Welcome to provesrc.com
”). These Terms
”) constitute a legally
binding agreement between you and Configo Ltd., a company incorporated under the laws of the
state of Israel (the "Company
" or "us
and govern your use of Configo’s services which
are available via the Website (the “Service”).
ProveSource's Service is a cloud-based SaaS platform which gives your customers a new online shopping
experience that makes them feel more like they’re in an actual store with other people.
Your use of the Service signifies your understanding and agreement to be bound to these Terms
and to comply with the applicable law, rules and regulations. If you do not agree to these Terms,
please do not register and use the Service. You may not accept these Terms and use the Service
if you are under the age of 13, if you are not qualified to create a binding legal agreement,
the use of the Service is prohibited by the law applicable to you.
We may change, suspend or discontinue any aspect of the Service, at any time, including the availability
part thereof. We may also modify, limit, deny or impose limits on certain features and services
or restrict access to parts or all of the Service. We may terminate your access for any or no
reason at any time by ceasing to provide the Service to you. We will not have any liability
whatsoever to you for any such termination.
You agree to use the Service solely for your personal use. In any event, however, you agree not
to transfer or resell the Service, in whole or in part, to any third party, or allow unauthorized
access to the Service, by any third party. You agree that you will not reproduce, duplicate, copy,
sell, trade or resell the Service for any purpose.
You agree not to access (or attempt to access) the Service by any means other than through the
interface provided by us. Without derogating from any other term of these Terms, you agree to
use the Service solely for lawful purposes. You agree that you will not (i) engage in any activity
that interferes with or disrupts the Service (or the servers and networks which are related to the
Service); (ii) take any action that imposes or may impose (as determined by us in our sole
discretion) an unreasonable or disproportionately large load on our (or its third party providers’)
infrastructure; (iii) bypass any measures we may use to prevent or restrict access to the Service;
or (iv) provide any information if you do not own or have permission to use and disclose such
We take privacy and protection of information seriously. Please carefully review our Privacy
hereby incorporated in these Terms by reference and forms an integral part hereof.
Please note, that our Service is not designed and not intended to store, process, or use any
Personally Identifiable Information ("PII"). YOU ARE REQUIRED, AND YOU HEREBY
UNDERTAKE, NOT TO INPUT, POST, UPLOAD, STORE OR TRANSMIT ANY PII TO
THE SERVICE. You further agree not to input, post, upload, store or transmit into the Service
any of the following: (i) unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,
suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent or
otherwise objectionable content; (ii) content that may infringe any patent, trademark, trade
secret, copyright or other intellectual or proprietary right of any party; (iii) viruses, corrupted
data or other harmful, disruptive or destructive files; (iv) content that related to children under
the age 13.
We are not, in any way, responsible for the way you use the Service, and
its results and implications on your applications, software, systems and hardware, and the
applications, software, systems and hardware of your users.
We are not responsible for any delays, delivery failures, security failures, or any other loss or
damage resulting from the storage or transfer of data over communications networks and
facilities, including the internet, and to the performance of any third-party communication or
storage provider used by you or by the Company. You hereby acknowledge that the use of the
Service may be subject to interruptions, limitations, delays and other risks associated with the
use of such storage and communications facilities.
In order to use the Service, you must open an account ("Account") and register
using your e-mail address and creating a unique password. You shall maintain your Account, and shall be
exclusively responsible for safeguarding and maintaining the confidentiality of the password.
You represent, warrant and undertake that the information you provide in connection with your
registration will be current, complete and accurate. You may not permit any third party to use
account and you may not grant access to any third party to your account. You are solely
responsible for the conduct of any party that uses your Account, whether or not authorized by
Subscription Term and Renewal
The Service is provided on a subscription basis and shall automatically
renew for additional periods equal to the original
initial term specified in your account, unless either party gives the other notice of non-renewal
before the end of the relevant subscription term. If you elected not to renew, you should send such
non-renewal request to email@example.com
. Configo will confirm
the non-renewal request when it
is processed. If you do not receive a confirmation, please contact Configo as soon as possible.
The Fees during any such renewal term shall be the same as that during the prior term unless we have
given you written notice of a pricing increase at least 30 days before the end of such prior term,
in which case the pricing increase shall be effective upon renewal and thereafter. If you continue
to access or use the Service past any Subscription Term renewal date, you shall be deemed to have
renewed your subscription to the Service for the corresponding renewal period and shall be liable to
pay all applicable fees in connection with such renewal period.
