"Visitor" – any person who surfs the Site or wishes to use Propel and is not
Use of Propel.
The use of Propel is subject to the provisions of this EULA and constitutes a binding agreement
between User and the Company.
By using Propel, any User acting on behalf of a Corporate Entity confirms his legal authority to
enter the EULA to use the Site and/or Propel on behalf of such Corporate Entity and his/her actions
shall bind the Corporate Entity.
In order to enter into this EULA, User must be a person (acting on his behalf or on behalf of a
Corporate Entity) at least 18 years of age and must be legally competent to enter an agreement. By
using the Site and/or Propel, any person younger than 18, or who does not have the competence to
enter an agreement, confirms that he/she had received his/her legal guardian's approval to enter the
EULA and to use Propel.
Inasmuch as a User is under the age of 18 and/or has no competence or Corporate Entity authority
to enter an agreement and had not received his legal guardian's approval – he/she may not use
the Site and/or Propel.
Users Only. The use of Propel may be available for use to Users only. Non-Users may not use Propel.
License. As long as a User complies with the terms of this EULA, the Company grants to such said User
a non-exclusive, non-transferable, limited and revocable license, subject to payment of a license fee, to
use Propel for the sole purpose of Propel Intended Use (as set forth herein) (the "Propel License").
In case of a Corporate Entity, the Propel License shall apply only to employees of such organization.
Subject to the terms of this EULA, Users may: (1) set up accounts for management of clients and
projects; (2) set up projects for each account; (3) assign tasks to employees under each project;
(4) send pitches to Contacts by e-mail and view whether such e-mails were opened or not, and
responded to or not (the "Intended Use" or "Services"); and (5) view analytics related
to pitching, performance and results.
The Company may add or remove Services from time to time, turn free Services into Services for a fee
and vice versa, all at its sole discretion.
Moreover, Propel may allow third parties to offer the Users various Services (subject to User’s
consent). The User is advised that Services provided by a third party are under the sole
responsibility of that third party, and the Company shall not be liable in any way whatsoever for
Users shall use the Services offered by Propel in good faith, according to law and subject to the
terms of the EULA.
Registration as a Condition to Use Propel
Registration to Propel is subject to User providing details upon registration, such as his/her first
name, last name, e-mail address, company name and position, and to payment of a subscription fee, as
set forth herein.
Upon registering to Propel, the User's identity may be verified by means of various processes and
User may be requested (upon registration or thereafter) to provide additional means of
identification, at the Company's sole discretion, in order to authenticate the User’s registration,
such as a valid social network account. The Company may also verify the User's e-mail address by
sending an electronic notification to the address provided by the User. Such notification may
contain information or a link to verify the User's identity as the owner of the e-mail address.
The subscription fee, the term of use of Propel (the "Term") and other terms and conditions of the
use of Propel shall be set forth in a quote to be provided to the User by the Company prior to
user's subscription (the "Quote"). Subject to the payment of the subscription fee to be set forth in
the Quote, the User’s registration to Propel shall be completed.
Unless otherwise set forth in the Quote, payment of any fee to the Company shall be made within 15
days following the issuance date of an Invoice or Pro-forma Invoice by the Company.
Payment of the subscription fee pursuant to the Quote shall be deemed an unconditioned agreement to
the Quote and the EULA, and the use of Propel shall be subject to said terms and conditions.
The User hereby acknowledges that User may not cancel the License before the end of the Term (as
defined below), and he may not receive a refund of the subscription fee, as detailed in the Quote
(as defined below), or of any other payment made by him in connection with the License
Notwithstanding the above, a User that is not satisfied with the Services may cancel the Propel
License prior to the end of the Term, and receive a refund of the subscription fee paid under the
Quote. Such cancellation shall be limited to a period of 30 days of the User's subscription date, as
set forth under the Quote (the "Cancellation Period"). Notice of the request for cancellation
of the Propel License and receipt of a refund must be sent to the Company in writing via email (as
detailed in Section 13 below), within the Cancellation Period.
