TL;DR

• You are allowed to use the service only to monitor the assets of your organization
• The monthly price covers a single brand
• As defined in the TOS in section 3.22, a brand is a unique identifiable business operation in a specific market of a specific Entity, affiliate or subsidiary
• We retain the right to stop providing a service to anyone abusing the service, or who does not follow the terms of use

Please note that the TLDR section is not binding or contains any legal definitions. Please refer solely to the Terms of Service below.

Intelfinder TOS & Eula & Subscription Agreement (“The Agreement”) Last Updated: 1/6/2020 1. ABOUT 1.1. Inteller LTD. (hereinafter: “Inteller”, “The Company”, “We”), develops and operates the proprietary “Intelfinder” - a Software as a Service, automated Cyber threat intelligence platform, which provides its users with Cyber intelligence information about their Company and assets, identifies threats and provides remediation recommendations. (hereinafter: “The Services"). 1.2. THIS AGREEMENT CONSTITUTES A BINDING CONTRACT ON YOU AS A SUBSCRIBER, AGENT, USERS OR END-USER (HEREINAFTER ALTOGETHER REFERS TO AS “YOU”, “YOUR” OR INDIVIDUALLY REFFERS TO AS “SUBSCRIBER”, “AGENT”, “USERS” AND “END USERS” AS THE CASE MAY BE) AND GOVERNS YOUR USE OF AND ACCESS TO THE SERVICES BY YOU, AGENTS, USERS AND END-USERS WHETHER IN CONNECTION WITH A PAID OR FREE TRIAL SUBSCRIPTION TO THE SERVICES. 1.3. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, ORGANIZATION OR ANOTHER LEGAL ENTITY (AN “ENTITY”), YOU ARE AGREEING TO THIS AGREEMENT FOR THAT ENTITY AND REPRESENTING TO INTELLER THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS AGREEMENT, IN WHICH CASE THE TERMS “SUBSCRIBER,” “YOU,” “YOUR” OR A RELATED CAPITALIZED TERM HEREIN SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE ANY OF THE SERVICES. 2. ACCEPTANCE OF TERMS 2.1. By accepting this Agreement, either by accessing or using the Services, or authorizing or permitting any Agent or End-User to access or use the Services, You, Subscriber, Agents, Users and End-Users agree to be bound by this Agreement. This Agreement governs all use by You Subscriber, Agents, Users and End-Usersas a user of the Services. 2.2. The Services are offered subject to your acceptance without modification of all the Terms contained herein and all other operating rules, policies and procedures that may be published from time to time on the Services or at any other place by the Company. 3. DEFINITIONS 3.1. When used in this Agreement with the initial letters capitalized, in addition to the terms defined elsewhere in this Agreement, the following terms have the following meanings: 3.2. Service(s): means the Services that are accessed, used by You or available to You whether on a trial or paid basis including, individually and collectively, the applicable Software, updates, API, Documentation, and all applicable Associated Services that You have purchased or deployed or to which You have subscribed (“Deployed Associated Services”) that are provided under this Agreement. “Services” exclude Third Party Services as that term is defined in this Agreement and Associated Services that are not provided under this Agreement. From time to time the names and descriptions of the Services may be changed. To the extent Subscriber is given access to such Service as so described by virtue of other prior acceptance of this Agreement, this Agreement shall be deemed to apply to such Service as newly named or described. 3.3. Third Party Services: means third party products, applications, services, software, networks, systems, directories, websites, databases and information used by the Services or obtained separately by You which a Service links to, or which You may connect to or enable in conjunction with a Service, including, without limitation, Third Party Services which may be integrated directly into Your Account by You or at Your direction. 3.4. Service Data: means electronic data, text, messages, communications or other materials provided, collected, submitted to and stored within a Service by You, Agents, End-Users or by the Services in connection with Your use of such Service, which may include, without limitation, Personal Data. 3.5. Service Plan(s): means the packaged service and subscription plan(s) and the functionality and services associated therewith (as detailed on the Site) for the Services to which You subscribe, which plan may detail, among other things, the number of Agents authorized to use a Service under Your subscription and the term during which the Services shall be provided. 3.6. Site: means a website operated by Inteller, including intelfinder.io, as well as all other websites that Inteller operates. 3.7. Subscription Term: means the maximum determined Brands by You, Agent or End-User and for a period listed in the applicable Service Plan to which You have agreed to or subscribe to. 3.8. Supplemental Terms: means the additional terms and conditions that are contained in this Agreement under the Section entitled, “Supplemental Terms and Conditions” which apply and are incorporated into this Agreement with certain Services, features, or functionality 3.9. Account: means any accounts or instances created by or on behalf of You, Subscriber, Agents or End-User within the Services. 3.10. Affiliate: means, with respect to a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with such Party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract, or otherwise. 3.11. “Subscriber”: End-User, Entity, individual who subscribes to the Service and/or its account considered as a “Master Account”. 3.12. Agent: means an individual, Entity or sub-user authorized to use a Service through Your Account or Master Account as an agent, user and/or administrator. 3.13. Agreement: means this Agreement together with any and all Supplemental Terms and Additional Features along with the Inteller Privacy Policy located on Our Site. 3.14. API: means the application programming interfaces developed and enabled by Inteller that permit Subscribers to access certain functionality provided by the Services, including, without limitation, REST API that enables the interaction with the Services through HTTP requests and the application development API that enables the integration of the Services with other web applications. 3.15. Associated Services: means products, services, features and functionality designed to be used in conjunction with the Services but not included in the Service Plan to which You are subscribed. These Associated Services will be governed by this Agreement unless Inteller otherwise communicates a different agreement to You at the time of Your deployment of or access to the integration or application. For avoidance of doubt, none of the Associated Services or any other product, service, feature or functionality that is expressly stated to be governed by any alternative license, agreement or terms shall be deemed an Associated Service. 3.16. Pilot Services: means a product, service or functionality provided by Inteller that may be made available to You to try at Your option at no additional charge which is clearly designated as beta, pilot, limited release, non-production, early access, evaluation or by a similar description. 3.17. End-User: means any person or entity other than Subscriber or Agents that interact with the Services and/or with whom Subscriber or its Agents interact using a Service 3.18. Documentation: means any written or electronic documentation, images, video, text or sounds specifying or describing the functionalities of the Services or Service Plans, as applicable, provided or made available by Inteller to You ; provided, however, that Documentation shall specifically exclude any “community moderated” forums as provided or accessible through any knowledge base(s). 3.19. Payment Agent: A payment agent designated by Inteller LTD. 3.20. Personnel: means employees and/or non-employee service providers and contractors of Inteller engaged by Inteller in connection with performance hereunder. 3.21. Assets: means anything that exists in a binary format that comes with the right to use and/or that is considered as Your, Subscriber’s or its Agents’ or End-User’s intellectual property rights including but not limited to: Patents, Copyrights, Trademarks, Trade secrets, proprietary rights, a right to copy, duplicate, reproduce, modify and otherwise use. Asset that do not possess these rights are not considered Your assets. Assets can potentially be brands, domains names, E-mail domains, IP addresses, website domains, site or document-specific search keywords, Document strings etc. 3.22. Service Assets: All Assets provided or collected by You or by the Services to perform the Services and not possess Your right to use or possess your intellectual property rights. 