Terms of Service

Terms of Use

Xplenty develops and offers a web-based solution for data management for all kind of enterprises. "Xplenty" means, Xplenty Ltd. and its subsidiaries or affiliates involved in providing the Services (as defined below).

The services offered by Xplenty include a website – www.xplenty.com ("Website"), a "software as service" (SaaS) application, made available through the Website ("Application"), widgets and other features or content and/or any support, maintenance and other professional services, as now offered and/or may be offered in the future, in connection with the Website or the Application (collectively referred to as the "Services"). These Terms of Services ("Terms") set the legally binding terms for using the Services.

IF YOU HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT WITH XPLENTY FOR THE PROVISION AND USE OF THE SERVICES ("SEPARATE AGREEMENT"), THE TERMS AND CONDITIONS OF SUCH SEPERATE AGREEMENT SHALL PREVAIL OVER ANY CONFLICTING TERMS OR CONDITIONS IN THESE TERMS.

1. General

1.1. Acceptance of Terms

By accessing and using the Services, whether as a visitor, browsing the Website without registration ("Visitor"), or as a user, that have been registered to the Services ("User") ("Visitor" and "User" collectively referred as "You"), You agree to be bound by these Terms. If You do not agree to any of the provisions as set forth in these Terms, You have no right to use the Services or any part thereof. If You are acting on behalf of an organization and/or a company and/or any registered or unregistered entity (together, "Organization"), You represent that you are authorized to act on behalf of such Organization and that Your acceptance of these Terms creates a legally enforceable obligation of the Organization. As used herein, "You" and "Your" refer to you and any Organization on behalf of which You are acting.

1.2. Eligibility to Use the Services

By using the Services, You represent that: a) You are the age of majority in Your jurisdiction; b) Your use of the Services does not violate any applicable law or regulation; c) all required information that You submit or post in order to use the Services is accurate and You will maintain the accuracy of the information at all times. If Xplenty is informed or has reason to believe that You are not eligible to use the Services or that You become ineligible, Your use may suspended be terminated without notice and Your account may be suspended, blocked and/or deleted, at Xplenty's sole discretion.

1.3. Modifications of Terms

Xplenty reserves the right to change, add to, delete portion of or otherwise modify, from time to time, at its sole discretion, these Terms and/or the terms of its Privacy Policy (as defined below). Posting the modified Terms and/or Privacy Policy on the Website will give effect to its revised terms within 10 days as of such posting, unless earlier accepted by You. Thereafter any continuing use of the Services by You will constitute Your expressed agreement to abide by the revised terms.

1.4. Changes in the Services

Notwithstanding anything to the contrary, Xplenty reserves the right to suspend, discontinue, modify, or remove any Services offered from time to time, without prior notice, without reason or liability, and/or to offer certain services only in various versions or in selected times, based on Xplenty’s sole discretion.

In addition, Xplenty expressly reserves the rights to charge You, in the future, for services which are currently available for free. Xplenty will not charge You for using the Services, before receiving Your consent, however Xplenty reserves the right to terminate Your account with Xplenty and cancel Your registration for the Services, in whole or in part, should You refuse to provide such consent and payment if and when so required.

2. The Services

2.1. Provision of the Services

Xplenty shall provide You with the Services subject to the payment of all agreed charges, fees and other amounts due under these Terms and/or any other agreement between you and Xplenty (collectively - "Charges"), when due.

Xplenty shall choose, in its sole discretion, the equipment, tools, system, software and hardware to be used in order to provide You with the Services. The Services shall be provided through Xplenty's servers and/or third party's external servers or cloud services used by Xplenty, to be determined by Xplenty in its sole discretion.

Support services in connection with the Services may be provided to You by Xplenty via email/forum/chat, from time to time, at Xplenty's sole discretion. Without derogating from any provision herein, any support services provided to You by Xplenty are provided "as is" and on an "as available basis" and any implementation thereof by You shall be made at your own risk and responsibility.

2.2 Fees for the Services; Terms of Payment

Certain Services may be subject to Your payment to Xplenty of applicable fees ("Chargeable Services").

Unless otherwise is explicitly agreed between You and Xplenty, the fees and charges for Chargeable Services shall be as stated in Xplenty's then current price list appears in the Website (collectively – the "Charges").

