Terms of Service

Last updated: November 27, 2014

These terms of service together with the privacy policy (available at: https://brow.si/privacy) and any other specific agreement you have with Brow.si (collectively, the “Agreement”) govern your access to and use of Brow.si platform (“Brow.si”, “we” or “our”), including our website (located at: brow.si), widgets, technology and related services (collectively or in separate, the “Services”, as further detailed below), so please carefully read this Agreement before using our Services.

By using our Services you agree to be bound by this Agreement. If you are using the Services on behalf of an organization or other entity, you are agreeing to this Agreement on behalf of that organization or entity and you warrant and acknowledge that you have the authority to bind that organization or entity to this Agreement. In that case, “you” and “your” will refer to the organization or entity on behalf of which you are using our Services.

Please note that you may use the Services only in compliance with the terms and condition of this Agreement. You may use the Services only if you have the power to form a legal agreement with Brow.si and are not prevented under any applicable laws from doing so. Please also note that the Services may continue to change over time as Brow.si continues to innovate, adding more features and enhancing the platform. We may stop, suspend, or modify the Services at any time without advance notice to you. We may also remove any content from our Services at our discretion.

1. Your Relationship with us

Your use of our Services and any related technology, script, code and creative therein, (including adding further features, widgets, layers or tools) will be made only to the extent and scope permitted under this license Agreement or any additional agreement you have with us.

By using or accessing the Services, you agree to be bound by this Agreement. Please take the time to read this Agreement and come back to review its terms and conditions from time to time as we reserve the right to change them periodically without advance notice to you (save for material changes, as further detailed in section ‎5).

2. License

2.1.
Subject to the terms and conditions of this Agreement, we hereby grant to you a limited, non-commercial, fully revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable license, during the term of this Agreement to: (a) access and use the Services only to be embedded and integrated within your website’s Javascript® code; (b) implement and distribute the Brow.si Platform as part of your website(s); and (c) use the Content included therein. For this matter, Content defined as any text, logo, button icons, images, data compilations, code, designs, links, data, graphics and other features included in the Services. You may not make any use of the Services, in whole or in part in any manner not expressly permitted under this Agreement or any other agreement you may entered with us.
2.2.
You, or any person or entity acting on your behalf, may not: (a) copy, modify, execute or perform publicly, make available to the public, reduce to human readable form, emulate, sell, resell, lease, rent, lend, sublicense, make any commercial use, process, adapt, translate, modify, reverse engineer, combine with any software or application (other than as expressly permitted under this Agreement), decompile, disassemble or create derivative works of any material that is subject to our Intellectual Propriety Rights, including the platform, the Services and/or Content therein or any part thereof; (b) make any use of the Services or any part thereof on any other application, website or network environment for any purpose, replicate or copy the Services or any part thereof other than as expressly permitted hereunder; (c) disrupt the operation of the Services, or the servers or networks that host and/or connect with the Services and/or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; and (d) use the Services in any unlawful manner, for any unlawful manner, or in any manner inconsistent with the terms and conditions of this Agreement.
2.3.
You agree that we may, now or in the future feature different marketing of promotional campaigns via the Services. For that purpose, you agree to grant us a limited, worldwide, non-sublicensable, non-exclusive license to integrate the Widget and make the Brow.si Platform available to end users.
2.4.
Any right which is not expressly granted herein is reserved by us.

3. Registration and Account Management

3.1.
The Services are offered to you free of charge (unless you expressed your desire to enter into specific agreement with us where we can offer additional services on top of the Widget integration). Some of the Services will be available only upon registration and launching of an account via the Site. The account is personal and may not be utilized by others. You agree to maintain your login details in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently and at least once every six months.
3.2.
Brow.si may offer you enhanced and additional Services for a fee, may charge fees for the current Services provided to you for free and/or get to a cooperative agreement with you for utilizing additional services. Should you elect to enjoy any of these enhanced or additional Services, your account may be converted to a premium account. The scope of enhanced and additional Services provided to you as a premium account holder will be determined by a specific agreement we will have with you.