3.23. Brand: A unique identifiable business operation in a specific market of a specific Entity and/or: (a) Group of companies - each affiliate or subsidiary company will be considered as Brand; (b) Merger of companies: The joining together of two corporations in which one corporation transfers all of its assets to the other, which continues to exist and keep their services or products unique identifiable for their markets, each product or services will consider as Brand; (c) Unique products or services that part of one identifiable business operation- the business operation Brand name will be considered as Brand and not the products '/services' brand names. 3.24. Confidential Information: means all information disclosed by You to Inteller or Inteller to you whether in using, performing and making the Services available and/or may be provided with, given access to, or exposed to Confidential Information of the other party in connection with this Agreement. ‟Confidential Information” shall mean any information and data of a proprietary, confidential nature or Personally Identifying Information as defines by the GDPR (2016/679) and/or by any Applicable Data Protection Law (“PII”), whether in oral, written, graphic, machine-readable form, or in any other form, including but not limited to proprietary, technical, development, marketing, sales, price, operating, performance, cost, know-how, business and process information, methods, procedures, data, computer programming techniques and computer code, any information regarding suppliers, licensors, licensees, partners, affiliates, customers, potential customers or others, and all record bearing media containing or disclosing such information and techniques, which is disclosed by one party to the other party pursuant to this Agreement or to which the other party is exposed or given access in connection with this Agreement, whether or not marked as “Confidential” or similar marking. Without derogating from the generality of the foregoing, Confidential Information of the Company shall include also the details of the Services, and the results of any performance tests of the Services and any work products of the Services, and Confidential Information of the Customer shall include also the Customer Data. Confidential Information shall not include any information that: (a) is or becomes publicly known other than through any act or omission of the receiving party; (b) was in the receiving party's lawful possession before the disclosure, as evidenced by applicable documentary; (c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; (d) is independently developed by the receiving party, as evidenced by applicable documentary; or (e) is required to be disclosed by any final judicial or administrative order or decree or pursuant to any applicable law. Personal Data will consider as confidential. 3.25. Applicable Data Protection Law: means any local and international data protection laws as applicable to you, such as: The General Data Protection Regulation (EU) 2016/679, the Swiss Federal Act of 19 June 1992 on Data Protection (as may be amended or superseded), the Israeli Data Protection Law, 1996 and its regulation, The California Consumer Privacy Act (CCPA) of 2018 and its regulations etc. 3.26. Data Controller: means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by the European Union, Member State or any Applicable Data Protection law, the controller or the specific criteria for its nomination may be provided for by the European Union, Member State or any Applicable Data Protection law; 3.27. Data Processor: means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller; 3.28. Processing: means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction. 3.29. Personal Data: means any information relating to an identified or identifiable natural person where an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to their physical, physiological, mental, economic, cultural or social identity. 4. THE SERVICES TERMS 4.1. Intelfinder provides to Organizations, Corporations, Businesses etc. (“Entities”) automated cyber threat monitoring services, includes intelligence information about the Entities and their Assets, identifies threats and may provide recommendations. All as the Subscriber, Agents, Users or End-user subscribed to. You acknowledge that the Information as provided to you is automatically collected, inter alia, from third parties’ services, public/private Websites, Platform, Forums, Chats, Social medias, Deep Web etc. Inteller does not have the ability to validate the collected information. Therefore, it depends on their availability and it may not be accurate, comprehensive, complete or up to date. For the avoidance of doubt, the company does all its effort to provide a professional and advanced services. However, a full coverage of the information is not possible and there is no guarantee information on all cyber threats is provided or that any information will be provided in any timeframe. 4.2. Any recommendation provided to you is initial, general and non-binding advice. Any following or reliance on the recommendation is at your own risk. 4.3. The Services might provide you with Alerts. It is your sole discretion and responsibility how to manage the Alerts. We might change the Alert’s setting (i.e. status, content) or cease the Alert if we decide that it not relevant, accurate or valid for your own benefit and improvement of our services. 4.4. ANY USE OF THE SERVICES OR RELIANCE ON THE INFORMATION PROVIDED AND ITS OUTCOMES ARE THE SOLE RESPONSIBILITY OF YOU, SUBSCRIBER AND END -USER AND IN NO CIRCUMSTANCES WILL INTELLER BE RESPONSIBLE AND/OR LIABLE FOR ANY USE OR OUTCOME. 4.5. Using the Services requires initial registration, You will be asked to provide your business contact details, your organization details (For example: your First Name, Last Name, E-mail address, Organization name, your Country etc.) (“Contact Details”). You declare that you are authorized to provide these data and do so according any applicable law. 4.6. We only accept business emails with your unique business email domain name. 4.7. Your Contact Details will be used to create your unique Account and will be stored at our databases unless you will delete your account. Ceasing to use or access the Services will not delete your details or cease to operate your account. 4.8. Your provided Email Address will continue to be stored by Us even if you ask to delete your account for the purpose of enforcing the Agreement. 4.9. While registering to The Services you will be required to determine the number of Brands that you will use with the Services (“Statement of Use”). You will be charged per Brands according your statement of use and our Billing terms (see section 8 (BILLING, PLAN MODIFICATIONS AND PAYMENTS)) below. 4.10. Your payment details may be stored and processed by third parties authorized payment service providers as governed by section 8 below. 4.11. To perform the Services, You might be asked to provide some of your organization’s Assets details. You acknowledge that in order to perform the Services, your Assets might be available to third party services or be disclose to public/private Websites, Search Engines, Platform, Forums, Chats, Social medias, Deep Web etc. all as required, necessary and in extent of providing the Services and Information as subscribe by you. It is your sole discretion and responsibility whether to provide the organization’s Assets or not. However, failing to provide an Asset where a Service requires to provide one, will limit or deprive the use of a Service. IN NO CIRCUMSTANCES INTELLER WILL BE RESPONSIBLE OR LIABLE FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT, LOSS, DAMAGES, CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR PROVIDING THE ASSETS, ACCESS OR USE OF THE SERVICES. 4.12. The Service enables Subscribers to create a unique Master Account to its Entity. The Master Account enables the Subscriber to create sub-users for its Agents. By creating a sub-user, You provide the Agent a unique access to the Services that is part of Your Service domain by using its own credentials ("Agent’s Account"). The Subscriber has the control on its sub-users including open, close, setup and manage an Agent’s Account. By generating a sub-user, you acknowledge that your Agent is aware, understands and accepts these terms. You are solely responsible and be liable for any Agent’s Account and its usage. You are obligated to abide by those terms as may be related to sub-users and Agent’s Accounts and enforce this Agreement on your Agents. 4.13. We will (a) make the Services and Service Data available to You pursuant to this Agreement; (b) use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except (i) during planned downtime for upgrades and maintenance to the Services (of which We will use commercially reasonable efforts to notify You in advance both through Our Site and a notice to Your Account owner and Agents) (“Planned Downtime”); and (ii) for any unavailability caused by circumstances beyond Our reasonable control, including, for example, force majeure, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Our employees), Internet service provider failure or delay, Third Party Services, or acts undertaken by third parties, including without limitation, denial of service attack (“Force Majeure Event”). 