Xplenty may change, from time to time, the Charges in effect, the terms of payment, the Payment Methods (as defined below) and the nature of Chargeable Services, at any time, at its sole discretion. Xplenty may charge in the future, for services which are currently available for free, as further specify in Section 1.4 above. Xplenty will give You an advance notice of any such change by email, by notification upon log-in, or by publishing such changes on the Website, at Xplenty's sole discretion.

Unless otherwise is explicitly agreed between You and Xplenty, Charges for the Chargeable Services may be paid by  credit card or other payment method accepted by Xplenty ("Payment Method"). Xplenty shall apply any due Charges according to the Payment Method provided by You (upon registration to the Services as further described below, or otherwise). By providing a Payment Method for the Chargeable Services, You expressly agree and authorize Xplenty to charge You any due Charges at the then current rate in connection with Your use of the Chargeable Services.

Nothing in these Terms shall obligate Xplenty to extend credit to any party.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIAL-MONTH PERIODS OR NON-PARTICIPATON OR UNUSED SERVICES.

Unless otherwise is explicitly agreed between You and Xplenty, Xplenty will charge You the Charges through the Payment Method on a monthly basis, at the beginning of any calendar month, for the Services rendered on the previous month. Late payments shall bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are inclusive of all taxes. To the fullest extent permitted by law, You hereby waive any and all claims relating to Charges unless claimed within 60 days after the relevant charge (this does not affect your credit card issuer rights). You shall be responsible for paying all reasonable expenses (including attorney's fees) incurred by Xplenty in collecting late amounts. Xplenty reserve the right to take all steps necessary to collect amounts due from you, including but not limited to taking any legal action and/or using third party collection agencies. Without derogating from the aforesaid, Xplenty reserve the right to suspend, discontinue or terminate the provision of any Services to You for any late payments.

3. Registration to the Services; User Account

3.1. Registered Users

Certain Services require registration in order to be able to use certain functionalities. Xplenty reserves the right to decide which functionalities require registration or will require registration in the future.

3.2. Registered User's Information

The registration process may require You to provide information regarding, but not limited to, Your full name, e-mail address, phone number, as well as the name, number and other basic information of the Organization on behalf of which You are acting, and/or other information. Once You register as a registered User, You represent and warrant all registration information You submit is accurate and truthful and that You agree to update and maintain the accuracy of such information at all times. You further represent and warrant that Your use of the Services under the registered account shall not violate any applicable law or regulation. Xplenty reserves the right to suspend or terminate the account or refuse any or all use of the Services of a registered User if registration information submitted seems (in its sole discretion) or proves to be false, inaccurate or incomplete. The registration process also requires You to enter user name and password. Xplenty will, in accordance with its Privacy Policy, keep Your user name and password confidential, However, You are responsible for maintaining the confidentiality of Your user name and password and for logging out of Your account at the end of each session. You are solely responsible for any and all activities that occur under your account. If You become aware of any unauthorized use of Your user name and/or password and/or of Your account or any other breach of security, You will notify Xplenty immediately.

Registration of more than one account for the purpose of avoiding additional fees and/or any other unauthorized purpose is prohibited.

In the course of the registration process You will also be required to provide financial information such as Payment Method. This process as well as the clearing process shall be made through a secured website of a reputable third party service providers of Xplenty. Any such financial information shall be used only to bill You for the Services you purchased and/or used. Xplenty shall treat such information in accordance with its Privacy Policy.

4. Proprietary Rights

4.1. Xplenty's Proprietary Rights

Xplenty owns and retains the entire title, rights and/or interest in and to its technology, Website, Application and/or any of the Services (and/or or any part thereof) and any and all intellectual property rights related and associated therewith, including any improvements, specifications, work products, updates, upgrades, error-corrections or other modifications thereof. Xplenty's Website, Application and/or other Services contain technology, data, ideas, know-how, trademarks, trade secrets, inventions, copyrights and other proprietary information of Xplenty and its licensors. You are not granted with any rights in or to the Website, Application and/or any of the Services. You shall have no right in the intellectual property associated or related to the Website, the Application or any other part of the Services and nothing herein should be inferred as granting such rights to You.

