Terms of Use

1. Definitions

“Segmentik“ refers to E.R. Soft, an Israeli business, whose registered office is Ibn Gabirol 54, Tel-Aviv, registered with the Israeli Authorities.

“Software Solution” refers to the SaaS service for monitoring and managing web traffic edited by Segmentik and enabling measuring robot traffic and if applicable managing the access rights.

“Client” refers to the customer and /or its subsidiaries and must be a legally registered company in its country of origin.

“Party” or “Parties” refers individually or jointly to Segmentik and the Client.

“Domain” refers to all the web pages grouped together in a unique combination of a subdomain, domain name and an extension (or double extension), including the orthographic declensions of the domain names redirecting to the main domain that includes all segments (such as: web, API, mobile API, login, etc.).

“Contractual Documents” refers to the documents listed in Article “Contractual Documents”.

“Order” or “Quote” refers to the order made by the Client on the Website, the quote agreed to by the Client, or in any other platform where the Client can order access to the Software Solution.

“Privacy Policy” refers to the privacy policy of the Software Solution, which can be accessed on the Software Solution and govern the conditions of use of the Software Solution.

“Website” refers to the Segmentik website, accessible at the following address: www.datadome.co.

“Account” refers to the Client’s account, which allows the Client to use the Software Solution.

“Documentation” refers to the documentation of the Software Solution, accessible at: https://docs.datadome.co/docs.

“General Terms of Sale” refers to the Segmentik general terms of sale, if applicable.

“Service Level Agreement” refers to the availability of the Software Solution and the maintenance standards provided by Segmentik.

2. Contractual Documents

The Terms of Use are an integral part of the Contractual Documents, which may include the following documents, in decreasing value:

• Order/Quote.
• If applicable, the Segmentik General Terms of Sale.
• If applicable, the Datadome’s General Terms and Sale Annexes, which are all of the same value.
• Terms of Use.
• Privacy Policy.

3. Scope and Acceptance of the terms of use

The Terms of Use govern the use of the Software Solution by the Client.
Initial access to the Software Solution by the Client is only possible if the Client has read and accepted the Terms of Use.
The Client must accept them when making an Order, or by checking the appropriate box while making an Order, upon subscribing to the free trial, or upon first connection to the Software Solution.
Segmentik reserves the right to change the Terms of Use at any moment, by notifying it in writing to the Client.
The modified Terms of Use will be applicable from their date of notification to the Client.
The Terms of Use apply for the entire duration of use of the Software Solution by the Client.

4. Description of the software solution

The Software Solution is provided to the Client as a Software-as-a-Service solution via internet. Its functionalities are specified in the General Terms of Sale, on the Website and the Documentation.

The Software Solution shall be standard, shall be accessible from a remote location and shall not require any services so that they can be integrated into the IT systems of the Client, unless specifically agreed in writing before by the Parties.

The Software Solution is provided in compliance with the Service Level Agreement agreed in the Order or the General Terms of Sale. If no Service Level Agreement is included in these documents, the Service Level Agreement will be as follows:

• For paying Clients: Segmentik shall make reasonable endeavors to ensure ninety-nine percent (99%) availability on a monthly basis, subject to any testing or installation phase, and further subject to any interruptions required for the repair and technical maintenance of the hardware or software, and respond to incidents within four (4) business days.
• For free trial Clients: Segmentik will provide its best efforts to ensure the availability of the Software Solution, and to provide swift assistance in case of incidents. The Client must have access to a phone line and internet and must ensure that their hardware is functional and fit the prerequisites of the Software Solution.

The Client bears the entire cost of equipment (hardware, phone line, internet, etc) in order to maintain the prerequisites of the Software Solution. Segmentik only provides the Software Solution and not the equipment which is necessary for its requirements, which is accepted by the Client.

Segmentik may, especially, freely modify, adapt and/or delete functions from the Software Solution, depending on development needs. Segmentik reserves the right to change its hardware or software environment.

