community Members. If you use the Service as a Community Member, the Service is provided free of charge. However, your Community Manager may offer services within your community that are subject to payment of fees or enable purchases within your community. Such services or purchases are made solely between you and your Community Manager or other community members, and we hold no responsibility or control over such actions.

YOUR PRIVACY

We respect your privacy. Our Privacy Notice, explains our privacy practices. We encourage you to read it carefully.

ACCEPTABLE AND PROHIBITED USE OF THE SERVICE

Acceptable use. Subject to these Terms, you may use the Service only for your reasonable personal or business purposes.

Prohibited use. When using the Service, you must refrain from –

·Breaching these Terms or any other applicable rules and instructions that we may convey with respect to the Service;

·Interfering with, burdening or disrupting the functionality of the Service;

·Breaching the security of the Service or publicly identifying any security vulnerabilities in it;

·Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented;

·Sending automated or machine generated queries;

·Using robots, crawlers and similar applications to collect and compile content from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service's functionality;

·Displaying or embedding content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design;

·Impersonating any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity;

·Collecting, harvesting, obtaining or processing personal information regarding other users of the Service, without their prior explicit consent. Without derogating from the above, Community Managers are allowed to process their Community Members’ personal information for the purpose of managing their communities.

·Abusing, harassing, threatening or intimidating other users of the Service;

·Linking to the Service from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;

·Engaging in any activity that constitutes a criminal offense or gives rise to civil liability;

·Transferring your account on the Service to another person;

·Violating any applicable law;

·Posting on the Service content which may be considered as -

oInfringing or violating intellectual property rights of other parties, including copyrights, patents, trade secrets and trademarks;

oIdentifying minors, their personal details or their address and ways to contact them;

oSoftware viruses, Trojan Horses, worms, vandals, spyware, ransomware and any other malicious applications;

oConstituting a violation of a person's right to privacy or right of publicity;

oThreatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;

oUnsolicited commercial communications ('spam'), chain letters, or pyramid schemes.

oOtherwise prohibited by any applicable law.

You are solely responsible for the content you make available through the Service and for the consequences associated with doing so.

INTELLECTUAL PROPERTY

Our intellectual property. Except for any content that originates from users, all rights, title and interest in and to the Service, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights and any goodwill associated therewith, are the exclusive property of the Company and its licensors.

Restrictions. You may not copy, reverse engineer, modify or create derivative works of the Service’s intellectual property, in any way or by any means.

You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute, or damage our goodwill.

USER CONTENT

Content you share. You may share content through the Service. Content that you and other users share through the Service will be referred to as “User Content”.

Right to User Content. We do not claim any ownership to User Content. However, you give us an irrevocable, perpetual, world-wide, royalty-free, sub-licensable and assignable license to copy, reproduce, create derivative works of, distribute, broadcast, make available and communicate to other users your User Content in order to provide the Service and its features.

User Content that you share on the Service will be available to your community members and in certain cases to other users of the Service.

You may only share User Content that you are lawfully entitled to share on the Service. Therefore, when you post User Content, you confirm that - 

·You are the rightful owner of all rights to that User Content, or are lawfully licensed by all the rightful owners to submit to, and post such User Content on the Service;

·You are lawfully entitled to grant us the license to distribute and use that User Content, as explained above;

·If any individuals are depicted, shown or referred to in the User Content, and their permission is required in order to publish that User Content, then you properly obtained permission from them to post that User Content on the Service;

·Posting the User Content on the Service does not infringe any rights of third parties, including intellectual property rights, privacy rights and publicity rights.

We do not endorse the content. The User Content presented on the Service does not constitute our endorsement, sponsorship, recommendation or encouragement concerning the Content. We also do not guarantee the accuracy, credibility, authenticity, reliability, validity, integrity, or legality of any User Content.

You may find User Content objectionable, annoying, improper, unlawful or immoral. Because User Content originates from users, not us, we assume no responsibility or liability for User Content.

Other Platforms. The Service may interface with third party services and platforms, such as Facebook, WhatsApp, Google etc. (“Third Party Platforms”). For example, you may “share” User Content  or communicate through Third Party Platforms. Use of these Third Party Platforms is governed by their respective terms of service, not by these Terms. You bear the sole and exclusive responsibility for complying with those other terms of service.

REQUESTS TO REMOVE CONTENT FROM THE SERVICE

Copyrighted content. Requests to remove content due to copyright infringement, must be made in accordance with our Copyright Policy. After receiving a request to remove or re-post content on the Service, we will review the request and take action as necessary.

Blocking content and users. We may, but are under no duty to, review all content posted on the Service. We or your Community Manager may, in our sole discretion, temporarily or permanently delete or block access to content, if the content is determined to be in violation of these Terms. We or your Community Manager may also, temporarily or permanently block users who repeatedly post prohibited content or otherwise repeatedly violate these Terms or exhibit abusive behavior on the Service.

TERMINATION

Terminating your account. You may, at any time, request to terminate your account by contacting us at [email protected]. Note that terminating your account will not remove content you previously posted, which will still be publicly available.

Upon termination of these Terms or your account, your right to use the Service is terminated and you must immediately cease using the Service.

Terminating the operation of the Service. We may at any time discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. If we do so on our own accord and not as a result of your violation of these Terms, we will notify you in advance before such termination.

CHANGES AND AVAILABILITY

Changes on the Service. We may, at any time and without prior notice change the layout, design, scope, features or availability of the Service.

Availability. The availability, functioning, quality and functionality of the Service depend on various factors, including software, hardware and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free.

Changing these Terms.We may revise these Terms, in whole or in part, at any time by notifying you of the amended Terms ahead of time. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms.

DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.

WE DO NOT WARRANT THAT (1) THE SERVICE WILL OPERATE UNINTERRUPTEDLY, ERROR­FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE AND THE CONTENT AVAILABLE THROUGH IT, WILL MEET YOUR EXPECTATIONS; (4) THE CONTENT PRESENTED ON THE SERVICE WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.

NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, OR THE CONTENT PRESENTED ON OR THROUGH THE SERVICE, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.

YOU AGREE AND ACKNOWLEDGE THAT USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE USE OF, OR THE INABILITY TO USE THE SERVICE OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON THE SERVICE, OR FROM ANY COMMUNICATION THROUGH THE SERVICE, OR WITH OTHER USERS ON THE SERVICE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE.

IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE LIMITED TO HALF THE FEES YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIM.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE WILL BE FULLY RELEASED FROM OUR OBLIGATIONS AND LIABILITY TO YOU IF YOU HAVE BREACHED THESE TERMS, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO THE SERVICE, OR IF THROUGH YOUR USE OF THE SERVICE, YOU INFRINGED OR VIOLATED ANY OTHER PERSON’S RIGHTS.

INDEMNIFICATION

To the maximum extent permitted by law, you will indemnify and hold harmless at your own expense, us, our Staff and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of the Service, your breach of these Terms or infringement of any other person’s rights.

GOVERNING LAW, JURISDICTION

Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed solely in accordance with the laws of the State of Israel.

The competent courts in the District of Tel-Aviv-Jaffa in Israel will have exclusive and sole jurisdiction over any dispute, claim or controversy relating to the Service or with respect to any matter relating to these Terms. You hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.

Notwithstanding the foregoing, we may lodge a claim against you pursuant to the indemnity clause above in any court adjudicating a third party claim against us.

GENERAL

Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.

Changes in ownership. In the event of M&A, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party.

Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.

Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

Entire agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.

Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.

Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.

CONTACT US

At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the Service or these Terms at [email protected].

Last updated: June 18, 2020.