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General Terms and Conditions

Menaya Inc.
These Terms of Use apply when you register as a member or use the Website of Menaya.inc a company incorporated and registered in Delaware, United States (“Menaya”).

Carefully Read The Following Terms Of USE.

BY USING THE WEBSITE www.menaya.com/fr/co/io
– AND/OR THE ELECTRONIC SERVICES OFFERED BY MENAYA VIA THE WEBSITES (THE “SERVICE(S)”),

-BY ELECTRONICALLY ACCEPTING BY CLICKING AN “I ACCEPT” BUTTON;

-CHECKBOX IN THE REGISTRATION PAGES OF THE WEBSITES;

YOU ARE HEREBY AGREEING TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE AND ANY TERMS INCORPORATED HEREIN BY SPECIFIC REFERENCE, INCLUDING ANY MODIFICATIONS, CHANGES OR REVISIONS TO THESE TERMS OF USE, WHICH MENAYA, IN ITS SOLE DISCRETION, MAY MAKE IN THE FUTURE (COLLECTIVELY THESE “TERMS OF USE”) AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ANY STATEMENT BELOW.

IF YOU DO NOT FULLY AGREE WITH THESE TERMS OF USE, THEN PLEASE QUIT THE WEBSITES, DO NOT REGISTER AND/OR DO NOT FURTHER USE THE WEBSITES AND/OR THE SERVICES.

 

Your Compliance with these Terms of Use

In order to determine your compliance with these Terms of Use, Menaya may monitor your access and use of the Websites in accordance with Menaya’s Privacy Policy for the Websites located at the URL www.menaya.com/privacy-policy/.

 

Your Right to Access and Use the Websites

Your right to access and use the Websites and/or the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Websites and/or the Services for lawful purposes and pursuant to the terms and conditions of these Terms of Use. Your access and use of the Websites and/or the Services may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of Menaya’s equipment, periodic updating, maintenance or repair activities that Menaya may undertake from time to time, or other actions that Menaya, in its sole discretion, may elect to take. Menaya reserves the right to suspend or discontinue the availability of the Websites and/or the Services for access and use at any time in its sole discretion and without prior notice to you.

 

Term and termination

You agree that these Terms of Use shall remain in effect for as long as you subscribe to, renew, or use the Websites and/or the Services, provided that termination of your account and/or use of the Websites and/or the Services, shall not release you from any:

(i) Obligation, duties or liabilities that have been incurred prior to such termination;

(ii) Obligations to pay any sums due to Menaya pursuant to these Terms of Use;

(iii) Obligations, duties or liabilities which, from the context hereof or the nature thereof are intended to survive such termination. For the sake of clarity, the provisions below entitled Copyright and Intellectual Property, Privacy, Confidentiality, Warranty Disclaimer and Limitation of Liability, shall survive any termination of use of the Websites and/or the Services, for any reason whatsoever.

 

Registration, Identity and Authority

Any use by you of the Website and/or the Services will be subject to your registration.

Concurrently with your registration, you should select your unique combination of a user name and a password.

Following your registration, you will be able to use the Services, for the first time, as a member and upon payment of the applicable Service fees, indicated on the Website. be on a free trial basis and any further use of the Services will be subject to your membership as a member and payment of the applicable Service fees as set forth on the Website.

You agree to provide current, true, complete and accurate information in all electronic or hardcopy registration and/or subscription forms you submit in connection with using the Websites and/or the Services and you warrant and represent that any information that you provide during the process of registration and/or subscription and/or thereafter shall be current, true, complete and accurate in all respects. You agree not to impersonate or in any way misrepresent your affiliation or authority to act on behalf of any person, company, or other entity or present false information.

By subscribing to the Services, you certify that you are authorized to act on behalf of the owner or licensee of, or are the authorized representative of an individual, business or other legal entity having contractual usage rights granted by an ISP or Web Host owning or licensed to use, any and all Internet Protocol addresses (the “IPs”) and the associated computer hardware, network, storage, input/output, or electronic control devices, or software installed on such devices (the “Devices”) to which you direct those Services to be performed. You agree to cooperate with Menaya in their reasonable measures to verify your identity and authority in connection with your use of the Services.

