Last Modified: June 14 2024
Welcome to the website operated by JM Planet (“JM Planet” “we” “us” or “our”). This page explains the terms by which you may use our website and related services (the “Site”). By accessing or using the Site or by clicking a button or checking a box marked “I Agree” (or something similar) you signify that you have read, understood, and agree to be bound by these Website Terms of Service (this “Agreement”) and acknowledge that you have read and understood our Privacy Policy whether or not you are a registered user of our Site. JM Planet reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Site (collectively the “Users”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION BEFORE USING THE SITE OR OTHERWISE INTERACTING WITH JM PLANET. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER AS WELL AS A CHOICE OF LAW AND VENUE PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS AND BEING SUBJECT TO ISRAEL LAW AND EXCLUSIVE ISRAEL VENUE.
- Our SiteThe Site provides information about the eCommerce, marketing, and SRM insights, recommendations, and analytics that JM Planet provides to businesses, as well as related functionality. If you are a current or prospective customer of JM Planet, you may also be required to execute a separate sales contract or similar agreement that contains customer-specific terms and conditions (“Customer Terms and Conditions”) including additional terms that apply to your purchase and use of our products and services other than the Site. To the extent any of the Customer Terms and Conditions differ or conflict with the terms of this Agreement, the terms in the Customer Terms and Conditions will prevail.
1.1. Eligibility This is a contract between you and JM Planet. You must read and agree to these terms before using our Site. If you do not agree, you may not use the Site. You may use the Site only if you can form a binding contract with JM Planet and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. Any use or access to the Site by anyone under 13 is strictly prohibited and in violation of this Agreement. The Site is not available to any Users previously removed from the Site by JM Planet.
1.2. Limited License Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site as permitted by the features of the Site. JM Planet reserves all rights not expressly granted herein in the Site and the JM Planet Content (as defined below). JM Planet may terminate this license at any time for any reason or no reason.
1.3. Site Rules You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing JM Planet’s content such as pricing, product or service information, and/or any other part of the Site in any medium, including without limitation by: (a) copying JM Planet content from the Site and disseminating it outside of the Site; (b) taking “screenshots” from the Site and disseminating those screenshots outside of the Site; or (c) engaging in any automated or non-automated “scraping” on the Site;
- Using any automated system including without limitation “robots,” “spiders,” “offline readers,” etc. to access the Site in a manner that sends more request messages to the JM Planet servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that JM Planet grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials);
- Transmitting spam, chain letters, or other unsolicited email;
- Attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Site;
- Taking any action that imposes or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Uploading invalid data, viruses, worms, or other software agents through the Site;
- Otherwise interfering with the proper working of the Site;
- Collecting or harvesting any personally identifiable information, including Users’ account names, from the Site;
- Renting, leasing, lending, selling, licensing, sublicensing, assigning, distributing, publishing, transferring, or otherwise making available the Site for your own commercial purposes;
- Reverse engineering, disassembling, decompiling, decoding, adapting, or otherwise attempting to derive or gain access to any software component of the Site in whole or in part;
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- Removing any proprietary notices from the Site or the JM Planet Content;
- Accessing any content on the Site through any technology or means other than those provided or authorized by the Site;
- Bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or
- Using the Site or the JM Planet Content in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights or other right of any person or that violates any applicable law.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights, and other intellectual property or proprietary rights as may now exist or hereafter come into existence and all applications therefor and registrations, renewals, and extensions thereof under the laws of any state, country, territory, or other jurisdiction.
1.4. Monitoring Notwithstanding anything to the contrary in this Agreement, JM Planet reserves the right to monitor and record how Users use the Site, including without limitation search terms they enter on the Site for JM Planet’s own purposes, including (a) to evaluate Users’ compliance with this Agreement and (b) to support and improve the Site and develop new products and services.
1.5. Changes to the Site We may, without prior notice, change the Site; stop providing the Site or features of the Site to you or to Users generally; or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
1.6. Site Location The Site is controlled and operated from facilities in Israel. JM Planet makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Israel and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by Israel or are a foreign person or entity blocked or denied by the Israel government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in Israel.
1.7. Support; Service Levels JM Planet will provide support and uptime for the Site in accordance with JM Planet’s then-current standard Support and Availability Policy set forth here.