Registration to Propel is personal. Users must keep their username and password confidential and not
allow others to make use of Propel under their username. Users are advised to use "strong" passwords
(passwords that combine upper and lower case letters, numbers and symbols). Should a User become
aware that his username was used by anyone else, he must immediately notify the Company about it and
proceed to change his/her password.
Users hereby agree and declare that they shall be solely responsible for any operation carried out
under their username.
The Company is entitled to cancel User's registration to Propel for any reason whatsoever, with no
obligation to provide reasoning to its decision, if the User breaches this Agreement or the Law or
if the Company suspects the User may be breaching this Agreement or the Law.
Upon the end of the Term, the User may receive an e-mail that will enable such user to extend the
Term, subject to signing a new Quote and payment of a relevant subscription fee. Otherwise, such
user shall not be able to use Propel as of the end of the Term.
Without derogating from anything in this EULA and applicable law (including the Israeli Computers Law,
1995), the following actions are forbidden with respect to Propel: (i) attempt any kind of interference,
harm, damage, overburden or disruption to the Site, Propel and/or the server on which the Site is stored or
any other server, computer or database connected to the Site and/or Propel; (ii) gain unauthorized access to
the Site and/or Propel; (iii) attack the Site and/or Propel in any manner, including without limitations by
a denial-of-service attack or a distributed denial-of-service attack; (iv) perform or attempt any reverse
engineering activities of Propel; (v) any activity that intends to record, learn or copy the activity of
Propel; (iv) perform any activity (including uploading any file, URL or code) intended to send malicious
information of any kind from Propel to the Company, any user, any third party and/or any server; or (iv) any
other misuse of Propel’s services and/or manipulation and/or alteration and/or interference with Propel’s
services, for any purpose.
Upload of Content.
Content to be uploaded to Propel may require certain characteristics as a condition to its upload,
as shall be described on Propel (such as: file sizes, files format etc.). Please see relevant
instructions on Propel with respect to uploading Content..
By uploading Content to Propel, the User declares that (i) the Content is compatible with the terms
of this EULA and does not breach any laws or third party rights; (ii) s/he has full rights,
authorizations and licenses required with respect to said content (including with regard to
Any Content uploaded by the User is at said User's sole responsibility, including any legal
implications concerning the upload and publication, sharing, distribution, broadcasting, etc., of
THE COMPANY SHALL NOT BEAR RESPONSIBILITY IN CONNECTION WITH ANY CONTENT UPLOADED BY THE
USERS, including any legal implications of such uploaded Content. Full responsibility lies
with the User who uploaded said Content.
The User is allowed to remove only Content he had uploaded, at all times.
The User is required to notify the Company immediately when he no longer holds all the rights and
authorizations required to upload the Content to Propel, and to remove such Content from Propel
Without derogating from anything in this EULA and for avoidance of doubt – SPAM IS NOT ALLOWED: (i)
User may not send marketing or promotional Content or any other Content that may be deemed as 'Spam'
(i.e. marketing, publication Content etc.) pursuant to any applicable law, unless if allowed
pursuant to relevant applicable law and at User's sole and exclusive responsibility; and (ii)
sending bulk untargeted e-mails via Propel is forbidden.
For the avoidance of doubt, the uploading of prohibited Content to Propel may result in sanctions by
the Company or any other third party, including without limitations immediate terminating
registration to Propel, fines and/or recourse to legal action.
Propel Intellectual Property
All intellectual property rights relating to the Site and Propel, including their name, trademarks
(whether registered or not) and copyright, shall be exclusively owned by the Company, including (and
without derogating from the generality of the foregoing): their design (including user experience
design), applications, and the software and computer code related thereto..
Without derogating from the generality of the foregoing, it is hereby clarified that no use,
duplication, distribution, creation of derivative content, display, broadcast, performance in public
and/or making available to the public of any intellectual property related to the Site and Propel is
allowed, without the prior written consent of the Company.
