Please read these Terms of Service (the “Terms”) carefully. They govern your access to and use of TOO Software’s cloud-based automation technology services, which are accessible via our website after logging into your TOO Software Account (as defined below) or while not logged in, our APIs, and any updates, upgrades, modified versions, extensions, improvements, and derivative works of the foregoing (collectively, the “Service”).

This note refers to TOO.SOFTWARE Ltd., an Israeli company, and our affiliated entities: TOO, TOO Software, TOO Playground, TOO Platform, collectively known as the “Company” (referred to as “we,” “our,” “us”).

Your use, and continued use, of our Service automatically constitutes your acceptance of these updated Terms.


Definitions

  • “You” refers to the organization, business, or other legal entity (“Organization”) for which you act. You represent and warrant that (i) you have full legal authority to bind the Organization to these Terms; (ii) you have read and understood these Terms; and (iii) you agree to these Terms on behalf of the Organization. Your Organization is legally and financially responsible for your access to and use of the Service. If you are accessing the Service for personal use only (not in connection with any organization), then all reference to “You” refers to you as an individual.
  • “Account Information” refers to information about your TOO account and related data provided by you or your users.
  • “Service” refers to the TOO Software platform, tools, APIs, updates, upgrades, and related components used for software automation.
  • “User Content” means any data, programs, applications, or material originated by you that you transmit or create using the Service.
  • “Documentation” refers to our user documentation relating to the Service, as may be updated by TOO from time to time.
  • “Third Party Services” refers to any third-party service, connection, platform, or integration that interoperates with the Service.
  • “Usage Information” refers to metadata and other information relating to your use of the Service.

1. TOO Account Registration

a. Account Registration and Use License

To access and use the Service, you must register for a TOO Account. Upon registration, TOO grants you a non-exclusive, non-transferable, and non-sublicensable license to use the Service during the Subscription Term, solely for your internal business purposes and in accordance with the Documentation.

b. Credentials

You are responsible for maintaining the confidentiality of your TOO Account credentials. You must notify TOO of any unauthorized use of your TOO Account.


2. Ownership of Developed Programs and Platform Licensing

a. User Ownership of Developed Programs

By using our platform, you (“User”) retain full ownership of all applications, programs, or solutions you develop using the tools provided by our platform. All intellectual property rights to the specific configurations, logic, and code that you create belong solely to you.

b. Platform Licensing and Usage

While you retain ownership of the programs you develop, the platform retains all rights to the underlying components, libraries, templates, and proprietary software used in the development process. You are granted a non-exclusive, revocable, and limited license to use these tools for the purpose of developing your applications.

c. Platform Rights and Responsibilities

The platform retains the right to process and host your developed programs for purposes such as providing services, troubleshooting, and improving platform functionality. However, the platform will not claim ownership of your developed programs or commercially exploit them without your explicit consent.

d. User Responsibilities

As the owner of the developed programs, you are responsible for ensuring that your developed programs comply with all applicable laws, including data protection, intellectual property, and licensing requirements.


3. Your Use of the Service

a. Prohibited Use

You agree not to use the Service to build or support any products or services that compete with TOO, reverse engineer the Service, or transfer rights to the Service. The use of the Service is granted solely for your internal business operations, and you may not resell or distribute the platform or its components.

b. Compliance

You are responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including data privacy and intellectual property laws.


4. Fees; Term and Termination

a. Fees

Some Service features may require payment of applicable Fees. Fees are exclusive of taxes, and you are responsible for paying any such taxes.

b. Subscription Term and Auto-Renewal

Your Subscription Term starts when you register for a TOO Account and automatically renews unless you cancel or downgrade.

c. Cancellation and Termination by You

You can cancel your paid plan or downgrade to a free plan at any time. If you terminate your account, TOO will delete your User Content and account data.


5. Feedback and Intellectual Property

a. Feedback

If you provide TOO with any feedback or suggestions, you grant TOO a royalty-free, worldwide, perpetual license to incorporate such feedback into the Service or related products. However, this does not include proprietary code, configurations, or logic from your developed programs.

b. Proprietary Rights

The platform retains all rights to the Service, including updates, modifications, and derivative works. All rights not expressly granted in these Terms are reserved by TOO.


6. Data Privacy and Security

a. Data Privacy

Our Privacy Policy is incorporated into these Terms. Your User Content is your responsibility, and you retain ownership of it.

b. Security

TOO maintains technical and administrative security measures to protect the Service and User Content from unauthorized access and data breaches.


7. Confidentiality

a. Confidential Information

Both parties agree to protect each other’s Confidential Information. Confidential Information does not include publicly available information or information independently developed without access to the other party’s Confidential Information.

b. Compelled Disclosure

If required by law, the Receiving Party may disclose Confidential Information, but will provide notice to the Disclosing Party before doing so, when possible.


8. Limitation of Liability

To the fullest extent permitted by applicable law, TOO will not be liable for indirect, incidental, or consequential damages. TOO’s total liability for damages will not exceed the fees paid by you during your current subscription term.


9. Miscellaneous

a. Notices

TOO may provide you with notices through the Service or by email. You are responsible for ensuring your contact information is up-to-date.

b. Governing Law

These Terms will be governed by the laws of Israel. All disputes will be resolved in a court of competent jurisdiction located in Israel.

c. Entire Agreement

These Terms constitute the entire agreement between you and TOO regarding the Service.


Copyright

Copyright © 2024 TOO Software
All rights reserved.