Terms of service

Updated on: 18 November 18, 2018

 

Hey! Welcome to avoori.com terms of service page. We want to thank you for using our services and to have you join our amazing community.

This page covers our terms of service that contains your legal rights when using avoori.com. When you use or visit avoori.com you agree to the terms of service below. Due to the large variety of services offered by Avoori, some of the parts in the terms of use below may not apply to the service you use.

The order of the terms is important, please go over them as they make sure our services are possible for us and you.

If you have any questions or suggestions, please contact us at support@avoori.com.

 

Introduction

Welcome to avoori.com terms of service.

Please read this agreement in depth as it includes important information about your rights, billing renewals, the resolution of disputes by arbitration, class action waiver, limitations of liability, warranty disclaimers and other areas of using our services such as third party integrations.

For EU users and visitors, some of the points mentioned below may not apply and you may have other rights under the laws of your country of residence.

You are agreeing to this Agreement with Avoori (“B.ID: 311697288”) by using or accessing any of our services, our Acceptable Use Policy, Data Processing Agreement, Copyright Policy. In case you use any of our services for a business or an organization, this agreement becomes effective for your organization, on your behalf with your agreement that you can take responsibility for your organization for any of our services.

The references “you”, “yours”, “by you” and similar references are covered through this agreement. If you do not agree to all terms in this agreement, you may not use, view or access the services.

The references “we”, “us”, and similar references covered through this agreement cover all services provided by avoori.com and brands under Capsula Group (“B.ID: 311697288”) including our third party hosting providers acting on our behalf.

 

1.   Creating an account

To use all features of our services, you must first register and create an account with Avoori (“Account”).

Please keep your Account safe at all times and make sure you’re the only one with access to your Account and password. You’re solely responsible for any activity on your Account and the confidentiality and security of your password. We’re not liable for any actions or breaches which relate with your Account or password. If you have any reason to believe that your Account or password have been embezzled and/or compromised and/or used without authorization you must let us know immediately via our support email.

We recommend to only allow access to your Account only to people you trust – as you will be solely and fully responsible for all activities that occur under your Account and/or any damages, expenses, image or losses that may result from such activities. We created additional user roles that are available for each person you want to share your service with, please use the appropriate roles as per the access level you are comfortable providing the user with.

The information you provide when registering an Account and using our services, must be your real information. Please provide your / company / personal / billing details, with a valid e-mail address. In some cases we will need to contact you to identify and determine the authentic owner of the Account.

Account ownership disputes:

We reserve the right to determine ownership to an Account and/or Platform (“Platform”) based on our sole discretion. We keep the right suspend an Account at any time, and especially during an ownership dispute, without liability to you or to any other party. We may determine the ownership by requesting for a government-issued ID, a business license etc.. In any case, we will consider and/or determine the owner of the Account, and/or User Content to the entity with access to the e-mail address registered for an Account.

We may also determine the ownership of an Account is according to the billing details submitted during the purchase the Service/s (“Billing Information”).

If an external domain was pointing (or any possible DNS reference that connects the domain to the website, not including an alias – CNAME (CNAME flattening not included)), if the domain registration information is viewable via the WHOIS database we will consider the owner of the Platform the person registered as the registrant of the domain (If an organization is/is also registered as the owner, we will prefer the personal registrant information).

We have the right to determine the ownership of the Platform as we choose, regardless of the directions above.

 

Account guidelines:

By using our Services, you confirm that you’re at least 16 years of age. Our Services are not planned for and may not be used under the age of 16. If you’re under the age of 18 please confirm with your parent or guardian’s consent to this Agreement and they may need to enter into this Agreement on your behalf. Your or your company’s country of incorporation is the country specified billing address provided. We do not provide any recommendations or legal advice to any requirements relevant to you or your end users.

 

2.   User Content

The User Content on your Platform is yours and you hold the intellectual property over it. This includes any form of text, images, code and symbolized items. By servicing the platform to you, you agree to allow us access, to format, upload, arrange and interface your User Content in any way we see required for the platform to function as we intended, in addition the right to distribute your content over any content delivery networks, as required by platform design.

