Banana Splash - Terms of Service

Terms of Service

These Terms of Service are a binding agreement between yourself, a natural citizen or an agent acting on behalf of a corporation, and Banana Splash Ltd. a limited liability Israeli corporation, whose principal place of business is 75 Rothschild blvd, Tel-Aviv, Israel.

While we acknowledge that reading long legal documents may be burdensome, we tried our best to make this as readable as possible. If there’s something you do not understand, let us know and we’ll explain.

In brief, these are the material issues under these terms:

First, Banana Splash is a service which provides you insights and optimization services for your website. You will receive a short snippet of code to insert into your website, and from that point, Banana Splash will provide you with tools for optimizing your revenues, sales leads, conversion and customization, on mobile devices.

Second, when using Banana Splash, you will be required to disclose some personal information, and your end-users will be required to do so as well. You will be required to add some lines to your website’s privacy policy to reflect that.

Third, the services are provided against a recurring fee. If you want to cancel our services, please read our termination policy.

Fourth, as we can’t control all the elements in the way, we will never be liable for any damage.

Please note that the headings and the other “plain English” text are not the binding part, and are for your convenience only.

Legal Text	In Plain English
1. Eligibility and Registration: The following article set forth Banana Splash’s eligibility and registration terms, which altogether are the preliminary requirements to enter into these Terms of Service. 1.1. Who Can Register? Banana Splash’s services can be used by either individual persons and by corporations who are the designated agents of such corporations. When opening an account on behalf of a corporation, you hereby state that you are duly authorized to enter into these terms and that you hold all the required prerequisites. If you operate a corporate account, you may open linked accounts for individuals in your corporation, who may have limited access. You are required to ensure that each of those individuals adhere to Banana Splash’s Terms of Service as well. 1.1.1. Adult: You are over 18 years of age, or if you are a corporation, the corporation is valid and allowed to enter into this Agreement. 1.1.2. Residence: You do not reside in any proscribed state. 1.1.3. Solvent: You are solvent and have not filed for bankruptcy, liquidation, debt arrangement or otherwise lost your ability into entering into agreements such as these terms. 1.1.4. Authorized: If you are acting on behalf of a corporation, then you are the authorized entity to enter into these terms and are acting on behalf of such corporation. 1.2. Registration Details: In order to register to Banana Splash’s services, you shall be required to provide Banana Splash with some personal information, such as your name and email address. The remaining information shall be filled out later. 1.3. Registration Process: After you provide Banana Splash with your information, you may be required to activate your account by clicking a link in your electronic mail. 1.4. One Account For One Client: It is Banana Splash’s policy to have one account per one individual person, and that you do not share your account with other. 1.5. Multiple Websites: You may operate Banana Splash on multiple websites, provided that you are their respective owner. 1.6. Passwords: Following your registration, you shall be required to replace the password that Banana Splash provided you. The password shall be hashed on Banana Splash’s server. 1.6.1. Sharing your login data: You are specifically prohibited from sharing your password with any third party. 1.6.2. Retaining your login data: Banana Splash highly discourages the use of password managers in order to retain your login information. 1.6.3. Notification: You are required to inform Banana Splash, immediately, upon any case where you believe that your account was breached and in any case you are in knowledge of any unauthorized use of any Banana Splash account. 1.6.4. Banana Splash’s Liability: Banana Splash shall not be liable in any case where you did not adhere to these security guidelines and shall not be able to assist you in any manner should you refrain from using Banana Splash’s best practices as published from time to time.	We need some personal information in order for you to register. Please choose a wise password and don’t give it out to anyone.
2. Services: The following services are provided by Banana Splash, where each of them shall be referred to as a “Service” and altogether they shall be referred to as “Services”.	These are the services we provide:
2.1. Customizable Interactive Layer: Banana Splash may provide you access to a web based apparatus for creating interactive layers for your website. You may create these interactive layers either from scratch, or based on Banana Splash’s templates. These layers may include a form which requests email addresses for subscription, click to call, coupons for shoppers; links to download the mobile app, a callback service, a video, a link or simply a welcome message. Banana Splash may add additional functions from time to time. When you add Banana Splash’s interactive layer, you do need to add a section to your privacy policy, stating that you use Banana Splash’s services.	A Customizable Website Interactive Layer, where users can perform some actions or request additional information.
2.2. Google Analytics Integration: Banana Splash shall automatically integrate its services, if possible, with your Google Analytics Account to provide you with better services.	We will integrate Google Analytics with our services for better performance.
2.3. Segmentation: Banana Splash may provide you with an apparatus to change the interactive layer according to different criterion, such as the traffic source, approximate geolocation, mobile device type, the time of day, and the page on the site.	We can allow you to segment your users and display different messages in different cases.
