PIXMOLE Terms of Use

Updated for October 15, 2024.

 General

1.  Welcome to the website pixmole.com, owned and operated by PIXMOLE Technologies Ltd. (hereinafter referred to as “We” or “the Company“).
2. These Terms of Use, together with the Company’s Privacy Policy (hereinafter collectively referred to as “the Terms of Use“), govern all use of pixmole.com, including any content, functionality, and Services offered on or through the website (the “Services”), or any subdomain(s) and/or related application(s) (hereinafter referred to as “the Website“), and establish the legal relationship between the User of the Website (hereinafter referred to as “the User” or “You“) and the Company. 
3. By accessing, browsing, or otherwise using the Website, You acknowledge that You have read, understood, and agree to be bound by these Terms of Use. If You do not agree to these Terms of Use, You are not authorized to use the Website nor any of its services.
4. We may revise and update these Terms of Use at any time. Any changes take effect immediately upon posting these changes apply to your subsequent use of the Website. By continuing to use the Website after updated Terms are posted, You signify your acceptance of those changes. We encourage You to periodically review this page to stay informed of any updates, as they are binding.

User and Language

1. To use the website and its services, You must be of legal age, and legally able to form binding contracts in your jurisdiction. This may involve obtaining parental or guardian consent if required by your local laws. By using this website and our services, You confirm that You meet these requirements.
2. The website, along with all documents and communication with the Company, operates in English. By using the website and any of our services, You acknowledge and agree to English as the primary communication language and confirm Your full understanding of its English content.

The contents and information displayed on the Website 

1. The Website provides general information about the company, its fields of activity, and various services offered by Us. The information and content presented on the Website (hereinafter collectively: “the Information“) is general and informative, provided on an “AS-IS” basis.
2. The Information presented on the Website is intended solely for general informational purposes and should not be construed as professional advice or counsel. The information does not represent any opinions or recommendations of the Company or its representatives. Users should not rely on the Information as a substitute for professional judgment or expertise.
3. The Company strives to ensure the accuracy and timeliness of the Information provided on the Website and by using the Services. However, it cannot guarantee the completeness or error-free nature of such Information. If You encounter any discrepancies or omissions in the Information, please inform us via the contact details below.
4. The Company reserves the right, at its sole discretion, and without prior notice, to suspend or discontinue the operation of the Website, either partially or completely, temporarily or permanently. The Company may also modify the Website’s nature, content, design, and Information at any time. 
   1. The Company may occasionally publish on the Website opinions expressed by professionals, articles, and other informative content. The Company does not guarantee the accuracy or completeness of any information or opinion contained within this content and assumes no responsibility for its accuracy, completeness, or suitability for any specific purpose. To clarify, the Company shall not be liable for any damage or loss arising from the reliance on, or use of such content or information by any User.

Payment and Subscription Management

1.  We offer free and premium services. While basic features are available at no cost, advanced functionalities require a premium account subscription. Premium subscriptions are billed on a recurring basis, either monthly or annually, as per Your selected plan. All charges are collected in advance for each billing cycle.
2. For detailed information about our premium account plans, please visit https://www.pixmole.com/pricing/  which is incorporated into these terms by reference. 
3.  Subscription Management:
   1. Renewal: Your subscription will automatically renew at the end of each billing cycle unless canceled by You. Downgrading to “Free Plan” allows your current subscription to remain active until the end of the paid period, after which it will expire. Upon expiration, your account will revert to the free tier which offers a limited set of core features.
   2. You may upgrade or downgrade your subscription at any time, subject to our current policies. Upgrades take effect immediately, while downgrades become active at the start of the next billing cycle.
   3. You may cancel your account at any time, by contacting us via support@pixmole.com. 
4.  Subscription Payments:
   1. We offer a variety of payment options, which may be updated periodically. By submitting your chosen payment method, You grant us permission to charge your payment method for all fees associated with your account activity.
   2. Subscriptions only become active after successful payment processing. 
   3. We reserve the right to modify subscription prices, benefits, and features at any time. We will inform You about price changes in advance. Your current rate continues until the next billing cycle, after which the new price takes effect. 
   4. Non-payment, cancellation, or downgrading may lead to restricted access or loss of subscription features, potentially including the removal of related data, services, or functionalities. 
   5. Missed or canceled payments may result in subscription termination and removal of associated benefits from the Website. 
5. For any additional inquiries regarding our Subscriptions, please contact us at support@pixmole.com.

