TERMS OF SERVICE
Thank you for visiting Complete.li and/or downloading our email Extension, “complete.” These Terms of Service are an integral part of using our service, and you must completely agree to them in order to use our website, browser extension, and any other service provided by us.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Terms of Service;
“Browser Extension” or “Email Extension” refers to the browser extension that we provide, regardless of which browser we may make it available for;
“Service” refers to the services that we provide through our Site, including our marketplace and payment processing services;
“Site” refers to our website, www.Complete.li;
“Complete”, “complete.li” or “Summer” refers to our company, known as “Summer Social Labs LTD,” our Site, or our Service, depending on the context of the word;
“User” refers to you, anyone who downloads or installs our Browser Extension, and general visitors to complete’s Site;
“You” refers to you, the person who is entering into this Agreement with Summer.
3. Complete’s Features
Complete is an Browser Extension currently available for installation and use with any web browser. Specifically, our Service is designed to enhance your email writing experience: Complete identifies objects in your inbox (for example, word, phrases and more), and suggest them to you based on what you’re typing at the moment.
In order to use our Service, you must meet a number of conditions, including but not limited to:
· You must not be in violation of any embargoes, export controls, or other laws of the United States, Israel, or other countries having jurisdiction over this Agreement, Complete, and yourself. Although is headquartered in the State of Israel, United States law must be complied with as Google Chrome is located in the United States. For example, if the United States Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
· In accordance with Israel’s Privacy Protection Act 1981 including the 2012 amendments proposed in the Knesset, you must be at least 14 years of age. If you live in a jurisdiction other than the State of Israel and your jurisdiction has a higher minimum age to use our Site or Service without parental consent, then you must be at least that age.
· You must provide us with valid third party social website login credentials, such as Facebook, Twitter, or any other service with which Complete decides to permit interfacing. You must use a valid name and e-mail address when using our Service, which means that the name and e-mail address affiliated with your third party social website account must also be yours.
Complete is provided on an as-is basis. You hereby acknowledge that Complete cannot provide any assurances that it will be compatible or otherwise error-free with your browser software or any other software or hardware in your computer system. You agree to not hold Complete liable for any loss resulting from the user of our Browser Extension. You acknowledge and agree that even if Complete currently functions properly on your computer system, subsequent updates to Complete may result in a failure leading to loss.
6. The Browser Extension
Once you have downloaded and installed the Complete browser Extension, you may it freely, subject to certain conditions. You must not:
· Violate the laws of the United States, its states, the State of Israel, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
· Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the complete.li Site, Service, or its Users’ computers.
· Reverse engineer or otherwise modify the Browser Extension.
· Distribute the Complete browser extension software, whether on a commercial or non-commercial basis. If you wish to direct others to our Service you may refer them to our Site or the Google Chrome Web Store.
7. Limited License
We make our Browser Extension available for downloading at the Google Chrome Web Store. You are given the right to download and install one copy of the Browser Extension at the price listed. At the time of the writing of this Agreement, there is no cost to download Complete, though we reserve the right to charge a fee in the future. In the event that a fee is charged, all purchase and billing shall be handled directly by the Google Chrome Web Store and any issues with billing should be taken up with them.
Once you have downloaded the Browser Extension your rights are limited to your personal use. This means you cannot sell our Browser Extension anywhere else, share your license to use our Browser Extension with anyone else, reverse engineer or otherwise attempt to copy our Browser Extension, or try and make money off of it without our express written permission. Even if we offer our Browser Extension for free, you must still abide by these provisions and not copy or otherwise use our Browser Extension in a manner prohibited by this section. You obtain no ownership rights when you purchase and download Complete, but are instead buying (or, in the case of a free download, being given) a license to install and use the Browser Extension within the confines of this Agreement. All use must be in accordance with the way Complete was intended by us to be used, and the Browser Extension must not be reverse engineered or otherwise modified.
We reserve the right to alter, update, or remove our Browser Extension from your system at any time, or demand that you do so. We may conduct such modifications to our Browser Extension for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Browser Extension for security, legal, or other purposes.
9. Right to Collect and Disclose Information
In order to provide our Service, Complete must collect information from your email and the content you read & write. Complete may then use this information in conjunction with a third party provider, Complete itself, or both, to provide appropriate information based on the content on the page that you are viewing.
complete.li reserves the right to charge for all or some of the information provided to you, or for any other portion of its Service. In such an event, you will be notified prior to the charge and required to provide your payment information to us or a third party payment processor designated by us.
Fees shall be posted publicly on complete.li’s Site, through the Browser Extension, or some other method. In the case of a difference between publicized payment terms, the terms most favorable to complete.li shall take precedence.
