eSavvy App Terms of Use

WELCOME TO ESAVVY ("ESAVVY" OR "WE").

ESAVVY LTD. ("ESAVVY, OR "WE," OR "US,") OPERATES AN INFLUENCER NETWORK PROGRAM THAT ENABLES PROMOTING BRANDS AND SENDING REFERENCES TO THE BUYERS, BY USING THE ESAVVY TOOLS("INFLUENCERS"), TO PROMOTE AND MONETIZE CERTAIN CONTENTS ("PROGRAM"). BY OPENING AN ESAVVY PROGRAM ACCOUNT AND/OR BY USING ANY OF THE ESAVVY SERVICES, TOOLS OR PLATFORM; YOU, AN INDIVIDUAL("YOU") ACCEPT AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE ("TERMS") AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE PROGRAM.

THESE TERMS, CONSTITUTES A LEGAL AGREEMENT WITH RESPECT TO YOUR PARTICIPATION IN ESAVVY PROGRAM AND USING THE ESAVVY PLATFORM AND SERVICES, AND REGULATES THE BUSINESS RELATIONSHIP BETWEEN YOU AND ESAVVY. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PROGRAM OR ANY ESAVVY TOOLS AND SERVICES. ESAVVY RESERVES THE RIGHT TO AMEND THESE TERMS, AT ANY TIME, AT ITS SOLE DISCRETION, EFFECTIVE IMMEDIATELY UPON POSTING SUCH AMENDED TERMS VIA THE PROGRAM, AND THEREFORE, WE URGE YOU TO CHECK PERIODICALLY FOR UPDATES. YOUR CONTINUED USE OF THE PROGRAM, AFTER THE POSTING AN UPDATED VERSION OF THE TERMS, CONSTITUTES YOUR AGREEMENT TO ANY AMENDED VERSION OF THE TERMS.

BY DOWNLOADING, INSTALLING OR USING THE PROGRAM, YOU EXPRESSLY AGREE TO, AND CONSENT THAT YOU UNDERSTOOD THESE TERMS, AND THAT YOU CONSENT TO BE BOUND BY THESE TERMS. PLEASE READ THESE TERMS CAREFULLY BEFORE APPROVING THE ABOVE.

THE PROGRAM IS INTENDED FOR PRIVATE ACCOUNTS ONLY. THEREFORE, IN CASE THAT YOU ARE A CORPORATION, YOU WILL NOT BE ABLE TO OPEN AN ACCOUNT, UNLESS YOU HAVE ADDRESSED TO US IN SPECIFIC ASKING TO DO SO, ON SUPPORT@ESAVVY.IO, AND WE HAVE AGREED IN WRITING. YOU SHOULD NOT ACCEPT THESE TERM ON BEHALF OF A BUSINESS ENTITY, UNLESS YOU HAVE BEEN AUTHORIZED TO BIND THAT ENTITY TO THE TERMS OF THESE TERMS.

ANY DOWNLOAD, INSTALLATION OR USE OF THE PROGRAM, INCLUDING ANY UPDATED VERSION OF THE PROGRAM, IS SUBJECT TO, AND SHALL REMAIN SUBJECT TO, THE CONDITIONS OF THESE TERMS, AT ANY TIME. IF YOU DO NOT AGREE TO THE FULL EXTENT OF THESE TERMS, OR IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT DOWNLOAD, INSTALL OR USE THE PROGRAM OR ANY OF THE ESAVVY TOOLS AND SERVICES OR IF YOU HAVE INSTALLED IT, THEN PLEASE UNINSTALL IT IMMEDIATELY FROM YOUR DEVICE, AND DO NOT ACCESS, USE OR INSTALL IT IN ANY FORM OR MANNER.

THE USE OF THE MASCULINE GENDER IN THESE TERMS IS FOR CONVENIENCE PURPOSES ONLY, AND ANY PART THEREOF, IN WHICH THE MASCULINE GENDER IS USED, APPLIES THE FEMININE GENDER AS WELL.

In order to be able to become an Influencer, You will be required to register an account upon the registration to the Program (the "Account") and to provide certain information about You, or alternatively, you may be registered via your Google or Facebook or Apple account. You hereby declare and acknowledge that You are not required to provide any information about yourself, except for your full name, email, phone number and country. Any information that You provide via your Account, shall be treated in accordance with our privacy policy.

