Terms of Use

 

1.     User’s Acknowledgment and Acceptance of Terms                           

Lucid Ventures Ltd. (referred to as “Native Lead,” “us” or “we”) provides the https://nativelead.io/ website (the “Site” or “Website”) and various related services, subject to compliance by you and/or your company (“you” or “your”) with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use“), and subject to any other written agreement between you and us. In addition, when using or purchasing particular Services (defined below) on this Site, you shall be subject to any posted guidelines or rules that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THIS SITE NOW. YOUR DISSATISFACTION REMEDY WITH THIS SITE, OR ANY SERVICES (DEFINED BELOW) AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THIS SITE AND/OR THOSE PARTICULAR SERVICES (DEFINED BELOW). YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of April 1, 2022. To the extent that any translated version of these Terms of Use conflicts with the English (US) version, the English (US) version controls.

We reserve the right to change these Terms of Use with or without notice to you from time to time. Your continued use of this Site after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

2.     Definitions

These will constitute definitions in these Terms of Use:

2.1. “Affiliate(s)” shall refer to entities controlled by, controlling, or under common control with Lucid Ventures Ltd., including our owners, parent companies, subsidiaries, affiliated companies, officers, directors, suppliers, partners, agents, sponsors, advertisers, and employees, and includes (without limitation) all parties involved in creating, producing, and/or delivering this app and/or its Services.

2.2. Basic Data” shall refer to information lawfully received by us from our Affiliates that includes information regarding potential Leads.

2.3. “Usershall refer to you and anyone who uses the Site. Use can include but is not limited to reading, browsing, or viewing content, ordering or use of Services, receiving information from us, making a payment, or transferring information.

2.4. Lead” shall refer to the contact information of a person that we believe matches the description of persons you are interested in acquaintance with.

2.5. Lead Report” shall refer to the report sent to you by us, with contact details and URL links to Lead information published in social networks (such as Linkedin, Facebook, or others).

2.6. Social Network Account” or “SNA” shall refer to the social network account that you authorized and empowered us and gave us your access information to review, read, write, and give orders on behalf of you.

2.7. Servicesshall refer to improving your ability to contact Leads through our use of your SNA and Basic Data.

3.     Description of Services on this Site – these sections will apply to the Services:

3.1. We make services available on this Site to users by periodically generating a Lead Report that includes potential Leads. Our unique Basic Data process will generate the Lead Report. As for your approval of the Lead Report, we may reach out and execute your order. The execution may be human or our bots.

3.2. We will use the SNA’s original services (such as inline messages) to reach out to new potential Leads each week, but not more than the maximum the SNA allows to its users. You will be able to review the outreach activity by reviewing your SNA.

3.3. The Lead Report will be sent to your e-mail and will include our default status of your response, our activity, or its response to each Lead’s activity. Note that Report Lead may contain several sheets of information.

3.4. We will appoint a User Manager who will be your point of contact with us during your Services period. If you believe that we should re-coordinate expectations regarding the potential Leads as per the Leads Report or have any questions, you should contact your User Manager.

3.5. We recommend that you promptly and personally contact each and any of the Leads that answer our outreach messages. Note that answering to Leads is not part of our Service. Moreover, Services does not include an obligation to store any of your data, Leads, or Leads Reports, even though we may do that per our Privacy Policy.

3.6. You authorize and empower us to operate your SNA on your behalf and by your sole responsibility. Using the Services, you approve that you made all needed legal checks by yourself to ensure that your authorization and empowering do not contradict any law or agreement. You approve that we did not give you any recommendation or consulting in this regard.

3.7. Fees for this Site use and services are set out in these Terms of Use and this Site. You are solely responsible for providing, at your own expense, all equipment necessary to use this Site and our services, including a computer and modem, mobile devices and mobile applications (including those necessary to send text, SMS, and MMS messages), and your own Internet access (including payment of telephone service fees associated with such access).

3.8. We reserve the sole right to either modify or discontinue any Services, including this Site, at any time with or without notice to you. We shall not be liable to you or any third party for any claims or damages arising from or relating to our exercise of such right. Modifications may include but are not limited to changes in the pricing structure and the addition or removal of fee-based services. Any new features that augment or enhance the then-current Services shall also be subject to these Terms of Use.

3.9. You understand and agree that temporary interruptions of this Site, including for scheduled maintenance or upgrades for emergency repairs or due to failure of telecommunications links or equipment, may occur. You further understand and agree that we have no control over third-party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control. We shall not be liable to you or any third party for any claims or damages arising from interruptions, delays, or disruptions.

