Terms and Conditions

1.             Welcome to www.clixtell.com (hereinafter: “Site”) owned and operated by CLIXTELL LLC (hereinafter: “Clixtell”).

2.            Clixtell provides trough the Site a web-based services for measuring and improving the efficiency of online advertising campaigns and sales performance by validating the authenticity of users clicks on banners and calls made to phone numbers purchased through Clixtell or linked into Clixtell from another provider.

3.            The user is responsible for visiting and/or using the Site, subject to the provisions of the terms and conditions detailed below.

4.            Please carefully read the Terms and Conditions and contact us with any question in relation to the Terms and Conditions via email at support@clixtell.com.

5.            By using the Site and/or the services it offers, whether by browsing the Site or by accessing the Site in its entirety and/or in part, you confirm the acceptance of its Terms and Conditions. If you do not agree to the provisions of the Terms and Conditions, you are requested to not use the Site.

6.            You are not at liberty to accept the Terms and Conditions and use the Site if you are not eligible to enter into a binding legal agreement, among others, due to your age, or if using the Site is prohibited according to the laws applicable to you or for any other reason.

7.             The words “content” or “information”, include, among others, data, signs, concepts or instructions, software, video, audio, pictures, text, audio files, creative works, trademarks, service marks, trade names, patents and designs.

8.            The Site is free to periodically change the Terms and Conditions, without prior notice to users. The most updated version of the Terms and Conditions is that which binds users of the Site. The user is responsible for periodically rechecking the Site’s Terms and Conditions.

Intellectual Property and Copyrights

9.            The Site includes original content and information, the intellectual property rights of which the Clixtell is the owner of; Clixtell also has the permission required to use the other content and information included in it. Use of the Site does not grant the user any right to make use of the intellectual property of Clixtell and/or that of third parties.

10.          The user undertakes not to perform any action that infringes the Clixtell’s rights and/or that of third parties in the content and/or information appearing on the Site. In addition, it is prohibited to copy, reproduce, advertise, execute publicly, change, process, publish, reverse-engineer, create a derived work from, to lease, broadcast or publicly present the content and/or information presented on this Site.

11.           For the avoidance of doubt, the user is prohibited to copy and use, or allow others to use, via any other means, the content from the Site, including other websites, online publications, printed publications and so forth, for any purpose, whether commercial or noncommercial, that is not for private personal use.

12.          It is prohibited to operate, or allow to operate, any computer application or any other means, including web robot programs such as, among others, crawlers, for automatic searching, scanning, copying or retrieving of the content from the Site. This includes not using such means for creating a compilation, collection, or storage containing content from the Site.

Liability

13.          Clixtell, at its sole discretion, is free to temporarily or permanently discontinue the Site’s activity, carry out any change on the Site, including the services offered on the Site, in its software, its design, the Site’s browsing terms, and so forth.

14.          Use of the Site and its content is provided “as is” and the user shall have no claim against Clixtell as a result of the nature of the use and its quality.

15.          The user is solely responsible for all use of the Site, and the Site and/or its owners and/or its operators and/or the developers bear no responsibility for any damage of any kind whatsoever that could potentially be caused to the user of the Site as a result of using its content and/or information, including promotional and/or commercial information, nor for the consequences of their use, be it content originating from the Site or content originating from third parties.

16.          The Site is not responsible for any damage of any kind whatsoever that might be caused to the user of the Site as a result of malfunctions, viruses, Trojan horses and so forth, that might be delivered via the Site

17.           The Site is also free to block any user, without any prior notice, without any claim or demand as a result thereof.

18.          Should you become aware of information presented on the Site that in your opinion violates a right or law or causes any damage, please notify the Site of it immediately. The notification should be emailed to support@clixtell.com. The notification should include details of the complaint, your contact details, a declaration that said complaint is the truth, and any other detail relevant for inspecting the complaint and addressing it. The Site shall address the complaint at its discretion.

Accessing Links to Other Sites

19.          Insofar as the Site contains access to links leading to other sites (hereinafter: “Other Sites”), the Site is not responsible for the information and/or content on the Other Sites, including technical specifications, prices and advertisements, and/or services and/or products appearing on them. Placing such links to Other Sites does not constitute any recommendation and/or expression of an opinion and/or expression of support and/or endorsement of products and/or services appearing on these sites; the Site bears no responsibility of any kind whatsoever for what is stated on these Other Sites.

20.         Clixtell makes no guarantee that every link found on the Site will be functional and will lead the users to the active website. The Site is free to remove links included on the Site in the past, or to refrain from adding new links – at its sole discretion.

Using the Site

21.          The user undertakes to make no use on the Site that is not through the user interface provided by the Site and to make no attempt to infiltrate Clixtell‘s computer and/or the Site.

22.         The user undertakes not to act to obstruct or interfere with the services provided by the Site and to not perform any action against the law, including obstructing or interfering with the proper functioning of the computer or computer-ware, transferring misinformation, unlawfully breaching computer-ware and/or committing another offense, and/or breaching a program that might cause damage to a computer and/or to computer-ware, and/or any other act constituting an unlawful offense.

23.         The user shall bear sole responsibility for any claim and/or demand and/or expense and/or damage caused to the Site as a result of the user’s actions on the Site, including breaching the Site’s Terms and Conditions and/or violating the rights of third parties. The user agrees and undertakes to indemnify Clixtell, its owners and its management, for any claim and/or demand and/or expense and/or damage of any kind arising from a claim and/or demand directed against him by a third party following breach of a directive of the above provisions of the Term and Conditions by the user, and/or violation of any other right and/or law.

24.         The user agrees that the Site shall keep and make use of his computer details and/or any other detail about his conduct on the Site.

Call Recording

25.               Clixtell enable recording telephone calls made to phone numbers linked to user account.

26.               By recording a call, you acknowledge that you either authorize Clixtell to play a voice message advising the caller that the call is being recorded prior to the call; or make the necessary arrangements to ensure that the caller is provided with the necessary warning about the presence of any recordings made.

27.               Clixtell shall have no liability whatsoever in respect of any use made by you or on your behalf, of the recordings and its contents, and/or of any personal information.

Billing

28.         Clixtell Services may be automatically renewed on a periodically basis, and your credit card (or other payment method account) will be charged every month without further authorization from you.

29.         All fees are paid in advance and are not refundable.

30.         You are responsible to pay any taxes relating with the services given by the Site.

General

31.          Should a provision of the Terms and Conditions be determined unenforceable and/or invalid by a judicial instance, the provision shall be deemed as separate only to the extent required for it to be enforceable and valid. If the provision is anyhow considered invalid and/or unenforceable, the provision shall be deemed as having been removed from the Terms and Conditions and not as having made the remaining provisions of the Terms and Conditions invalid or unenforceable.

32.         Any conduct, waiver, omission to act and/or stay and/or delay of any party in exercising a right of the Site’s rights, according to the Terms and Conditions and/or the Privacy Protection Policy and/or the law, shall not be deemed as a waiver of any right or as an agreement to any violation or nonexistence of a provision of the Terms and Conditions and/or the Privacy Protection Policy, or as providing a postponement or an extension or a change, cancellation or addition of any provision whatsoever, unless done explicitly in writing.