4. Permission to use the Services

Brow.si hereby grants you permission to access and use the Site and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of this Agreement on your part:

4.1.
In order to use the Services, you must submit certain information which must be accurate and updated. It is being clarified that the information will be kept and maintained by Brow.si according to the provisions of this Agreement (and the Privacy Policy available at: https://brow.si/privacy).
4.2.
You must be 18 years or older to use the Site and the Services.
4.3.
You are responsible for any activity that occurs under your user name.
4.4.
You are responsible for keeping your password current and secure.
4.5.
You may not use the Site or the Services for any illegal or unauthorized purpose. International users agree to comply with all applicable laws regarding online conduct and acceptable content.
4.6.
You are solely responsible for your conduct and content provided via your website or application including (without limitation) any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links either provided by you or by 3rd parties (“Publisher Content”).
4.7.
You must not engage with or transmit any worms, viruses, malware, spyware, Trojan or any code of a destructive nature.
4.8.
You must not violate any applicable laws, regulation or best practices in connection with the Services or the Site (including the Brow.si Content included therein).
4.9.
You must not infringe any patent, trademark, trade secret, copyright, right of publicity, ownership, or any other right of any other person or entity.
4.10.
You must not collect or harvest any personally identifiable information, including, without limitation, account names, e-mail addresses and other end-user information from the Site without your end users’ consent.
4.11.
You must not post or upload any Content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive or profane.
4.12.
You may not use the Services or the Site in any manner that may reflect poorly on Brow.si or damage Brow.so reputation and good will.
4.13.
You must not circumvent, disable or otherwise interfere with any security related features of the Services or of the Site.
4.14.
You must not make any alterations to the Services or the Brow.si Content, including but not limited, the removal or attempted removal of any media which has been added and incorporated into the Services by Brow.si through which Brow.si or certain third parties transmit information and display advertisements or promotional offers. Violation of this section ‎4.14 shall constitute a material breach of this Agreement.

5. Changes to the Services and to this Agreement

5.1.
Brow.si is constantly innovating in order to provide the best possible experience for its users and their end users. We reserve the right (but have no obligation to do so) to modify, correct, amend, enhance, improve, make any other changes to, suspend or discontinue, temporarily or permanently, the Services, the Content and the Agreement (or any part thereof), suspend or terminate your account (the "Changes") with or without notice, at any time and for any reason.
5.2.
If we make any material change we will post notification of the Changes on the Site (or otherwise notifies you as state in specific agreement you have with us).
5.3.
You may stop using the Site or the Services at any time, and without any specific notice to Brow.si (unless any specific agreement you have with us states otherwise). If you would like your data to be erased please contact us at support@brow.si. You agree that we will not be liable to you or to any third party for any Changes whatsoever, and that your only recourse shall be to promptly cease using the Services and any part thereof and to stop using Brow.si in any manner whatsoever. Your continued use of the Services (or any part thereof) following any such Changes will constitute acceptance of, and agreement to be bound by, the changes Agreement or Changes.

6. Intellectual Property Rights

Brow.si hereby grants you permission to access and use the Site and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of this Agreement on your part:

6.1.
The Content included in the Site and Services, including without limitation, logos, icons, trademarks, service marks, designed and general “look and feel” contained therein, are owned by or licensed to Brow.si, subject to copyright and other intellectual property rights under United States and/or Israel and/or United Kingdom and foreign laws and international conventions.
6.2.
Content on the Site and which is provided on or through the Services is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, unless such use is permitted specifically herein or by any agreement or license granted to you by Brow.si.
6.3.
Brow.si reserves all rights not expressly granted in the Site, Services, Content and any Intellectual Property Right included therein. You agree to not engage in the use, copying, or distribution of any of the content therein other than expressly permitted herein.
6.4.
You agree not to circumvent, disable or otherwise interfere with security related features of the Site, the Services or features that prevent or restrict use of copying of any content or enforce limitations on use of the Site or the Services.
6.5.
Any right related to Publisher Content included in your website or application is retained by you and is under your responsibility

7. The Site

7.1.
Your use of the Site shall be in accordance with this Agreement (as applicable) and with any and all procedures, forms, formats, displays and operating times which may be determined, specified or modified by Brow.si in its discretion.
7.2.
The Site and the Services may include hyperlinks to other websites or platforms, and the possibility to launch or otherwise initiate certain applications that may not be owned or controlled by Brow.si. Brow.si has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or video or other sessions.
7.3.
The Site and Services may be supported by advertising revenue and therefore may display advertisements and promotions at our discretion. These advertisements may be targeted to the content or information received from you and from anyone who uses the Site or the Services or other pertinent information.
7.4.
You acknowledge and agree that Brow.si is not responsible for the availability of any such external sites, sessions or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources, as may appear in the Site or the Services.
7.5.
You acknowledge and agree that Brow.si is not liable for any loss or damage which may be incurred by you or any third party as a result of the availability of those external sites, sessions, applications or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites, sessions or resources, as may appear in the Site or Services.

