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These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and FORTVISION Ltd ("FORTVISION", "we", "us", "our"), a company incorporated under the laws of the State of Israel, with its registered office at 121 Dvora HaNevi'a St, 29th Floor, Tel Aviv-Yafo, Israel.
These Terms govern your access to and use of the FORTVISION SaaS platform, including all software, tools, dashboards, APIs, and related documentation (collectively, the "Platform"), as well as any managed marketing services we provide on your behalf (the "Managed Services"). Together, the Platform and Managed Services are referred to as the "Services."
By accessing or using any part of the Services, creating an account, or authorizing others to access the Services on your behalf, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through a notice on the Platform at least thirty (30) days before taking effect. Your continued use of the Services after such notice constitutes acceptance of the updated Terms.
You agree to use the Services only for lawful purposes and in accordance with these Terms. When using the FORTVISION Platform or Managed Services, you shall not:
FORTVISION reserves the right to investigate any suspected violation of these Terms. If we determine, in our sole discretion, that a violation has occurred, we may immediately suspend or terminate your access to the Services without prior notice and without liability to you. We may also report violations to the appropriate law enforcement authorities.
Your Content. You retain all ownership rights in any content, data, creative assets, contact lists, campaign configurations, and other materials that you provide, upload, or transmit through the Services ("Your Content"). FORTVISION does not claim ownership of Your Content.
License Grant. By providing Your Content to the Services, you grant FORTVISION a limited, non-exclusive, worldwide, royalty-free license to use, process, store, reproduce, and display Your Content solely as necessary to provide and deliver the Services to you. For Managed Services clients, this license extends to our team's ability to create, modify, and deploy marketing campaigns, automations, and creative assets on your behalf as part of the agreed service scope.
Content Warranties. You represent and warrant that: (a) you own or have obtained all necessary rights, licenses, and permissions for Your Content; (b) Your Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, or other legal rights; (c) Your Content complies with all applicable laws and regulations; and (d) any contact data included in Your Content was collected with appropriate consent.
Content Removal. Upon termination of your account or at your written request, FORTVISION will delete Your Content from our active systems within thirty (30) days. Backup copies may be retained for up to ninety (90) days in accordance with our data retention policies and applicable legal obligations.
FORTVISION IP. The Platform, including all software, source code, algorithms, machine learning models, user interfaces, designs, documentation, APIs, tools, methodologies, processes, know-how, and any improvements or derivative works thereof, are and shall remain the exclusive property of FORTVISION Ltd and its licensors. These Terms do not grant you any ownership interest in the Platform or any FORTVISION intellectual property.
Trademarks. The FORTVISION name, logo, and all related product and service names, design marks, and slogans are trademarks or registered trademarks of FORTVISION Ltd. You may not use any FORTVISION trademarks without our prior written consent.
Managed Services Work Product. Any strategies, playbooks, campaign frameworks, analytical methodologies, or proprietary processes developed by FORTVISION as part of our Managed Services constitute FORTVISION intellectual property. Campaign-specific creative assets (e.g., ad copy, email designs, landing page content) created for your account are licensed to you for use in connection with the Services.
Feedback. If you provide FORTVISION with any suggestions, ideas, enhancement requests, or other feedback regarding the Services ("Feedback"), you hereby assign to FORTVISION all right, title, and interest in such Feedback. FORTVISION may use Feedback for any purpose without obligation or compensation to you.
Disclaimer of Warranties. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FORTVISION EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FORTVISION DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORTVISION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF FORTVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Liability Cap. FORTVISION'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO FORTVISION DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Essential Basis. The limitations and exclusions in this section apply regardless of whether the remedy fails of its essential purpose. You acknowledge that FORTVISION has set its fees and entered into these Terms in reliance upon the limitations of liability set forth herein, which allocate risk between the parties and form an essential basis of the bargain between us.
These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of laws principles.
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be submitted to the exclusive jurisdiction of the competent courts located in Tel Aviv-Yafo, Israel. You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue therein.
Notwithstanding the foregoing, FORTVISION may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.
If you have any questions, concerns, or requests regarding these Terms of Use, please contact us:
FORTVISION Ltd
121 Dvora HaNevi'a St, 29th Floor
Tel Aviv-Yafo, Israel
Email: legal@fortvision.com
We aim to respond to all inquiries within five (5) business days.