Terms of
Service
This Agreement governs your access to and use of the Animo platform and services. By accessing or using the Service, you agree to be legally bound by these terms.
IMPORTANT: Please carefully review this Agreement before accepting. Your use of and access to the Service is subject to your compliance with and acceptance of these terms. The Animo Service is only available to individuals or entities legally eligible to be bound by these terms.
For questions regarding these terms, reach out to our team directly.
mail support@animo-tech.comUnder these Terms of Use, Animo LTD will provide the Service, and you may access and use the Service, subject to this Agreement. If you order the Service from Animo using an order form ("Order Form"), the Order Form may contain additional terms and conditions and information regarding the Service you are ordering.
By clicking "I Agree", accessing the Animo website, or utilising the Animo Service, you agree to be legally bound by these terms and all incorporated policies, Order Forms, and exhibits.
The Service
1.1 Description
The Service is a cloud-based Media Analysis solution designed to enable you to collect and manage data, including all other information data you make accessible to Animo ("Content").
1.2 Licence Grant
Animo grants you the right and permission to use the Service subject to a valid subscription, under the terms of the Order Form, or subject to free evaluation terms.
1.3 Permitted Users
Upon your subscription, Animo will grant you access to the Service, allowing you or Animo to add end-user accounts ("Permitted Users") and control certain features. Permitted Users' access is limited and personal, and you are responsible for their actions.
1.4 Availability
Animo makes reasonable efforts to maintain high Service availability but cannot guarantee uninterrupted or error-free operation. Animo schedules maintenance during off-peak hours.
Evaluation Period
If the Order Form includes the purchase of services, Animo will make the Service available on an evaluation basis until the earlier of: the end of the evaluation period, your purchase of a Service subscription, or termination by Animo.
Data Security
3.1 Safeguards
Animo will maintain reasonable safeguards to prevent unauthorised disclosure or access to Content, in accordance with industry standards. Animo will notify you of unauthorised access to Content but will not access, view, or process Content except as specified in this Agreement or Animo's Privacy Policy.
3.2 Data Processing Addendum
The terms of the Animo Data Processing Addendum ("DPA") are incorporated by reference and apply to the processing of personal information within your Content.
Your Undertakings
4.1 Responsibility
You assume full responsibility for your and Permitted Users' use of the Service, ensuring compliance with applicable laws. You warrant that you have obtained all rights in the Content to authorise Animo's actions as per the Agreement.
4.2 Prohibited Uses
You and your Permitted Users will not use the Service or Content for prohibited purposes, including offensive or illegal activities.
4.3 Restrictions
You and your Permitted Users will not misuse the Service, sublicense, modify, or attempt to reverse engineer it, among other restrictions.
4.4 Third-Party Services
When using the Service with third-party services, comply with their terms of service. Animo is not liable for termination resulting from your use of the Service.
4.5 No Competitive Use
Access or use of the Service for competitive purposes or by direct competitors of Animo is strictly prohibited.
Subscription Fees
5.1 Payment
In consideration for using the Service, you will pay Subscription Fees per the applicable Order Form. All Subscription Fees are non-cancelable and non-refundable unless expressly stated otherwise.
5.2 Taxes
Subscription Fees are exclusive of taxes, and you are responsible for any applicable taxes.
5.3 Fee Modifications
Animo reserves the right to modify Subscription Fees, effective upon the next renewal subscription term, with 30 days' notice.
Proprietary Rights & Your Feedback
6.1 Animo's Intellectual Property
All parts of the Service are protected by intellectual property laws. Except for your Content, all rights to the Service and derivatives are retained by Animo. Animo also retains rights to aggregated and anonymous data derived from your use.
6.2 Your Content
Animo makes no claim of ownership regarding your Content, third-party trademarks, or any mentioned publisher or publication on the Service.
6.3 Feedback
Feedback provided by you or Permitted Users regarding the Service is assigned to Animo without royalty obligations.
Links to Other Websites and Applications
The Service may contain links to third-party websites and applications. Animo has no control over these, does not endorse or confirm their content, and is not liable for any transactions or communication with them.
Warranties & Disclaimer
8.1 Authority
Each party represents that it has the authority to enter into this Agreement.
8.2 Service Performance
The Service, when used according to this Agreement, will perform as specified. Any defects will be addressed within 30 days' written notice.
