Toonimo Inc. and its affiliates ("Toonimo", "we" or "us") welcome you ("User" or "you") to our online user experience platform that allows you to guide the users of your online service, or your users of any third party online service (the "Service") and website at www.toonimo.com (the "Site"). To avoid confusion, the terms User and You will refer to Toonimo customers who register to our Service ("Customers") and anyone who visits our Site as further explained below.
The main purpose of these Terms of Use is to settle the relationship between us and Toonimo's Customers who use our Service. These Terms of Use also generally settle the relationship between us and anyone who visits our Site.
1. Acceptance of the Terms
By logging to, connecting to, accessing or using the Site and/or Service, you acknowledge that you have read and understood the following terms of use, including the Privacy Policy terms (collectively, the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your conduct on the Site and/or Service. IF YOU DO NOT AGREE WITH ALL OF THE TERMS, DO NOT CONNECT TO, ACCESS OR USE THE SITE AND/OR SERVICE IN ANY MANNER.
By logging-in, connecting to or using the Site or Service, you acknowledge that the Terms constitute a binding and enforceable legal contract between Toonimo and you and that you possess the legal authority to enter into these Terms and to use the Site and Service in accordance with these Terms, and to fully perform your obligations hereunder.2. The Site and the Service
The Site:
The Site offers information about us, our products and services, and allows you to register to our Service. The general use of our Site is currently free of charge. If you wish to subscribe to our Service, you will be required to pay the fees specified in our Service order, proposal or statement of work (collectively, the "Order Form").
The Service:
Toonimo's Service is a user experience platform that assists our Customers to intelligently guide their users while using the Customer's online services or any other third party online service. The Service works in the following manner:
Customers register to our Service.
Customers install our code-line in order to enable the Service or install a plugin locally.
Customers (or Toonimo, upon request), add to the Customer's online services certain scripts, graphics, texts and audio tracks that may simplify the Customer's end-users' experience.
Once an end-user of the Customer presses the "WalkThrough" button or initiates any other trigger which activates the Toonimo Service ("WT Trigger"), such he/she will be provided with a personalized step-by-step guidance, which will assist him/her with using the Customer's or third party's online services.
The Customer's manage this guide and receive analytics and statistics related to end-user's interaction with it.
Additional paid services which are specified in the Order Form may apply.
Please note:
(i) The Site and/or Service are provided on an "AS-IS" basis. Although the Service is intended to increase engagement in Customer's online services, reduce service costs and increase conversion rates, we cannot guarantee that these goals will be achieved on your online services.
(ii) These Terms and the applicable Order Form govern your use of the Service, unless you have executed a separate agreement with us which expressly supersedes these Terms.
(iii) Toonimo makes its best efforts not to collect personally identifiable information of the end-users of its Customers. As Customers are in direct contact with their end-users, Customers are solely responsible for obtaining end-user's consent for the collection and use of their personally identifiable information, and to comply with the requirements of applicable privacy laws. We will not be responsible in any way for infringing end-user's privacy as a result of Toonimo Customer's failure to comply with these Terms.
3. Registration
In order to use the Service, a personal account will be created for the Customer ("Account"), which will host basic details regarding the Customer, as further detailed in our Privacy Policy at: Privacy Policy
During the registration process you will be asked to choose a password for your Account, which must be kept in confidence at all times. Your account is personal and you agree not to disclose your username and password to any third party. If you wish to either change your user name or password to log-in to your Account, or cancel and remove your Account, you may do so using such option on the Site or contact us at: info@toonimo.com . Note that we may suspend your account if we have found that you are in breach of these Terms.
CANCELLING OR TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
4. Consideration
Customers shall pay Toonimo certain consideration from time to time as set forth in the Order Form, which will constitute an integral part hereof. All amounts payable under these Terms are exclusive of sales, use, value-added, withholding, and other taxes and duties. Customer will pay all taxes, VAT and duties assessed in connection with these Terms by any authority, except for taxes payable on Toonimo's net income. Toonimo's consideration will be based on Toonimo's records. CUSTOMER DISCLAIMS AND FORFEITS ANY CLAIMS REGARDING THE ACCURACY OF TOONIMO'S COUNT, AND AGREES TO ACCEPT TOONIMO'S COUNT AS FINAL.
