These terms of service (the "Terms") constitute as a binding agreement between Servula, a licensed business under the laws of Israel, whose principal place of business is 14 Raul Valenberg St., Tel-Aviv ("Servula"), and yourself.
We acknowledge that reading long agreements might be a hassle, and we tried to keep this agreement as simple as possible, but keep in mind that lawyers are a pain in the arse and can't let us just write a short agreement that says "it will be ok", so we had to write this.
Basically, Servula acts as a one-stop-shop for your marketing and search engine optimization, we base our services on a select number of subcontractors that we specifically ass ign to each product or service you order from us, and they perform the tasks diligently most of the time.
Take into consideration that if something goes wrong, it's mostly their fault, so let us know and we'll try to make things better.
Also, we like money, and lots of it, so we charge some for the service.
Generally, before the yada-yada-legal, we just need to emphasize that no matter what, you are the only one who is responsible if something happens. This means that if you order 50,000 incoming links to your website, that somehow sells this over-the-counter-wonder-medicine, we will provide it, but when big brother Google comes to town and blacklists your website, it will be your fault, and only your fault.
From here on, it's only legalese. You do have to read it.
Eligibility: By accepting these terms, you hereby warrant that you are entitled to Servula's eligibility terms and that, if you are operating on a behalf of a corporation, that all the end-users and employees of it which shall be granted access to Servula adhere to these terms as well:
- Solvency: You are solvent and have not filed for bankruptcy, liquidation, debt arrangement or otherwise lost your ability into entering into agreements such as these terms.
- Age: If you are a natural person, you are over 18 years of age.
- Residence: You do not reside in any proscribed state.
- Valid Facebook or OpenID Account: Of you registered to the Servula service through a 3rd party authentication service, such as Facebook Connect or OpenID, you have a valid account.
- True and Accurate Information: The information provided by you when registering to services is true and accurate.
- Were not previously denied service by Servula: You were not previously removed, banned or otherwise declined service from Servula.
- Obtained Agency Consent: If you are using the service in order to provide services to your clients, you obtained their consent to use the Servula service and to post on their behalf.
- Appointment of Agent: You hereby appoint Servula to act on your behalf where such act is needed to provide the Services (as defined in article 2 this agreement).
- Email Authentication: If you did not authenticate through a 3rd party authentication service, then Servula shall authenticate and inspect whether you are the actual proprietor of that email account by sending you an activation link prior to activating your account.
- One Person For One Account: You will not share your account with any other person and you shall not enter into these terms in the benefit of any 3rd party. Moreover, you will hold only one account for yourself.
Security and login data: You are specifically prohibited from sharing your username and password with any 3rd party. Servula highly discourages the use of password managers in order to retain your login information.
- Notification: You are required to inform Servula, immediately, upon any case where you believe that your account was breached and in any case you are in knowledge of any unauthorized use of any Servula account.
- Servual's Liability: Servula shall not be liable in any case where you did not adhere to these security guidelines and shall not be able to assist you in any manner should you refrain from using Servula's best practices as published from time to time.
- Security and Circumvention: You shall use Servula's services solely with the designated software and interfaces and shall not circumvent Servula's interface or otherwise crawl, parse, create automated scripts or attempt to malipulate Servula's servers. You shall refrain from excessive use of Servula's Services and shall not otherwise create derivative works of it, all with accordance to its license agreement.
- Abuse of Service: You may not use the Servula website, the Services or any part of them in an abuse manner, including harassing other users, posting spam in the user generated comment, solicit unlawful practices and other actions.
- Assignment of service. Your account at Servula is solely yours and you hold the sole responsibility to anything within, any use of such account and any other results from use or unauthorized use of the account. Nevertheless, your account may be assigned by you to any third party, subject to Servula's prior consent in writing to such transfer. Any use or misuse of your account or of your assigned account is solely yours and your assignee's responsibility together. Servula holds no responsibility whatsoever to any activity or misconduct in the account of any kind and you shall indemnify Servula, immediately upon notice, of any expense, debt or other liability (including attorney fees) which results out of such use of misuse."
