BizzApp Terms of use and Privacy

Last Update: February 20, 2020

TERMS OF USE

  1. Introduction and definitions:

1.1. BizzApp On Line Ltd. is a limited liability, private company, incorporated under the laws of the State of Israel (“BizzApp“). BizzApp’s software enables users to create and manage their own WordPress based websites while using numerous tools and features provided by BizzApp. The online and mobile websites and platforms created by users are collectively referred to herein as (“user platform(s)”). BizzApp’s software shall be referred to herein as (“the software”). 

1.2. WordPress is a registered trademark of O’Mattic A8C Ireland Ltd. and Automattic Inc.., and the use of WordPress tools is subject to all the applicable terms and conditions here and in the official wordPress website/s. 

“User” or “You” means the person/entity accessing the website, creating an account for the use of the software and/or using the BizzApp services or any part thereof. The user, together with the company, entity or organization he or she represents or in which behalf the account has been opened, shall be deemed, severally and collectively, a party to these Terms of Use.

  1. Legal agreement: 

2.1. These BizzApp Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on www.BizzApp.co (“BizzApp Website“), constitutes the entire terms and conditions applicable to each visitor or user of the BizzApp Website and/or any other features and/or services provided by BizzApp with respect thereto.

2.2. These terms of use constitute a binding and enforceable legal contract between BizzApp and you, whether you are a user or just a visitor, in relation to the use of any BizzApp services. By using any of the BizzApp services and/or accessing BizzApp’s website, you herby accept and agree to be bound under these Terms of Use and to the fact that you are entering into a binding legal agreement with BizzApp, subject to the Terms of use. In case you do not agree with any of the terms in these Terms of Use, you should immediately exit the Website and refrain from using any of the features and/or services of BizzApp. By accepting these Terms of Use you will be granted a limited license for the use of the Software offered by or on the Website, as provided herein.

2.3. In order to access and use certain sections and features of the BizzApp Services, you must first register and create an account with BizzApp (“User Account”). You must provide complete and precise information when registering your User Account and using the BizzApp Services, including – but not limited to – your own (or your company’s) contact and billing details and a valid e-mail address. You have to keep the log-in credentials of your User Account confidential – as you will be solely and fully responsible for all activities made under your User Account and/or User Platforms and for any damages, expenses or losses that may result from such activities – as all such activities will be deemed to have transpired on your behalf and in your name.

  1. License: 

3.1. Subject to your agreement and continuing compliance with these Terms of Use and any other applicable legal conditions, BizzApp grants you a non-exclusive, non-transferable and revocable limited license subject to the limitations below to access and use the Software (“License“). By using the Software, you represent that you have read and understood the terms set herein and agree to them and undertake to fully comply therewith. Any use of the Software in violation of these License Limitations is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

3.2. You are prohibited from making any unlawful usage of BizzApp Services, and are informed and aware to the fact that in addition to these Terms of Use and any and all policies for usage of BizzApp Services, you may and are expected to be subjected to laws and regulations applicable in your or any relevant jurisdiction. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate these terms, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials and/or User from the Software. We will fully cooperate with any law enforcement authorities or court order ordering us to disclose the identity of any perpetrator.

  1. Control of Information and Content: 

4.1. BizzApp allows you to create and use the Software through your Account. We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else and are not responsible for any use or effects of such Content. You explicitly acknowledge that you are the owner of all information and content sent through the Software and to the extent applicable, you must comply with all legislation, including with regard to privacy laws and laws regarding spam and/or the operation of databases containing personal or other information. 

4.2 .You also confirm that you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by BizzApp Services for you, to your User Platform. (“Content”).

4.3.  You agree not to submit, transmit or display any content which may be deemed as malicious, unlawful, defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of BizzApp or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;

  1. Paid Services

5.1. BizzApp, upon its sole discretion, may charge a certain fee for some of its services, as determined by BizzApp and to change or update it from time to time. BizzApp will provide notice of such Fees when applicable. If you wish to receive or use such Paid Services, you will be required to pay all applicable Fees in advance and keep a credit card stored to pay for your Paid services according to the PCI  compliance. 

5.2 BizzApp and/or its affiliated companies will issue an invoice for any payment of fees, which will be issued in electronic form and will be made available to you by e-mail or via your User Account,

  1. Intellectual Property:

6.1  You acknowledge and agree that you shall have no ownership or other interest in the Software and website, You further acknowledge and agree that the software (including without limitation any products, titles, software code, information, client lists, themes, objects, characters, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, profile structure and server software and databases) are owned by BizzApp. Furthermore, trademarks, trade names etc. displayed on the Software and website are registered and unregistered trademarks, trade names and service marks of their respective owners and/or BizzApp. Nothing contained on these terms of use or elsewhere should be construed as granting any license or right to use them without the written permission of the rights owner.

6.2. You agree and undertake not to copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the BizzApp Website, the BizzApp Services (or any part thereof), any Content offered by BizzApp or Third Party Services for use and display within User Platforms and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without BizzApp’s prior written and specific consent and/or as expressly permitted under the BizzApp Terms of Use;

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your Account and/or any services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services. 

