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Terms of Use Heyday.io

  1. Your Agreement with Heyday.io and Definitions
    1. Your use of the Heyday.io search service is governed by this agreement (the “Terms“). Heyday.io , located at 12 Ramat yam, Herzliya, Israel . The “Platform” means the search services Heyday.io makes available through this website, including this website, the Heyday.io platform, and any other software or services offered by Heyday.io in connection to any of those. The “user(s)” (or “You”) means the users of the Platform.. The “Final User(s)” means the user(s) of the Application(s).
    2. In order to use the Platform, you must first agree to the Terms. You can agree to the Terms by using the Platform. You understand and agree that Heyday.io will treat your use of the Platform as acceptance of the Terms from that point onwards.
    3. You may not use the Platforms if you are a person barred from receiving the Platform under the laws of the United States or other countries, including the country in which you are resident or from which you use the Platform. You affirm that you are over the age of 18, as the Platform are not intended for children under 18.
    4. You agree your use of the Platform are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Heyday.io or any of its affiliates regarding future functionality or features.
  2. Your Account and Use of the Platform
    1. You must provide accurate and complete registration information any time you register to use the Platform. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Heyday.io immediately.
    2. The Platform is intended exclusively for professional Application(s) user(s), understood as any person or entity who has a regular remunerated activity in the Application(s) industry.
    3. Your use of the Platform must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
    4. You agree not to (a) access (or attempt to access) the administrative interface of the Platform by any means other than through the interface that is provided by Heyday.io in connection with the Platform.
    5. Your account has “hard” and “soft” usage limits. The Platform does not permit you to exceed the hard usage limits. Heyday.io reserves the right to enforce soft usage limits in its sole discretion, which may result in Heyday.io serving a “quota exceeded” page to you or your Final User(s). Repeated exceeding of the hard or soft usage limits may lead to termination of your account.
    6. You may use the Platform only to operate the Application(s). You may not access the Platform for the purpose of bringing an intellectual property infringement claim against Heyday.io or for the purpose of creating a product or service competitive with the Platform.
  3. Platform Policies and Privacy
    1. You agree to comply with the Heyday.io Acceptable Use Policy available at acceptable use policy (the “Acceptable Use Policy“) which is incorporated herein by this reference and which may be updated from time to time.
    2. The Platform shall be subject to the privacy policy for the Platform available at privacy policy. You agree to the use of your data in accordance with Heyday.io privacy policies.
    3. You agree that you will protect the privacy and legal rights of the Final User(s) of your Application(s). You must provide legally adequate privacy notice and protection for Final User(s). If Final User(s) provide you with usernames, passwords, or other login information or personal information, you must make the Final User(s) aware that the information will be available to your Application(s) and to Heyday.io.
  4. Fees for Use of the Platform (Heyday.io is free)
    1. The Platform is accessible under registration of the user’s.
    2. The Platform is free to use under reasonable and legal usage.
    3. Heyday.io may change its fees and payment policies for the Platform by notifying you at least fifteen (15) days before the change date.
    4. Free use is for “end user site owner only” for an honest usage, any other inhonest usage is completely forbidden and will give HeyDay the right to stop the user activity and disabled the use account.
    5. Inhonest usage - use the Heyday platform: as API, Iframe, or any other method of using heyday platform for third party usage is strictly forbidden. Search destination url must be of the user's registered domain.
    6. Breach of contract - heyday reserve to itself the sole right to determine on an "in-honest usage" for any heyday user as described above, without the need to explain/receive approval or provide clarification to any party. Account will be terminated 24 hours after informing the user by his subscription email, without the need for receive confirmation.
  5. Content on the Platform and Take Down Obligations
    1. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from Heyday.io. In the event that you elect not to comply with a request from Heyday.io to take down certain Content, Heyday.io reserves the right to directly take down such Content or to disable Applications.
    2. In the event that you become aware of any violation of the Acceptable Use Policy by a Final User(s), you shall immediately terminate such Final User(s)’s account on your Application(s). Heyday.io reserves the right to disable Application(s) in response to a violation or suspected violation of the Acceptable Use Policy.
    3. You agree that you are solely responsible for (and that Heyday.io has no responsibility to you or to any third party for) the Application(s) or any content that you create, transmit or display while using the Platform and for the consequences of your actions (including any loss or damage which Heyday.io may suffer) by doing so.
    4. You agree that Heyday.io has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Application(s) and any Content.
  6. Proprietary Rights
    1. You acknowledge and agree that Heyday.io owns all legal rights, title and interest in and to the Platform, including any intellectual property rights which subsist in the Platform (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
    2. Except as provided in Section 7, Heyday.io acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, the Platform, including any intellectual property rights which subsist in that Content and the Application(s) (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Heyday.io, you agree that you are responsible for protecting and enforcing those rights and that Heyday.io h has no obligation to do so on your behalf.
  7. License from HeyDay.io and Restrictions
    1. Heyday.io gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Heyday.io as part of the Platform as provided to you by Heyday.io. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Platform as provided by Heyday.io, in the manner permitted by the Terms.
    2. You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Platform or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Heyday.io, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Platform or any applications running on the Platform.
    3. Open source software licenses for components of the Plaform released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Heyday.io for the use of the components of the Platform released under an open source license.
  8. License from You
    1. Heyday.io claims no ownership or control over any Content or Application(s). You retain copyright and any other rights you already hold in the Content and/or Application(s), and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Platform you give Heyday.io a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Heyday.io to provide you with the Platform. Furthermore, by creating an Application(s) through use of the Platform, you give Heyday.io a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application(s) for the sole purpose of enabling Heyday.io to provide you with the Platform.
    2. You may choose to or we may invite you to submit comments or ideas about the Platform, including without limitation about how to improve the Platform or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Heyday.io under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
    3. You agree that Heyday.io, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Platform.
  9. Recommendations

