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Terms of Service
Last modified: February 15, 2017
1. GENERAL
Welcome to Bbold, (“Bbold”, “We”, “Our”, or “Us”). These Terms of Services (the “Terms”, “TOS”, or “Agreement”) are a contract between Us and You (“You” or “Your”) and govern Your use of Our website and all of the Services We offer. As such, please read these Terms carefully.

Your use of the main Bbold website, main IfSo website and Our IfSo Wordpress plugin or distribution channels from which We may operate, and Your use of any of Our Services (including without limitation the software, programs, code, technology, offerings, tools, plug-ins, components, upgrades, updates and all related applications, available now or in the future, collectively Our “Services”), whether such Services are accessed through the Site or via another point of access to Our Services, are subject to and conditioned upon Your assent to and compliance with these Terms. Portions of the Services may be subject to other entity’s terms and conditions, and Your use of such entity’s services is subject to and conditioned upon Your acceptance of such additional terms and conditions.

BY ACCESSING THE SITE AND/OR USING THE SERVICES, YOU CONFIRM AND ACKNOWLEDGE (1) THAT YOU HAVE READ THIS AGREEMENT, (2) THAT YOU UNDERSTAND ITS CONTENT, AND (3) THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED THIS AGREEMENT. THE AGREEMENT IS BETWEEN YOU AND BBOLD.

If You do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Site or use any of the Services. Use of Our Site or Services is void where prohibited.

From time to time, Bbold may amend this Agreement, in its sole discretion, by posting updated versions at http://www.if-so.com/terms-conditions/ or by notifying You by other means. All such modifications to the Agreement shall become effective upon the posting of the revised Agreement to http://www.if-so.com/terms-conditions/ or by Your receipt of notification of a change to the Agreement. If You do not agree to the new or different terms, You should not use or access the Site or the Services.
2. SERVICES
We provide our customers with a website personalization solution. You may use the Service for Your personal use, commercial use or internal business use in the organization that You represent, so long as You are in compliance with all provisions of this Agreement.

In connection with Your use of the Site or the Services, You may be made aware of services, products, offers and promotions provided by third parties. If You decide to use such third-party services, You are responsible for reviewing and understanding the terms and conditions governing such third-party services, and acknowledge that the third party is responsible for the performance of such services.

In providing the Services, We obtain and rely on certain information from third parties and third-party software and applications. We cannot guarantee the accuracy or completeness of such data.

It is Your obligation to ensure that You fully comply with all applicable laws, regulations and directives with regard to the use of the Site and the Services. For the avoidance of doubt, the ability to access Our Site or the Services does not necessarily mean that Your use thereto are legal under relevant laws, regulations and directives.
3. LICENSES
General Public License. Our IfSo WordPress Plugin is released under the GNU General Public License version 3.0 (“GPLv3”), available at https://www.gnu.org/licenses/gpl-3.0.html. All images, cascading style sheets, and JavaScript elements are released under the “Bbold Proprietary Use License”.

Bbold Proprietary Use License. All other Bbold Services and associated code are released under this Agreement, which Terms comprise the “Bbold Proprietary Use License” and not under the GPL. The Bbold Proprietary Use License is a GPL compatible license that applies to the images, cascading style sheets, JavaScript files and all other code produced by Us and contained in the Services. These elements are the copyrighted intellectual property of Bbold and may not be redistributed, repackaged or used in any fashion other than as provided and explicitly set forth in this Agreement. Any violation of the Bbold Proprietary Use License may result in suspension or termination of Your account and You may be refused any and all current or future access to and use of the Services.

Your Grant of Licenses to Us. By accessing the Site or using a Service, You hereby grant to Bbold a world-wide, royalty-free, transferrable and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Your website(s), and if applicable, storing it on Our servers. This license exists only for as long as You continue to be Our customer and shall be terminated only upon receiving written notice from You.

By submitting to Us Content for inclusion and/or display on Website Personalization or any other Service, and by consenting via check-box or similar affirmative authorization for Us to display, use or permit third parties to access and use such Content, You hereby grant to Bbold a worldwide, non-exclusive, royalty-free, and transferable license (with right to sub-license) in its sole and absolute discretion, to use, reproduce, distribute and display as well as to grant or sell to third parties Your Content from time to time, now or anytime in the future, for any purpose including but not limited to sharing or promoting Bbold or a Service, selling the Content or representations thereof to third parties, publishing Your Content within the Bbold community or allowing Bbold to display the Content even if Your website or your use of a Service is not active or has been deleted. For the avoidance of doubt, You agree and understand that You automatically forfeit Your right to any intellectual property rights in this Content and thus shall not be entitled to any license fee or any other compensation for Bbold's or any third party's use of this Content.

