Last updated: Feb 2nd , 2020
Effective Date: Feb 2nd, 2020
1.1. Soomla Inc., a Delaware corporation, (“us“, “we” or “Soomla“) has developed a proprietary market intelligence platform (the “Platform”) in order to allow you to analyze market trends in the mobile apps market
The Platform is a cloud hosted software application that provides market intelligence and insights about advertisers in third parties' mobile apps (such as, enabling you to view third party video adds shown by third party advertisers). The Platform includes a user interface through which you can make different queries and get lists of advertisers for a specific search criteria as well as performance metrics for each advertiser. THE INSIGHTS MAY INCLUDE THIRD PARTY CONTENT (SUCH AS ADVERTISEMENTS). SUCH THIRD PARTY CONTENT IS NOT VERIFIED BY US, DOES NOT BIND US IN ANY FORM AND WE CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF SUCH THIRD PARTY CONTENT. AS SUCH WE WILL NOT BE LIABLE IN ANY WAY FOR ANY THIRD PARTY CONTENT. ALL SUCH THIRD PARTY CONTENT IS PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTIES.Please Note:
The use of the Platform will be free of charge for a period of seven (7) days (the "Free Trial Period"). Upon termination of the Free Trial Period, and unless otherwise agreed in writing between you and Soomla, in the event you wish to keep using the Service also for applicable subscription periods (the "Subscription Periods") use of the Services is subject to the fees specified in our pricing page. In addition, you hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Platform, according with the applicable rates charged by your respective third party internet and data usage service provider as may be from time to time.
1.3. Subject to these Terms of Service, Soomla grants you (i) a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Services during the Free Trial Period for evaluation purposes only; and (ii) a personal, limited, non-exclusive, non-transferable, non-sub licensable and revocable license to use the Services for internal commercial purposes. In the event that you determine not to extend the term of the provision of the Services beyond the Free Trial Period then your rights under this Terms of Service shall terminate. You may not use the Services except as expressly set forth in these Terms of Service.
1.4. The Services are intended for use by persons and entities that are of legal capacity to create a binding legal agreement and who are not barred from receiving services under the laws of their jurisdiction (“Legal Capacity“). Accordingly, if you are not of Legal Capacity, you are not allowed to use the Services.
1.5. WE RESERVE THE RIGHT TO CHANGE OR DISCONTINUE ANY OF THE SERVICES AT ANY TIME AND AT OUR SOLE DISCRETION, WITHOUT NOTICE, FOR ANY REASON OR FOR NO REASON. We may need to update these Terms of Service from time to time. Unless otherwise required by law, or in case of any material change, we will make reasonable efforts to send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was sent via e-mail. Otherwise, all other changes to these Terms of Service are effective as of the stated “Last Revised” date and your continued use of the Services on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms of Service should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice. If you do not agree to our updated Terms, please refrain from using our Services (for example, you can delete your account at any time).
1.6. We reserve our right to refuse provision of any of the Services, to anyone, for any reason or for no reason.
1.8. All communications between you and us shall be by electronic means. You hereby agree to receive communications from us in an electronic form.
1.9. We may collect, disclose, publish and use in any other manner anonymous information which derives from your use of the Services (i.e., non-identifiable information, aggregated and analytics information) ("Analytics Information")), in order to provide and improve our products and services and for any legitimate business purpose. Soomla is and shall remain the sole owner of the Analytics Information.
2.2. We strongly recommend having a complex password to access your Account, which should be kept secured at all times. You are also encouraged to change your password regularly. Do not share your passwords with others.
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT.If we in good faith believe you have created an Account impersonating another person you may be exposed to civil and/or criminal liability.
When using the Services, you are required to follow the following rules and guidelines:
3.1 . You agree to be held solely responsible and solely liable for anything that occurs in your Account and any activity in your Account, including without limitation, for any content being uploaded in your Account, if applicable.
3.2. You may not crawl, scrape, or otherwise cache any content from the Services, without our prior written consent. You may not reverse engineer or decompile any software that is included in the Services or attempt to discover its underlying source code.
3.3. In using the Services you agree not to violate any applicable laws in your jurisdiction (including but not limited to any intellectual property laws) and not to use the Services for any illegal, immoral and/or unauthorized purposes.