    Heyday.io may, and you grant us permission to, make recommendations via the Platform for products or services we think may be of interest to you based on your Application(s) and/or use of the Platform. We will never make recommendations directly to your Final User(s).

  10. Modification and Termination of the Platform
    1. Heyday.io is constantly innovating in order to provide the best possible experience for Developer(s). You acknowledge and agree that the form and nature of the Platform which Heyday.io provides may change from time to time without prior notice to you. Changes to the form and nature of the Platform will be effective with respect to all versions of the Platform; examples of changes to the form and nature of the Platform include without limitation, changes to fee and payment policies, security patches, added functionality, and other enhancements.
    2. You may terminate these Terms at any time by Heyday.io your account on the Platform. You will not receive any refunds if you cancel your account.
    3. You agree that Heyday.io, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Platform may be without prior notice, and you agree that Heyday.io will not be liable to you or any third party for such termination.
    4. You are solely responsible for exporting your Content(s) and Data from the Platform prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content(s) and Data.
  11. Exclusion of warranties
    1. Nothing in these terms shall exclude or limit Heyday.io warranty or liability for losses which may not be lawfully excluded or limited by applicable law.
    2. You expressly understand and agree that your use of the Heyday.io service is at your sole risk and that the Platform are provided “as is“ and “as available“.
    3. Heyday.io, its subsidiaries and affiliates, and its licensors make no express warranties and disclaim all implied warranties regarding the Platform, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, Heyday.io, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (a) your use of the Platform will meet your requirements, (b) your use of the Platform will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the Platform will be accurate.
  12. Limitation of liability
    1. Subject to section 11.1 above, you expressly understand and agree that Heyday.io, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
    2. The limitations on Heyday.io liability to you in paragraph 11.1 above shall apply whether or not Heyday.io has been advised of or should have been aware of the possibility of any such losses arising.
  13. Indemnification

    You agree to hold harmless and indemnify Heyday.io, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively Heyday.io and partners“) from and against any third party claim arising from or in any way related to (a) your breach of the terms, (b) your use of the Platform, (c) your violation of applicable laws, rules or regulations in connection with the Platform, or (d) your content or your application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

  14. Changes to the Terms

    Heyday.io may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least one (1) week notice before the changes take effect, during which period of time you may reject the changes by terminating your account. When effective, the amended Terms apply upon the renewal of the Subscription. Developer(s) who continue to use the Services after the entry into force of the amended General Terms and Conditions shall be deemed to have accepted these amendments.

  15. Law and Jurisdiction

    These General Terms and Conditions of Use are governed by Israel law. In the event of dispute concerning the validity, interpretation and/or application of these Terms, all parties agree that the courts of Tel-Aviv, Israel shall be the only competent jurisdiction capable of judging the dispute, save conflicting mandatory rules of practice.

  16. Entry into force

    These Terms and Conditions become effective on January 1st, 2020.

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