Terms of Use

Last Updated: July 11, 2022

Welcome to Spikerz!

Please read these Terms of Use (the “Agreement” or the "Terms") carefully before using our services, as they constitute a legally binding agreement between you and Spikerz TECHNOLOGIES LTD., company no. 516459799, with offices at Hanehoshet 3, Tel Aviv, Israel ("Spikerz", the "Company”, “Our“, “Us” or “We“, respectively) and govern your use of our services, or websites available at: www.spikerz.com, https://portal.spikerz.com/ (collectively: the “Service”).

1. The Service

The Service we offer is a report with recommendations regarding the protection of digital assets that we create by reflecting insights based on your personal social media account and our AI based platform. In addition, we will monitor your social media account in order to examine potential hacking attempts or violations of the relevant social media terms of use and legal requirements, such as failure to provide notice when posting sponsored advertising, and we will make commercially reasonable efforts to send you alerts when we have a reason to believe, based on the information we have, that such potential threat or violation may occur. In addition, we will provide you with tools to check your content such as photos or videos and messages for threats or violations. We will also make commercially reasonable efforts to assist you to recover your social media account based on the information we have in case you will not be able to access your account and/or your account will be deleted for any reason. The Service is subject to a monthly payment as detailed below. More features might be added from time to time, either for an extra charge or as part of the service, all in accordance with these Terms and the plans described in our website (www.spikerz.com).

Please note that the Service does not include the implementation of the recommendations detailed in the report and/or their enforcement. The Service does not constitute legal advice in any manner and we cannot guarantee that we will be able to identify any or all potential violations as described above; as a result, we will not take any responsibility in case we will not be able to identify such potential violation. Any use you will make in the Service is under your sole responsibility. In addition, account recovery is subject to each social media operator’s policies, and we will not take any responsibility in case we will not be able to recover your social media account.

1. Upon your subscription to the Service, we will grant you access to the Service or certain parts of it. Users’ access to the Service is limited and personal, all as described under these Terms.

2. Our Service grants different benefits and added features to different payment plans. The Company saves it’s right to change the pricing plans as it sees fit without prior notice. Changes occur often, as seen on the Service and website (as seen on 1.1 above). If by any chance, you were promised to receive a specific benefit and then the plan was changed, please contact us at support@spikerz.com for help.

3. We use commercially reasonable efforts to maintain the highest Service availability. However, we cannot guarantee that the Service will operate in an uninterrupted or error-free manner. We perform Service maintenance and use commercially reasonable effort to avoid service interruptions and delays.

2. Limitation of the Service

1. The Service scans content based on the following:
2. Private users – we scan only photos and videos originated from posts.
3. Public users – we scan photos and videos originated from posts, stories and reels.
4. We limit the scans and alerts on videos, up to a 15MB or 5 minute long, the lesser of the two. You can ask to check a heavier or longer video by sending us the inquiry to support@spikerz.com and we will consider the request individually.
5. Refreshment of connection is due to platform obligations and changes, as described on section 5.
6. We may enforce limitations on usage of features on the platform to prevent misuse of the Service.

3. Payment Method and Payment Information; Termination

1. Upon payment of the monthly or yearly payment, you will be granted with access to the Service. In order to make the payment, you must be equipped with a current, valid, accepted Credit Card. We may update the accepted payment methods and the monthly or yearly payment rate from time to time. We use an external clearance company to facilitate the payment, which are made directly through the external clearance company’s webpage, where you will be asked to fill in the payment information directly. Payment information will not be saved by Us, except for confirmation of the amount paid. By completing the payment process you authorize us to charge the monthly payment, or our yearly payment upfront, according to the rates published on our website, as shall be amended at our sole discretion from time to time, continuously and monthly, on the first business day of each month, without limitation of time, unless terminated by you. If, for any reason, the monthly payment ceases, your access to the Service shall be denied. If you chose a yearly payment, you will be granted a 12-month access to the Service.

2. We reserve the right to refuse or cancel your payment at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service or other reasons. We reserve the right to refuse or cancel your payment if fraud or an unauthorized or illegal transaction is suspected. We reserve the right to update our rates from time to time.

3. A trial period may be applicable from time to time, meaning certain users will get access to the Service or part of the Service for a limited period of time. To use such trail period, the user must register to Us and provide a Credit Card as stated in 3.1. After this time frame, which stated on the website and might change from time to time, you will be charged for the type of plan and on the monthly or yearly options you chose. If you chose to terminate the payment prior to the end of the period of time stated in the website at the moment of registration, you will not be charged for the Service, but you will not be eligible to use the Service no longer, and any benefits or sub-services related to that.