2.4. A/B Testing: Banana Splash may also provide you with an A/B Testing mechanism to test certain features of the interactive layer.	We provide A/B Testing services.
2.5. Watermark: The services shall be watermarked with Banana Splash’s logo. You may remove it at a certain cost.	We protect our brand with an on-line watermark, you can pay us to remove it.
3. Payments: For its services, Banana Splash shall be entitled to payments, as set in the payment schedule which appears on the Banana Splash website. The payments may be for “pay as you go” packages, or for monthly subscriptions.	The services may cost money.
3.1. Payments via credit card/paypal: Payments shall be made via credit card and/or paypal, and shall be monthly recurring. 3.2. Recurring Subscription: Unless stated otherwise, the payments shall be recurring for both the subscription model and the pay-as-you-go (which shall be billed again upon completion). 3.3. Invoicing: Following the payment, Banana Splash shall issue you an invoice.	We have a subscription model, which renews automatically.
3.4. Termination of Subscription: You may notify Banana Splash at any time that you wish to terminate your subscription. In such case, your subscription shall terminate at the end of the current billing cycle. 3.5. Early Termination: In case where you shall request early termination, then Banana Splash may, at its sole discretion, provide you with a partial refund for the unused amount, minus any discounts you received.	You can terminate the service at any time, we may refund you proportionally minus the discount you received for the terms.
4. License: In respect to the interactive layer which you created, Banana Splash hereby licenses you a temporary, royalty-free, limited, license to use and to integrate the interactive layer in your website. You may not reuse, distribute, create derivative works and/or otherwise publish the interactive layer.	We grant you a limited license to use our code in your website.
5. Content Policy: By either providing Banana Splash with visual, textual, audiovisual, or other material or by using Banana Splash’s Service to create content, You hereby accept Banana Splash Content Policy as set forth. You acknowledge that any violation of the User Generated Content Policy may cause termination of Your service, removal of your content and legal action by both Banana Splash and the person whose rights were infringed. 5.1. What is “Content”? For the purpose of this policy, the term Content shall refer to: (i) images and/or text and/or videos used in creating content through the service, as well as comments; (ii) images or videos retrieved from 3rd parties in such items; (iii) description, text and information processed through Service; (iv) submissions made through Service. 5.2. Guidelines: You hereby warrant that Your Content is not offensive and does not infringe the right of any 3rd party, including, but not only: 5.2.1. Intellectual Property Infringing: Your Content does not infringe any 3rd party copyright, design, patent, trademark, trade secrets or any other intellectual property rights. 5.2.2. Pornography: Your Content does not contain any text, image or depiction including nudity, profanity, sexual activity, sexual innuendos, sexually offensive or otherwise obscene. 5.2.3. Slanderous: Your Content does not slander, defame or otherwise harm the good name of others. 5.2.4. Hate Speech and Racism: Your Content does not include any hate speech or racist opinions, as well as does not incite others to violent acts against persons solely based on their inclusion in a specific group. 5.2.5. Scams: Your Content is not used to initiate or encourage any participation in a scam, market manipulation, pyramid scheme, alcoholics anonymous meetings, cults, phishing or otherwise any use which may be used to extract goods and/or money from others, including any virtual property. 5.3. License: You hereby warrant that you are the sole owner and proprietor of any content you distribute through the service.You hereby grant Banana Splash license to use your Content to provide other users with the Services. It does not mean that Banana Splash may publish it publicly, it means that Banana Splash can provide others, with the contents of your submission through the interactive layer. 5.4. Warranty: You hereby warrant that you are either the sole proprietor or a designated licensee of any content you post through the service and that no other party’s rights are infringed or violated by your use of the content and the Service. You moreover warrant that no legal claim, dispute or lawsuit was filed against you or threatened against you for publishing content through the Service. 5.5. Reporting Offensive or Infringing Content: you may flag any Content as offensive or infringing on any of your rights and allow Banana Splash’s moderators to review said contribution by pressing “report” or sending Banana Splash an email at [email protected]. You acknowledge that such report shall not impose liability on any contribution not removed and will not impose any other obligation on Banana Splash. 5.6. Moderation and Removal: Banana Splash may, at its sole discretion, remove any Content, delay the publication of any Content or amend any Content. You shall have no claim as to Banana Splash’ intervention in Content and shall hold Banana Splash harmless to any Content moderated, removed, or amended. 