 

Ineligible Parties

You are ineligible to subscribe to the Services if you are a competitor of Menaya, have been convicted for any computer or Internet related crimes within the last 5 years, are more than 10 days past due on any monies owed to Menaya, or are located in a place that has laws or regulations which prohibit the use of Menaya’s Services.

 

Prohibited Uses

You must never use or direct the Services to interact with IPs or Devices for which you are not expressly authorized to do so. You must not use the Services in such a way as to create unreasonable load on IPs or Devices to which you have directed the Services to interact. You may not use any Menaya IP or Device, directly or indirectly, to initiate, propagate, participate, direct or attempt any attack, hack, or crack, or send bandwidth saturation, malicious or potentially damaging network messages to any Device whether owned by Menaya or not. You must not direct any such attacks of any kind using any protocol at any of Menaya’s Devices. You must not direct bots, spiders, crawlers, or any other automated process at Menaya’s computer systems, without prior written approval. You must not, through the use of the Services or by any other means, create unreasonable load on any of Menaya’s Devices. You must not use the Services or Menaya’s Devices to perform any unlawful activity including but not limited to computer crime, transmission or storage of illegal content, or content or software in violation of intellectual property and copyright laws. You must not access information on Menaya’s Devices for which you are not authorized, or which is not made available intentionally, publicly and in accordance with Menaya’s Privacy Statement. If you should gain access to any such information for which you are not authorized, by any method or means, or for any reason, you must report it to Menaya immediately and destroy all electronic or hard copies of such information. You must report incidents by email with return receipt requested to info@menaya.com, or by calling in France: 0 805 98 79 65 Any breach of the above covenants will result in immediate termination of Services and, if appropriate, referral to law enforcement authorities.

 

Conduct and Content

You are expected to use the Services in a responsible, businesslike manner in accordance with the law. You are responsible for your conduct while on the Websites, as well as for any content you post, distribute, transmit or solicit from others. You will not use the Websites and/or the Services in such a way as to perform, distribute, link-to, transmit or solicit any content or conduct of any type that: (a) is unlawful, libellous, fraudulent, illegal, violates a contract, or regulation; (b) is offensive, threatening, abusive, obscene, profane, insulting, harassing, harmful to minors, pornographic, invasive to another’s privacy, racist, unethical, or otherwise offensive; (c) advocates or solicits criminal or illegal behavior, including, without limitation, violence, racism, xenophobia, sexism, homophobia, inappropriate, sexually explicit, pornographic or with animosity towards any third parties; (d) infringes on someone’s intellectual property rights, copyright, or other right; (e) constitutes unauthorized or unsolicited commercial communications such as bulk or SPAM email; (f) contains any computer code designed to disrupt, damage or impair any computer or network systems and software or any harmful computer programs, including, without limitation, computer viruses, trojans, worms, back doors, or macros, or any other computer programs designed to interrupt, destroy, slow, or limit the functionality of any computer software or hardware or telecommunications equipment, whether or not any damage occurs; (g) surreptitiously intercepts, downloads, copies, detrimentally interferes with, damages, or expropriates any system, data, or personally identifying information; (h) defaces the Websites or Services in any way; or (i) reveals your account access information such as your password or secret question. You will comply with all applicable laws, regulations, and Menaya policies regarding on-line conduct and content.

 

Support

You agree that your use of the Services is at your own risk. Menaya, its officer’s, directors and employees are not responsible for your use of the Services. Under these Terms of Use, Menaya is obligated to provide support, whether on-line or by telephone, only during normal GMT+ 2 Time working hours. Any additional support shall be under a separate agreement.

 

Copyright and Intellectual Property

The names “Menaya” and “Menaya.com ” and the Menaya logos and graphics are trademarks of Menaya, and may not be used by you without the prior express written permission of Menaya, which permission may be withheld in Menaya’s sole discretion.

The data and content viewable on, contained in, or downloadable from the Websites, (collectively, the “Content”), is copyrighted by Menaya. Menaya also owns a copyright in the selection, coordination, arrangement, presentation, display and enhancement of the Content. Viewing, reading, printing, downloading or otherwise using the Content in accordance with these Terms of Use does not entitle you to any ownership or intellectual property rights to the Content.