Users irrevocably agree to grant the Company a license for the use of Content uploaded to Propel as
follows: a worldwide, non-exclusive license, exempt of any obligation to pay royalties, transferable
(including granting of sublicenses) for internal anonymized research and development purposes only
(the “Purpose”), including without limitations improvements of Propel, Artificial Intelligence
learning and other services and/or products and/or platforms of the Company; performance of
analytics for the User, such as examination of performance of pitches created by the User; and
examination of actions and reactions of Contacts, including any activities required with that
respect, such as: to use, duplicate, distribute, create derivative content.
It is hereby clarified, that the Company shall use the Content uploaded by Users to Propel
only subject to Company’s confidentiality obligations set forth in Section 9.5 below.
Without derogating from the above, to the extent that the Term has not been extended, Content
uploaded to Propel by Users may be deleted by the Company at the end of the Term.
The Company undertakes to keep in confidence and not to disclose the Content uploaded to
Propel by Users ("Confidential Information") to any third party, including without
limitations to other users, and not to use the Confidential Information (except for the
Purpose set forth in Section 9.3). The Company may disclose Confidential Information, solely
for the Purpose, to its employees, service providers and consultants who signed similar
confidentiality undertakings as herein set forth.
Please note that the fact that a User is using Propel shall not be confidential and the
Company may publish the fact that you are a Company client.
Notwithstanding, Confidential Information shall not include information or matter
that (a) was in legitimate possession of the Company prior to disclosure hereunder;
(b) was independently developed by or for the Company without reference to or use of the
Confidential Information; (c) shall have appeared in any printed publication, registered
patent or published patent application or is otherwise in the public domain except if in the
public domain solely as a result of breach of this EULA by the Company; (d) shall have been
lawfully received by the Company from another person or entity, who, to the reasonable
knowledge of the Company, has no confidentiality obligation to the respective User; (e) is
approved in writing by the respective User for release by the Company; or (f) is required or
compelled by law to be disclosed, provided that the Company gives a reasonable prior notice
to the respective User to allow it to seek protective or other court orders (if possible)
and in any case the Company shall limit such disclosure to the minimum disclosure required
for compliance with such legal requirement.
Notwithstanding the above, in the future, the Company may change the privacy definitions
of Propel, among others – making the details of Contacts which were uploaded to Propel
by Users available for any other Users. It is hereby clarified that details of
Contacts which were uploaded to Propel prior to said change shall not be shared with other
Users without the User’s written agreement. However, a User will still be able to opt out of
sharing contacts, which will mean that the User will not be authorized to view Content
uploaded by other Users.
Publicity.The Company may issue or release any announcement, statement, press release or other
publicity or marketing materials stating that a User is a customer of the Company and using Propel, subject
to Company’s confidentiality obligations; and for that purpose use the User’s trademarks, service marks,
trade names, logos, symbols or brand names.
incorporated by reference to this EULA and shall be deemed part of this EULA.
Limitations and Disclaimers
By entering and using Propel, the User has agreed and approved that the use of Propel is enabled
to him on an 'As-Is' and 'As-Available' basis only, without any liability and
obligation on behalf of the Site, Propel and the Company, including with respect to any results
or achievement of any targets or milestones.
The Company is using efforts to provide accurate analytics to its users, however analytics to be
performed for the User may not be always fully accurate and correct. Analytics outcomes are provided
'AS-IS' without provision of a warranty of any kind, including without limitations any warranty for
computability to any particular purpose or accuracy.
Propel is intended to provide useful information, including sophisticated analytics, however users
should not rely on any material published on the Site and/or on Propel without verifying its
correctness and legality by himself, and in any case, said material does not constitute advice
and/or an opinion of any kind whatsoever by the Company.
With respect to content uploaded by the Company, Users may not create derivative content of any
kind, modify (including without limitations removing any trademarks), publicly display or perform,
unless explicitly authorized by the Company.
