By using our website and or services (as defined hereinunder), you agree to the terms and conditions as shown in this Agreement:
1.1. "Account" means the account opened within the Service under Your subscribed name.
1.2. "Affiliate" means any entity which directly or indirectly Controls, is Controlled by, or is under common Control with the subject entity.
1.3. "Content" means, without limitation, text, graphics, and images, including photographs.
1.4. "Malicious Code" means viruses, worms, time bombs, trojan horses and any and all other harmful code, files, scripts, agents or programs.
1.5. "HOVER LEAD" refers to our company, known as Interjet Ventures Ltd., our Website, our Service or a combination of all or some of the preceding definitions, depending on the context of the word;
1.6. "Service(s)" refers collectively and/or individually, as the case may be, to the SaaS services (Software as a Service) that we provide through our Website, any other services we provide, as well as our Website itself;
1.7. "You" or "User/s" or "Customer" includes, without limitation, individuals and entities authorized to use the Service as well as Your employees, consultants, contractors and agents, as well as users of the Website;
1.8. "User Data" all Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Website.
1.9. "Website" refers to our website, available at https://hoverlead.com Landing Page refers to a single web page that appears in response to clicking on a search engine optimized search result or an online advertisement.
1.10. CRM refers to A system for managing client interactions, dealing with future and current customers, optimizing and systematizing relationships.
2. The Service
2.1. HOVER LEAD offers a SaaS tool used to track website's visitor's behavior and display a dedicated Landing Page with customized messages in order to convert such website's visitors into leads, subscribers, signups, sales and more. through our website (https://hoverlead.com);
2.2. HOVER LEAD enables you to implement lead collection forms on an external site;
2.3. HOVER LEAD enables you to receive customized reports with or without direct CRM connection;
2.4. We hereby grant to You a non-exclusive, non-transferable license to electronically access and use the Services and the Website in accordance with the terms of this Agreement, subject to:
2.4.1. Your opening an Account with Us;
2.4.2. Subscribing as set forth on the Website and herein;
2.4.3. Adhering to the terms and conditions of this Agreement.
2.5. You may receive support through our website or via email.
2.6. By using the Service, you are granting us permission to access your account and "leads", solely in connection with the provision of the Service.
4. Validity and Applicability
4.1. This Agreement was last updated on 01 March 2018 and is effective between You and Us as of the date of You accepting this Agreement and in accordance with its terms and conditions as such may be updated from time to time in Our sole discretion.
4.2. This Agreement is subject to change at any time, without prior notice. Any changes that are made to this Agreement will not apply retroactively and will not apply to disputes or events occurring before the change is published.
4.3. You are responsible for reviewing this Agreement on a regular basis.
4.4. This Agreement applies to all visitors and all who access our website or Service.
4.5. The Service is not available to any User who has been removed from the Service by HOVER LEAD.
4.6. If you open an account on behalf of a company, organization, or other entity, then:
4.6.1. "You" includes you and that entity;
4.6.2. You represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to these Terms on the entity's behalf.
4.7. You may utilize the Service as long as You abide by the terms of this Agreement and as long as Your Account is not terminated by either party hereto. You are responsible for all activity that occurs under Your account, including any activity by unauthorized Users.
4.8. We reserve the right in our sole discretion to add, change, discontinue or otherwise modify elements and features of the Service any time. We will post notifications regarding such changes on the Website.
5. Third-Party Services
5.1. By connecting to HOVER LEAD with a third-party service (e.g., Facebook, Twitter, etc.), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your log-in credentials for that third-party service.
5.2. As a part of our Service, we may offer links to websites operated by various third parties. We are not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. HOVER LEAD does not operate or control in any way any information, software, products or services available on such web sites. Our inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
5.3. As between you and Third parties engaged with or on the Hover Lead platform, all responsibility for compliance with all provisions of data protection and privacy law in any applicable jurisdictions, is the responsibility of you and of Third parties.
6. User Data
6.1. The Service allows You to submit User Data (such as the Content of the HOVER LEAD Messages), which may be hosted, shared, and/or published as part of the Service, and may be visible to the public.
6.2. In connection with the User Data, you affirm, represent and warrant the following:
6.2.1. You exclusively own all rights, title and interest in and to all of Your User Data; and/or
6.2.2. Your User Data and our use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and/or privacy rights; and/or
6.2.3. the User Data provided shall be correct, complete, accurate and in accordance with these Terms. Notwithstanding the foregoing, by submitting the User Data you hereby grant HOVER LEAD its affiliates, subsidiaries, assigns, agents, and licensees a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, display, distribute, prepare derivative works of, and perform the User Data in connection with the Service.
