Terms Of Service

Date of last effective update: August 24, 2016

Introduction

Welcome to the Terms of Service and Use (hereinafter referred to as the “Terms”) of the website located at satispot.com (hereinafter referred as the “Site”), operated by Satispot LLC (“Satispot”, and also ‘us’, ‘its’, ‘ours’ and/or ‘we’), and which shall heretofore rule any and all of your use of the products and services provided or delivered via Site. Any and all use and enjoyment of the Site on your behalf is subject to your fulfillment of these Terms, our Privacy Policy, and any appertaining guidelines, rules and regulations make available from time to time on the Site by us.

As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not. By accessing and/or using our Site and our services, you are therefore acknowledging and agreeing to be bound by and under these Terms, which constitute a legally binding legal agreement between you and us. Additionally, and in some cases, your use of certain products and services herein may be governed by and under additional third party terms, guidelines, rules and/or regulations, which may be made available to you (either expressly or via web hyperlinks) when you sign up to use or engage in those services.

If you create an account on the Site, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information.

Satispot’s services

Through the Site, we offer an automatic on-site feedback solution suite, implementing and using innovative technology which initiates automatic questions based on the user behavior, in order to achieve efficient feedback responses and, thus, increase conversion rate for your web properties.

Satispot hereby reserves the right to (temporarily or permanently) update, modify, change, amend, terminate or discontinue the Site (or any features therein), the Terms and/or the Policy, at any time and at its sole and final discretion. Our services and any other functionalities provided via the Site, are henceforth subject to amendments and updates which will be notified to you via the Site, your account or other communication means we deem convenient. We may stop providing the Site and our services to you or to any other user, and we may also create limits on access and use of our services.

Please, refer to the date shown above for the date where effective changes were last undertook by us. Your use of our services after the effective date thereof – either by an account registration or simple use – thereby indicates your acceptance.

Account

In order to have access to part or all of the Site and its functionalities, products and services, you may be required to register and create an account. You are solely responsible for the activity that occurs on your account and for safeguarding your password. We hereby reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate your account, upon any actual or alleged breach cause of these Terms. You must notify Satispot immediately of any factual or suspected breach of security, or unauthorized use of your account.

By registering an account you affirm that the information you submit is true and correct, that you are of the age mandated by law for you to accept the terms and conditions of this Agreement, that the utilization of our services does not violate any applicable laws or legislation or the terms of this Agreement.

It shall be your responsibility to maintain the security of your account and you shall be deemed fully responsible for any and all activities on your account as well as any other actions taken in connection with your use of our services.

Fees, payments

In order to maintain a valid account for the Site, you may be required to pay certain monthly fees to Satispot. Therefore, by purchasing the products and/or services made available by us on the Site, you are thereto agreeing to pay Satispot any and all of the monthly or annual subscription fees indicated for such product or service. Payments shall be due as of the first day you sign up for the relevant product and/or service, and will cover a monthly or annual period, as indicated when signing up via the Site. Fees are not refundable. The paid amounts will be charged through PayPal and other payment processors, financial institutions and/or credit card issuers implemented used by us from time to time.

We hereby reserve the right to offer some or all of our products and/or services through a 14 (fourteen) days free trial. Free trial opportunities will be displayed on the Site and, if you have (or someone in your company has) used those products and/or services previously, you may not be eligible to receive such free trial opportunity.

During the free trial period, you will not be requested to submit payment though our approved payment methods. Once the free trial period ends, you will no longer be able to access your accounts, until you have acquired one of our paid packages.

In case you will decide to purchase one of our products and/or services during the 14 free trial period, the Payments shall be due as of the first day you sign up for the relevant product and/or service, even if the 14 days free trial period haven’t ended yet.

Termination

You may terminate your agreement with us and close your Site account at any time by sending an email to support@satispot.com, and such action shall be effective from the last day of your subscription term.

Upon termination, any and all rights and licenses granted to you through these Terms shall terminate immediately for all legal purposes. If your account or access to our services is terminated or suspended because you violated these Terms, no any fees shall be credited or reimbursed to you in any form, and you will have no further right to access your account.

Upon account termination for any cause, we will have the right, but not the obligation, to either store and/or delete any and all data collected and related to such terminated account.

If you cancel your account part way through a month, quarter, or year, you will retain account access until the end of the then-current billing cycle. Once your subscription term terminates, your account will move to a dormant state, and you will no longer be able to access the data associated with your account. Take into account that you will not be charged again and no refunds will be made for the remaining paid-up time in your subscription term.

