Terms & Conditions
– Terms and Conditions –
Please read the Terms and Conditions carefully. The Terms and Conditions may have been changed since your last visit to the Website or the System. By using the Website or the System, you agree to these Terms. If you do not accept the Terms and Conditions, do not use this Website or the System.
1. general
1.1 ActiveTrail Ltd. (“ActiveTrail”) provides businesses and organizations with a wide range of tools and products to independently create, operate and manage Customer journeys across several channels, including, but not limited to, email, SMS, WhatsApp, mobile push, surveys, landing pages, automations, and more (the “System“).
1.2 It is strictly forbidden to use the system to send messages without the consent of the recipient (sometimes referred to as “spam”). For this purpose, please see our anti-spam policy, which is considered an integral part of the Terms and Conditions.
1.3 Use of the System is subject to our “Privacy Policy”, which is considered an integral part of the Terms and Conditions.
1.4 The Terms and Conditions below will apply to all access to ActiveTrail’s website and all of The System’s services and capabilities (the “Services“). By clicking on the “I Agree” button on the registration page or by logging into your account or by accessing the system via an API or any other for of integration, you agree that the following Terms and Conditions will apply.
1.5 Use of The System is intended only for a person who is qualified to enter into a binding contract and over the age of 18 (the “User” or “Customer“). If you do not comply with these conditions, you may not use the System. If you are using the System as a corporate representative, you must be authorized on behalf of the Corporation to use the System.
2. System
2.1 In order to gain access to the system, you must fill out the registration form on the registration page on ActiveTrail’s website or sign a manual contract, proposal or purchase order. As a User, you must provide correct, accurate, up-to-date and complete information. Upon receipt and approval of the order, ActiveTrail will create a work environment for the Customer in ActiveTrail’s systems, in which the Customer will be able to upload mailing lists and other data.
2.2 Upload of data to the system by the Customer is subject to the following statements:
2.2.1 The Customer acknowledges that the ActiveTrail System is provided for the Customer’s use only, and at its sole responsibility, and that ActiveTrail is not a partner and/or responsible for any action performed by the Customer through the use of the System.
2.2.2 The Customer will act in accordance with the provisions of the law, including any law and regulation applicable by virtue of the use of the System. The Customer further confirms that he/she is solely responsible for any matter related to the law and regulations applicable and that he/she exempts ActiveTrail from any liability in this regard. In addition, the Customer undertakes to indemnify ActiveTrail for any damage caused to ActiveTrail due to the Customer’s action and/or omission contrary to the applicable law.
2.3 WhatsApp –
2.31 Use of WhatsApp marketing through ActiveTrail is subject to WhatsApp’s published Terms and Conditions and Privacy Policy as determined by them. For this reason, ActiveTrail cannot guarantee how WhatsApp implements its Terms of Service, obligations, operations, availability, reliability, legality, and any other aspects related to its operations.
2.32 WhatsApp determines the daily volume of messages allowed for each account according to the rating set by them and charges for messages that do not reach its destination in case the daily sending amount is exceeded. WhatsApp also reserves the right to terminate accounts at its sole discretion. The Customer shall have no claim and/or demand against the Company in respect thereof.
2.33 The information transmitted through WhatsApp by both you and ActiveTrail for the purpose of providing the Service may include sensitive personal information and may also be retained by WhatsApp and/or anyone acting on its behalf. By using the Service, you agree to share personal information held by ActiveTrail to WhatsApp and to transfer this information through it for the purpose of maintaining the Service, and to confirm WhatsApp’s retention of the information with all that entails.
2.4 SMS – By sending SMS, ActiveTrail uses the infrastructure of cellular companies and providers. ActiveTrail will not be liable for any damage caused to the Customer as a result of a malfunction and/or disruption and/or delay caused by the cellular companies and providers.
2.5 The Customer is responsible for securing the password to access his/her account. ActiveTrail will not be responsible for the actions of any person who misuses or uses your contact lists or other assets without authorization by using the Customer’s username and password.
3. Technical Support
3.1 The Customer will be entitled to receive technical support in connection with the operation of the system according to the package he/she purchased during Monday-Friday between 09:00-18:00, CET+1.
3.2 Correction of errors discovered in the system will be performed in accordance with considerations of urgency determined by ActiveTrail and at its sole discretion.
3.3 ActiveTrail’s support personnel may suggest to the customer to provide support via remote access to computers and other systems for the purpose of solving technical issues that arise during the use of the system. The Customer hereby waives any claim for damages resulting from such access, including but not limited to any disruption or damage caused by ActiveTrail or its employees.