3.4. To facilitate our compliance with any record keeping obligations we may have in connection with your information, where requested and as applicable to you, you agree to provide such information to us via the user interface of the Services or via such other means as we may provide, and will use such user interface or other means to ensure that all information provided is kept accurate and up-to-date.
4.1 You acknowledge and agree that Soomla retains sole, full and exclusive ownership of all intellectual property rights of any kind related to the Services, including copyrights, trademarks and other proprietary rights (“Intellectual Property Rights”). Other than the rights expressly granted hereunder, no license is granted hereunder to any Intellectual Property Rights. “Soomla” and “Soom.la” and other of our trademarks may not be used for any purpose without our prior written approval.
4.2. The Services are licensed and not sold. We reserve all rights not expressly granted to you in these Terms of Services. Soomla and its licensors own the copyright and other worldwide intellectual property rights in the Services and all derivatives and copies thereof. No right, title or interests to the Services or any of Soomla’s Intellectual Property Rights (as defined below) are granted except as expressly set forth herein.
4.3 COPYRIGHT POLICY
We respect the intellectual property rights of others and expect you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your proprietary Content has been copied on the Services in a way that constitutes copyright infringement, please provide us in writing with the following information:
We reserve the right to remove IP Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services may be contacted as set forth below:
Designated Agent for Notification of Claimed Copyright Infringement
Attn: Copyright Agent
260 MADISON AVE, SUITE 204
NEW YORK, NY 10016 United States
5.1. You hereby represent and warrant that:
5.1.1. You are at least 16 years old and have the right, power, and Legal Capacity to enter into and perform these Terms of Service, and bind any legal entity which you represent or act for;
5.1.3. Your use of the Services will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations and including any applicable data protection laws, if applicable as well as with these Terms of Service;
6.1. THE SERVICES, AND ALL INSIGHTS GENERATED THEREFROM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, THE INSIGHTS GENERATED THEREFROM AND THE ACCURACY OF THE INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF THE SERVICES INCLUDING WITHOUT LIMITATION TO THE SERVICES BEING FREE FROM DEFECT OR ANY VIRUS, WORM, TROJAN HORSE OR ANY OTHER POTENTIALLY MALICIOUS CODE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES (INCLUDING WITH RESPECT TO ANY INSIGHTS RESULTED THEREFROM), TO THE EXTENT PROVIDED, REMAINS WITH YOU. YOUR SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM. SOOMLA DOES NOT WARRANT THAT THE SERVICES WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION. FOR THE AVOIDANCE OF DOUBT, IT IS MADE EXPLICITLY CLEAR THAT SOOMLA HAS NO RESPONSIBILITY FOR AND SHALL BEAR NO LIABILITY REGARDING TO THE SERVICES AND THEIR USE.
6.2. Without derogating from the above, you hereby acknowledge and agree that in provision of the Services, we may rely from time to time on services provided by third parties, including, but not limited to, data network providers, hosting services providers, clearing services providers, etc. Any transaction may be temporarily refused, limited, interrupted, or curtailed due to government regulations or orders, network modifications, repairs, and upgrades or banking, financial institution or other similar bodies. WE ARE NOT, AND SHALL NOT BE, OBLIGED TO PROVIDE THE SERVICES WHERE SUCH FACTORS PREVENT IT. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR BUSINESS INTERRUPTIONS SUSTAINED AS A RESULT OF INTERRUPTIONS CAUSED BY DATA NETWORK PROVIDERS OR ANY OTHER THIRD-PARTY PROVIDER.
6.3. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, WHETHER DIRECT, INDIRECT OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, AND INCLUDING FURTHER, DAMAGES WHICH MAY ARISE IN CONNECTION WITH THE USE OF THE SERVICES AND/OR THESE TERMS OF SERVICE, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA, EMPLOYMENT OPPORTUNITIES, FROM BUSINESS INTERRUPTIONS, OR FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY TRANSACTION OR ENGAGEMENT BETWEEN YOU AND ANY THIRD PARTY OR FOR ANY INFORMATION PROVIDED BY YOU OR ANY THIRD PARTY. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION.
