Terms of Service
1. IMPORTANT – READ CAREFULLY:
1.1. These Terms of service ("Terms") constitute a legal agreement between you and the website www.Sensecy.com and its suppliers and licensors (“Sensecy”). Sensecy provides online Cyber Intelligence services (“Services”). Any new features provided by Sensecy that augment or enhance the current Services also constitute "Services" and will be subject to this Terms.
1.2. By using the Services you expressly agree to be bound by these Terms and future amendments and additions as published from time to time at http://www.sensecy.com/terms-service. You are responsible for reviewing and becoming familiar with any such amendments and additions.
1.3. Beta disclaimer. Please note that the Services are still in beta stage, and may therefore contain bugs and defects. You are advised to safeguard important data and content, to use caution and not to rely in any way on the correct functioning and/or performance, and/or availability of the Services.
2. CONFIRMATION OF YOUR RIGHT TO USE THE SERVICES
2.1. You expressly confirm that you are legally entitled and of legal age to enter this Agreement, that you have read and understand fully its Terms, and that you have confirmed that your use of these Services is permitted under the laws of your country. Sensecy will not be responsible if the use of the Services does not comply with the laws of your country.
2.2. You also represent and warrant that any information you provide to us in connection with your use of the Services is accurate, correct and up to date.
3. GRANT OF RIGHTS AND USE OF THE SERVICES
3.1. Subject to these Terms, you are may use the Services, for your own internal use. This right is nonexclusive and non-transferrable.
3.2. As between us and you, Sensecy retains all right, title and interest, including all related intellectual property rights, in and to the Services (and any materials and information generated by the Services), including, without limitation, any and all trademarks, trade names, copyrights, patents and other intellectual property or proprietary rights therein.
3.3. All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them. All third party materials may be subject to copyright of such third parties.
3.4. As a condition of use, you agree not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Sensecy. By way of example, and without limitation, you agree not to use the Services and any materials and information generated through the Services:
3.4.1. To any unlawful, invasive, infringing, defamatory or fraudulent purpose;
3.4.2. To send unsolicited bulk commercial email ("Spam") of any kind, regardless of the content or nature of such messages;
3.4.3. Attempt to impersonate another user or person;
3.4.4. Intentionally to send any harmful code or attachment with the Services; To interfere, alter, tamper with or circumvent the use or any other aspect of the Services by other users or third parties;
3.4.5. To use the Services in a way that has a detrimental effect upon Sensecy, its customers, its users or the Services, as determined by Sensecy at its sole discretion;
3.4.6. To use or attempt to use the Services in breach of this Terms;
3.4.7. To transmit harassing, obscene, racist, malicious, abusive, libellous, illegal or deceptive messages or files;
3.4.8. To interfere with the use of the Services by other users;
3.4.9. To alter, tamper with or circumvent any aspect of the Services;
3.4.10. To test or reverse engineer any of the Services in order to find limitations or vulnerabilities.
3.5. You acknowledge and agree that you are responsible for your use of the Services.
4. RELIANCE ON THE SERVICES
4.1. You acknowledge that the Service is a tool for assisting you and not a substitute for skill, judgment and experience in giving advice to third parties and in making any decisions. You accept all responsibility for the selection of the Services to meet your requirements.
5.1. You agree to defend, indemnify and hold Sensecy and anyone on its behalf, including but not limited to, all of its owners, managers, officers and employees, harmless against any losses, expenses, costs, claims, damages (including attorney’s fees and court costs) arising out of any use of the Services by you or violation of the Terms by you.
6. DISCLAIMER OF WARRANTIES AND LIABILITY
6.1. The Services and all information provided by Sensecy are provided “as is”. Use of the Services and any materials and information received through it are entirely at your own risk. Neither Sensecy, its affiliates, nor any of their respective employees, agents, third party content suppliers or licensors warrant the accuracy, completeness, currentness, relevance, non-infringement, merchantability or fitness for a particular purpose of the content available through the Services. Sensecy shall not be liable to you or anyone else for any loss or injury caused in whole or part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the services and any content through its website. In no event will Sensecy be liable to you or anyone else for any decision made or action taken by you in reliance on such content on the Services. Sensecy shall not be liable to you or anyone else for any damages even if advised of the possibility of such damages.