Where a User provides payment to complete.li or an authorized third party providing complete.li’s Service in whole or in part, and that amount of money is subsequently taken from complete.li due to a chargeback, insufficient funds, or other action that is the fault of the User, complete.li is entitled to recover that amount from the User.
You agree that the sole method that you may use to resolve disputes with complete.li is that described within our “Forum of Dispute” section of this Agreement.
12. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including information provided by Complete through its Browser Extension, or any other party as a result of the use of the Browser Extension, without receiving our prior written permission. You agree that this prohibition applies even if you would otherwise have the right to copy the material under intellectual property law or other legal principles, as such copying can negatively impact Complete’s servers.
13. Your Copyright
Complete collects various data from you, and must retain the right to store and disseminate it. Whenever Complete collects data from you, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“Complete” or “complete.li,” when used as a Browser Extension or in various other contexts is an enforceable trademark used by us, Summer Social Labs LTD., to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
15. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
16. Copyright & Trademark Infringement
We take copyright infringement very seriously. Israeli law requires anyone who believes that their copyright has been infringed by a third party using our Service to give us notice, including information sufficient to stop the infringement, before we may be held liable for contributory infringement.
Additionally, though Summer Social Labs LTD. does not make any concessions that it or its activities involving the Complete Browser Extension are subject to United States law, and our “Choice of Law” provisions within this Agreement are absolute, we have registered a Copyright Agent with the United States Copyright Office, which limits our liability within the United States court system under the United States Digital Millennium Copyright Act.
If you believe that your copyright has been infringed, please send us a message which contains:
· Your name.
· The name of the party whose copyright has been infringed, if different from your name.
· The name and description of the work that is being infringed.
· The location on our website of the infringing copy.
· A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
· A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at:
Attn: Summer Social Labs Copyright Agent
8 Melchet St.
Tel Aviv 65215
If sending the notification by e-mail, an electronic signature is acceptable.
We recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
If you are sending the notice to us for purposes other than use in the United States, you are not required to swear anything under penalty of perjury, though you may do so if you wish. However, we do recommend providing the other information requested for our DMCA provisions as it will be more likely give us information sufficient to comply with Israel’s notice and takedown procedure.
17. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE MAY SHARE YOUR DATA WITH THIRD PARTIES AND THAT THOSE PARTIES ALONE, EXCLUSIVE OF SUMMER SOCIAL LABS LTD., SHALL BE LIABLE FOR ANY MISUSE OF THAT DATA, EVEN IF WE WOULD OTHERWISE NORMALLY BE HELD LIABLE FOR SUCH MISUSE.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, WHETHER DESIGNATED BY US OR BY A THIRD PARTY SUCH AS THE GOOGLE CHROME WEB STORE, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, AND NEITHER WE NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO DELIVER ANY SERVICES TO YOU UNTIL PAYMENT HAS BEEN RECEIVED IN FULL BY THE RELEVANT BILLING PARTY.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
WE MAY UPDATE, CANCEL, OR OTHERWISE MODIFY OUR SERVICE AT ANY TIME. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY INCOMPATIBILITY, GLITCH, ERROR, OR OTHER PROBLEM CAUSED IN WHOLE OR IN PART BY THE USE OF OUR BROWSER EXTENSION ON YOUR COMPUTER OR ANY OTHER PERSON’S COMPUTER, WHETHER CAUSED BY AN UPDATED VERSION OR THE VERSION WHICH YOU INITIALLY INSTALL ON YOUR COMPUTER SYSTEM.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
19. Choice of Law
This Agreement shall be governed by the laws in force in the State of Israel. The offer and acceptance of this contract are deemed to have occurred in the State of Israel.
20. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement which names Summer Social Labs LTD. and/or any party acting in a professional capacity with the intention of benefiting Summer Social Labs LTD. will be heard solely by a court of competent jurisdiction in the State of Israel. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be head solely within a Magistrate Court’s small claims division (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court. At the time of drafting this Agreement, the monetary jurisdiction of the Small Claims Court is 33,800NIS (see http://elyon1.court.gov.il/heb/agrot/ktanot.htm).
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
21. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Summer shall have the sole right to elect which provision remains in force.
Summer reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
24. Termination & Cancellation
We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
25. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will post the changes to this Agreement along with the date that it was last modified. You must visit this page each time you use our Service and agree to any changes as a condition of your continued use of our Service. If you do not agree to the changes, you must cease using our Site and Service immediately and inform us of your non-agreement with information sufficient to identify your account at email@example.com so that we may disable your account.
27. California Users and Residents
California users are eligible to use our Service. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Summer must be addressed to our agent for notice and sent via certified mail to: Summer Social Labs LTD., 8 Melchet St., Tel Aviv, 65215, Israel.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: June 25, 2014