Without derogating from the generality of the above, it is hereby clarified that all content, codes and/or other work products generated through, produced by or otherwise related to or associated with Xplenty's Website, Application and/or any of the Services, including without limitation, any scripts, codes, formulas, reports, notes, records, charts, analyses, lists and any other documents, material or work products (in any media whatsoever), shall be the sole property of Xplenty and You shall not have any right in connection therewith.

4.2. Third-Party's Software and Services

In order to provide You with the Services, Xplenty may utilize, include in the Services, install in your machine, distribute to You and/or otherwise make available to You certain third-party software, components, cookies and/or libraries that are subject to open source license and/or to other third-parties license terms ("Third Party Software"). Without derogating from the generality of the above, as You navigate in Xplenty' Website, certain Third Party Software required for the provision of the Services by Xplenty, may be automatically downloaded to Your machine.

You acknowledge and agree that Your right to use such Third-Party Software in connection with the Services is subject to and governed by the terms and conditions of the open source or third-party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or Third Party Software license, the terms of the applicable Third Party Software license shall prevail with regard to Your use of the relevant Third Party Software. Other than the applicable Third Party Software, in no event, shall the Website, Application and/or any of the Services be deemed to be "open source" or "publicly available" software.

5. Right of Use the Services; Unauthorized Uses

5.1. Limited License, Permitted Uses

You are hereby granted with a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Website, Application and/or any other Services provided to You by Xplenty strictly in accordance with these Terms, the Privacy Policy and/or any other agreement between you and Xplenty, and solely for internal, personal, non-commercial purposes.

This license does not include any right to perform collection, aggregation, copying, duplication, display or derivative use of the Website, Application and/or any other Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose. You are not allowed to use any software, scripts or automated agents and Bots in a manner intended to mine data from the Website, Application and/or any other Services and/or to generate multiple accounts.

You will not (and You will not allow any third party to) (i) copy, modify, adapt, translate or otherwise create derivative works of Xplenty's technology, Website, Application and any of the Services and/or the work products thereof; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Xplenty's technology, Website and/or Application and/or the work products of the Services; (iii) rent, lease, sell, assign or otherwise transfer rights in or to Xplenty's technology, Website, Application and/or any of the Services; (iv) remove any proprietary notices or labels on Xplenty's technology Website, Application and/or the work products thereof or placed by the Service; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of Xplenty's technology, Website, Application and/or any of the Services; (vi) access (or attempt to access) the administrative interface of the Services by any means other than through the interface that is specifically provided by Xplenty in connection with the Services, unless You have been explicitly allowed to do so in a separate written agreement with Xplenty; or (v) engage in any activity that interferes with or disrupts any of the Services (or the servers and networks which are connected to the Services).

You may not access the Website, Application and/or any other Services for the purpose of bringing an intellectual property infringement claim against Xplenty or for the purpose of creating a product or service which may be, directly or indirectly, competitive with the Website, Application and/or any other Services.

You will comply with all applicable laws and regulations in Your use of and access to Xplenty's Website, Application and/or any other Services.

5.2. Restrictions on Offensive or Illegal Use

Xplenty strictly prohibits the use of the Services or any of its functionalities for offensive, illegal or harming purposes. You agree not to use the Services to create, edit, post, upload, transmit or otherwise provide any content, information and/or data that is harmful, unlawful, obscene, libelous, racist, hateful, or criminal or that violates the privacy of others or any other illegal, offensive or inappropriate content. You agree to abide by all applicable local, state, national and international laws and regulations, including but not limited to, any laws regarding the export of data or software. You are and shall remain solely responsible for all acts or omissions that occur under Your account, including, without limitation, in connection with the content, information and/or data that you create, edit, post, upload, transmit or otherwise provide through the Services.

Without derogating from the above, in the course of Your use of the Services You are prohibited from performing any activity that Xplenty determines, in its sole discretion, to constitute network abuse.

Xplenty reserves the right to remove any content, information and/or data created, edited, posted, uploaded, transmitted or otherwise provided by You which deems to be in contrast with any of terms set forth herein, in Xplenty's sole discretion, and/or to take action against User who uses the Website, Application and/or any of the Services (or any of its functionalities) for offensive, illegal or harming purposes or otherwise not in full compliance with this Terms, including, but not limited to, suspending any or all use of the Services, in any way or manner, or terminating the User's account.