Bbold may, in its sole and absolute discretion, to use, reproduce, distribute and display Your personal information such as but not limited to Your name, email, and hyperlink to your website as a means for Us to give You credit for the Content You have created.

Your use of the Services on the Site or from a Non-Bbold Access Point that enables You to access and use the Services, including without limitation any offerings, programs, files, images, and data is licensed to You by Us or third-party licensors for Your personal use, commercial use or internal business use in the organization that You represent. You shall keep intact all copyright and other proprietary notices and Your use of such Service is strictly subject to the terms of this Agreement and any agreement accompanying the Software.
4. CONTENT
We do not own nor do We claim ownership of the content submitted to be included in and/or displayed as aprt of the website wersonalization or included/displayed in any other Service (“Content”). Content includes, but is not limited to: information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials included on a site via the Service. This Content is Your Content and as such, You are responsible for all of the Content that You upload, post, transmit or otherwise make available via Our Services. We do not control the Content You post via Our Service.

You are responsible for any Content that may be lost or unrecoverable through use of the Service. You are encouraged to archive Your Content regularly and frequently.

Bbold’s Services allow You to import or link certain Content hosted on third-party websites into the Services. This Content isn’t owned by Bbold, and thus if it is no longer available or accessible to a user, then those portions of Your creation that reference such Content will not work.

Through Our Services, We may provide certain Content that is subject to proprietary rights of third parties. Bbold shall have the right, at any time, at is sole and exclusive discretion to remove such Content from the Services and/or disable access to such Content.

By using the Services, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will We be liable for Your Content or the Content of any third party, including, but not limited to, for any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that We do not pre-screen Content, but that We shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in Our sole discretion. You bear all risks associated with the use of any Content. You acknowledge and agree that We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect Our rights, property, or personal safety and those of Our users and the public.

Bbold SHALL HAVE THE RIGHT TO DISABLE THE ACCESS TO ANY CONTENT AND/OR DELETE IT AT ITS SOLE AND EXCLUSIVE DISCRETION, WITH NO LIABILITY TO US, AND YOU SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT OF ANY AMOUNT PAID BY YOU.
5. REGISTRATION AND ACCOUNT MANAGEMENT
Some functions of the Services require registration, and as part of the process You will be requested to provide certain information, including among others: Your name, email address, company name, field of business and website URL (“Registration Data”). By using the Services, You agree to:

• Provide true, accurate, current and complete Registration Data as prompted by the registration process;
• Maintain and promptly update the Registration Data to keep it accurate, current and complete;
• Maintain the security and confidentiality of Your password and any other security or access information used by You to access the Site or Services;
• Ensure that You log out of the Services at the end of each session using the Services.
• Refrain from transferring Your user account on the Services to any other party without Our prior written consent;
• Refrain from impersonating any person or entity or misrepresent Your identity or affiliation with any person or entity, including using another person's username, password or other Registration Data; and
• Immediately notify Us in writing if You become aware of any loss, theft or use by any other person or entity of any of Your Registration Data in connection with the Site or the Services or any other breach of security that You become aware of involving or relating to the Site.

You represent that any communications and all other activities through use of Your Registration Data were sent or authorized by You, and You agree and understand that You are fully responsible for all activities that occur under Your Registration Data.

We may, in Our sole discretion and without notice or liability to You or any third party, immediately suspend or terminate Your account and refuse any and all current or future access to and use of the Services (or any portion thereof). Grounds for such termination may include, but are not limited to, extended periods of inactivity, loss, theft or unauthorized use of Your Registration Data, violation of the letter or spirit of this Agreement, providing content including without limitation Registration Data that is inappropriate or offensive in Our discretion, or if We have reasonable grounds to suspect any of the Registration Data that You provided is inaccurate, not current or incomplete.

You declare that by providing Your Registration Data to Us, You hereby consent to, Us sending, and You receiving, by means of telephone, facsimile, SMS or e-mail, communications containing content of a commercial nature relating to Your use of the Site, the Services and related services, including further information and offers from Us that We believe You may find useful or interesting, such as newsletters, marketing or promotional materials. You acknowledge that We do not have to obtain Your prior consent (whether written or oral) before sending such communications to You, provided that We shall immediately cease to send any such further communications should You notify Us in writing that You do not wish to receive such commercial content anymore.
6. PRICING, PAYMENTS, REFUNDS AND TAXES
By using the Services, You agree to pay all associated set-up and subscription fees. In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the Services operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwis). Accordingly, where applicable, Bbold will attempt to automatically renew the applicable Services for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable fees using the payment method you have on file with Bbold.

