Eevya Terms of Use

The following instrument consists of the terms and conditions governing your ("you" or "user") access to and use of Eevya Ltd.'s ("Company" or "We") proprietary website building and SEO solution and the content, features and services therein, including without limitation all text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork (collectively, the "Services"). These Eevya Terms Of Use together with the Eevya Privacy Policy available at www.eevya.com/privacy-policy.html (the "Terms") constitute a binding agreement between you and Company, and by continuing to use the Services (in whole or in part) in any way or manner you agree to abide by, and be bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately exit the Services and cease making any use of the Services.

We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you via email or by means of a prominent notice on the Services. You should check our Services periodically and review changes to the Terms at: www.eevya.com/privacy-policy.html. By continuing to use the Services following such modifications, you agree to be bound by such modifications.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE IN SECTION 18 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES, AS EXPLAINED IN SECTION 18, YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION, AND YOU AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Subject to the terms and conditions set forth herein and payment of applicable fees, Company hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable, revocable, limited license to access and make personal use of the Services, only according to the terms of these Terms.

You undertake to use the Services solely for building and promoting your website. Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share your account and/or any of your rights under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy all or any part of the Services and/or the Company IPR (as defined below) and/or use the Services as a service bureau; (iii) syndicate any part of the Services or refer to the Services by use of framing; (iv) make use of the Services in any jurisdiction where same are illegal or which would subject Company or its affiliates to any registration requirement within such jurisdiction or country; (v) use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use; (vi) transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content or files; (vii) use the Services in a manner that is reasonably likely to bring any person or property into disrepute, including any use in advertising or promoting illegal behavior, hostility or discrimination based on race, religion, ethnic background, sex, age, disability or sexual preference or any other subject matter that would be reasonably likely to be offensive or unflattering to any such person or proper, (viii) access the Services through or use with the Services any automated or unauthorized means, services or tools including without limitation any data mining, robots, or any other automated means or data gathering and extraction tools "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services; (ix) perform any act that destabilizes, interrupts or encumbers the Services or their servers or use “load testers”, that enable sending more request messages to the servers of the Services, in a given period of time, than a human can reasonably send in that time period by using the Services; (x) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Services and/or any other software available on the Services or create derivative works thereof; (xi) create false personas, multiple identities, set up an account on behalf of someone other than yourself or create another account after We have already disabled your account; (xii) attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; (xiii) download or otherwise export or re-export the Services or underlying information or technology (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Lebanon, Iran, Syria or any other country to which the U.S. and/or Israel has embargoed goods and services; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders; (xiv) download any Creative Assets; and (xv) use any Creative Assets not within the framework of the Services on your website.

You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services required for getting access to and using the Services.

The Services, including without limitation any underlying data, software, platforms, algorithms, technology, application design, any information, logos, trade-names and brands, services, texts, files, images, sound, music, videos, organization, structure, specifications, Feedback (defined below), editing tools and features and any enhancements, improvements and derivatives thereof and all Intellectual Property Rights related thereto ("Company IPR") are the property of Company and/or its licensors who retain all right, title and interest in connection therewith.

No transfer or grant of any rights by Company is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the Company IPR or otherwise, except for the limited license set forth in Section 2 above.

"Intellectual Property Rights" means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.

Your Content. You shall have sole responsibility and liability for Your Content (as defined in this Section 5 below). Company shall not be liable for any and all parts of Your Content and shall be entitled, under its sole discretion, to remove or edit any of Your Content at Company's sole discretion and without notice or explanation. Company does not screen Your Content. Company does not provide back-up or archive services, you are solely responsible for maintaining adequate backups of Your Content. You hereby grant Company a worldwide, royalty-free license to use and fully exploit Your Content for the provision of the Services.

Representations and Warranties. You represent and warrant to Company that Your Content: (i) complies with and will comply with all applicable laws, rules and regulations, the Terms and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights and the right to privacy, (ii) does not contain any threatening, offensive, racist, hateful, threatening, violent, sexually explicit, obscene, libelous, defamatory or otherwise inappropriate, (iii) is free from any restrictions, third party rights, payment obligations and/or royalties (including without limitation to any collecting societies).