4.14. High speed Internet connection is required for proper transmission of the Services. You are responsible for procuring and maintaining the network connections that connect Your network to the Services, including, but not limited to, “browser” software that supports protocols used by Us, including the Transport Layer Security (TLS) protocol or other protocols accepted by Us, and to follow procedures for accessing services that support such protocols. We are not responsible for notifying You, Agents or End-Users of any upgrades, fixes or enhancements to any such software or for any compromise of data, including Service Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by Us. We assume no responsibility for the reliability or performance of any connections as described in this section. 4.15. Support Terms: We provide applicable standard customer support for the Services to You at no additional charge as detailed on the applicable Site and Documentation. The Support is offered via E-mail and ticketing system. Your inquiry will be handled only on business days and hours. We will do our best to answer you shortly. While feedback is important to us, we do not guarantee providing solutions to any request. ALL SUPPORT IS PROVIDED AS RECOMMENDATIONS AND ANY USE OF OR RELIANCE ON THE SUPORT PROVIDED AND ITS OUTCOMES ARE THE SOLE RESPONSIBILITY OF YOU, SUBSCRIBER AND END -USER AND IN NO CIRCUMSTANCES WILL INTELLER BE RESPONSIBLE AND/OR LIABLE FOR ANY USE OR OUTCOME. 5. GENERAL CONDITIONS & LICENSE TERMS 5.1. The Services made available to you are licensed, not sold, to you. The Company grants to you a nontransferable license to use the Licensed Services on any device that you own or control and as permitted by this Agreement. 5.2. Access or use of the Services is subject to compliance by You, Agents and End-Users with this Agreement, You have the limited right to access and use the Services consistent with the Service Plan(s) that You subscribe to, together with all applicable Deployed Associated Services, for Your sole internal business purposes. For avoidance of doubt: You are not allowed to provide other third parties any services or information by using the Services or that rely or derive from the usage of the Services; You are not allowed to use the Services by providing other Entities’ Brands, Assets, Service Assets or any other information for performing competitive business intelligence; 5.3. Your right to access and use the API is also subject to the restrictions and policies implemented by Us from time to time with respect to the API as set forth in the Documentation or otherwise communicated to You in writing. 5.4. You acknowledge that Inteller may modify the Information, features and functionality of the Services during the Subscription Term. 5.5. The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the Licensed Services as well as upgrades provided by the Company that replace or supplement the original Licensed Services, unless such upgrade is accompanied by a Custom Agreement. 5.6. In addition to complying with the other terms, conditions and restrictions set forth below in this Agreement, You may not: (a) distribute or make the Licensed Services available over a network without a written permission of the Company; (b) transfer, redistribute or sublicense the Licensed Services; (c) copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Services, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Services). (d) use the Services to Process data on behalf of any third party other than Agents or End-Users; (e) modify, adapt, or hack the Services or otherwise attempt to gain unauthorized access to the Services or related systems or networks; (f) falsely imply any sponsorship or association with Inteller; (g) use the Services in any unlawful manner, including, but not limited to, violation of any person’s privacy rights; (h) use the Services to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights; (i) use the Services in any manner that interferes with or disrupts the integrity or performance of the Services and its components; (j) use the Services to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (k) use the Services to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”); (l) use or launch any automated system that accesses a Service (i.e., bot) in a manner that sends more request messages to a Service server in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; or (m) attempt to use, or use the Services in violation of this Agreement. 5.7. As between You and Inteller, You are responsible for compliance with the provisions of this Agreement by Agents and End-Users and for any and all activities that occur under Your Account. Without limiting the foregoing, You are solely responsible for ensuring that use of the Services to store and transmit Service Data is compliant with all applicable laws and regulations as well as any and all privacy policies, agreements or other obligations You may maintain or enter into with Agents or End-Users. You also maintain all responsibility for determining whether the Services or the information generated thereby is accurate or sufficient for Your purposes. 5.8. Inteller reserves the right to periodically verify and inspect that Your use of the Services complies with the Agreement and the Service Plan restrictions on Our Site. Should We discover that Your use of a Service is not in compliance with this Agreement or the Subscription Plan restrictions on Our Site, Inteller reserves the right in Our reasonable discretion: (a) to temporarily or permanently suspend Your access to and use of the Services; (b) to charge You, and You hereby agree to pay for, said usage in addition to other remedies available to Us; (c) delete your account. 5.9. You may not access or use the Application if You are a direct competitor of the Company, except with the Company's prior written consent. You may not access the Services for the purposes of monitoring performance, availability, functionality, or for any benchmarking or competitive purposes. 5.10. If You register for a free trial for any of the Services, We will make such Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which You registered to use the applicable Service(s); (b) the start date of any subscription to such Service purchased by You for such Service(s); or (c) termination of the trial by Us in our sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding. Please review the applicable Documentation during the trial period so that You become familiar with the features and functions of the Services under applicable Service Plans before You make Your purchase. ANY SERVICE DATA YOU ENTER INTO A SERVICE, AND ANY CONFIGURATIONS OR CUSTOMIZATIONS MADE TO A SERVICE BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICE AS COVERED BY THE TRIAL, PURCHASE THE APPLICABLE SERVICE, OR EXPORT SUCH SERVICE DATA, BEFORE THE END OF THE TRIAL PERIOD. 5.11. From time to time, We may make Beta Services available to You at no charge. You may choose to try such Beta Services in Your sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not supported, and may be subject to additional terms that will be presented to You. Beta Services are not considered “Services” under this Agreement; however, all restrictions, Our reservation of rights and Your obligations concerning the Service, and use of any Third Party Services shall apply equally to Your use of Beta Services. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of 6 months from the trial start date or the date that a version of the Beta Services becomes generally available without the applicable Beta Services designation. We may discontinue Beta Services at any time at Our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service. 6. INTELLECTUAL PROPERTY RIGHTS 6.1. Inteller shall retain all rights, title and interest in and to all its respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). 6.2. The rights granted to You, Agents and End-Users to use the Services under this Agreement do not convey any additional rights in the Services or in any Intellectual Property Rights associated therewith. 6.3. Subject only to limited rights to access and use the Services as expressly stated herein, all rights, title and interest in and to the Services and all hardware, Software and other components of or used to provide the Services, including all related Intellectual Property Rights, will remain with The Company and belong exclusively to The Company. The Company shall have a fully paid-up, royalty-free, worldwide, transferable, sub-licensable (through multiple layers), assignable, irrevocable and perpetual license to implement, use, modify, commercially exploit, and/or incorporate into the Services or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You, Agents, End-Users, or other third parties acting on Your behalf. 