Below are detailed terms and conditions that you must read and accept before using our services.
Before using this website, you must review and accept the following terms and conditions (the “Agreement”). The Agreement defines your rights and responsibilities as a user (“Client”) of the website and/or the software operated by Next-Step Advanced Technologies Ltd. (“NEXT-STEP” or “we”) and accessed directly at www.dataplus.io or through vanity URLs which point to the main site located at www.dataplus.io (the “Website”). Registration as a Client of the Website and/or software results in your information being stored and processed by Next-Step and/or by third party servers. You specifically consent to NEXT-STEP’s storage and processing of the personal data you submit.
- Description of the Service
Client who registers on the Website gets access to use NEXT-STEP’S software. The software offers an online service where users configure, collect, and extract data for clinical studies (the “Service”). The Website is used to collect data (the “Content”) through forms designed by or interfaces configured by the Client. Client log into the Service to insert Content or modify, delete, and extract Content that she/he have inserted into the Service. All Content is owned, licensed to and/or copyrighted by Client and may not be used in any way by NEXT-STEP except by written permission from the Client. The Website is protected by copyright as a collective work and/or compilation, pursuant to copyright laws.
- Limited Use License
The Data Plus Software will be installed, accessed and maintained only by and for NEXT-STEP and Client shall not have any license in the Data Plus Software, or other rights whatsoever, other than the access and usage rights described in Section 2 above. Client shall not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code, underlying structure, ideas, algorithms, documentation, data, associated media, any printed materials, web-based or other online training materials, files and information of the Data Plus Software (collectively, the “Software”); modify, translate, or create derivative works based on the Software; use the Software Services or Software for any purpose other than as specifically described herein or for the benefit of a third party. Client shall not enhance, modify, or create derivative works based on the Software, it being understood that NEXT-STEP shall have all right, title, or interest in and to all enhancements, modifications and derivative works based on the Software or the Software Services. Client represents, covenants, and warrants that Client will use the Software Services only for the purposes expressly permitted herein and in compliance with all applicable laws (including but not limited to policies and laws related to spamming, privacy, intellectual property, consumer and child protection, obscenity or defamation). Client hereby agrees to defend, indemnify and hold harmless NEXT-STEP against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that is in any way connected with Client’s use of the Software Services or a breach of any representation, covenant, or warranty by Client. NEXT-STEP has no obligation to monitor the content provided by Client, however NEXT-STEP has the right to do so and it may remove any such content or prohibit any use of the Software Services in a manner that NEXT-STEP believes may be (or alleged to be) in violation of any provision herein. Client shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Software Services, including but not limited to, modems, hardware, server, software, operating system, networking, web servers, internet access, long distance and local telephone service (collectively, “Equipment”). Client shall be responsible for ensuring that such Equipment is compatible with the Software Services (and, to the extent applicable, the Software). Client shall also be responsible for maintaining the security of the Equipment, Client’s accounts and the passwords for accessing the Software Services and files uploaded. Client shall use the Software Services for its expressed purpose and shall not use the Software Services to: (i) send spam or any other duplicative or unsolicited communications; (ii) assemble data or information on a study participant without consent; (iii) transmit through or post on the Software any unlawful, immoral, libelous, tortuous, infringing, defamatory, threatening or obscene material; (iv) intentionally transmit any material containing a virus or other harmful computer code, files or programs; or (v) intentionally interfere with or disrupt the performance of the Software Services or the data contained therein.
- Rules of Conduct
Before using the Website, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (including privacy and intellectual property rights).
- User Provided Content
The Software allows Clients to contribute material to be displayed on the software or shared with other users to be modified, deleted, or extracted (“User Provided Content”). We cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot preview or monitor the User Provided Content, we may apply, at our discretion, automated filtering tools monitor and/or delete any content that NEXT-STEP believes to be in violation of this Agreement. We reserve the right to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement.
The decision to upload information to the Software or share information is your responsibility and you should only submit or share content that belongs to you or that will not violate the rights of others. By submitting material, you represent that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). Upon the request of NEXT-STEP you agree to furnish NEXT-STEP with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision.
A transferable, limited license is granted to NEXT-STEP to backup and store data submitted by you. This implies no rights of ownership of the data to NEXT-STEP and can only be used in the process of backup, restore and disaster recovery. You hereby release NEXT-STEP from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, or economic loss. Except for the rights granted in this Agreement, NEXT-STEP acquires no title or ownership rights in or to any content you submit and nothing in this Agreement conveys any ownership rights in the content you submit to us.
If you submit material on behalf of a private person, group, organization or business entity, you represent that you have the right to do so and that you have obtained any consents from the group, organization or business.
- Subscription Terms, Fees and Payments
Terms for All. You must be 18 years or older to register or subscribe. You must provide NEXT-STEP with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. As part of the registration process, you will supply your email address and we will send you an automatically generated password by electronic mail. You are responsible for all usage or activity. You agree not to use the Software system to spam or send unsolicited email invitations.
Next-Step shall collect or invoice Client for Services fees each month. Client shall pay each such invoice within thirty (30) days of the invoice date. Any payment due under this Agreement not received by Next-Step within fifteen (15) days of the due date shall be subject to a late payment charge of 1.5% per month or the maximum rate allowed by law, whichever is less. All invoices shall be paid in full, without reduction or set off of any kind. Client will pay all amounts due under this Agreement in U.S. Dollars. All fees paid by Client are non-refundable.
