CHEQ AI TECHNOLOGIES (2018) LTD. AND ITS AFFILIATES ("CHEQ") WELCOMES YOU (“CUSTOMER”). THE FOLLOWING AGREEMENT ENTERED INTO BETWEEN YOU AND CHEQ (THE "AGREEMENT”), STIPULATE THE TERMS AND CONDITIONS OF YOUR USE OF THE SAAS PRODUCT. THE SAAS PRODUCT IS PROVIDED SOLELY FOR YOUR BUSINESS OWN USE. BY ACCESSING OR USING THE SAAS PRODUCT, YOU AGREE TO THESE TERMS. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR ANOTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERM "CUSTOMER" WILL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF THE LEGAL ENTITY THAT YOU REPRESENT DOES NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND/OR USE THE SAAS PRODUCT.
THE TERMS OF SERIVCE SET FORTH IN: https://cheq.ai/terms-of-service/(THE “MASTER TERMS OF SERVICE”) SHALL APPLY TO YOUR USE OF THE SERVICES HEREUNDER. IN ANY CASE OF CONFLICT BETWEEN THE MASTER TERMS OF SERVICE AND THIS AGREEMENT THE TERMS OF THIS AGREEMENT SHALL PREVAIL.
Any term used herein and not otherwise defined shall have the meaning ascribed thereto to in the Master Terms of Services.
“Account” means your ClickCease account.
“Ad Platform” means a third-party online advertising platform that the Service is compatible with, as specified in the Service Documentation.
“Client Code” means our proprietary software code snippet to be installed on webpage(s) that you lawfully own or control for the purpose of providing you the Service.
“Click Fraud” means a fraudulent click on Your Ad.
“Fees” means the applicable service fees, as set forth in section 5.
“Output Data” means the various reports, analytics, and other types of information and data that the Service may generate, provides, or make available to you.
“Term” means the period of these Terms as specified in section 6 below.
“Users” means those that click on one of Your Ads.
“Your Ad(s)” means an instance of your online ad on the Ad Platform, where such instance is configured to inter-operate with the Service.
“Service(s)” means ClickCease services.
Subject to this Agreement, the completion of your registration and your payment of the applicable Fees, you may, during the Term, access and use the Service and the Output Data, strictly and solely for your internal business purposes, and copy, install and use the Client Code on webpages that you lawfully own or control.
In consideration of the provision of the Service to you, you will pay us, as of the time you register to the Service, the periodic subscription Fees, in accordance with the packages, schemes, amounts, overage charges and subscription cycle you selected upon registration.
We may update the Fees applicable to each package and scheme by written notice posted through the Service, and such changes shall apply to your next billing cycle. If such changes are not acceptable to you, you may terminate your subscription by providing us with written notice, which termination shall become effective upon the end of your current billing cycle.
Upon the end of each subscription cycle, your subscription will be automatically renewed for successive subscription cycles, unless you notify us, by email to info@ClickCease.com
, that you wish to terminate your subscription. Your account and subscription will be terminated as soon as we process your request, usually within several business days.
Changes you make in your subscription package, scheme or amount will take effect in the subsequent subscription cycle. If you exceed the limits of your subscription package, your subscription will be automatically upgraded to a package suitable for your scope of use, as of the subsequent subscription cycle.
All Fees are quoted in US Dollars, unless expressly stated otherwise. Fees are payable by PayPal or major credit cards. We may, from time to time, and without specific notice to you, add additional payment methods to the then-current payment methods, or cease to use previously supported payment methods. By using one or more payment methods to pay the Fees, you represent and warrant that you are lawfully permitted to use the selected payment method in connection with the Service. We may require additional information from you before completing payment transactions.
You must keep the billing information you provided to us upon registration current, complete, and accurate, and notify us promptly in case of any change in your billing information.
We will charge you for the applicable subscription Fees at the beginning of each subscription cycle, and overage charges incurred during a given subscription cycle (if applicable) will be charged following the end of that subscription cycle. By registering to the Service, you give your consent to purchasing a subscription to the Service, in accordance with the schemes, amounts and subscription cycle you selected upon registration, and to being billed for the applicable Fees, in addition to any applicable taxes (such as sales tax, value added tax or withholding tax), and any surcharges or commissions charged by the payment processor or through your payment method.