Bbold reserves the right to establish the price for Our Service. We may change the price of any Service at any time, in Our sole discretion. We reserve the right to charge a price for a Service that was previous offered for free. If We decide to increase the price of Service for which You are subscribed, We will make every effort to communicate this pricing change to You via email. We do not need to notify You if We decide to raise the price of a Service for which You are not subscribed.

For most subscription Services, We generally offer a full, thirty (30) day money-back guarantee. If You provide written notification of Your request for cancellation of the subscription Services within the first thirty (30) days of Your original purchase of a subscription-based Service, the fees that Bbold has received from You will be refunded. No refunds will be provided for subscription-based Services after the thirty (30) day guarantee period. For monthly subscription Services, You are welcome to cancel at anytime without obligation to pay for additional monthly payments.

If and when participating in a free trial of a Service, You shall have the right to use the Service for the duration of the free trial without charge until the expiration date of the trial at which point Services shall be discontinued if You do not elect to purchase a subscription to the Service. If You do elect to purchase a subscription to the Service, the free-trial period shall be considered concurrent with the thirty (30) day guarantee period and no further thirty (30) day guarantee period will be offered.

You shall be fully responsible for the payment of any taxes that apply to Your use of the Site or the Services.

The Services, including without limitation payment processing, may be handled directly by Us or by online third parties. Where a third party handles a payment, the payment is subject to the terms of use and privacy policy of such third party (including among others payment methods, tax liability, collection and use of Your personal information, and support levels). We recommend that You review the terms of use and privacy policy of such third parties before submitting any personal information and using such third parties' services.
7. USER CONDUCT
You may access and use the Site and Services only for purposes as intended by the normal functionality of the Site and Services, and so long as You are in compliance with all provisions of this Agreement. In connection with Your use of the Site and the Services, You agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, Our policies or the operational or security mechanisms of the Services, and without limiting the foregoing, You may not:

• use (i) the Site, (ii) the Services, or (iii) any Content, services, features, data, information, text, images, photographs, graphics, scripts, sounds, video, music, sound recordings, programming, logos, trademarks, services marks, HTML code, compilation of content, format, design, user interface and software made available through or which appears on the Site or Services to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
• interfere with the access, use or enjoyment of this Site or the Services by others (including without limitation causing greater demand on the Services than is deemed by Us reasonable, attacks such as "flaming" other participants in a manner that might incite or perpetuate a conflict or argument, and creating usernames to attack other participants' identities); harass or defame others; or promote hatred towards any group of people;
• harvest or otherwise collect non-public information about another user obtained through the Site or the Services (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;
• add a Site member to Your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the internet;
• use any Content except for the intended purposes of the Services and Site, subject always to the terms of this Agreement. You may not display, import or export feedback information relating to the Site or use it for purposes unrelated to the Services without Our prior written consent;
• alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the Site, the Services, any Content, or features;
• access or attempt to access any of Our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Services;
• decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site or the Services except if and to the extent permitted by applicable law;
• copy, distribute, transmit, broadcast, publicly display, publicly perform, rent or sell any portion of the Services, the Site or the Content;
• use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrap information from this Site or the Services, or bypass any robot exclusion request (either on headers or anywhere else on the Site);
• fail to deliver timely payment for Your purchases;
• use any meta tags or any other "hidden text" utilizing any trademarks or intellectual property owned or licensed by Us;
• create or provide any other means through which the Services may be accessed, for example, through server emulators, whether for profit or not;
• 'deep-link', redistribute or facilitate the redistribution of Content; and
• abuse or use any other means to affect or manipulate the Services in general or the prices quoted through the Services

We are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any Content, other than Content provided by Us.
8. PRIVACY POLICY
In addition to these Terms, Your use of the Site and the Services is also subject to Our Privacy Policy which informs You of Our policies and procedures regarding the collection, use and disclosure of information We receive when You visit Our Site and use any part of Our Services. By using or accessing the Site and the Services, You also consent to the collection and use of information as described in Our Privacy Policy, as may be amended by Us from time to time. Our Privacy Policy is hereby incorporated by reference into this Agreement, and Your consent to these Terms shall be deemed Your consent to Our Privacy Policy.
9. PROPRIETARY RIGHTS
You acknowledge that Our Site and the Services, including without limitation the Software, the trademarks, service marks and logos contained on the Site (“Marks”), are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Site and the Services, and all Bbold Content contained therein, are reserved by Us and Our licensors.