3.4 If you use the System through a third party service, you agree and confirm that ActiveTrail will not be responsible or liable for any action of such third party. You agree and acknowledge that ActiveTrail may terminate the ability of such third party service to connect to the system at any time, with or without prior notice, at ActiveTrail’s sole discretion, and without ActiveTrail being liable for damages resulting from such action.
4. Tariffs, Payment and Free trial
4.1 The pricing of ActiveTrail’s services will be as specified in the online price list and/or in the price quote updated from time to time by ActiveTrail and at its sole discretion.
4.2 From time to time, ActiveTrail may offer a free trial period, limited in time and/or scope of use. After completing the free trial period or exceeding the scope of free use, continued use of the system will be subject to payment of a subscription fee in one of the price plans as determined by ActiveTrail. In the absence of payment, access to the system will be blocked and ActiveTrail will be entitled to block or delete the account, at its sole discretion.
4.3 SMS and WhatsApp rates vary between countries, depending on the destination country to which the message is sent.
4.4 The ActiveTrail prices may change at any time at ActiveTrail’s sole discretion. ActiveTrail will do its best to notify the Customer by email prior to the effective date of any such changes.
4.5 The Customer hereby authorizes ActiveTrail to charge its credit card or any other agreed payment method at the time of registration, on a regular basis from the end of the trial period until the account is closed. If for any reason ActiveTrail is unable to charge automatic payment, ActiveTrail will attempt to notify you by email and your account will be frozen or closed until payment is received. Any setup fees charged are non-refundable.
4.6 ActiveTrail may terminate the “Free Forever” plan, the limited-term trial program and/or any other plan at any time and at its sole discretion, including cancellation of the plan for users who previously registered for it, with 30 days advance email notice.
5. Term of agreement, cancellations
5.1 The Customer may terminate this agreement at any time by contacting ActiveTrail’s Customer service or, in some cases, by closing its account online.
5.2 Cancellation of a monthly recurring plan – the user may cancel a transaction on a monthly recurring plan for any reason and at any time by writing an email to: support@activetrail.net. Within three days of receiving the request, ActiveTrail will cancel the upcoming monthly charge and all those following.
5.3 Cancellation of an annual recurring plan – the user may cancel an annual recurring plan for any reason and at any time by writing an email to: support@activetrail.net. Within three days of receiving the request, ActiveTrail will cancel the upcoming monthly charge and all those following. In addition, ActiveTrail will credit the user pro rata from the date of receipt of the cancellation notice until the end of the agreement, based on the calculation of the number of remaining months. The charge will be calculated proportionately according to the monthly list price of a “monthly recurring” subscription on the same relevant plan.
5.4 Cancellation of a pre-paid email credits plan or email Pay As You Go plan – The user may cancel a pre-paid plan or Pay As You Go plan for any reason during the first 12 months from the date of signing of the agreement, by writing an email to: support@activetrail.net. Within three days of receiving the request, ActiveTrail will cancel the plan. In addition, ActiveTrail will credit the user for all unused credits, based on the calculation of the total actual use (total Email sent) according to a price per mail of 0.002 US Dollar.
5.5 Cancellation of a pre-paid SMS credits plan or SMS Pay As You Go plan – The user may cancel a pre-paid plan or Pay As You Go plan for any reason during the first 12 months from the date of signing of the agreement, by writing an email to: support@activetrail.net. Within three days of receiving the request, ActiveTrail will cancel the plan. In addition, ActiveTrail will credit the user for all unused credits, based on the calculation of the total actual use (total SMS sent) according to a price per SMS of 0.2 US Dollar.
5.6 Cancellation of a pre-paid WhatsApp credits plan or WhatsApp Pay As You Go plan – The user may cancel a pre-paid plan or Pay As You Go plan for any reason during the first 12 months from the date of signing of the agreement, by writing an email to: support@activetrail.net. Within three days of receiving the request, ActiveTrail will cancel the plan. In addition, ActiveTrail will credit the user for all unused credits, based on the calculation of the total actual use (total WhatsApp sent) according to a price per WhatsApp message of 0.25 US Dollar. In addition to the setup fee of 350 US Dollars.
5.7 Cancellation due to lack of use – You may cancel your plan due to complete lack of use (no emails and / or text messages were sent and / or landing pages and any other service or feature were uploaded) within 14 days from the date of signing the agreement.
