Terms of Use

Welcome to the "Artilo" website at www.artilo.com ("the site").

Please read this agreement carefully before accessing or using this site and the system, and before registering and activating your account. By accessing or using this site and/or system or by activating your account, you agree to be bound and obligated by this agreement. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

When registering and by activating your account with us, you confirm and declare as follows:

1. that you agree to be bound by the terms of this agreement; and

2. that you are at least 18 years old.

IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF AN ENTITY, SUCH AS YOUR EMPLOYER, OR THE COMPANY YOU WORK FOR, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ENTITY, IN WHICH CASE THE TERMS "YOU," "YOUR", "USER" OR ANY RELATED TERM HEREIN WILL ALSO REFER TO SUCH ENTITY.

The services on this website are provided by Artilo Media Ltd. (hereinafter: "Artilo", "us", "we"), subject to your agreement to the terms and conditions below.

Artilo offers, through this site, a cloud-based CRM software (SaaS), also referred to as the "system" and the "software", allowing you to manage the sales, leads, meetings, work processes of sales' teams and call centers relating to your business.

Use of Services

1. All of the services on the site are neither business, financial and/or legal services, nor a substitute for professional analysis, advice and/or other professional services. This site only provides SaaS, a technical tool.

2. These services are not intended to and do not replace any professional opinion regarding any business, financial, legal or other problem, from a qualified specialist familiar with your unique facts. Using this site is done with the knowledge and understanding that Artilo is NOT engaged in rendering any sort of financial, legal, or any other kind of counseling or other professional services or advice.

3. Your use of the site is subject to additional disclaimers and caveats that may appear throughout the site and the system.

4. Artilo assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the services or other material on this site.

You, and you alone, upload/type your data into the system - and you, and you alone, are responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, intellectual property ownership and right to use of your data. We do NOT check the integrity and accuracy of your data. We do NOT supervise, screen or monitor your activity in the system. Therefore, we are NOT responsible for any of the above. You use the system independently, at your sole responsibility. You maintain full rights, title and interest in and to your data.

You hereby undertake not to perform any illegal activity using the site or the system, including any acts that infringe, violate, or misappropriate any third-party right, violate privacy, commit fraud, or are contrary to any applicable law or regulation.

YOU ACKNOWLEDGE THAT THE SYSTEM HAS NOT BEEN DESIGNED TO PROCESS OR MANAGE SENSITIVE INFORMATION AND ACCORDINGLY, YOU AGREE NOT TO USE THE SYSTEM TO COLLECT, STORE, MANAGE OR PROCESS SENSITIVE INFORMATION. WE WILL NOT HAVE, AND WE SPECIFICALLY DISCLAIM, ANY LIABILITY THAT MAY RESULT FROM YOUR BREACH OF THIS SECTION.

The system is not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). It is your sole responsibility to ensure that your use of the system is in compliance with all applicable laws, including industry-specific regulation.

5. While Artilo strives to keep the services on this site accurate, complete and up-to-date as much as possible, Artilo provides no guarantees, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the services.

Registration

6. Using the site's services (SaaS) entails registering as a subscriber. A subscriber shall receive permission to use, online and for a limited amount of time, the system found on the site.

The potential subscriber is considered an applicant, making Artilo an offer to accept the applicant as a subscriber, in accordance with the applicant's personal data and the information provided by the applicant during registration. Artilo may, at its sole discretion, accept or reject the applicant's offer.

The system and services may not be used for the benefit of anyone other than you.

7. As part of the registration process, you will select a password and a user name (hereinafter: "user name"). You agree to provide us with accurate, complete, and updated account information. Failure to do so will constitute a breach of this agreement that may result in immediate termination of the right to use the account.

You may not (a) select or use a user name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, or (c) use a user name that we, at our sole discretion, deem inappropriate or offensive.

You are responsible for maintaining the confidentiality of your user name and password, and you will be responsible for all uses of your user name and password whether or not authorized by you.

8. You must notify us by e-mail of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your user name or password. We will have no liability for any circumstances arising from the unauthorized use of a user name or password or your account. Any fraudulent, abusive, or otherwise illegal activity on your account may be reported to appropriate law-enforcement agencies by us.

9. You are solely responsible for providing all computer hardware and any other equipment necessary to access this site, including, without limitation, internet access software and modems.

Payment and Billing

10. All payments for all subscriptions are done through this site, in advance, according to the number of authorized users provided by you - at the rate of the plan you select, as published on the site's pricing page.

The authorized users' number may be changed through the system. Any decrease in the number of users shall take effect starting the following month.

