Terms of service

Terms of service - Website

Terms and Conditions

Last updated: June 22, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

– Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

– Country refers to: Israel

– Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Ultraise.

– Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

– Service refers to the Website.

– Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Free Terms and Conditions Generator.

– Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

– Website refers to Ultraise, accessible from https://ultraise.com/

-You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: By email: [email protected] or by visiting this page on our website: https://ultraise.com/work-with-us/

Generated using Free Privacy Policy Generator

Terms of use - Service

Confirmation by the client of each quote constitutes agreement on all sections of the terms of use and aforementioned work agreement, without the ability to dispute them.

Our tailored work agreements and price quotes are confidential and may not be passed on to other parties without our (Ultraise) express written consent.
The validity of this work agreement is equal to the validity of the quote sent to the customer. After the quote expires, this work agreement may change for that customer.
The period of the work agreement is equivalent to the period of the project, which is defined as the moment when the advance payment is received for a certain project or when we (Ultraise) define the project as “Started”, until the moment of the end of the work when we (Ultraise) define the project as “completed”.
Failure to pay for the project after it has been defined as “completed” constitutes, after we (Ultraise) have sent a 10-day written notice to the client, a fundamental violation of the terms of use and the aforementioned work agreement.
Any payment to be paid according to the representative exchange rate of the US dollar or any other currency, will be paid according to the exchange rate known at the time of submitting a transaction bill to the customer. We (Ultraise) will issue the customer a receipt and/or invoice number in accordance with the law.
The work that will be performed as part of the project is limited only to the items written in the price quote sent to the customer. The customer confirms that any additional work will be performed at an additional cost against a new quote.
In cases where a technical error was made by us (Ultraise) including an error in texts, an error in design, incorrect settings for paid campaigns, and more. We (Ultraise) will perform only the required repair at no additional cost, but the customer confirms that we (Ultraise) are not responsible to compensate him.
At the end of the project period, Ultraise will not be obligated to repair any faults in the product even if they are discovered.
If the project includes items related to paid campaigns, the customer authorizes us (Ultraise) to have access to his digital assets including page, user, ad account, business account, pixel (tracking code), website, username and password for any user (if necessary). We (Ultraise) undertake to request access only to the digital assets required to perform the work optimally.
If the project includes items related to paid campaigns, we (Ultraise) undertake to set the budget of the paid campaigns according to the client’s request, but in the case of a human mistake where for some reason the budget of the campaigns was exceeded due to incorrect settings, the client confirms that we (Ultraise) are not responsible for any type of compensation for the damage caused as a result.
If the project includes items related to paid campaigns, we (Ultraise) are not responsible for any damage caused as a result of the client’s intervention and changes made to the paid campaigns, including changing definitions, changing budgets, changing audiences, changing ads, and more.
We (Ultraise) undertake to maintain the privacy of the customer and his data, and we will use them only with his full written consent.
We (Ultraise) undertake to use various security features such as two-step verification in our personal account, our business account, the use of a secure CRM (customer management) system, and more. In order to maintain the privacy of customer data, and to ensure that the security level of the ad accounts we (Ultraise) manage is high. However, in unexpected cases where hackers break through our accounts into the customer’s ad account, page, user, website, or any digital asset and use it for malicious purposes, we (Ultraise) are not responsible at all for the results and damages caused since it is beyond our control. We (Ultraise) undertake to reasonably help the customer repair the damages as much as possible by helping to contact the support of the relevant platform only.
We (Ultraise) do not commit to certain results of performance (Performance) within the framework of projects (for example, number of leads, cost per lead, number of sales, cost per sale, and cost per a certain result), whether it is through paid advertising, organic advertising, building a website, and more. The number of results and their quality depend on many different factors beyond our control, including market size, audiences, marketing message, budgets, target audience, and more. We (Ultraise) undertake to invest the greatest efforts to perform the work in the best and most professional manner within the framework of each project, in the pursuit of achieving optimal results for the client.
The rights of all marketing and advertising materials that we (Ultraise) create as part of any project belong to Ultraise, and these rights are free of any right of any third party unless otherwise agreed with written permission from Ultraise. The customer will be allowed to use the advertising materials for the benefit of marketing his business freely without restriction.
The customer undertakes not to compete with Ultraise in the sale of its specific products as independent products. In general, the customer undertakes not to be involved in the development of products that compete with Ultraise’s products.
The customer confirms that we (Ultraise) are not responsible for any of his business damages including financial damages, branding damages, legal damages, and more. Caused by any project indirectly or directly.
We (Ultraise) declare: that at the time of sending a price quote/transaction invoice, we are not aware of any claim or claim relating to the violation of intellectual property rights in the product
The monthly maintenance and support package (retainer for managing funded PPC campaigns) includes up to three changes at the client’s request each month, and additional changes will be charged per hour of work at a cost of NIS 250/hour.
After the price quote of the monthly maintenance and support package is accepted by the client, the monthly payment will be arranged with the customer, which is renewed automatically every month via credit/bank direct order (retainer). The payment may change from month to month according to the budget used in the advertising platforms, and we (Ultraise) are entitled to change the amount of the payment each month ourselves so that it corresponds to the payment required as detailed in the price offer that the customer received and approved. In the monthly performance report that will be sent to the client, the total used budget on which we based the payment will also be indicated.
If there is an existing work agreement for a monthly maintenance and support package, both parties have the option of stopping the provision of services at any given time with a month’s advance notice.
If the customer granted access to our lead management system (CRM), confirmation by the customer of the price quote also constitutes confirmation that the period of use of the CRM system is only temporary, and we (Ultraise) may stop the customer’s use of it with immediate notice. In such a case, we will send the client all the details of his leads in a neat Excel file. In addition, the customer confirms the fact that we (Ultraise) will be exposed to sensitive information and details of his leads/customers. We undertake to keep the information secure as much as we can, but we are not responsible for any damage that may occur as a result. In addition, approval by the customer of the price quote also constitutes an irrevocable approval of all sections of the privacy policy found on our website at: https://ultraise.com/privacy-policy/

Terms of service - Website

Terms of use - Service

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