NetOp reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for viewing these Terms periodically. Your continued use of the Service after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of the Service and to cancel any Account(s) (as defined below) you have created for use of the Service.
If you violate the Terms, NetOp reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend all or part of the Account(s) you have created for using the Service. You agree that NetOp does not need to provide you notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.
You agree that NetOp may change any part of the Service, including its content, at any time, or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
The Service is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, reproduce, or use crawlers, robots, data mining or extraction tools of any type in connection with any content or information, software, products or Service available through our Service for any commercial or competitive activity or purpose.
You declare that by acceptance of these Terms and/or by using the Service you are of legal age to form a binding contract with NetOp, and in any case, at least 18 years of age. You may not use the Service and may not accept these Terms if you are a person barred from using the Service under the laws of the country in which you are resident or from which you access the Service. If the Service or any part thereof are determined to be illegal under the laws of the country in which you are situated, you shall not be granted any right or license to use the Service, and must refrain from using the Service.
Subject to your agreement and compliance with these Terms, NetOp grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Service. Use of the Service shall be solely for your own, private purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.
NetOp provides its users with an artificial intelligence powered network optimization platform (the “Platform”) which allows its users to increase productivity, maintain network health, optimize network operations, automate network related workflow and facilitate cross-domain network operations via the identification and validation of network elements. The Platform includes a dashboard which reflects to its users, network analysis conducted by NetOp and recommended actions to be taken to optimize network management processes. NetOp is also engaged in the ideation, development, maintenance and provision of a website (the “Website”) which provides information on NetOp’s Platform (the Platform and Website shall be defined collectively herein as the “Service”).
It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Service. NetOp does not provide you with the equipment to access and/or use our Service. You are responsible for all fees charged by third parties related to your access and use of the Service (e.g., charges by internet service providers or air time charges).
NetOp cannot guarantee that the Service will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Service, and may result in the failure of your communications including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. NetOp takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
In order to register to our Platform, you will be required to create an account (the “Account(s)“). During the process of creating an Account, you will be required to select a username and a password (the “Login Information“). The following rules govern the security of your Account(s) and Login Information. For the purposes of these Terms, references to Account(s) and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Platform, including any account information related to a social network service account from which the Platform is accessed:
The Platform or any part of it may be subject to payment of applicable fees, as shall be detailed on the Service from time to time. In the event use of the Platform is subject to payment, then access to the Platform and use of its features will be contingent upon timely payment of applicable fees. NetOp reserves the right to terminate your use of the Platform in case of any failure on your part to timely pay any fees due by you to NetOp (if any). NetOp may, at its sole discretion, add, remove or change the features and service it offers or the fees (including the amount or the type of fees) NetOp charges at any time. You agree that you are responsible for checking the Services regularly to confirm whether there are any new fees and their effective date(s). All fees payable by you are exclusive of any applicable taxes and duties, including, without limitation, VAT and applicable sales tax. Fees are quoted and payable in United States dollars and fees are based on Service purchased and not actual usage.
NetOp may refuse access to the Service or may terminate your Account(s) without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account(s), or illegal or improper use of the Service, User Content (as defined below), products, or NetOp’s intellectual property as determined by NetOp in its sole discretion. You may lose your user name as a result of Account termination, without responsibility on the part of NetOp for any damage that may result from the foregoing. If you have more than one Account, NetOp may terminate all of your Accounts.
In addition to the foregoing, NetOp may selectively remove, revoke or garnishee Benefits associated with your Account(s). “Benefits” mean licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or offline elements or features of the Service, and include but are not limited to customer content, digital and/or virtual assets. If your Account(s), or a particular subscription for a Service associated with your Account(s), is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your Account(s), no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account(s) or Benefits associated with your Account(s) or the Service (or any part thereof).
You acknowledge that NetOp is not required to provide you notice before suspending or terminating your Account(s) or selectively removing, revoking or garnisheeing Benefits associated with your Account(s). In the event that NetOp terminates your Account(s), you may not participate nor make use of the Service again without NetOp’s express consent. NetOp reserves the right to refuse to keep accounts for, and provide access to the Service or any future service or any part thereof to, any individual. You may not allow individuals whose Account(s) have been terminated by us to use your Account(s). If you believe that any action has been taken against your Account(s) in error, please contact us at: email@example.com.
You agree that any content published by you through the Service is done so through the use of technology and tools provided by NetOp. You agree that you are publishing such content willingly and you represent that you own such content or have received the necessary authorizations from third parties to publish said content.
We do not claim ownership of any videos, data, text, graphics, photographs, or any other content, and their selection and arrangement, provided or uploaded to the Service by any user (the “User Content“). However, by sending and/or creating User Content and/or using the Service you automatically grant us a non-exclusive, royalty-free, perpetual license of all worldwide rights to share, use, edit, modify, include, incorporate, adapt, record and reproduce such User Content, including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes set forth in the Service and these Terms, including for the avoidance of doubt commercial, non-commercial and/or promotional use by us associating such User Content with your user information, user name and/or profile picture. We may retain any raw material that you submit, and make internal use of such material including for testing purposes.