11. A subscription shall begin on the day of receipt of subscription confirmation from Artilo and shall be in force for the duration of that subscription.

12. The Artilo billing system will use the details of the credit card you provided, in order to make the payments mentioned in this agreement. If for any reason whatsoever, your bank and/or credit card provider refuses payment through said credit card, Artilo has the right to immediately freeze or revoke your subscription - thus terminating this agreement and your access to the system - and to collect your debt at a later date.

13. To stop your subscription, you must contact Artilo and inform us of your request by sending an e-mail to partners@artilo.com.

14. You hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.

15. You understand and agree that cancellation of your account is your sole right and remedy with respect to any dispute you may have with Artilo. Artilo has the right, at its sole discretion, to terminate or suspend forthwith and without prior notice any subscriber's account and/or access to this site or any part thereof.

16. In any case, Artilo shall not return any funds paid in advance by any subscriber for any period in which said subscriber did not use his subscription, even if a notice of termination was provided during said period.

17. Artilo uses data encryption methods in order to protect your personal and credit card details and ensure their confidentiality.

18. Artilo reserves the right to change the price of subscriptions, their type, basis or the number of payments allowed, provided Artilo gives prior notice in this site and via e-mail to the subscriber.

19. You can cancel your subscription at any time, by giving us a 30-day prior written notice.

Links to Other Web Sites

20. This site may include links to other Internet sites solely as a convenience to users. Artilo does not endorse any such sites or the information, material, products or services contained on or accessible through such sites, and you access and use such sites, including information, material, products and services therein, solely at your own risk.

Disclaimer of Warranty

21. ARTILO DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, AND SYSTEMS CONTAINED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

22. ALL SYSTEMS, SERVICES, CONTENT AND ANY OTHER MATERIALS PUBLISHED OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ARTILO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ABSENCE OF VIRUSES, OR ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ARTILO DOES NOT WARRANT THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT OR THE SYSTEM AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARTILO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SYSTEMS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. ALSO, THERE IS NO WARRANTY OF CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ARTILO, OR ITS REPRESENTATIVES, SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SUBSCRIBERS ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

23. ARTILO DISCLAIMS AND SUBSCRIBER HEREBY WAIVES ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF COMPATIBILITY BETWEEN THE MATERIALS, SERVICES, SOFTWARE AND DATA PROVIDED BY ARTILO AND ANY SUBSCRIBER OWNED AND/OR OPERATED SYSTEM, OPERATING SYSTEM, COMPUTER, EQUIPMENT OR SOFTWARE, OR ANY LIABILITY IN NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, WITH RESPECT TO THE SITE, SYSTEM AND SERVICES FURNISHED HEREUNDER.

24. ARTILO DOES NOT GUARANTY ANY RESULTS ARISING FROM USING THIS SITE AND/OR THE SYSTEM - AND YOU THEREFORE ACKNOWLEDGE AND AGREE THAT YOU SHALL NOT HAVE ANY CLAIM, CAUSE AND/OR DEMAND AGAINST ARTILO, IF YOU DO NOT GET THE RESULT YOU WERE EXPECTING AND/OR AIMING FOR.

Limitation of Liability

25. IN NO EVENT SHALL ARTILO BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OF THE SYSTEM AND/OR FROM LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

26. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN PART. IN NO EVENT SHALL ARTILO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR USING THIS SITE AND/OR SYSTEM.

Indemnification

27. You agree to indemnify, defend and hold harmless Artilo, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your breach of this agreement.

Intellectual Property

28. All materials on this site (including the system, as well as the organization and layout of the site) are the property of Artilo and are protected by various laws. No material may be copied, reproduced, republished, uploaded, posted, transmitted, marketed, translated or distributed in any way. Modification of the materials or use of the materials for any other purpose (including the use of any such material on any other website or networked computer environment) is a violation of Artilo's copyright and other proprietary rights, or the copyright and other proprietary rights of third parties with whom Artilo has contracted for the right to such materials. Any unauthorized use of these materials may subject you to civil liability and criminal prosecution under applicable laws.

It is prohibited to copy, distribute or transfer any part of this site, in part or in full, including, without limitation, the system, this site's design and the trademarks appearing in it, without the prior written consent of Artilo.

29. Artilo does not transfer title to the software to you. Artilo retains full and complete title to the software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the software.

30. It is prohibited to employ or to facilitate the employment of any computer application or other means, including, without limitation, crawlers, robots and similar software, which scan, copy and/or retrieve, in part or in full, information and contents from the site and/or system. Accordingly, it is prohibited to produce or use such means in order to create a compilation, collection or database that will contain contents from the site or software. This prohibition does not apply to the operation of general search engines that link directly to the site.