4. We use a 3rd party company, PayPro Global Inc, as a payment collector and processor. In order to review their data and privacy protection compliance, please visit https://payproglobal.com/compliance-data-privacy/.

5. You may terminate the monthly payment and your access to the Service by notifying us at support@spikerz.com. Such termination will take affect seven (7) business days after notifying us. A yearly payment is only eligible for a refund up to 14 days from the purchase date to EU and UK citizens only. A refund request for a yearly plan after 14 days from purchase date, is not eligible for a refund. No refund will be made for a monthly payment already charged.

6. Discount codes or referral links will be used from time to time by us or our partners to give discount for users. We do not permit the use of more than one discount method, meaning you can’t get double or more discounts for the same user on the Service.

4. Your Use of the Service

1. The Service may only be used in compliance with all applicable laws and for legitimate purposes. Following your subscription, you may use the Service only for your own non-commercial purposes and for no other purpose.

2. Specifically, it is forbidden to:

3. Use the Service for any unlawful or improper purpose.

4. Use the Service for any defamatory, offensive, obscene or otherwise objectionable purpose.

5. Use the Service in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights;

6. Use the Service in a manner that is misrepresentative or misleading as to your identity or which in any way suggests that you are sponsored, affiliated or connected with Spikerz.

7. Use the Service in any manner which may damage Spikerz or its reputation.

8. Disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via the Service.

9. Use or interfere with the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

10. Copy, distribute, communicate to the public, sell, rent, lend or otherwise use the Service, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the Service.

11. Introduce onto, or transmit via, the Service any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorization key, license control utility or software lock;

12. Remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the Service or pass off or attempt to pass off the Service as the product of anyone other than Spikerz;

13. Use any automated computer program or application to scan, copy, index, sort or otherwise exploit Service.

14. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Agreement, which may result in immediate termination of your account on our Service. You acknowledge that any personally identifiable information which you submit to our Service may be used aggregately for statistical purposes. You shall be responsible for keeping your password and log-in details secure and confidential. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know as soon as possible.

5. Connection Refreshment

1. From time to time, due to connection restrictions of the social media platforms, you will need to refresh your connection to Spikerz. Once needed, you will be informed via email and SMS directly and also via popup on the site or platform itself.

2. This refreshment is necessary to be able to receive the Service. You won’t be able to receive the Service and it’s benefits until you refresh the connection successfully.

3. The sole responsibility to refresh the connection will be on the User, failing to do so will result in inaccessibility to the Service, while no refund will occur whatsoever due to misconduct or failing to comply with the refreshment.

6. Additional services

2. We may add, from time to time, additional services or features to our Service, some of which, will be for extra charge as mentioned herein. Any extra charge will be added to the monthly payment already purchased or as a yearly payment.

2. Content Checker- we offer a pre-posted content checker that assess the risk of a specific content to cause a suspension or account blocking. Use of this feature is in the sole responsibility of the user, is only a recommendation and we do not take responsibility for the use or misuse of this feature. In addition, we limit the scan of videos to a 15MB per video.

3. Phishing Detector- we offer a phishing or scam attempts detector in messages, such as SMS or social media DMs (direct messages). Use of this feature is in the sole responsibility of the user, is only a recommendation and we do not take responsibility for the use or misuse of this feature.

4. Restoration Chatbot- we offer a restoration and issue solving personal helper. The chatbot doesn’t guarantee the restoration or any issue being fixed. Use of this feature is in the sole responsibility of the user, is only a recommendation and we do not take responsibility for the use or misuse of this feature.

5. Leaked password locator – we constantly check the dark web for leaked databases that contains customers’ credentials. We show our customers the leaked passwords we found for better personal visibility. We do not use, in any manner, these passwords and we do not share it with anyone. If you find this feature invasive or that you want us to delete the passwords from our system, please reach out to support@spikerz.com with your request.

6. Backup- we offer an extensive backup option for social media accounts. The backup is not part of any plan, but it is available for an extra charge, as mentioned in our Service, under section “Backup” in each account’s personal dashboard.

7. The backup is limited per social media account and to photos and videos originated in posts only, and for public accounts, it is also for photos and videos originated in stories and reels. Your request to download your backup is limited to one (1) request for every fourteen (14) days. You can choose to pay by a monthly or yearly payment, as seen in our Service.