6.3. We take no responsibility and assume no liability for any User Data that you or any other User or third party submits on the Website. You shall be solely responsible for your User Data and the consequences of submitting it, and You agree that We are only acting as a passive conduit for the presentation of Your User Data. You understand and agree that You may be exposed to User Data that is inaccurate or otherwise unsuited to Your purpose, and You agree that We shall not be liable for any damages You allege to incur or actually incur as a result of User Data. The User Data does not necessarily represent the views or opinions of HOVER LEAD, and We make no guarantees as to the validity, accuracy or legal status of any User Data.
6.4. In regards to the User Data, You will have obtained and documented evidence of any necessary consent, pursuant to applicable data protection laws, including without limitation Regulation EU 2016/679 General Data Protection Regulation ("GDPR") and other applicable laws in every jurisdiction in which information may be collected, or other lawful basis (per GDPR Article 6) pursuant to which personal data of individuals may be used in connection with the Services.
6.5. HOVER LEAD reserves the right to refuse to publish any User Data, or to at any time remove or edit a User Data (in whole or in part), if HOVER LEAD has reason to believe that Your use of the Services and/or the Website breaches these Terms.
7. Enrollment and Use
7.1. You affirm that you are of legal age and are otherwise capable of forming a legally binding contract.
7.2. You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
7.3. You shall be required to register as a User with HOVER LEAD by completing the online registration form on the Website and providing certain details including but not limited to your name, password and valid email address.
7.4. You must provide true, complete, and accurate registration information to Us and notify Us if Your information changes. If You are accessing the Services on behalf of a Third-Party entity, You must have full authorization to create their account and provide further details such as office address and the organization's registration number. You agree that You are binding such organization to this Agreement and undertake to indemnify HOVER LEAD for any breaches caused by that organization (without limitation on our right to obtain a remedy directly from the organization in conjunction with or as an alternative to Your indemnification).
7.5. You must safeguard the confidentiality of Your password.
7.6. HOVER LEAD reserves the right to conduct verification and security procedures in respect of all information provided by You to HOVER LEAD. If HOVER LEAD has reason to believe that the information provided by You to register and use any of the Services breaches or is likely to breach any of the provision in these Terms, HOVER LEAD at its sole discretion may take any action that it deems appropriate including without limitation, to terminate Your Account.
7.7. You affirm that all information you submit to HOVER LEAD or in connection with our Service is accurate and complete and that you will maintain and promptly update any profile supplied to us to ensure accuracy at all times;
7.8. You must activate a username and password in order to fully use and enjoy some of the Services.
7.9. You agree not to use user names that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name at any time and for any reason in our sole discretion.
8. Compliance and Non-Infringement of Rights
8.1. You are responsible to ensure that Your use of the Service and/or the Website, including the submission of the User Data is in compliance with all applicable laws and legislations; or of any other data protection laws.
8.2. In Free of charge access (10.1.1 hereinunder) – You hereby acknowledge that You are aware that we are displaying the logo of HOVER LEAD and a link to our website. Although it is technically possible to remove the logo and the link You undertake to avoid it.
8.3. Prohibited Activities in the Service and Website:
8.3.1. To infringe any intellectual property rights or other proprietary rights of any third party, including but not limited to remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels contained on the Website or create derivative works based on the Service;
8.3.2. To promote or support terror, racism, bigotry, hatred or physical harm of any kind against any group or individual or be offensive, illegal or in any way inappropriate.
8.3.3. To harase or advocate harassment of another person or exploit people in a sexual or violent manner;
8.3.4. To display pornographic or sexually explicit material;
8.3.5. To promote any illegal activities or any conduct that is abusive, threatening, obscene, defamatory or libelous;
8.3.6. To use the Service to store or transmit Malicious Code, data mine, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of any part of the Service, or in any way ascertain, decipher, or obtain the communications protocols for accessing any part of the of Service, or the underlying ideas or algorithms of any part of the Service.
8.3.7. To promote or to contain information that you know or believe to be inaccurate, false or misleading;
8.3.8. To engage in the promotion of contests, sweepstakes and pyramid schemes;
8.3.9. To invade or violate any third party's right to privacy;
8.3.10. To send unsolicited communications (also referred to as "SPAM", "SPIM" or "SPIT") or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
8.3.11. Submitting Materials that contain restricted or password only access pages, or hidden pages or images;
8.3.12. Using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the HOVER LEAD website or for any other unauthorized purpose without our prior written consent;
8.3.13. Taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of our Licensors or Suppliers.
9. Keeping in Touch
9.1. For the execution of this Agreement, HOVER LEAD may use your contact details provided by you to contact you through Email, SMS and text messaging by HOVERLEAD, and third parties if relevant, regarding HOVER LEAD' services.
10. Payment for The Service
You may visit our Site without registering. However, in order to use our Service, you will be required to register for an account. When creating an account, we will collect your name, address, country of origin and email. You will also be required to submit your credit card information to our third-party payment processors. We may also ask you for additional information if necessary.