6.4. The Company, and the Company’s other product and service names and logos used or displayed in or on the Services are registered or unregistered trademarks of the Company (collectively, “Marks”), and You may only use applicable Marks in a reasonable manner to identify You as a User; provided You do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent Us, Our services or products. 7. THIRD PARTY SERVICES 7.1. In order to perform the Services, We might use third party services or automatically collect information from public/private Websites, Platform, Forums, Chats, Social medias, Deep Web etc. all as required, necessary and in extent of providing the Services and Information as subscribed by You and according to any applicable law. We do not endorse, are not responsible or liable for, and make no representations as to any aspect of such Third Party Services, including, without limitation, their content or the manner in which they handle, protect, manage or Process data (including Service Data) or any interaction with the provider of such Third Party Services. 7.2. If You decide to access or use Third Party Services, be advised that Your access and use of such Third Party Services are governed solely by the terms and conditions of such Third Party Services. 7.3. We cannot guarantee the continued availability of such Third Party Service features, and may cease enabling access to them without entitling You to any refund, credit, or Third Party compensation, if, for example and without limitation, the provider of an Third Party Service ceases to make the Third Party Service available for interoperation with the corresponding Service in a manner acceptable to Us. You irrevocably waive any claim against Inteller with respect to such Third Party Services. We are not liable for any damage or loss caused or alleged to be caused by or in connection with Your reliance, access or use of any such Third Party Services, or Your reliance on the privacy practices, data security processes or other policies of such Third Party Services 8. SUBSCRIPTION, BILLING, PLAN MODIFICATIONS AND PAYMENTS 8.1. Unless otherwise indicated on a Service Plan referencing this Agreement, all charges associated with Your access to and use of a Service (“Subscription Charges”) are due in full upon commencement of Your Subscription Term, or, with respect to a Deployed Associated Service, at the time such Deployed Associated Service is purchased, subscribed to or otherwise deployed. 8.2. Subscription to the Services is on a monthly or annual basis or according to any other Subscription Plan as will be published from time to time on the Site for your own choice. The Charges will be performed monthly, annually or according any other Subscription’s period (“Periodic Charges”), automatically on a basis of recurring subscription, in advance, as you subscribed to. 8.3. The Subscription fee is based on your Statement of Use (maximum number of Brands that you determine). If you will pass the quota number of Brands as permitted by your subscribed Subscription Plan, We may charge you with the relevant Subscription fee or choose to deny or cease the Services. It is your sole responsibility to use the Subscription Plan according to its terms. 8.4. You acknowledge that the Subscription fee may not be uniform to all users and be differ from or custom to one Entity to another at the Company’s sole discretion. Inteller reserves the right to change fees, prices and any charges at any time without impacting your already subscribed subscription terms. You hereby wave on any claim under any applicable consumer protection laws and regulations in this manner. 8.5. We may offer Promotions Plans that may provide discounts, extend or upgrade a Subscription Plan without additional charges or in specific discount etc. for specific terms and periods without any connection of the terms and period of a Subscription Plan. A Promotion Plan is valid only for the specific terms and period it was offered. Afterwards the basic Subscription fee will be charged. Charging according to a Promotion Plans can be performed at the Periodic Charges or in other pre-defined period for example at the end of the Subscription terms. Inteller reserves the right to cease any offered Promotion Plans at any time and if it discovered that the Promotion Plan was used despite the fact it was no longer valid. In this case Inteller might charge the Subscriber with the difference amount between a Subscription fee and the Promotion fee. 8.6. Since we operate the Services automatically, no refunds or credits for Subscription Charges or other fees or payments will be provided to You whether you elect to downgrade Your Subscription Plan or terminate the use of the Services. In these cases, Your Account will continue to be available to you as your Subscription terms and until the end of your plan. If you choose to terminate the use of the Services according the terms below your payment will not be renewed. If you elect to downgrade the Subscription Plan, your payment will be updated at the end of the current Subscription terms. For avoidance of a doubt, as long as you don’t choose to terminate your use of the Services according the terms below, your account will still be charged. 8.7. If You fail to pay Your Subscription Charges or other charges indicated on any Service Plan, the Access to Your account will be suspended or terminated, but it will remain operational. Only by updating payment information you will be able to access your account. Our payment system will attempt to charge you automatically after 7 days from the date the charge was failed. If it fails again, last and final attempt to charge will be performed after further 7 days. With failing to charge, Your Account will be deleted automatically, and all your data will be lost permanently. 8.8. If You choose to upgrade Your Subscription Plan during Your Subscription Term (a “Subscription Upgrade”), any incremental Subscription Charges associated with such Subscription Upgrade will be prorated over the remaining period of Your then current Subscription Term, charged to Your Account and due and payable upon implementation of such Subscription Upgrade. In any future Subscription Term, Your Subscription Charges will reflect any such Subscription Upgrades. No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to downgrade Your Subscription Plan. Downgrading Your Subscription Plan may cause loss of content, features, or capacity of the Service as available to You under Your Account, and Inteller does not accept any liability for such loss. 8.9. Unless otherwise stated, Our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes. 8.10. If You pay by credit card or certain other payment instruments, the Services provide an interface for the Account owner to change credit card information (e.g. upon card renewal) or other payment method. The Account owner will receive a receipt upon each receipt of payment by the Payment Agent, or they may obtain a receipt from within the Services to track subscription status. 8.11. You hereby authorize the Payment Agent to bill Your credit card or other payment instrument in advance on a periodic basis in accordance with the terms of the Subscription Plan for the Services and for periodic Subscription Charges applicable to Deployed Associated Services to which You subscribe until Your subscription to the Services terminates, and You further agree to pay any Subscription Charges so incurred. 8.12. If applicable, You hereby authorize Inteller and the Payment Agent to charge Your credit card or other payment instrument to establish such prepaid credit. You agree to promptly update Your Account information with any changes (for example, a change in Your billing address or credit card expiration date) that may occur. 8.13. The Payment Agent may use a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain or use Your billing information except to process Your credit card information for the Payment Agent. 8.14. Payments made by credit card, debit card or certain other payment instruments for the Service are billed and processed by Inteller's Payment Agent. To the extent the Payment Agent is not Inteller, the Payment Agent is acting solely as a billing and processing agent for and on behalf of Inteller and shall not be construed to be providing the applicable Service. 9. CANCELLATION AND TERMINATION 9.1. You may elect to terminate Your Account and subscription to the Services as of the end of Your Subscription Term by clicking on “Delete Account” in accordance with this Agreement. By choosing to delete your account, at the end of your Subscription terms, all your data will be lost permanently, and we will delete all your contact details except of your email address from our systems. Your payment details will still be processed until finalizing all payments, afterwards they will be derogated from our systems. 