Terms and Conditions

Last updated: December 29, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program (Chrome extension) provided by the Company, downloaded by You on any electronic device, named “Funnelyzer”.

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: Israel

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Metriko Ltd., a private company incorporated in the State of Israel, company no. _______________, of 24 IMBER street, Petach Tikva, Israel.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content. 

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service (in its current version, or as may be updated from time to time).

Financial Data means financial data relating to Your online shop, which We shall access via external sources (e.g. Google Analytics, etc.), following receipt of permission (and access codes) from You. 

Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.

Promotions refer to contests, sweepstakes or other promotions offered through the Service. [Achishay: is this relevant?]

Service refers to the Application or the Website or both.

Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Funnelyzer, accessible from https://funnelyzer.ai/

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable, whether such use is made for free, or in consideration for payment.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. 

If you are accessing our Service on behalf of a company or another entity, you hereby acknowledge that you have the right to bind such entity by the terms of these Terms and Conditions.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

The Service

Funnelyzer is a Chrome extension, intended for online shop-owners. The Funnelyzer Service provides You, the online shop owner, with user behavioral analytics tools, business-oriented dashboards, and reports. We allow businesses and websites to analyze data about how their users are interacting with their online shop / services. Funnelyzer does this by receiving direct access to certain third party services (the “Analytics Tools“) – mainly Google Analytics, Google Ads, and Facebook Ads, which collect information about the customers of the online shops, and on what their users are doing on their websites, including but not limited to: what webpages the customers visit, what users click on, where those users are located, why the users fail to complete purchase transactions, what browser or platform those users are using, and many other forms of behavioral or personal data. Funnelyzer providers a more efficient and user-friendly analyzing tool for such data, and presents it to Funnelyzer’s customers in a better business-oriented manner.

Please note that the Funnelyzer Service does NOT provide information regarding individual users, but rather only aggregated information about all of the online business’s customers’ behavior (i.e. all the customers whose data is uploaded to the Service).

Naturally, providing the abovementioned Services to the User, requires us to process data relating to Your online sales on Your online shop. Our access and analyses of Your online shop’s sales data is our legitimate interest for data processing, as it directly relates to the Services we provide.  

Subscriptions

Access to Service

Immediately following your registration for the Service, and making your initial payment (if applicable), You shall be receive an email from Us, which shall include a link to download our software. After downloading, You shall choose a password, and then Ylu shall be able to access Our Services. [Achishay: is this accurate? This is what Isracard asks for…] 

Free Services

Some of the Services (i.e. the basic package) are provided to our Users free of charge. Such free Services are of a limited scope, and provide access only to a limited number of reports, regarding a limited number of customers. 

We reserve the right to terminate any free Services at any time in the future, and/or to change the scope of such free Services (i.e. to limit the number of reports accessible, to change the reports, to limit the amount of data We analyze for You, etc.).

Subscription period

The Service, or some parts of the Service, are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. The subscription periods may change from time to time, as shall be publicized on Our Website. 

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it, or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. 

Unless mandatorily required under applicable law, You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period. 

If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store’s own terms and conditions (without derogating from these Terms and Conditions).

External Payment Processors

Payments to the Company may be processed via certain external online payment service providers (“Payment Service Processors”). We may add or change the Payment Service Processors at our sole discretion. We do not control and are not affiliated with such Payment Service Processors. These Payment Service Processors are independent contractors and have no employment or agency relationship with Us. The Company is not responsible in any way for the actions or performance (or lack thereof) of the Payment Service Processors. The use of the Payment Service Processors is at your sole discretion and liability. It is your responsibility to abide by all the terms specified by the Payment Service Processors in their terms of use and privacy policies, including but not limited to any age restrictions specified therein. You acknowledge that you are fully assuming the risks of conducting any transactions via the Payment Service Processors in connection with Us. 

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

If the Subscription has been made through an In-app purchase, the Application Store’s refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected. [Achishay: do you send an email to the User before you start charging the customer?]

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

In-app Purchases

The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.

More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store’s own terms and conditions or in your Device’s Help settings.

In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store’s own terms and conditions.

If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

Furthermore, providing Us with inaccurate information may lead to us providing You with inaccurate and/or misleading reports, for which shall bear no responsibility. 

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. [Achishay: is there any chance that you will want to publicly display the store’s sale’s information? I assume not. Please correct me if I’m wrong]

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups of Content and Financial Data

Although regular backups of Content and Financial Data are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content and/or Financial Data that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content and/or Financial Data. But You acknowledge that the Company has no liability related to the integrity of Content and/or Financial Data or the failure to successfully restore Content and/or Financial Data to a usable state.