10.1. There are several options ("Package or Packages") to use The Service:
10.1.1. Free of charge access – used for subscription and limited functionality.
10.1.2. Access to and use of additional specifications are subject to fees as set out on the Website (the "Fees").
10.1.3. We have the right to add new services and change the specification of the subscription from time to time against the payment of a fee, or change the current prices and Fees, at any time. Such changes will not apply retroactively.
10.2. The subscription is given on a basis of a monthly/yearly renewable subscription, prepaid by credit card:
10.2.1. The User will enter the credit card details through the Website system.
10.2.2. As long as the User does not request to stop the charge, the system will perform the payment automatically every month or every year, according to the choice made by the User.
10.2.3. In any case that the credit card will not be charged in practice, the User will be able to use the system until the end of the subscription period which was paid for in advance.
10.3. Refund Policy: We do not offer refunds. You can try our product for free, with the free account or free trial and decide if you'd like to upgrade to a paid account.
10.4. Upgrade or amending an existing Package -
10.4.1. Changing of an existing Package: the cost calculation is done by the number of days remaining multiplied by the difference in the daily price of the purchased Package and less than the daily price of the existing Package;
10.4.2. Option to extend an existing Package –You can purchase a future Package that will take effect automatically after the end of the existing Package.(you can purchase a different program from the existing one);
10.4.3. Upgrading the Package is valid only for the period of the existing Package and does not affect a future or previous Package;
10.4.4. It is possible to renew a program automatically (subject to payment approval);
10.4.5. Downgrade of an existing Program is not possible.
11. Server Downtime and Maintenance
Our servers may be unavailable as the result of planned or unplanned downtime, for reasons including technical issues, legal compliance, security actions, business decisions, or any other cause. We may attempt to inform You if such downtime is planned, but we are under no obligation to do so. You agree that we are not liable for the unavailability of our Service.
12. Representations, Warranties and Indemnification
12.1. You hereby represent and warrant that:
12.1.1. You have all necessary authority, rights and permissions to submit the data and grant the licenses described in these Agreement;
12.1.2. Your use of the Service shall not violate any applicable law or regulation or cause injury to any person;
12.1.3. Your use of the Service shall not violate any agreements between you and a third party.
12.2. You agree to indemnify, defend and hold harmless HOVER LEAD, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to:
12.2.1. Your use of the Service and/or the Website;
12.2.2. Your breach of this Agreement;
12.2.3. Any actual, prospective, completed or terminated service between you and a third party.
13. Disclaimers and Limitations
13.1. HOVER LEAD intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, HOVER LEAD may make changes and improvements to the information provided herein at any time. The service and the information, software, products and services associated with it are provided "as is."HOVER LEAD and/or its suppliers, partners and affiliates disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the service and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.
13.2. Use of HOVER LEAD service is at your own risk. HOVER LEAD and/or its suppliers, are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of HOVER LEAD website or service or with the delay or inability to use the service, or for any information, software, products and services obtained through HOVER LEAD, or otherwise arising out of the use of the service, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if HOVER LEAD and/or its suppliers had been advised of the possibility of damages.
13.3. Pursuant to GDPR, as between Customer and HOVER LEAD, with respect to the Services, Customer is a Controller, and HOVER LEAD is a Processor. Customer agrees to the terms of the Data Protection Addendum attached hereto, and incorporated herein.
The parties hereto agree that:
13.3.1. all personnel engaged in processing Personal Data are and will remain committed to confidentiality; and
13.3.2. Parties take industry appropriate technical and organizational measures to ensure the security of processing; and
13.3.3. with respect to personal data of individual users of Services, and other details required to be processed by Hover Lead in order to give effect to this agreement, Customer and its personnel hereby authorize all industry reasonable sub-processing, including, without limitation, CRM, backup services, marketing services, ERP services, and additional services. Where Hover Lead engages another processor for carrying out specific processing activities on behalf of Customer, the same data protection obligations as set out in this section 13.3 of the Terms of Service shall be imposed on that other processor, in particular providing sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements of GDPR; and
13.3.4. as reasonably required, Hover Lead will reasonably assist Customer in responding to requests for exercising Data Subjects' rights under GDPR, and will endeavor to assist Customer with its obligations pursuant to Articles 32-36 of GDPR, including data security, data protection impact assessments, and breach notifications; and Hover Lead will inform Customer if it is asked to do something which to its knowledge infringes GDPR or other data protection law of the EU or a member state; and
13.3.5. Hover Lead will endeavor to delete and procure the deletion of any Personal Data where so instructed by Customer, unless retention is required by applicable laws; and
13.3.6. the parties will make available all information necessary, and reasonably available to the other as may be required to demonstrate compliance with GDPR obligations under Article 28 thereof; and
13.3.7. Hover Lead shall allow for and contribute to audits and inspections in this regard under GDPR, at Customer's sole expense; and
13.3.8. Hover Lead will process personal data only on the documented instructions from the Customer and is hereby authorized to process the following types and categories of Personal Data for Customer, such as full name, email addresses, phone number and any other personal information collected through the created Hover Lead forms. In addition, Customer has provided details of its Data Protection Officer (where applicable) to Hover Lead; Hover Lead's Data Protection Officer can be contacted at email@example.com. Customer shall implement appropriate technical and organizational measures to ensure, and to be able to demonstrate, that processing is performed in accordance with GDPR, including making personal data accessible to, or transferring it to, Hover Lead.