"Your Content" shall mean any and all content that you edit, transmit, upload, import to or refer to through the Services, including without limitation any text, images, links, data, Creative Assets or any other content or information.

You are solely responsible for any actions performed in the Services under your credentials. Keeping your credentials safe is your sole responsibility. If you have any reasons to suspect that your credentials were discovered by any third party or that there was an unauthorized access to your account you will immediately notify Company and modify your login information.

We appreciate hearing from our users and welcome your comments regarding the Services. Notwithstanding anything to the contrary herein, please be advised, however, that if you send us ideas, suggestions, inventions, or materials regarding the Services ("Feedback"), we shall: (i) own all right, title and interest in and to the Feedback without any restriction; (ii) not be subject to any obligation of confidentiality; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation or credit to you or any other person.

Fees. The Services are subject to payment of fees according to Company’s then current price list and subscription terms ("Fees"). You may not cancel any order and all Fees are non-refundable. Company may, at its discretion, at any time, change the Fees and/or payment method. You will be charged the Fees that arise from such changes only after a notice is provided, either by email and/or a prominent notice on the Services. By continuing to use the Services following such notice, you agree to be bound by such modifications.

Taxes. The Fees are exclusive of taxes, if any, which taxes will be borne by you. You are responsible for reporting and paying taxes in connection with the Services, along with any related penalties or interest, as applicable to your purchase or country of purchase. In the event that you are required by law to deduct and/or withhold any amount from any payments made hereunder the Fees shall be deemed as grossed-up and increased such that the actual net amount to be paid to Company shall be equal to the Fees that would have been due to Company without such deduction or withholding.

As part of the Services, We may acquire a domain on your behalf ("Domain"). The Domain shall be owned by you and will be transferred to you upon request (subject to payment of all applicable fees). If you stop your subscription before paying for a subscription period of at least twelve (12) months you will be charged the costs of acquiring and maintaining your Domain and any cancellation or transfer fees in respect thereof, otherwise the Domain acquisition shall be deemed to be included in the Fees.

You represent and warrant to Company that: (a) you have, and will have at all times, all permits, consents, licenses and approvals for your use of the Services and as required to fulfill your obligations herein, including without limitation in respect of Your Content; (b) you and your use of the Services will comply with all applicable laws, regulations, rules and standards; and (c) you are not located in or a national or resident of any of the countries or entities referred to in Section 3(xiii) above and/or any country or entity that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and are not listed on any U.S. Government list of prohibited or restricted parties.

Company's privacy practices are governed by our privacy policy, the most updated copy of which can be found at https://www.eevya.com/privacy-policy.html ("Privacy Policy").

YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR THE COMPANY IPR SHALL BE AT YOUR OWN RISK. THE SERVICES, INCLUDING WITHOUT LIMITATION COMPANY IPR ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

COMPANY DOES NOT WARRANT THAT THE COMPANY IPR AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THESE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

COMPANY DISCLAIMS ANY AND ALL WARRANTIES IN RESPECT OF ANY CONTENT PROVIDED IN CONECTION WITH THE SERVICES INCLUDING WITHOUT LIMITATION YOUR CONTENT AND ANY OTHER CONTENT THAT IS: ILLEGAL, DEFAMATORY, OBSCENE, DISTASTEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, HARASSING, OR THAT IS DISCRIMINATORY BASED UPON RACE, GENDER, COLOR, CREED, AGE, SEXUAL ORIENTATION, OR DISABILITY; DEFAMATORY OR OTHERWISE VIOLATES ANY LAWS, RULES, REGULATIONS OR POLICIES OF ANY COMPETENT JURISDICTION.COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE COMPANY IPR OR SERVICES INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE SERVICES AND/OR ANY OF THE COMPANY IPR.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL COMPANY AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, YOUR CONTENT, OR RELIANCE ON ANY OF THE COMPANY IPR OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY COMPANY. WITHOUT DEROGATING FROM THE FOREGOING, IF DESPITE THE FOREGOING COMPANY WILL BE FOUND LIABLE OR RESPONSIBLE BY A COMPETENT AUTHORITY, UNDER ANY LEGAL THEORY, COMPANY'S AGGREGATE LIABILITY SHALL NOT EXCEED the lesser of: (i) amounts actually paid by you to Company in the preceding six (6) months, and (ii) $100.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.

