URLTrimmer Terms Of Service

Effective December 24, 2015

Welcome to Pikoya Ltd. ("URLT"). These terms and conditions ("Terms of Service") govern your access to and use of URLT's Basic Plan, Advanced Plan and Premium Plan URL trimmer services (collectively, the "Services") accessible via its website www.urltrimmer.com, plugins, or software applications. Please read these Terms of Services carefully to ensure that you understand each provision.

  1. ACCEPTANCE OF TERMS
    1. By registering for and/or using the Services in any manner, including but not limited to visiting, browsing and using the Services to shorten a uniform resource locator ("URL"), you signify that you have read, understood, and unconditionally agree to be bound by these Terms of Service and all other rules, policies and procedures that may be published from time to time by URLT, each of which is incorporated by reference and may be updated from time to time without notice to you
    2. Some of the Services may be subject to additional terms and conditions specified by URLT from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by reference.
  2. ELIGIBILITY
    1. Any use or access to the Services by anyone under 13 is strictly prohibited and in violation of these Terms of Services. By using the Services, you represent and warrant that you are at least 13 years of age. URLT may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
    2. These Services are offered only for your use, and not for the use or benefit of any third party. If you open an account on behalf of a company, organization or other entity, than (i) any reference to "you" in these Terms of Service shall include you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity's behalf.
  3. REGISTRATION
    1. Registering an Account. Every person who wishes to use the Services must register with URLT and create an account (the "Account"). To register, you must provide accurate and complete information, including email address. You are solely responsible for updating the accuracy of the email address associated with your Account.
    2. Opting out. URLT may use your email address to send you notices, including notices required by law and other messages, such as changes to features of the Services or special offers. If you do not want to receive email messages regarding such changes to the Services or special offers, you may opt out or change your preferences in your user profile setting. You should know that by opting out you may be prevented from receiving email messages regarding updates, improvements, or special offers.
  4. ACCOUNT SECURITY
    You are solely responsible for the activity that occurs on your Account, and for keeping your Account secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. You must notify us immediately of any breach of security or other unauthorized use of your Account. You are not permitted to use another person's account without permission. You should never publish, distribute or post the login information for your Account.
  5. URLT SERVICES
    1. Links. The Services allow you to shorten and track URLs using the URLT domain as the link. As long as you comply with these Terms of Service, you may use the Services for your personal, non-commercial purposes.
    2. Software Applications. As long as you comply with these Terms of Service, you may use those Services, for your personal, non-commercial purposes. You may not modify, re-distribute, or sell the software, nor may you decompile or attempt to extract the source code of that software.
    3. URLT's Pro/Paid Services. Certain aspects of the Services may be provided for a fee or other charge ("Paid Services"). For a description of our Paid Services see www.urltrimmer.com/pricing. See also the terms and conditions set forth in Section 7 herein (Fees; Billing).
  6. THIRD-PARTY SERVICES
    The Services may contain links to third-party websites, services or other events or activities that are not owned or controlled by URLT. URLT does not endorse or assume any responsibility for any such third-party sites, information, materials, products or services. When you access third party resources on the Internet, you do so at your own risk. You acknowledge that URLT is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. You expressly relieve URLT from any liability, direct or indirect, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such third-party website or resource.
  7. FEES; BILLING
    1. Billing/Invoices.
      1. If you elect to use any of our Paid Services, you agree to the pricing and payment terms presented, as may be amended or updated from time to time, by URLT. We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to URLT's pricing or payment terms shall become effective in the billing cycle following notice of such change to you.
      2. In order to use URLT's Paid Services you must have a valid PayPal account and provide us with your PayPal account information. If you are purchasing any of the Paid Services via an online purchase, you can choose to purchase a monthly subscription or request a different subscription term by contacting us at www.urltrimmer.com/contact_us. You must also authorize URLT to charge your PayPal account for the recurring subscription, subject to the terms and conditions set forth in the auto renewal terms below. In addition, you agree that URLT has permission to retain and/or share with financial institutions and payment processing firm your submitted payment information in order to process your purchase. Subscription to URLT's Paid Services are billed in advance on a monthly or yearly basis (as per the option you have chosen when you purchased the Paid Services). Depending on your location, the type of payment method used and where your payment method was issued, your transaction may be subject to applicable Israeli Value Added Tax and/or foreign exchange fees due to exchange rates. If the payment method you use with us, reaches its expiration date and you do not edit your payment method information or cancel or downgrade your Account, you authorize URLT to continue to billing your PayPal account and your remain responsible for any uncollected amounts.
      3. All information that you provide in connection with any purchase or transaction or other monetary transaction interaction with URLT must be accurate, complete and current.