Upon your registration, You will also be asked to select a username. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under the Account with or without your knowledge. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

Via Your account, You will be able to do the following: access your personal account in the mobile phone or in the desktop, Promote brands and products and deals, build your own community of influencers, follow on what is working best for you and others, get personal offerings and generate your own tracking links with custom content attached to them. You also will be able to see the status of your rewards and will be able to redeem your rewards when you are eligible for it.

You must be at least 18 years old to use our Services (or such older age required in your country to be authorized to use such services without parental approval). If you are not at least 18 or not old enough to have authority to agree to our Terms in your country, please do not use the Program or open an Account.

An Account is limited to one individual. You may not apply for an account on behalf of another individual. You shall keep your Account username and password confidential. You are solely responsible for maintaining the security of, and for all activities that occur under, your Account. You shall notify ESAVVY immediately if, or if you suspect that, the security of your Account has been breached.

You undertake that all information provided by You to us is true and accurate, and consent to update this information to keep its accuracy, correctness, and completeness. We may verify the truth and accuracy of any information that You provide to us, at any time. If any information provided by You is determined as misleading, inaccurate, or untrue, we may restrict, deny or terminate your Account and your ability to be part of the Program.

You acknowledge and confirm that the use of the Program and most of its functions requires a device or computer that is connected to the internet.

The Program may use certain features of your Device, such as locating your location, use of your photo gallery, Camera, and use of your Contacts phonebook, as part of your use of the Program, and You will be requested to approve such use in specific. You are not obligated to provide such approval; however, it is strongly recommended to do so, in order to maximize the enjoyment of the Program personalization and optimize the use. In case of any use of your contacts phonebook, including names of your contacts and their phone numbers and emails as part of your use of the Program, specific approval will be requested.

The Program

By opening the account at ESAVVY, You will apply for the Program. Upon your application, ESAVVY may require to evaluate your websites, blogs, and social media accounts and the contents created by You to determine Your eligibility, as well as supplementary documentation and information if required.

Acceptance into the Program is at the sole discretion of ESAVVY, and ESAVVY may reject or deny your application for any reason or no reason at all. Once You have been approved, You will be accepted into the Program and will be appointed as Influencer under which, you may be eligible to earn compensations.

Following your approval as Influencer, and after You open an Account, and subject to your compliance with these Terms and any other applicable ESAVVY policies, ESAVVY hereby grants you a personal, non-exclusive, non-transferrable, revocable, limited license to use its websites, tools, applications, widgets, software, api’s, authorized links (defined below), and associated content, software, and documentation (the "ESAVVY Tools"), together with the Content created by You on your personal websites, blogs, and social media accounts, for the as long as You are an Influencer under the Program. You shall not use the ESAVVY Tools for any other purpose. You shall comply with all usage guidelines, technical requirements, and other policies relating to the ESAVVY Tools that ESAVVY may provide or post from time to time.

The Program is an affiliated marketing social network that is built from: Online stores as well as retailers, brands, merchants, service providers and other partners ("Retailers"), (ii) INFLUENCERs (such as You) that promote and recommend to buyers to purchase products and/or services from Retailers, through their owned channels such as sites, social media, groups, video channels and any other digital assets owned by You (Influencer Assets) and (iii) any individual that has provided You with a consent to send him recommendations and/or personal messages, your followers and friends on social media or any users of your Influencer Assets ("Buyers").

Your participation in the Program is voluntary and You may terminate it at any time by providing notice to: support@esavvy.io indicating your username and email and we will delete your account after confirming your request.

As part of the Program, You, as Influencer, will be able to promote brands and send references to the Buyers, by using the ESAVVY Tools and generating personal tracking links that will include unique tracking code ("Link") and posting them in the content produced by You (Influencer Content) via your Influencer Assets and without violating any of the terms of this agreement and the Retailers. You may not in any way make any amendment or revision to any Link or add or remove any other information to the Link. You may, at any time, cease to use any of the Links. To start to promote the brands and retailers You will need to comply and approve the terms of each and every Retailer You wish to promote.