You acknowledge that Bbold's Content is protected by copyrights, trademarks, service marks or other proprietary rights, both with respect to individual Content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to Bbold's Content, the Site and the Services not expressly granted herein are reserved.
10. RELEASE & DISPUTES WITH OTHERS
You are solely responsible for Your interaction with other users of the Services and other parties with whom You come in contact through Your and their use of Our Site or the Services. We reserve the right, but have no obligation, to monitor and/or manage disputes between You and other users of the Services. If You have a dispute with one or more users of the Site or the Services, You release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
11. LINKS TO THIRD-PARTY WEBSITES
The Site contains links and references to websites belonging to other entities. We may, from time to time, at Our sole discretion, add or remove links to other entity's websites. These links are provided solely as a convenience to You, and access to any such websites is at Your own risk. We encourage You to be aware when You leave the Site, and to read the terms and conditions and privacy policy of each other entity's website that You visit. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites. In no event shall Bbold be responsible for the information contained in such websites, their practices or for Your use of or inability to use such websites, or transmissions received from such websites. You expressly relieve Us from any and all liability arising from Your use of any third-party website.
12. LINKS TO THIS SITE
Subject to the terms of this Agreement and so long as this Agreement is not terminated, We grant to You a nonexclusive, non-transferable, non-sublicensable right to display on Your website a link to the Site's homepage, as long as Your use is not misleading, illegal or defamatory, or Your website is not obscene, pornographic, inappropriate or illegal. You may display the logo only in the form and size provided to You. You may not use the logo in any way that suggests that We endorses or sponsors Your site, or that tarnishes, blurs or dilutes the quality of Our trademarks or any associated goodwill, including without limitation displaying the logo on any page that contains infringing, misleading or illegal content. All use of and goodwill associated with the logo shall inure to Our benefit.
13. USER DATA AND YOUR FEEDBACK
The data related to Your visit of Our Site and use of Our Services as well as any feedback you may provide Bbold, including without limitation, images, words, ideas, knowledge, techniques, marketing plans, information, questions, answers, suggestions, emails comments, and the like shall be considered non-confidential nor of a proprietary nature. In providing this material, You authorize Us to use it and any images, developments or derivatives thereof, according to Our needs as determined in Our sole discretion, including for public relations and promotion of the Site and the Services in the online and offline media, and all without requirement of any additional permission from You or the payment of any compensation to You. You also agree that (i) by submitting unsolicited ideas to Us or any of Our or representatives, You automatically forfeit Your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to Us or any of Our employees or representatives automatically become the property of Bbold. You hereby assign and agree to assign all rights, title and interest You have in such feedback and ideas to Bbold together with all intellectual property rights therein.
14. DISCLAIMERS OF ALL WARRANTIES
BBOLD'S CONTENT, THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABILE; (II) WE DO NO ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY THAN US AND DISCLAIM ALL LIABLITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE, THE SERVICES OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS SITE, PLUGIN OR THE SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS SITE, PLUGIN OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS SITE OR YOUR ]SITE OR MOBILE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between Us and You. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in connection with the Site, the Services, the Content or the Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.

In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, You agree that Our aggregate liability shall not exceed the amount paid by You to Us pursuant to this Agreement.
16. INDEMNIFICATION
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THIS SITE, THE SERVICES OR THE CONTENT, OR (II) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS.

We will provide You with written notice of such claim. You will not enter into any settlement or compromise of any such claim without Our prior written consent. We may assume the exclusive defense and control of any matter subject to indemnification by You. In all events, You shall cooperate fully in the defense of any claim.
17. SCRIPT
To use all the plugin functionality it may be necessary for a certain section of code (“Script”) to be added to Your website to ensure proper integration and functionality of the Service within Your website.

You understand and acknowledge at the Agreement’s Limitation of Liability (Sec. 15) and Indemnification (Sec. 16) apply to all foreseen and unforeseen situations arising from Your installation of Redirect Code and other Script insertion; in no way shall Bbold be responsible for any related claims, liabilities, loss or damages.
18. THIRD PARTY SERVICES
The Services enable you to engage and procure certain third party services and tools, including domain registrars from which you may purchase a domain name for your website, (collectively, “Third Party Services”).

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled with certain Bbold Services, offered separately by Bbold or otherwise offered anywhere on the Services), Bbold merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Bbold will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.

Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

While we hope to avoid such instances, Bbold may, at any time and at its sole discretion, suspend, disable access to or remove from your account and/or the Services, any Third Party Services – whether or not incorporated with or made part of your account and/or website(s) at such time – without any liability to you or to any end users.
19. COPYRIGHTED MATERIALS, INFRINGEMENT NOTICES AND TAKEDOWN
YOU SHALL NOT USE THE SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. We have adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of Bbold users who infringe or are believed to be infringing the rights of copyright holders:

If You believe that any material contained on this Site infringes Your copyright, You should notify this Site's Designated Agent listed below by email info@if-so.com

 

Your notice to the Designated Agent should be in English and contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Services; (d) information sufficient to permit Us to contact You, such as Your physical address, telephone number and e-mail address; (e) a statement by You that You have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by You that the information in the notification is accurate and, under penalty of perjury that You are authorized to act on the copyright owner's behalf.

The Copyright Agent will only respond to any claims involving alleged copyright infringement. Notwithstanding this section, We reserve the right at any time and in Our sole discretion, to remove content which in Our sole judgment appears to infringe the intellectual property rights of another person.
20. GOVERNING LAW AND EXCLUSIVE COURTS
This Agreement will be governed by laws of Israel without regard to its choice of law or conflicts of law principles. You hereby consent to the exclusive jurisdiction and venue in the courts in Tel Aviv, Israel except that temporary relief to enjoin infringement of intellectual property rights may be sough in any court.
21. MISCELLANEOUS
No waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction. You agree that no joint venture, partnership, employment, franchise or agency relationship exists between You and Us as a result of the use of the Site or the Services. This Agreement comprises the entire agreement between You and Us, states Our and Our suppliers' entire liability and Your exclusive remedy with respect to the Site and Services, and supersedes all prior agreements pertaining to the subject matter thereof. If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against Us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement.
22. CONTACTING US
If You have any questions about these Terms, please contact Us via email at info@if-so.com.

 

Effective Date: January 2024

If-So Technologies Ltd. (“If-So”, “we”, “our” or “us”) develops and provides a WordPress plugin, designed to create an increase in your website’s engagement, conversion and sales (the “Product”). Our Product and our website (available at www.if-so.com, the “Site”) (together the “Services”), allow organizations and companies (each, our “Customer”) to individualize and specialize their websites for each of their visitors (“End-Users”), based on their profile and site interaction.

This Privacy Policy describes how we collects, stores, uses and discloses the following categories of personal data:

1. End-User Data: Personal Data (as defined below) about End-Users processed by us through our Customer’s use of the Product. Such data mainly consists of IP addresses of End-Users. We process End-User Data on behalf of the Customer and under its instructions, in accordance with our Data Processing Addendum. Accordingly, this Privacy Policy (which describes our practices as a data controller) does not apply to such processing. To learn about the privacy policy and practices of our Customer, please contact them directly.
2. Customer Data: Personal Data relating to users of our Product (“Users”) who use it on behalf of a Customer (usually, our Customer’s focal persons). Such data may contain User’s name, workplace and position, contact details (such as e-mail and phone), and account login credentials (usernames and hashed passwords), as well as any other data you choose to provide when you use our Services, create a user account or contact us.
3. Prospect Data: Personal Data relating to visitors of our Site, participants at our events, and any other prospective customer, user or partner (collectively, “Prospects”) who visits or otherwise interacts with us. 

Specifically, this Privacy Policy describes our practices regarding:

1. Data Collection
2. Data Uses
3. Data Location and Retention
4. Data Disclosure
5. Cookies and Data Collection Technologies
6. Communications
7. Data Security
8. Data Subject Rights
9. Children’s Privacy
10. Data Controller/Processor
11. Additional Notices

Please read this Privacy Policy carefully and make sure that you fully understand and agree to it. If you do not agree to this Privacy Policy, please discontinue and avoid using our Services.

You are not legally required to provide us with any Personal Data, but without it we will not be able to provide you with the full range of Services or with the best user experience when using our Services.

1. Data Collection & Processing

When we use the terms “Personal Data” in this Privacy Policy, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or deidentified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual. 

We collect Personal Data regarding our Visitors and Customers. Such data is typically collected and generated through the Visitor’s or Customer’s interaction with our Services, through automatic means, directly from such Visitor or our Customers, or from other sources and third parties, such as our Service Providers, even before our first interaction. We may also collect Personal Data of other individuals (such as our Customer’s End-Users), on our Customers’ behalf during their use of our Product. We do so as our Customers’ data processor. For more information about our position with respect to data processing, please see Section 10 below.