Segmentik may not be held liable in case of interruptions, failure or altered access to the Software Solution as may result from the network itself, the features of the Internet, the utilized connection resources or any other external cause.

5. Security

Segmentik will provide its best efforts in order for the Software Solution be secured. Segmentik does not warrant absolute safety of the Software Solution.

Segmentik will maintain and comply with appropriate technical security measures to protect the data of the Client, which Segmentik has access to for the purposes specified in the Contractual Documents, against accidental or unlawful destruction or accidental loss, damages, alterations, unauthorized disclosure or unauthorized access, especially where the processing involves transmission of data or databases over a network.

As such Segmentik agrees to implement a data safeguarding and security policy using state-of-the-art means in order to (i) maintain the integrity, security, availability and confidentiality of the data and (ii) to ensure the safeguarding, conservation, control and recovery.

Segmentik ensures to implement and maintain, and conform to current industry best practices:

• onsite access controls which allow access only to authorized persons or those accompanied by authorized persons,
• password and confidentiality management procedures,
• anti-virus protection

Segmentik agrees to implement methods and procedures for the prevention and destruction of all viruses, trojans or other codes or instructions affecting, infecting or likely to infect the Software Solution and/or data and to ensure, via ongoing maintenance, the continuous updating of existing antivirus software.

Segmentik agrees to notify the Client as soon as possible of any breach of the physical or logical security of the Software Solution and/or data (attempted intrusions or appearances of new viruses, for example), to take all remediation measures necessary, and to keep the Client informed.

6. Authorized use of the software solution

The Client is authorized to deploy the Software Solution on its own Domains.

The Client can access and use the Software Solution, for its internal needs, in a worldwide, personal, non-transferable and non-exclusive manner. This includes the right to configure the Software Solution by employing the configuration and design tools provided therewith. No other right is granted on the Software Solution.

The Client must comply with the terms of the Documentation. Segmentik will not be liable for any damage suffered by the Client if the Client has not followed the instructions in the Documentation.

The Client warrants that it owns all rights on the Domains where the Software Solution is deployed, and that it is allowed to deploy it.

Segmentik will not be liable is the Client deploys the Software Solution on a Domain without having the proper rights or authorization.

7. Prohibited use of the software solution

The Client is not allowed to use the Software Solution in a manner which is not compliant with the Contractual Documents or the Documentation.

The Client must comply with applicable laws, rules and regulations, while using the Software Solution.

The Client will not engage in the following behavior, without this list being limitative:

• Use the Software Solution in contradiction with the Documentation.
• Act in a manner which may compromise performance of the Software Solution.
• Copy the Software Solution, in any manner, by any mean and in any shape.
• Try to access to Account of a third party.
• Grant access to its Account to a third party.
• Try to access the servers (outside of normal use of the Software Solution) or computers on Segmentik’s network.
• Try to upload viruses, trojans or any other invasive or illegal program on Segmentik’s servers.
• Extract data or computer code from the Software Solution without prior written authorization from Segmentik, in order to, notably, adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode, all or part of the Software Solution.
• Collect and process data, through the Software Solution, which may compromise the integrity of the Software Solution.
• Collect and process data, through the Software Solution, which may infringe on third party rights or applicable law.
• Use the Software Solution in an illegal manner, or in breach of the Contractual Documents or any applicable law.

8. Free use

The present Article can may depart from the rest of the Terms of Use and only applies to Clients using the Software Solution in a free version.

The Contractual Documents, for free trial Clients, do not include an Order/Quote, the General Terms of Sale and its Annexes. They are limited to the Terms of Use and the Privacy Policy.

The Client may be granted access to a limited version of the Software Solution, without subscription.

The Client must accept the present Terms of Use and the Privacy Policy upon requesting a free trial of the Software Solution, by checking the appropriate box.

The limited version of the Software Solution will only monitor traffic on the Client’s Website and not block any traffic.