6. Content

6.1. Source and Accuracy of Content

All data, information and/or content that You create, edit, post, upload, transmit or otherwise provide to Xplenty through the Website, Application and any of the Services (including data, information and/or content imported and/or transferred from You by Xplenty as set forth in Section 6.3 below), either in the form of source code, text, image, video, link or other, posted on, transmitted through, or linked from the Services (Collectively referred as "Content"), are at Your sole responsibility. Xplenty does not control, and is not responsible for the Content You made available through the Services. Xplenty makes no representation or warranty as to the Content, including with respect to the accuracy, completeness or authenticity thereof. You acknowledge that Xplenty does not pre-screen, monitor, endorse or approve the Content. You must evaluate, and bear all risks associated with the use and/or distribution and/or the provision to Xplenty of any such Content. Without derogating from the above, Xplenty may (but not obligated to) review and remove any Content that, in its sole discretion, is illegal or inappropriate, or otherwise violates these Terms.

You agree and undertake that any and all Content shall be in full compliance with any applicable law or regulation and shall not violate any agreement or rights of third parties.

Under no circumstances will Xplenty be liable in any way for any Content or for any loss or damage of any kind incurred to You as a result of the use and/or distribution and/or the provision to Xplenty of any Content while using the Services.

6.2. User's Rights in the Content

You hereby declare towards Xplenty that You have legally acquired and/or owns all right, title and interest, including without limitation all patents, copyrights, trade secrets, trademarks, licenses and other intellectual property and proprietary rights in and to all copies of the Content and that You have the right to use, distribute and provide Xplenty with such Content and any part thereof.

6.3 Grant of License to User’s Content

By using the Website, Application and any of the Services, You give your consent to Xplenty, and grant Xplenty with a worldwide, royalty-free, and non-exclusive license, to scan any information data and/or Content stored in your server/s, to collect, transfer to and store such Content in Xplenty's servers and/or to third party's external servers or to cloud services used by Xplenty, and to use of such Content in order to provide You with the Services. You confirm and warrant that you have all the rights, power and authority to grant the above license.

7. Reserved.

8. Disclaimer of Warranties; Limitation of Liability

8.1. General Disclaimer

YOU EXPRESSLY AGREE THAT ANY USE OF THE WEBSITE, THE APPLICATION AND/OR ANY PART OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE, THE APPLICATION AND ANY OF THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, AS WELL AS ANY WARRANTIES REGARDING SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE, THE APPLICATION AND THE SERVICES, ARE ALL EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. XPLENTY ALSO DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE, THE APPLICATION AND/OR THE ANY OF SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, XPLENTY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICES.

XPLENTY DOES NOT WARRANT THAT WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR FREE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XPLENTY MAKES NO WARRANTIES, REPRESENTATIONS OR OTHER AFFIRMATION REGARDING SUITABILITY OF THE WEBSITE, APPLICATION AND/OR ANY OF THE SERVICES FOR USE WITH THIRD PARTY PRODUCTS, OR REGARDING THE PERFORMANCE THEREOF. IN ADDITION, XPLENTY DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.

8.2. Disclaimer regarding Information Accuracy

XPLENTY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY OR OPERABILITY OF INFORMATION, DATA OR CONTENT CREATED, EDITED, POSTED, UPLOADED, TRANSMITTED OR OTHERWISE PROVIDED BY YOU IN THE COURSE YOUR USE OF THE WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICES (AND/OR PORTION OF IT). XPLENTY DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO TRANSFER, STORE, CREATING BACK-UPS, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR CONTENT OR MATERIAL. XPLENTY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT OR MATERIAL THROUGH THE SERVICES (INCLUDING WITHOUT LIMITATION THE PACKAGES).

8.3. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL XPLENTY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISE FROM USE OR MISUSE OR RELIANCE OR INABILITY TO USE THE WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICES OR ARISE OF ANY ERROR OR BUG THEREIN, AND/OR DAMAGES ARISE FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICES - WITH RESPECT TO ALL - WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, TORT OR OTHERWISE, AND WHETHER XPLENTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICES OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF RELIANCE ON OR USE OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE, THE APPLICATION AND/OR ANY OF THE SERVICES OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

IN ADDITION, XPLENTY WILL NOT BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET FAILURE, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURE, OTHER EQUIPMENT FAILURE, ELECTRICAL POWER FAILURES, HOSTING SERVICES FAILURE, OTHER THIRD PARTIES' PRODUCTS OR SERVICES FAILURE, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT OR AIR CONDITIONING.