    2. Authorization Forms. To the extent a shopping cart is issued to you for the purchase of any of URLT's Paid Services, you are agree to pay all fees as and pursuant to the timetable set forth in the shopping cart.
    3. Late Payment. If any amounts due hereunder are not received by us by the due date, then at URLT's discretion, such charges may accrue late interest at the maximum rate permitted by law, from the date such payment was due until the date on which payment is remitted. In addition, upon 10 days' written notice, URLT may suspend your access to the Paid Services and cancel all of the links previously provided to you, if it does not receive the amounts invoiced at the expiration of such period.
    4. Auto-renewal and Cancellation. URLT's Paid Services are offered on a subscription basis that renew automatically, depending on the option chosen by you when you purchased the Services. You agree that URLT may process payment through your PayPal account on each renewal term (based on the applicable billing cycle), on the calendar day corresponding to the first day you subscribed to a paid subscription or on the last day of the month in the event that your subscription began on a day that does not exist in any subsequent month. You may elect to cancel or downgrade your URLT's Paid Services Account by following the steps published at: Cancel or Downgrade.
    5. Taxes and Withholding. All applicable taxes are calculated based on the billing information you provide URLT at the time of purchase. You are responsible for paying all taxes associated with the subscription to the Services. If URLT has the legal obligation to pay or collect taxes for which you are responsible in connection with the purchase of the Services, the appropriate amount shall be invoiced to and paid by you, unless you provide URLT with a valid tax exemption certificate authorized by the appropriate taxing authority. Any and all payments by or on account of the compensation payable under these Terms of Service shall be made free and clear of and without deduction or withholding for any taxes.
    6. No Refunds. You may cancel your Account with URLT at any time; however, be advised that there are no refunds for cancellation. In the event that URLT suspends or terminates your Account or this agreement due to your breach of the terms herein, you understand and agree that you shall receive no refund or exchange for any unused time or data usage on a subscription, or subscription fees for any portion of the Services.
    7. Free Trial Period. Upon signing online for one of our Paid Services with a free initial trial period (the "Free Trial"), you will have to provide URLT with a valid PayPal account. If you do not cancel your account or downgrade it within [30] days after it was initially created, your PayPal account will automatically be billed on the first day after the Free Trial is over. If you cancel or downgrade your account prior to the expiration of the trial period, you will not be charged. The Free Trial option is available to first time users of our Paid Services.
  8. CONTENT
    1. Definition. For purpose of these Terms of Service, the term "Content" includes, without limitation, URLs, shortened URLs, curated URLs, bundled or packages of URLs, videos, audio clips, written posts and comments, information, data, text, photographs, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.
    2. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users, whether publicly posted or privately transmitted (collectively, "User Content"), is the sole responsibility of the user who originated it. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. When you delete your User Content, it will be removed from the Services. However, you understand that (i) certain User Content (e.g., previously shortened URLs will remain available, and (ii) any removed User Content may persist in backup copies for a reasonable period of time (but will not following removal be shared with others).
    3. URLT Content. The Services contain Content specifically provided by URLT or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
    4. Use License. Subject to the terms and conditions of these Terms of Service, URLT grants you non-exclusive, limited, non-transferrable, freely revocable, worldwide license to use the Content, solely for personal, non-commercial use as part of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use, without URLT's prior written permission, or the consent of the copyright holder identified in such Content's copyright notice, is expressly prohibited. URLT may terminate this license at any time and for any reason or for no reason.
    5. License Grants.
      1. License to URLT. By submitting User Content through the Services, you hereby do and shall grant URLT a worldwide, non-exclusive, royalty-free, fully-paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative worlds of, display, perform and otherwise fully exploit the User Content in connection with the Services and URLT's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds).
      2. License to Users. In addition, you hereby do and shall grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content.
      3. No Infringement. You represent and warrant that you have all rights to grant such licenses without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
    6. Availability of Content. URLT does not guarantee that any Content will be made available through the Services. URLT has no obligation to monitor the Services. URLT reserves the right to (i) remove, edit, or modify any Content in its sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if URLT is concerned that you may have violated these Terms of Service), or for no reason at all and (ii) remove or block any Content from the Services.
  9. CONTENT
    You are responsible for all of your activity in connection with the Services. You agree not to, and undertake not to permit any third party to, engage in any of the following activities:
    1. either (A) take any action or (B) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content (including User Content) on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual obligation; (ii) is unlawful, such as content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another's privacy or tortuous; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); (iv) contains software viruses or any other computer codes, files, or programs that are designated or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of URLT or any third party; (v) impersonates any person or entity, conducts fraud, or hide or attempt to hide your identity; (vi) includes anyone's identification documents or sensitive financial information; or (vii) is otherwise determined by URLT to be inappropriate at its sole discretion.