Segmentik does not have any obligation regarding:

• Performance obligation while providing the Software Solution.
• Lack of bugs or anomalies in the Software Solution, or permanent availability of the Software Solution.
• Frequency of maintenance or update of the Software Solution.
• Software Solution quality.
• Service level agreement and availability of the Software Solution.
• Duration of support and continuity of the Software Solution.
• This free version is granted without provision of payment information.

Segmentik is not liable for any direct or any indirect damage of any kind, caused to the Client, over the course of the free trial.

This limitation of liability concerns all type of indirect damage, including, without being limited to: operating loss, loss of revenue, loss of orders, loss of earnings, loss of data or any other information, loss of customers, loss of anticipated savings, detriment to the image or reputation of the company, loss of opportunity.

The Client may be held liable by Segmentik for any damage caused to Segmentik due to non-compliance with the Terms of Use.

If the present liability cap cannot apply, for any reason, the amount of damages may not exceed the amount of the lowest monthly fee payable by a Client for access to the Software Solution, at the time of the damage.

9. Subscription

Any subscription to the Software Solution, other than to the free version, is subject to acceptance of an Order or signature of a Quote by the Client.
No access may be granted to the Software Solution without the Client doing so, unless the Client is subscribing to a free version.

10. Client Account

The Client can create an Account on the Website upon subscription to the Software Solution or upon order of the free trial.

Each Client can only have one Account. Sharing Accounts is not allowed.

The Client will create a login and password.

The Client must ensure that the password is strong and safe enough.

The Client must also provide all necessary information at the creation of the Account, such as legal information of their company, as well as billing and contact information. Not doing so would prevent the Client from using the Software Solution.

The Client is responsible to ensure the safety and use of its Account login and password.

The Client must ensure that they are used in compliance with the Terms of Use. The Client shall also be responsible for ensuring that the beneficiaries and users comply with the Terms of Use.

The Client agrees to implement appropriate measures to maintain the confidentiality of employees’ Account credentials for logging into, and using, the Software Solution, and to not divulge them in any form whatsoever to third parties who are not users authorized to access the Software Solution. The Client shall inform all users of the instructions and recommendations for keeping their Account credentials secret. In case of loss or theft of one of the Account credentials, the Client will use the procedure agreed upon with Segmentik for replacing the Account credentials.

If the Client notices that their account is compromised or used without authorization, or any other safety breach regarding their Account, they must inform Segmentik as soon as possible.

Segmentik may presume in good faith that all instructions or queries received by the Client originate from a person authorized to bind the Client.

The Client is alone responsible for any use of the Account, the Software Solution, and the Client agrees to bear any and all consequences arising from the use of the Software Solution, whether by itself or third party using the Account.

Segmentik may, at any moment, close the Account or suspend the Client’s access to the Software Solution, without notification, in case of non-compliance with the Terms of Use, and the Client will not be able to request any compensation. Segmentik cannot be held liable on this basis. However, Segmentik may hold the Client liable and request compensation, if the Client has not complied with the Terms of Use. All sums due to Segmentik by the Client will remain due.

11. Client Data

The Client will provide factual and up to date information on their Account, such data being used in the Software Solution.

The Client is responsible for any data added to the Software Solution.

In compliance with Article “Personal Data” and the Privacy Policy, the Client may also request the deletion of their Account. The personal data of the Client will be deleted by Segmentik, unless they are necessary for Segmentik to comply with its legal and regulatory obligations.

12. Personal Data

In order to provide the Software Solution, Segmentik must collect personal data, in a manner which is compliant with applicable laws and regulations.

The Client is fully informed that personal data, which are directly or indirectly provided to Segmentik, will be automatically processed.

Such personal Data may be those of the Client, in order to provide the Software Solution, or those of third parties collected when they visit the Domains, on the basis of the Client’s instructions.

If the Client requests Segmentik to collect or process the personal data of a third party, or if Segmentik collects and processes Personal Data upon the Client’s instructions, the Client warrants to Segmentik that they have all the necessary rights to process the personal data as data controller, Segmentik being data processor. If Segmentik is held liable on this basis, the Client will warrant Segmentik.