8.4. Disclaimer of Advertisement or Sponsored Content

The Services may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted on the Services is accurate and complies with applicable laws. XPLENTY IS NOT RESPONSIBLE FOR THE ILLEGALITY OR ANY ERROR, INACCURACY OR PROBLEM IN THE ADVERTISER'S OR SPONSOR'S MATERIALS. XPLENTY DOES NOT ENDORSE OR PROMOTE OR REPRESENT ANY OF THE PRODUCTS OR SERVICES OFFERED AND WILL NOT BE LIABLE FOR THESE PRODUCTS OR SERVICES. THE PLACEMENT OF THE ADVERTISEMENT OR SPONSORED CONTENT, THE SELECTION OF THE ADVERTISEMENT OR SPONSORED CONTENT AND THE TAGGING OF SUCH ADVERTISEMENT OR SPONSORED CONTENT, MAY BE DONE IN AN AUTOMATED MANNER AND IN NO CASE XPLENTY WILL BE RESPONSIBLE OR LIABLE FOR THE SELECTION, PLACEMENT OR TAGGING OF AN ADVERTISEMENT OR SPONSORED CONTENT.

8.5. Disclaimer of Third Parties Services and Resources

Xplenty uses third party IT infrastructure services in order to provide the Services. Without derogating from any of the aforesaid, You acknowledge and agree that Xplenty is not and shall not be responsible for the availability of any such external third party services or resources, and shall not be liable for any loss or damage which may be incurred by You or Your End Users as a result of the lack of availability of those external third party services or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any products available from such third party services or resources.

8.6. Indemnification

You agree to indemnify and hold harmless Xplenty and its subsidiaries, its affiliates, officers, directors and employees, from and against any and all liability, losses, claims, damages and expenses, including but not limited to reasonable attorney's fees and costs of litigation, related to Your breach of these Terms, or to any Content You create, edit, post, upload, transmit or otherwise provide to Xplenty through the Website, Application and any of the Services, or to Your use of the Website, Application and/or any of the Services not in accordance with these Terms, the Privacy Policy and/or any applicable law or to Your violation of any rights of a third party.

9. Privacy

You acknowledge that Xplenty collects aggregated usage information with respect to the Users of the Services. You hereby consent to Xplenty’s collection and use of such information, and agree that such collection and use of this information will be governed by Xplenty’s privacy policy, as posted on the Website and as revised from time to time (the "Privacy Policy") which terms are incorporated into, and considered part of, these Terms and must be accepted by You prior to Your use of the Services.

10. Termination

These Terms are and shall remain in full force and effect as long as You make any usage of the Services. You may stop using the Services at any time and in Your sole discretion, with no need for justification and with no extra-charge, by contacting Xplenty and requesting to disable/delete Your account.

Xplenty reserves the right to terminate, without prior notice, any User account or to suspend any or all of the Services, with or without the User's consent, for violating these Terms. If Your account is terminated, Your rights to use the Services will cease immediately. Termination is without prejudice to all other remedies available to Xplenty by law or under these Terms.

11. Miscellaneous

11.1 Feedback

Xplenty may, from time to time, ask You to provide information regarding Your experience while using the Services, for the purpose of measuring and improving the quality of the services and the experience of its users. These feedbacks are very important to Xplenty, and Xplenty will appreciate any such feedback. Any and all information that you voluntarily choose to provide Xplenty as feedback shall be used solely for the purpose of reviewing the feedback and improving Xplenty's services.

All ideas, inventions and/or improvements (whether patentable or not) conceived or derived or result, directly or indirectly, from any feedback (written or oral) that you provide to Xplenty, shall be owned exclusively by Xplenty, and You shall not have any right in connection therewith. You hereby irrevocably assign to Xplenty any rights that you may have or acquire in such ideas, inventions and/or improvements and You irrevocably waives any right You have or may have in the future to receive any payment, royalty or other consideration (of any kind) with respect to such ideas, inventions and/or improvements, including according to Section 134 of the Patents Law, 5727-1967 if applicable.

