1. Overstack provides cloud-based marketing tools in forms of automations, connectors and apps ("The Services").
2. Overstack warrants and represents that:
3. Notwithstanding any other provision, Oberstack shall indemnify Customer and anyone on its behalf, without any claim against it, as a result of breach of any of Overstack's obligations or representations. The Client shall give notice in writing of any claim within seven days from the date of receipt of any claim or reason to believe in such obligations and representations.
4. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, EXPRESS OR IMPLIED, AND ANY CANCER AGAINST THE COMPANY, Contract, tort, eviction, evacuation, or otherwise. Overstack does not warrant that the Services from the Platform and the Application will be uninterrupted, timely or error free. Overstack is not responsible for the accuracy, correctness, timeliness, performance, availability or suitability of any service or information provided by it, and therefore is not liable.
6. IN NO EVENT SHALL ANY SPECIAL, CONSEQUENTIAL, CONSEQUENTIAL OR INDIRECT DAMAGES BE LIABLE TO ANY PARTY, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS OR LOSS OF REVENUES ARISING OUT OF YOUR USE OR INABILITY TO USE THE Platform AND / Whether caused or by any theory of responsibility. This exclusion includes any liability that may arise from third party claims against the user. Overstack is not responsible or liable in any manner for any direct or indirect damage or damage in any manner caused, if any, as a result of any user's disclosure of information to third parties. Except in connection with a claim of copyright infringement and / or breach of confidentiality, in no event shall Overstack's total liability to Customer or any third party for direct damages under this Agreement exceed the total management fees paid by Customer under this Agreement twelve (12) (Months prior to the relevant claim).
7. Security: In the event of any act, error or omission, negligence, misconduct, or breach that comprises or is suspected to compromise the security, confidentiality, or integrity of Customer Data or the physical, technical, administrative, or organizational safeguards put in place by Overstack that relate to the protection of the security, confidentiality, or integrity of Customer Data, Overstack shall, as applicable: (a) notify Customer as soon as practicable but no later than forty eight (48) hours of becoming aware of such occurrence; (b) cooperate with Customer in investigating the occurrence, including making available relevant records, logs, files, data reporting, and other materials required to comply with applicable law or as otherwise required by Customer; (c) perform or take any other actions required to comply with applicable law as a result of the occurrence; and, (d) provide to Customer a plan within ten (10) calendar days of the occurrence describing the measures Overstack will undertake to prevent a future occurrence.
8. Confidentiality: Each party shall protect the other's Confidential Information from unauthorized distribution and shall use the same care as this Party to protect its information, but in no case shall it be less than reasonable. Neither party shall disclose to third parties the Confidential Information of the other without the prior written consent of the other party. Neither party shall use the other's Confidential Information for other purposes unless it is necessary to promote the purposes of this Agreement directly. Notwithstanding the foregoing, each party may use or disclose confidential information if such person is legally required to disclose such confidential information; Provided that prior to such forced disclosure, the Informant Party shall notify a non-disclosing party and cooperate fully with the Party not disclosing protection of such disclosure and / or obtaining a protection order limiting the scope and / or use of the Confidential Information. The Parties agree that any breach of this Article may cause irreparable damage to the Disclosure Entity, for which financial damage can not be sustained and therefore the Parties agree that in the event of a breach of this Article 7, the Party disclosing fair remedy may, in addition to any other remedies that may be subject to it Or by law.
"Confidential Information" means: (i) any object form and source code and any technology, ideas, algorithms or any trade secrets, technical drawings, knowledge, formulas, processes, inventions (whether patented or not), and technological, business, financial , Customers and products for development, forecasts, strategies and information; (ii) information and business plans or third parties; And (iii) the terms of this Agreement. Confidential information shall not contain information that the receiving party may display: (a) it is or is generally known or publicly available without any fault of the receiving Party; (B) is known by the receiving party prior to its disclosure, or as evidenced in the business records, and is not subject to restriction; (C) is duly obtained by a third party who has the right to disclose such disclosure; Or (d) independently developed by a Party without using the Confidential Party's Confidential Information.
9. Availability: We try to make our service available 24 hours a day, 7 days a week, except planned down maintenance time.
10. Force majeure: Neither party shall be liable to the other party for failure to perform any obligation under any agreement arising out of an event not under the control of that party, including but not limited to any law of God, terrorism, war, political insurrection, Uprising, civil disturbance, act of civil or military authority, insurrection, earthquake, flood or any other natural person or person ultimately made out of our control, which causes the termination of an agreement or contract entered, and could not have been foreseen. Any party affected by such event shall notify the other party of the same and use all reasonable efforts to comply with the terms and conditions of any agreement contained in this document.
11. The laws of the State of Israel determine the terms and conditions. By accessing and using the Services you agree to these Terms and Conditions and to the exclusive jurisdiction of the courts in Israel in all disputes arising out of this approach. If any of these terms are considered invalid or unenforceable for any reason (including, but not limited to, the exceptions and limitations set out above), then the provision is invalid or unenforceable, and the remaining terms will continue to apply. Failure by the Company to enforce any provision set forth in these Terms and Conditions and any agreement or non-performance of any termination option shall not be construed as a waiver of these provisions and shall not affect the validity of these terms and conditions or any agreement or any part thereof or the subsequent right to enforce any provision . These terms and conditions shall not be modified, modified, modified or supplemented except in writing and signed by authorized representatives of the Company.
13. DISCLAIMER: Failure by any party to insist on strict compliance with any provision of this Agreement or any agreement or failure of any party to exercise any right or remedy which he or she is entitled to below shall not constitute a waiver of this and shall not result in a reduction in liabilities Under this Agreement or any agreement. There is no waiver of any provision of this Agreement or any other agreement unless expressly stated that it is signed by both parties.
14. Miscellaneous. Each party is responsible for its expenses involved in implementing the agreement. The relationship between Overstack and the client will be of independent contractors. Neither party has the authority to bind the other party or to derogate from any obligation to the other party or to represent itself as an agent of the other or in any manner likely to cause confusion as to the fact that the parties are separate and separate entities. Waiver by any of the provisions of this Agreement shall not be construed as a waiver of this provision. Each Party shall retain the right to enforce any such provision in a later breach. If any provision of this Agreement is held to be illegal or unenforceable, the remaining expenses will remain in force and enforceable. The Parties shall comply with all applicable laws, regulations, regulations and codes. This Agreement constitutes the full, complete and exclusive statement of the agreement between the parties relating to this matter and supersedes and cancels all previous and written agreements between the parties in connection with this matter. This Agreement shall not change in any way other than through a written instrument signed by both Parties. Any provision of this Agreement that, to fulfill the purposes of these provisions, should survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill the purposes.
Overstack may change this policy. If we make changes to this policy, we will change the "Last Modified" date below. If there are material changes to this policy, we will notify customers via email.
If you have questions please contact Overstack at admin(at)overstack.io or by mail at 55 Shalom Alicham St., Tel-Aviv, Israel.
Last Updated: June 20, 2018