5. Online Payment Services
Payments may be processed via certain online payment service providers ("Online Payment Processors"). We may add or change the Online Payment Processors in our sole discretion. The Online Payment Processors enable you to send payments securely online using a credit card, debit card or bank account. We do not control and are not affiliated with such Online Payment Processors. We are not responsible in any way for the actions or performance (or lack thereof) of the Online Payment Processors. It is your responsibility to abide by all the terms specified by the Online Payment Processors in their terms of use and privacy policies.
6. Term and Termination
These Terms apply as long as you use the Site.
Unless a fixed term is provided in the Order Form, the Service will be considered as active from the moment the Customer submits the Order Form and until such time when the Service is terminated by either Toonimo or the Customer (each individually is defined as "Party", and collectively the "Parties"), for any reason, by written notice to the other Party (all notices of termination to Toonimo are to be sent to info@toonimo.com). Termination of the Service will take effect within twenty four (24) hours after the termination notice has been acknowledged by the other Party in a written reply. For avoidance of any doubt, any unpaid fees will be charged upon the effective date of the Service termination.
The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive
7. Confidentiality
During the term of these Terms, either Party may have access to confidential information of the other Party or confidential information entrusted to that Party by other persons, corporations, or firms. All oral or written, non-public information, including information provided by an electronic medium, concerning either Party, furnished or disclosed in any manner to the other Party shall be deemed confidential. The confidential information of either Party includes all matters which are confidential in nature including know-how, trade secrets, experimentation, research and developments relating to existing and future products and services marketed or used or manufactured in whole or in part by either Party (whether or not such products or services are actually realized or pursued by that Party), and also any information which gives either Party competitive advantages including, without limitation, know-how, trade secrets and data relating to the general business operations of that Party ("Confidential Information").
Both Parties agree to hold such Confidential Information as strictly confidential and not to disclose any such Confidential Information to any third party whatsoever. If either Party is required to disclose any Confidential Information pursuant to the provisions of any relevant law then that Party shall not disclose such information without first notifying the other Party of such requirement and cooperating with the other Party regarding such disclosure.
Neither Party shall use, directly or indirectly, the Confidential Information, except to the extent required for the performance of the Service.
Confidentiality obligations shall remain in effect upon the termination of these Terms for any reason, until such Confidential Information becomes generally available to the public through legitimate means.
Upon termination of these Terms, both Parties shall return all data in any and all forms (without retaining copies) which pertain to Confidential Information. In case that any copies of such Confidential Information cannot be physically returned, these copies must be promptly destroyed.
8. User Representations and Undertakings
As a condition for your use of the Site and/or Service, you hereby represent and warrant that:
You will not infringe or violate any of the terms and conditions of the Terms;
You possess the legal authority to enter into these Terms, either as an individual or as representative of the organization or business you work for, and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms and to fully perform your obligations hereunder;
The execution of these Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject.
You, not us, are solely responsible to respond to any questions or requests of your end-users.
9. Use Restrictions
There are certain conducts which are strictly prohibited on the Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein (as judged by us in our sole discretion), may result in the termination of your access to the Site and/or Service and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
Infringe or violate any of the Terms.
Use the Site and/or Service and/or any interactions therein for any illegal, unlawful or unauthorized purposes.
Use the Site and/or Service in any form of spam, unsolicited mail or similar conduct.
Use the Site and/or Service for non-personal or commercial purposes without Toonimo's express prior written consent.
Interfere with or violate other Users' rights to privacy and other rights, or harvest or collect data and information about other Users without their express consent, whether manually or automatically with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access the Site and retrieve, index and/or data-mine any information.
Interfere with or disrupt the operation of the Site and/or Service or the servers or networks that host them, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks.
Post, publish, or otherwise make available through the Site any content, text or information that is abusive, harassing, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
Impersonate any person or entity or provide false information on the Site, whether directly or indirectly.
Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Toonimo or any third party endorses you, your website, your business, or any statement you make, or present false or inaccurate information about the Site and/or Service.
Transmit, distribute, display or otherwise make available through or in connection with the Site any content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content.
Bypass any measures we may use to prevent or restrict access to the Site and/or Service.
Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Site and/or Service including the Characters in any way, unless permitted hereunder.
Create a browser, frame, border environment or GUI around the Site and/or Service.
Link, including in-line linking, to elements on the Site, such as images, posters and videos, unless permitted hereunder.