Note that amending the links could damage the tracking. Links will be published and shared only and solely in your owned Influencer Assets or sent to potential Buyers that has specifically approved to receive messages from You, by way of any Influencer Asset, provided that the Links shall not be promoted in paid search engines. Any transfer of Link to Contacts not specifically approved to send them Links, is considered a material violation of these Terms, and shall immediately terminate your participation in the Program. It is strictly forbidden to promote your influencer assets while using or bidding on Retailers’ or/and eSavvy’s brand or any misspelling of them in any paid channel. It is also forbidden to use direct linking or changing the Links.

You shall not use the Links on any properties or with any content that are not your own. You shall not frame, minimize, remove, inhibit, or redirect a user from, the full and complete display of any webpage accessed by a Buyer after clicking on a Link. If ESAVVY requests that You remove a Link, You must comply with such request within twenty-four (24) hours. Failure to comply with such request may result in suspension or termination of your Account and/or forfeiture of payments, as determined by ESAVVY in its sole discretion.

Your use of the Program shall be solely as a Influencer, and You hereby undertake that You are not a vendor, supplier or provider of goods and services to the Retailers.

YOUR PARTICIPATION IN THE PROGRAM SHALL NOT BE DEEMED AS SOLICITATION BY ESAVVY OR THE RETAILERS TO PUBLISH ANY OF THE LINKS OR TO PROMOTE ANY PRODUCT OR SERVICE, AND YOU SHALL NOT SOLICIT ANY BUYER TO PURCHASE ANY PRODUCT OR SERVICE OR TO ENGAGE WITH THE RETAILER.

When You use the Program, You will comply with all privacy and data security laws, rules, regulations and principles.

ESAVVY may, at its sole discretion, provide all or part of its Influencers with access to special promotional programs, either belong to ESAVVY or to third parties. All such programs including their benefits and responsibilities shall be governed by their terms and conditions, and You agree to be bound by all such terms and conditions, and that a breach of your obligations under such programs will constitute a breach of these Terms. ESAVVY reserves the right to change, suspend, or discontinue any aspect of any such programs, at any time and reserves the right to remove You from them at any time, at ESAVVY's sole discretion.

Promoting - Approved ESAVVY Influencers may be qualified for earning compensation as a result of certain actions that result from a Buyer clicking on the Links published by the Influencer and making a purchase as determined by ESAVVY, at its sole discretion. The specific actions on which consideration is based, shall be set forth in your Account. The rates of payment may be amended by ESAVVY, without notice, at any time. All payments will be determined solely by ESAVVY, in its sole discretion, and ESAVVY's determination is final and binding on You. ESAVVY reserves the right to withhold, offset, or charge back your Account due to returns, refunds, reversals, fraud or a default on payment by the Retailer.

Growing the Network - Approved ESAVVY Influencers may be qualified for earning compensation as a result of certain actions that result from inviting other influencers to join the ESAVVY network of influencers and receive certain percentage of the income generated by people they invited their “Personal Network”. The invitation will be done by personal invitation link generated from the app. If the invitees will not join through the link or will use some other channel to join the ESAVVY will not be liable for that and the Influencers will not be connected to their “Personal Network”. In any issue of tracking please contact support@esavvy.io and we will do our best to help.

Cashback - Approved ESAVVY Influencers may also be qualified for earning compensation as a result of certain actions that result from buying goods from the merchants in the app directly.

Payments to You for actions based on purchases by Buyers are not finalized and does not become payable until (a) a purchase can no longer be returned (based on the Retailer's return policy), and (b) ESAVVY has received the actual payment from the Retailer. ESAVVY shall not be liable for any payments on transactions that have not finalized as specified under these Terms or made via Accounts that have not been approved for payment.

Despite the above mentioned, no fees shall be paid to the Influencer, in the following cases: failure in tracking of orders, returns or cancellation of orders by customers, sales that were not confirmed and accepted by the Retailer, under the Retailer's terms. All of those are lost sale for which we should not be responsible for. In any case the payment to be done only after receiving confirmation from Retailers and approval of the sale and calculation of the affiliate fee.