5.8 Return of funds – the method of returning the funds to the Customer will be carried out in any method chosen by ActiveTrail, including a check, transfer to the bank account or cancellation of a credit transaction or crediting a credit card.
5.9 Expiry of prepaid and Pay As You GO plans– In prepaid and Pay As You Go plans, the expiration date for all unused credits is 12 months from the date of signing the agreement or from the date of actual purchase, the latest between the two. At the end of this period, the remaining balance will be reset. Remaining balances in prepaid and Pay As You Go plans purchased before December 31, 2023 will remain valid until December 31, 2024, and at the end of this period, the balance will be reset.
5.10 Account close or freeze – ActiveTrail may terminate this agreement and/or cancel the use of the system, close or freeze an account at any time, with or without specifying a reason and with or without prior notice. ActiveTrail is not liable to the Customer or to any third party for any such action.
5.11 Closing an account due to the termination of the subscription period or the end of the credit balance – ActiveTrail may close any account in which the subscription has expired or reached the end of the credit balance or in which there was no activity for more than 90 days, without any prior notice.
6. Delete data
6.1 Erasure of data and/or deletion of an account – ActiveTrail will delete any information and/or account within 72 hours of the Customer’s identified account administrator’s written request.
6.2 Deletion of data due to inactivity – ActiveTrail may, at its sole discretion, delete an account and/or any information that within an account that has been inactive for more than 90 days.
7. Permission practices, image hosting and prohibited content
7.1 Authorization obligation – The Customer undertakes and agrees to import or use only lists based on the recipient’s consent, and in accordance with any applicable law. The Customer hereby undertakes not to use ActiveTrail for the purpose of sending any unsolicited communication including, but not limited to, email, SMS, WhatsApp or Push as required by the applicable law in its territory. The Customer undertakes to clearly state in every email in that it is the “sender” and/or “advertiser” as required by law and clearly identify itself as required by the applicable law in its territory.
7.2 The Customer is solely responsible for ensuring that the email marketing campaign does not generate spam complaints that exceed industry standards, regardless of Customer’s obligation to comply with the requirements of the law. ActiveTrail, at its sole discretion, will determine whether the level of spam complaints is within the industry norm, and its determination will be final and binding. ActiveTrail will freeze and/or terminate the Customer’s use of the System, if it is determined by ActiveTrail that the level of spam complaints is higher than what is customary in the industry.
7.3 Footer The Customer acknowledges and agrees that in any email sent through the System, ActiveTrail may add an identifying footer such as “ActiveTrail email marketing system”, “operated by ActiveTrail” or any similar message.
7.4 Prohibited content Use of ActiveTrail’s website or system is prohibited for the purpose of selling or offering services or products in the following areas:
7.4.1 pornography, including but not limited to magazines, video or pornographic software; escort services; illegal goods; illegal drugs or drugs; pirated computer programs; instructions on how to assemble or manufacture bombs, grenades or other weapons. Materials that exploit children or portray children in any way other than lawfully authorized. Services, products, or content that typically characterize commercial spam, such as online or direct pharmaceutical sales, health or sexual function; work-from-home business; money or credit management, including but not limited to credit correction, debt disposition offers, and stock or stock trading tips; mortgage financing offers; promotion of DJs, nightclubs and private events; various gambling services, including but not limited to poker, Casino games, horse and dog racing, college or professional league sporting events.
7.4.2 Offensive material, including blatant expressions of bigotry or prejudice, racism, hatred or profanity, obscene material, lewdness, excessive violence, harassment or any other content that is inherently objectionable.
7.4.3 Posting personally identifiable information or private information without the consent of the data owner.
7.4.4 Any product or service that is illegal where the content is distributed.
7.4.5 Viruses, worms, harmful code and/or trojans.
7.4.6 Pyramid games or network or multi-tier marketing (MLM) businesses, including but not limited to “get rich quick” ideas, “build your wealth”, etc.
7.4.7 Libel, defamation, or other language that is threatening, harassing, or scandalous.
7.4.8 Content that supports, promotes or otherwise encourages violence against governments, organizations, groups or individuals or provides guidance, information or assistance in causing or committing such acts of violence.
7.4.9 Content, including images, belonging to authors, artists, photographers or other artists and creatorswithout the express written consent of the content owner.
7.5 The “subject” line of each email will not contain any misleading content about the general subject of the email. The “From” line of each email will accurately and not misleadingly indicate the identity of your organization, product or service that is the subject of the email.