Upon a user who violates or repeatedly violates (if even allegedly) the intellectual property rights or other copyright of Satispot or other third parties, then Satispot will have the right, at its sole choice, to temporarily or permanently prevent further access to the Website, Services and/or Products. Upon such case of agreement extinction, Satispot shall not be obligated for any refund of any monies paid to Satispot or to any other third party regarding such extinguishment.

Representations and Warranties

This is a legally binding agreement between you and Satispot. Henceforth, you represent and warrant that:

  1. you have, or otherwise you have obtained any and all necessary power legal and authority to enter into these Terms;
  2. if you are entering into to these Terms on behalf a third party or legal entity, you have any and all necessary power legal and authority to bind such third party or legal entity under these Terms;
  3. your use of the Site, the services and the enjoyment of any products thereby will be undertook in strict accordance with these Terms, our Privacy Policy, Satispot’s guidelines and/or rules and/or any and all applicable laws and regulations in your jurisdiction regarding online conduct and acceptable user generated content;
  4. your will not infringe, violate or misappropriate the rights of any person or third party, nor encourage or allow any other third party to do so; and
  5. you will not distribute, post or otherwise make available any content that: (a) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (b) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (c) endangers children and underage persons; (d) is or allows illegal or fraudulent activities to take place; (e) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (f) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous.

Limitation of liability

Satispot does not undertake any representations or warranties related to the use or the results of the use of the Site, any products and services therein, or the validly, rightness, exactness, dependability, or otherwise the nature of any materials or content made available through any license terms herein.

Applicable laws and regulations may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Henceforth, if you fall under rule of such jurisdictions, part or all of the disclaimers or liability limitations mentioned herein may not apply to you, and you might also have additional rights not limited by law.

Under no circumstances whatsoever shall Satispot be liable to you or any third party for any special, incidental, consequential, punitive, direct or indirect damages that result from the use of, or the inability to use, the Site, the services provided thereby or any other linked website, including but not limited to, negligence, strict liability, product liability or other legal theory, whether active, passive or imputed, even if you have been advised of the possibility of such damages. Satispot’s maximum liability to you for any losses or damages arising out of or related to your use of the Site and any services therein shall be limited to the amount that is or results inferior between: (i) the amount paid by you to us in connection with the Site during the twelve (12) prior months; or (ii) USD$50 (Fifty United States Dollars).

Disclaimers

The services and the Site are provided on an “AS IS,” “AS AVAILABLE” and “WHERE-IS” basis with no warranty of any kind. Satispot and its agents, officers, employees, suppliers and licensors hereby disclaim any and all warranties of any kind, whether express or implied, including, but not limiting to, any and all warranties of merchantability, reliability, suitability, fitness for a particular purpose and non-infringement. We make no warranty, whether express or implied, that: (i) the Site or any products and services therein will meet your specific requirements; (ii) they will produce any result; (iii) that they will be uninterrupted or error-free; (iv) defects will be corrected; (v) our Site will be free of viruses or other harmful components; (vi) our services or Site will be continuously available. We are not to be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any products, services or data made available to you through the Site or any third party link or content.

Indemnification

You agree to indemnify and hold Satispot, and its agents, subsidiaries, officers, licensors, co-branders, partners and employees, harmless from and against any and all actual or threatened proceedings (at law or in equity), claims, actions, judgments, costs and/or liabilities (including, but not limited to, reasonable expert and attorney fees) arising out of your use of the Site, your use of any of the Site’s products and services, your conduct and any user content, your violation of these Terms or our Privacy Policy, or your violation of the rights of any third-party.

Third party links

Our services may display or contain links to third party products, services, and websites. These links are for your personal convenience and for reference only. Any judgment, recommendation, declaration, product, services, tender or other data that is or can be considered part of the content articulated, created or otherwise made available to you by Satispot, Satispot’s agents, officers, employees, suppliers and licensors, other users or other third parties, or which is otherwise reachable through or that may be delivered via our Site or our products and services, is thereby responsibility of the pertinent authors or producers, and not of Satispot.

We do not monitor part or all of the third party content available on the Site, and we do not assure the correctness, truthfulness or value thereof, and is offered only for illustrative purposes, that is, they may not accurately purport the look and form of a certain item, product or service Through our services, you may also be exposed to content that is or may be considered distasteful, impolite, or objectionable, depending on your jurisdiction. Therefore, you (and not Satispot) have the sole and final responsibility to monitor and appraise any and all data, comment, advice or other content made available on and through our Site.

Ownership

Satispot owns or otherwise has sufficient right and title for all Satispot’s logos, trademarks, software, trade secrets, copyright, records, reports, the Site’s content and all associated intellectual property rights therein. In order to safeguard Satispot’s copyrights and other proprietary rights in the Site and its products and services, you hereby oblige not to obscure, remove or delete any of Satispot’s proprietary trademark notices, including any and all copyright markings, logos or other intellectual property rights. You hereby agree not to undertake any act that might harm or inactivate any of such markings, logos and notices, and that you will not employ such markings, logos and notices or any similar legends or identification markings in any way, unless you were granted Satispot’s prior written consent.