ESAVVY also reserves the right to deny payment for: (a) actions resulting from any bot, automated program or similar device, as determined by ESAVVY, in its sole discretion; (b) actions generated through deceptive, abusive, fraudulent, or other invalid means, as determined by ESAVVY, in its sole discretion; (c) actions solicited by payment of money, false representation, or request from Buyers to click on the Links; (d) your breach of these Terms; (e) In case You violate, or the payment to You will violate applicable national, federal, state, and/or local laws, statutes, rules, regulations and orders.

Payments to Influencers – You may submit a redeem request through the system for a withdrawal of the payable amount, If You are an approved ESAVVY Influencer, your Account is approved for payment, and the amounts earned in your ESAVVY account meets the minimum of at least US$25 eligible for payment. The payment will be made via PayPal within 5 business days, as amended from time to time by ESAVVY. ESAVVY reserves the right to modify the payment method at any time in its sole discretion. Payment shall be calculated solely based on records maintained by ESAVVY at its sole discretion. You are responsible for providing ESAVVY with accurate information needed to facilitate payment to You. You are responsible for keeping your payment information updated in your Account. ESAVVY shall not be liable for any payments or non payments as a result of incorrect contact or payment information provided by You. If You wish to dispute with respect to any payment, You must notify within thirty (30) days of any such payment by emailing a detailed description of your dispute to support@esavvy.io. You agree that failure to do so shall constitute your agreement for such payment (or any non-payment).

The influencer may be eligible for a commission fees in various international currencies, the payment shall be made in USD in accordance with the representative rate of the USD on the date of payment with deduction of the relevant transfer and conversion fees.

You are solely responsible for paying any and all applicable taxes and/or charges imposed by any government entity in connection with payments made to You by ESAVVY as part of the Program. ESAVVY may deduct applicable tax from any payments made to You, to the extent it is required by Applicable Laws.

License

In case You will be approved to join the Program, ESAVVY hereby grants You, pursuant to the terms and subject to the conditions of these Terms, a limited, personal, non-exclusive, non-assignable, non-commercial, revocable, non- sublicenseable license to use the Program, ESAVVY TOOLS, and any of the ESAVVY Services, for the sole purpose acting as ESAVVY Influencer under the Program (the "License"). ESAVVY reserves all other rights that were not explicitly granted under these Terms.

The License shall be conditioned upon Your full compliance with these Terms and shall be immediately terminated upon any breach by You of any of these Terms, and in such case, You will not be entitled to any compensation under the Program.

ESAVVY shall not own the information that You shall submit as part of opening your Account or as part of using the Program or any ESAVVY Tools or ESAVVY Services. You undertake that You have all rights title and interest to all information that You submit to your Account or to other parties via the Program.

You hereby grant ESAVVY a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information that You upload, submit, store, send, or receive on or through the Program, including without limitations video, audio, text message, video message, audio message, image, stickers, special stickers (stickers with text or audio) , and any other data for the limited purpose of operating and providing the services as part of the Program.

When You send a Link, You must confirm that You are not in breach of these Terms nor the terms of use of the Retailers, and that You are not disclosing any information that is owned by a third party without such third party's permission.

You shall not send a Link to any third party that is not a Buyer in your contact list, nor solicit any third party to do so.

ESAVVY is just a platform that allow You to utilize your digital assets. You and solely responsible for publishing the content and comply with all the related laws.

Upon opening an Account, You are hereby granted by Retailers, their approval to recommend Retailer’s products in your social media and to open networks with always positive context to Buyers, provided however that You are prohibited and shall not use Retailers name or logo, or act on their behalf, or bid on any related terms in the search engines or any marketing automation.

You hereby grant to ESAVVY a non-exclusive, perpetual, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicense, modify, create derivative works, communicate, publish, publicly perform and publicly display all Influencer contents for any purpose, which include, but are not limited to, use in ESAVVY presentations, marketing materials, proposals, financial reports, search results pages, and referral pages, and syndication on sites or applications owned or operated by ESAVVY, Retailers, and/or their respective partners. ESAVVY may also syndicate your contents on digital properties of ESAVVY You further grant ESAVVY a non-exclusive, perpetual, worldwide, royalty-free license to use your name, images, and likeness, trademarks, service marks, logos, and other brand elements for the purpose of promoting the ESAVVY Program and as incorporated in your content in connection with the licenses granted hereunder.