1.8. Generative AI Subject to the following terms, conditions, limitations, and disclaimers, JM Planet may through the Site provide access to certain algorithms and tools that are trained on datasets and can generate text, images, video, sound, or other outputs in response to user-generated prompts (together “Generative AI”). By using any Generative AI on the Site and notwithstanding anything to the contrary, you agree and acknowledge that:
- Generative AI carries certain risks, including factually untrue outputs, biased outputs, data security vulnerabilities, IP infringement, privacy risks, and additional license terms;
- Generative AI is provided by third parties (“Providers”) and JM Planet is not responsible for the acts or omissions of any Providers;
- The user is fully responsible for the content generated using the Generative AI tools and ensures that the use of such content does not infringe on the intellectual property rights of third parties.
- There may be ongoing and unresolved legal disputes regarding Generative AI, including the right of Providers to ingest the data used to train the Generative AI;
- JM Planet provides access to Generative AI without any warranty of any kind and hereby disclaims all warranties, express or implied, regarding the Generative AI and your use thereof, including without limitation all warranties of merchantability, fitness for a particular purpose, and non-infringement;
- You agree not to use the Generative AI in any manner that infringes or violates the intellectual property rights or any other rights of anyone else;
- Your use of Generative AI is at your own risk, and by using the Generative AI, you agree to indemnify, hold harmless, and hereby release, acquit, and forever discharge JM Planet from and against any and all claims, occurrences, actions, causes of action (whether at law or in equity), debts, damages, demands, offsets, payments, royalties, costs, attorney fees, obligations of every kind and nature, rights, liabilities, charges, expenses, contracts, promises, or agreements, direct or indirect, any claims for contribution or indemnity, and any claims for incidental or consequential loss or damage, whether for loss of profit, loss of business, depletion of goodwill, or otherwise, or other claims for incidental or consequential compensation however caused regardless of the legal theory upon which they are based, whether known or unknown, claimed or suspected, fixed or contingent, now existing or arising at any time in the future, liquidated or unliquidated, arising out of or relating to your use of Generative AI (collectively “Claims”). The foregoing release: (a) is made on behalf of your respective successors, assigns, agents, employees, representatives, and affiliates; (b) shall be construed to release JM Planet’s affiliates and subsidiaries, predecessor and successor corporations or entities, and any and all of its past, present, and future investors, shareholders, officers, directors, employees, agents, representatives, attorneys, customers, partners, resellers, distributors, and any and all other persons, firms, corporations, or entities acting by, through, under, or in concert with each of them; and (c) includes, but is not limited to, any and all Claims or demands either Party has or may have against the other Party in contract, tort, breach of statutory duty, or any other statutory or common law cause of action.
1.9. Public Authority Requests Policy
- Review of Legality of Requests We review the legality of all requests for personal data from public authorities before any data is disclosed. This ensures that all such requests comply with applicable laws and regulations.
- Challenging Unlawful Requests We reserve the right to challenge requests for personal data from public authorities if they are considered unlawful. This may involve legal action to ensure the protection of our users’ data.
- Data Minimization Policy Our policy is to disclose only the minimum information necessary in response to requests from public authorities. We ensure that only the data strictly required by the request is shared.
- Documentation of Requests We document all requests for personal data from public authorities, including our responses and the legal reasoning involved. This documentation is maintained securely and used for compliance and audit purposes.
- Proprietary Rights
2.1. User Content Some areas of the Site may allow Users to submit, post, display, provide, or otherwise make available (together “Share”) content on the Site, such as profile information, cost data, spend data, shipping information, search query inputs, comments, questions, and other similar content and information. Any such content and information that a User Shares on the Site is referred to in this Agreement as “User Content.”
JM Planet creates derivatives of the User Content you Share with us for our own business purposes, including without limitation by aggregating data from multiple Users, creating graphic representations and other derivative works from User Content, maintaining, supporting, and improving our Site, training machine learning algorithms, and developing new product and service offerings. While such uses of User Content are key features of our business model, we also take measures to protect our Users’ privacy. JM Planet uses commercially reasonable efforts to ensure that any derivatives of User Content we use for our own business purposes cannot reasonably be used to identify the User that Shared such User Content with us.
By Sharing any User Content on or through the Site:
- You represent and warrant that you have obtained and are solely responsible for obtaining any and all Intellectual Property Rights necessary to Share such User Content with JM Planet.
- You have obtained and are solely responsible for obtaining all consents as may be required by law to Share any User Content relating to third parties.
- JM Planet may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- Your Sharing of the User Content with JM Planet complies with applicable laws.
- You represent and warrant that to the best of your knowledge all User Content that you Share with us is truthful, accurate, and complete.
- You hereby expressly grant JM Planet a royalty-free, sublicensable, transferable, perpetual, irrevocable, nonexclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Site and JM Planet’s (and its successors’ and affiliates’) business as described in this Agreement.