Content, license

Any and all submissions of data, content, text, images, audio or other form which may be provided by you to us through the feedback system of the Site and/or received by Satispot from other platforms connected or ancillary to the Site, shall be deemed your sole property. You hereby grant to Satispot, and to Satispot’s agents, officers, employees, suppliers and licensors, an unlimited license, royalty free, sublicensable, non-exclusive and transferable, for the entire world, in order for Satispot to use and exploit such content for its services and the Site.

Solely in order for you to use Satispot´s services and the Site, Satispot hereby grants you a limited license, royalty free, non-sublicensable, non-exclusive, revocable, non-transferable; in accordance with the terms and conditions set forth herein.

Any and all information and personal data we may collect is only accessible to Satispot and Satispot’s agents, officers, employees, suppliers and licensors, and shall be used for the creation of aggregate databases and statistics about our Site, improving our products and Services, offering better deals, studying traffic patterns and related Site data, along with the disclosure of such information to third parties. Satispot shall have final and complete discretion regarding the use and disclosure of the obtained information.

Satispot hereby informs to all users of the Site that their unauthorized use of the information and personal collected by Satispot via the Site constitutes a breach of these Terms. In such case, Satispot shall determine, at its sole and final discretion, whether the user in question may have its access to the Site and any products and services therein, temporarily or permanently revoked, and Satispot may immediately block such users’ account on the Site, along with any licenses granted thereby, in order to prevent any further breach and risk, without exclusion to any legal measures available to Satispot it under applicable law.

You are hereby informed that the utilization of the Site for the submission of any user generated content and data is implemented only for feedback and evaluation purposes on behalf of Satispot, and that any users which submit content that is or results to be false, inaccurate or that does not contribute to the benefit of Satispot and the Site’s user community is thereto forbidden. Satispot hereby reserves the right to use any and all legal and managerial remedies available to it under applicable law and in fact, pursuant to avert and forestall any such forbidden submissions.

Newsletters and other advertising material

Your agreement during the Site’s registration process to receive updates and marketing materials of Satispot, means that you agree and authorize Satispot to make use of the information you provided for the purposes of: (a) improvement of Satispot services provided to you; (b) Satispot notifying you of products and services which might interest you; and (c) Satispot sending you the Satispot newsletter and/or other advertising information of Satispot through the internet or other communications. The aforementioned agreement may be cancelled by you at any time, by request to us in order cancel your approval for such delivery and, thus, stop receiving such materials. You can send us an e-mail to the address appearing on the “Contact Us” in the Site.

By opening an account with Satispot, you thereby acknowledge and grant Satispot an authorization and license to use your company’s name & logo in our Site, newsletters, blogs or any other marketing materials used by us.

Accounts, contact, security

Satispot implements advanced platforms and safeguarding technology. Upon access to the Site, you may encounter that certain non-public components of our Site also use Secure Socket Layer (SSL) technology in order to protect your information, implementing both server authentication and data encryption techniques, guaranteeing that your personal data and information is kept protected, sheltered and available only to Satispot authorized employees, agents and registered users.

Satispot will undertake all available methods pursuant to the protection of your data, which will be available only to you, and protected from third party unauthorized intrusion.

In order to use part or all of our Site and services, during the registration process you may be asked to provide Satispot with certain personally identifiable information in order to set up an account with us. You therefore agree to disclose and keep correct, updated and complete information, including contact and payment information to receive notices and other interactions from us. For more details, please revise our Privacy Policy. You hereby agree not to use fake or deceptive information regarding your account, or use your account to act on representation of third parties. Satispot reserves the right, at its sole and final discretion, to edit or delete any data that it may deem unsuitable or illegal, or that is otherwise likely to expose Satispot or Satispot’s agents, officers, employees, suppliers and licensors to claims by any third party. You also understand, acknowledge and agree that Satispot may undertake necessary actions to authenticate the correctness and veracity of any and all data and information you may provide to us.

Governing Law, Forum

By the simple use of this Site, you: (i) irrevocably acknowledge and further agree to submit all matters arising out of or relating to your access thereof, along with any causes of action, claim and/or dispute that might arise between you and Satispot, to the laws of the State of Israel, without regard to conflict of law principles; and (ii) submit to the exclusive jurisdiction of the courts of Tel Aviv – Yafo, Israel.

If you have any comments or queries regarding these Terms or any matters contained thereby or on the Site, please contact us.