Last updated: June 29, 2024
For the purposes of these Terms and Conditions:
Company (referred to as either “Blix”, "the Company", "We", "Us" or "Our" in this Agreement) refers to Blix ltd. of Tel Aviv, Israel.
Website refers to Blix, accessible from www.blix.ai
Service refers to the Blix web application, Website or other associated services.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that together with the order form document form the entire agreement between You and the Company regarding the use of the Service.
You (also referred as "the Customer") means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, 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 web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
The Service time period (the “Term”) is entered into effect as of the effective date according to the date which appears on your order form or from the date of Your first login to the Blix service and remains until the Customer has requested to unsubscribe from the service.
For subscription plans, at the end of the initial subscription term, all your Blix subscriptions will renew automatically for additional 12-month periods unless Blix or the Customer notifies the other in writing, at least 30 days prior to the end of the then-current subscription term, that it chooses not to renew.
Blix may terminate this Agreement if the Customer materially breached this Agreement and has not cured such breach within 30 days after receiving notice (if curable), without prejudice and in addition to any right or remedy that Blix may have under this Agreement or the applicable law.
Upon termination of the agreement, Blix will be entitled to revoke access to the Blix platform including all the data uploaded or analyzed as part of the Service and delete the Customers’ data after 30 days from the date of termination.
In consideration for the right to use the Service under the terms herein, the Customer shall pay fees according to the amount and payment terms under the applicable order form or the terms approved by You in an online subscription form (the “Fees”). Except to the extent otherwise expressly stated in this Agreement or in an order form, all obligations to pay Fees are non-cancelable and all payments are non-refundable.
Blix may bill the Customer by an invoice, in such case, unless otherwise specified in the order form, full payment for invoices issued in a given month is due 30 days after the date of the applicable invoice via wire transfer to Blix’s bank account. Unpaid amounts are subject to a finance charge of 2% per month on any outstanding balance, or the maximum amount permitted by applicable law, whichever is lower, plus all expenses of collection, and may result in immediate termination of access to the Services. The Customer will pay all Fees in US Dollars. If the Customer elects to make payment via credit card, additional fees may apply.
Customer’s Fees are exclusive of taxes, levies, duties or similar governmental assessments of any kind (excluding taxes based on Blix’s income, property and employees). You will be responsible for paying any and all such taxes.
In case of payments delayed that have not been cured within 30 days, Blix can decide to suspend all the Customer’s users access to the platform and deny access to the Customer’s data until payment is settled
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service during the 12 months preceding the applicable claim or 100 USD if You haven't purchased anything through the Service. The above limitations will apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between the parties.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states 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. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service;
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
All parts of the Service belong to Blix and are protected by copyrights, trademarks, service marks, patents or other proprietary rights, as a collective work or compilation, pursuant to laws and international conventions.
In the course of using the Service, the Customer or his Users may provide Blix with feedback and suggestions regarding the Service. You hereby assign to Blix ownership in all such feedback and suggestions and all rights therein, without any royalty or accounting obligations to you.
This Agreement shall be governed by and construed under the laws of the State of Israel, without giving effect to principles of conflict of laws. Any dispute arising under or in relation to this Agreement shall be resolved exclusively in the competent court for Tel Aviv-Jaffa district, and both Blix and the Customer hereby irrevocably submits to the exclusive jurisdiction of such court.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Blix and the Customer are independent contractors with respect to each other, and nothing in this Agreement will be construed as creating a partnership, agency, fiduciary or employment relationship or a joint venture between You and Blix.
Blix may use the Customer’s trademark, trade name, and logo to publicly identify the Customer as a customer of Blix. Blix will comply with any brand guidelines or standards that the Customer will provide from time to time. The Customer may opt out of this section at any time by emailing Blix at info@blix.ai.
By accepting the Terms and Conditions, You agree to receive periodical product updates and promotional emails from Blix. You can choose to unsubscribe from promotional emails at any time.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us by email at:
info@blix.ai