9.2. Unless Your Account and subscription to a Service is so terminated, Your subscription to a Service (including any and all Deployed Associated Services) will renew for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in the applicable Subscription Plan, the Subscription Charges applicable to Your subscription to a Service for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Subscription Plan and Deployed Associated Services to which You have subscribed or which You have deployed, as applicable, as of the time such subsequent Subscription Term commences. 9.3. No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to unsubscribe or delete Your Account prior to the end of Your then effective Subscription Term. In this case your Account and Subscription will still be operational until the end of your Subscription terms. 9.4. We reserve the right to modify, suspend or terminate the Services (or any part thereof), Your Account or Your and/or Agents’ or End-Users’ rights to access and use the Services, and remove, disable and discard any Service Data if We believe that You, Agents or End-Users have violated this Agreement. This includes the removal or disablement of Service Data. Unless legally prohibited from doing so, We will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. We shall not be liable to You, Agents, End-Users or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the Services. Any suspected fraudulent, abusive, or illegal activity by You, Agents or End-Users may be referred to law enforcement authorities at Our sole discretion. 9.5. We may terminate this Agreement or the Services immediately for cause of (a) a material breach of this agreement (b) Any suspected fraudulent, abusive, or illegal activity by You, Agents or End-Users or (c) if You becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. In no event will termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of termination. 9.6. Without derogating to the foregoing, We may terminate this Agreement for any other reason upon thirty (30) days’ written notice to You. 10. CONFIDENTIALITY; SECURITY AND PRIVACY 10.1. You confirm and represent that the Services be used for Your benefit only; The Company shall not be responsible for any unauthorized activity relating to a use of or access to the Services. 10.2. You must protect any access to your Account and keep your password personal and secure. You must notify the Company immediately when any suspected breach of security or unauthorized use of Your Account. The Company will not be liable for any losses caused to You or any third party by any unauthorized use of Your Account. You will be liable for any loss caused to The Company or any third party due to such unauthorized use that may cause by you. 10.3. The Company will maintain reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the Information provided by and through the Services. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of the Information provided by Personnel except (a) to provide the Services and prevent or address service, support or technical problems; (b) as compelled by law. 10.4. You obligate to cooperate with the Company on any Privacy or Security issue derived from the use of or access to the Application. Including, as reasonably requires, implement privacy or security measures as may be needed to maintain the Company privacy and security level. 10.5. To the extent that operating and using the Services include Information that constitutes Personal Data as define by the General Data Protection Regulation (GDPR) (EU) 2016/679 or other likewise Privacy protection law, You shall be deemed to be the data controller or Data Owner as these term is understood under the Applicable Data Protection Law. 10.6. We receive and store any information that You provide to Us or collected by using the Services. For example, through the registration process for Our Services and/or through your Account settings. All information regarding to: how we collect/receive your information, for what purpose, how we use it, where and how we store your information, secure it, what is the retention period etc. are governed under our Privacy Policy, (Attached to this Agreement) which is hereby incorporated by reference into these Terms. The Company strongly recommends that you review the Privacy Policy closely. You should take care to protect private information or information that is important to you. 10.7. You agree that the Company and the third-party service providers that are utilized by the Company to assist in providing the Services to You shall have the right to access Your Account and to use, modify, reproduce, distribute, display and disclose data to the extent necessary to provide the Services, including, without limitation, in response to Your support requests. Any third-party service providers utilized by the Company will only be given access to Your Services as is reasonably necessary to provide the Services and will be subject to confidentiality obligations which are commercially reasonable and substantially consistent with the standards of security and privacy protection as described above and our Privacy Policy. 10.8. Whenever You, Your Agents or End-Users interact with our Services, We automatically receive and record information on Our server logs from the browser or device, which may include IP address, “cookie” information, the type of browser and/or device being used to access the Services. “Cookies” are identifiers We transfer to the browser or device of Your Agents or End-Users that allow Us to recognize Agent or End-User and their browser or device along with how our Services are being utilized. When We collect this information, We only use this data in aggregate form, and not in a manner that would identify Your Agents or End-Users personally. For example, this aggregate data can tell Us how often users use a particular feature of the Services, and We can use that knowledge to improve the Services. 10.9. We also monitor, log and inspect your use of our Services in order to enforce this Agreement and improve our services to you. While doing so, We maintain your Information confidential and secured. By using or accessing the Services , You hereby give your explicit and irrevocable consent to do so. 10.10. If, upon subscription to the System and the Service, You’ve confirmed Your assent to receive promotional and other commercial information by Us, then We shall be entitled to use certain aspects of the Personal Information for promotional purposes, such as to offer You additional products or services. If by mistake you receive direct marketing without your specific consent and/or wish to opt-out, you are required to contact Us at: contact@intelfinder.io. 10.11. We neither rent nor sell Your Personal Data in personally identifiable form to anyone. 10.12. However, We may share your Personal Data with our contractors and service providers who process Personal Data on behalf of the Company to perform certain business-related functions. We may provide them with information, including Personal Data, in connection with their performance of such functions. While we do so we make sure that they will be bound to maintain that Personal Data in accordance with our Privacy Policy. For more information regarding to how we share / transfer your data to third parties, for what purposes and how we secure it, see our Privacy Policy. 10.13. To protect your privacy and secure your personal information, we may transfer your personal Data to third parties after we have anonymized it so that it can no longer identify you. That may include the following ways: 10.13.1. Collecting Usage Data. For the purposes of this section, “Usage Data” means aggregated, encoded or anonymized data that Inteller may collect about a group or category of services, features or users while You, Your Agents or End-Users use a Service for certain purposes, including analytics, and which does not contain Personal Data, which is used to help understand trends in usage of the Services. In addition to collecting and using Usage Data ourselves, Inteller may share the Usage Data with third parties, including Our subscribers, partners and service providers, for various purposes, including to help Us better understand Our subscribers’ needs and improve Our Services. We may also publish Usage Data to provide relevant information about the Services and for purposes of marketing. 10.13.2. Aggregated Personal Data that is not personally identifiable. We may anonymize the Personal Data of Your Agents or End-Users so that they cannot be individually identified, and publish this anonymized information, as segmented by industry, geography and other metrics to provide qualitative insight on customer support metrics and other relevant insights. 