Last updated: April 7, 2022
Welcome to https://www.gloww.com (together with its sub-domains, Content and Marks (as defined below) the “Site”). These Terms constitute a binding legal agreement between you (“you”) and gloww Video Ltd. (“gloww”, “Gloww”, “we”, “our” or “us”) and govern (a) your access and use of the Site; and (b) your access and use of the Gloww software-as-a-service (SaaS), which is a live and interactive video platform intended to enable you to host meetings, webinars, etc. (“Platform”) (the Site together with the Platform shall be referred hereinafter as the “Services”).
If you are under 13 years of age, do not create an account or access our Services in any manner. Our Services are not intended for anyone under 13 years of age. If you believe someone under 13 years of age may have created an account on our Platform, please let us know by contacting us at [email protected].
If you are between 13 years of age and 18 years of age, then, if required by the regulations of the country of your residence, you may create an account only if you have permission from your parent or legal guardian to create an account and to agree to these Terms, and upon request you are able to provide proof of such permission.
If you do not agree to be bound by these Terms please do not access or use the Services.
1. Site Access
For such time as these Terms are in effect, we hereby grant you permission to access and visit the Site provided that you comply with these Terms and applicable law.
Gloww offers a variety of user accounts. Services, features, account types and pricing (if applicable) are subject to change. You acknowledge and agree: (i) to provide accurate and complete account and login information (where applicable) (e.g., full name and email); (ii) to keep all account login details and passwords secure at all times; (iii) to remain solely responsible and liable for the activity that occurs in connection with your account; and (iv) to promptly notify Gloww in writing if you become aware of any unauthorized access or use of your account or the Platform.
You represent and warrant that if you are entering into these Terms on behalf of your employer or other legal entity, that you have full authority to bind said employer or other legal entity to these Terms.
It is our policy to respect the legitimate rights of copyright and other intellectual property owners. If you believe that Gloww, or any user of the Services, has violated your rights, including privacy, copyright, trademark or other rights, please submit a report to the following email address: [email protected].
We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective 10 days following posting of the revised Terms via the Site or providing a notice to you, whichever occurs first. Your continued use of the Services thereafter means that you accept those changes.
6. Subscription to the Platform
Subject to your compliance with these Terms and in the terms of your Subscription, if and as applicable, Gloww hereby grants you, a non-exclusive, non-transferable, non-sublicensable, and revocable right to remotely access (including on a SaaS basis) the Platform during the Term (as defined below), solely for your internal purposes. “Subscription” means Gloww’s electronic form that you entered into, by clicking and/or execution, as applicable, for the provision of the Platform.
7. Subscription Fees
Your access to and use of the Platform is currently for free, but Gloww reserves the right to charge for any features or services, which may be subject to payment of the subscription fees and terms set forth in the applicable Subscription. Unless stated otherwise in a the Subscription (i) prior to the commencement of a renewal term specified in the Subscription, we reserve the right to charge for or change our subscription fees and you shall be informed of such changes via an email and/or a notification on the Platform prior to such changes; (ii) all fees are stated, and shall be paid, in US Dollars, are non-refundable and are exclusive of all taxes, levies, or duties, which are your responsibility.
8. Term and Termination.
The term of these Terms, including the Renewal Term(s), shall be in accordance with the terms set forth in the applicable Subscription. We may stop to provide the Platform to you at any time, including in the event that you breach these Terms. In case we cease to provide you with the Platform during your subscription not as a result of your breach of these Terms, your sole remedy and our sole liability to you, will be to provide you with a refund for any amount pre-paid for the remaining unused duration of the Platform. Upon termination or expiration of these Terms: (i) the license granted to you under these Terms shall expire, and you shall discontinue any further use and access thereof; and (ii) you shall immediately delete and dispose of all copies of the Content in your or your representatives’ possession or control.
9. Links and Third Party Components.
9.2. Third Party Components. The Platform may use or include third party open source software, files, libraries or components that may be distributed to you and are subject to third party open source license terms, which can be provided upon request. If there is a conflict between any open source license and these Terms, then the open source license terms shall prevail but solely in connection with the related third party open source software. Gloww makes no warranty or indemnity hereunder with respect to any third party open source software.
Gloww may assign its rights or obligations under these Terms. You may not assign or transfer your rights and obligations under these Terms without the prior written consent of Gloww.
11. Restrictions on Use
You must not, directly or indirectly: (i) sell, lease, sublicense or distribute any rights of use in the Platform or any part thereof, for any purpose; (ii) attempt to reverse engineer, decompile, or disassemble the Platform, or any part thereof; (iii) modify the Platform, or grant any other third party the right to do so; (iv) use any “open source” or “copyleft software” in a manner that would require us to disclose the source code of the Platform to any third party; (v) represent that you possess any proprietary interest in the Platform; (vi) take any action to contest our intellectual property rights or infringe them in any way; (vii) use the Platform for establishing a service that is competitive with the Platform; (ix) Use the Platform for any illegal or unauthorized purpose; or (ix) except as specifically permitted hereunder, use the name, trademarks, trade-names, and logos of Gloww.