Restrictions and prohibitions

As part of using the Program, You may, from time to time, provide Information including with respect to ESAVVY, the Program or Retailers, to ESAVVY and/or to other users via the Program ("Information").

In case You choose to recommend, as an Influencer, on any product or service, or provide Information, under the Program, to any of your contacts, the responsibility for such sharing, and any content included therein, shall be at your own risk and/or the relevant Retailer that provided the information.

You hereby undertake not to, directly or indirectly make any use of the Program, including using Information provided by You and/or provided to You by any third party within the framework of the Program and/or ESAVVY Tools for the purpose of: (i) Uploading content and/or information in which You have no ownership or right of use and/or which violates or may violate any rights of any third party, including without limitations proprietary or privacy rights. (ii) Interference, d You are not authorize to sell or that their sale is in breach of rights to third parties (xi) bid or purchase the name, branded terms or trademarks (or any variations or misspellings thereof) of ESAVVY or any Retailer in connection with any paid marketing campaigns, including without limitation, search engines, social media platforms or display networks, without prior express consent of the trademark owner; (xii) engage in any affiliate fraud techniques to hide such bidding or purchasing activities (including without limitation reverse IP-geo-targeting, day-parting, disposable URLs, or front websites); (xiii) include the name, branded terms or trademarks (or any variations or misspellings thereof) of ESAVVY or any Retailer in any display URL or any paid marketing, without the express consent of the trademark owner; (xiv) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ESAVVY or any Retailers without prior express written consent (xv) use Authorized Links in any downloadable software application without ESAVVY’s prior written approval;.

Within the framework of using the Program, You undertake not to cause and/or assist, either by acts or by omissions, either directly or indirectly, and/or to damage and/or breach contractual rights, proprietary rights, copyrights, moral rights, duties of care and trust, trade secrets, trademarks, patents; not to publish information that constitutes defamation, not to invalidate any privacy rights of a person, not to violate warrants, not to make advertising that is prohibited by law, and not to harm in any way state security or the rights of third parties.

You further undertake not to violate any law by uploading Information within the framework of using the Program, and You will not upload and/or publish within the framework of using of the Program, any contents which violates proprietary rights of others, any pornographic or sexually or sensitive materials and/or any materials relating to minors and/or identifies them, or materials that encourages and/or supports and/or assists in performing an act which constitutes a criminal which may damage ESAVVY's business, make repeated messages, publishing false or misleading materials, posting links and/or any other illegal materials. For the avoidance of doubt it is hereby clarified that the aforementioned prohibitions shall also apply to uploading links to materials and/or improper content.

Part of Your Information to be provided as part of the registration process and as part of using the Program, will be saved in ESAVVY servers, and may be used as detailed in our Privacy Policy

You undertake to refrain from any attempt to collect Information via the Program, including through technological means, operation or assistance to the operation of a computer program or by any other means designed to scan and/or copy and/or retrieve and/or mine information, to refrain from executing and/or causing any change to the Program, including to other users’ content, and not to interfere with the Program's source code.

You undertake to refrain from any acts and/or omissions that may disrupt the Program's activity and/or the activity of users thereof, such as "viruses", "worms" and other harmful applications, accessing of computerized material, editing and / or inserting software in a manner that may cause damage or disruption to a device and/or materials.

You shall inform ESAVVY, immediately, regarding any possibility of damage that may be caused to other users and/or third parties and/or ESAVVY and/or of an existing or anticipated breach of the applicable law, due and/or as a result of Your use of the Program.

You hereby acknowledge that ESAVVY may take any action against a user who breaches these Terms by any means available to ESAVVY by the applicable law.

Information

Any content that You will transfer via the Program, including without limitations concerning You, Retailers, products and services provided by Retailers, Esavvy, and any other third party, including any content of any Links, that includes documents, video, audio, text message, video message, audio message, image, and any other data shall be considered as "Information".

You undertake, that there is no legal and/or contractual and/or any other obligation that prevents You from uploading and/or publishing and/or transferring the Information and that said Information is not in any breach of any applicable law and is not in breach of any right of any third party.Any Information uploaded by You shall be under Your sole and exclusive responsibility and ESAVVY will not be responsible in any way for such Information.

