Terms of Service

Product Description

Twik’s activity encompasses conducting adaptive multivariate testing which in turn, delivers content to your users that is customized on their preferences and behavioral patterns, thereby fostering a providing your users with tailored content, based on their active interests & behaviors, creating an attractive environment that will stimulate conversion rates and sales. Twik has created a unique algorithm that is able to test more than 30 KPI’s derived from actual activity and browsing behavior, which are not founded on data managed services. In addition, Twik has developed an effective tool that allows you to analyze your audience for valuable information. Featuring KPIs such as bounce rate, exit rate, views and more, this program is a complete solution that offers everything you need in a web optimization and analytics platform.

Terms of Service Agreement

1.

Data that Twik may store is independent to the client’s core database and backend, including data that has been stored as black box or via our cloud solution. Twik gathers exclusively statistical data, in addition to event tracking and other BI parameters. Therefore, Twik is not responsible for retaining or archiving any data, or liable for potential loss of data or storage problems.

2.

Client is aware and concurs that subscriptions or beta releases are provided in their present condition and availability at the time and without any guarantee, servicing, storage, SLA, or security duties of any nature. In regards to beta releases, the customer is also aware and in agreement that beta releases may not be comprehensive or entirely functional due to the presence of bugs, oversights, errors and other issues for which Twik will not be held accountable. As such, the implementation of beta releases occurs at the sole risk and responsibility of the customer.  Twik is not and may contain bugs, errors, omissions, and other problems for which Twik will not be responsible. Accordingly, any use of beta releases is at customer’s sole risk. Twik is not in any way contracted to develop or release future beta releases to be made available under existing or any other commercial terms. Twik hold the right to, at their sole discretion, with or without cause, deny a Customer the permission to use beta releases without being held liable.

3.

Client hereby agrees and is aware that Twik Product or Services licensed hereunder is currently the beta phase of development and will be offered in its current state and availability at the time of release, as well as being exempt from any warranties, whether they be explicitly stated or implied, including but not limited to: warranty of the product being fit for market, non-violating, accurate, comprehensive and suitable for a particular function. Regardless of any contrary statement in this document or elsewhere, Twik will not, under any circumstances be held responsible for any damage whatsoever that may occur as the result of a client’s using Twik Beta Product or Service or their inability to do so. Client is completely aware and agrees that the Client holds full and sole responsibility for any risks or damages that may be experienced as the result of implementing or operating a Twik Beta Product or Service.

4.

For the purpose of complying with GRPR terms, Twik employs gated pixels to namelessly sort user profiles on selected sites and social networks. The Client retains sole responsibility of making their users aware of the use of gated pixels within their own term of service. The client is solely and entirely responsible for any subsequent litigation, complaints or legal claims that may be occur.

5.

In executing the Services, Twik will:

a.

Deliver quality services with the upmost care, conscientiousness  and ability that a realistically sensible individual would display in a similar scenario; communicate with the client  by way of the client’s coordinator in relation to topics that encompass the use of, troubleshooting and problem solving of errors in the Service; however, this communication with exclude assistance in the form of training;

b.

Issue invoices for Services rendered to the client in compliance with the terms outlined in this document;

b.

Pending the client’s reasonable guidelines, conduct disposal of the client’s data and supplies on the occasion of expiration or dissolution of the Agreement.

6.

Reasonable efforts to promptly rectify errors: Twik declares that any errors for which Twik is entirely and directly responsible will be attended to with commercially reasonable attempts to develop a solution, pending the availability of necessary information and will be financed by Twik; Otherwise, Twik has the option of applying a Service credit to the client that is of a value equivalent to the amount that would have been billed to rectify the service error;  Service credits of this nature are reserved exclusively for errors that arise as the result of a Twik software and system malfunction or by fault of   Twik’s personnel during execution of the Service. In order to qualify for an error correction or potentially attain a Service credit, the client is obligated to directly notify Twik of the errors in written form within 30 days of receiving the Services that they are reporting as containing errors.

Client Declarations

Client declares and guarantees to Twik that:

7.

Information that the client has submitted for the purpose of registering an account with Twik is truthful and the client is compliant with and will continue to conduct themselves in a manner that adheres to all relevant law, including privacy laws, as determined by the local legal regulations at their primary place of business.

8.

Any gathering and use of information collected by websites or stored on any Twik server has and will continue to be accompanied by obligatory privacy consents obtained by the client.

9.

By using the services and  agreeing to the terms this agreement, the client acknowledges and accepts the responsibility of ensuring that they do not gather and/or retain etc. any information regarding their end users and of the following nature:

(i)

medical data or information related to user’s health

(ii)

personal information that can identify a user;

(iii)

official government-issued ID documents; and

(iv)

financial data pertaining to bank account, payment card details etc.

Twik Represents, Declares, & Warrants

10.

It possesses the necessary technological and It has the requisite technical proficiency, expertise, abilities, capacity and capability needed  in order to professionally operate Twik and/or provide the client with guidelines of operation effectively.

11.

They are not aware of any existing constraints, contractual or statutory obligations that could potentially inhibit or limit Twik in their endeavor to fulfill all of the responsibilities outlined in this Agreement, as well as execute the Service within the period stated.

12.

By executing this Agreement and fulfilling requirements, Twik will not breach any of  Twik’s existing obligations whether they are contractual or implied.

Provision of Service

In order to apply Twik to the best of its capability, the Client agrees make available:

13.

Approval for Twik to modify content with the goal of customizing and optimizing for best results, and facilitate direct communication with relevant parties, eg. your web designer to achieve this.

14.

Grant unrestricted access to any existing logs and statistics pertaining to website traffic and allow them to be analyzed and tracked on behalf of Client.

15.

Permission to use client images, brand material website graphics and photographs, marketing material etc. to be used in compliance with the terms of this Agreement and as considered to be essential in order for Twik conduct multivariate testing purposes.

LEGAL

16.

By agreeing to the term of this agreement, the Client accepts and will comply with the guidelines outlined in ‘Twik's Privacy Policy’.

17.

With the exception of any accountability stated above, under no conditions shall Twik, our collaborators, partners, subcontractors or agents be held liable for any of the following, even in the event of receiving notice of the  prospect of their occurrence  and in any given form, whether in contract, warranty, strict liability or tort, including, without limitation, negligence of any kind, active or passive:

i.

Claims against the client filed by a third party

ii.

Any interruptions, reparations or service disruptions that arise due to a party other than Twik or our affiliates, agents or subcontractors, or

iii.

Inactivity of the services due to the inability of your equipment or applications to perform

iv.

Acceptance of this Agreement constitutes that the client agrees to shield Twik from any responsibility or claim that may arise.

The Client declares that they will adopt sole responsibility and indemnify Twik in the event that any of the mentioned or other claims are made.

18.

The Client’s brand assets such as text, logos, graphics images etc. used by Twik remain the obligation of the client. The client agrees to retain full responsibility and shield Twik from any claims raised in reference to such material.

19.

Twik holds the right to reject offering their service or terminate existing services for reasons that include but are not limited to: Inappropriate websites according to Twik, including those considered to be pornographic, any Client that owns websites that are party to a domain dispute, late or non-payment of service invoices, promotion or sale of a product or service that is illegal by a Client. The Client may choose to dissolve this Agreement if it is proved that Twik has not delivered the services specified within this document and in that instance, the Client will be entitled to a refund of any remaining subscription charges.

20.

This Agreement is regulated by the governing laws of Israel and will be upheld and interpreted as such in the event of any claims or disputes.