The Services, Site and Platform (collectively, the “Company Products”) are owned, operated and maintained by Strigo Ltd. (the “Company” or “Strigo”). The Company Products are offered to you by the Company, conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Customer Terms. Please read the Customer Terms carefully. If you are invited to join an event set up by a Customer (the “Event”) (i.e. you are a Participant), the Participant User Terms of Service (the “User Terms”) govern your use of the Company Products. "Participant" means an individual, other than the Team Member (as defined below), who participates in an Event.
THESE CUSTOMER TERMS CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND THE COMPANY. BY USING THE COMPANY PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE CUSTOMER TERMS. IF YOU DO NOT ACCEPT THESE CUSTOMER TERMS, YOU MUST NOT USE - AND ARE NOT AUTHORIZED TO USE - ALL OR ANY PORTION OF THE COMPANY PRODUCTS.
For the purposes of this agreement, “Customer” or "you" means any company, entity or organization subscribing for the Services for purposes of receiving a unique URL in order to create an Event, invite Participants and/or allow the Participants access to the Services.
Customer also includes any individual not formally affiliated or associated with an organization who subscribes for the Services on its own account at its sole cost and responsibility.
You affirm that you are of legal age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Customer Terms, and to abide by and comply with these Customer Terms. Although we cannot absolutely control whether minors gain unauthorized access to the Services, access may be terminated without warning if we believe that you are underage or otherwise ineligible.
A subscription allows a Customer to access the Services. A subscription is required for each Customer. A subscription may be procured through the Services interface.
Payment Obligations and Fees
Subscribing for the Services is subject to our fee policies as are in effect from time to time. We believe customers should only pay for subscriptions used on an actual usage basis (i.e. “metered billing” system per user), all as further detailed on the Site. The Company may amend its fee policies at any time in its sole discretion, including any price changes.
Unless otherwise stated, all fees are quoted in U.S. Dollars and are specified at the Services interface on the Site. Payment obligations are non-cancellable and fees paid are non-refundable. Fees are stated exclusive of any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales use or withholding taxes, assessable by any jurisdiction. You are responsible for paying all fees and applicable taxes associated with the Services in a timely manner with a valid payment method that is accepted by the Company in its sole discretion. If your payment method fails or your account is past due, then we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any Company Products pending resolution of any amounts due by you to Company.
You are solely responsible for the profiles, comments, messages, notes, text, documents, presentations, videos, animation files, listings, and other content that you upload, publish or display on or through any of the Company Products, or transmit to or share with other users (collectively the "Customer Content").
You bear sole responsibility at all times for adequate security, protection, and backup of any Customer Content. We are not responsible for what your Participants or other users do with Customer Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Customer Content you post or store on the Site or provide to the Company. When you post Customer Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Customer Content on the Site.
You may not post, transmit, or share Customer Content that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Customer Content in its sole discretion, for any reason or no reason, including without limitation Customer Content that in the sole judgment of the Company violates these Customer Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
You further agree not to upload or transmit any Customer Content that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Strigo or other users of Services.
We do not claim any ownership of the Customer Content. Customer grants us a worldwide, non-exclusive, limited term license to access, use process, copy distribute, perform, export and display Customer Content only as reasonably necessary to: (a) provide, maintain and improve the Services; (b) prevent or address service, security, support or technical issues; and/or (c) as expressly permitted in writing by Customer.
You may remove your Customer Content from the Site at any time. However, you acknowledge that the Company may retain archived copies of your Customer Content.
You acknowledge that we may screen Customer Content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any Customer Content, including terminating Event courses, from the Services without any liability to you. Without limiting the foregoing, we have the right to remove any Customer Content that violates these Customer Terms or is otherwise objectionable in our sole and absolute discretion. You agree and acknowledge that we may preserve Customer Content and may disclose Customer Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Customer Terms, respond to claims that any Customer Content violates the rights of third parties or protect our rights, property or personal safety or that of our users and the public.
Under no circumstances will Strigo be liable in any way for any Customer Content or other data viewed while using the Company Products, including, but not limited to, any errors or omissions in any such Customer Content or data, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Customer Content or data. If at any time you are not happy with the Company Products, your sole remedy is to cease using the Company Products.
You may be required to provide information about yourself in order to register for and/or use certain Services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. Each Customer is responsible for maintaining the confidentiality of its account and password and for restricting access to its computer, and Customer agrees to accept responsibility for all activities that occur under its account or password. Customer shall at its sole responsibility determine or modify the individuals on its team authorized by it to access the Services (the “Team Members”). Customer represents and warrants that it has validly entered into these Customer Terms and has the legal power to do so. Customer further represents and warrants that it is responsible for the conduct of its Team Members and their compliance with these Customer Terms and the User Terms.
Customer may not assign or otherwise transfer its account to any other person or entity. Customer acknowledges that Strigo is not responsible for third party access to its account that results from theft or misappropriation of such account.
You are solely responsible for your interaction with Participants. Strigo reserves the right, but has no obligation to monitor disputes between you and any Participant.
Retention of Rights
We own and we will continue to own the Company Products, including all related know-how and intellectual property rights. We may make software components available, via app stores or other channels, as part of the Services. We grant to Customer a non-sub licensable, non-transferable, non-exclusive, limited license for Customer and its Participants to use the object code version of these components, but solely as necessary to use the Services and in accordance with these Customer Terms. All of our rights not expressly granted by this license are hereby retained.