All your payment obligations are non-cancellable and all amounts paid in connection with the Service are non-refundable. If you terminate your account and subscription, you are not entitled to any refund (pro-rata or otherwise), for any Fees you have paid for the terminated subscription. You are responsible for paying all Fees applicable to your subscription to the Service, whether or not you actively used, accessed or otherwise benefited from the Service.
Payment methods are processed and handled through relevant third-party payment processors, such as PayPal. Payment methods are therefore subject not only to these Terms, but also the terms and conditions of these third parties pursuant to your contractual relations with them. You acknowledge that the third parties processing any of the payment methods may charge you commission on their end of the transaction. We are not responsible for such commission, which is strictly within your contractual relations with the relevant payment processor.
Fee that we are unable to charge through the payment method you provided is deemed an overdue Fee. Failure to settle any overdue Fee within ten (10) calendar days of its original due date will constitute a material breach of these Terms. Without derogating from any other rights and remedies available to us under applicable law, overdue Fees will accrue interest at the rate of three-quarters of one percent (0.75%) per month or part thereof, cumulative monthly on the linked capital from the due date until the date of actual payment. You will reimburse us for all legal costs and attorney fees we incur in the course of collecting your overdue Fees.
7. SUPPORT AND MAINTENANCE
If we receive notice of any failure or malfunction, or if we become aware of them by ourselves, we will attempt to regain the Service’s availability as soon as practicable. However, such incidents will not be considered a breach of these Terms. Even though we make an effort to have the Service identify Click Frauds, we cannot and do not guarantee that the Service will detect or prevent all types or all instances of Click Frauds, or all Click Frauds of certain types. We will not be liable for any Click Fraud detected or not detected by the Service.
We may modify, adapt, improve, or enhance the Service, or any of its features, user interface, design or any other aspect related to it, without being obligated to provide you notice thereof. If we enhance the Service to include new or additional features or capabilities, we reserve the right to amend this Agreement or the applicable Fees, and obtain your consent to such amendments. If you do not agree to the amendments in their entirety, we reserve the right to terminate this Agreement pursuant to section 6.
During the Term, we, either directly or with the assistance of third parties, will provide you technical support for technical questions, problems and inquiries regarding the Service, during our business days and hours, and pursuant to the support scheme, hours and channels separately conveyed to you.
We will attempt to respond to your technical questions, problems and inquiries within a reasonable time. However, we:
May decline to provide such support for matters that we deem, at our sole discretion, to require unreasonable time, effort, costs or expenses.
Make no warranties to any specific response-time or to the successful or satisfactory resolution of the question, problem or inquiry.
For the purpose of our provision of technical support for your technical questions, problems and inquiries, you will cooperate, and work closely with us, to reproduce malfunctions, including conducting diagnostic or troubleshooting activities, as we reasonably request.
Our technical staff may instruct you, from time to time, to perform modifications to the Client Code installed on your webpages. You agree to cooperate and perform any requested modifications.
ALTHOUGH WE USE SKILL AND EFFORTS TO DEVELOP THE SERVICE, WE DO NOT GUARANTEE, MAKE NO REPRESENTATION, AND PROVIDE NO WARRANTY ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE OR OUTPUT DATA, OR THE EXPECTED BUSINESS RESULTS, OUTCOME OR OPERATIONAL BENEFITS FROM UTILIZING THE SERVICE. THE SOFTWARE IS PROVIDED TO YOU “AS IS”. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE CLICK FRAUD PREVENTION OR DETECTION FEATURE OR THE OUTPUT DATA, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, NON-INFRINGEMENT, TITLE, SECURITY, COMPATIBILITY OR PERFORMANCE.
WE MAY EMPLOY MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE, AS WELL AS MISUSE OF THE SERVICE. WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT ON AND ACCESS TO THE SERVICE, WITHOUT PRIOR NOTICE, IF WE, IN OUR SOLE DISCRETION, BELIEVE THAT YOU HAVE ENGAGED IN FRAUDULENT OR ABUSIVE USE, OR MISUSE, OF THE SERVICE.
Unless you notify us otherwise in writing, we may identify you as a customer and indicate you as a customer and user of the Service, on our website and in other online or offline marketing materials and press releases. We acknowledge that your company name and logo are protected by intellectual property rights. You grant us a worldwide, non-exclusive, non-transferable, royalty-free, license, to use your name, logo, and website URL, on our website and in other online or offline marketing materials relating to the Service. We will use this content strictly in accordance with any usage guidelines you provide us advance notice of in writing.