Terms of Service
Last Revised: May 12, 2022
Referral-AI by referral-ai Technologies Ltd. (“Referral-AI”, “Company”, “we”, “our”) welcomes you (the “User(s)”, or “you”) to our primary website at https://referral-ai.com/ (the “Site”) and to our automated sales acceleration platform, intended to assist you in reaching key targeted people based on discovering trusted 1st degree relationships with them (the “Platform”). Our Site offers basic information regarding our Company and our services, and serves as an access point to the Platform (“Service(s)”, as further detailed below). Each of the Site and Platform’s Users may use the Site and the Platform in accordance with the terms and conditions hereunder.
- Acceptance of the Terms
The Site, the Platform and/or the Services are available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your and your organization’s behalf and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder.
For the avoidance of doubt, any act or omission performed by you in connection with the Site and/or Platform shall obligate your organization.
- The Platform, the Site and the Services
Referral-AI’s unique Platform helps improve your business development efficiency by discovering 1st-degree referrals and identifying trusted ambassadors for making an introduction to executives at a specific company, discovering personal background information regarding contact persons prior to a meeting, finding the credibility of a customer and more (the “Service(s)”). In order to provide you with our Services, you will be required to provide us with access to one of your contact persons list(s), such as Gmail, contact persons on your iPhone or Android device, Facebook, Outlook, LinkedIn or Salesforce (“Contact List Account(s)“).
PLEASE NOTE: ANY DATA EXTRACTED FROM YOUR CONTACT LIST ACCOUNTS SHALL BE USED SOLELY IN ORDER TO PROVIDE YOU WITH OUR SERVICES. WE DO NOT SHARE YOUR PERSONAL INFORMATION WITH ANY THIRD PARTY FOR MARKETING PURPOSES WHATSOEVER.
The Site provides you with access to the Platform and comprehensive information regarding, inter-alia, the Services, the Platform, the product’s concept, news regarding the Company, job opportunities and so forth, including any other content related to the Site and/or Platform such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Site and/or Platform, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Platform and/or the Site (collectively, the “Content”).
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE AND THE PLATFORM ARE RESERVED TO REFERRAL-AI OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. REFERRAL-AI WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR PLATFORM AND/OR THE CONTENT AVAILABLE THEREIN.
YOUR USE OF THE SERVICES AND/OR THE SITE AND/OR THE PLATFORM AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
Note: You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site and/or Platform, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.
- Registration and User Account
In order to protect the security of your Personal Information available on your Account, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.
You are solely and fully responsible for maintaining the confidentiality of the password and the Account and for all activities that occur under your Account. If we in good faith believe you have created an Account impersonating another person, such Account may expose you to civil and/or criminal liability.
- You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of the Company. You must notify us immediately of any unauthorized use of your Account or any other breach of security by a Contact form, and in such events, you must change your password immediately by using the settings of your third-party service account. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your Account or any other breach of security.
If you wish to either change your log-in details or cancel and remove your Account, please refer to Contact. Your Account will terminate within a reasonable time following your request, and from that date of termination, you will no longer be able to access your Account.
CANCELING OR TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
Your Account enables you to access the Platform’s Services in accordance with the applicable Subscription plan, as further detailed below.
Our Services may be subject to subscribe to a monthly or yearly payment plan, in accordance with the payment model specified in our pricing page, available at: www.referral-AI.com (“Subscription“). You may change your Subscription plan or cancel your Subscription at any time via the “Settings” page within the Platform. To the extent that some of the features of the Platform or any Services are offered free of charge, we reserve the right to charge fees for such features or Services in the future.
The Subscription is billed in advance for the upcoming month, or a prorated portion thereof, starting at the time of registration to the Service. Thereafter, the Subscription may be renewed in accordance with the terms of the order form to which these Terms are attached (the “Order Form”). You will receive a receipt upon each payment received. Any termination of the Subscription is subject to the payment of the applicable rate for the preceding payment period. All fees and other amounts paid under these Terms are nonrefundable.
If you fail to pay your subscription fee on time, or if your credit card payment information is entered in error or does not go through for processing and you do not update payment information upon our request, your entire Subscription may be suspended or cancelled.
Each of you and Referral.AI will be responsible for the payment of its own taxes. For the avoidance of doubt, VAT shall be added to the invoices issued by Referral.AI pursuant to the Order Form.
Referral-AI reserves the right to modify the fees and prices for its Services at any time and at its sole discretion. Such pricing changes will NOT affect your already paid-up Subscription period. Existing Accounts shall receive an email notification of price changes at least thirty (30) days before such change takes place.
- Users’ Data
The following terms apply to your Users’ Data:
- You represent and warrant that (i( you are the rightful owner of the Users’ Data or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the licensors of such Users’ Data; (ii) that to the best of your knowledge, such Users’ Data does not infringe any third party’s intellectual property rights, privacy rights or publicity rights; and (iii) the User’s Data does not contain information which is unlawful for Referral-AI to possess or use in connection with the Services.
REFERRAL-AI TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR THE CONTENT OF ANY USERS’ DATA. THE FOREGOING SHALL NOT INCLUDE, FOR THE AVOIDANCE OF ANY DOUBT, DATA BREACH RESULTING FROM THE PLATFORM.