3.10.  In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to labor pandemic, disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

3.11.  You understand and agree that this Site is provided “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” and that we assume no responsibility for the timeliness, deletion, delivery, misdelivery, storage, or failure to store any of your Registration Data (defined below).

4.     Registration Data and Privacy

4.1. To use the Services, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data“) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate. You will maintain and update us on this information as required to keep it current, complete, and accurate.

4.2. The information we obtain through your use of this Site, including your Registration Data, is subject to our Privacy Policy, specifically incorporated by reference into these Terms of Use.

4.3. You understand and agree that we reserve the sole right to grant Users limited access to and use the Site and our services. These Terms of Use also apply to Users that have limited access to the Site and our services.

5.     Conduct on Site

5.1. If you are under 18, you may not access or use the Services. We cannot verify a User’s age, but if the foregoing requirement is violated, we reserve the right to discontinue your access to and use of the Services with or without notice to you.

5.2. You agree to use the Services only for lawful purposes and not to commit a law breach in regard to your use of the Services. You are solely responsible for knowing and adhering to any agreements, laws, statutes, rules, and regulations of your use of the Services.

5.3. We neither endorse nor assume any liability for the content uploaded or submitted by you. We generally do not pre-screen, monitor, or edit the content uploaded by the User. However, we have the right at our sole discretion to block or remove any content that, in our judgment, does not comply with these TOU or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising from such removal of content.

5.4. Not all areas of this Site may be available to all. Users who violate systems or network security may incur criminal or civil liability.

5.5. We prohibit crawling, scraping, caching, or otherwise accessing any content on this Site via automated means, except as the result of standard search engines or technologies used by a search engine with our express consent.

5.6. You agree that we may terminate your access or use of the Site without prior notice to you for violating any of the above provisions and at our sole discretion. Also, you acknowledge that we will cooperate fully with investigations of systems or network security violations, including cooperating with law enforcement authorities to investigate suspected criminal violations.

6.     User’s Content and Information

6.1. All Content and Data you transmit to this Application will be subject to our Privacy Policy. While you retain rights to your content and Personal Information, you grant us and our Affiliates nonexclusive, perpetual, and worldwide right to use your content for the purposes described by these Terms of Use and our Privacy Policy, regardless of the form or medium (now known or not currently known) in which it is used. We will implement strict information security policies per our procedures and applicable law.

6.2. We will use your login access information to SNA (“SNA Access Information“) to perform the Services. You are solely responsible for the accuracy and our possible to log in to your SNA account while using your SNA Access Information. If your SNA Access Information or the login process to your SNA will be modified, your sole responsibility is to promptly notify us in writing.

6.3. Notwithstanding sections 6.5 and 6.6, your SNA Access Information will be treated as confidential information and will not use by us and our Affiliates for any purpose besides the performance of the Services. You grant us the right to share your SNA Access Information with our Affiliates.

6.4. You know and approve that we may be exposed to your information as detailed in your SNA, transition of information, and conversation between you and third parties during the Services.

6.5. Subject to our Privacy Policy, any Content or information that you transmit to this Site or us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and nonproprietary. While you retain all rights in such content and information, you grant us, our Affiliates, and our designated licensees a nonexclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such content or information for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

6.6. Please do not submit confidential or proprietary content or information to us unless we have mutually agreed in writing otherwise. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or another type of special relationship.

7.     Payment of Fees; Methods of Payment

7.1. Your use of the Services fees and other conditions, such as a periodic fee for the Services, will be published on the Site. Your use of the Services is conditioned by our satisfaction of your responsibilities to pay us our fee.

7.2. Purchases on the Site or Services can be made by credit card or any other payment method published on the Site from time to time, based on the payment details provided by the User at the time of purchase. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address, and telephone number, and to provide us with any changes in such information within 30 days of the change. If a User’s credit card company declines a purchase, we will notify the User via the User’s registered e-mail address.

7.3. Notwithstanding sections 6.5 and 6.6, we will take reasonable measures to secure your payment information, including SSL technology. We would not be liable for any damage or loss you sustain due to unauthorized access to payment details provided to us by any User unless our gross negligence caused such unauthorized access.

7.4. If you subscribe to a Service on this Site that requires payment of a fee, you agree to pay all fees associated with such Service. Recurring charges are billed in advance of Service. You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the Service. Suppose your credit card company refuses to pay the amount billed for the Service. In that case, you agree that we may, at our option, suspend or terminate your access and subscription to the Service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for the reinstatement of suspended or terminated accounts.