6.4 YOU HEREBY EXPRESSLY AGREE THAT WE SHALL HAVE THE RIGHT, AT ANY TIME AND AT OUR SOLE DISCRETION, TO TAKE ANY ACTION TO MONITOR ANY INTERACTION OR ENGAGEMENT RESULTING FROM THE USE THE SERVICES BY YOU AND ANY THIRD PARTY. TO THE FULL EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US FROM ANY CLAIMS OR LIABILITY RELATING IN ANY WAY THERETO.
6.5 THE PROVISIONS OF THIS SECTION 6 SHALL APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.6 YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE IS TO DISCONTINUE USING THE SERVICES. IN THE EVENT THAT A COURT HAVING JURISDICTION SHALL DETERMINE THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE WILL NOT EXCEED THE CONSIDERATION THAT WE ACTUALLY RECEIVED FOR YOUR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS' PERIOD PRECEDING SUCH CLAIM.
7.1 As a general user of Soomla's Platform, the Terms of Service apply to you as long as you use the Services offered therein.
7.2 Unless otherwise agreed in writing, the initial term of the
Subscription Period will be one (1) month following the end of the Free Trial Period. Thereafter, the subscription will be automatically renewed for subsequent monthly periods. No later than two (2) days prior to the expiration of the initial term or of any renewal, you may elect not to renew the subscription by providing us with a written notice; and
7.3 Unless otherwise agreed in writing, all fees that are attributable to the Services are to be paid on a monthly basis and are non-refundable. If you choose to cancel your Account during your subscription period, you will not be refunded in whole or in part.
7.4 We reserve the right to suspend or terminate your Account and/or your access and use of the Services, at our sole discretion, should you fail to meet the requirements set forth in these Terms of Service. If you wish to terminate your Account, you may do so by taking all of the following steps: (i) notifying us at any time, and (ii) closing all your Accounts, where this option has been made available to you.
7.5 The provisions of these Terms of Service which by their nature and content are intended to survive any termination or expiration thereof, shall so survive. Such provisions include, without limitation, your obligation to pay us any outstanding non-refundable fees, the warranty disclaimers, limitation of liability and indemnity provisions.
You shall defend, indemnify, and hold harmless Soomla, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including without limitation reasonable attorneys’ fees, that arise from or relate to (i) your access, use or misuse of the Services, or (ii) your violation of these Terms of Service or any applicable law, contract, policy, regulation or other obligation. Soomla reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with Soomla in connection therewith.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback“). You may submit Feedback by e-mail to Contact@soomla.com. You acknowledge and agree that all Feedback will be solely and exclusively our property and you hereby irrevocably assign to us all right, title, and interest that you may have in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
You agree that we may identify you as a user of the Services and use your trademark and/or logo: (i) in sales presentations, promotional/marketing materials, and press releases, and (ii) in order to develop a brief customer profile for use by Soomla on Soomla's website for promotional purposes. All amounts payable hereunder are exclusive of all applicable taxes and government charges, and you shall make payment to Soomla without deduction for and free and clear of any such amounts.
12.1. These Terms of Service do not create any partnership, employment, agency or other relationship not herein specifically and explicitly agreed. There are no third-party beneficiaries of these Terms of Service.
12.2. You may not assign your rights under these Terms of Service, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be null and void. We may freely assign or delegate all rights and obligations under this Agreement, fully or partially without notice to you
12.3. Should any part of these Terms of Service be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.
12.4. Failure by us to enforce any provision of these Terms of Service will not be considered a waiver of the right to enforce such provision. Our rights hereunder will survive any termination or expiration of these Terms of Service.
12.5. These Terms of Service will be governed by the laws of the State of Israel. You agree that the courts located in Tel-Aviv will have exclusive jurisdiction over any dispute between you and us. However, you agree that we may seek equitable relief in any jurisdiction when appropriate.
12.6. Unless a Separate Commercial Agreement is agreed to and/or signed by you and us that expressly supersedes these Terms of Service, these Terms of Service constitute the entire and only agreement between you and us, and supersede all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter hereof.
12.7. If you have questions regarding our Terms of Service, please contact us at:
Contact@soomla.com and we will make an effort to reply within a reasonable timeframe.
260 MADISON AVE, SUITE 204
NEW YORK, NY 10016 United States
Last updated: Feb 2nd , 2020
All rights reserved, Soomla, Inc.