THE COMPANY, ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES AND ANYONE ELSE ACTING OF ITS BEHALF SHALL
NOT BE RESPONSIBLE FOR AND DIRECT AND/OR INDIRECT DAMAGE, WHETHER PECUNIARY OR NOT, OR DAMAGE TO
ANY PROPERTY RELATED TO PROPEL AND/OR WHICH DERIVES FROM PROPEL, NOR FOR ANY DIRECT AND/OR
INDIRECT DAMAGE CONCERNED WITH FAULTY FUNCTIONING OF PROPEL, including, and without
derogating from the abovementioned: problems of availability of Propel, , malfunctions in e-mails
and/or messages sent by Propel, etc. THE USER HEREBY WAIVES ANY CLAIM AND/OR DEMAND AGAINST THE
COMPANY, AS ABOVE SAID.
Without derogating from the provisions of any law, THE USER HEREBY UNDERTAKES TO INDEMNIFY AND
COMPENSATE THE COMPANY, ITS EMPLOYEES, DIRECTORS AND MANAGERS, SHAREHOLDERS OR ANYONE ELSE ON ITS
BEHALF, IN ANY EVENT IN WHICH THE USER SHOULD BREACH THE TERMS OF THIS EULA, AND/OR SHOULD ACT IN
CONNECTION WITH THE SITE, PROPEL, ITS SERVICES AND/OR ITS CONTENT IN ANY MANNER CONTRARY TO THE
PROVISIONS OF THE LAW AND/OR THIS EULA.
Indemnification set forth above shall cover any expense, payment, loss, loss of profit or any other
damage, direct or indirect, whether pecuniary or not, that will be suffered by the Company,
including to any of its employees, directors and managers, shareholders or anyone else on its
behalf, including legal expenses and attorney's fees.
Contacting the Company
The Company provides support for all matters regarding the Site and Propel through the "Contact us" page and
through the following email: firstname.lastname@example.org. Support is provided during the Company's normal business hours.
Assignment of rights
The Company is authorized to assign its own rights and obligations under this EULA to any third party,
without notifying the Users and without receiving their approval.
Modifications and Termination of Service
This EULA, the Site and Propel (including all aspects thereof, including and without derogating from
the generality of the foregoing: its availability, its interface, and its scope) may be modified,
replaced and adjusted, fully or in part, per the Company’s sole discretion.
The User hereby relinquishes any and all claim, argument and/or demand in relation to abovementioned
The Company is authorized to cease operating the Site and/or Propel, fully or in part, including
provision of any and all the Services on the Site and/or on Propel, and to cancel the EULA, in full
or in part, at any given time, without advance notice and/or obligation to motivate its decision.
Accordingly, User is advised to keep the EULA for future reference and comparison.
This EULA supersedes all agreements previously made between the parties relating to its subject matter.
There are no other understandings or agreements between them relating to such subject matter.
No delay or failure by the Company to exercise any right under this EULA, and no partial or single exercise
of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided
Limitation ANY CLAIM BY THE USER FOR ANY REASON OR GROUNDS AGAINST THE COMPANY, IS LIMITED TO ONE YEAR AS OF THE DAY
ON WHICH THE USER WILL HAVE BECOME AWARE OF IT FOR THE FIRST TIME. After this one-year period, the
User will be considered as having waived and relinquished all rights in connection with said claim. This
paragraph does not derogate from the validity and generality of liability limitation and waiver of various
rights included in this EULA.
Without derogating from the above, User's sole and exclusive remedy in the event of any breach of
obligations under this EULA by the Company shall be either a refund of the price paid by User to the
Company or repair or replacement of defective product/service, as shall be decided by the Company on
its sole discretion.
Governing law and jurisdiction
The law governing any and all disputes and/or interpretation concerning this EULA, the Site and Propel
is Israeli law only, without giving effect to any principles of conflict of law.
The exclusive jurisdiction shall be granted to the authorized court of law in the district of
Tel-Aviv – Jaffa, Israel, only.