Furthermore, we call Your attention to the fact that the Company will not backup any Financial Data it retrieves from external Analytics Tools. Company only intends to access such Financial Data, and derive reports therefrom, but We shall not save the Financial Data on Our servers (provided that Company does retain the right to use such Financial Data from generating general market data and market analytics, and for its own machine-learning purposes).

You agree to maintain a complete and accurate copy of any Content and/or Financial Data in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent (“Copyright Agent“) via email at [email protected] and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright Copyright agent Agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

“AS IS” and “AS AVAILABLE” Disclaimer for Free Services

[Achishay: I have never seen an “AS IS” disclaimer applied to a paid service, but rather only for free services]

With respect to any Service which is provided to You for no consideration -The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Limited Warranty for Paid Services

You hereby acknowledge that Our Services and products are still in developmental stages, and still require further development and machine learning. Thus, the Services are not necessarily at the level of performance and compatibility of the expected final product offering. We cannot guarantee that the Services will be error-free, or that the results provided by the Services will be to your satisfaction.

FOR THE DURATION OF THE SUBSCRIPTION PERIOD, WE WILL ATTEMPT TO CORRECT ANY ERRORS IN THE SERVICES, FREE OF CHARGE, AFTER NOTICE WITH RESPECT TO SUCH ERROR IS PROVIDED TO US IN WRITING, DETAILING THE PROBLEM(S). WE WILL MAKE FINAL DETERMINATION AS TO THE EXISTENCE AND CAUSE OF ANY ALLEGED BUG. 

WE DO NOT WARRANT THAT (i) THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SERVICES WILL BE CORRECTED.

THE WARRANTY STATED ABOVE IS OUR SOLE AND EXCLUSIVE WARRANTY PERTAINING TO THE SERVICES AND/OR THE SOFTWARE, AND WE HEREBY DISCLAIM ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, COMPLIANCE TO REGULATIONS, SAFETY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF MERCHANTABILITY.

Limitation of Liability

WITHOUT DEROGATING FROM THE ABOVE, WE HEREBY EXPLICITLY CLARIFY THAT OUR SERVICE IS MAINLY INTENDED TO PRESENT EXISTING FINANCIAL DATA IN USER FRIENDLY METHODS. NATURALLY, WE SHALL BEAR NO RESPONSIBILITY WHATSOEVER FOR ANY DATA (INCLUDING, WOTHOUT LIMITATION, SALES DATA) PROVIDED TO US FROM EXTERNAL SOURCES, AND IT IS CLARIFIED THAT ANY WRONG OR DAMAGED DATA WILL CAUSE ERRORS IN THE APPLICABLE REPORTS. 

FIRTHERMORE, IT IS HEREBY CLARIFIED THAT OUR ANALYTICS SERVICES ARE DECISION SUPPORTING ONLY. THUS, WE MAY IDENTIFY CERTAIN MATTERS THAT MAY ENHANCE YOUR SALES, AND PROVIDE YOU WITH SUGGESTION TO CORRECT / IMPROVE YOUR ONLINE SHOP. NONETHELSS, WE SHALL NOT MAKE ANY DIRECT CHANGES TO YOUR ONLINE SHOP. IT IS YOUR RESPONSIBILITY TO CONSIDER OUR ANALYSES AND SUGGESTIONS, AND DECIDE WHETHER TO ACT THEREUPO. WE SHALL BEAR NO LIABILITY WHATSOEVER FOR ANY DECISIONS YOU MAKE, NOR SHALL WE BEAR ANY LIABILITY FOR ANY FAILURE TO IDENTIFY ANY PROBLEMS AND/OR DELAYS AND/OR OTHER CAUSES OF CONCERN RELATING TO YOUR ONLINE SHOP / SALES.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this these Terms and Conditions, and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service over the last three months prior to the date of Your claim (or 100 USD if You haven’t purchased anything through the Service).

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this these Terms and Conditions), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this these Terms and Conditions, and Your use of the Service. Any legal proceedings relating to these Terms and Conditions shall be held exclusively in the applicable courts in Tel Aviv, Israel. Notwithstanding the above, the Company shall also be permitted, at its sole and absolute discretion, to initiate Your use of the Application may also be subject tolegal proceedings against You in any other local, state, national, or international lawsjurisdiction.

You shall bring action relating to any dispute You may have hereunder ONLY within one (1) year of the accrual of such dispute. After such time, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government and/or by the government of the State of Israel as a “terrorist supporting” country, and (ii) You are not listed on any United States government list and/or on any State of Israel government list, of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this these Terms and Conditions shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Transferability

We reserve the right to share or transfer your information in connection with a prospective or actual sale, merger, transfer, change of control,  or other reorganization of all or parts of our business, subject to the purchaser undertaking privacy undertakings similar to those set forth herein.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: [email protected]

By visiting this page on our website: https://funnelyzer.ai/contact-us/