Terms of Use for BeProfit – Profit Tracker

Last Updated: September 2020

 

Become Technological Solutions LTD ("Become", "Company" or "we") operates the BeProfit – Profit Tracker (the "Application").

By registering for using the Application and by accepting these Terms of Use, you agree to be bound by these Terms of Use (the "Agreement") in its entirety and without reservation. As such, this Agreement constitutes a binding legal document between you and the Company.

  1. Acceptance of Terms and Conditions
    • If you do not agree to any of the provisions of this Agreement you should immediately stop using the Application.
    • We reserve the right to amend, modify, update and change any of the terms and conditions of this Agreement from time to time and we will notify you of any such amendment, modification or change by publishing a new version of this Agreement. Any modified version of this Agreement will take effect with immediate effect and your continued use of the Application will be deemed to constitute your acceptance of the changes to this Agreement. It remains your responsibility to ensure that you are aware of the correct, current terms and conditions of this Agreement and we advise you to check for updates on a regular basis.
  2. Scope of Right of Use and Intellectual Property
    • The Company hereby grants you the limited, revocable, non-exclusive, non-transferable and non-sub-licensable right to use the Application and all content derived therefrom, including, but not limited to, the copyright and all other intellectual property rights therein, in connection with the Application in accordance with this Agreement. The Application's code, structure and organization are protected by intellectual property rights. You must not:
      • copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise;
      • sell, assign, sublicense, transfer, distribute or lease the Application;
      • make the Application available to any third party through a computer network or otherwise.
    • The terms of this Agreement will govern any upgrades provided by the Company that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.
    • The brand names relating to the Application and any other trademarks, service marks and trade names used by the Company or on its own behalf from time to time (the “Trademarks”) are the trademarks, service marks and trade names of the Company or one of its group companies or its licensors and these entities reserve all rights to such Trademarks.
    • In addition to the rights in the Trademarks, the Company (or one of its group companies or licensors) owns the rights in all other content, including but not limited to the images, pictures, graphics, photographs, animations, videos, music, audio and text available via the Application (the “Content”) and the Content is protected by copyright or other intellectual property rights.
    • You hereby acknowledge that by using the Application you obtain no rights in the Trademarks, the Content, patents, trade secrets and/or any other intellectual property rights in the Application and those are and will remain solely the property of the Company and/or the Company’s licensor and you may only use the same in complete accordance with this Agreement.
    • You acknowledge and agree that all right, title, and interest to, and all copyrights, patents, trade secrets and/or any other intellectual property rights in the Application are and will remain solely the property of the Company and/or Company’ licensors. Licensee is granted no title or ownership rights in the Application, in whole or in part. You acknowledge that Company considers the Application to contain trade secrets of the Company and/or its licensors. Such trade secrets include, without limitation, the source code version of the Application, the specific design, structure and logic of individual programs, their interactions with other portions of programs, both internal and external, and the programming techniques employed therein.
  3. Your Representations and Undertakings
    • You understand, acknowledge, and agree that your access or use of the Application constitute consent to Company’s Privacy Policy.
    • You shall use our Application in complete accordance with the terms and conditions of this Agreement, as amended from time to time.
    • The Company shall not be responsible for any telecommunications networks and Internet access services and other consents and permissions required in connection with your use of the Application. The Company shall not be responsible for any access and service fees necessary to connect to the Application and assume all charges incurred in accessing such systems.
    • You will not transmit to or in any way, whether directly or indirectly, expose the Company or any of the Company’s online service providers to any computer virus or other similarly harmful or inappropriate material or device.
    • You shall not use any electronic communication feature of a service on the Application for any purpose that is unlawful, tortuous, abusive and intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
  4. Shopify Terms
    • Become, and not Shopify, is responsible for the Application.
    • Shopify is not liable for any fault in the Application or any harm that may result from its installation or use.
    • Except where expressly stated by Shopify, Shopify cannot provide assistance with the installation or use of the Application
    • Subject to the terms of the Agreement, Become is solely responsible for any liability which may arise from your access to or use of the Application, including: (A) the development, use, marketing or distribution of or access to the Application, including support of the Application; or (B) Become’s access, use, distribution or storage of your data.
  5. No Warranty
    • THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE APPLICATION, OR NON-INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE APPLICATION LIES WITH YOU.
    • THE COMPANY MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION IS FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE APPLICATION.
    • IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING TO THE APPLICATION OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR DEVICE, THE COMPANY SHALL IN NO WAY BE LIABLE TO YOU AND THE COMPANY RESERVES THE RIGHT TO TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS (IF ANY) SAVE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.
    • THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE APPLICATION.
    • YOUR RELIANCE ON, OR USE OF, ANY SITE CONTENT OR INTERACTION WITH ANY THIRD PARTY FEATURED ON THE APPLICATION, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY AS A RESULT OF, OR ARISING FROM YOUR USE OF THE SITE, YOU AGREE THAT THE COMPANY IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH DISPUTE.
    • We may receive a referral fee as a result of displaying third party providers on the Application. The Application does not necessarily include all types of products or services available in the marketplace. We do not guarantee that the Application displays the best possible rates and terms available in the market.
  6. Limitations of Liability
    • You agree that you are free to choose whether to use the Application and do so at your sole option, discretion and risk.
    • TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
    • You confirm that the Company shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Application.
  7. Fees
    • We may offer a free trial period for users of the Application. We will inform you of the duration of the trial period upon registration. Once the free trial period ends, we will begin billing you for our Application membership fees, unless you cancel prior to the end of the free trial period.
    • In order to prevent interruptions in service, we will use a recurring payment structure where payments automatically renew until canceled by the customer. Your monthly subscription, which may start with a free trial, will continue month-to-month unless you cancel your subscription. We will bill the monthly fees to your selected payment method. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fees to your payment method. If you no longer wish to continue your monthly subscription, you must cancel it. Doing so will stop any recurring payments. You will retain access for the remainder of the current subscription period. (e.g. If you’re on a monthly subscription and you cancel halfway through your month, you will retain access for the duration of that month for which you’ve already paid). You will not be charged any subscription fees after your cancellation date. To cancel your subscription, simply uninstall the Application, which will automatically terminate this Agreement and the payment of additional fees.
  8. Duration and Termination
    • This Agreement shall come into force immediately upon using the Application and shall continue in force unless terminated in accordance with the terms below.
    • The Company reserves the right to suspend the operation of the Application or any part thereof upon its sole discretion without giving notice of suspension to you.
    • You may end this Agreement with the Company at any time by discontinuing your use of the Application and removing it from your device.
  9. Governing Law
    • This Agreement and the relationship between the parties shall be governed by, and interpreted in accordance with, the laws of Israel.
    • Any dispute between the parties which is related to this Agreement or the Application shall be brought exclusively to the courts of Tel-Aviv, Israel.
  10. General
    • If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
    • No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
    • Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
    • Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and the Company.
    • This Agreement contains the entire agreement between the Company and you relating to your use of the Application and supersedes any and all prior agreement between the Company and you in relation to the same.
    • The Company reserves the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, in the event of a reorganization of the corporate group in which the Company exists or in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in.
    • You may not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under this Agreement.
    • If you have any questions, complaints or comments about us or the Application, please contact us via email support@become.co.