You shall be fully liable for any advertising and/or data and/or link that You have any part in uploading to, or sending via the Program, including without limitations for act of defamation and/or breach of privacy and/or violation of proprietary rights and/or contractual and/or violation of a judicial decree and/or any other violation, and You expressly exempt ESAVVY, including its representatives, employees, managers and shareholders acting on its behalf ("Representatives"), from any and all responsibility and/or liability in connection therewith.

You hereby acknowledge that You are aware that the Program is only a platform for tracking and transfer of the Information and therefore ESAVVY or its Representatives are not responsible, in any way, for the nature, reliability, correctness, completeness, legality and function of the Information, and that they are not responsible in case that a third party shall rely on the Information.

ESAVVY will not examine and/or monitor and/or supervise the Information that You will submit or transfer via the Program. You acknowledge that Information that You transfer or receive via the Program might consist of harmful material prohibited by law or material that could potentially harm the recipient. You acknowledge and agree that You shall evaluate the risk in sending Information and You hereby exempt ESAVVY, fully and completely, including its Representatives, of any responsibility for damage cost or expense accruing from, or likely to be caused to, any third party, in connection with the publication of Information, and/or in connection with damages incurred or which may occur as a result of the publication of Information, as aforementioned.

ESAVVY may, at its sole discretion, refuse to allow You to share Information with others via the Program without the need to receive Your consent or provide You with prior notice, in case that ESAVVY suspects of violation and/or risk of violation of the provisions of these Terms, the provisions of the applicable law or the rights of third parties and/or as a result of technical reasons, including technological changes, or due to the request of the receiving party. ESAVVY may also notify You that there is no need for any such Information and therefore no such Information will be uploaded.

When You upload Information via the Program, You grant the receiving party with which You choose to share the Information, an irrevocable and free of charge, perpetual license to use and save such Information, as well as your contact information, provided that You are the owner of such Information or have received proper licenses to do so, and subject to the applicable law. Uploading Information to the Program does not revoke the rights of the owner of the copyrights, to the Information, but it grants the receiving party to which You transferred the Information, a free of charge, non-exclusive license to use and save the said Information under the restrictions of these Terms and the applicable law.

You hereby confirm and undertake that You are aware that the full responsibility of Information You choose to share with a Buyer, other third parties and/or ESAVVY, lies on You, and that any damage, loss or expense caused by any suit, claim or demand by a third party with respect thereto, will be under Your responsibility and on You exclusively.

You may not make amendments or copies, distribute, transmit, display, execute, reproduce, publish, license, create derivative works, or sell any material received by You via the Program.

Ownership and Intellectual Property Rights

You acknowledge and confirm that the Program and/or any materials related thereto including without limitations, images, text designs, software, music, video, graphics tradenames, trademarks and materials contained in advertisements or messages sent to You or commercial information offered to You by ESAVVY, or that were created or collected or developed by ESAVVY are the exclusive property of ESAVVY and/or properly licensed from other third parties and shall remain at ESAVVY's exclusive property at all times.All intellectual property rights (including, inter alia, copyrights, trade secrets, trademarks, patents, etc.) that exist and/or are embodied in the Program and/or attached, linked, and/or referring to the Program, are the exclusive property of ESAVVY and will remain the exclusive property of ESAVVY as stated.

All materials submitted by You or any other user including Information shall be owned by their creator or sender.

These Terms does not provide You with any rights in the Program and/or regarding it, and/or in any materials to be transferred to You, rather only a limited right to view those materials provided to You in accordance with these Terms and the provisions of the applicable law. Nothing stated in these Terms constitutes a waiver of the intellectual property rights of ESAVVY or any third party under any law.

You acknowledge and agree that Retailers, and all of their affiliates and licensors, and their respective employees, officers, directors, and representatives, have no obligation to provide any support to You and will not pay advertising fees to You. You agree that Retailers will not be liable to You for any claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) of any kind. You hereby agree that Retailers are intended third-party beneficiaries of these Terms.

Uses and Restrictions

Unless if it is expressly permitted in these Terms, You hereby consent that You shall not, without prior written consent of ESAVVY: (i) use, modify or integrate the Program into other software, or create derivative works from any part of the Program; (ii) sell, license (or sub-license), lease, assign, transfer, pledge or share Your rights according to these Terms to and with any other person; (iii) distribute or copy the Program for the benefit of third parties; (iv) modify, disassemble, reverse-compile, reverse engineer, update or improve the Program or attempt to discover the source code of the Program.

