WEBSITE TERMS AND CONDITIONS

PLEASE READ THIS AGREEMENT CAREFULLY

USE OF THE SITE 

1. Y&A Software Development Ltd. is the owner and operator of the Identistyler website platform. The terms "We", "us" and "our" refer to Identistyler. The terms "User," "you" and "your" refer to you, the client, member or site visitor. "Terms" refers to these Terms and Conditions. "Content" refers to the text, abstracts, metadata, software, scripts, graphics, logos, files, images, photos, sounds, music, videos, interactive features, information, documents and the like.
2. Identistyler website platform is a marketing & selling platform, providing Interior Designers, Architects & Home Stylists with a unique service enabling them to identify customers’ needs. By using Identistyler, a registered User is provided with a helpful tool, enabling him to create and send his potential customers a survey. The potential customers then may choose to fill in any information they may choose to share. Based on the answers given by the recipients, a report is generated and sent, to the Identistyler user. All information is kept secured. Please read the privacy Policy for further information.
3. By clicking "I Agree" (or any other button indicating your acceptance of the Terms) you hereby agree to, and are bound by, the Terms. If you do not agree with any of the Terms, we urge you not to click such buttons or otherwise access or use this Site or the services or any information contained on this Site.
4. YOU AGREE THAT BY USING THE SITE AND REGISTERING FOR AN ACCOUNT YOU ARE AT LEAST 18 YEARS OF AGE, OR VISITING THE SITE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN, AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
5. Subject to the Terms, Identistyler hereby grants you a limited, nonexclusive, revocable, non-transferable and non-sublicensable right to access, display, use and view the Site. Any breach of the Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
6. User shall abide by all copyright notices, information, and restrictions contained in any content accessed through this Site.
7. Except as expressly permitted in the Terms , you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of its content, unless expressly permitted by Identistyler in writing. Identistyler reserves the right to refuse service, terminate accounts, and/or cancel access permission to the Site at its sole discretion, including, without limitation, if Identistyler believes that a client’s conduct violates applicable law or is harmful to Identistyler's interests, in any manner.

Registration

8. If User has registered for an account to use the services, User hereby warrants that the information provided by User for the purposes of such registration is complete and accurate. User shall ensure that such information is kept up to date. Upon registering for an account, Identistyler may assign the user a password and account identification to enable a user to access and use certain portions of this Site. Each time user uses a password or identification, he will be deemed to be authorized to access and use the Site in a manner consistent with the Terms, and Identistyler has no obligation to investigate the authorization or source of any such access or use of the Site.
9. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU, WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
10. You shall immediately notify Identistyler of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

Payment , Refunds, Upgrading and Downgrading Terms:

11. There is a free 5 day trial period for all plans. No credit card is required for signing up. User can use the Site as much as he wishes, subject, however, to complying with the Terms of service. At the end of the 5 days trial period, user may choose to continue using the Site, subject to paying a fee as required in respect of the plan chosen. User may subscribe to any subscription plan that best fits his needs.
12. User is entitled to unilaterally cancel a paid subscription, purchased by him for the first time, within the first 30 days from the initial subscription, provided, however, that User shall be charged a process and handling fees in the amount of 10% of the subscription purchased, and such fees will not be refunded to User.
13. Payment of fees for subscription made will made together with value added tax imposed under applicable law and be made free and clear f any tax deduction or withholding (and if such tax deduction or withholding is required under any applicable law, after grossing-up all taxes and charges applying to the amount paid.
14. Any subscription made is made on a continuous service basis. This means that, subject to these Terms, Identistyler shall automatically (and without notice to you) renew User's subscription at the end of its term, unless user's subscription is canceled using the tool in User's account page on the Site at any time prior to the end of the next billing cycle.
15. User will be charged a renewal rate equal to the rate for the immediately preceding subscription period, based upon the subscription program that User has chosen, unless Identistyler has notified User of any new rate in advance. A cancellation of a subscription requested by User through User's account page will become effective on the date that the next billing cycle Subscription period expires.
16. If User has elected to pay the fees referred to in Section 2.1 (Subscriptions and Payment) by credit card, User hereby warrants that the credit card information provided by User is correct, and User shall promptly notify Identistyler of any changes to such credit card information. User acknowledges and agrees that if User's credit card payment cannot be processed for any reason, Identistyler may suspend or cancel User's Subscription, without derogating from any other remedy available to Identistyler under these Terms or any applicable law.
17. For any upgrade or downgrade in subscription level, User will be charged based upon the subscription program that User has chosen, unless Identistyler has notified User of any new rate in advance, in which case Such new rate will become effective on the next billing cycle.
    Upgrade and downgrade of subscriptions will take effect as of the date of the next billing cycle.

Cancellation and Termination

18. User may cancel his subscription by using the tool in User's account page on the Site at any time. Cancellation will take effect in 24 hours and the user will not be charged again.
19. User may choose to freeze his account. Identistyler will not delete any account which has been frozen by a User for a period of 3 months from the freezing date. While an account is frozen, User will be able to login into the Site but not using it. While an account is frozen, Identistyler may send the user informative and promotion by mail, unless the User requests Identistyler otherwise, by a written request to the email address set forth above . An account which has not been revived at the end of such 3 month period, will be terminated and fully deleted.