We may or may not regulate User Content and provide no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that we will not, under any circumstances, be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
We reserve the right (but shall at no time be obligated) to, in our sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Site and/or the App with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, we shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
You are solely responsible to preserve the originals of any content you provide and/or upload to the Service. NetOp does not guarantee that any content will always be available through the Service. Do not rely upon the Service as a storage space for such content.
The Service may provide communication channels such as forums, communities, or chat areas (the “Communication Channels“) designed to enable you to communicate with other users of the Service. NetOp is under no obligation to monitor these Communication Channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. NetOp may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by NetOp, and these communications should not be considered reviewed or approved by NetOp. You will be solely responsible for your activities within the Communication Channels and under no circumstances will NetOp be liable for any activity within the Communication Channels. You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. NetOp is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of such Service. Without limiting the foregoing and in recognition of the global nature of the internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.
You undertake that you shall not defraud, or attempt to defraud, NetOp or other users, and that you shall not act in bad faith in your use of the Service. If NetOp determines that you have acted in bad faith and/or in violation of these Terms, or if NetOp determines that your actions fall outside of reasonable community standards, NetOp may, at its sole discretion, terminate your Account(s) and prohibit you from using the Service. You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
NetOp and/or its affiliates retain all rights in the Service’s materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service’s Materials“). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without NetOp’s explicit, prior written consent. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from NetOp. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account(s) as well as severe civil and criminal penalties.
NetOp and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service’s Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service’s Materials, or rights to any derivative works thereof.
You are not required to provide NetOp with any feedback or suggestions regarding the Service or any of the Service’s Materials. However, should you provide NetOp with comments or suggestions for the modification, correction, improvement or enhancement of the Service and/or any of the Service’s Materials, then, subject to the terms and conditions of these Terms, you hereby grant NetOp a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner NetOp chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of NetOp’s and its sublicensees’ products and content embodying such comments or suggestions in any manner and via any media NetOp chooses, but without reference to the source of such comments or suggestions.
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, we, our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on our behalf, disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. We make no warranties or representations about the accuracy or completeness of the content of the Service, of the content of any sites linked to the Service, of any Third Party Materials (as defined below) and assume no liability or responsibility for any:
WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL WE, OUR MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, AFFILIATES, EMPLOYEES, CONSULTANTS, SERVICE PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY ACTING ON OUR BEHALF, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT DESPITE THE EXPLICIT PROVISIONS OF THIS PARAGRAPH, WE ARE FOUND LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OUR MAXIMUM LIABILITY FOR ANY SUCH DAMAGES OF ANY KIND, SHALL NOT EXCEED US $100.
The security of information and payments transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet links, shall be borne solely and exclusively by you, and in no event, shall any such losses be borne, in whole or part, by us.
You agree to indemnify and hold us, and each of our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on its behalf, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of the following:
Additionally, we shall not be deemed to be in breach of these Terms, nor shall we incur any liability or bear any responsibility due to a delay or failure in performance caused by Force Majeure. “Force Majeure” referrers to circumstances beyond our reasonable control, including but not limited to acts of God, fire, flood, war, terrorism, embargo, accident, labor disputes, or shortage of material, equipment or transport, any law, regulation, or any ruling of court, tribunal or governmental agency.
Your correspondence or business dealings with, or participation in purchase of goods, use of coupons, promotions of, advertisers found on or through the Service, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that NetOp will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service, including, for the avoidance of doubt any dealings with third party vendors and/or merchants which were referred in any suggestions and/or recommendations provided through and/or within the Service.
You may be able to access, review, display or use third party service, resources, content, data, information, software code (including, without limitation, any Suggested Code) and/or links to other websites or resources (the “Third Party Materials“) via the Service. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and NetOp disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the Service. You acknowledge and agree that NetOp: (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or Service on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the Service. Your ability to access or link to Third Party Materials or third party Service does not imply any endorsement by NetOp of Third Party Materials or any such third party Service.
These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted (by license or otherwise) by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.
Without derogating from any of NetOp’s rights and remedies under these Terms and/or under law, NetOp will be entitled, at its sole discretion, to immediately discontinue the Service or any part thereof, including the termination of your Account(s), in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.
You may not use any Third Party Materials for which you have not obtained appropriate approval to use. NetOp cannot grant permission to use third party content.
The Service may contain links to other websites or resources (the “Linked Sites”). The Linked Sites are not under the control of NetOp and NetOp is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NetOp is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by NetOp of the site or any association with its operators. You acknowledge and agree that NetOp will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Service available on or through any such site or resource.
Notices to you may be made via the Service and/or e-mail. NetOp may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. You agree that all agreements, notices, disclosures and any other communications that NetOp provide as aforementioned satisfy any legal requirement that such communications be in writing.
By using or visiting the Service, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and NetOp. Any claim or dispute between you and NetOp that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel. NetOp reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND NETOP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
For any questions about these Terms or any other issue regarding NetOp or the Service please contact us at: firstname.lastname@example.org.
Last update: February 2020.
All rights reserved, NetOp CLD Ltd.