Terms of Use
1. INTRODUCTION
Tymely A.I. Ltd. (“Tymely“, or “We” or “Us“) operates an internet website located at Israel and the USA (the “Site”) which allows its users (“You” or “User“) to connect Tymely and contact Tymely in order to obtain Tymely’s service which allow companies to automatically resolve their customer support tickets via AI technology services (the “Services“).
These terms of use (“Terms and Use“), together with the Privacy Policy (which is available at https://www.tymely.ai/privacy/ – “Privacy Policy“) constitute the entire agreement between You and Tymely in relation to Your use of Our Services.
Please read these Terms of Use carefully. By subscribing to, logging in, or otherwise using the Services, or using any part of the Site You agree, without limitation, to the Terms of Use and Privacy Policy. If You disagree with these Terms of Use and/or Privacy Policy and/or any condition thereof, please do not access the Site or use the Services.
By accepting the Terms, you also accept the privacy practices of the Privacy Policy. This means you grant us your consent to: (i) transmit your data to the service providers indicated in the Privacy Policy; and (ii) store your customer data for the purposes and durations explained in the Privacy Policy.
Please be aware that you are free to withdraw your consent at any time with future effect. For further information, please refer to the Privacy Policy.
Tymely reserves the right to change, alter, replace or otherwise modify these Terms of Use (including the Privacy Policy) at any time. Tymely shall post a notice with respect to any updates in the Terms of Use. You are advised to review the Terms of Use regularly for any changes. Your continuance of use of the Site and/or the use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
The Terms of Use apply to the access and use of the Site and the use of the Services contained therein via any computer, cell phone or any other communication device.
In the Terms of Use, anything that appears in a masculine form shall also mean the feminine form and vice versa.
The introduction to the Terms of Use is an integral part of the Terms of Use.
2. TERMS OF USE
You are entitled to access the Site and to use the Services subject to the provisions of the Terms of Use.
You declare that you are an individual either 18 years of age or more, have a capacity to engage with Us in the Terms of Use and take full responsibility for the use of the Site and the use of the Services. You may not use any of the Services if you are under the age of 18. By using the Services and approving the Agreement and the Privacy Policy, You also approve that You understand that the services provided are not intended for children under the age of 18 and addressed solely to a natural person who is at least 18 years old.
You undertake to refrain from taking the following actions in relation to the Site and/or the Services:
Accessing or using the Site or the Services in an illegal manner or with the intention to violate any applicable law or in any manner prohibited by the Terms of Use;
Making any alteration, modification or changes to the Site;
Interfering with the Site or Services design, source code or any element of the Site or the Services;
Inappropriately using the intellectual property rights of any third party;
Removing or obscuring any proprietary notices on the Site;
Attempting to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Tymely’s server, or to any of the Services offered on or through the Site, by hacking, password “mining”, or any other illegitimate means;
Using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy reverse engineer, disassemble, monitor, decompile or otherwise attempt to discover any portion of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
Probing, scanning or testing the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
Using the Site to distribute copy, reproduce, transmit, publicly display, publish, edit or create derivative works from any content that contains pornographic material, violent expressions, defamation, slander and hate speech, bullying and harassment including content that directly attacks people or shaming them based on their race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender, or gender identity, or serious disabilities or diseases;
Using the Site in a manner which is not in accordance with Tymely’s Privacy Policy, with the Terms of Use and with all applicable laws and regulations (including without limitation any local laws or regulations in the user’s country, state, city, region, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data from the country in which You reside and privacy laws and regulations).
Tymely reserves the right to prevent a user who has violated any provision of the Terms of Use from accessing or using the Site or accessing the Services.
Tymely reserves the rights to change, suspend or discontinue the Site or the Services at any time, including the availability of any feature, database, or content. Tymely may also impose limits on certain features and services or restrict the user’s access to parts or all of the Site or the Services without notice or liability.
3. PURCHASES
All Services and/or pricing and/or any Content regarding the Services offered on the Site are subject to changes, at the sole discretion of Tymely. All Orders shall be subject to confirmation of the final price agreed by Tymely and You.
Tymely reserves the right to accept or decline or cancel an order of the Services at any time after an order has been made by You for any reason.
4. INTELLECTUAL PROPERTY
The User hereby acknowledges and agrees that all intellectual property rights, including without limitation copyrights, patents, logos, trademarks, and trade secrets, made available by Tymely through the Site or via the Services are owned by Tymely. The User’s possession, access, and use of the Site or the Services do not transfer to the User or any third party any rights, title, or interest in or to such intellectual property rights. Tymely and its affiliates and suppliers reserve all rights not granted explicitly in the Terms of Use.
The User represents and warrants that: (i) with respect to all information it provides to Tymely and/or it transmits or uploads to the Services (such as, personal information of Mobile Subscribers including names, phone numbers, email addresses) the User has the full right and authority to make such provision and to allow Tymely to be exposed to such information via the Site or the provision of the Services (ii) none of the content transmitted, uploaded or otherwise distributed by it (or its partners or any third party) through use of the Site or the Services will infringe or otherwise conflict with the rights of any third party.
In case the User chooses to opt-out from the Site, or in case the Service is terminated in accordance with Tymely decision, Tymely may, but is not obligated to, maintain the User’s information for a period of 6 (six) months following the termination. After the said 6 (six) months period Tymely shall delete this information. If the User wishes to delete their information sooner, they must contact Tymely and ask for such deletion.
5. PRIVACY
Tymely current privacy policy is available at https://www.tymely.ai/privacy/ , which is incorporated by this reference. Please review carefully the terms of the Privacy Policy.