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Strigo and Strigo is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Strigo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Strigo of the site or any association with its operators.
No Unlawful or Prohibited Use
You agree that you will not use the Company Products in a manner that violates applicable law, restrictions or regulations, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and that you are solely responsible for compliance with all such laws and regulations. You further agree not to use the Company Products to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Recognizing the global nature of the Internet, you also agree to comply with applicable local rules or codes of conduct regarding online behavior and acceptable content and the transmission of technical data exported from the country in which you reside.
As a condition of your use of the Site, you warrant to Strigo that you will not use the Site for any purpose that is unlawful or prohibited by these Customer Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Site content (not including Customer Content), in whole or in part, found on the Site. Strigo content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Strigo. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Strigo or our licensors except as expressly authorized by these Terms.
It is possible that other users of the Company Products may violate one or more of the above prohibitions. Strigo assumes no responsibility or liability for such violation. If you become aware of any violation of these Customer Terms in connection with use of the Company Products by any person, please contact us at email@example.com.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Participants or other third parties (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Strigo has no obligation to monitor the Communication Services. However, Strigo reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Strigo reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Strigo reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Strigo's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Strigo does not control or endorse the content, messages or information found in any Communication Service and, therefore, Strigo specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
We can collect or monitor certain content and other information you provide when you use our Services, including when you subscribe for an account, create or share an Event, invite Participants and message or communicate with others. This can include information about how you use our Services, such as the frequency and duration of your activities and the results of your activities. In addition, we collect information about the Participants and other users you are connected to and how you interact with them.
You hereby agree that we can analyze any such content and information for any purpose, including commercial.
Strigo Indemnification. Subject to the conditions and limitations of the Agreement, Strigo agrees to indemnify, defend and hold harmless Customer, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any claim, suit or proceeding brought by any third party alleging that the use of the Company Products as permitted under these Customer Terms infringes or misappropriates a third party’s intellectual property rights (a “Claim Against Customer”), provided however, that Strigo will have no liability if a Claim Against Customer arises from (a) Customer Content or and Linked Sites or any other third party services/products; and (b) any modification, combination or development of any of the Company Products that is not performed by Strigo, including in the use of any application programming interface (API).
Customer Indemnification. Customer agrees to indemnify, defend and hold harmless Strigo, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Customer's or any of its Team Member’s violation of these Customer Terms, the User Terms or as a result of any posting or other transmission of Customer Content, including without limitation any user postings on the Site.
Conditions to Indemnity Obligations. As a condition to the rights of indemnification set forth in these Customer Terms, a party seeking indemnification hereunder shall: (i) promptly notify the indemnifying party in writing of the claim, suit or proceeding for which indemnification is sought; (ii) grant the indemnifying party exclusive control over the defense and/or settlement of any such claim, suit or proceeding, and reasonably cooperate with the indemnifying party in, the defense or settlement of the claim, suit or proceeding; and (iii) will have made no compromising admission, offer to settle or the like in the context of any such claim, suit or proceeding without the explicit written approval of the indemnifying party.
No Warranties and Liability Disclaimer
YOU UNDERSTAND AND AGREE THAT THE COMPANY PRODUCTS ARE PROVIDED "AS IS" AND STRIGO, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. STRIGO, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY PRODUCTS, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR CONTENT OBTAINED THROUGH THE COMPANY PRODUCTS OR THAT THE COMPANY PRODUCTS WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE COMPANY PRODUCTS IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE COMPANY PRODUCTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. STRIGO DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY CUSTOMER CONTENT OR COMMUNICATIONS BETWEEN USERS. STRIGO CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE COMPANY PRODUCTS.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COMPANY PRODUCTS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. STRIGO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE COMPANY PRODUCTS AT ANY TIME.
Strigo reserves the right, in its sole discretion, to terminate your access to the Site or use of any of the Company Products at any time, without notice.
Change of Terms
Strigo reserves the right, in its sole discretion, to change the terms under which strigo.io is offered. The most current version of these Customer Terms will supersede all previous versions. Strigo encourages you to periodically review the terms to stay informed of our updates.
Customer grants us the right to use Customer’s company name and logo as a reference for marketing or promotional purposes on the Site and in other public or private communications with our existing or potential customers. We do not want to list customers who do not want to be listed, so Customer may send us an email to firstname.lastname@example.org stating that it does not wish to be used as a reference.
Visiting the Site or sending emails to email@example.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
To the maximum extent permitted by law, these Customer Terms are exclusively governed by the laws of the State of Israel and you hereby consent to the exclusive jurisdiction and venue of the courts in Tel-Aviv, Israel in all disputes arising out of or relating to the use of the Company Products. Use of the Company Products is unauthorized in any jurisdiction that does not give effect to all provisions of these Customer Terms, including without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Strigo as a result of the use of any of the Company Products.
If any part of these Customer Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Customer Terms shall continue in effect.
Unless otherwise specified herein, these Customer Terms constitute the entire agreement between you and Strigo with respect to the Company Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Strigo, except that if you or your company have executed a separate written agreement or you have signed an order form referencing a separate agreement governing your use of the Services, then such agreement shall control to the extent that any provision of these Customer Terms conflicts with the terms of such agreement.