10.13.3. Aggregated Personal Data that is not personally identifiable. We may anonymize the Personal Data of Your Agents or End-Users so that they cannot be individually identified and provide that information to our partners. We may also provide aggregate usage information to our partners for analytics purposes, who may use such information to help us understand how often and in what ways people use our Services. However, We never disclose aggregate information to a partner in a manner that would identify Your Agents or End-Users personally, as an individual. 10.14. We may also obtain other information, including Personal Data, from third parties and combine that with information We collect through Our Services such as in the case where You use a Third Party Service or where we may have access to certain information from a third party social media or authentication service if You log into Our Services through such service or otherwise provide Us with access to information from such service. Any access that We may have to such information from a third party social or authentication service is in accordance with the authorization procedures determined by that service. By authorizing Us to connect with a Third Party Service, You authorize Us to access and store Your name, email address(es), current city, profile picture URL, and other Personal Data that the Third Party Service makes available to Us, and to use and disclose it in accordance with this Agreement and Our Privacy Policy (Attached to this Agreement ) as in effect from time to time. 11. REPRESENTATIONS, WARRANTIES AND DISCLAIMERS 11.1. You, your Agents and End-Users represent that you have validly entered into this Agreement and have the legal power to do so. 11.2. We warrant that during an applicable Subscription Term (a) this Agreement and the Documentation will accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Service Data; and (b) the Services will perform materially in accordance with the applicable Documentation. For any breach of a warranty above, Your exclusive remedies are those described in Section 13 herein. 11.3. THE INFORMATION, THE SITES AND THE SERVICES, INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. 12. LIMITATION OF LIABILITY 12.1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL Inteller, OR Its AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS BE LIABLE TO You OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, (BEING DATA LOST IN THE COURSE OF TRANSMISSION VIA YOUR SYSTEMS OR OVER THE INTERNET THROUGH NO FAULT OF Inteller), BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR FOR ANY TYPE OF INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGES, OR ANY OTHER LOSS OR DAMAGES INCURRED BY THE OTHER PARTY OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES. 12.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, Inteller’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR THE SERVICES, SHALL IN NO EVENT EXCEED THE SUBSCRIPTION CHARGES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE SUBSCRIPTION CHARGES AND CONSULTING FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WE WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. WE HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE YOU WITH THE RIGHTS TO ACCESS AND USE THE SERVICES PROVIDED FOR IN THIS AGREEMENT. 12.3. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE JURISDICTIONS, Inteller’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 13. INDEMNIFICATION 13.1. You will indemnify and hold harmless, from and against any claim against Us by reason of Your use of a Service as permitted hereunder, brought by a third party alleging that such Service infringes or misappropriates a third party’s valid patent, copyright, trademark or trade secret (an “IP Claim”). The indemnity will include any losses, attorneys' fees and any expenses and / or payments that we had to pay or expend including pay damages finally awarded against Us in connection therewith. 13.2. If use of a Service by You, Agents or End-Users has become, or, in Our opinion, is likely to become, the subject of any such IP Claim, We may, at Our option and expense, (a) procure for You the right to continue using the Service(s) as set forth hereunder; (b) replace or modify a Service to make it non-infringing; or (c) if options (a) or (b) are not commercially reasonable or practicable as determined by Inteller, terminate Your subscription to the Service(s) and repay You, on a pro-rata basis, any Subscription Charges previously paid to Inteller for the corresponding unused portion of Your Subscription Term for such Service(s). We will have no liability or obligation under this Section with respect to any IP Claim if such claim is caused in whole or in part by (i) compliance with designs, data, instructions or specifications provided by You; (ii) modification of the Service(s) by anyone other than Inteller; or (iii) the combination, operation or use of the Service(s) with other hardware or software where a Service would not by itself be infringing. 13.3. The provisions of this Section state the sole, exclusive and entire liability of Inteller to You and constitute Your sole remedy with respect to an IP Claim brought by reason of access to or use of a Service by You, Agents or End-Users. 13.4. You will indemnify and hold Inteller harmless against any claim brought by a third party against Inteller arising from or related to use of a Service by You, Agents or End-Users in breach of this Agreement or matters for which You have expressly agreed to be responsible pursuant to this Agreement. The indemnity will include any losses, attorneys' fees and any expenses and / or payments that we had to pay or expend including pay damages finally awarded against Us in connection therewith. 14. ASSIGNMENT, ENTIRE AGREEMENT AND AMENDMENT 14.1. You may not, directly or indirectly, by operation of law or otherwise, assign all or any part of this Agreement or Your rights under this Agreement or delegate performance of Your duties under this Agreement without Our prior consent, which consent will not be unreasonably withheld. 14.2. We may, without Your consent, assign this Agreement to any third party including in connection with any merger or change of control of Inteller or the sale of all or substantially all of Our assets provided that any such successor agrees to fulfill its obligations pursuant to this Agreement. Subject to the foregoing restrictions, this Agreement will be fully binding upon, inure to the benefit of and be enforceable by the Parties and their respective successors and assigns. 14.3. This Agreement, together with any Supplemental Term(s) constitute the entire agreement and supersede any and all prior agreements between You and Inteller with regard to the subject matter hereof. This Agreement shall apply in lieu of the terms or conditions in any purchase order or other order documentation You or any Entity which You represent provides (all such terms or conditions being null and void), and, except as expressly stated herein, there are no other agreements, representations, warranties, or commitments which may be relied upon by either Party with respect to the subject matter hereof. There are no oral promises, conditions, representations, understandings, interpretations, or terms of any kind between the Parties, except as may otherwise be expressly provided herein. 14.4. Notwithstanding the foregoing, You may be presented with additional features, functionality, or services as detailed in a Supplement hereto or that We offer as part of or distinct from the Services (the “Additional Features”). In those instances, We will notify You of such Additional Features prior to the activation of these features, functionality, or services and the activation of these features, functionality, or services in Your Account will be considered acceptance of the Additional Features. All such Additional Features will be considered incorporated into this Agreement when You or any Agent authorized as an administrator in Your Account activate the feature, functionality, or service. 14.5. We reserve the right to amend the terms of this Agreement from time to time, in which case the new Agreement will supersede prior versions. Therefore, you must look at the terms of the Agreement regularly to check for such changes. The modified version of the Agreement (the "Modified Agreement") will be posted on the Site or made available within the Services (for any modified additional terms). If you do not agree the Modified Agreement you must stop using the Services. Your continued use of the Services after the date the Modifies Agreement is posted will constitute your acceptance of the Modifies Agreement. Our failure to enforce at any time any provision of this Agreement does not constitute a waiver of that provision or of any other provision of this Agreement. 15. SEVERABILITY 15.1. If any provision in this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. 16. EXPORT COMPLIANCE, USE RESTRICTIONS and Anti- Corruption 16.1. The Services and other Software or components of the Services that We may provide or make available to You, Agents or End-Users may be subject to export control and economic sanctions laws. You agree to comply with all such laws and regulations as they relate to access to and use of the Services, Software and such other components by You, Agents and End-Users. 