1. Overstack.io ("We" or "Company" or "Overstack.io" or “Calisar Consulting”) provides cloud-based marketing tools in forms of automations, connectors, extensions and apps ("Services"). These Terms apply to all visitors, users and others who access or use the Services ("Customers"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms.
By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms, please don’t access the Services.
2. Limitation of Liability. The Services is provided on an "as is" and "as available" basis and the use of the Services is at your own risk. Overstack.io makes no representations or warranties, either expressed or implied, with respect to the Services, or any Services or information provided through the Services. Overstack.io is not responsible for any damages, injury or economic loss arising from the use of the content or Services provided by Overstack.io.
In no event will Overstack.io be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Services. Overstack.io, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Services. Overstack.io is not responsible or liable in any manner for any direct or indirect damage or damage in any manner caused as a result of any user's disclosure of information to third parties.
Notwithstanding the above and below mentioned, in no event shall Overstack.io's total liability to Customer or any third party for any damage under this Agreement shall exceed the total management fees paid by such Customer under this Agreement for a period of twelve (12) Months prior to the relevant claim
Overstack.io does not warrant that the Services will be uninterrupted, timely or error free. Overstack.io is not responsible for the accuracy, correctness, timeliness, performance, availability or suitability of the Services or information provided by it, and therefore it is not liable for any damage which may result from the use of the Services.
3. Indemnification. You agree to indemnify and hold Overstack.io, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse Overstack.io with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.
4. Force majeure: Neither party shall be liable to the other party for failure to perform any obligation under this 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.
5. Age of Majority. Overstack.io does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
6. Waiver. No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
7. Entire Agreement. This Agreement, as may be updated from time to time. This Agreement and understanding between the Company and the Customers with respect to the Services and supersedes any other written or oral agreement.
8. Governing Law. The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the state of Israel. You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the state of Israel for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction.
9. Notices. You agree that, unless other instructions are posted on Overstack.io, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Overstack.io posted on the Overstack.io website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
10. Unenforceable Provisions. If any provision of this Agreement is held to be illegal or unenforceable, the remaining expenses will remain in force and enforceable.
11. Miscellaneous. Each party is responsible for its expenses involved in implementing this Agreement. The relationship between Overstack.io and the Customer 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 independent contractors. 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.
12. Subject to all of the terms and conditions herein, Company hereby grants to Customer a non-exclusive, nontransferable, non-assignable, non-sub-licensable license during the term of this Agreement and any Order to use the Supplementary Data solely for Customer’s internal business purposes. Customer shall not transfer the Supplementary Data to third parties, except for service providers and contractors that are bound by confidentiality and use restrictions that prohibit the further disclosure of such data to third parties and prohibit the use of such data for any purpose other than for the benefit of Customer within the license rights granted in this Agreement.
13. Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. Customer agrees that Company shall not be liable to Customer or to any third party for any modification, suspension or discontinuance of the Company Services. Should Company Services be suspended or discontinued, Company shall refund Customer any remaining prepaid service fees by delivering written notice of amounts due to Customer via mail or email and returning payment via check to Customer the billing contact of record, at the Customer address of record.
14. Data Retention: Although Company performs regular routine backups of data, Customer is primarily responsible for all data that Customer has transferred or that relates to any activity Customer has undertaken using the Company Services.
15. Unless specifically notified by the Company and agreed by the Customer, we do not store any PII (Personally identifiable information) or sensitive data. Company may monitor and store users’ usage history for improving and optimizing its products
If you have questions please contact email@example.com or by mail at 12 Rehavat Ilan, Givat Shmuel, Israel.
Last Updated: June 27, 2019