You agree to defend, indemnify and hold Company and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (a) any use of your account; (b) Your Content and any products or services promoted, provided or offered on your websites; and/or (c) any breach of these Terms.

The Services might include resources and content provided by third parties and may include links to third party services and resources or enable you to import content directly from third parties, such as YouTube, Facebook and Instagram ("Creative Assets") (collectively, "Third Party Content"). Company is not and shall not be liable or responsible and does not endorse any Third Party Content and does not control its availability. Should you leave the Services via a link or use Third Party Content, you do so at your own risk. Your use of any interface with another platform, for example for importing Creative assets, is under your sole liability and responsibility and you undertake to comply with all third party terms and policies applicable thereto. In as much as you are redirected to linked sites, applications and content, you are responsible for carefully reading and abiding by the terms of use and privacy policies of such applications, sites and content and you represent and warrant that your use of the Services will comply with all applicable third party terms and conditions. Unless expressly provided otherwise in our subscription terms that are applicable to you, We may, at our sole discretion, place advertisements on your website, and you shall not be entitled to any compensation or credit in connection therewith.

In the event that you believe that any content included in the Services violates your Intellectual Property Rights, right to privacy or is defamatory or otherwise illegal, inappropriate or offensive, please file a detailed notice of complaint to Company in the following email address contact@eevya.com, identifying such content and detailing the facts basis of your complaint and we will make reasonable efforts to remove the content. We will not be able to remove any content that was published outside the Services. You shall remove any of Your Content you shared, uploaded and/or posted outside the Services upon Company's first demand.

You may terminate these Terms at any time by electing to end your subscription in your account on the Services, effective at the end of the then current month. Subscription fees are non-refundable. We may terminate these Terms and/or suspend your right to access or use the Services immediately (including without limitations the license set forth in Section 2 above), at our sole discretion without notice. Upon termination you shall: (i) immediately cease using the Services; (ii) pay all outstanding Fees; and (iii) the following Sections shall survive: 1, 3-5, 7, 9-14, 17 and 18.

All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis ("Disputes"), except that you and Company are not required to arbitrate any dispute for enforcement or infringement of either party's Intellectual Property Rights ("Excluded Disputes"). Any and all Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any Disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For Disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Company. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.

YOU AND COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, OTHER THAN IN RESPECT OF EXCLUDED DISPUTES. You and Company are instead electing to have claims and disputes resolved by arbitration. In any litigation between you and Company over whether to vacate or enforce an arbitration award, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 18.12 below.

No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

You may opt out of this arbitration agreement. If you do so, neither you nor Company can force the other to arbitrate. To opt out, you must notify Company in writing no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your username and the email address you used to set up your account, and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to this address: support@eevya.com.

Notwithstanding the foregoing, either you or Company may bring an individual action in small claims court.

This arbitration agreement will survive the termination of your relationship with Company.

Excluded Disputes shall be governed by and construed in accordance with the laws of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of Tel Aviv-Jaffa in respect of Excluded Disputes and hereby submit themselves to the jurisdiction of these courts.

The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded, whether the claim is in arbitration or at court.

(i) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (ii) You acknowledge and agree that Company has the right, at any time and for any reason, to redesign or modify the Company IPR and other elements of the Services or any part thereof; (iii) these Terms together with any payment terms related thereto are the entire agreement between you and Company regarding the subject matter herein and these Terms shall not be modified except as stated herein; (iv) Company may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Company. Any unauthorized assignment will be void and of no force or effect; (v) no provisions of these Terms are intended or shall be construed to confer upon or give to any person or entity other than you and Company any rights, remedies or other benefits under or by reason of these Terms; (vi) Company's failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by Company as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (vii) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (viii) ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN ESPECT THEREOF.

If you have any further questions or require further clarification, please contact us by sending an e-mail to: support@eevya.com

Last updated July 29, 2018.