You are permitted to view, print, and/or distribute Content in hard copy from the Websites provided that:

(1) you use the Content for your personal or internal business use and not for any purpose contrary to Menaya’s commercial interests;

(2) you do not copy, use or place any Content on any network or other website for any purpose;

(3) you do not modify, alter, or create derivative works of, the Content; and

(4) you include Menaya’s copyright notice on such Content as follows: Copyright Menaya, Inc., All Rights Reserved.

Without derogating from the aforesaid, its is agreed and understood that all intellectual property rights in connection with the Websites, including, without limitation, copyrights, patents and trademarks, shall at all times be vested solely in Menaya and you acknowledge Menaya’s exclusive right, title and interest in any and all such intellectual property rights pertaining to the Websites. You agree not to do, or cause to be done, any acts or things contesting or in any way impairing or tending to impair any portion of Menaya’s right, title and interest in and to said intellectual property rights.

 

Privacy

Please read Menaya’s Privacy Statement which describes its privacy policies and practices. By agreeing to these Terms of Use, you also agree that Menaya may collect and use your personally identifying information in accordance with provisions in the Privacy Statement. You also agree to make your best efforts to avoid accessing or revealing private or personally identifying information using the Services, and to comply with any provisions of the Privacy Statement that may affect your use of the Services. The Privacy Statement is incorporated herein by reference, and is subject to change from time to time at Menaya’s sole discretion.

 

Use of Interactive Services

Any forums, chat rooms, support tools or other interactive tools associated with the Services are intended as a tool to discuss computer security issues, generally available Menaya Services and other business and technical issues related to the use of the Services. The interactive services are not intended to register complaints or for you to solicit for business. Menaya does not normally screen or edit user content or monitor interactive services, except as necessary to provide technical and customer support, but reserves the right to do so in the future. Menaya is not responsible for any such content. You bear the sole responsibility for all the content distributed by you and for any exchange of information with others using the Websites and/or the Services.

 

Confidentiality

You will, by using the Services or by contact with Menaya employees come into contact with confidential information, including, but not limited to, trade secrets, methods, details about product or service feature, enhancement, or release plans, and business or marketing plans (“Confidential Information”) which is considered to be proprietary and confidential. You agree to hold any Confidential Information in strict confidence, not to disclose or divulge same to any third party, to take reasonable measures to keep it secure and not to use same for any purpose whatsoever, except as expressly authorized by Menaya. The term Confidential Information shall not include any information that is or becomes part of the public domain, other than as a result of breach of these Terms of Use by you. You agree to abide by these terms for three years after you stop using the Services.

 

Password and security

You agree to maintain your account in a secure way. You may not reveal your user name or password or secret question to others in any way or for any reason and shall have sole responsibility for keeping the confidentiality of same. In order to secure your confidentiality, Menaya strongly recommends that you change your password frequently.

You may not provide access to the Services by; (a) allowing others to use your account after you log in, whether intentional or otherwise; (b) creating an account for someone who is not authorized to perform the role or view the information for which you have granted access; or (c) failing to revoke access for those who are no longer authorized to access the Services for any reason.

You will immediately notify Menaya if the security of your account is compromised and of any unauthorized access to your account or the accounts of others for which you have administrative authority, including the use of accounts, passwords, or any other breach of security. You will not solicit another’s password for any reason. You will not access someone else’s account, nor disrupt, interfere, or limit the functioning of the Services, or other’s use of the Services.

Menaya have no means to check the identity of the people logging-on using your user name and password.

You acknowledge and agree Menaya is not and shall not be liable for any damages resulting from any other parties’ use of or access to your account regardless of whether other parties use or access is with or without your knowledge or consent.

You may end authorization by administrating the user interface through the Websites or by providing notice to support@menaya.com. Such notice will be effective upon confirmation by Menaya via email, of receipt.

 

Payment

Payment shall due for Menaya on either a monthly or yearly basis, in accordance with the payment instructions chosen by you and indicated in your subscription form.

 

Billing information

You agree to supply Menaya with any changes to information, such as credit card information, used for billing purposes in a timely manner. Failure to provide this information may result in suspension or termination of the Services.

 

Change of fees

Menaya may change the Services-related fees at any time upon notice to you . If you have already subscribed for the Services at the price payable prior to such notice, the change in price shall take effect on the next payment date (monthly or annually) applicable to you.