1. The Company may offer additional services, such as results analysis, case preparation, and legal handling via local legal partners (the “Additional Services”).
2.  Pricing and specific terms for Additional Services shall be agreed upon between You and the Company separately.
3. The Company reserves the right to modify, add, or discontinue additional services at any time. This includes, but is not limited to, changes in service offerings, legal partners, operational locations, pricing structures, and the terms that apply to each service.

1.  

 Disclaimer of Liability

1. To the maximum extent permitted by applicable law, the Company and its affiliates (including its directors, officers, employees, agents, and representatives) expressly disclaim and exclude:
   1. All representations, warranties, and conditions relating to the Website, its content, and Services, whether expressed, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
   2. Any and all liability for any loss, injury, claim, damage, or expense of any kind or nature, whether direct, indirect, incidental, punitive, special, exemplary, or consequential, including but not limited to: a) loss of profits, revenue, data, use, goodwill, or other intangible losses; b) business interruption; c) personal injury or property damage; and d) any other pecuniary or non-pecuniary loss, arising out of or in any way connected with i) the use of or inability to use the Website, its content, or Services; ii) reliance on any information provided on the Website; iii) any conduct or content of any third party on the Website; and iv) unauthorized access, use, or alteration of your transmissions or content; regardless of the form of action, whether based on contract, tort, negligence, strict liability, or any other legal theory, and whether or not the Company has been informed of the possibility of such damage.
2. It is hereby clarified that services designed to detect media use across the internet are subject to limitations. While our advanced detection algorithms and monitoring systems strive for comprehensive coverage, the vast and constantly evolving nature of the Internet ecosystem inherently limits the possibility of absolute and all-encompassing detection. Although our Services significantly enhance the ability to identify and address unauthorized media usage, we cannot guarantee identification of every infringement. By using our Services, the User acknowledges these limitations and expressly waives any claim against the Company regarding undetected unauthorized media usage.
3. If, despite the foregoing disclaimer of liability, a court of competent jurisdiction determines that the Company has any liability to the User for any loss or damage, the User agrees that the Company’s total cumulative liability shall be limited to direct damages only and shall not exceed the total amount paid by the User to the Company for the particular service or product giving rise to the liability during the six (6) months immediately preceding the event giving rise to the claim.

By accepting these terms, You acknowledge that this liability limitation strikes a reasonable balance between your entitlement to pursue valid claims and the Company’s imperative to mitigate risks and ensure long-term viability.

 

 Indemnification

The User hereby agrees to indemnify, defend, and hold harmless the Company (including its affiliates, subsidiaries, partners, directors, officers, managers, employees, agents, successors, and assigns) and any third party from and against any and all damages, losses, liabilities, claims, expenses, demands, costs, judgments, penalties, fines, settlements, and attorney fees, whether direct or indirect, arising out of or in any way connected with: (a) the User’s access to or use of the Website, Services, or Content; (b) the User’s violation of these Terms of Use or any applicable laws, regulations, or third party rights; (c) the User’s provision of any information, data, or content to the Company; (d) any actions taken by anyone on the User’s behalf or using the User’s account; (e) any dispute between the User and any third party; (f) any negligence, misconduct, or unauthorized use by the User or its representatives; and/or (g) any allegation that the User’s use of the Website infringes upon or misappropriates the intellectual property, privacy, publicity, confidentiality, or other legal rights of any third party.

 

Delivery of advertisements, newsletters, and direct mail 

1. With the User’s consent, The Company may send the User newsletters, information about benefits, promotions, and marketing materials.
2. By providing contact information on the Website and confirming receipt of advertising materials, the User grants express consent to receive the Notices through various electronic means, including email, newsletters, and other similar methods.
3. The User may withdraw their consent to receive the Notices and advertising materials at any time by contacting the Company. 