11.2. Use of User's Trademarks

You agree that Xplenty, in its sole discretion, may use Your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and web site listings (including links to Your website) for promotional and publicity purposes, subject to your prior approval.

11.3. Governing Law and Jurisdiction

Other than explicitly provided herein, this Terms shall be treated as though it was executed and performed in the State of Israel and shall be governed by and construed in accordance with the laws of the State of Israel (without regard to conflict of law principles).

Any claim that the User may have in connection with these Terms must first, and before taking any other legal action, be submitted to Xplenty in the form of a complaint (to:team@xplenty.com), to enable the parties to resolve the claim in a friendly and effective manner. If the parties fail to resolve the claim in this manner in a reasonable timetable, or if any other claim or dispute in connection with these Terms arises, it shall be resolved in a cost effective manner, through binding non-appearance-based arbitration. The arbitration judgment may be entered and forced in any court of competent jurisdiction. Notwithstanding the foregoing, Xplenty may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

11.4. Entire Agreement

These Terms, the Privacy Policy and, if applicable, the Separate Agreement, constitutes the entire legal agreement between You and Xplenty and govern Your use of the Services and replace any prior agreement of understanding between You and Xplenty in relation to the Services. Any waiver of any provision of the Terms will be effective only if in writing and signed by the waiving party.

11.5. Assignment

You may not assign any of Your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of Xplenty (that shall not be unreasonably withheld). Xplenty may assign, at its sole discretion, these Terms or any of its rights and/or obligations under these Terms, to any third party, without giving prior notice and without Your consent. In any event of assignment as aforesaid, all the provisions of These Terms shall apply to the assigned party, mutatis mutandis.

Copyright & Trademark Notice

Copyright © Xplenty Ltd. 2014. All Rights Reserved. The trademarks, logos and service marks displayed on the Services are Xplenty's property or the property of other third parties. You are not permitted to use these trademarks, logos and service marks without prior written consent from Xplenty or such third party.  

 

 

 

Xplenty's Privacy Policy

Privacy Statement

Xplenty Ltd. ("Xplenty") has a strong commitment to protect the privacy and the information of the visitors of its Website (as defined below) and its users of the services. Your privacy is very important to Xplenty, and therefore, Xplenty is committed to respect Your privacy and the confidentiality of Your information.

This privacy policy statement ("Privacy Policy") aims to ensure the protection of Your privacy, and also to assist You in understanding how Xplenty treat Your information while using the services offered by Xplenty. Such services include a website – www.xplenty.com ("Website"), a "software as service" (SaaS) application, made available through the Website ("Application"), widgets and other features or content and/or any support, maintenance and other professional services, as now offered and/or may be offered in the future by Xplenty, in connection with the Website or the Application (collectively referred as "Services").

Acceptance of Policy

Please read this Privacy Policy carefully before using any of Services. Please be aware that by using any of the Services, You accept this Privacy Policy and agree to be bound thereby. If You do not agree to any of the provisions in this Privacy Policy, please do not use any of the Services.

If You intend to use any of the Services, this Privacy Policy should be read together with the Xplenty Terms of Services ("Terms of Services"), and together they constitute the entire agreement between You and Xplenty. By accessing and using the Services, whether as a Visitor or as a User (as such terms are defined under the Terms of Services) ("Visitor" and "User" collectively referred herein as "You"), You agree to be bound by the terms of this Privacy Policy and the Terms of Services. If You are acting on behalf of an organization and/or a company and/or any registered or unregistered entity (together, "Organization"), You represent that you are authorized to act on behalf of such Organization and that Your acceptance of this Privacy Policy creates a legally enforceable obligation of the Organization. As used herein, "You" and "Your" refer to you and any Organization on behalf of which You are acting.

Scope of Privacy Statement

This Privacy Policy describes how Xplenty collects and treats Your information while You are using the Services. Please note that this Privacy Policy does not apply to any use and/or collection of information by third parties or linked sites, which Xplenty  does not control, own or manage, as further described in the "Disclaimer Regarding third parties or Linked Sites" paragraph below.

For the purposes of this Privacy Policy, "Personally Identifying Information" shall mean information which is identifiable to You, including inter alia, name, e-mail, address, phone number, financial information such as Payment Method etc., whether provided by You during Your use of the Services and/or in the course of the registration process to the Services, per Your request and upon Your explicit consent. "Non Personal Usage Information" shall mean information regarding the use of the Services which does not enable identification of an individual user.

