Effective Date: May 14th 2024
Welcome to Clickiny! These Terms of Service (“Terms”) govern your use of the Clickiny website and services (the “Services”) provided by Zero to Zeus Ltd. (“Company,” “we,” “our,” or “us”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1. Use of Services
1.1. Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you have the legal capacity to enter into these Terms.
1.2. Account Registration
To access certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account login information and for all activities that occur under your account.
1.3. Acceptable Use
You agree not to use our Services for any unlawful purpose or in any way that could harm, disable, overburden, or impair our Services. This includes, but is not limited to, transmitting any viruses, malware, or harmful code, or engaging in any activity that interferes with or disrupts the Services.
2. User Content
2.1. Responsibility for User Content
You are solely responsible for any content you submit, post, or display on or through our Services (“User Content”). You represent and warrant that you have all necessary rights to submit, post, or display the User Content and that such content does not infringe or violate the rights of any third party.
2.2. License to User Content
By submitting, posting, or displaying User Content on or through our Services, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with our Services and our business.
3. Intellectual Property
3.1. Ownership
All content and materials included in our Services, including text, graphics, logos, images, and software, are the property of Zero to Zeus Ltd. or our licensors and are protected by applicable intellectual property laws.
3.2. License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal, non-commercial use. This license does not include any resale of our Services or their contents, any collection and use of any product listings, descriptions, or prices, or any derivative use of our Services or their contents.
4. Privacy
Your use of our Services is also governed by our Privacy Policy, which can be found on our website. By using our Services, you consent to the collection, use, and sharing of information as described in our Privacy Policy.
5. Payment and Billing
5.1. Fees
Some features of our Services may require payment of fees. You agree to pay all applicable fees in connection with your use of the Services. All fees are non-refundable unless otherwise stated.
5.2. Payment Information
You must provide accurate and complete payment information. By submitting payment information, you authorize us to charge all applicable fees to the payment method you provide.
5.3. Subscription Term and Fees
Our Services are provided on a subscription basis for the term specified in the order form (the “Subscription” and the “Subscription Term”). During the Subscription Term, you shall pay the Company the applicable fees set forth in the order form (the “Fees”). Unless otherwise indicated, Fees are stated in US dollars. You authorize the Company, either directly or through our payment processing services, to charge the Fees via your selected payment method on the due date. Unless expressly set forth herein, the Fees are non-cancelable and non-refundable. The Company reserves the right to change the Fees at any time, upon notice to you, provided that any increase will only become effective upon the end of the then-current Subscription Term.
5.4. Subscription Auto-Renewal
To ensure uninterrupted service, your Subscription will automatically renew by default unless canceled at least 30 days prior to its expiration. The renewal period will be equal in time to the original Subscription Term (excluding any renewal period) at the then-applicable Fees.
5.5. Taxes
The Fees are exclusive of any and all taxes (including, but not limited to, value-added tax, sales tax, use tax, excise, goods and services tax, etc.), levies, or duties, except for Israeli income tax imposed on the Company. If you are located in a jurisdiction that requires you to deduct or withhold taxes from any amounts due to the Company, you shall promptly notify the Company in writing. The Company will make reasonable efforts to avoid any such tax withholding; however, you will be solely responsible and liable for paying such taxes, and such taxes shall be “grossed up” and added on top of the Fees payable by you.
6. Confidentiality
6.1. Confidential Information
“Confidential Information” means any and all non-public business, product, technology, and marketing data and information, whether written, oral, or in any other medium, disclosed or otherwise provided by either party (the “Disclosing Party”) to the other party (the “Receiving Party”), that is either identified as such or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information does not include information that the Receiving Party can prove: (a) is publicly available at the time of disclosure or subsequently becomes publicly available through no act or omission of the Receiving Party in breach of these Terms; (b) is already known to the Receiving Party at the time of disclosure; (c) is disclosed to the Receiving Party free from confidentiality obligations by a third party who is not, to the knowledge of the Receiving Party, in breach of an obligation of confidentiality; or (d) was or is independently developed by the Receiving Party without use of or reliance upon the Confidential Information.
6.2. Confidentiality Obligations
The Receiving Party agrees that it will: (i) hold the Confidential Information of the Disclosing Party in confidence and take all reasonable steps to safeguard and protect the Confidential Information, including those steps it takes to protect its own Confidential Information of a similar nature; (ii) not disclose or otherwise provide any Confidential Information to any third party without the prior written consent of the Disclosing Party, except to those of its employees who need to know such Confidential Information for the purpose of fulfilling this Agreement, provided that such employees are bound by written confidentiality obligations that are at least as restrictive as those contained herein; (iii) not copy or use the Confidential Information for any purpose except to the extent required to perform its obligations or exercise its rights under this Agreement, while maintaining the Disclosing Party’s interests; and (iv) if the Receiving Party is requested or legally compelled to disclose any Confidential Information pursuant to the order or requirement of a court, administrative agency, or other governmental body, make best efforts to provide the Disclosing Party with prompt notice thereof and, at the request and expense of the Disclosing Party, use reasonable efforts to limit such disclosure to the extent requested. The Receiving Party’s obligations with respect to Confidential Information shall expire seven (7) years from the date of termination or expiration of the last Subscription Term, unless a longer period of protection applies under applicable law.
6.3. Right to Disclose
The Company reserves the right to access, read, preserve, and disclose any information that it obtains in connection with the Platform as the Company reasonably believes necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena, or governmental request; (ii) enforce these Terms, including investigating potential violations; (iii) detect, prevent, or address fraud, security, or technical issues; (iv) respond to Customer’s support requests; and/or (v) protect the rights, property, or safety of the Company, its users, or the public.
7. Termination
7.1. Termination by You
You may terminate your account at any time by contacting us at [email protected].
7.2. Termination by Us
We may terminate or suspend your account and access to our Services at any time, with or without cause or notice, if we believe that you have violated these Terms or if we determine, in our sole discretion, that it is in our best interest to do so.
7.3. Effect of Termination
Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Disclaimers and Limitation of Liability
8.1. Disclaimers
Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services are free of viruses or other harmful components.
8.2. Limitation of Liability
To the fullest extent permitted by applicable law, Zero to Zeus Ltd. and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (e) any errors or omissions in any content; or (f) any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we have been advised of the possibility of such damages.
9. Indemnification
You agree to indemnify, defend, and hold harmless Zero to Zeus Ltd., its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your use of the Services, your violation of these Terms, or your violation of any rights of another.
10. Governing Law and Dispute Resolution
10.1. Governing Law
These Terms and any disputes related to these Terms or our Services will be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law principles.
10.2. Dispute Resolution
Any disputes arising out of or relating to these Terms or our Services will be resolved through binding arbitration administered by the [Insert Arbitration Organization] in accordance with its rules. The arbitration will take place in [Insert Location], and the arbitrator’s decision may be enforced in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
11. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by revising the date at the top of these Terms and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). Your continued use of our Services after the posting of changes constitutes your acceptance of such changes.
12. Contact Us
If you have any questions about these Terms, please contact us at:
Clickiny