Below are the terms and conditions for the use of the Propel platform.
Definitions. The following terms shall have the meanings stated next to them, unless the context otherwise requires or otherwise defined in this End User License Agreement (the “EULA”).
"Company" or "Licensor" – Z.M. Corporation Ltd.
"Contacts" – contact details of pitch targets, such as reporters.
"Content" – any content uploaded to Propel in any format or medium, including files/URLs, video clips, images and text, comments, any details of Contacts (as defined above). etc.
“Corporate Entity” - any organization formed to act as an independent entity to carry on business or other activities, including without limitations: company, corporation, trust, partnership etc.
"Propel" – the Company’s public relations CRM and analytics platform.
"User" – any visitor who registered to Propel through the Site.
"Site" – the Company’s site at the following address: www.propelmypr.com
"Visitor" – any person who surfs the Site or wishes to use Propel and is not registered.
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.
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 user younger than 18, or who does not have the competence to enter an agreement, confirms that he had received his legal guardian's approval to enter the EULA and to use Propel. 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. 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; and (4) send Contacts e-mails 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 these Services.
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.
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 he 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
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.
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.
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.
Contacts can opt out of appearing in the Propel media database by emailing email@example.com.
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.
Propel's use of information received from Google APIs (Gmail users only) will adhere to Google API Services User Data Policy, including the Limited Use requirements.
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.
3. 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.
4. 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 modifications.
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 herein.
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. . . . . . . . . . . . . .
8. 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.
Updated version as of July 8, 2020.