Content ownership – Site mangers and/or any other assigned role and/or users using the Services may provide us through the Platform with content, images, video (with/without audio/video) and any textual content (“User Content”). The User Content remains yours except certain conditions, defined, that allow us to promote, deliver or upgrade and protect our Services.

User license – When you provide User Content via the Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works including translations of these works, adaptations or other changes we make so that User Content works better with the Services, communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. Data protection laws rights are not in effect for this section.

Presenting your site – In some cases we would like to present your site using our Services. You grant us a world-wide, royalty-free, non-exclusive right, license and approval to use any version or portion of your site/s, uploaded files, names, trademarks, logos or service marks.

The presentation will only be used in our marketing, PR and promotional materials and/or actions.

 

3.   User Responsibilities

  • You provide your consent and authority for us to import, transmit, display, use and copy content from your Platform, or parts of it like webpages.
  • You confirm that you own the full rights to all your User Content, including legal permissions to license, title, display, use, transfer, share and distribute in any way through the Services. This includes content uploaded by you, imported, copied and uploaded by any of our Services for you.
  • In case of submission of personal information, property information and organizational information, including groups of consent, you will comply to all laws relevant to the rights of each in the User Content.
  • Its your responsibility to keep your content updated and non-infringing to any person and/or organization and/or group. Make sure that the Platform visitors and/or internal users (“End Users”) are not offended by the User Content presented publicly or in password protected areas of your Platform.
  • Make sure you comply with all relevant laws and terms that are relevant for you in regards to using our Service. This includes your actions and general usage for your User Account, User Content, Platform/s.
  • Its your responsibility to make backups of any user content, Platform contents and Plugins in regards to your End Users, End Products and/or any information stored on the Platform.
  • We will send you promotional materials by email, phone and other methods in our sole decision. To opt out of receiving any of the promotional materials, please let us know.
  • You agree that we may use any content on your Platform for any of our marketing activities. You shall not have any claims against us for any rights worldwide for using any of your Platform contents for this use case.
  • You agree that we can alter, change, disrupt, change the method, technology or means of supplying our Services including availability of the Platform, User Content and Services.
  • We have the right to change our pricing at any time. In case your site went over the acceptable unlimited storage (10GB) and bandwidth usage (100GB) we hold the right to adjust your pricing to any of our VIP / enterprise plans, after an official notice from us by email.
  • You are not allowed to damage, copy, modify, emulate or migrate the Platform, our/integrated Services, our Content to any other system, including usage of any scrapers, robots or any automated service to copy, monitor any part/s of our service.
  • You are not allowed to display or distribute any parts of the Platform without our written consent.
  • In any of your User Content, you have to make sure that its not harmful in any way or threatens anyone or our rights, unless given specific written permission to do so.
  • Do not use our platform for gateways, illegal collection of information, passwords or any other harmful activities.
  • You are not allowed to save and/or display any financial information and credit cards data on the Platform, even in password protected pages.
  • You are not allowed to link to harmful or unlawful content as part of the User Content.
  • You are not allowed to take any Platform related content outside of our Platform and/or Services to be displayed on any other service.
  • Do not damage, bring harm or perform actions which may be perceived as harming to the platform, its contents and us in any way, intentional or not.
  • Purchase any PPC or perform any harmful SEO actions or use any domains, that use Avoori, our marks and any variation of our brand name, including close names of, referring to us as a Service.
  • Act only as yourself, do not impersonate, or provide false information in the Account or User Content or talk badly of others, unless given specific written permission to do so.
  • Do not claim any relation to us unless given specific permission in writing to do so.
  • Do not violate any other User right to privacy or other rights.
  • Avoid hacking to our system, by any means, including password break attempts, or other means.
  • Avoid scanning our infrastructure, networks and services we provide, and connect to.
  • Do not upload any computer code that may or is intended to damage our system or the hosting environment, including performing any actions that may create a large load or disrupt the operation of our Services. Do not scrape our systems for information from external systems.
  • Do not use our Services to spam, fraud or to conduct any illegal or corrupt marketing for yourself or others.
  • You confirm and agree to accept and stand for all the terms of this Agreement. In cases where not all terms are met by a User Account, we hold the right to immediately terminate your User Account, any Service provided, with or without notice and without any refunds of prepaid balance on the Account.