7.5. If we bring a claim against you to collect any balances due by you for your purchase of any Service, you agree to reimburse us for all expenses incurred by us, including attorneys’ fees and other legal expenses.

8.     Service Order Confirmations

8.1. Once the User orders a Service and the conditions for purchasing the first period of Service have been completed to our satisfaction, we will send an order confirmation. You will be entitled to use the Services for the first period.

8.2. As soon as the first period of services ends, we will recharge your credit card for the next period, and if the conditions for purchasing the next period of Service have been completed to our satisfaction, you will be entitled to use the Services for another period. This section 8.2 will continue for an unlimited number of times till the Termination of this Terms of Use.

8.3.   We will send you a receipt of each fee payment to your provided e-mail.

8.4. If you do not receive an Order Confirmation after submitting payment information, or if you experience Service interruption after submitting payment information, it is your responsibility to confirm with us whether or not your order has been placed. Only you may be aware of any problems during the ordering process. We shall not be liable to you or any third party for any claims or damages if you assume that an order was not placed because you failed to receive an Order Confirmation.

9.     E-mail Services

You approve us that In order to contact, we and our Affiliates may make e-mail messages, text messages, SMS messages, MMS messages, or other similar services available to Users, either directly or through a third-party provider.

10.  Cancellation and Refunds

10.1.  A User may not request to cancel the Services purchase to a current period. You may not get a refund for any reason.

10.2.  You may notify us by writing to our e-mail that you wish to stop your use of the Services, and if you have done so, the process described by section 8.2 will be stopped, you will not be recharged to another use period, and the Services will be stopped as soon as the current period ends.

10.3.  You agree that you will not attempt to evade, avoid or circumvent any refund prohibitions concerning ordered Services. You will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase Services. If you do so, you will be charged our expenses in handling this chargeback, and you grant us the right to recharge your credit card for such expenses.

11.  Intellectual Property

11.1.  By accepting these Terms of Use, you acknowledge and agree that all content that is not yours, presented to you by us, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws and is Our sole property and/or the Affiliates. You are permitted to use such content only for your observation. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying this Site without prior written permission from us.

11.2.  You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute content by this Site or send by us, including Lead Reports, in any form or without prior written permission. Any unauthorized use of the content appearing on this Site or sent by us may violate copyright, trademark, and other applicable laws and result in criminal or civil penalties.

11.3.  The “Native Lead” names and logos are our trademarks, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Native Lead, us, or our Affiliates. All page headers, custom graphics, button icons, and scripts on the Site are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

11.4.  We respect the intellectual property of others, and we ask you to do the same. If you believe that your or any other copyright, trademark, or other property rights have been infringed by content on this Site, you are requested to send us an e-mail notification immediately.

12.  Disclaimer of Warranties

12.1.  THIS SITE, INCLUDING ALL CONTENT AND SERVICES ON IT, IS PROVIDED, DISTRIBUTED, TRANSMITTED, AND MADE AVAILABLE ON AN “AS IS, ” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, THE WARRANTY OF NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

12.2.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THIS SITE, INCLUDING ALL CONTENT, SERVICES, LEADS, OR LEADS REPORT: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM MISTAKES, ERRORS, DEFECTS OR COMPUTER VIRUSES, (C) WILL BE EFFECTIVE, ACCURATE OR RELIABLE.

12.3.  This Site could include technical or other mistakes, inaccuracies, or typographical errors. We may make changes to the content and Services, including the prices and descriptions of any Services, without notice. The content and Services at this Site may be outdated, and we do not commit to updating such content and Services.

12.4.  THE USE OF THIS SITE, INCLUDING ALL CONTENT, SERVICES, LEADS, AND REPORT LEADS, IS DONE AT YOUR DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY EXPENSE, LOSS, DAMAGE, OR INJURY TO YOUR COMMERCIAL, BUSINESS, COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

13.  Limitation of Liability; Waiver

13.1.  IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY OTHER USER, OR THIRD PARTY FOR ANY DAMAGES, LOSSES, INJURIES OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY OR DEATH, OR ANY LOSS, DAMAGE, INJURY OR EXPENSE ARISING OUT OF OR RESULTING FROM THE LOSS OF USE, DATA, GOODWILL OR PROFITS), ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHERWISE), WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR INJURIES, OR EXPENSES, DIRECTLY OR INDEIRECTLY ARISING OUT OF OR RELATING TO (A) THE USE OF, THE INABILITY TO USE, THE PERFORMANCE OR THE NON-PERFORMANCE OF THE SERVICES OR THIS SITE, (B) YOUR ENGAGMENT OR RELATIONSHEEP WITH SNA; (C) ANY ENGAGMENT OR TRANSMITION WITH A LEAD OR THIRD-PARTY; (D) ANY ERRORS OR OMISSIONS IN THIS SITE’S OPERATION; (E) ANY DAMAGE TO YOUR OR ANY THIRD-PARTY’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH OR FROM ANY COMPUTER VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