- Use Restrictions
There are certain conducts which are strictly prohibited when using the Site and/or Platform. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Referral-AI’s sole discretion) in the termination of your use of the Site and/or Platform and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by Referral-AI, you may not (and you may not permit anyone to): (a) use the Site and/or the Content and/or the Platform for any illegal, immoral, unlawful and/or unauthorized purposes; (b) remove or disassociate, from the Content and/or the Site and/or the Platform any restrictions and signs indicating proprietary rights of Referral-AI or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (c) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect any information from the Site and/or Platform, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and/or the Platform and retrieve, index and/or data-mine information; (d) interfere with or disrupt the operation of the Site and/or the Platform or the servers or networks that host the Site and/or the Platform, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (e) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Referral-AI endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site and/or the Platform; (f) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (g) bypass any measures we may use to prevent or restrict access to the Site and/or the Platform; (h) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Referral-AI on or through the Site and/or the Platform, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (i) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Referral-AI’s proprietary rights, including Referral-AI’s Intellectual Property (as such term is defined below), in any way or by any means; (j) make any use of the Content on any other site or networked computer environment for any purpose without Referral-AI’s prior written consent; (k) create a browser or border environment around Referral-AI’s Content and/or Site and/or Platform (no frames or inline linking is allowed); (l) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the Content and/or the Platform; (m) frame or mirror any part of the Site and/or the Platform without Referral-AI’s prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the Site and/or Platform, other than in the context of the permitted use hereunder; (o) transmit or otherwise make available in connection with the Site and/or the Platform any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (p) use the Site and/or the Platform for any purpose for which the Site and/or the Platform is not intended; and/or (q) infringe and/or violate any of the Terms.
- Contacting us via the Site
In order to contact us, you will need to fill out and complete the Contact Form available at: referral-ai.com/contact (“Contact Form“). The Contact Form requires, inter alia, the User’s name, e-mail address and message. You may provide additional details via the Contact Form, including telephone number and website address.
- Intellectual Property Rights
The Site, the Platform, the Content and Referral-AI’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Referral-AI and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Referral-AI and its licensors.
The Terms do not convey to you an interest in or to Referral-AI’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of Referral-AI’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Referral-AI (“Feedback”), Referral-AI shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of Referral-AI’s current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Referral-AI to comply with any additional obligations with respect to any Referral-AI current or future products, technologies or services that incorporate any Feedback.
Referral-AI hereby acknowledges and agrees that you retain full ownership of (and own) any and all rights (including Intellectual Property Rights), title and interest in or to any information you provide us with, including without limitation, Contact List Accounts, Users’ Data and other files or information you upload or otherwise provide to Referral-AI (“Your Data”), other than the limited use rights required in order to render the Services. Referral-AI does not and will not claim any ownership over any of Your Data.
- Trademarks and Trade names
Referral-AI’s marks and logos and all other proprietary identifiers used by Referral-AI in connection with the Site and/or Platform (“Referral-AI’s Trademarks”) are all trademarks and/or trade names of Referral-AI, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site and/or the Platform belong to their respective owners (“Third Party Marks”). No right, license, or interest to Referral-AI’s Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
- Linking to Referral-AI’s Site and Links to Third Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Referral-AI, and does not portray Referral-AI in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to Referral-AI’s Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
- Changes to The Site
Referral-AI reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site and/or Platform (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site and/or Platform may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Referral-AI shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein. You hereby agree that Referral-AI is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
- Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND PLATFORM AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND REFERRAL-AI, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “REFERRAL-AI’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE AND/OR PLATFORM AND/OR THE CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR PLATFORM AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE AND/OR PLATFORM (INCLUDING THAT THE RESULTS OF USING THE SITE AND/OR PLATFORM WILL MEET YOUR REQUIREMENTS). REFERRAL-AI AND REFERRAL-AI’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR PLATFORM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE AND/OR PLATFORM.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN REFERRAL-AI.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
- Limitation of Liability
OTHER THAN ANY DAMAGES RELATED TO OR RESULTING FROM BREACH OF CONFIDENTIALITY, DATA BREACH OR EITHER PARTY’S INDEMNIFICATION UNDERTAKINGS HEREUNDER, AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL EITHER YOU OR REFERRAL-AI, INCLUDING REFERRAL-AI’S REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR PLATFORM AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR PLATFORM AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE AND/OR PLATFORM TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF REFERRAL-AI TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF REFERRAL-AI OR REFERRAL-AI’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER REFERRAL-AI OR REFERRAL-AI’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, REFERRAL-AI’S AND REFERRAL-AI’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR PLATFORM AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO REFERRAL-AI FOR USE OF THE SITE AND/OR PLATFORM OR $US1.00, WHICHEVER IS GREATER.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless Referral-AI, including Referral-AI’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with the Your Data . It is hereby clarified that this defense and indemnification obligation will survive expiration or termination of these Terms.
Without derogating from the foregoing, the indemnified party reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification by the indemnifying party, which will not excuse your indemnity obligations hereunder and in which event the indemnifying party will fully cooperate with the indemnified party in asserting any available defense. The indemnified party agrees not to settle any matter subject to an indemnification hereunder without first obtaining the indemnifying party’s prior express written approval.
- Amendments to the Terms
Any change to these Terms shall not apply to you, unless explicitly approved by you, in advance and in writing.
- Termination of these Terms and the Termination of the Platform and Site’s operation
(a) These Terms constitute the entire terms and conditions between you and Referral-AI relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Referral-AI (or any other terms and/or conditions posted online by Referral-AI), (b) any claim relating to the Site and/or Platform or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site and/or Platform will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Tel-Aviv Jaffa, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Referral-AI may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (g) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (h) no amendment hereof will be binding unless in writing and signed by both parties, and (i) the parties agree that all correspondence relating to these Terms shall be written in the English language.
- For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to Contact