Termination by Configo
Configo may terminate your use of the Service at any time and without prior written
notice in any case where it believes that you or your Organization have breached these Terms and
such breach may cause Configo irreparable harm unless your User Account or the Organization
Account is terminated immediately. Upon termination of these Terms, you shall cease all use of the
Termination by you
Without derogating from your obligation to pay applicable Fees, you as the Organization Admin may
terminate your subscription to the Service by cancelling your Organization Account through the tools
that we make available within the Service or by sending a cancellation request to us at
, in which case we will use commercially
reasonable efforts to respond within a
reasonable time. The aforesaid Organization Account cancellation will take effect at the end of the
then-current Billing Cycle (defined below) and you will not be charged for the subsequent Billing
Cycle. For clarity, the Fees paid for the remainder of the then-current Billing Cycle following a
request for cancellation are not refundable.
If you object to any term or condition of these Terms, or any subsequent modifications thereto, or
become dissatisfied with the Site or Service in any way, your only recourse is to immediately
discontinue use of the Site or Service (and cancel your subscription).
If we believe, in our sole discretion, that you, as an Authorized User, are using the Service in a
manner that may cause harm to us or any third party, or in breach of these Terms, then we may,
without derogating from our right to terminate your Subscription as specified in these Terms,
suspend or terminate your User Account or your access to and use of the Service, or parts thereof.
In consideration for the Service, Your Organization shall pay all fees designated in the Account.
Except as otherwise specified, fees are based on the number of monthly active users in total.
You agree to promptly notify us of any changes to your billing information. In case you pay with
credit card, you hereby authorize us to charge your credit card on a recurring basis for all
applicable fees and to store your credit card information on our servers and/or on third parties’
payment processing providers servers. If you are invoiced for the service, all amounts are payable
net 30 EOM, from the date of the invoice. Your payment may be processed through a third party
payment processing service, and additional terms may apply to such payments. We currently engage a
third party, for online payment processing services, and in addition to these Terms, you agree that
such third party terms and conditions shall apply to your online payments of the Fees. We reserve
the right to use other third party payment processing services for such purposes in the future.
Should your use of the Service be in excess of your purchased package, for example by adding
different Services or end-users, your payment shall be recalculated according to the time remaining in
outstanding balance and the addition shall be charged accordingly, in due time (in relation to the
remaining portion of the then-current Billing Cycle).
Changes in the Terms
We may change these Terms from time to time, without actual notice to you. The revised Terms
shall become effective upon posting in the Website. It is your responsibility to review these
Terms occasionally. You agree that your continued use of the Service shall constitute your
consent to the new or revised set of Terms. If the Service has your e-mail address on record
Limitation of Liability
We accept no responsibility or liability in contract, tort, negligence, breach of
statutory duty or otherwise for any inconvenience, loss, damage, costs or expenses whatsoever
incurred or suffered by anyone as a result of any information contained in or provided by the
Service (unless such liability may not be excluded or limited as a matter of law, and in such
case, our liability will be limited to the maximum extent permitted by law).
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICE. WE MAKE NO
WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES, OR THAT ANY INFORMATION OR
ADVICE OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY OR IMPOSE ANY LIABILITY NOT EXPRESSLY STATED IN THE
TERMS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR (OR
YOU USERS') COMPUTER SYSTEM OR ELECTRONIC DEVICE OR LOSS OF DATA, OR
ANY OTHER LOSS OR DAMAGE THAT RESULTS FROM THE USE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL THE COMPANY AND ITS AFFILIATES, OFFICERS, AGENTS, MEMBERS AND
EMPLOYEES BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO
USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES
WERE FORESEEABLE. YOU SPECIFICALLY AGREE THAT WE ARE NOT
RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL,
EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OF ANY OTHER PARTY ON
OR THROUGH THE SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF
RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO,
INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF
PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN
SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF US, AND OUR
SUPPLIERS AND DISTRIBUTORS, FOR ALL CLAIMS, DAMAGES AND LOSSES
(WHETHER IN CONTRACT, TORT OR OTHERWISE), INCLUDING FOR ANY IMPLIED
WARRANTIES, IS LIMITED TO THE HIGHER OF (I) THE AMOUNT YOU PAID US TO
USE THE SERVICE IN THE SIX MONTHS PRECEDING THE CAUSE OF CLAIM, OR (II)
You hereby represent and warrant to us, that any users of your services are and will be bound by
an exemption and limitation of liability toward us at the same scope as provided herein.
sole and exclusive remedy is to discontinue using this Service.