13.2.  SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13.3.  YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY, IF ANY, FOR ANY CLAIM BY YOU FOR DAMAGES, LOSSES, INJURIES, OR EXPENSES DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THIS SITE OR OUR SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID TO US DURING THE 12 MONTHS BEFORE THE ACCRUAL OF ANY SUCH CLAIM.

13.4.  ANY CLAIM BROUGHT BY YOU AGAINST US OR OUR AFFILIATES MUST BE INSTITUTED WITHIN ONE YEAR AFTER THE CLAIM ACCRUES OR BE DEEMED FOREVER AND PERMANENTLY WAIVED AND BARRED.

14.  Indemnification

14.1.  Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from and against all claims for damages, losses, injuries, and/or expenses, including attorneys’ fees and costs, that directly or indirectly arise from or relate to any of the following (including as a result of your activities on this Site or those activities conducted on your behalf): (i) your actual or alleged use or misuse of this Site; (ii) your engagement with SNA; (iii) your actual or alleged breach of these Terms of Use; (iv) your actual or alleged violation of any third-party right, including any intellectual property right, publicity, confidentiality, property or privacy right; (v) your actual or alleged violation of any laws, rules, including all regulatory, administrative and legislative authorities; or (vi) any actual or alleged misrepresentation made by you.

14.2.  You will cooperate as fully required by us in defense of any claim. We reserve the right to assume the exclusive defense and control of any claim subject to indemnification by you. You will not settle any claim without our prior written consent.

15.  International Use

15.1.  Although this Site may be accessible worldwide, we make no representation that the Services are appropriate for use by you in locations outside Israel and accessing it from territories where it is illegal or prohibited. Those who choose to use the Services from locations other than Israel do so at their own risk and are responsible for compliance with local laws. Any offer for any Service is void where prohibited.

15.2.  We reserve the right to limit the Services to any person, geographic area, or jurisdiction and at our sole discretion.

16.  Termination of Use

16.1.  You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Services. Your termination may occur without notice, for any reason, including, without limitation, a breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating the Services and may be referred to appropriate law enforcement authorities.

16.2.  Upon termination or suspension of the Services, it will immediately cease. We shall not be liable to you or any third party for any claims or damages arising from or relating to any termination or suspension or any other actions taken by us in connection.

16.3.  Sections 2, 1021 of these Terms of Use and your liability for any unpaid fees shall survive any termination.

17.  Governing Law; Choice of Venue

17.1.  These Terms of Use and your relationship with us shall be governed by the laws of Israel, without regard to any law conflict principles. 

17.2.  You agree that all claims asserted by or against us arising out of or related to these Terms of Use shall solely be heard and determined in a court located in Tel Aviv, Israel.

18.  Notices

18.1.  All notices from you to us shall be in writing and shall be made via e-mail or postal mail. Notices to us must be sent to the attention of Customer Service at office@nativelead.io , if by e-mail, or at Rokach Blvd 101, Tel Aviv-Yafo, 6153101, Israel if by postal mail, return receipt requested.

18.2.  Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) five business days after the receiving date, if sent by postal mail, return receipt requested; or (3) on the delivery date if transmitted by e-mail.

19.  Entire Agreement

These Terms of Use and our Privacy Policy constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties. These Terms of Use may not be altered, supplemented, or amended by using any other document. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall prevail.

20.  Miscellaneous

20.1.  You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

20.2.  If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions of these Terms of Use shall remain in full force and effect. Neither the course of conduct between us and you nor trade practice will act to modify these Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

20.3.  Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision. No waiver of these Terms of Use will be deemed a further or continuing waiver of those Terms of Use or any other Terms of Use. 

20.4.  The headings contained in these Terms of Use are for convenience of reference only and shall not constitute a part hereof or define, limit or otherwise affect the meaning of any of the terms or provisions hereof.

21.  Contact Information

 

21.1.  Except as explicitly noted on this Site, the services available through this Site are offered by Lucid Ventures Ltd., an Israeli corporation. If you notice that any user is violating these Terms of Use, don’t hesitate to contact us at office@nativelead.io.

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