Maintenance and Support

ESAVVY may, from time to time, issue upgraded versions of the Program. You hereby give Your consent to such automatic upgrading, and agree that these Terms apply to all upgrades as stated. You may freely consult with our support team at support@esavvy.io for any clarification sin that respect.

Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PROGRAM INCLUDING ANY DATA THAT YOU DOWNLOAD OR OTHERWISE ACQUIRE OR SEND TO OTHERS THROUGH THE USE OF THE PROGRAM IS AT YOUR SOLE RISK AND ACCORDING TO YOUR OWN DISCRETION AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ESAVVY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PROGRAM, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

ESAVVY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PROGRAM THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY, THE PROGRAM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PROGRAM WILL BE CORRECTED. ESAVVY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY COMMUNICATION. ESAVVY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY HARDWARE OR SOFTWARE, OR TO ANY DAMAGE CAUSED TO YOUR DEVICE RELATED TO OR RESULTING FROM DOWNLOADING OR USING THE PROGRAM.

UNDER NO CIRCUMSTANCES SHALL ESAVVY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, RESULTING FROM USE OR INABILITY TO USE OR ANY DELAY IN OR MALFUNCTION IN THE PROGRAM.

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, ESAVVY HEREBY EXPRESSLY EXCLUDES ALL WARRANTIES OF ANY KIND, INCLUDING, INTER ALIA, WARRANTY FOR INTELLECTUAL PROPERTY RIGHTS OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

ESAVVY IS NOT RESPONSIBLE FOR, AND DOES NOT WARRANT WITH RESPECT TO THE ACCURACY LEVEL, COMPLETENESS, USES OR RELIABILITY OF THE PROGRAM PERFORMANCES WHICH WILL BE ACHIEVED THROUGH THE USE OF THE PROGRAM.

ESAVVY SHALL HAVE NO LIABILITY FOR ANY INFLUENCER INFORMATION INCLUDING INFORMATION AND THE NATURE ACCURACY, COMPLETENESS, RELIABILITY, PROPRIETARY RIGHTS, QUALITY, AND CONTENT OF INFORMATION THAT WILL BE UPLOADED OR DELIVERED BY OR TO YOU WITHIN THE FRAMEWORK OF THE USE OF THE PROGRAM, TO ANY THIRD PARTY, AND ALL LIABILITY FOR SUCH INFORMATION WILL BE BORNE BY EITHER YOU OR THE PARTY THAT HAS SENT SUCH INFORMATION TO YOU EXCLUSIVELY.

ESAVVY WILL NOT BE RESPONSIBLE TO THE COMMERCIAL TERMS OF ENGAGEMENT BETWEEN THE BUYER AND THE RETAILER, AND ANY AND ALL CLAIM OR SUIT WITH RESPECT THERETO SHALL BE BROUGHT BETWEEN THEM.

YOU HEREBY EXEMPT ESAVVY, INCLUDING ITS REPRESENTATIVES, FROM AND AGAINST ANY RESPONSIBILITY AND/OR LIABILITY RELATED TO COMMERCIAL CONTENTS OF THIRD PARTIES IN THE PROGRAM, INCLUDING ADVERTISING, BANNERS, ADS, POP-UP ADS ETC.COMMERCIAL CONTENTS.

IT IS HEREBY CLARIFIED TO YOU, THAT THE INFORMATION THAT MAY BE ACCESSED VIA THE PROGRAM MAY BE UPDATED AND/OR AMENDED, FROM TIME TO TIME, AND THAT THE CONTENTS THAT ARE INCLUDED IN THE PROGRAM MAY BE DELETED AND/OR AMENDED WITHOUT PRIOR NOTICE, AND ESAVVY, INCLUDING ITS REPRESENTATIVES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE COST OR EXPENSE, INCURRED IN SUCH CASE.

THE PROGRAM IS NOT INTENDED TO BE USED IN ANY COUNTRY WHERE SUCH USE WOULD VIOLATE LOCAL LAW OR THAT WOULD SUBJECT ESAVVY TO ANY REGULATIONS OF ANOTHER COUNTRY. ESAVVY RESERVES THE RIGHT TO LIMIT ITS SERVICES IN ANY COUNTRY.