Renewal. You may renew your subscription by calling NEXT-STEP at +972 3 6884542 or by sending an electronic mail to email: email@example.com or by sending a written letter to Next-Step ADVANCED TECHNOLOGIES Ltd. address: Hamashbir 1, Holon, Israel at least two days before the end of the time of subscription. If you give us consent that you want to continue your subscription at least two days prior to the end of the current subscription period the payment for the renewal period of the subscription will be made.
Termination. This Agreement will commence on the date your subscription is approved and will remain in effect until terminated.
Termination for Convenience: Either party may terminate this Agreement at any time with thirty (30) days written notice to the other party.
Termination: Either party, upon giving written notice to the other party, may terminate this Agreement: (a) if the other party breaches any material provision of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice thereof from the other party; or (b) immediately in the event the other party terminates or suspends its business, becomes subject to any bankruptcy or insolvency proceeding, or becomes subject to direct control by a trustee or similar authority.
Termination may be made by calling NEXT-STEP at +972 3 6884542 or by sending an electronic mail to email: firstname.lastname@example.org or by sending a written letter to Next-Step Technologies address: Hamashbir 1, Holon, Israel. .
Prices Subject to Change. Prices may be changed by NEXT-STEP at any time and each renewal of your subscription will be at the then standard renewal cost for the period that you originally selected when you subscribed. NEXT-STEP shall provide you with reasonable notice of any change in prices prior to the effective date of the new pricing by email or other reasonable means such as a notice on the website or via email. If you do not wish to continue with your subscription due to the new prices, you may send a cancelations notice as set forth in this Agreement.
- Communications between NEXT-STEP and You
- Modifications to this Agreement
NEXT-STEP has the right, at its sole discretion, to modify this Agreement at any time. Changes will be posted on the Website and by changing the date of last revision on this Agreement. Continued use of the Website now or following posted notices of changes in this Agreement means that you have accepted and are bound by the changes.
- Warranty and Disclaimer
NEXT-STEP shall use commercially reasonable efforts to provide access to the Software Services at a service level consistent with industry norms, except for (i) planned down time for maintenance or update; and (ii) down time caused by circumstances beyond Next-Step’s reasonable control including, but not limited to, acts of God, acts of the government, flood, fire, earthquakes, hurricanes, tropical storms, civil unrest, acts of terror, strikes or other labor disputes, computer or telecommunications failures or delays involving hardware or software, and network intrusions or denial of service attacks. Client’s sole remedy for Next-Step’s failure to provide the Software Services is termination of this Agreement in accordance with Section 6. Client hereby acknowledges and agrees that NEXT-STEP shall have no liability for any loss of data as a result of any failure of the Software Services or Software. Next-Step does not make any warranty as to the results that may be obtained from use of the Software Services. THE SOFTWARE SERVICES ARE PROVIDED “AS IS” AND NEXT-STEP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
- Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, NEXT-STEP AND ITS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, ATTORNEYS, AGENTS, SUPPLIERS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE SERVICE ORDER OR THIS AGREEMENT OR OTHERWISE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND NEXT-STEP’S REASONABLE CONTROL, EVEN IF NEXT-STEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CLIENT TO NEXT-STEP FOR THE SOFTWARE SERVICES UNDER THE SERVICE ORDER AND THE AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.
- Liability Disclaimer
No Warranty. We make no express warranties or representations as to the quality and accuracy of the Content, Website or Service, and we disclaim any implied warranties or representation to the maximum amount permissible under applicable law. We offer the Website on an “as is basis” and do not accept responsibility for any use of or reliance on the Website, Content or Service, or for any disruptions to or delay in the Service. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website, Content or Service. NEXT-STEP does not guarantee the adequacy of the Service or Website or compatibility thereof to your computer equipment and environment and does not warrant that this Website, the Service, its servers, or any emails which may be sent from NEXT-STEP are free of viruses or any other harmful components.
Limitation of Liability; Exclusive Remedy. We limit our liability to the maximum amount permissible under applicable law. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law.
If you are dissatisfied with any portion of the Website, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Website.
If a dispute arises between you and NEXT-STEP, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact NEXT-STEP Customer Support at +972 3 6884542, to describe the problem and seek a resolution. If that does not resolve the issue, then you and NEXT-STEP agree to the following methods to resolve any dispute or claim between us. First, you agree that this Agreement is governed by the law of the State of Israel. Second, you agree that you will seek arbitration consistent with the rules before initiating any litigation. If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the courts located within the district of Tel-Aviv, Israel for the purpose of litigating all such claims or disputes.
We reserve the right to assign or transfer our rights and obligations under this Agreement. You may not without the written consent of NEXT-STEP assign or transfer any of your rights and obligations under these terms.
You acknowledge and agree that NEXT-STEP may disclose your information if Ancestry believes that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of the Website, the users, or the public.
In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or otherwise as a result of your use of the Services or Website.
Official correspondence must be sent via postal mail to:
NEXT-STEP ADVANCED TECHNOLOGIES LTD.
1 Hamashabir, Holon, Israel
This Agreement, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by NEXT-STEP.