JM Planet takes no responsibility and assumes no liability for any User Content that you or any third party Shares on or through the Site. You shall be solely responsible for your User Content and the consequences of Sharing it on the Site, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that JM Planet shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
2.2. JM Planet Content Except as explicitly provided herein, the Site and all materials therein or transferred thereby, including without limitation derivative works that we generate from User Content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “JM Planet Content”) and all Intellectual Property Rights related thereto are the exclusive property of JM Planet and its licensors (including other Users who post User Content to the Site). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any JM Planet Content. Use of the JM Planet Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
2.3. Ideas You may choose to or we may invite you to Share comments or ideas about the Site, including without limitation about how to improve the Site or our products (“Ideas”). By Sharing any Ideas, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place JM Planet under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to you and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that by acceptance of your submission, JM Planet does not waive any rights to use similar or related ideas previously known to JM Planet or developed by its employees or obtained from sources other than you.
- JM Planet Products and Services
3.1. Customer Terms and Conditions If you elect to purchase or access our paid products and services, you may be required to agree to separate Customer Terms and Conditions that pertain to the specific product and services being purchased. Such separate Customer Terms and Conditions (if any) will have customer-specific provisions and will override any conflicting terms in this Agreement. Default subscription terms are on a month-to-month basis, subject to any overriding terms agreed upon in a separate writing.
3.2. Payment of Fees JM Planet’s standard fees are set forth at jmplanet.com/pricing (the “Pricing URL”) and are generally due in Israeli Shekel on a monthly or annual (as applicable) basis and are based on Customer gross revenue or other sales metrics. Such fees and rates are subject to change from time to time and will be posted to the Pricing URL. Your growth may also trigger different rates as set forth at the Pricing URL. JM Planet and you may agree to separate pricing and payment terms, which will be set out in a separate Customer Terms and Conditions or other writing between JM Planet and you, which separate terms shall override these default terms. All fees and other amounts payable by you are exclusive of taxes and similar assessments. Customer is responsible for all sales, use, and excise taxes and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by you hereunder. Fees are charged for a full month or year (as applicable) period and will continue to be due until you provide JM Planet with 30 days’ advance notice of termination or non-renewal. JM Planet may immediately terminate your access at any time, and no subscription fees will be due for the period after such termination.
3.3. Refunds JM Planet Plans (as further described at the Pricing URL) come with a 60-day money-back guarantee: If you don’t receive value from the JM Planet service within the first 60 days of using the service, just message us to request a refund. The guarantee set forth in this Section must be requested in writing prior to the end of the period set forth above. You may only use the guarantee once. If you attempt to message us and do not receive a reply, please follow up with us in writing.
- No Professional AdviceIf the Site provides professional information (for example, financial, tax, or legal), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Site or otherwise provided by JM Planet. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
- PrivacyWe take measures to protect your privacy. For more information about our privacy practices, please refer to our Privacy Policy.
- SecurityJM Planet takes measures regarding maintaining the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- Copyright InfringementOwners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (commonly referred to as the “DMCA”). If you believe that any User Content violates your copyright, please send a notice of copyright infringement to our designated agent (as set forth below) with the following information:
- A description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication as applicable);
- A description of where the material that you claim is infringing is located on our Site (including a URL and screenshot);
- Your address, telephone number, and email address so that we may get in contact with you;
- A statement by you that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law;
- A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature (which may be a scanned copy) of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.
- Designated Agent: Legal Department JM Planet Email address: [email protected] 123 Main Street Tel Aviv, Israel
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting written notification to our designated copyright agent identified above. It is the policy of JM Planet to terminate the user accounts of repeat infringers. - Third-Party Links and InformationThe Site may contain links to third-party materials that are not owned or controlled by JM Planet. JM Planet does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Site or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and JM Planet’s Privacy Notice do not apply to your use of such sites. You expressly relieve JM Planet from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods and any other terms (such as warranties), are solely between you and such advertisers.
You agree that JM Planet shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties or advertisers. - ReferralsJM Planet may from time to time offer rewards or incentives for referring others to the Services. For details of any current referral offers, please see our referral page at jmplanet.com/refer. The referring user (“Referrer”) may refer individuals or entities who are neither current customers of JM Planet nor registered users of the Services (“Referee”). A registered user is a person or entity that already has a current existing account with JM Planet. There may be limits to the number of referrals that Referrer can make and/or the cumulative rewards or incentives that the Referrer may receive through such special offer as set forth in the referral page. Referrer will receive an amount for each Referee sent by the Referrer that signs up for an account and enters into a customer agreement with JM Planet as set forth in the referral page. All Referees must be first-time recipients of the offer and multiple referrals to the same individual or entity will be disregarded. JM Planet reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at JM Planet’s reasonable discretion. If JM Planet determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, JM Planet reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by JM Planet to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions, and restrictions set forth on the Services or presented in connection with the special offer.