The Client must accept and comply with Segmentik’s Privacy Policy in order to use the Software Solution.

Collection and processing of personal data in the Software Solution is governed by the Privacy Policy.

13. Limited Warranty

SEGMENTIK WARRANTS THAT THE SOFTWARE SOLUTION IS COMPLIANT WITH ISRAELI LAWS AND REGULATIONS, AS WELL AS ITS DOCUMENTATION.

THE CLIENT IS HOWEVER SOLELY RESPONSIBLE OF THEIR USE OF THE SOFTWARE SOLUTION.

EXCEPT AS EXPRESSLY PROVIDED IN THE CONTRACTUAL DOCUMENTS, IN THE DOCUMENTATION, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE SOLUTION AND THE SERVICES ARE PROVIDED “AS IS” AND SEGMENTIK DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY REPRESENTATION REGARDING AVAILABILITY, RELIABILITY OR ACCURACY OF THE SOFTWARE SOLUTION AND THE SERVICES.

SEGMENTIK WARRANTS THAT THE SOFTWARE SOLUTION IS COMPLIANT WITH ITS DOCUMENTATION. HOWEVER, LIMITED CHANGE IN THE SOFTWARE SOLUTION DOES NOT CONSTITUTE NON-COMPLIANCE. THE CLIENT IS INFORMED THAT THE SOFTWARE SOLUTION IS ALWAYS EVOLVING. SEGMENTIK MAY INDICATE THAT SOME FUNCTIONS OF THE SOFTWARE SOLUTION, WHICH FIT THE CLIENT’S NEEDS, ARE STILL IN DEVELOPMENT, WHICH IS ACCEPTED BY THE CLIENT.

14. Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EACH PARTY BE LIABLE, WHETHER IN CONTRACT, IN TORT, OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO STRICT LIABILITY AND NEGLIGENCE) FOR LOST PROFITS OR REVENUES, LOST OR DAMAGED DATA, REPORTS, DOCUMENTATION OR SECURITY, OR SIMILAR ECONOMIC LOSS, LOSS OF PRIVACY, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT.

EACH PARTY’S LIABILITY TO THE OTHER PARTY FROM ALL CAUSES AND ALL THEORIES OF LIABILITY WILL BE LIMITED TO DIRECT DAMAGES ONLY.

IN ANY CASE, THE LIABILITY OF SEGMENTIK, IN THE CONTEXT OF PERFORMANCE OF THE CONTRACTUAL DOCUMENTS, IS STRICTLY LIMITED TO:

• IN CASE OF PAID SUBSCRIPTION: THE AMOUNT INVOICED TO THE CLIENT TO ACCESS THE SOFTWARE SOLUTION, FOR THE CURRENT PERIOD OF SUBSCRIPTION AT THE TIME OF THE DAMAGE, AS DETAILED IN THE ORDER.
• IN CASE OF FREE USE, SEGMENTIK EXCLUDES ALL LIABILITY OF ANY KIND, INCLUDING DIRECT AND ANY TYPE OF INDIRECT DAMAGES. IF THE PRESENT LIABILITY CAP CANNOT APPLY, FOR ANY REASON, THE AMOUNT OF DAMAGES MAY NOT EXCEED THE AMOUNT OF THE LOWEST MONTHLY FEE PAYABLE BY A CLIENT FOR ACCESS TO THE SOFTWARE SOLUTION, AT THE TIME OF THE DAMAGE.

14. Disputes

The Parties’ offices are located as follows:

For Segmentik: at the address specified in Article “Definitions”.
For the Client: at the address specified in the Order/the Quote, or in case of free trial at the address specified in the Account.
The Terms of Use are governed by Israeli law, to the exception of their provisions regarding conflicts of laws, and the United Nations Convention on Contracts for the International Sale of Goods (CISG).