    2. (i) take any action that imposes or may impose (as determined by URLT in its sole discretion) an unreasonable or disproportionately large load on URLT's or its third-party providers' infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures URLT may use to prevent or restrict access to the Services; (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" to access the Services in a manner that sends more request messages to URLT's servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser or through the normal course of API consumption (at our discretion); (vi) harvest or scrape any Content from the Services; (vii) collect or harvest any personally identifiable information, including account names, from the Services; or (v) otherwise take any action in violation of URLT's guidelines and policies
    3. shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any aspect, feature or party of the Services, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative worlds of any part of the Services; or (iv) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
    4. You shall abide by all applicable local, state, national and international laws and regulations and are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you
    5. URLT reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy and applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support request; or (v) protect the rights, property or safety of URLT, its users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam prevention.
  10. TERMINATION
    1. URLT may terminate your access to all or any part of the Services at any time, without or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    2. If you violate the letter or spirit of these Terms of Service or abuse the Services, URLT reserves the right to terminate or suspend your Account at its sole discretion. URLT will notify you by email or at the next time you attempt to access your Account. You may also cancel or disable your Account at any time. For cancellation procedure, and for further assistance, see the instructions published at: Cancel or Downgrade
    3. Any provision of these Terms of Service which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of these Terms of Service.
  11. WARRANTY DISCLAIMERS
    1. You acknowledge that URLT has no control over or has any duty to take any action regarding, the identity of the users who gain access to the Services, what Content you access via the Services or its effects on you or your actions after you had viewed the Content.
    2. You release URLT from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing information that some people may find offensive or inappropriate. URLT makes no representations concerning any Content contained in or accessed through the Services, and it will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
    3. THE SERVICES AND CONTENT ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM URLT OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSELY STATED HEREIN. NEITHER URLT, NOR ANY OF ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS WARRANT THAT (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED, (III) THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; (IV) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
      SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU
    4. URLT makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Services or any website linked to the Services. URLT will not be liable for the privacy of e-mail addresses, registration and identification information, communications, confidential or trade secret information, or any other Content stored on URLT's equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.
  12. INDEMNIFICATION
    1. You agree to defend, indemnity, and hold harmless URLT, its affiliates and each of its and their respective employees, contractors, directors, suppliers and representatives from and against any and all claims, damages, obligations, losses, liabilities, and expenses (including reasonable attorney's fees) arising out of or related to: (i) your use or misuse of, or access to, the Services or Content transmitted or received by you; (ii) your violation of any of these Terms of Service; (iii) your violation of any third-party right, including any privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your Account that contains misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) any other party's access and use of the Services with your unique username, password or other appropriate security code.
    2. URLT reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with URLT in asserting any available defenses.
  13. LIMITATION OF LIABILITY
    1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL URLT, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL URLT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
    2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, URLT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSE, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VI) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL URLT, ITS AFFILIATES, AND ITS OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO URLT HEREUNDER OR $100, WHICHEVER IS GREATER.
    3. THE SERVICES ARE CONTROLLED AND OPERATED FROM FACILITIES IN ISRAEL AND THE UNITED STATES. URLT MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING ANY APPLICABLE LOCAL LAWS AND REGULATIONS.
  14. MISCELLANEOUS
    1. Assignment. These Terms of Service are personal to you, and are not assignable, transferrable or sublicensable by you except with URLT's prior written consent. URLT may assign, transfer or delegate any of its rights and obligations hereunder without consent.
    2. Amendment. URLT reserves the right to modify, supplement or replace any of terms of these Terms of Service, or change, suspend, or discontinue the Services (including, the availability of any feature, database, or content) at any time, upon (90) prior notification, by posting such notice or by sending you notice through the Services or by email. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Service will be deemed to represent your agreement with, and consent to be bound by, the new terms.
    3. Severability. Each provision of these Terms of Service is severable. If any provision is or becomes illegal, invalid, or unenforceable in any jurisdiction, the illegality, invalidity, or unenforceability of that provision will not affect he legality, validity, or enforceability of the remaining provisions of these Terms of Service or of that provision in any other jurisdiction.
    4. Governing Law and Jurisdiction. These Terms of Services shall be governed by and construed in accordance with the laws of the State of Israel, without regards to its conflict of law provisions. You agree that any dispute arising from or relating to the subject matter of these Terms of Service will be resolved by the competent courts in Tel-Aviv-Jaffa, Israel.
    5. Entire Agreement. The Terms of Service are the entire agreement between you and URLT with respect to the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and URLT, with respect to the Services.