ITsMine Ltd. (“ITsMine“, “us“, “our“, or “we“) is the creator and owner of data loss protection solutions available to you through our software and web-based platform (collectively, “Platform“). These Terms of Service (“Terms“) govern your access and use of the Platform and services available thereon (“Services“). Our Privacy Notice, available at Privacy-Notice (“Privacy Notice“) governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). “User” or “you” means any means any adult user of the Platform and/or Services on behalf of an entity, individual or yourself. 

Please read these Terms carefully. By clicking on the button marked “I agree” you signify your assent to these Terms. If you do not agree to any of these Terms, please do not click the button marked “I agree” and do not use the Services. Changes may be made to these Terms from time to time. Your continued use of the Platform and/or Services following any update shall be deemed acceptance of any such amended or updated terms.

If you are registering on behalf of any entity or company (“Company“), you represent that you are authorized to enter into, and bind the Company to these Terms and register for the Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Company and the right to access the Services is revoked where use of the Services is prohibited.

Use of Services

ITsMine allows you to access and use the Platform and Services on a non-exclusive basis subject to these Terms. ITsMine may, at its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice and shall not be liable to you or any third party for any modification or discontinuance of the Services.

Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and have the ability to form a binding contract; (d) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; (e) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Platform and/or Services; (f) you will not add any Personal Data of any third-party (including users of the System (as defined below)) to the Platform and/or Services without the prior consent of such third-party (“Third-Party“), if and as required under applicable law; and (g) you shall notify any Third-Party of the collection, processing and transfer of his or her Personal Data, including to ItsMine and our processing thereof, in accordance with our Privacy Notice.

You (on behalf of Company, where applicable) represent and warrant that the System and your use thereof (a) does not infringe the intellectual property rights, moral rights, publicity, privacy, or other rights of any third party; (b) complies with all applicable law and regulations, including applicable data protection law; and (c) does not contain any worms, viruses, spyware, adware or other malicious, harmful or disruptive component.

Reports and Call Home Alerts

The Platform and/or Services shall provide you with data, analytics and/or information regarding activity on the system or network in respect of which you are using the Platform and/or Services (“Reports” and “System,” respectively). As a Call Home User (as defined below), you, or other designated individuals, will also receive notifications regarding the occurrence of certain events, such as breaches or other activities on the System (“Alerts“). You may copy, modify and use the Alerts and Reports solely for any internal business purpose. By using the Platform and/or Services you acknowledge that ITsMine may use aggregate and/or anonymized data and information in respect of the System and users thereof, including Alerts and/or Reports, for analytics, improvement of the Services and other internal business and research purposes, all in accordance with the Privacy Notice.

Account Registration

In order to use the Services, you will need to have a registered account. To complete the registration process, you must provide all (additional) registration information as requested by us. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with improved Services.

You may be registered to an ITsMine account either as an “Administrator,” “Supervisor” or “Security Operations User.” Depending on your account type, you will have access to different features and have different permissions on the Platform and/or Services. The Administrator shall be authorized to grant Supervisors and Security Operations Users with access to the Platform and/or Services, as well as to block users from using the Services.

In order to utilize the Call Home Portal component of the Platform, subject to the terms hereof and ITsMine’s instructions, ITsMine shall create a Call Home Portal account for each user designated by the Company (“Call Home User“).

ITsMine may refuse to open an account for any individual or entity at its sole discretion.

You agree to notify us immediately of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by law, ITsMine will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold ITsMine harmless for any unauthorized, improper or illegal use of your account and any charges and taxes incurred, unless you have notified us via e-mail at support@itsmine.io, that your account has been compromised and have requested that we block access to it, which we will do as soon as reasonably practicable. We do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.

Termination of Account

You agree that ITsMine may for any reason, at its sole discretion and without notice, suspend or terminate your account, and may remove any Content (as defined below) associated with your account and take any other corrective action it deems appropriate. Grounds for such termination or suspension may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is illegal or harmful to other users, third parties, or the business interests of ITsMine, or (v) failure to make payment in accordance with the terms specified herein. If your account is terminated, you may not rejoin ITsMine again without express permission. Upon termination of your account, you shall not have any further access to any Content that may be available through your account.

We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.

You may request termination of your ITsMine account at any time and for any reason by contacting the Administrator or sending an email to ITsMine at support@itsmine.io, as applicable. Following our receipt of such request, ITsMine shall close your account as soon as reasonably practicable. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension or termination.

Fees and Payment

Your access to and use of the Platform and/or Services is subject to the Company’s payment of any and all fees in respect of the Platform and/or Services to the applicable reseller, distributor or other third-party through which you and/or the Company have received access thereto.

Content

Certain types of content may be made available through the Services. “Content” as used in these Terms means, collectively, all content on or made available through the Services, including any images, photos, pictures, text, video, Reports or Alerts and any modifications or derivatives of the foregoing.

ITSMINE DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT. ITSMINE DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

Use Restrictions

You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Platform or Services without our prior written authorization, including framing or mirroring any part of the Platform or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (3) use the Platform or Services or content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or Services; (5) use or access another user’s account or password without permission; (6) use the Platform or Services in any manner that imposes an unreasonably or disproportionately large load on our infrastructure; or (7) use the Platform or Services or Content thereon in any manner not permitted by these Terms.

Intellectual Property

ITsMine or its licensors, as the case may be, have all right, title and interest in the Platform, Services, and any Content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered and unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Content, Platform or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Platform and/or Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms should be construed as granting you any right to use any trademark, service mark, logo, or trade name of ITsMine or any third party. If you provide ITsMine with any feedback regarding any content on the Platform and/or Services, ITsMine may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

Disclaimers and Disclaimer of Warranty

All information and content posted on the Platform and/or Services is for informational purposes only and ITsMine provides no guarantees with respect thereto. Your use of the Platform and/or Services is at your sole discretion and risk. The Platform, Services and Content thereon are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Platform and/or Services will be of good quality or useful for your needs.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM AND/OR SERVICES OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLATFORM AND/OR SERVICES; (II) THAT THE PLATFORM OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE PLATFORM AND/OR SERVICES.

ItsMine makes no warranty that the Alerts or Reports provided shall be useful to you. You are solely responsible for any action you may take based on the Reports and/or Alerts. In making any decision you should take into account the possibility that information and/or recommendations provided by the Reports and/or Alerts may not correctly or accurately reflect current or future circumstances.

No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

You acknowledge and agree that ITsMine is not a data retention service. You therefore must create backups of your data, and ITsMine shall have no responsibility or liability in respect of any loss of, damage to, or corruption of any such data.

Limitation of Liability

In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Platform, Services or any Content. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Platform or Services, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from use of the Platform or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Platform, Services, from any Content posted on or through the Platform and/or Services, or from the conduct of any users of the Platform and/or Services, whether online or offline. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to ITsMine, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.

IN NO EVENT SHALL ITSMINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE PLATFORM AND/OR SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ITSMINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED AN AMOUNT OF $100.

Indemnification

You agree to indemnify, defend, and hold harmless ITsMine, and its employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use  of (or inability to use) Platform and/or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law.

Miscellaneous

These Terms shall be governed by the laws of the State of Israel exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in Tel Aviv-Jaffa shall have exclusive jurisdiction to hear any disputes arising hereunder. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against ITsMine must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and ITsMine or enables you to act on behalf of ITsMine. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.

Last updated: September 2022