Changes of the Privacy Policy

Xplenty reserves the right to change, add to, delete portion of or otherwise modify this Privacy Policy and/or the Terms of Services, from time to time, at its sole discretion. Posting the modified Privacy Policy and/or Terms of Services on the Website will give effect to its revised terms within 10 days as of such posting, unless earlier accepted by You. Thereafter any continuing use of the Services by You will constitute Your expressed agreement to abide by the revised terms.

Non-Personal Usage Information Gathered Using the Services

The primary purpose of Xplenty in collecting information is to provide You with a safe, efficient and customized experience. Accordingly, Xplenty may collect Non Personal Usage Information of its users in order to ensure the quality of the Services and enrich the offerings of Services available to the users, and also to continuously improve the performance of the Services as described below.

Xplenty may collect, including by using third parties' web analytics services, aggregated Non Personal Usage Information about the time, type and manner of use of the Services. This Information may include inter alia information regarding the IP Address and Geo-IP parameters, non-personal usage statistics (e.g. time of usages, number of clicks on each link etc.), crash reports, information regarding Your browsing history and web activities and other information regarding the use of the Services. Xplenty may use such information to understand how its users use the Services, to analyze retention, to ensure that the Services are up to date, to provide automatic updates of new versions of its Services, to improve the Services and enhance the experience of Xplenty's Users and Visitors.

Personally Identifying Information Gathered Using the Services

XPLENTY WILL NOT COLLECT ANY PERSONALLY IDENTIFYING INFORMATION, ACCEPT WHEN SUCH INFORMATION IS VOLUNTARY PROVIDED BY YOU DURING YOUR USE OF THE SERVICES (WHETHER IN THE COURSE OF REGISTRATION PROCESS OR OTHERWISE), PER YOUR REQUEST AND UPON YOUR EXPLICIT CONSENT.

In the process of registration to the Services, You shall be required to provide certain Personally Identifying Information, including, but not limited to, first and last name, e-mail address, phone number, , as well as the name, number and other basic information of the Organization on behalf of which You are acting and/or other Identifying Information as Xplenty deems advisable. In the course of the registration process You will also be required to provide financial information such as credit card or other payment method accepted by Xplenty. It is Your choice whether to provide any of the aforesaid Personally Identifying Information. However, please be aware that if You choose not to do so, You may not be able to complete the registration process and/or to use the Services.

Within the process of registration to the Services as aforesaid, You shall be required to opt-in the option to sign up for Xplenty mailing list for receiving updates, newsletters or news and notices regarding the Services. If You are not willing to receive such updates, newsletters or news and notices regarding the Services, do not opt-in the option to sign up for Xplenty mailing list. However, please be aware that if You choose not to do so, You may not be able to complete the registration process and/or to use the Services. If you opt-in such option to sign up for Xplenty mailing list, You may easily remove Yourself from such mailing list by following the instructions provided in the emails received from Xplenty.

Cookies and Clear Gifts Policy

As mentioned above, while providing the Services Xplenty may gather information concerning Your use of the Services, by using various types of cookies and clear gifts. Cookies, which are small text files, stored on Your computer, in order to improve the performance of the Services and collect data which enhance the functionality and offering of the Services. Clear gifts are tiny graphics with a unique identifier (but not retain any Personally Identifiable Information), which are used to count Your visits/clicks to web pages while using the Services. Third parties' web analytics services, if used by Xplenty as aforesaid, may also use such cookies and clear gifts in order to learn the usage patterns of Xplenty ' users. It is Your choice whether to accept or reject cookies/clear gifts and You can set Your browser to reject cookies/clear gifts or to delete these cookies/clear gifts. However, if You choose to reject cookies/clear gifts or delete them, it may limit some of the functionalities available or affect Your experience with the Services (partially or completely).

Use of Gathered Information

Xplenty will provide the Services in full compliance with any applicable law. Xplenty may use certain trusted third party companies and/or individuals to help Xplenty to provide, analyze, and improve the Services (including but not limited to, data storage, maintenance services, database management, web analytics, and improvement of the Services’ features). These third parties may have access to Your information only for purposes of performing these tasks on Xplenty ' behalf and under obligations similar to those in this Privacy Policy.