12. Intellectual Property Rights
12.1. Gloww Content. The Services, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services which were created and/or provided by Gloww therein (the “Content”), the trademarks, service marks, and logos contained therein of Gloww (the “Marks”) and any improvements, customizations, modifications and derivative works thereof are and will remain the property of Gloww and/or its licensors. We reserve all rights not expressly granted in and to the Services, the Content, and the Marks. “Gloww”, the Gloww logo, and other marks are Marks of Gloww or its affiliates.
12.2. Feedback. It is anticipated that you may provide suggestions, comments or other feedback to Gloww regarding the Services (“Feedback”). Feedback will not create any confidentiality obligation for Gloww and shall be deemed the sole property of Gloww. You hereby waive any right to the Feedback, including but limited to, any right for royalties or any other consideration.
12.3. User Content. Without derogating from the above, you have all right, title and interest in your content, including, the text, documents, descriptions, products, software, graphics, photos, sounds, videos icons, screenshots and any other material that you decide to upload to the Platform (“User Content”). You hereby grant Gloww a non-exclusive license to access and use the User Content in order to provide the Services via the Platform hereunder. You further grant Gloww with full rights to use non-identifiable information resulting from the use of the Platform and any aggregated and analytics information derived from the User Content, but which does not enable identification of you or any individuals, for providing the Platform and its related services, for development, improving the Platform and for statistical purposes. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Gloww to use your User Content.
13. Use of Services
13.1. Responsibility for User Content. You shall be solely responsible for your User Content and the consequences of accessing, transmitting, temporary hosting such User Content via the Platform. As a host of a session (meeting, webinar, etc.) you may choose to record the session you are hosting. As such, you are responsible for compliance will all recording laws. Under no circumstances, Gloww will have warranty, indemnity or other obligations or liabilities with respect to any of the User Content that is transmitted or viewed while using the Platform.
13.2. Prohibited Use of Content. You agree that you will not display, publish or transmit a User Content that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
13.3. Spam. You agree not to, and will not, use the Services to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
13.4. Recording. By using the Services, you are giving Gloww consent to store recordings for any or all Gloww meetings or webinars that you join, if such recordings are stored in our systems and/or our cloud service providers.
14. Beta Services
Gloww may offer access to a Beta version services. Access to and use of Beta versions may be subject to additional agreements. Gloww makes no warranties and representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS-IS, may contain bugs, errors or other defects, and your use of a Beta version is at your sole risk.
You shall indemnify, defend, and hold harmless Gloww from and against all costs, damages, losses and expenses, including reasonable attorneys’ fees and other legal expenses, arising from a third-party claim, losses, expenses, damages, liabilities and costs, based on (i) your breach of any of its warranties and/or obligations under these Terms; (ii) your or the User Content’s misappropriation or otherwise violation of any third party rights or privacy rights of such third party.
16. Warranty Disclaimers
16.1. This section applies whether or not the Services provided via the Platform are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
16.2. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GLOWW DOES NOT WARRANT THAT THE, SERVICES, CONTENT AND THE REPORTS: (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL OPERATE ERROR-FREE, OR (iii) WILL BE ABLE TO FIND ALL WEAKNESSES, VULNERABILITIES OR OTHER SECURITY RELATED ISSUES IN YOUR APPLICATIONS. GLOWW EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, FITNESS FOR A PARTICULAR PURPOSE. GLOWW WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO PUBLIC NETWORKS OR YOUR HOSTING SERVICES.
16.3. GLOWW DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY REPORTS, INFORMATION, RESULTS OR SOLUTIONS THAT YOU OBTAIN THROUGH USE OF THE PLATFORM AND SERVICES (COLLECTIVELY, THE “REPORTS”), OR THAT THE REPORTS ARE COMPLETE OR ERROR-FREE.
17. Limitation of Liability
17.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GLOWW SHALL NOT BE LIABLE FOR 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 SERVICES, EVEN IF GLOWW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
17.2. WITHOUT DEROGATING FROM THE FOREGOING, IN NO EVENT SHALL GLOWW’S AGGREGATE LIABILITY TO YOU, FOR ALL DAMAGES AND LOSSES UNDER, ARISING OUT OF, OR RELATING TO, THESE TERMS AND/OR THE SERVICES, EXCEED THE GREATER OF: THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO GLOWW FOR THE SERVICE DURING THE TWELVE (12) MONTHS PERIOD PRIOR TO BRINGING THE CLAIM OR US$100.
Gloww reserves the right to discontinue or modify any aspect of the Platform at any time. These Terms and the relationship between you and Gloww shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Gloww. These Terms shall constitute the entire agreement between you and Gloww concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. This Section 186 (General) and Sections 3 (Privacy), 8 (Term and Termination), 10 (Assignment), 11 (Restrictions on Use), 12 (Intellectual Property Rights), 13.1 (Responsibility for User Content), 15 (Indemnity), 16 (Warranty Disclaimers),17 (Limitation of Liability) and 18 (General) shall survive termination of these Terms.
YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.