5.7. Moderation Process: When receiving a complaint, Banana Splash shall send the User whose Content you reported as offensive a message claiming that you reported such Content as offensive, without mentioning your personal details, but with your complaint. Banana Splash shall wait for up to 5 business days, and had such User not responded, it shall remove the Content. If such User responded, Banana Splash shall remove the Content in dispute in cases where the User failed to show that his Content is not offensive or infringing. Banana Splash shall have sole discretion in removing or moderating Content. Should the User request to leave content intact, Banana Splash shall supply you with the contact details of said user, so that you may pursue litigation against said user. By sending Banana Splash a notice according to this clause, you waive any claim against Banana Splash for any infringement of your rights by any user. 5.8. Emergency & DMCA Takedown Notices: Should you encounter any Content which you consider infringing on any of your rights,you may contact Banana Splash immediately via [email protected] at any time and request that such content be removed. Such request should be followed with the following documents: (1) a sworn affidavit, certified by an attorney, where you state you are the person who holds the rights to Content; (2) a warranty that you will indemnify User and Banana Splash for every false representation made in the affidavit; (3) sufficient evidence that Content infringes on any of your rights and that the User who posted the Content does not have any good defense.	You are solely liable for anything you post through the service. We have a DMCA policy and a policy for removing offensive content.
6. Indemnification: You hereby warrant and agree to hold Banana Splash harmless and to indemnify Banana Splash for any damage, loss, expense, legal expense or cost incurred as a result of (i) your use of the services in direct violation of these terms of service, including any false representation; OR (ii) any claim, complaint or notification filed maliciously or negligently against any Banana Splash or other Banana Splash user where no such claim had any legal standing. Such indemnification shall only apply if: (a) Banana Splash notifies you, in writing, promptly upon knowledge of such action; (b) Banana Splash allows you, at its own costs and expenses, to defend such claims; (c) Banana Splash shall not settle any such claim without your explicit consent. 7. Warranty: BANANA SPLASH DOES NOT WARRANT FOR SERVICE AND SUPPLIES IT ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE OF SERVICE IS AT YOUR OWN RISK AND UNDER YOUR LIABILITY. BANANA SPLASH MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS AND (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE AND (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE AND (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. 8. Liability: FOR NO CASE AND FOR NO REASON SHALL BANANA SPLASH BE HELD LIABLE FOR ANY DAMAGE, DIRECT OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PHYSICAL OR SPECIAL, TO YOU, ANY OTHER USER OR ANY 3RD PARTY DUE TO ITS MISPERFORMANCE OF DUTIES HEREIN. BANANA SPLASH PROVIDES THE SERVICE ON AN AS-IS BASIS AND SHALL NOT BE HELD LIABLE, TO THE EXTENT PERMITTED BY LAW, BY ANY CASE OF MISCONDUCT, NEGLIGENCE, GROSS NEGLIGENCE, MALICE OR ANY OTHER MEAN, TO ANY DAMAGES OR LOSS OF PROPERTY, VIRTUAL PROPERTY, REPUTATION AND BUSINESS REPUTATION, USER ACCOUNT INFORMATION INCLUDING LOGIN INFORMATION, LOSS OF PROFIT, LOSS OF GOOD NAME, ALL RESULTING FROM THE USE OR INABILITY TO USE BANANA SPLASH’S SERVICES. SOME JURISDICTIONS DO NOT ALLOW SUCH LIMITATION OF LIABILITY. IN SUCH CASE, THEN BANANA SPLASH’S LIABILITY SHALL BE LIMITED SOLELY TO THE SUMS PAID BY YOU TO BANANA SPLASH DURING THE 12 MONTHS PRIOR THE EVENT CAUSING THE DAMAGE.	Our Liability is strictly limited. We cannot be held liable for any use you make of our services
9. Contacting You: Banana Splash may occasionally contact you with promotional offers, newsletters, mails regarding actions in your accounts and other updates relating to the services. You may always opt-out of these.	We don’t spam, you might get some bacn.
10. Support: Banana Splash shall also provide you support through email. Such support shall be provided in Banana Splash’s regular business hours. Banana Splash’s support shall assist you in any service related question and shall also provide you with workthroughs in the service. In any case of service malfunction, Banana Splash’s support shall also attempt to resolve the malfunction in a timely manner.	We’ll do our best to provide you with support.
11. Amending these terms: Banana Splash may amend these terms from time to time, provided that you shall be informed by electronic mail upon such change. Such changes shall not come into effect until at least 14 days following the amendment and shall not have any retroactive effect on your rights.	We can update these terms by providing you a 14 day written notice.
12. Terminating Your Service: Banana Splash shall have the right to terminate your use of the Banana Splash Service or to terminate the Banana Splash Service at any time and by providing you, or the entirety of users, a 7 day prior notice. Notwithstanding, Banana Splash may terminate your use of the Banana Splash service at any time and without prior written notice in any case where it believes that you breached these terms and such breach may cause Banana Splash irreparable harm unless your account is terminated immediately. Upon termination of your account and/or service, you shall receive a partial refund, in consideration of the services that you did not use.	We can terminate your account if we have reason to believe you may cause us damage. We can also close the service.
13. Assignment: You may not assign any of your rights and/or obligations under these terms to any third party. Banana Splash may assign its rights and obligations under these terms, by providing you with a 30 day written notification.	If we get bought, we can assign this agreement to the buyer by 30 days notice. You can’t.
14. Governing Law, Jurisdiction: You hereby consent that all disputes between Banana Splash and yourself shall be exclusively settled by the competent courts of the Tel-Aviv district in Israel. The Israeli Law shall exclusively govern this Agreement. 15. No Class Action: You hereby agree and acknowledge that you may only bring claims against Banana Splash on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.	You can only sue us in Tel-Aviv, Israel, you can’t bring a class action lawsuit. We like the weather here.