No Warranties express or implied: 

THE SERVICES, LICENSE, SOFTWARE WITHOUT EXCEPTION, ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”. YOU USE THE SOFTWARE AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES ARE PROVIDED WITHOUT ANY EXPRESS OR IMPOLIED WARRANTIES OF ANY KIND WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BIZZAPP DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SOFTWARE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS IN THE EVENT OF ANY PROBLEM WITH THE SOFTWARE OR THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SOFTWARE AND/OR SERVICES.

Privacy Policy: 

We strive to maintain the reliability, accuracy, completeness and currency of personal information. BizzApp will maintain the privacy of your data, without derogating of its right to (a) collect and use statistical usage data and analytics; and (b) share Contact Information and other information regarding the Software and/or the Website. Information is collected in order to administer and operate the Services, prevent fraud, defend our legal rights and for the purpose of compliance with regulations regarding the Services, we provide. We may (but are not obligated) disclose any information regarding the User and/or the usage of the Software at our sole discretion. 

Limitation of Liability: 

BIZZAPP SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF THE USER OR ANY THIRD PARTY, OR FOR LOSS OF BUSINESS, PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, REGARDLESS OF WHETHER BIZZAPP RECEIVES NOTICE OF THE POTENTIAL FOR SUCH DAMAGES, AND IN NO EVENT SHALL BIZZAPP AGGREGATE LIABILITY FOR ANY CLAIM OR ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, FRAUD, MALPRACTICE, PRODUCTS LIABILITY OR STRICT LIABILITY) EXCEED THE AMOUNTS PAID OR TO BE PAID TO BIZZAPP DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR ACTION BY USER. THIS AGREEMENT ALLOCATES RISKS BETWEEN USER AND CUSTOMER; BIZZAPP’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED IN THIS SECTION.

Indemnification: 

User undertakes to indemnify, defend and hold BizzApp, as well as any and all of its subsidiaries, agents, employees and/or officers, against or from any liabilities, obligations, claims, debts, expenses etc., in any way connected with any misuse or abuse of the Services, information or the Website provided or contained herein, including in particular (but not limited to) any breach of these Terms of Use and/or violation of any law whatsoever (including  any violation or infringement of any third party rights) and/or any breach of any applicable third party terms and conditions;

Maintenance; Suspension: 

The Services may be, at any time and at BizzApp’s sole discretion, be off-line for maintenance or for any other reason, and Services or access may be denied, temporarily and/or continually and/or indefinitely, at BizzApp’s sole discretion and without consequence. BizzApp may suspend the Services, Website, Stores and Licenses, entirely or in part, at its sole discretion, temporarily or indefinitely.  

Amendment; Termination:

You or we may suspend or terminate your Account or your use of the Software in general at any time, for any reason or for no reason, by giving notice by email. We may also terminate or suspend any account for breach or misconduct without prior notice. 

Force Majeure: 

BizzApp shall not be deemed in default or otherwise liable under theses Tems of Use due to its inability to perform its obligations by reason of fire, earthquake, flood, substantial snowstorm, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, act of God, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default hereunder), or any failure or delay of any transportation, power, computer or communications system or any other or similar cause beyond that party’s control.

Notices: 

All notices and communication from user to BizzApp shall be made in English and shall be considered valid if they have been sent registerd mail or delivered by hand at 14 Yaakov ahva, Petach Tikva. BizzApp can communicate user via the e-mail provided by user upon registration of via notices on BizzApp’s website. Any notices that you provide without compliance with this Section shall have no legal effect.

Entire Agreement: 

These Terms of Use supersede all prior representations and/or understandings of the parties hereto relating to the subject matter hereof, whether oral or written.

No Waiver:

No term or condition of this Agreement shall be deemed waived, and no breach shall be deemed excused, unless such waiver or excuse is in writing and is executed by the party from whom such waiver or excuse is claimed.  No such waiver shall be deemed a waiver of any preceding or succeeding breach or right in the same or in any other provisions hereof.

Assignment: 

Neither these tems of Use nor any right or obligation arising hereunder may be assigned (voluntarily, by operation of law, or otherwise), in whole or in part, by you without the prior written consent of BizzApp. BizzApp may assign or these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. 

Applicable Law and Jurisdiction: 

Without derogating from the aforementioned, this agreement and any dispute pertaining thereto shall, shall be governed and construed solely in accordance with the laws of the State of Israel, and brought exclusively before the competent courts of Tel Aviv, in the State of Israel.

Severability:

The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.  In the event that any provision of this Agreement is determined to be invalid, unenforceable or otherwise illegal, such provision shall be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect.

  1. PRIVACY POLICY

 

7.1. We strive to maintain the reliability, accuracy, completeness and currency of personal information.

7.2. BizzApp will maintain the privacy of your data, without derogating of its right to collect and use statistical usage data and analytics; and share Contact Information and other information regarding the Software and/or the Website. Information is collected in order to administer and operate the Services, prevent fraud, defend our legal rights and for the purpose of compliance with regulations regarding the Services we provide.

7.3. We may (but are not obligated) disclose any information regarding the User and/or the usage of the Software at our sole discretion. 

7.4. When you use our Software, we may automatically receive and record information received from your computer and browser, including your IP address, cookie information, software and hardware attributes.

7.5. All Users must take into consideration that all of their activities related to the Software or the Account are exposed and that BizzApp may have access to them.

7.6. We may implement reasonable security measures to maintain the safety of information when you enter, submit, or access personal information, to the extent applicable.

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