8. Representations and Certifications
8.1 Customer agrees, understands and acknowledges as follows:
8.1.1 The system will be used only for lawful purposes and in accordance with any applicable law.
8.1.2 Adopt and comply with ActiveTrail’s privacy policy, which may change from time to time.
8.2 If the Customer uses the System through a third-party software, service or website, these Terms and Conditions shall prevail over any agreement with such third party. No such third-party service shall be used by the Customer in order to evade the limitations specified in the provisions of these Terms and Conditions.
9. Partners Program
9.1 The Partner Program is a program in which the System’s services can be offered to potential Customers (hereinafter: the “Partner”) and in return the Partner will be entitled to receive consideration for anynew Customerreferred to ActiveTrail by the Partner who has become an active and paying user of the System, provided that he is not a Customer of ActiveTrail and was not a Customer of ActiveTrail in the past (hereinafter: the “Referred Customer”), all in accordance with the terms set forth below.
9.2 The Partner must sign an Partners Program Agreement which is an integral part of the Terms and Conditions.
9.3 ActiveTrail may terminate and/or change the terms of the program at any stage, at its sole discretion and without prior notice.
9.4 A Partner who wishes to join the Partners Program will submit their candidacy (hereinafter: “Candidate”) and become a Partner only after ActiveTrail approves their application. ActiveTrail will be entitled to approve and/or reject any request to become a Partner for any reason whatsoever and without the need to explain its decision. ActiveTrail will also be entitled, at any stage, to announce the cancellation of an approval given by it to the Partner for any reason whatsoever, and from the date of sending the notice of cancellation of the approval to the Partner, the Partner’s participation in the program will be canceled.
9.5 Each candidate will fill out a form containing their full and accurate details. In the case that it is discovered, at any stage, that a candidate has omitted material details and/or submitted incorrect information, ActiveTrail will be entitled to cancel his partnership and the candidate will not be entitled to receive any consideration, not even compensation for commissions already accrued to their credit.
9.6 The Partner warrants and declares that-
9.6.1 It will carry out any instructions that ActiveTrail issues from time to time in connection with the Partners Program and in connection with the ways and manner in which ActiveTrail will enable the use of the System.
9.6.2 It will accurately comply with ActiveTrail’s instructions and requirements regarding advertising and will act immediately to execute any instruction and/or demand he receives from ActiveTrail in relation to advertising.
9.6.3 All information, content, products and services appearing on the Partner’s website belong to the Partner and the copyright therein is owned by them and/or it has been granted as a license to use and they have the legal right to distribute information and services on their site.
9.6.4 The content of the Partner’s Website and Media shall not link and/or refer and/or contain content and/or information prohibited by these Terms and Conditions.
Not to present itself as a courier and/or employee and/or as acting on behalf of ActiveTrail and/or authorized to represent it.
9.6.5 That it may not sell and/or convert and/or transfer and/or assign and/or make any commercial use of the rights granted to it under the Program.
9.6.6 The Partner shall not send notices or contact third parties contrary to the provisions of the applicable law in its territory. The Partner undertakes to compensate and indemnify ActiveTrail for any claim and/or demand that any third party may have against ActiveTrail due to the Partner’s activity and conduct immediately after its first demand. It is clarified that the Partner will be solely responsible for the legality of its activity and that no liability will arise for ActiveTrail due to the Partner’s activity and as a result of the publications made by the Partner.
9.7 Any Partner may join subject to ActiveTrail’s approval and consent. ActiveTrail will be entitled, at any stage, for any reason whatsoever and without prior notice, to transfer a partner between plans, to change the terms of the plans and the amount of commissions set, and to terminate the contract with the partner.
9.8 The Partner will not be entitled to payment of the commission in the event that the Referred Customer cancels the transaction. In the event that the transaction with the referred Customer is canceled after the Partner has already received the commission for it, the amount paid to the Partner will be deducted from future payments due to the Partner, if the Partner is not entitled to receive future payments, ActiveTrail will be entitled to demand from the Partner the refund of the excess payment.
9.9 The calculation of commissions will be determined by ActiveTrail, in accordance with the technical means available in the System, through which only ActiveTrail can monitor the partner’s activity and verify that a particular Referred Customer was indeed referred by the Partner. If ActiveTrail does not have record that a particular Customer was referred by the Partner, then the Partner will not be entitled to receive any compensation for that Referred Customer.