 

Termination or suspension of Account

Menaya may choose to discontinue or suspend the Services at any time, without cause or prior notice. Upon termination, you will be responsible for current charges up to and including the day of termination, including outstanding balances and late fees.

 

Automatic Renewal

You agree that subscription based Services will automatically renew at the end of the current subscription period, as indicated in the subscription form, at the then current retail price for the Service until such a time as you request otherwise in writing at least 15 days prior to the beginning of the next billing cycle.

 

Default

You are in default of these Terms of Use if you fail to pay any amount owed to Menaya when due, subject to a 10 day grace period, or you fail to otherwise comply with these Terms of Use. Unless otherwise stated, fees for Services (monthly or annually, as applicable) are due in advance and subject to payment and Service delivery terms found in your invoice(s) and incorporated here by reference. If you are in default, Menaya may take any or all of the following actions to remedy the default and protect its interests: (a) declare all unpaid monies immediately due and payable; (b) terminate the Services; (c) take any other lawful action Menaya may deem appropriate to enforce your obligations under theseTerms of Use. You agree to pay costs and reasonable attorney’s fees Menaya may incur enforcing it’s rights under these Terms of Use.

 

Indemnification

You agree to indemnify, hold harmless, and defend Menaya, its officers, directors, employers, agents, suppliers, licensors, and third party information providers, or other related parties from and against all losses, damages, costs, and attorney’s fees (“Claims”) resulting from violation of these Terms of Use or any action, whether intentional, malicious, inadvertent, wrongful or negligent, related to your account, your use of the Services or any other person or persons who use your user account. Menaya shall NOT in any event be liable to indemnify you against such Claims made against you by others as a result of your use of the Services.

 

WARRANTY DISCLAIMER

THE WEBSITES AND ALL SERVICES AND OTHER MATERIALS (IF ANY) PROVIDED BY MENAYA ARE FURNISHED BY MENAYA AND ACCEPTED BY YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND.

YOU UNDERSTAND THAT ASSESSING COMPUTER SECURITY IS HIGHLY COMPLEX AND CHANGEABLE. MENAYA MAKES NO WARRANTY THAT THE SERVICES WILL FIND EVERY VULNERABILITY, MALWARE IN YOUR DOMAIN OR SERVER(S), OR THAT THE SOLUTIONS SUGGESTED AND ADVICE PROVIDED BY MENAYA WILL BE COMPLETE OR ERROR-FREE.

MENAYA SHALL BE HELD HARMLESS AND FREE FROM ALL LIABILITIES FOR ANY USE OR APPLICATION OF THE INFORMATION PROVIDED BY MENAYA IN CONNECTION WITH USING THE SERVICES.

ADDITIONALLY, MENAYA MAKES NO WARRANTY THAT THE WEBSITES AND/OR THE SERVICES WILL ALWAYS BE AVAILABLE, THAT THEY WILL BE ERROR FREE, SECURE AND UNINTERRUPTED, THAT THEY ARE FREE FROM VIRUSES OR HARMFUL COMPONENTS, THAT THEY WILL MEET YOUR REQUIREMENTS.

YOU SHALL BEAR THE ENTIRE RISK AS TO THE USE OF THE WEBSITES AND/OR THE SERVICES, ANY RELATED THIRD PARTY SERVICES AND ANY OTHER MATERIALS PROVIDED BY MENAYA OR ANY OTHER THIRD PARTY, INCLUDING FOR QUALITY AND PERFORMANCE AND FOR ACCURACY OR QUALITY OF ANY INFORMATION TRANSMITTED, RECEIVED OR OTHERWISE DELIVERED VIA THE WEBSITES, AND ANY RELATED SERVICES AND OTHER MATERIALS.

YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES AS A RESULT OF USING THE SERVICES.

TO THE EXTENT PERMITTED BY LAW, MENAYA MAKES NO WARANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, ACCURACY, TIMELINESS, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, UNINTERRUPTED PERFORMANCE, COMPATIBILITY, INTEGRATION, ETC. IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE WEBSITES AND/OR THE SERVICES, ALL OF WHICH ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY MENAYA.