Specifically, we may collect or generate the following types of personal data:

1. Usage, login credentials, and device information concerning Users and Prospects (connectivity, technical and aggregated usage data, such as user agent, IP addresses and approximate location based upon such IP addresses, device data (like type, OS, device id, browser version, locale and language settings used), activity logs, session recordings, log-in credentials to the Services, the cookies and pixels installed or utilized on their device, and inferred or presumed data on generated from their use of the Services);
2. Information concerning our Customers, Users and Prospects (contact and business details such as name, email, phone number, position, workplace and related business insights, our communications with such individuals (correspondences, sensory information including call and video recordings, and transcriptions and analyses thereof), feedback and testimonials received, contractual and billing details, as well as any expressed, presumed or identified needs, preferences, attributes and insights relevant to our potential or existing engagement).
3. IP addresses of our Customers’ End-Users, processed by us on behalf of the Customer during its use of our Product. We process such data as a data processor (i.e. the respective Customer assumes the role of a data controller over such data) in accordance with our Data Processing Addendum.

2. Data Uses

We use Personal Data as necessary for the performance of our Services (“Performance of Contract"); to comply with our legal and contractual obligations (“Legal Obligation”); and to support our legitimate interests in maintaining and improving our Services, e.g. in understanding how our Services are used and how our campaigns are performing, and gaining insights which help us dedicate our resources and efforts more efficiently; in marketing, advertising and selling our Services; providing customer service and technical support, and protecting and securing our Visitors, Customers, Users, Prospects ourselves and our Services (“Legitimate Interests”).

If you reside or are using the Site in a territory governed by privacy laws under which “consent” is the only or most appropriate legal basis for the processing of personal data as described herein (in general, or specifically with respect to the types of personal data you expect or elect to process or have processed by us or via the Site, or sue to nature of such processing) (“Consent”), your acceptance of our Terms and Conditions and this Privacy Policy will be deemed as your Consent to the processing of your personal data for all purposes details in this Privacy Policy, unless applicable law requires a different form of Consent. If you wish to revoke such Consent, please contact us at info@if-so.com. 

Specifically, we use Personal Data for the following purposes, and in reliance on the legal bases for processing noted next to them, as appropriate:

To facilitate, operate, and provide our Services	Performance of Contract; Legitimate Interests
To provide our Visitors and Customers with assistance and support	Performance of Contract; Legitimate Interests
To further develop, customize and improve the Services and your user experience, based on common or personal preferences, experiences and difficulties	Legitimate Interests
To facilitate and optimize our marketing campaigns, ad management and sales operations, and to manage and deliver advertisements more effectively, including contextual, behavioral, and interests-based advertising for our own products and services, based on Visitor’s, Prospect’s and Customer’s activity, preferences or other data available to us or to our business partners, including for retargeting purposes	Legitimate Interests; Consent
To contact our Visitors, Prospects and Customers with general or personalized messages and communications, as further described under Section 6 below; and to facilitate, sponsor and offer certain events and promotions	Performance of Contract; Legitimate Interests; Consent
To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;To create aggregated statistical data, inferred non-personal data or anonymized or pseudonymized data (rendered non-personal), which we or our business partners may use to provide and improve our respective services	Legitimate Interests; Legal Obligation
To create aggregated statistical data, inferred non-personal data or anonymized or pseudonymized data (rendered non-personal), which we or our business partners may use to provide and improve our respective services	Legitimate Interests
To enforce our Terms and Conditions, to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties	Legitimate Interests
To comply with our contractual and legal obligations and requirements, and maintain our compliance with applicable laws, regulations and standards	Performance of Contract; Legitimate Interests; Legal Obligation

3. Data Location and Retention 

Data Location: We and our authorized Service Providers (defined below) maintain, process and store Personal Data in the United States of America (U.S.), the State of Israel and other jurisdictions, as necessary for the proper delivery of our Services, or as may be required by law.

While privacy laws may vary between jurisdictions, If-So and its affiliates and Service Providers are each committed to protect Personal Data in accordance with this Privacy Policy and customary industry standards, regardless of any lesser legal requirements that may apply in their jurisdiction.

If-So is headquartered in Israel, a jurisdiction which is considered by the European Commission and the UK Secretary of State to be offering an equally adequate level of protection for personal data as is granted in the EEA and the UK, respectively. We transfer personal data from the EEA (including Switzerland) and the UK to Israel on this basis. For data transfers from the EEA or UK to countries which are not considered to be offering an adequate level of data protection, we and the relevant data exporters and importers have entered (or will enter) into Standard Contractual Clauses as approved by the European Commission and UK ICO. 