14. LIMITATION OF LIABILITY
14.1. In no event shall HOVER LEAD or its suppliers be liable for lost profits or any special, incidental or consequential damages, including negligence arising out of or in connection with this agreement;
14.2. HOVER LEAD liability, and the liability of HOVER LEAD suppliers and affiliates, to you or any third parties in any circumstance, shall not exceed the total sum of $500.00. The limitations of liability set forth above are fundamental elements of the contract between HOVER LEAD and you. This limitation is subject to the law of the applicable state;
14.3. The use of the Service includes embedding of code on the site or any digital property of the customer - You confirm that we are not responsible for any mishaps or disruptions caused by the implementation of the code in the website code directly or by using third party tools such as Google Tag Manager.
15. ERRORS AND DELAYS
15.1. HOVER LEAD is not responsible for any errors or delays caused by an incorrect e-mail address or incorrect information provided by you or any other technical problems.
16.1. You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases.
16.2. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
17.1. HOVER LEAD reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any or no reason, including your breach of these Agreement, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law.
17.2. You may unsubscribe from any further communication from HOVER LEAD at any time by delivering a written notice addressed to firstname.lastname@example.org You shall be responsible for ensuring delivery of the notice to HOVER LEAD.
17.3. HOVER LEAD reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service.
17.4. Should HOVER LEAD modify or discontinue any service or an aspect thereof, HOVER LEAD shall have no liability to you or to any third party.
18.1. You agree that the Service shall be deemed solely based in Israel and that this Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over HOVER LEAD, either specific or general, in jurisdictions other than Israel.
18.2. These Agreement shall be governed by the laws of the State of Israel, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
18.3. We each agree to submit to the personal jurisdiction of a state court located in Israel, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision.
18.5. If any provision of these Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Agreement, which shall remain in full force and effect.
18.6. No waiver of any term of this these Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Agreement shall not constitute a waiver of such right or provision.
18.7. You and HOVER LEAD agree that any cause of action arising out of or related to this service must commence within three (3) months after the cause of action accrues. Otherwise, such cause of action is permanently barred.
18.8. These Agreement may not be transferred or assigned by you, but may be assigned by HOVER LEAD without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
18.9. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18.10. All rights not expressly granted herein are reserved to HOVER LEAD.
19. Copyright and Trade Mark Notices
19.1. All contents of the Service are copyrighted © 2018 Interjet Ventures Ltd. All rights reserved. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of HOVER LEAD. Other product and company names may be trademarks or service marks of their respective owners.
19.2. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Website without receiving our prior written permission, unless it is in relation to a project which You are authorized to work on.
19.3. We reserve all rights, title, interest in and to the Service and the Website, and all related IP rights. These rights are protected under international patent, copy right, trade mark or trade secret law as well as international treaties.
19.4. You further agree that all right, title, source code, documents, drawing, data, documentation, designs, engineering changes, inventions, trade secrets, copyrights, mask work, all related know-how and all IP related to the foregoing, including any changes and modifications, improvements and derivative versions, all shall be vested in HOVER LEAD. The look and the feel of the Service and the Website including color combinations, logos, button shapes and other graphical elements are the trademark and IP of HOVER LEAD.
19.5. Other trademarks used on the Website are the property of their respective owners. The license granted under this Agreement shall not constitute a sale of the content on the Website or any portion or copy thereof and You shall not acquire any rights therein, express or implied through this Agreement other than those expressly specified herein.
19.6. HOVER LEAD may display or provide links or other interaction with third party websites and third-party advertising banners on the Website ("Third Party Websites"). In particular, the Services may also provide You with the opportunity to connect and publish information through Third Party Websites and other third-party services such as advertising sites. Use of any such third-party Websites and services shall be at the risk of You and subject to the terms and conditions of the Third Party Website provider.
20. Force Majeure
20.1. You agree that We are not responsible to You for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
21.1. In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other's operation, HOVER LEAD shall have the sole right to elect which provision remains in force.
22.1. HOVER LEAD reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.