 

LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT MENAYA SHALL HAVE NO LIABILITY OR OBLIGATION, WHETHER ARISING FROM CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL THEORY OR OTHERWISE, FOR ANY LOSS OF REVENUE, PROFIT, DATA, USE OF MONEY, USE OF TIME, OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES, FORESEEN, FORESEEABLE, UNFORESEEABLE, OR OTHERWISE, ARISING FROM YOUR USE OR THE INABILITY TO USE THE WEBSITES, THE PERFORMANCE OF THE WEBSITES, OR YOUR USE OF THE SERVICES, TO THE EXTENT ALLOWED BY LAW. THIS LIMITATION APPLIES TO ALL CLAIMS OR CAUSES OF ACTION INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM SERVICE AVAILABILITY, YOUR ACCESS AND USE OF THIRD PARTY SERVICES, CONTENT OR SOFTWARE, OR ANY OTHER MATTER RELATING TO THE SERVICES. YOU AGREE THAT MENAYA’S LIABILITY FOR ALL CAUSES OF ACTIONS RELATING TO THESE TERMS OF USE AND ANY MATTERS RELATING TO MENAYA’S DELIVERY OF, OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE MONIES PAID TO MENAYA IN THE 12 MONTHS PRECEDING THE PROPER SERVICE OF THE RELEVANT CLAIM.

ANY LEGAL CLAIM AGAINST MENAYA WITH RESPECT TO THESE TERMS OF USE AND/OR THE SERVICES SHOULD BE FILED WITH THE COURT HAVING PROPER JURISDICTION NO LATER THAN 12 MONTHS FOLLOWING THE OCCURRENCE OF THE CAUSE OF ACTION RELATING THERETO.

 

Third Party websites Use

Menaya has no liability or responsibility for the accuracy or suitability of content on a third party website that can be reached by using Menaya website. Your use of any content from a third party website, including but not limited to, information, downloadable files, etc. is at your own risk.

These other websites are not under Menaya’s control, and you acknowledge that Menaya is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Menaya or any association with its operators. You further acknowledge and agree that Menaya shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

THE SERVICE THIRD PARTY WEBSITES USE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED .”AS IS”. AND .AS AVAILABLE. AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

 

Modification of Terms and Services

MENAYA reserves the right to modify, change or revise these Terms of Use from time to time. The modified terms will be posted on this page. You should check here from time to time for updates. You agree that your use of the Websites and/or the Services after such modifications, changes or revisions, will be deemed full and adequate acceptance of the modified, changed or revised Terms of Use.

 

Entire Agreement

You acknowledge that these Terms of Use with the included Privacy Statement constitute the entire agreement between you and Menaya. You agree that these terms supersede any prior agreements or statements made verbally or in writing.

 

Severability

If any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

 

Governing Law

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the state of Israel to the exclusion of any conflict of laws rules. Disputes arising out of these Terms of Use shall be subject to the exclusive jurisdiction of the competent courts of the city of tel Aviv to the exclusion of any other jurisdiction. Notwithstanding the foregoing, Menaya shall be entitled to seek injunctive relief, or any equivalent remedy, in courts of competent jurisdiction outside Israel to prevent the breach of any covenant under these Terms of Use.

 

Waiver of Rights

You agree that the only way to waive rights under these Terms of Use is explicitly and in writing. Any failure to enforce any right under these Terms of Use will not waive that right.

 

Web Security scan

You hereby authorize Menaya to perform “Web Scan,” as more fully described below, on any devices and domains specified in your Menaya account.

Menaya ‘s “Web Scans” are conducted to ascertain the compliance of network devices with certain published security standards and to disclose security vulnerabilities that may be present. Security audits are performed with the assistance of Menaya employees or its appointed contractors, and may from time to time include additional probing and validation beyond the scope of Menaya ‘s automated vulnerability scanning system. In certain cases, the exploitation of a vulnerability and/or minimal extraction of data from the target server may be conducted to support Menaya ‘s security audit findings, or to illustrate a vulnerability to you. Security audits typically include, but are not limited to, port scanning and port connections, evaluating services by checking versions and responses to certain requests, and crawling a website to perform testing of forms, application responses, or the confirm the existence of certain files.