TO THE EXTENT YOU CHOOSE TO INSTALL AND USE THE PROGRAM, YOU DO SO AT YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO APPLICABLE LOCAL LAWS. YOU ARE RESPONSIBLE FOR COMPLYING WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN CASE THAT IT WILL BE DETERMINED THAT ESAVVY IS LIABLE FOR DAMAGE, COST OR EXPENSE TO ANY THIRD PARTY, ESAVVY'S OBLIGATION SHALL NOT IN ANY WAY EXCEED THE AMOUNT ONE HUNDRED USD ($100).

IN CASE OF ANY DISPUTE BETWEEN BUYER AND RETAILER OR AN INFLUENCER AND BUYER, YOU HEREBY RELEASE ESAVVY FROM ANY CLAIMS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES AND DAMAGES (ACTUAL AND CONSEQUENTIAL OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES). IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) TO THE EXTENT PERMITTED BY APPLICABLE LAW THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

Termination

You may terminate the License and/or Your Account with prior written notice of 30 days to ESAVVY. ESAVVY may terminate the License granted to You for using the Program and/or your Account, granted in accordance with these Terms at any time and for any reason by providing 7 days prior written notice. Without derogating from the aforementioned, Your violation of these Terms or suspicion of violation, shall result in the immediate termination of the License provided to You, and You, upon the termination of the License, will cease all further use of the Program.

Upon Termination, You shall cease to use the Program and shall cease to transfer any Links to Buyers. You will not open other user names or attempt to participate in the Program, under different name.

Governing Law; Jurisdiction

These Terms shall be construed and governed under and by the laws of the State of Israel. The parties agree that exclusive venue for any legal action relating hereto shall be in the courts of Tel Aviv - Jaffa. The parties agree not to contest the venue set forth herein and to submit to, and not contest, the exercise of personal jurisdiction over them by any of the foregoing courts.

Indemnification

You agree to indemnify and hold ESAVVY and its Representatives, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your use of the Program in violation of these Terms or arising from a breach by You of these Terms or any breach in Your representations or warranties' including with respect to the Information that You transferred via the Program.

You hereby undertake to compensate and/or indemnify ESAVVY and/or its Representatives, immediately upon their first request, for any damage, injury, loss, expense, fee, lost profits, lost data, loss of use and damage to goodwill, that they may incur by any claim and/ or demand by a third-party, including any legal fees, due to violation by You of these Terms, concerning Your activities via the Program. Aforementioned indemnification shall not derogate from any remedy that ESAVVY is entitled to by any applicable law.

Third Party Software

The Program may include software that has been supplied by third parties. Such software is provided "as is" without warranty of any kind, and said software will be subject to the limitations and conditions which are required by said third party.

You hereby acknowledge and agree that these Terms are entered into solely between You and ESAVVY, and not with Apple and / or Google, and that Apple and / or Google shall have no liability in connection with the Program. Your use of the Program will be in accordance with the terms of use of Apple or and/or Google and subject to them in addition to these Terms.

Miscellaneous

If it is determined that any provision included in these Terms cannot be enforced, then such provision will be removed or redrafted but only to the extent necessary to make it enforceable and other terms will remain valid.

A printed version of these Terms and any message delivered in electronic form shall constitute admissible evidence in legal or administrative proceedings based or associated with them, equally and under the same terms that apply to other records and business documents originally generated and saved in a printed format.

Any claim suit or demand by You against ESAVVY with respect to these Terms and/or the Program will be raised no later than 6 months from the date of the cause for the claim.

of, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail or when sent by facsimile or e-mail to either parties' last known post office, facsimile or e-mail address, respectively. You hereby consent to notice by e-mail. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party.

If the performance of any part of these Terms by either party is prevented, hindered, delayed or otherwise made impracticable by causes beyond the reasonable control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes.

These Terms supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Application.

These Terms may not be assigned by You without the prior written consent of ESAVVY. ESAVVY may assign any of these Terms without Your consent.

For information or questions you are welcome to contact ESAVVY via e-mail support@esavvy.io.

These Terms were last updated on 2021-06-10.