31. "Artilo" is a trademark of Artilo. All other trademarks are the property of their respective owners.

Changes to Site and Software

32. Artilo may make improvements or changes to the software, services, products and other materials on this site, or terminate this site, or any part thereof, at any time, without notice. We may also impose limits on certain features or restrict your access to parts or all of the features of this site, without notice or liability. Artilo may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review this agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement.

33. We may, from time to time, have special events, software or content available on this site, which will be subject to additional terms and conditions that will be made available for your review. You agree that if you, or anyone using your account, uses or accesses such special events, software or other content, such additional terms and conditions shall be binding.

Privacy

34. Artilo is committed to protecting the privacy of website users and does not share personally identifiable information with third parties without your prior consent. You should consult the Privacy Policy for more information on our information collection, use and disclosure practices. You acknowledge that, although Artilo agrees to use its best efforts to comply with and to ensure that its users comply with our Privacy Policy, Artilo cannot be held responsible for the actions of third parties who violate our Privacy Policy.

Effect of Termination

35. Upon termination of our relation with you, for any reason whatsoever:

• We shall deactivate and permanently delete your account and all your data in the system within 90 days of the effective date of termination of these relations and/or your access to the system. If you specifically request an earlier deletion of the account and data, we shall fulfill the request within one month of its receipt.

• You must:

– stop using and prevent the further usage of the system;

– pay any amounts owed to us under this Agreement; and

– discharge any liability incurred by you under this Agreement prior to the termination.

• In no event shall you receive a refund of any fees prepaid hereunder.

• The following provisions shall survive the termination of this Agreement: Disclaimer of Warranty, Limitation of Liability, Indemnification, Intellectual Property, and Miscellaneous.

Miscellaneous

36. In the event any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.

37. Artilo may transfer and/or assign any and all of its rights and obligations under this Agreement and upon such assignment/transfer, Artilo shall be relieved of any further obligation hereunder. You represent to Artilo that you have the authority to subscribe to and to use this site according to the terms and conditions of this Agreement and of your individual subscription.

38. This agreement and the resolution of any dispute related to this Agreement or the site shall be solely governed by and solely construed in accordance with the laws of Israel, without giving effect to any principles of conflicts of law.

39. Artilo's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right.

40. If there is any contradiction or inconsistency between anything stated elsewhere in the site and this agreement, the provisions of this agreement shall prevail.

41. Any legal action or proceeding between Artilo and you, related to this agreement, shall be brought exclusively before the appropriate court of competent jurisdiction sitting in Tel-Aviv, Israel.

42. We may disclose your confidential information to the extent compelled by law to do so. We will use commercially reasonable efforts to provide you with prior notice of the compelled disclosure (to the extent legally permitted) and you shall provide reasonable assistance, at your cost, if you wish to contest the disclosure. If we are compelled by law to disclose your confidential information as part of a civil proceeding to which we are a party, and you are not contesting the disclosure, you will reimburse us for our reasonable cost of compiling and providing access to that confidential information.

43. The parties will act solely as independent contractors. This Agreement shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between you and us, and you shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. This Agreement is not for the benefit of any third parties.

44. This Agreement is the entire agreement between you and us regarding your use of the site and system, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Except as otherwise provided herein, no modification, amendment, or waiver of any provision of these Terms will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. As used in this Agreement, the terms "including," "include," and "includes" are not limiting and shall be deemed to be followed by the phrase "without limitation." Our remedies specified in this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available to us at law, in equity, or otherwise.

45. In no event shall we be liable, or be deemed to have breached this Agreement, for any failure or delay in performing our obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including but not limited to acts of God, epidemic, pandemic, flood, fire, earthquake, explosion, war, terrorism, invasion, cyber-attacks, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.

Acceptance

46. By using and/or subscribing to this site, you hereby acknowledge that you have read and understand all of the foregoing agreement, as may be amended or modified from time to time according to its terms, and agree to be bound by all of the terms and conditions hereof.

47. By using and/or subscribing to this site, you hereby consent to us sending you information about our products and services, as well as promotional information and advertisement regarding our products and services (hereinafter: "promotional information").

48. Furthermore, by leaving your contact information with the site and not objecting to receiving promotional information, you consent to us sending you promotional information. You can opt out of this arrangement at any time by unsubscribing from our mailing list.

49. We have no way of knowing if your email address is used by other people. By consenting to us sending you promotional information as mentioned above, you acknowledge that you have the authority to consent to us sending promotional information also in the names of the other users of your email address.

Questions

50. If you have any questions about this agreement, please contact us at partners@artilo.com.