Content and Proprietary Rights
You understand that all information, such as data files, written text, computer software, music,
audio files or other sounds, photographs, illustrations, videos or other images (as well as
advertisements and sponsored Content within the Service) (together, the "Content")
may have access to as part of, or through your use of, the Service are protected by copyright,
patents, trademarks, trade secrets or other proprietary rights, and owned or controlled by the
Company or its licensors. You acknowledge and agree that the Company (or its licensors) own
all right, title and interest in and to the Service. You may not use any of the Company’s trade
names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this
Content (either in whole or in part). You may not modify, publish, transmit, participate in the
transfer or sale of, reproduce, duplicate, create new works from, distribute, perform, display or
provide others with any portion of the Content or the Service, in whole or in part. You may not
reverse engineer, decompile, disassemble, alter, duplicate, modify, prepare derivative works
from, make copies of, distribute, provide others with or otherwise attempt to extract the source
code from any application of the Service. You further may not use the Service for any illegal or
unauthorized purpose. Violation of these provisions may constitute breach of applicable law (in
addition to breach of these Terms) and may expose you to criminal liability.
Copying, sending, sharing or storing of any Content for other than personal use is expressly
prohibited without prior written permission from the Company or the copyright holder.
If you provide us with feedback or suggestions regarding the Service, such feedback and
suggestions shall become the Company's property and the Company may use them at its sole
discretion, without any obligation to compensate you in any manner.
Third Party Content and Services
The Website may offer links to web sites, resources, and advertisers. Although some of these
websites are operated by our affiliates or business partners, we have no control over these
outside resources, and we accept no responsibility or liability for such resources or for their
accuracy, performance or reliability.
Your use of the Service constitutes your agreement to defend, indemnify, and hold harmless the
Company and its affiliated entities, and their employees, contractors, officers, directors, agents
and representatives, from any claim or demand, including reasonable attorneys' fees, arising out
of your use or misuse of the Service or the use or misuse of contents of the Service by a third
party (even while using your password), including, without limitation, any claim by your own
users. This Indemnification section of the Terms survives termination of your account with the
Service or of your use of the Service.
Applicable Laws and Jurisdiction
You agree that the laws of the State of Israel, excluding its conflicts-of-law rules, shall govern
these Terms. The Convention on International Sale of Goods will not apply. Please note that
your use of the Service may be subject to other local, state, national, and international laws. You
expressly agree that exclusive jurisdiction for any claim or dispute with the Company or relating
in any way to your use of the Service resides solely in the competent courts in Israel. Where
these laws prevent the application of any part of these Terms, such laws will prevail to the
extent mandated by them.
Without derogating from any other provision limiting our responsibilities, we will not have any
liability if we are prevented from or delayed in performing the Services, or otherwise from
carrying on our business, by acts, events, omissions or accidents beyond our reasonable control,
including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility
service or transport or telecommunications network, act of God, war, riot, civil commotion,
malicious damage, compliance with any law or governmental order, rule, regulation or direction,
accident, breakdown of plant or machinery, fire, flood or storm (“Force Majeure
Event”). If a
Force Majeure Event prevents, hinders or delays our performance of the Service for a
continuous period of more than thirty (30) days, you, as your sole remedy, may terminate the
Service immediately by a written notice.
Parties' Relationship; Third Parties
These Terms do not, and shall not be construed, to create a joint venture, agency relationship,
employment or partnership between us. These Terms do not confer any rights on any person or
party other than you and us.
By using the Service, you agree (i) that ProveSource or Configo may identify you as a recipient of services and use your logo in sales
presentations, marketing materials and press releases, and (ii) to develop a brief customer profile for use by ProveSource on provesrc.com for
Correspondence should be sent to firstname.lastname@example.org
You agree to report any copyright violations to the Company as soon as you become aware of
them. In the event you have a claim of copyright infringement with respect to material that is
contained in the Service, please notify us as soon as possible at: email@example.com
If any provision of these Terms shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these terms and shall not
affect the validity and enforceability of any remaining provisions. We may assign these Terms,
in whole or in part, at any time with or without notice to you. You may not assign, transfer or
sublicense these Terms or any or all of your rights or obligations under these Terms without our
express prior written consent. No waiver by either party of any breach or default hereunder will
be deemed to be a waiver of any preceding or subsequent breach or default. Any heading,
caption or section title contained herein is inserted only as a matter of convenience, and in no
way defines or explains any section or provision hereof. This is the entire agreement between
you and the Company relating to the subject matter herein. You may not modify these Terms.
limitation, you agree that a printed version of these Terms and of any notice recorded in
electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to these Terms to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.