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Thank you for visiting https://www.panaya.com/ and any related sub-domains or landing pages (“Website”) to learn more about Panaya Ltd., its affiliates and subsidiaries (“Panaya”, “we,” “us,” or “our”) SaaS innovative platform, features and tools (“Panaya Offering”).
These terms and conditions (“Terms”) are a legally binding agreement between Panaya, and our users (“Users”, “you” or “your”) and governs your use of the Website, landing pages, demo pages, registration to event, or any use of Panaya's digital properties, however, specifically excluding the Panaya Offering (collectively and together with the Website, shall be defined the “Properties”). These Terms do not govern access or use of the Offering, which is governed by the End User License Agreement or Master Services Agreement (as applicable) and a binding subscription order form.
BY ACCESSING, BROWSING OR OTHERWISE USING OUR PROPERTIES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, do not use the Website or Properties.
Panaya reserves the right to change these Terms at any time, any changes are binding within 30-days from publication. The last revision date will be reflected in the “Last Updated” header above.
THE WEBSITE
The Properties are made available for marketing purposes, and are intended to provide you with information related to the Panaya Offering, enable you to participate in events, contact us, book demos, view our technical documentations and business information, including without limitation, images, text, logos, icons, videos, articles, blogs, podcasts, and other specialized content and features (collectively “Content”). In addition, the Properties provides you with means of communication which you can use to contact us for support or other inquires, such as any question you have regarding our services, schedule a demo, request for a free trial, apply for a job, read our blog and other resources, apply for our partnership program, register and watch webinars, listen to our podcast, review our upcoming events, and otherwise engage with Panaya. Panaya uses the Properties, and specifically the Website, to promote the Panaya Offering, among other purposes, tracks and find leads, potential customers, and invites customers and leads to various events.
We may use the information you provide through such channels (i.e., booking a demo, registering to an event) to send you direct marketing materials or respond to you enquiry, all as governed and disclosed in our Privacy Policy.
We reserve the right to change, modify, suspend, or discontinue any aspect of our Properties at any time without any liability to you whatsoever in connection therewith.
THE WEBSITE AND THE CONTENT THEREIN ARE INTENDED SOLELY FOR INFORMATIONAL, MARKETING AND BUSINESS PURPOSES. THE CONTENT IS NOT, NOR SHALL IT BE TAKEN AS PROFESSIONAL SERVICES OR ADVICE (EXCEPT FOR THE DOCUMENTATION). WE EXPRESSLY DISCLAIM ALL LIABILITY IN RESPECT OF ANY ACTIONS TAKEN OR OMISSIONS BASED ON ANY CONTENT AVAILABLE ON OUR WEBSITE, WHICH ARE DONE AT YOUR OWN RESPONSIBILITY AND RISK.
REPRESENTATION, WARRANTIES & RESTRICTION OF USE
You hereby represent and warrant that: (i) you are eligible to enter into these Terms, or, where applicable, you have all proper authorization to enter into these Terms; (ii) you are not considered to be a “child”, “minor” or any other similar term, in your jurisdiction and, in any event, that you are not under the age of 13; and (iii) you will comply with all applicable regulation regarding you access to and use of the Services, including any intellectual property law.
You shall not, and shall not encourage third parties to: (i) copy, distribute or modify any part of the Website or Content without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose the Content, except as expressly authorized herein; (iii) disrupt servers or networks connected to the Properties; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Website, Properties and scrape the Content; or (v) circumvent, disable or otherwise interfere with security-related features of the Website, Properties or features that prevent or restrict use or copying (scraping, harvesting) of any Content or that enforce limitations on use of the Website.
DEMO SESSIONS
Panaya offers demos so you can enjoy a 30 minutes free consultation with a Panaya expert ("Demo Session"). Note, the Demo Session do not require you to add any payment details, and you will not be bound to acquire or use any other Panaya Offering, nor will you be automatically charged following such 30 minutes consultation. You hereby represent and warrant that you are solely responsible for all activities or omissions occurred by you or on your behalf during or following the Demo Session. Any information processed by Panaya during the Demo Session will be subject to our Privacy Policy.
Subject to your full compliance with these Terms and any technical documentation provided to you in regards to the Demo Session, Panaya hereby grants you a limited, worldwide, non-exclusive, non-transferable, non-sub-licensable license to access and use the Demo Session services.
AI FEATURES AND CHAT SERVICES
The AI chat, agent(s) and features (collectively “AI Features”) are made available on the Properties and are designed to provide helpful information, answer common questions, and offer support related to Panaya Offering or otherwise general information about its business, all based on available knowledge. The use of AI Features is optional, however, if you choose to use it, you agree not to submit information, inputs, that are unlawful, infringing, harmful, misleading, or otherwise inappropriate, and you remain solely responsible for any consequences arising from your use of the AI Features.
Any use of the AI Features is subject to compliance with these Terms and the Acceptable Use of AI Policy available at: https://www.panaya.com/legal/aup/, which is hereby incorporated by reference.
While the AI Features may help better understand certain information, the information provided and outputs are non-binding and are not a substitute for any type of professional advice. We strive for accuracy, but AI is fallible; especially agents and GenAI, may occasionally provide incorrect, outdated, or incomplete information. Please verify critical details independently before making decisions. If you need authoritative guidance, please consult a qualified professional or refer to the official documentation or seek human representative. Through the AI chat you can request to be referred directly to a human representative.