7. LIMITATION OF LIABILITY
7.1. Under no circumstances whatsoever will Sensecy, even if advised of the possibility of such damages, be responsible or liable to you or to any other entity for any direct, compensatory, indirect, incidental, consequential, special, exemplary, or punitive damages that result from or relate in any manner whatsoever to your use of the Services, or reliance on any of the Services or to any errors, inaccuracies, omissions, defects, security breaches, lost profits or revenues, lost goodwill, loss of or damage to data, or any other failure to perform by Sensecy.
Without derogating from the generality of the foregoing, Sensecy shall have no liability whatsoever to you or any other party for the accuracy, security, timeliness, relevance completeness or continued availability of the services or any part thereof. The foregoing disclaimer shall apply in circumstances including, but not limited to, your inability to use any or all of the Services. You agree that you are solely responsible for adequate protection and backup of the data and devices used in connection with any of the Services. The limitations in this section are comprehensive and the examples given are not exhaustive. The limitations in this section are separate and independent of any other limitations in this agreement and shall not fail if such other limitation or remedy fails.
8. LINKS TO OTHER WEB SITES
8.1. Sensecy may provide hyperlinks to other Web sites maintained by third parties or may provide third party content on its Web site by framing or other methods. The fact that Sensecy provides a link to a third party Web site does not mean that we endorse, authorize or sponsor that Web site. The links to third party web sites are provided for your convenience and information only. The content in any linked web site is not under Sensecy's control and Sensecy is not responsible for the content of linked web sites, including any further links contained in a third party web site. If you decide to access any of the third party web sites linked to this web site, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party Web site to which they link is free of computer viruses and other items of a destructive nature.
9.1. By paying, you agree that the quality of the Services satisfies you. Current information on the cost of the Services is provided in the Pricing section of the website.
9.2. If you are not completely satisfied with the quality of our products, simply contact our Customer Care department at SenseCy within fifteen (15) days of your registration to Sensecy, and Sensecy will refund your money. Credit for any items that you returned will be applied to your account.
9.3. Sensecy outsources all online payment processing to PayPal/Bluesnap. Sensecy does not have access to credit card numbers and all other payment information submitted to PayPal/Bluesnap as a result of the online payment process. You agree to provide PayPal with a valid credit card and accurate, complete and updated information required by the subscription registration form.
Failure to comply may result in the immediate termination of Services.
9.4. If you believe someone has accessed the Services using your username and password without your authorization, you must inform Sensecy via an e-mail to technical support at firstname.lastname@example.org. You must contact Sensecy via the technical support e-mail at email@example.com about any billing problems or discrepancies when they first appear on your account statement. If you do not bring them to Sensecy’s attention when they first appear on your account statement, you agree that you waive your right to dispute such problems or discrepancies.
10.1. You acknowledge and agree that Sensecy has the right, at any time and for any reason, at its sole discretion with or without notice to you: (i) to terminate and/or shut down (temporarily or permanently) parts or all of the Services. Upon termination of the Services, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination;
10.2. All payments are final and non-refundable. If Sensecy terminates and/or shut down (temporarily or permanently) parts or all of the Services, you will not receive any refund or partial refund for any charges already billed to your account.
11.1. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. Sensecy, however, may assign these Terms without your notice or consent. 12. GOVERNING LAW 12.1. This Agreement, your rights and obligations, and all actions contemplated by this agreement are governed by the laws of the State of Israel without regard to its conflict of law provisions. Any dispute or claim arising out of or in connection with the Terms will be submitted to the exclusive jurisdiction of the competent courts in State of Israel.
13.1. No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Sensecy in any respect whatsoever.
13.2. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Sensecy shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Sensecy's reasonable control. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
14.1. Sensecy gathers certain information about you based on your use of the Services in several ways. This information is compiled and analysed on both a personal and an aggregated basis. This information may include your first name, last name, user name, address, password and organization name, information about the computer you use to connect to the Service, and your IP address.
14.3. If you agree to receive news and updates from Sensecy, Sensecy will use your email address or other contact details to send you important notifications pertaining to the use of the Services.
14.5. You should be able to control how and whether cookies will be accepted by your web browser. If you reject Sensecy cookies, many functions and conveniences of Sensecy may not work properly.