Data Retention: We retain End-User Data in accordance with the respective Customer’s instructions and in accordance with the Data Processing Addendum. 

We retain Customer and Visitor Personal Data for as long as reasonably necessary in order to maintain and expand our relationship with them and to provide them with our Services. When a Customer uses the Product for a free trial period, we will retain the Customer Data for a shortened time period in order to provide the Services until the free trial period ends or longer, as necessary to fulfill our legitimate business interests and in accordance with our data retention policy and applicable laws requiring us to retain data.

We will also retain your Personal Data for as long as is required in order to comply with our legal and contractual obligations, or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), in accordance with our data retention policy.

Please note that except as required by applicable law, we will not be obligated to retain your Personal Data for any particular period, and we are free to securely delete it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by email at info@if-so.com. 

4. Data Disclosure

We disclose Personal Data in the following ways:

Legal Compliance: We may disclose or allow government and law enforcement officials access to your Personal Data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that we are legally compelled to do so, or that it is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing.

Service Providers: We may engage selected third-party companies and individuals to perform services complementary to our own, namely - hosting, data analytics, marketing and advertising, data and cyber security, payment processing, user engagement, e-mail distribution and monitoring, text messaging and session recording; as well as our business, legal and financial advisors (collectively, “Service Providers“). These Service Providers may have access to your Personal Data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use it for such purposes.

Protecting Rights and Safety: We may share your Personal Data with others if we believe in good faith that this will help protect the rights, property or personal safety of If-So, any of our Customers, or any members of the general public.

If-So Subsidiaries and Affiliated Companies: We may share Personal Data internally within If-So’s group of subsidiaries and affiliates for the purposes described in this Privacy Policy. In addition, should If-So or any of its subsidiaries or affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Data may be shared with the parties involved in such event. If we believe that such change in control might materially affect your Personal Data then stored with us, we will notify you of this event and the choices you may have via e-mail or prominent notice on our Services.

For the avoidance of doubt, If-So may share your Personal Data in additional manners, such as pursuant to your explicit approval, if we are legally obligated to do so, or if we have successfully rendered such data non-personal and anonymous. We may transfer, share or otherwise use non-personal data at our sole discretion and without the need for further approval.

5. Cookies and Data Collection Technologies

Our Services and some of our Service Providers utilize “cookies”, anonymous identifiers and other tracking technologies which help us provide, secure and improve our Services, personalize your experience and monitor the performance of our activities and campaigns. 

A cookie is a small text file that is placed, for example, to collect data about activity on our Site. Some cookies and other similar technologies serve to recall Personal Data, such as an IP address, that was previously indicated.

we use Google Analytics to collect information about the use of our Site. Google Analytics collects information such as how often you visit the Site, which pages you visited when doing so, and which other sites they used prior to coming to our Site. We do not merge the information collected through the use of Google Analytics with personally identifiable data. Google’s ability to use and share information collected by Google Analytics about your visits to and use of the Site is restricted by the Google Analytics Terms of Service and the Google Privacy Policy. You can learn more about how Google collects and processes data specifically in connection with Google Analytics here. Further information about your option to opt out of these analytics services is available here.

To learn more about the cookies we use, please visit our Cookie Policy. 

While we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser and recommend the use of cookies for an optimal user experience of our Services, most browsers allow you to control cookies, including whether to accept them or to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.

6. Communications

Service Communications: We may contact you with important information regarding our Services. For example, we may notify you (through any of the means available to us) of changes or updates to our Services, billing issues, service changes, password-retrieval notices, etc. We, or our Customers (your organization), may also send you notifications, messages and other updates. Typically, you will not be able to opt-out of receiving such service communications while using our Services, as they are integral to such use.

Notifications and Promotional Communications: We may also contact you, through email or via the Intercom app, with promotional messages (such as newsletters, special offers and sales, new product announcements, etc.) or any other information we think our Customers will find valuable; and to facilitate, sponsor and offer certain events and promotions. We may provide such notices through any of the contact means available to us (e.g. phone or e-mail), through the Services, or through our marketing campaigns on any other sites. 

If you do not wish to receive such promotional communications, you may notify If-So at any time by sending an email to info@if-so.com, changing your communications preferences in your account, or by following the “unsubscribe” instructions contained in the promotional communications you receive.

