Exceed AI Ltd. (“Exceed“, “We” or “Us“) offers a software as a service which can be used by its clients and website owners (the “Client(s)”) as an interaction management software solution enabling personalized and automated interactions with customers and potential customers (the “Services“).
By accessing or using any part of the Website, You agree with these Terms. If You do not agree with these Terms or any condition thereof, please do not access Website.
These Terms apply to the use of the Website and the Services contained therein via any computer, cell phone or any other communication device.
In these Terms, anything that appears in a masculine form shall also mean the feminine form and vice versa.
The introduction to these Terms is an integral part of the Terms.
- You are entitled to use the Website subject to the provisions of these Terms.
- You declare that You are an individual either 16 years of age or more, have a capacity to engage with Exceed in these Terms and take full responsibility for the use of the Website.
- You undertake to refrain from taking the following actions in relation to the Website:
- Using the Website in an illegal manner or with the intention to violate any applicable law or in any manner prohibited by these Terms;
- Making any alteration, modification or changes to the Website;
- Interfering with the Website design, source code or any element of the Website;
- Inappropriately using the intellectual property rights of any third party;
- Removing or obscuring any proprietary notices on the Website;
- Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Exceed’s server, or to any of the services offered on or through the Website, 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 Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
- Probing, scanning or testing the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
- Using the Website 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;
- Exceed reserves the right to prevent a user who has violated any provision of these Terms from using the Website.
- Exceed reserves the rights to change, suspend or discontinue the Website at any time, including the availability of any feature, database, or content. Exceed may also impose limits on certain features and services or restrict Your access to parts or all of the Website without notice or liability.
Limitations of Use
Without derogating from any of the terms and conditions herein, You undertake to act in accordance with the following terms:
- You have examined, before using the Website, and ensured that the Website are suitable for Your needs, and You waive any claim with respect to the Website not being fit for Your
- You are solely responsible to verify before using the Website the condition of Your internet connection – Exceed shall not bear any responsibility for damage that may be caused due to Your internet connection problems.
- You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Website.
The Website Services
You can use the Website in order to view the information about Exceed’s products and Services made available by Exceed, the pricing for such products, and any other contact Exceed decide to share with the visitor to the Website.
You can choose to opt out and to stop using the Website, stop receiving information, receiving information and updates from Exceed, in the form and manner described below.
In case that You choose to opt out from the Website, Exceed may, but is not obligated to, maintain Your information for a period of 36 (thirty six) months following the termination. After the said 36 (thirty six) months period Exceed may, but is not obligated to, delete this information. If You wish to delete your information sooner, You must contact Exceed and ask for such deletion.
Exceed does not support the distribution of pornographic or other offensive content. Except as expressly authorized by Exceed in writing, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILE EXCEED USES REASONABLE PROTECTION TO CORRECT ANY ERRORS OR OMISSIONS IN THE WEBSITE AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO EXCEED’S ATTENTION, EXCEED MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESSED OR IMPLIED) REGARDING THE WEBSITE OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. EXCEED DOES NOT WARRANT THAT YOU USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY PART OR PARTS THEREOF, OR THE SERVERS ON WHICH THE WEBSITE OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEED AND ITS SUBSIDIARIES, 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 YOU HEREBY WAIVES SUCH CLAIM OR WARRANTY.
EXCEED 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 THROUGH THE WEBSITE. YOU AGREE NOT TO DISTRIBUTE COPY, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLISH, EDIT OR CREATE DERIVATIVE WORKS FROM SUCH MATERIALS OR CONTENT. NOTWITHSTANDING, EXCEED SHALL NOT BE LIABLE TO ANY DAMAGES CAUSED BY CONTENT PUBLISHED BY YOU OR ANY OTHER USERS AND YOU HEREBY WAIVES ANY CLAIM AND/OR DEMAND AGAINST EXCEED WITH RESPECT TO SUCH CLAIMS.
Limitation of Liability
EXCEED AND IT’S 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:
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS EXCEED HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), EXCEED AND ITS AFFILIATES (AND THOSE THAT EXCEED WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOU USE OF THE PLATFORM MUST BE NOTIFIED TO EXCEED AS SOON AS POSSIBLE.
EXCEED SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EXCEED AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF EXCEED OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
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 YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND EXCEED, AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND EXCEED, AND THAT EXCEED’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You hereby agree to indemnify Exceed, defend and hold harmless Exceed, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
- any activity related to the Account, be it by You or by any other person accessing the Account with or without Your consent unless such activity was caused by the act or default of Exceed.
Applicable Law and Jurisdiction