Servula shall provide you the following services, which shall be called "Services" altogether. From time to time Servula may add or depreciate some services, and may update you either by amending these terms or by other communication. The services shall be provided by Servula's subcontractors. Please keep in mind that while Servula makes best efforts to ensure the confidentiality of the communication with its subcontractors, it cannot ensure that such information shall not be disclosed. Therefore, do not use the services if you wish to keep them confidential.
- Intellectual Property: All the results of Servula's Services shall be considered "work-for-hire" and You shall retain all copyrights and other intellectual property rights in the output of the Services, and may do with them as you please. Servula shall have no right in respect to intellectual property, apart from the payment under these terms.
- Content Authoring: Servula shall provide you with content authoring services of either Articles, Web Copywriting, Press Releases or Translations or your content. When doing so, you shall be required to provide Servula with specific information such as guidelines, style required, genres, approximate number of words required in such work, and other criteria set by Servula.
- Link Building: Servula shall provide you with link building services, which include (i) posting answers on Q&A websites, (ii) posting comments in forums, (iii) posting blog comments, (iv) article submission and (v) directory submission. When requesting these services, you shall be required to provide Servula with the relevant URLs to link to, anchor texts, preferred websites or types of directories, keywords and other information which may be required by Servula in order to provide the services.
- Social Media Promotion: Servula shall provide you with social media promotion services, which may include (i) social bookmarking and (ii) installing a web-log or your server or Servual's servers. In order to provide such services, you shall be required to provide Servula with specific information such as the URLs to bookmark and anchor texts, or the type of blog you wish for.
- Premium Services: Servula may provide you with personalized premium services, which contain a conversion report, which is a specific research about your website.
- Dedicated Freelancer: Servula may provide you with outsourcing services of scouting, instruction and management of outsourced human resources.
- Scope of Work: When ordering your services, Servula shall provide you with an estimate for the required time for the service. Keep in mind that this estimate is general, and that it may consume more time.
- Rating of Service Providers: Upon finalization of each service order, you shall be requested to rate your service provider, in order to assist Servula in keeping track of its service providers and their professional conduct.
In consideration of Servula's services under these terms, it shall be entitled for payments, as determined by Servula from time to time. In order to pay for the Services, you shall be required to purchase credits from Servula.
- Purchase of Credits: Credits may be purchased up-front by PayPal or credit card and may not be transferred or used by any 3rd party. Credits are good and valid for 12 months from their purchase.
- Refunds: As the Services provided under these terms are tailored for your needs and are intellectual property, you shall not be entitled for any refund whatsoever.
- Bundling: Servula may bundle specific services and offer you with bundled services at special prices.
- VAT: If required by law, VAT shall be added to any payment you made when you purchase credits.
- What Personal Information is collected? Servula collects some personal information that you provided it, such as your name, email, password, contact information, geolocation, IP address and other information relating to your account.
- What Non-Personal Information is collected? Servula also collects some non-personal information, which may contain information about the campaigns you post through Servula's services or order from it, urls, anchor texts, names of websites or other information.
- Who has access to your personal information? Servula uses the personal information to provide you with services. Therefore, Servula, its subcontractors, affiliates and websites you requested Servula to post content through shall have access to your personal information.
- How is your personal information processed? Servula processes your personal information both in order to provide you with the Services and in order to create statistical, non-personally identifiable information.
- How can you review your information? In order to review all the information collected about you through the Services, you may open your personal dashboard in the Servula website.
- How can you delete your information? You may specifically request to delete your account, as well as all other personal information, by sending an email to email@example.com.
User Generated Content Policy:
Servula provides a portion of its Services based on content and requests that you provided it; therefore, it required that every content you post through its Services shall be your own content and You acknowledge that any violation of the User Generated Content Policy may cause termination of your Service and legal action by both Servula and the person whose rights were infringed.
- Warranty: You hereby warrant that you are either the sole proprietor or a designated licensee of any User Generated Content you process through Service and that no other party's rights are infringed or violated by using User Generated Content and Service. You shall not request Servula to utilize any trademark, tradename, trade secret, patent, copyrighted material or other content which may infringe on any 3rd party right. Moreover, you hereby warrant that you are duly authorized to present the content created by Servula, or to link through the anchors you requested that Servula shall create. For example, you cannot ask Servula to anchor the term "Nike Shoes" if you are not an authorized reseller of Nike Shoes.