 Intellectual property

1. The Company holds exclusive ownership of all intellectual property rights associated with the Website and its services, including copyrights, methods, services, names, logos, brand names, images, photographs, texts, domain names, and other similar items. These rights encompass the Website’s graphic design, databases, computer code, internet address, and any other operational details (collectively referred to as “Intellectual Property“).
2. Without the Company’s prior written permission, the User may not copy, reproduce, photograph, transmit, create derivative works, publish, distribute, publicly perform, process, edit, sell, market, or translate any information from the Website, including trademarks, images, texts, or computer code. It is understood that Users are not granted any license or right to the Intellectual Property or the Website, or any part thereof, as part of their use of the Website.
3. The User may not make any commercial use of the Company’s published data, its database, or other details published by the Company without the Company’s prior written consent.
4. Icons, any information and/or displays appearing on the Website, including graphics, design, verbal presentation, trademarks, logos, as well as the editing and presentation of these, are the exclusive property of the Company. Any use of this Company property must comply with the Terms of Use.

User content 

1. As part of the Services, We offer features that enable Users and subscribers to submit various types of content, including images, photographs, data, and other materials (collectively referred to as “User Content”).
2. To avoid any doubt, the company is not responsible, or liable to any third party, for the content or accuracy of any User Content. The User alone is responsible for the selection of all User Content, and assumes all risks associated with the content, accuracy, completeness, consistency, integrity, legality, reliability, and appropriateness of User Content, as well as the use of all such User Content,
3. While the Company does not claim ownership of any User Content, by providing User Content, You grant the Company, including its affiliates, service providers, and successors, and assigns a non-exclusive, worldwide, royalty-free license to:
   1. Store, copy, display, process, and use Your User Content to operate, and improve our services.
   2. Disclose Your User Content to third parties as necessary to provide You with our Services and in accordance with Your account settings.
4. The Company has no obligation to monitor or review User Content. However, we reserve the right to do so at our sole discretion. We may remove or disable access to any User Content at any time, without notice, for any reason, including but not limited to violations of these Terms of Use.
5.  By submitting User Content, You represent and warrant that:
   1. You own or control all rights to the User Content You submit and have the authority to grant the license described in section 13.3 above.
   2. All your User Content complies and will comply with these Terms of Use.

 Links to other Websites

The Website may provide links, hyperlinks, or banners to other websites that the Company does not supervise or control. The Company is not responsible for the content, reliability, legality, or security of these websites, and makes no representations as to their accuracy or suitability. As a result, the Company will not be liable for any damages, losses, or expenses, direct or indirect, consequential, or incidental, that may arise from or be caused by the User or a third party’s use of these websites or the content contained therein. The User is solely responsible for their use of such websites and their content.

 

 Applicable law and jurisdiction

The Terms of Use, including any modifications or amendments thereto, as well as the use of the Website and the services, shall be governed by and construed in accordance with the laws of the State of Israel. The courts of Tel Aviv-Yafo, Israel, shall have exclusive jurisdiction over any dispute or claim arising from or related to the use of the Website.

 

 Additional conditions

1. If any provision of these Terms of Use is determined by a court of competent jurisdiction to be illegal and/or invalid, such provision shall be struck from these Terms of Use and the remaining provisions shall remain in full force and effect.
2. These Terms of Use do not derogate from any rights granted to the Company under any applicable law.
3. Waiver, failure to act promptly, or granting an extension shall not be construed as a waiver by the Company of any of its rights under these Terms of Use or under the law and shall not bar a claim by the Company or anyone on its behalf unless such waiver is made expressly and in writing.
4. The Company may, at its sole discretion, modify these Terms of Use from time to time without prior notice. The current Terms of Use posted on the Website shall govern the User. The User’s continued use of the Website following any updates to these Terms of Use shall constitute the User’s acceptance of the updated Terms of Use, including any modifications.

 Contact us

For any questions or inquiries regarding the Website, our services or these Terms of Use, please contact us via email at: support@pixmole.com