By using the Services, you signify your assent to the privacy practices of the Privacy Policy and its provision. This means that you grant us your consent to:
Store your data outside of the European Economic Area for the purposes and durations explained in the Privacy Policy;
Transmit your data to the service providers indicated in the Privacy Policy;
Communicate with you about Tymely, Tymely products and services, including special offers about Tymely.
6. DISCLAIMER
THE SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND SERVICES ACCESSED THROUGH OR VIA THE SITE OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILE TYMELY USES REASONABLE PROTECTION TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE OR THE SERVICES AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO TYMELY’S ATTENTION, TYMELY MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESSED OR IMPLIED) REGARDING THE SERVICES, THE SITE OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. TYMELY DOES NOT WARRANT THAT THE USER USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY PART OR PARTS THEREOF, WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TYMELY AND ITS SUBSIDIARIES OR AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE USER HEREBY WAIVES SUCH CLAIM OR WARRANTY.
TYMELY USES REASONABLE MEASURES IN ORDER TO PREVENT FROM ANY CONTENT THAT CONTAINS PORNOGRAPHIC MATERIAL, VIOLENT EXPRESSIONS, SLANDER AND HATE SPEECH, BULLYING AND HARASSMENT INCLUDING CONTENT THAT DIRECTLY ATTACKS PEOPLE OR SHAMING THEM BASED ON THEIR RACE, ETHNICITY, NATIONAL ORIGIN, RELIGIOUS AFFILIATION, SEXUAL ORIENTATION, SEX, GENDER, OR GENDER IDENTITY, OR SERIOUS DISABILITIES OR DISEASES, TO BE PUBLISHED ON THE SITE. THE USER AGREES NOT TO DISTRIBUTE COPY, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLISH, EDIT OR CREATE DERIVATIVE WORKS FROM SUCH MATERIALS OR CONTENT. NOTWITHSTANDING, TYMELY SHALL NOT BE LIABLE TO ANY DAMAGES CAUSED BY CONTENT PUBLISHED BY THE USER OR ANY OTHER USERS AND THE USER HEREBY WAIVES ANY CLAIM AND/OR DEMAND AGAINST TYMELY WITH RESPECT TO SUCH CLAIMS.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THE TERMS OF USE.
7. LIMITAION OF LIABILITY
TYMELY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND ITS RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM:
THE USER INABILITY TO ACCESS OR USE OF THE SERVICES, THE SITE OR ANY PART OR PARTS THEREOF;
ANY CHANGES THAT TYMELY MAY MAKE TO THE SITE OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE SITE OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES;
ANY ERRORS OR OMISSIONS IN THE SITE TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN THE SITE OR SERVICES;
THE USER FAILURE TO KEEP HIS ACCOUNT DETAILS AND HIS LOGIN SUITABLY CONFIDENTIAL;
ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
ANY LOSS OF PROFITS OR ANY LOSS THE USER SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF TYMELY BREACHING THE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY THE USER AND TYMELY AT THE TIME THE USER AGREE TO THE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.
TYMELY SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USER USE OF THE SITE MUST BE NOTIFIED TO TYMELY AS SOON AS POSSIBLE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER. IN SUCH CASES, THE USER ACKNOWLEDGES AND AGREES THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE USER AND TYMELY, AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN THE USER AND TYMELY, AND THAT TYMELY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. Indemnification
You agree to indemnify, defend, and hold harmless Tymely and the respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site (including, without limitation, provision of services in connection with the Site) shall be in compliance with all applicable laws, regulations and guidelines.
9. TERMINATION
The User may terminate the Terms of Use by sending notice in writing to Tymely for the termination of his use and deleting related information. Tymely shall send the User confirmation of the termination and shall remove all of the User’s Personal Information, unless stated otherwise.
Tymely may suspend the User’s access to all or any part of the Site and/or the Services and/or terminate the Terms of Use at any time with or without cause, with or without notice, effective immediately. Notwithstanding the foregoing, the User’s access to the Site and the Services may be suspended or terminated if (i) the User is in breach of any of the material provisions of the Terms of Use, including without limitation, the provisions of the following sections: the User’s use of the Site or Services, compliance of the User with the relevant provisions of the Privacy Policy, indemnification and limitation of liability; (ii) Tymely elects at its discretion to cease providing access to the Site or Services in the jurisdiction where the User resides or from where attempts to access the Site or the Services, or (iii) in other reasonable circumstances as determined by Tymely at its discretion.
The provisions of the Terms of Use that are intended by their nature to survive the termination or cancellation of the Terms of Use, including, without limitation, the provisions of the following sections: the User’s use of the Site or Services, compliance of the User with the relevant provisions of the Privacy Policy, indemnification, limitation of liability, Assignment to Third Parties, and Applicable Law and Jurisdiction, respectively.
10. Publicity
Tymely may disclose that Customer is a Tymely customer, including without limitation by displaying Customer’s name and logo on Tymely’s website and othermarketing materials
11. APLICABLE LAW AND JURISDICTION
The Terms of Use shall be governed by and construed in accordance with the laws of the State of Israel without regard to its choice of law rules, and any dispute or claim with respect thereto shall be submitted to the competent court in Tel Aviv, Israel, which shall have sole and exclusive jurisdiction in such matter.
The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which Tymely seeks equitable relief of any kind. The User acknowledges that, in the event of a breach of the Terms of Use by Tymely or any third party, the damage or harm, if any, caused to the User, will not entitle the User to seek injunctive or other equitable relief against Tymely, and the User’s only remedy shall be for monetary damages, subject to the limitations of liability set forth in the Terms of Use.
Should one or more provisions of the Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
12. Contact Us
If you have any questions about these Terms, please contact us at: privacy@Tymely.ai
