BY SIGNING UP FOR AN ACCOUNT OR BY USING THE SERVICE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR CORPORATE END USER THAT IS SPECIFIED IN THE REGISTRATION INFORMATION ASSOCIATED WITH SUCH END USER’S ACCOUNT FOR THE SERVICE.

By accessing or using our Services, you affirm that:

– you can form a binding contract with us; and

– you are over the age of 18, as the Services are not intended for children under 18.

Account Terms

1. You must provide a valid email address and any other information requested during the account signup process in order to obtain an account. You must ensure that all account information remains complete and accurate.

2. Accounts registered by “bots” or other automated methods are not permitted.

3. You are responsible for maintaining the security of your account and password, and are responsible for all activities conducted using your account and password. Shoppimon cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

4. You may not use the Service for any illegal or unauthorized purpose. Without limiting the foregoing, you may use the Service only in accordance with the use parameters of your account’s plan level (“Plan Level”), and you agree not to attempt to circumvent such limitations.

Payment and Pricing Terms

Payment and pricing terms for the Service are set forth on Shoppimon’s pricing information page available at www.shoppimon.com/pricing which is incorporated by reference into these Terms of Service.

Cancellation and Termination

1. Shoppimon reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

2. Prices of all services included in the Services, including but not limited to the monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from Shoppimon. Such notice may be provided at any time by posting the changes to the Shoppimon Site (www.shoppimon.com) or the Service itself. If you do not agree to such pricing change, you may cancel your account during such 30-day period. By continuing to use the Service after the effective date of such pricing change, you hereby agree to such pricing change.

3. Shoppimon shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Software Licenses, Copyright and Content Ownership

The Service (including all of its software and technology components), together with all intellectual property rights therein, are the exclusive property of Shoppimon and its suppliers. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Service without express written permission from Shoppimon. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners. You are hereby granted a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to use the Services, for as long as Shoppimon provides you with the Service and subject to these Terms of Service.

Service Level Commitment

Shoppimon is committed to providing our customers with a great experience with our products. Shoppimon is provided using the software-as-a-service model. The Service shall be considered Available” so long as customers are able to log in to the Shoppimon user interface and see gathered data. We endeavor to make the Service Available at all times with the exception of very short maintenance windows that occur periodically throughout the month. Shoppimon will use commercially reasonable efforts to maintain Service Availability of at least 99.8% during any monthly billing cycle.

General Conditions

1. Your use of the Service is at your sole risk, and Shoppimon makes no representations that the Service will detect all problems in your online store.

2. Technical Support shall be provided primarily via email (contact us at: support@shoppimon.com)

3. You understand that Shoppimon uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service. Shoppimon is not responsible for any downtime or failures attributable to third parties.

4. You must not modify, adapt or hack the Service or modify any website so as to falsely imply that it is associated with the Service, Shoppimon, or any other Shoppimon service.

5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Shoppimon.

6. You understand that the technical processing and transmission of the Service may be transferred unencrypted over a network, and assume all risks related thereto. Shoppimon shall not be liable to you for any liabilities arising from the operation of the Service over the Internet or other network. You will notify Shoppimon without delay of any security or data breaches in relation to the Service of which you become aware.

7. You must not transmit or allow the transmission of any worms or viruses or any code of a destructive nature or any other files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or of any user of the Services or of any third party.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND SHOPPIMON EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SHOPPIMON DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE COMPLETE, ACCURATE, OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

Use of Your Logo

You hereby allow Shoppimon the use of your name, brand, logo, and trademarks on the Shoppimon website and in the presentations and marketing materials of Shoppimon.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHOPPIMON SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHOPPIMON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING ANY SUCH DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; TERMINATION OF YOUR ACCOUNT; OR ANY OTHER MATTER RELATING TO THE SERVICE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SHOPPIMON’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU PAID TO SHOPPIMON IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM.

Indemnity

You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right.

This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.

Miscellaneous

This Agreement shall be governed by the laws of the State of Israel without giving effect to any conflicts of laws principles. You irrevocably agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Shoppimon to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Shoppimon and govern your use of the Service, superseding any prior agreements between you and Shoppimon (including, but not limited to, any prior versions of the Terms of Service).

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by us without restriction or notification to you.

These Terms of Service were last updated on February 9, 2016. You can review the most current version of the Terms of Service at any time at: www.shoppimon.com/terms-of-use.

Questions about the Terms of Service should be sent to info@shoppimon.com.

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