8.3 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED, ANIMO DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.4 Evaluation Period
DURING AN EVALUATION PERIOD, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
Privacy and Other Policies
Use of the Service is subject to Animo's Privacy Policy and other policies posted on Animo's website. These policies are incorporated into this Agreement by reference.
Confidentiality
10.1 Definition
"Confidential Information" includes information provided by a party, subject to specified conditions. Each party agrees to maintain the confidentiality of the other's Confidential Information and to use it only for the purposes of this Agreement.
10.2 Security Measures
Each party will implement appropriate security measures and promptly notify the other of any known or suspected misuse or unauthorised disclosure of Confidential Information.
Term and Termination
11.1 Initial Term
The initial Subscription Term is as agreed in the Order Form.
11.2 Termination by Animo
Animo may terminate if you materially breach this Agreement and remain uncured for 30 days, or in the event of insolvency proceedings.
11.3 Effect of Termination
Upon termination, you will cease all use of the Service, and certain sections survive termination. In the event of termination by Animo without cause, Animo will refund any remaining prepaid Subscription Fees on a pro-rata basis.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY'S LIABILITY IS LIMITED, EXCLUDING LIABILITY FOR CONFIDENTIALITY BREACH, PAYMENT OBLIGATIONS, AND INDEMNIFICATION OBLIGATIONS.
Limitation of Claims
Any claim arising from this Agreement must be filed within two (2) years of the date the cause of action accrued, or be forever barred.
Indemnification
14.1 By Animo
Animo will indemnify you against claims that the Service, as provided, infringes or misappropriates any third-party intellectual property rights.
14.2 By You
You will indemnify Animo against claims related to your use of the Service, your Content, or breach of this Agreement, excluding Animo's own indemnification obligations.
14.3 Process
Notice of claims must be provided promptly, and both parties agree to cooperate reasonably in the defence of any such claim.
Federal Government End Use Provisions
The Service is provided for federal government end use according to applicable federal acquisition regulations and specified conditions. All use by or for the U.S. Government is subject to restrictions as set forth in this Agreement.
Copyright Protection - DMCA
16.1 DMCA Notifications
Animo respects copyright owners' rights. If you believe the Service infringes your copyrights, you may submit a DMCA notification to Animo's Designated Copyright Agent at support@animo-tech.com.
16.2 Response to Notices
Following receipt of a valid Notice, Animo will take appropriate action, which may include removal or disabling of access to the allegedly infringing content.
Governing Law and Exclusive Courts
This Agreement is governed by the laws of the State of Israel, without regard to its conflict of law provisions. The parties consent to exclusive jurisdiction in the courts of Tel Aviv, Israel for any disputes arising under this Agreement.
Force Majeure
Neither party shall be in breach of this Agreement for any delay or failure in performance resulting from causes beyond that party's reasonable control, including but not limited to acts of God, natural disasters, pandemics, or government actions.
Injunctive Relief
Irreparable injury resulting from unauthorised use of the Service, breach of confidentiality, or infringement of Animo's intellectual property rights may entitle Animo to seek equitable relief, including injunctions, without the requirement to post bond.
General
- 20.1 Entire Agreement. This Agreement, Order Form, Privacy Policy, and DPA constitute the entire agreement between the parties, superseding all prior agreements, representations, and understandings.
- 20.2 Independent Contractors. Parties are independent contractors. No partnership, agency, joint venture, or employment relationship is created by this Agreement.
- 20.3 Severability. If any provision is held contrary to law or unenforceable, the remaining provisions continue in full force and effect.
- 20.4 Section Headings. Section titles are for convenience only and shall not affect the interpretation of this Agreement.
- 20.5 Modifications and Waivers. Modifications or waivers require written consent of both parties. No waiver of any breach constitutes a continuing waiver.
- 20.6 Third-Party Beneficiaries. Animo's suppliers are intended beneficiaries of the limitations and disclaimers in this Agreement.
- 20.7 Assignment. This Agreement and rights hereunder may not be transferred or assigned by either party without prior written consent, except in the case of a merger, acquisition, or sale of all or substantially all of a party's business or assets.
If you have any questions or concerns regarding these Terms of Service, please contact our team. We're happy to clarify any provision before you commit.