9.10 If a dispute arises between the Partner and ActiveTrail regarding the amount of commissions to which the Partner is entitled, the information and data appearing in the ActiveTrail system will determine and bind the parties.
9.11 Joining the system as a partner is under a Supplier-Customer relationship, where the partnership is a business partnership and will not create any employer-employee relationship.
9.12 The Partner shall be subject to all other terms set forth in these Terms and Conditions and the Partner Program Agreement.
10.Right to block access
10.1 ActiveTrail may immediately block access to the system without refund if, in ActiveTrail’s opinion, and at its sole discretion, the Customer has violated the terms of this agreement and/or any law and/or caused or is likely to cause, at ActiveTrail’s discretion, damage to ActiveTrail’s reputation or proper operation.
11. Limitation of Liability
11.1 Use of the system is at the Customer’s own risk. ActiveTrail does not guarantee that the system will be free of malfunctions or errors, nor does it give any warranties regarding the results that can be obtained from using the system. THE SYSTEM IS PROVIDED “AS IS” “AS AVAILABLE” AND ACTIVETRAIL SHALL HAVE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR BREACH IN RESPECT TO THE RESULTS OF USING THE SYSTEM, OR THAT THE SYSTEM WILL BE COMPLETELY SECURED.
11.2 ActiveTrail and any of its service providers, business partners, information providers, account providers, licensees, officers, directors, employees, distributors and/or agents (all referred to hereinafter in this section as “ActiveTrail”) shall not be liable to the Customer or to any other person for financial damages, whether direct, indirect, special, incidental, consequential, or damages due to reliance, etc., Even if ActiveTrail has been advised of the possibility of these damages or of any claim by any other party. Without prejudice to the foregoing, if it is determined in a court of law that ActiveTrail will be liable for such damages for any reason, and regardless of the type of claim (whether contractual, tort, product liability or otherwise), ActiveTrail’s liability will apply only to claims filed no later than 12 months from the date of the cause of action and will not exceed the amount paid by the Customer for the use of the system in the twelve (12) months preceding the occurrence of the cause of action, minus any other payments and/or compensation paid to the Customer by ActiveTrail during those 12 months.
11.3 The sole and exclusive remedy for any failure of the System will be the use of reasonable efforts by ActiveTrail to adapt or repair the system.
11.4 In construction, design and delivery services, ActiveTrail will not be liable for any indirect and/or consequential damage, including loss of income, loss of data and loss of computing time, caused to the Customer, or any third party, as a result of or due to the execution of its work.
12. Compliance with Laws, Monitoring
12.1 The Customer undertakes to use the System only in accordance with the provisions of this Agreement and the provisions of any applicable law, whether domestic or international (including but not limited to policies and laws relating to spam, privacy, lewdness, or defamation, copyright and trademark infringement and protective registration laws of children’s email addresses). Although ActiveTrail is under no obligation to monitor content provided by you or your use of the System, ActiveTrail may do so and may block all emails, remove any such content or prohibit any use of the System that ActiveTrail believes may be (or is claimed to be) in violation of the foregoing.פ
13. Indemnity
13.1 The Customer hereby undertakes to indemnify ActiveTrail and its business partners, licensors, suppliers, officers, directors, employees, distributors and agents of ActiveTrail and anyone acting on its behalf for any damages, losses, liabilities, compromises and expenses (including, but not limited to, reasonable expenses and attorneys’ fees) in connection with any claim or demand (a) arising from a breach of this Agreement (b) arising from the content or results of emails distributed by you through the System or (c) arising in any other way or Related to your use of the system. In addition, the Customer acknowledges and agrees that ActiveTrail has the right to demand compensation for any damages caused to it due to any illegal use of the System and/or in a manner inconsistent with the Terms and Conditions, and that such compensation may include compensation for damage of any kind, including direct, indirect, special, incidental, consequential or damages due to reliance.
14.Confidentiality and Customer information
14.1 By using the various features of the System, the Customer may provide ActiveTrail with information about the Customer (such as name, contact details, or other registration information) and other commercial information. ActiveTrail may use this information and any technical information about your use of the System in order to adapt the materials presented to the Customer by it, facilitate the Customer’s movement through the System or communicate with the Customer. If the Customer reached the system through an ActiveTrail marketing partner, ActiveTrail may share Customer information with the marketing partner and the marketing partner may share Customer-related information with ActiveTrail. Apart from the foregoing, ActiveTrail will not provide Customer information, including contact details and account details, to any third parties, who are not authorized by the Customer to receive such information, except (a) as required by law or court order, or in the good faith belief that such action is necessary to comply with the requirements of the law or a court order. ActiveTrail will not transfer, sell or rent the Customer’s contact lists to any third party without the Customer’s permission. If ActiveTrail amends or changes the policy described in the previous sentence, it will provide Customers with advance notice.