8. Termination

8.1.
Brow.si may terminate your account in its sole discretion if it deems that you act in a manner which is unlawful, offensive, threatening, libelous, defamatory, obscene, non-compliant or otherwise objectionable or in violation of this Agreement.
8.2.
Violation of any of these agreements may result in the termination of your account and the possible forfeiture of any products developed for you by Brow.si. Brow.si reserves the right to deny and block your access to the Services and to any products developed by Brow.si.
8.3.
You agree that you are solely responsible (and that Brow.si has no responsibility towards you or towards any third party) for any breach of your obligations under this Agreement Terms and for the consequences (including any loss or damage which Brow.si, its affiliates or any third party may suffer) of any such breach.

9. Disclaimer of Warranty

9.1.
Brow.si provides the Site and Services on an "as is" and “as available” basis and without any warranty or condition, express, implied or statutory. We make no representation or warranty regarding the use, inability to use or operate the services or the results of the user or the services or any content, features, third party content that may be included therein. Brow.si specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, information accuracy, or quiet enjoyment including in connection with your website, application or any other Internet product with which you make use of the Services. Brow.si is a B2B service and makes no representation or warranty of any kind regarding your website’s applications or other Internet product’s end users, nature or Publisher Content.
9.2.
The Services, the Site and/or the Content may include inaccuracies or errors. We do not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the content, the services and/or site.
9.3.
You understand and agree that you use the Services, Site and the Content at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. Under no circumstances shall Brow.si be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever (however arising, including by negligence), including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension, or termination of the Services, the Site or the Content, damages incurred through any links provided on the Services or Site and/or the nonperformance thereof and damages resulting from loss of use, sales, data, goodwill or profits, whether or not Brow.si has been advised of such possibility. Your only right with respect to any dissatisfaction with the Services or Site shall be to terminate your use.

10. Limitation of Liability

In no event shall Brow.si, including its officers, directors, shareholders, employees, sub-contractors, affiliates and agents be liable for any damages whatsoever arising from or in connection with your use of the Services, Site or Content, including, but not limited to, direct, indirect, special, incidental or consequential damages of any kind, whether in an action of contract, negligence or other tortious actions resulting from or arising out of the content and/or services or the use or inability to use the Services or Site, or failure of the Services or Site as represented or expected, loss of goodwill or profits, the performance or failure of Brow.si to perform under this Agreement, and any other act or omission of Brow.si by any other cause whatsoever; or based upon breach of warranty, breach of contract, negligence, strict liability, or any other legal theory, regardless of whether Brow.si has been advised of the possibility of such damages, whether any damages or loss were incurred by you, an end user or any other third party.

11. Indemnification

You agree to indemnify and hold harmless Brow.si and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with: (a) your use of the Site, the Services and the Content; (b) the nature of or Publisher Content included within your website, application or Internet product; (c) your (or anyone on your behalf), online conduct, breach of this Agreement or any license provided to you therein.

12. General terms

Brow.si hereby grants you permission to access and use the Site and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of this Agreement on your part:

12.1.
This Agreement, together with any specific agreement entered between you and us (as applicable) constitute the whole legal agreement between you and Brow.si and govern your use of the Site and the Services
12.2.
Brow.si and you are independent entities, and nothing in this Agreement, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Brow.si and you.
12.3.
You agree that if Brow.si does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Brow.si has the benefit of under any applicable law), this will not be taken to be a formal waiver of Brow.si's rights and that those rights or remedies will still be available to Brow.si.
12.4.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.
12.5.
No other person or company shall be a third party beneficiary of this Agreement.
12.6.
This Agreement, and your relationship with Brow.si under the terms and conditions of this Agreement, shall be governed exclusively by the Israeli law. Any claim or dispute between you and Brow.si that arises in whole or in part of the Agreement (including the Site or the Services) shall be decided exclusively by the authorized courts of the State of Israel in the District of Tel Aviv-Jaffa. Notwithstanding the aforesaid, you agree that Brow.si shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

13. Contacting us

If you have any questions regarding this Agreement or the Site or Services, please contact us by e-mailing us at support@brow.si.