- Indemnification: You hereby warrant and agree to hold Servula harmless and to indemnify Servula for any damage, loss, expense, legal expense or cost incurred as a result of its reliance on any User Generated Content or creation of Content using the Services.
- No Abusive or Excessive Use: You shall not use Servula Services excessively or in order to stalk, harass, circumvent or otherwise interrupt with the services of 3rd parties.
- Acceptable Use: You shall not use Servula's services to promote any business which is prohibited by law, or to promote pharmaceuticals, pornographic websites, the sale of illicit drugs, forex websites or other websites which relate to the trade of binary stock options, gambling or any other field of business which Servula may deem, from time to time, to be unacceptable.
Servula's services are provided on an AS-IS and AS-AVAILABLE basis, where Servula does not warrant for the quality of the Services, or that they shall provide optimal results. The use of the Servula Services are at your own risk and you acknowledge that the use may case irreparable harm to your business and your clients' business, such as loss of reputation, loss of profit, decrease in search engine optimization or other less than optimal results. Moreover, Servula's services are effort based, and it cannot guarantee that any submission made as a part of the Services shall be moderated or approved, or that it may result in an increase of traffic or sales. Moreover, excessive use of the Servula Services may cause you grave damage.
Servula makes no warranty that (i) the Services will meet your requirements and (ii) the Services will be uninterrupted, timely, secure, or error-free and (iii) the results that may be obtained from the use of the Service will be accurate or reliable and (iv) the quality of any products, services, information, or other material purchased or obtained by you through Service will meet your expectations, or (v) any errors in the Service will be corrected.
For no case and for no reason shall Servula be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to you or any 3rd party due to its misperformance of duties herein. Servula provides Service on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to: virtual property, reputation and business reputation, user account information including login information, loss of profit, loss of good name, all resulting from the use or inability to use Services rendered by Servula.
Freelancers and Subcontractors:
Servula picks its freelancers and subcontractors diligently and requires that they sign strict confidentiality agreements as well as other agreements. However, it cannot ensure the quality of their work; therefore, in any case where you are unsatisfied by the results, please contact Servula in order to notify it.
Servula may amend, from time to time, these Terms of Service and may, or may not, notify you as these amendments are made. Should you decide that any amendment in these Terms of Service does not constitute as your understanding with Servula, you may, at your own will, terminate these Terms of Service and terminate your User Account. All Contributions you created shall remain stored on Service and shall be used according to Servula' Policies and amended terms of service. In no case will these Terms of Service have any retroactive change nor would they apply on Your conduct without your consent, therefore you undertake to examine, from time to time, any amendments in these Terms of Service.
Servula may, at its sole discretion, terminate these Terms of Service, Service or any other service rendered by it due to any reason, for any user, including yourself, or with no reason at all or for any reason, including, without limitation, for lack of use or if Servula believes that you have violated or acted inconsistently with the understandings or spirit of the Terms of Service.
Servula may also, in its sole discretion, and at any time discontinue providing the Service, or any part thereof, with or without notice. you agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Servula may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Servula shall not be liable to you or any 3rd party for any termination of your access to the Service.
3rd Party Advertisements:
Servula may, at its own discretion and for its causes, include within Service any links for 3rd party websites, advertisements or links for applications (3rd Party Content). Servula does not warrant for 3rd Party Content or availability thereof nor does it endorse it. Servula shall not be held, or claimed to be held, liable for any 3rd Party Content, its legality or illegality, its adequacy with regulations and its quality.
Entire Agreement, Waiver:
These Terms of Service constitute the entire understandings between parties and will only be amended in writing. No waiver to perform any Servula's rights under this agreement shall constitute amendments of it.
Governing Laws, Jurisdiction, No Class Action:
These Terms shall be solely governed by the laws of the state of Israel, including their statutes regarding conflict of laws and may be solely brought to the competent courts of the Tel-Aviv-Jaffa District. You undertake not to initiate any class action, for any reason, against Servula and to claim your damages only according to this agreement.