USER SUBMISSIONS

20. The Site may permit the upload, submission, and distribution of texts, images, material, information, and communications by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, Identistyler does not guarantee any confidentiality with respect to any such submissions.
21. By posting, uploading, submitting or otherwise making the User Submission(s) available onto the Site, or displaying, publishing, or otherwise posting any content on or through the Site, you hereby grant Identistyler a worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submission(s) in connection with the Site and Identistyler's business, including without limitation for the promotion and redistribution of all or any part of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access the User Submission(s) through the Site, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site. For clarity, the foregoing license does not affect your ownership or license rights in your User Submission(s).
22. You shall not upload, submit, distribute, or otherwise publish through this Site any texts, images, communications, information, or other material that (a) is unlawful or otherwise violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
23. You shall not submit 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, or monitor the Site or any portion of the Content.
24. You shall be responsible for your User Submissions and the consequences of posting or publishing them. You agree that Identistyler has no liability whatsoever with respect to any User Submissions, including, without limitation, your own User Submissions. You hereby release Identistyler and any of its employees, managers, owners, stockholders, advisers, affiliates, agents and others on its behalf (including Y&A Software Development Ltd) (Collectively, the "Service Providers") from any and all liability arising out of or relating to User Submissions or any part thereof.
25. Identistyler reserves the right to decide whether a User Submission is inappropriate or violates the Terms or otherwise its policies, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. Identistyler also reserves the right, in its sole discretion, to reject, refuse to publish any User Submissions, or to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, Identistyler assumes no responsibility for monitoring the Site for inappropriate content, or modifying or removing such content from the Site.

OWNERSHIP

26. This Site, www.Identistyler.com, is owned and operated by Y&A Software Development Ltd. All right, title and interest in and to the content provided on this Site are owned either by Identistyler or Y&A Software Development Ltd . Except as otherwise expressly provided by Identistyler, none of the content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Identistyler's intellectual property rights, whether by estoppel, implication or otherwise. You must contact Identistyler at Support@identistyler.com if you have any questions about obtaining such licenses.

MODIFICATION

27. Identistyler reserves the right, at any time, to modify, suspend, or discontinue the Site, licensed app or service or any part thereof with or without notice. Users agree that Identistyler will not be liable to Users or to any third party for any modification, suspension, or discontinuance of the Site, licensed app or service or any part thereof.

GOVERNING LAW AND JURIASDICTION 

28. These Terms Agreement are between you and Identistyler. Communications may be directed to: Y&A Software Development Ltd. POBox 8732, Netanya 505400, Israel; Support@identistyler.com; +92-9-7734300. You agree that these Terms and the relationship between the parties shall be exclusively governed by the laws of Israel without regard to conflict of law principles, or international conventions. The exclusive jurisdiction for any dispute resolution is the Court in Tel-Aviv, Israel.

DISCLAIMER AND LIMITATION OF LIABILITY

29. NO WARRENTIES, INCLUDING SATISFACTORY QUALITY, FITNENES FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION, APPLY TO THE SERVICES, EXCEPT TO THE EXTANT EXPRESSLY STIPULATED IN THE TERMS.
30. THE SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND AS A RESULT OF USING THE SITE SERVICES. THE SERVICE PROVIDERS WILL NOT HAVE ANY LIABILITY TO THE QUESTIONS AND INFORMATION GIVEN BY THE RECIEPIENTS. THE SERVICE PROVIDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL RESULT DAMAGE (INCL. LOSS OF PROFIT, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION) INCURRED BY THE USER IN CONNECTION WITH THE SERVICES AND THE SITE, INCLUDING WILL NOT BE LIABLE FOR:
    • Damages or losses resulting from any changes which were made to the services or the Site by the Service Providers;
    • Damages or losses resulting from any permanent or temporary interruption in the provision of the service through the Site or otherwise;
    • Damages or losses resulting from the deletion of, corruption of, or failure to store, any User's content;
    • Damages or losses resulting from the User’s failure to provide the Service Providers with accurate account information;
    • Damages and losses resulting from the User's failure to keep the User's password or the details of the User's account secure and confidential.
31. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SERVICE PROVIDERS’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO Identistyler DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO Identistyler'S LIABILITY.

COPYRIGHT COMPLAINTS

32. All Site design, text, graphics, the selection and arrangement thereof, are Copyright © 2006-2013, Y&A Software Development Ltd. ALL RIGHTS RESERVED. Identistyler respects the intellectual property of others. If you believe that your work has been copied and or used in a way that constitutes copyright infringement, please contact our support team immediately at Support@identistyler.com

TRADEMARKS

33. Identistyler, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Identistyler. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

REMEDIES

34. You agree that Identistyler's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Identistyler shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Identistyler may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
35. You agree to indemnify and hold the Service Providers harmless from and against, and pay to the applicable service provider the amount of, any and all losses, liabilities, claims, demands, judgments, damages (including incidental and consequential damages), fines, suits, actions, costs and expenses (including reasonable attorney's fees and other expenses), net of any amounts actually recovered with respect thereto under insurance policies covering any liability thereof if and to the extent applicable in each case, individually or collectively, based upon or arising from or in connection with the use of this Site, accessing the services or information on this Site or otherwise connecting to any action or omission of the user in connection therewith.
36. No right or remedy of Identistyler shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
37. No instance of waiver by Identistyler of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

Updated October 13, 2013