 

4.   Privacy & Ownership

Some of our Services, Billing, Platform design and other locations through Avoori, will require submission of information that may be personally identifying. The platform allows the collection of Users, End Users and their relevant information, including natigation through the Platform. Please fully understand our privacy policy to fully understand the scope of data collection and its usage.

Everything located in the Avoori Platform, documentation, code, design, inventions and others (“Intellectual Property”) is owned, used and licensed to Avoori.

By charging for the Platform usage, after creating a User Account on our Platform, we provide you the option (on our sole decision to create your Platform as non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use our Platform and our Content for the purpose of presenting your Platform to Visitors and End Users, including User Content, Products, images etc.. only as permitted under these terms and only within the Avoori Services scope.

We’d love to know what you think about our platform and would highly appreciate your feedback. Please note that in order to further expand and develop the platform, we hold exclusive ownership of the submitted feedback and would be able to use it for any cause we see fit.Prior to submitting the feedback please make sure its accurate, understandable, is not infringing on the rights of any one or any organization.

 

5.   Fees

In order to access some (“Paid Services”) or any of our services, you may be subject to fees (“Fees”), in order to get to use and modify the Platform to your specific needs. We will provide notice of any fees required for such access.

We hold the exclusive right to modify, change, remove, alter the Fees at any time, with a relevant notification about the Fees change, in the case of your active subscription, and modify it to adapt to the new Fees.

The Fees charged are in US Dollars, unless specifically stated by us in writing.

To the extent permitted by law, all Fees are exclusive of tax and duties (“Taxes”). You are responsible for all payments of taxes and duties, relating to your use of our Services. In cases where we need to collect taxes from you, such taxes are reflected in your invoice for your Services.

We are not responsible for any international transaction fees, currency exchanges or duties added in addition to the Fees required to get access to our Services.

As part of the access to the Paid Services, you may store a credit card (“Stored Card”). You allow us to use the card you use to get access to the Paid Service to collect, refund or take any billing action required to charge the Fees required to give you access to the Paid Service.

We will issue an invoice for any Fees or refunds (“Invoice”) made by us, based on the country submitted in your billing information. All invoices will be electronic based and will be available via the User Account. If the invoice is not compatible with the requirements of your country, please consider it as a pro forma invoice instead.

Some of our Paid Services include an automatic renewal option. Stopping automatic renewal may interrupt your service with us. Please note the term of the automatic renewal. We will attempt to renew your subscription some time before the end date of your initial purchase date. We will try to collect the Fees using the stored card. In the event of failure we will to charge the fees 2 more times after which, in a failure, we may need to suspend or cancel the service or your User Account, without any notice to you.

By purchasing a subscription based Service, you agree that the service has to auto renew to keep access to the Platform and your User Account.

Its your responsibility to ensure and verify the renewal of any of our Services you choose to use. Any discontinuation of these services, are your responsibility and you will not present any claims against us for whatever reason.

Some Services purchased are not refundable. Some of these services are domains, websites/templates/ecommerce/landing pages and plugins.

In cases of charge declines, rejections or changes of the Fees under your Account, is considered a payment breach and the service/s may be disabled automatically. The service will not be resumed to service until all charges are cleared, including any processing charges.

Please contact us first before performing any chargebacks or altering the payment in any way, including actions relevant to your credit card company or the financial institution.

 

6.   Cancelations

By us – In any cases of incompliance with our terms of service or by failing to fulfill the Fees, entitles us to delete, cancel, suspend, block, place in pending state of any Service or your User Account and Platform.

By you – You may close your User Account and any Service at any time. Please follow the instructions how to close your account in the documentation section of our website. The date of cancellation will be considered the last date of your subscription to any of our services. In order to make sure that the cancellation process is completed in order, please request the change/renewal/cancelation at least 14 business days before the subscription renewal date, this is effective for all subscriptions in your account.

In cases of account closure, or service cancelation, loss of User Content, Services and the User Account may become limited. We are not responsible or liable of any content loss in any of our Services or the User Account.

 

7.   E-Commerce

Some of our Services enable the Platform users to sell merchandise and digital products through the Platform (“E-Commerce”).