15. Intellectual
15.1 Rights in the Site and the System. The ActiveTrail website and the information it contains are the property of ActiveTrail, its Partners and licensors, and are protected from unauthorized copying and distribution by local law, copyright law, trademark law, international treaties and local and international intellectual property laws. “ActiveTrail” and the ActiveTrail logo are registered trademarks of ActiveTrail under the laws of the EU and other countries and territories. Names or marks of other ActiveTrail products or services appearing on this website are trademarks or registered trademarks of ActiveTrail and/or its rights related companies.
15.2 The system and all its components are wholly owned by ActiveTrail and/or pursuant to a lawful license granted to ActiveTrail. The Customer will have access to the system under a limited, revocable license granted to him by ActiveTrail. It is forbidden to copy and/or duplicate the System, sell, transfer to another, change, rewrite, correct, delete, add anything to the System. Do not reverse engineer or make any other attempt to discover the source code, object code, or system structure, ideas or algorithms found in the system or any other documentation of the system. You may not remove images, trademarks, identifying marks, logos, notices or proprietary labels from the System or the underlying software (the “Software”). It is forbidden to translate, create derivative works based on the System or Software to distribute, assign, mortgage or otherwise comment rights in the System or Software.
15.3 Unless you are an authorized reseller or franchisee of ActiveTrail, you may not display, copy, transfer, sell, reproduce and/or distribute the Software, any component thereof, any documentation provided in connection with the System or the Software, or any content in connection with the System.
15.4 The Customer may not copy an ActiveTrail template or any other features or functionality from the system and use them for any purpose other than using the System under these Terms and Conditions.
15.5 Third Party Rights. The Customer hereby undertakes not to upload or transmit contact lists, communications or content of any kind to the System or in connection with the System, which infringes the rights of any third party. By transferring business information, ideas, inventions or content to ActiveTrail, you acknowledge that such transfer does not constitute a breach of confidentiality to a third party or any other breach.
15.6 ActiveTrail undertakes not to make any use of contact lists or information belonging to the Customer other than for the purpose of the service that is the subject of the agreement.
16.miscellaneous
16.1 In the event that any provision of these Terms and Conditions is determined by a court of law or other competent judicial instance (the “Legal Court”) to be illegal and/or invalid and/or unenforceable, then this shall not cancel the remaining provisions of these Terms and Conditions and/or parts of that provision that was canceled and/or reduced by the legal instance and this provision shall be limited or cancelled to the minimum extent required for the remainder of this Agreement to remain in full force and effect.
16.2 These Terms and Conditions fully and exclusively express the mutual understanding of the parties and supersede and terminate all prior written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, unless otherwise expressly agreed between the parties in writing. ActiveTrail may change this agreement from time to time as published on the website or in the system.
Delay or failure by either party to exercise any right or remedy under this Agreement or existing under law or equity shall not be deemed a waiver of such right or remedy.
16.3 Adaptation – This agreement can be transferred by ActiveTrail to any party that will step into its shoes and assume its obligations and who will acquire the ownership or right to use and license the System.
16.4 Governing Law, Jurisdiction – Any dispute or legal proceeding regarding any matter related to or arising from this Agreement shall be administered exclusively in the competent courts of Tel Aviv, Israel, and in accordance with the laws of the State of Israel.
16.5 Force Majeure – Neither party to this Agreement shall be liable for the performance of any obligation under this Agreement if compliance with such obligation is prevented due to force majeure circumstances, including war, terrorism, sabotage, riots, strikes, lockouts, floods or other natural disasters, or national or local government regulations. Upon termination of such circumstances, each such party shall promptly renew the fulfillment of its obligations, including all obligations whose fulfillment was prevented due to such force majeure circumstances.
16.6 By using the system, the Customer authorizes ActiveTrail to send advertising mailings, SMS and WhatsApp on various topics such as updates, improvements, promotions, technologies and business partners from time to time, to the various functionaries operating in the account that is the subject of this agreement.
16.7 If you have any questions regarding the above rights and restrictions, please contact ActiveTrail by email at: support@activetrail.net