- IndemnityYou agree to defend, indemnify, and hold harmless JM Planet and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of confidentiality, privacy, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) User Content, including without limitation misleading, false, or inaccurate information; (vi) your negligence or willful misconduct; or (vii) any other party’s access and use of the Site with your unique username, password, or other appropriate security code.
- No WarrantyTHE SITE AND ALL ASSOCIATED SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE AND ALL ASSOCIATED SERVICES AND PRODUCTS ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL ASSOCIATED SERVICES AND PRODUCTS 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 NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JM PLANET OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, JM PLANET, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE JM PLANET CONTENT, INCLUDING WITHOUT LIMITATION JM PLANET CONTENT DERIVED FROM USER CONTENT, IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SITE AND ANY ASSOCIATED SERVICES AND PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE.
FURTHER, JM PLANET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED WEBSITE OR SERVICE, AND JM PLANET WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. - Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JM PLANET, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, 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 SITE OR ANY PRODUCT OR SERVICE PROVIDED BY JM PLANET. UNDER NO CIRCUMSTANCES WILL JM PLANET BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JM PLANET ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR AUTOMATED RULES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE AND ANY ASSOCIATED SERVICES AND PRODUCTS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL JM PLANET, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING $200.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JM PLANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. - Governing Law, Arbitration, and Class Action/Jury Trial Waiver
13.1. Governing Law This Agreement shall be governed by the internal laws of the State of Israel, excluding its conflict of laws principles. The Site is operated in Israel, and we do not intend to subject ourselves to the laws or jurisdiction of any state, country, or territory other than that of Israel. Any legal actions or proceedings related to the use of the Site must be brought in the state or federal courts located in Tel Aviv District, Israel, and you hereby consent to the jurisdiction and venue of such courts.
13.2. Arbitration Please read this section carefully as it requires arbitration of disputes and limits the manner in which you can seek relief. For any dispute with JM Planet, you agree to first contact us at [email protected] and attempt to resolve the dispute informally. In the unlikely event that JM Planet has not been able to resolve a dispute after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or relating to this Agreement through binding arbitration administered under Israeli law. The arbitration will be conducted in Tel Aviv District, Israel, unless you and JM Planet agree otherwise. If you use the Site for commercial purposes, you will be responsible for all arbitration fees. If you use the Site for personal purposes, the arbitration entity may require you to pay a fee to initiate your case unless a fee waiver is available. The arbitrator’s decision will include costs of arbitration, reasonable attorney’s fees, and other costs. You may bring claims in small claims court if they qualify, but you must still attempt to resolve them informally first.
13.3. Class Action/Jury Trial Waiver All claims must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. By entering into this agreement, you and JM Planet are each waiving the right to a trial by jury or to participate in a class action.
- General
14.1. Assignment This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by JM Planet without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
14.2. Notification Procedures and Changes to the Agreement JM Planet may provide notifications to you via email, written notice, or posting on our website as determined in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users. JM Planet may modify or update this Agreement from time to time, so you should review this page periodically. When we change the Agreement in a material manner, we will notify you that material changes have been made. Your continued use of the Site after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access the Site.
14.3. Entire Agreement/Severability This Agreement, together with any amendments and any additional agreements you may enter into with JM Planet in connection with the Site, shall constitute the entire agreement between you and JM Planet concerning the Site. If any provision of this Agreement is deemed invalid, the remaining provisions will continue in full force and effect.
14.4. No Waiver No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and JM Planet’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
14.5. Contact Please contact us at [email protected] with any questions regarding this Agreement.
- Additional Terms for Automated Services Product
15.1. Description JM Planet’s Automated Services product allows you to automate certain functionalities on third-party platforms by using our pre-existing rules or creating your own rules. When certain conditions are met, JM Planet executes predefined actions. To use the Automated Services product, you must provide access to your third-party accounts via an available API.
15.2. Responsibility You are responsible for all expenses and other budgetary issues associated with the Automated Services product and for ensuring that the rules and their execution are accurate and performing as expected. JM Planet’s pre-determined rules are not guarantees of success. Automation is imperfect, and any flaws could lead to unanticipated results.
15.3. Subject to Third Party Actions JM Planet’s Automated Services are subject to the actions of third parties and their terms. For example, changes in third-party platforms or their APIs can impact the performance of our services and the execution of automated rules.
15.4. Limitations JM Planet’s Automated Services product and associated services are subject to the terms of this Agreement, including sections 12 (No Warranty) and 13 (Limitation of Liability).