16.2. You shall not access or use the Services if You are located in any jurisdiction in which the provision of the Services, Software or other components is prohibited under applicable laws or regulations (a “Prohibited Jurisdiction”) and You shall not provide access to the Services to any government, entity or individual located in any Prohibited Jurisdiction. 16.3. You represent, warrant and covenant that (a) You are not named on any list of persons or entities prohibited from receiving exports, or transacting with any person; (b) You are not a national of, or a company registered in, any Prohibited Jurisdiction; (c) You shall not permit Agents or End-Users to access or use the Services in violation of any applicable export embargoes, prohibitions or restrictions; and (d) You shall comply with all applicable laws regarding the transmission of technical data exported from the country in which You, Agents and End-Users are located. 16.4. You agree that You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Our employees or agents in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. 16.5. If You learn of any violation of the above restriction, You will use reasonable efforts to promptly notify Us at contact@intelfinder.io. 17. RELATIONSHIP OF THE PARTIES 17.1. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the Parties. 18. NOTICE 18.1. All notices to be provided by Inteller to You under this Agreement may be delivered in writing by electronic mail to the electronic mail address provided by you when registered to the Services. 18.2. All notices to be provided by You to Inteller under this Agreement may be delivered in writing by electronic mail to contact@intelfinder.io. 18.3. All notices shall be deemed to have been given immediately upon delivery by electronic mail. 19. GOVERNING LAW 19.1. This Agreement shall be governed by the laws of the State of Israel, without reference to conflict of laws principles. Any disputes under this Agreement shall be resolved in a court of general jurisdiction in Tel-Aviv, Israel. You hereby expressly agree to submit to the exclusive personal jurisdiction of this jurisdiction for the purpose of resolving any dispute relating to this Agreement or access to or use of the Services by You, Agents or End Users. 20. SURVIVAL 20.1. Sections 6,8,10,12, 13 shall survive any termination of our agreement with respect to use of the Services by You, Agents or End Users. Termination of such agreement shall not limit a Party’s liability for obligations accrued as of or prior to such termination or for any breach of this Agreement. PRIVACY POLICY Last updated: 16/12/2019 1. Privacy statement THIS PRIVACY POLICY IS IN ADDITION TO AND IS INCORPORATED INTO THE TERMS OF SERVICE (TOS) AGREEMENT OF INTELFINDER. IT REFERS TO THE SERVICES, SUBSCRIBERS, AFFILIATES AND END-USERS (AS DEFINED AT THE TOS). Inteller LTD. is a vendor for organizations with the aim of supporting its customers both in terms of technology and knowledge (hereinafter referred to as: “Inteller”, “The Company”, “We”). This Privacy Policy refers to our services provided by “Intelfinder” - a Software as a Service, automated Cyber threat intelligence platform, which provides its users with Cyber intelligence information about their Company and assets, identifies threats and provides remediation recommendations (“The Services”). WE HAVE CREATED THIS PRIVACY POLICY BECAUSE WE HIGHLY VALUE YOUR PERSONAL DATA. THIS PRIVACY POLICY INCLUDES IMPORTANT INFORMATION IN RESPECT TO YOUR PERSONAL DATA. This Privacy Policy sets forth Inteller's policy with respect to any information relating to an identified or identifiable natural person (“Personal Data”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. "Personal Data" and identifiable natural person are as defined in the General Data Protection Regulation (GDPR) (EU) 2016/679. "Non-Personal Data" is therefore any information that does not relate to an identified or identifiable natural person. The limitations and requirements in this Privacy Policy relate only to our gathering, use, disclosure, transfer and storage/retention of Personal Data, but do not apply to Non-Personal Data. 2. Data that we use, receive, collect, process or store and how we use it: 2.1. We provide the Services to business Entities (Corporations, Organizations, Companies, Businesses etc.) regarding their business-related information that may include Personal Data. 2.2. ALL THE INFORMATION PROVIDED, USED OR GATHERED BY YOUR USE OF THE SERVICES BELONGS TO YOU AND WE DO NOT SELL IT OR USE IT FOR ANY PURPOSE BUT TO PROVIDE THE SERVICES TO YOU AND OPERATE OUR BUSINESS. 2.3. Therefore, using, receiving, collecting, processing or storing Personal Data is not our primary purpose. However, in the course of providing or using the Services, Personal Data might be provided, used, received, collected, processed or stored by You or by the Services. 2.4. This might include Personal Data about Your: contact person, representatives, agents, customer’s data, employees, officers, shareholders, directors etc. 2.5. The Personal Data may include: 2.5.1. Your Assets as defined at the TOU (i.e. Customers’ lists, records and data), names, telephone numbers, email addresses, addresses, contact details, financial information (i.e. billing information, bank account information, credit card information), social network contact accounts, etc. 2.5.2. Information as to how the Services are accessed and used including information such as computer IP addresses, browser types or versions, the pages of the Website that a user visits, the times and dates of visits, the time spent on each page, unique device identifiers and other diagnostic data. 2.6. We use cookies and similar tracking technologies to track the activity on the Services and hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Products. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of the Services. Examples of cookies we use: (a) Session cookies – for operating our Products; (b) Preference cookies – for remembering your preferences and various settings; (c) Security cookies – for security purposes. 2.7. This Information provided to us voluntarily and/or through the data owner’s consent to collect and process it, and/or the processing thereof is necessary to meet contractual obligations entered into by the data owner and You or Us, and/or the processing thereof is necessary for Us to comply with our or your legal obligations, and/or the processing thereof is for the purposes of legitimate interests pursued by You or Us. 2.8. We may use Personal Data as follows: 2.8.1. Processing and Analyzing: in order to provide the Services and conduct our business, We may use Personal Data for processing and analyzing purposes. For example, we use cookies to personalize your website or services experience, improve the Services, improve customer service and administer promotions, surveys, or other site features. 2.8.2. Certain purposes: if you provide Personal Data for a certain purpose, We may use the Personal Data in connection with the purpose for which it was provided. For instance, if you contact Us by e-mail, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came. 2.8.3. Internal business purposes: We may use your Personal Data for internal business purposes, including helping us improve the content and functionality of the Services to better understand Your needs, to improve our services, to protect against, identify or address wrongdoing, to enforce our Contracts and this Privacy Policy, to provide you with customer service, and generally to manage and operate our business. 2.8.4. Marketing purposes: Personal Data provided to us by you may be used by us to contact you in the future for our marketing and advertising purposes, including providing You with promotions, informing you about new products or services we believe might be of interest to you and developing and delivering promotional or marketing materials. IF BY MISTAKE YOU RECEIVE DIRECT MARKETING WITHOUT YOUR SPECIFIC CONSENT OR WISH TO OPT-OUT, PLEASE CONTACT US AT CONTACT@INTELFINDER.IO. 2.8.5. Statistics: Personal Data provided to Us by You may be used by Us for statistical reports containing aggregated information. 2.8.6. Security and dispute resolution: We may use Personal Data to protect the security of the Services, to detect and prevent cyber-attacks, fraud, phishing, identity theft, data leakage, to confirm the validity of software licenses, to resolve disputes and to enforce our agreements. 2.8.7. Data Retention, archives: we retain and archive Personal Data as long as necessary to operate our business and provide the Services, to meet our contractual obligations and law and regulations - subject to our retention policies and this Privacy Policy. 