The responsibility for products, fulfillment, shipping and all actions referred to as managing your store with digital or physical products is your own responsibility. The platform is designed to allow you to easily manage the actions performed by the end users but the entire process is your own responsibility.

When selling any of your products, the payments will be processed by a third party service which you decide to use to process the payments. Make sure you comply with their terms of service.

You are responsible for all duties and taxes required, bear all costs relating to the delivery of the purchased goods, provide warranty and support them.

You are not allowed to sell counterfeit, broken, damaged, hazardous or generally bad products on the store. In case such products are found by our Service, we hold the right to remove, or suspend the Platform at any time without any notification to you.

We are not liable for any damages for any losses your business may have due to the Platform having disallowed Products, be down or any state the Platform be in.

 

8.   External Services

As part of the Platform, we allow you to receive services from third party providers (“External Services”). Some of these include domain registrars, E-Commerce payment providers and people or brands who may assist with your Platform (“Experts”).

Some of these services may require additional payment and they will be provided by our Platform in the plugins section (“Plugins”). Be aware that some of them may also require payments on their platform.

Please be aware that we act as the intermediary Platform between the Platform and the External Services, we will not be responsible for them in any way, neither monitor, or contact the External Service on your behalf. The usage of these External Services are your responsibility and risk to take. Please check the terms of each service in detail before purchasing it.

We hold the right to remove any External Service from our Platform or Plugins at any time without any liability to you or to any End Users.

 

9.   Abuse

When using any of our Services you may encounter offensive or abusive content that may also be illegal or inaccurate in nature. You waive all rights against us in this regard. In order to report any problematic content, you may fill this form. After writing to us, we will consider taking action at our sole discretion.

 

10.   Copyrights

If you believe any content has been used that forms copyright infringement, you may fill this form. After writing to us, we will consider taking action at our sole discretion.

 

11.   Warranty

We provide our Service as is and with all its faults. We do not provide any warranties to the fullest permitted by law. Our services may be incomplete, inaccurate, lacking, or unsuitable for a specific use case, browser, operating system or laws relevant to you and your End Users. It may include bugs and various limitations. Please user the Service before you use it for production.

We have no obligation to monitor any Platform or User Content, created by User Accounts but have the right to do so at our sole discretion. We will never be considered the creator, publisher, or author of any User Content. If your content gets altered, deleted or edited in any way you didn’t intend it to, we are not liable for any losses due to this happening. We wont be liable to you for any direct, indirect, accidental, incidental, special or consequential damages in any form, any loss of profits, revenue, data, goodwill or other intangible losses, inability to access or use parts, some or all of  your Platform and User Account, any damages related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including User Content.

To the fullest extent permitted by law, you agree to indemnify and hold us harmless and our affiliates and our directors, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation all attorneys’ fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, User Platform and E-Commerce; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your eCommerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which we may be held jointly and severally liable.

 

12.   Updates

We deserve the right to change, alter, modify or terminate any of our Services, remove access, User Content, for any reason with or without any notice to you. We will not be liable or responsible for any change or termination of any External Services. Any changes in Fees will be communicated to you and the refusal of payment of the updated Fees will result in the cancelation of your User Account.

 

13.   Law

All and any disputes to be decided exclusively by a court in Haifa, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded. You shall not have the right to bring any claim against us as a plaintiff. This agreement replaces all and any agreement you have with us, whether written or spoken.

You may not assign any of your rights to anyone before receiving our consent. We may assign our rights to a third party without notice.

If any section of this agreement is decided by the court to be invalid or void, the specific part shall be treated by law standard and will not affect the rest of the agreement.

 

14. Communication

We may send you communications through any of our Services, by email or through other means we see fit. All messages sent will be considered received after 12 hours after being sent in any of the methods above.

 

15. General Service Notice

We provide you with a hosting service and the Service is granted for you without charge. To receive access to the Service you must create a User Account and pay the Fees required for the Platform you need hosted.

 

16. Changes

We hold the right to change this terms of service document from time to time to reflect any changes in the technology we use and the law. Please visit this page in order to be aware of all the relevant changes.

 

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