8. There can be a limitation of storage of up to 10GB, prior to the limitation, we will send an alert or email for further instructions, either to expand the storage for backup for addition cost, or to limit the storage.

9. You may terminate the monthly payment and your access to the Backup by notifying us at support@spikerz.com. Such termination will take affect seven (7) business days after notifying us. A yearly payment is only eligible for a refund up to 14 days from the purchase date, to EU and UK citizens only. A refund request after 14 days from purchase date, is not eligible for a refund. No refund will be made for a monthly payment already charged.

7. Property Rights and Third Party Content

1. Our Service may include processing and presenting publicly available content that is not owned or controlled by Spikerz, including, among others, content which is presented "as-is", derivatives and aggregated analysis of such content (collectively, "Third Party Content"). You agree that we are not responsible for any such Third Party Content, nor are we liable for any losses or damages arising from such content.

2. Spikerz does not warrant that the information available on our Service is complete, reliable, accurate, has no errors, or is up to date. We have the right to edit and change some or all the content, in our own sole judgment, without prior notice. Your use of the Service and its available content, or any part thereof, is made solely at your own risk and responsibility.

3. You acknowledge and agree that your use of Third Party Content is subject to the terms of use, privacy policies, practices, licenses and any other binding documents of the holders of the rights to the Third Party Content; Spikerz shall not be responsible or liable, directly or indirectly, for any breach, damage or losses incurred by any third party, arising from your use of Third Party Content through the Service.

4. We are not responsible for, and we disclaim any warranties regarding, accuracy, appropriateness, usefulness, safety to any Third Party content, including, but not limited to links, text, data, images, videos, testimonials, advertisements, statements, advice, rating, content, services, products, offers, affiliate links or web pages.

5. The Service may utilize or include third party software that is subject to open source and third party license terms ("Third Party Software"). You acknowledge and agree that your right to use such Third Party Software as part of the Service is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of these Terms and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to your use of the relevant Third Party Software. In no event, shall the Service or components thereof be deemed to be "open source" or "publically available" software.

6. Other than as set forth above, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets, format, directories, queries, algorithms, structure and organization and rights of confidence in Service (collectively, the "Intellectual Property Rights") are owned by or licensed to Spikerz. By using the Service, you will not acquire any right, title or interest in or to the Service or in or to the Intellectual Property Rights except for the limited license to use the Service granted to you pursuant to these Terms. You further acknowledge that you have no right to have access to any aspect of the Service in source-code form.

8. Your Information

1. You hereby grant us a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to use, reproduce both electronically and otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from any and all content (included string and preferences) uploaded by you to the Service (excluding personally identifiable information) including for the purposes of advertising and marketing the Service;

2. To the extent that you provide us with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby assign ownership of all intellectual property rights subsisting in the Feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion.

3. By providing us with personally identifiable data ("Personal Data"), you hereby warrant and represent that: (i) you have the legal right to provide us such Personal Data; (ii) the Personal Data is complete, accurate and up to date. Please note that by using our Service you hereby provide your informed consent to the collection, process and use of your Personal Data by Spikerz, all, for the purposes and the terms set forth in our privacy policy available at: https://portal.spikerz.com/privacy-policy.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS OFFICERS, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR AMY DAMAGEGES, INCLUDING ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE AND ANY THIRD PARTY CONTENT, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IT IS HEREBY CLARIFIED THAT THE COMPANY SHALL HAVE NO LIABILITY (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) TO COMPENSATE YOU FOR ANY DAMAGE OCCURRED TO YOU BY USING THE SEVICE.

10. Indemnity

You shall indemnify, defend and hold harmless Company and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: Your (i) access to or use of the Service or Third Party Content; (ii) breach of these Terms; (iii) violation of law; (iv) negligence or willful misconduct; or (v) violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.

11. Termination

1. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

2. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, please notify us at: support@spikerz.com.

3. All provisions of the Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Governing Law & Exclusive Jurisdiction

1. These Terms shall be governed and construed in accordance with the laws of the state of Israel, without regard to its conflict of law provisions.

2. The courts of Tel Aviv – Jaffa district shall have exclusive jurisdiction in all disputes and proceedings arising from these Terms and the Use of the Service.

13. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

14. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

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, please do not use the Service.

If you have any questions about these Terms, please contact us at support@spikerz.com