2.8.8. Transfer, sharing and disclosure: We may share your Personal Data with our partners, contractors and service providers who process Personal Data on Our behalf to perform certain business-related functions. When doing so, we ensure that they are bound to maintain the Personal Data in accordance with this Privacy Policy. 2.8.9. Cloud products: We may need to share Personal Data with our cloud service providers. For example, to assist Us in maintaining and securing the Services or providing the Services, cloud service providers may require access to Personal Data. In such cases, we ensure that our cloud service providers are bound to maintain the Personal Data in accordance with this Privacy Policy. 2.8.10. Development and customer service team: we may need to share Personal Data with our development and customer service team. For example, to provide customer service and support or to assist in protecting and securing our systems and services, our development and customer service team may have access to Personal Data. In such cases, we ensure that our development and customer service team is bound to maintain the Personal Data in accordance with this Privacy Policy. 2.8.11. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of Inteller (or its assets) will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy. 2.8.12. We may disclose your Personal Data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency (including in response to public authorities to meet national security or law enforcement requirements), or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect or defend our rights, interests or property or that of third parties, (c) prevent or investigate possible wrongdoing in connection with the Services, (d) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (e) protect against legal liability. 2.8.13. Other Purposes: If we intend to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time the Personal Data is processed. 2.8.14. Non-Personal Data: Since Non-Personal Data cannot be used to identify you, we may use such data in any way permitted by law. IF YOU HAVE A REASONABLE BASIS TO ASSUME OR YOU KNOW THAT ANY OF THE ABOVE MENTIONED IS NOT MET, YOU ARE REQUIRED TO PROMPTLY INFORM US, WITHOUT DELAY, BY SENDING US AN EMAIL TO: CONTACT@INTELFINDER.IO. 3. How we store information and transfer it 3.1. In order to provide our Services, manage and operate our business, we use third parties cloud services such as: 3.1.1. the Digital Ocean which comply with the GDPR and is ISO 27001:2013 certified (for Digital Ocean full statement see https://www.digitalocean.com/legal/gdpr/. We store some of Our Information, which may contain Personal Data, at Digital Ocean cloud services in New York (USA) and Amsterdam (Netherlands). 3.1.2. The Google’s G-suite services which are committed to GDPR compliance. (For Google’s full statement regarding compliance with applicable data protection laws see https://privacy.google.com/businesses/compliance/#!?modal_active=none. 3.2. Personal Data may be processed by third party service providers. We transfer to such providers only the minimum data that is necessary for conducting our services. The data is transferred only to suppliers approved by us that allow compliance with the GDPR. 3.3. Personal Data may be transferred stored and processed in countries outside the EU or European Economic Area (EEA). Such transfer to third countries may include countries that do ensure the same level of data protection laws as required by EU privacy laws. In such cases, we implement information security techniques and technical measures or third parties' contractual obligations to maintain such Personal Data at the same security level as other Personal Data that We administers. 3.4. We may transfer Personal data to Israel where we maintain our headquarters facilities. Israel is considered by the EU as having adequate data protection law. 4. Security of Personal Data 4.1. We are strongly committed to the protection of your Personal Data, and we will take commercially reasonable technical steps, of the sort commonly accepted in our industry, to keep your Personal Data secure and to protect it from loss, misuse or alteration. However, no network, server, database, Internet or e-mail transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you disclose. 4.2. If you notice a risk or any security violations, please report to us on contact@intelfinder.io , so that we can attempt to resolve it as soon as possible. 4.3. We recommend that you use, disclose and share your Personal Data with caution and don’t give out Personal Data unless it is necessary, as we cannot guarantee the security of data over the Internet and cannot control actions of other users of the Services with whom you choose to share Personal Data. 5. Access, updates, corrections, deletions, restrictions. Complaints with supervisory authority. 5.1. The owner of the Personal Data may have the right to request access to some of Their Personal Data being stored by You or by Us; They can also ask to correct, update or delete any inaccurate Personal Data that You or We process about them by the Services– all are subject to our policies and to applicable law and regulations. 5.2. The Services enable You to view, edit, or delete your assets online at your sole decision. We will not have any liability when using these functions and you hereby obligate to use them according the law and regulations. If you cannot access certain Personal Data by the Services, you can always contact us by email to: contact@intelfinder.io. We will respond to requests to access or delete your data within 30 days. 5.3. We may retain Your Personal Data for any period permitted or required under applicable laws. Even if You or We delete your Personal Data it may persist on backup or archival media for an additional period of time due to technical issues or for legal, tax or regulatory reasons or for legitimate and lawful business purposes (i.e. enforcing the TOU or this Privacy Policy). 5.4. The owner of the Personal Data may have the right to restriction of processing if one of the following apply: 5.4.1. The accuracy of the Personal Data is contested by them; 5.4.2. Unlawful processing has occurred, and They object to deletion of the Personal Data and requests restriction of its use instead; 5.4.3. You no longer need the Personal Data for the purposes of the original processing, but the data is required by You for the establishment, exercise or defense of legal claims; 5.4.4. The owner of the Personal Data has objected to processing pending verification whether the legitimate grounds of your service override theirs. If you wish to object to processing, please contact us at contact@intelfinder.io. 5.5. If you have the right to lodge complaints with supervisory authorities, we would appreciate your contacting us first in order to solve the issue for the benefit of all parties. Please contact us by email to contact@intelfinder.io. Our supervisory authority is the Israeli data protection authority. 6. General 6.1. This Privacy Policy applies only to Personal Data. 6.2. This Privacy Policy applies only to the Services. It does not apply to third party’s websites or services, even if they link to the Services. The existence of a link from a third party’s website or services does not imply that we endorse or have reviewed the third-party's websites or services. We suggest contacting such third parties directly for information on their privacy policies. 6.3. You provide Personal Data to us consensually either on a case by case basis or in a broader contractual context. 6.4. We will use your Personal Data in a manner that is consistent with this Privacy Policy and applicable law and regulations. 7. Changes in terms 7.1. The Products and our business and the regulatory environment in which they function may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. We reserve the right, at our sole discretion, to update or modify this Privacy Policy at any time. Modifications to this Privacy Policy will be posted to the Site with a change to the “Last updated” date at the top of this Privacy Policy. 7.2. Please review this Privacy Policy periodically, and especially before you provide any Personal Data or information. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services following the effectiveness of any modifications to this Privacy Policy constitutes acceptance of those modifications. If any modification to this Privacy Policy is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services. 8. Dispute Resolution. • If you have a complaint about Inteller’s privacy practices, please write to us at: contact@intelfinder.io. We will work with you to attempt to resolve your complaint. • The laws of the State of Israel govern this Privacy Policy. The competent courts in the district of Tel Aviv in Israel have exclusive jurisdiction regarding any dispute that may arise in connection with this Privacy Policy. IF YOU BELIEVE THAT INTELLER HAS NOT MET ANY OF THE PROVISIONS OF THIS PRIVACY POLICY, PLEASE INFORM US AS SOON AS POSSIBLE BY SENDING AN EMAIL TO: CONTACT@INTELFINDER.IO.