You are solely responsible for reviewing and validating any responses and outputs and for ensuring that they are not relied upon as professional advice or used in an unlawful, harmful, or inappropriate manner, or in violation of the rights of others.
DOCUMENTATION
Panaya makes available user guides, technical documentation, specifications, FAQs, and other written or visual materials through the Properties (collectively, “Documentation”). The Documentation is provided solely for general informational purposes in connection with the Properties and the Panaya Offering, and may be updated, modified, or removed by Panaya from time to time.
Subject to your continued compliance with these Terms, Panaya grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Documentation solely for your internal business purposes in evaluating or using the Panaya Offering. You may not (and may not permit any third party to): (i) copy, reproduce, distribute, publicly display, publish, transmit, or otherwise make the Documentation available to any third party (except to your employees and contractors with a need to know who are bound by confidentiality obligations no less protective than those set forth herein); (ii) modify, adapt, translate, create derivative works from, or otherwise prepare any works based on the Documentation; (iii) remove, alter, or obscure any proprietary notices included in the Documentation; (iv) use the Documentation to develop, offer, market, or support any product or service that is competitive with the Panaya Offering; or (v) use the Documentation in any manner that violates applicable law or infringes any third-party rights.
The Documentation is part of Panaya Intellectual Property (as defined below). Except for the limited rights expressly granted above, Panaya and its licensors reserve all right, title, and interest in and to the Documentation.
The Documentation is provided “as is” and “as available”. To the maximum extent permitted by law, Panaya disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of accuracy, completeness, fitness for a particular purpose, and non-infringement, and Panaya will not be liable for any decisions, actions, or omissions taken in reliance on the Documentation.
INTELLECTUAL PROPERTY
The Properties, Content, and AI Features are exclusively owned by Panaya or by third party licensors. Except as explicitly provided herein, no license, right, title or interest in and to the Properties and Content, are granted to you, and we or our partners reserve any and all rights, title and ownership in and to the Properties and Content ("Panaya Intellectual Property"). You shall not use any of Panaya’s copyrights, trademarks, trade names, logo or other Panaya Intellectual Property in any way except to the limited extent as may be expressly agreed in these Terms or subject to Panaya prior written consent, including in publications, blogs, comparison charts, etc.
AVAILABILITY
The availability and functionality of the Website, AI Features, etc. depends on various factors and elements, including software, hardware and communication networks. Third parties provide some of these elements. None of these factors are fault-free. Panaya therefore does not warrant or guarantee that the Website, AI Features or Properties will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
USER CONTENT AND THIRD PARTY CONTENT
Panaya may provide opportunities to post text, image, videos, or other content, including content submitted through the AI Features. You can only post content if you own all the rights to that content, or if another rights holder has given you permission.
You do not transfer ownership of your content simply by posting or submitting it. However, by posting or submitting content, you grant Panaya an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your content.
You agree to indemnify, release, and hold us harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any content you post or submit. Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, Panaya reserves the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
Panaya is not responsible for, and does not endorse, any content posted by any other person. Accordingly, Panaya may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any content posted by another member.
The website may include links to third party websites and resources that are not operated or owned by Panaya (“Third Party Content”). Your interaction with Third Party Content is subject to your acknowledgment and adherent with such third party’s terms of use and other applicable policies (such as privacy policy). Panaya have no control over such Third Party Content nor we are obliged to monitor it, hence, your interaction with the Third Party Content is at your own risk.
DISCLAIMER OF WARRANTIES
Except as provided herein, or to the extent prohibited by law, the Properties, Content, and related information, are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade, marketability, suitability, incompleteness, applicability or relevance of the Content. You agree that Panaya will not be held responsible for any decision made or action taken or not taken in reliance on the Properties, Content, or AI Features, nor does Panaya assume any responsibility for any loss, injury or damages incurred as a result or in connection with such actions or omissions. We make no representation or warranties that the Properties or Content, are or will be available for use in any particular location or at any specific time. Except as expressly stated herein, Panaya does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of and interaction with the Properties and Content.
LIMITATION OF LIABILITIES
EXCEPT WHERE PROHIBITED AND TO THE FULLEST EXTENT PERMITTED BY LAW, PANAYA, INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY “PANAYA GROUP”), SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE PROPERTIES, AI FEATURES, CONTENT OR ANY THIRD PARTY’S USE OF THE PROPERTIES, AI FEATURES AND CONTENT. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE PANAYA HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
TERMINATION
Panaya reserves the right to modify the Properties and Content, at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If you do not agree to any such changes, you may discontinue the use of our Properties at any time. You can terminate these Terms at any time by ceasing your use of the Properties. We may terminate these Terms at any time, with or without cause, effective immediately.
JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of New York, USA without giving rise to any conflict of law principals therein. You hereby agree to resolve any claim, dispute or controversy you have exclusively in the competent courts located in New York County, New York, USA.
MISCELLANEOUS
These Terms constitute the entire agreement between you and Panaya with respect to your access to and use of the Properties and Content. If any provision of these Terms is held to be unenforceable by competent courts, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of the remaining provisions hereof under all circumstances. Panaya's failure to enforce any rights or to take actions against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches.
CONTACT US
If you have any questions about these Terms, please contact us at:
By email: support@panaya.com;
By mail: 6 HaHarash St. Hod Hasharon, Israel, 4524079; or
Through or "Contact Us" page.
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