Terms of Service
Terms of Service

This Terms of Services Agreement (this “Agreement”) describes the terms and conditions on which Monetization Advanced Advertising Technologies Ltd. (“MAAT”) offers you access to the AdNgin website advertising optimization services provided by MAAT (“Services”).

BY USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD DISCONTINUE USE OF THE SERVICES IMMEDIATELY. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. MAAT MAY MODIFY THIS AGREEMENT FROM TIME TO TIME.

  1. SERVICES
  1. Registration
  2. Intellectual Property Rights
  3. Suspension and Termination

Unless otherwise terminated as set forth herein, this Agreement will remain in full force and effect while you use the Services. You may terminate this Agreement at any time by contacting us with your complete account information and explicit request to terminate, which emails are handled at MAAT’s convenience. MAAT may terminate or suspend your access to the Services or terminate this Agreement at any time, for any reason or no reason, with or without notice, and without any liability to you. Upon termination, all licenses and other rights granted to you under this Agreement will immediately cease. MAAT will not be liable to you or any third party for termination of this Agreement or any termination or suspension of your use of the Services. Notwithstanding the above, Sections 3, 5, 6, 7 and 8 will survive termination of this Agreement.

  1. Indemnification
  2. Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MAAT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. MAAT MAKES NO WARRANTY THAT THE SERVICES OR THE ADNGIN CONTENT WILL (1) MEET YOUR REQUIREMENTS, (2) BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR (3) NOT CAUSE ANY LATENCY OR PROCESSING DELAYS. MAAT IS UNDER NO OBLIGATION TO KEEP THE SITE UP AND RUNNING FOR ANY PERIOD OF TIME. MAAT MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICES, OR THE ADNGIN CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THE ADNGIN CONTENT. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MAAT OR THROUGH THE SERVICES OR THE ADNGIN CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. UNDER NO CIRCUMSTANCES WILL MAAT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR DEATH, OR LATENCY OR PROCESSING DELAY RESULTING FROM THE USE OF THE SERVICES OR THE ADNGIN CONTENT OR FROM THE CONDUCT OF YOU OR ANY USER OF THE SERVICES, WHETHER OFFLINE OR ONLINE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED A BASIS FOR ENABLING MAAT TO OFFER THE SERVICES TO YOU AT THEIR CURRENT CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL.

  1. LIMITATION OF LIABILITY

IN NO EVENT WILL MAAT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS EARNINGS, LOST PROFIT OR GOODWILL DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MAAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS FORMED A BASIS FOR ENABLING MAAT TO OFFER THE SERVICES TO YOU AT THEIR CURRENT CONDITIONS. THIS PARAGRAPH WILL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MAAT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

  1. Governing Law and Jurisdiction

This Agreement shall be exclusively governed by and construed under the laws of the State of Israel without giving effect to principles of conflicts of law. You and MAAT hereby consent to the exclusive jurisdiction and venue of the courts of Tel Aviv, Israel with respect to any dispute and action arising under or in relation to this Agreement. Notwithstanding the previous sentence, you agree that MAAT shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

  1. Miscellaneous

This Agreement constitutes the entire Agreement between the parties with respect to the use of the Services and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between MAAT and you. Any waiver by MAAT of any violation of any provision of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you and MAAT agree that the remainder of the Agreement will be fully enforceable as if the unenforceable part or provision never existed. You and MAAT agree that there are no third party beneficiaries of any promises, obligations or representations made by MAAT. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. MAAT may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Agreement. Nothing in this Agreement will constitute a partnership or joint venture between you and MAAT.

  1. Contacting us

If you have any questions regarding these Terms of Service or the Services, please contact us by e-mailing us at info@adngin.com.