7. Data Security

In order to protect your Personal Data held with us and our Service Providers, and on our networks, we use industry-standard physical, procedural, and electronic security measures, as appropriate. However, please be aware that regardless of any security measures used, we cannot and do not guarantee the absolute protection and security of any Personal Data stored with us or with any third parties as described in Section 4 above.

8. Data Subject Rights

If you wish to exercise your rights under any applicable law, including the EU or UK General Data Protection Regulation (GDPR) or California Consumer Privacy Act (CCPA), such as – to the extent applicable – the right to know/request access to (specific pieces of Personal Data collected; categories of Personal Data collected; categories of sources from whom the Personal Data was collected; purpose of collecting Personal Data; categories of third parties with whom we have shared Personal Data), to request rectification or erasure of your Personal Data held with If-So, or to restrict or object to such Personal Data’s processing (including the right to direct us not to sell your Personal Data to third parties now or in the future), or to port such Personal Data, or the right to equal services and prices (e.g. freedom from discrimination) (each to the extent available to you under the laws which apply to you) – please contact us by email at info@if-so.com. Moreover, you may correct, update or remove Personal Data and/or deactivate your account by logging into your If-So account or accessing any other website, connected to If-So, where you have provided such data. If you are a GDPR-protected individual, you also have the right to lodge a complaint with the relevant supervisory authority in the EU or the UK, as applicable.

Please note that once you contact us by e-mail regarding your Data Subject rights, we may require additional information and documents, including certain Personal Data, in order to authenticate and validate your identity so we could further process your request. Such additional data will be then retained by us for legal purposes (e.g. as proof of the identity of the person submitting the request), in accordance with Section 3 above.

9. Children’s Privacy

Our Services are not designed to attract children under the age of 16. We do not knowingly collect Personal Data from children and do not wish to do so. If we learn that a person under the age of 16 is using the Services, we will prohibit and block such use and will make all efforts to promptly delete any Personal Data stored with us with regard to such child. If you believe that we might have any such data, please contact us by email at info@if-so.com.

10. Data Controller/Processor

Certain data protection laws and regulations, such as the EU GDPR, UK GDPR and the CCPA, typically distinguish between two main roles for parties processing Personal Data: the “Data Controller” (or under the CCPA, “business”), who determines the purposes and means of processing; and the “Data Processor” (or under the CCPA, “service provider”), who processes the data on behalf of the Data Controller. Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.

If-So is the “Data Controller” of its Prospect Data and Customer Data, and with respect to which, assumes the responsibilities of Data Controller (solely to the extent applicable under law), as set forth in this Privacy Policy. In such instances, our Service Providers processing such data will assume the role of “data processor”.

If-So is the “Data Processor” of End-User Data, as well as all generated content and further information on our Customer’s site visitors. If-So processes such data on behalf of the Customer (who is the “Data Controller” of such data; and our Service Providers who process such End-User Data on our behalf are the “sub-processors” of such data). Accordingly, with respect to End-User Data, the Customer will be responsible for meeting any legal requirements applicable to Data Controllers (such as establishing a legal basis for processing and responding to Data Subject Rights requests concerning the data they control).

11. Additional Notices

Updates and Amendments: We may update and amend this Privacy Policy from time to time by posting an amended version on our Services. The amended version will be effective as of the date it is so published. We will provide a 10-day prior notice if we believe any substantial changes are involved via any of the communication means available to us or via the Services. After such notice period, all amendments shall be deemed accepted by you.

California Requirements: This policy describes the categories of personal information we may collect and the sources of such information (in Section ‎1 above), and our retention (Section ‎3) and deletion (Section ‎8) practices. We also included information about how we may process your information (in Sections ‎2 through ‎6), which includes for “business purposes” under the California Consumer Privacy Act (CCPA). We do not sell your personal information for the intents and purposes of CCPA. We may disclose personal data to third parties or allow them to collect personal data from our Services as described in Section ‎4 above, if those third parties are authorized Service Providers or business partners who have agreed to our contractual limitations as to their retention, use, and disclosure of such personal data, or direct us to disclose your personal data to third parties, or as otherwise described in Section 4 above.

If you have questions or would like to exercise your rights under the CCPA, you can contact us by email at info@if-so.com. 

External Links: While our Services may contain links to other websites or services, we are not responsible for their privacy practices, and encourage you to pay attention when you leave our Services for the website or application of such third parties and to read the privacy policies of each and every website or service you visit. This Privacy Policy applies only to our Services.

Questions, Concerns or Complaints: If you have any comments or questions about this Policy or if you have any concerns regarding your Personal Data, please contact us by email by sending us a message to info@if-so.com.