You acknowledge and agree that any financial information that You provide to Xplenty such as credit card or other payment method accepted by Xplenty, may be shared by Xplenty with Xplenty's trusted affiliates and/or payment processors and/or credit agencies, solely for the purposes of checking and/or verifying such payment method, effecting payment to Xplenty and servicing Your account. Xplenty shall not be liable for any use or disclosure of such information by such third parties.

Except as described herein, Xplenty will not sell, rent or otherwise provide any gathered information to any third party. Notwithstanding, Xplenty reserves the right to disclose any gathered information as required by any applicable law and when Xplenty believes that such disclosure is necessary to protect its rights, the integrity of the Services, Xplenty's systems and technology, and/or to comply with a judicial proceeding, court order, or legal process served in connection with the Services.

Any information gathered by Xplenty is stored by Xplenty, whether in its internal servers and/or by using third party's external servers or cloud services, and is secured by Xplenty as further described in the "Information Security" paragraph below. 

Information Security

Xplenty is committed to protect the security of its users’ information and takes reasonable measures available to assure information security. However, no method of internet transmission or electronic storage is 100% secure and Xplenty cannot guarantee its absolute security. By using the Services, You expressly agree that Xplenty will not be liable for any third party action, misuse, abuse or infringement of data and information security.

Disclaimer Regarding third parties' Software and Services or Linked Sites

While using the Services, You may be linked from or to third parties sites. Xplenty is not responsible for any information, content, terms of use and/or privacy policies at these sites. Xplenty takes a careful notice in choosing its business partners and affiliates and aims to associate only with reliable partners which are committed to users' privacy. However, remember that when You use a link to go from Xplenty's Website and/or Application to another website, this Privacy Policy shall no longer in effect. By Your browsing and interacting on any other websites, including websites which have a link on Xplenty's Website and/or Application and/or Services, You are subject to that websites' own rules and policies. Please read over those rules and policies before proceeding.

Without derogating from the forgoing, In order to provide You with the Services, Xplenty may utilize, include in the Services, install in your machine, distribute to You and/or otherwise make available to You certain third-party software, components, cookies and/or libraries that are subject to open source license and/or to other third-parties license terms ("Third Party Software"). Without derogating from the generality of the above, as You navigate in Xplenty' Website, certain Third Party Software required for the provision of the Services by Xplenty, may be automatically downloaded to Your machine. IT IS HEREBY CLARIFIED THAT THIS PRIVACY POLICY SHALL NOT APPLY WITH RESPECT TO ANY THIRD PARTY SOFTWARE AND APPLICABLY, BY USING THE SERVICES YOU ACKNOWLEDGE THAT ANY INFORMATION GATHERED, AGGREGATED AND/OR USED BY SUCH THIRD PARTY VIA THE THIRD PARTY SOFTWARE IS SUBJECT SUCH THIRD PARTY'S RULES AND/OR POLICIES. XPLENTY  IS NOT AND SHALL NOT BE HELD RESPONSIBLE WITH RESPECT TO ANY INFORMATION GATHERED AND/OR AGGREGATED AND/OR USED AND/OR MISUSED BY SUCH THIRD PARTY VIA THE THIRD PARTY SOFTWARE AND/OR WITH RESPECT TO ANY NEGLIGENCE AND/OR WILFUL ACT AND/OR DEFAULT ON BEHALF OF SUCH THIRD PARTY.

Feedback

Xplenty may, from time to time, ask You to provide information regarding Your experience while using the Services, for the purpose of measuring and improving the quality of the Services and the user's experience. This feedback is very important to us, but You are not obligated to provide any information. However, any and all information that You voluntarily choose to provide us in feedback forms, and any survey that You may participate in, shall be used solely and anonymously for the purpose of reviewing the feedback and improving our Services.    

Assignment

Xplenty is allowed, at its sole discretion, to assign this Privacy Policy or any of its rights and/or obligations hereunder, to any third party, without giving prior notice and without Your consent. In any event of assignment as aforesaid, all the provisions of this Privacy Policy shall apply, mutatis mutandis.

For any additional information regarding this Privacy Policy, please contact: privacy@xplenty.com.