The term "Munch", "us", "we" or "our", refers to Munch Content Platform Ltd., a corporation organized and existing under the laws of Israel, having its principal offices at Tel-Aviv, Israel (company registration no. 516453602), which owns and operates the Munch System (as defined below). The term "you" refers to the User (as defined below).
You hereby state that you are a natural person over the age of 18, and that you are not acting for, or on behalf of, any other person, company or such other legal entity.
The license granted to you by Munch for the Munch System, is limited to a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to use the Munch System solely for your
From time to time, an upgrade to the latest version of the Munch System may be required in order to make use of the Services or to take advantage of new features and functionalities of the Munch System.
For the purposes hereof:
"Activation" means the activation of your User Account as specified in Section 3.1 below. "Activation Date" means the date on which Activation occurred.
"Content" means any and all materials uploaded to the Munch System by User and/or anyone on its behalf in our Site, including, but not limited to, photographs, graphics, video, audio, or any other form which contains information.
“Deliverable” means any and all deliverable being the output of the use of Services, or otherwise provided by us, including, but not limited to texts, photographs, graphics, video, audio, or any other form which contains information.
"External Sites" shall have the meaning specified in Section 12 below. "Feedback" shall have the meaning specified in Section 16 below.
"Intellectual Property Rights" shall have the meaning specified in Section 11.7 below.
"Munch System" means Munch's proprietary online digital platform for content display and processing, as well as Services provided, thereby. The term "Munch System" includes also the Site (as defined below).
"Plan" shall have the meaning specified in Section 4.2 below.
“Restricted Person” means a person that is (i) listed on, or owned or controlled by a person listed on any Sanctions List; (ii) located in, incorporated under the laws of, or owned or controlled by, or acting on behalf of, a person located in or organised under the laws of a country or territory that is the target of country-wide Sanctions; or (iii) otherwise a target of Sanctions.
“Sanctioning Authority” means:
the U.S. government or any U.S. agency (including OFAC, the U.S. State Department, the
U.S. Department of Commerce or the U.S. Department of the Treasury);
the United Nations Security Council;
the European Union (or any of its member states);
(d) the Israeli government.
“Sanctions” means economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by a Sanctioning Authority.
“Sanctions List” means any of the specifically designated nationals or designated persons or entities in relation to Sanctions issued by a Sanctioning Authority.
“Stripe” means Stripe, Inc. having the details which can be found in www.stripe.com
"Services" means all the services provided via the Munch System, including (but not limited to) the provision content repurposing, social and content platform integrations, reach and engagement data analysis, content creation recommendations, and any other features and functionalities supported, or that may be supported, by the Munch System from time to time, and such other work product and/or Deliverable being the output of the use of the Munch System and such services, or as otherwise provided by us.
"Site" means Munch's Internet site which can be accessed at www.getmunch.com. "Submission" shall have the meaning specified in Section 6.1 below.
"Subscription" and "Subscription Fees" shall have the respective meanings specified in Section 4.2 below.
"User" means any person that uses the Site and/or that is registered to the Munch System. "User Account" shall have the meaning specified in Section 3.1 below.
"User Account Details Notice" shall have the meaning specified in Section 3.1 below.
Our Services require you to open a user account ("User Account").
In order to do that, you must fill in the registration form and provide us with a valid email address and with current, complete and accurate information as prompted by the registration form.
After submitting the completed registration form, we will send you a notice with your User Account details ("User Account Details Notice") to the email address provided by you as part of the registration process.
In order to complete the registration process and to activate your User Account, you are required to complete the registration (the "Activation").
Please add the following email addresses to your email contact list: email@example.com
Munch shall not be liable for any failed deliveries or arrival of messages to your spam inbox. You may reset your password at any time and shall be notified via electronic mail on each reset.
You will provide Munch only with accurate information about yourself and shall not disclose your User Account information to others.
Munch reserves the right to deny creation of your User Account, or to terminate your User Account, based on our inability to verify the authenticity of your registration information.
You are entirely responsible for any and all activities that occur under your User Account. You agree to notify Munch immediately of any unauthorized use of your User Account or any other breach of data security.
Munch will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. You could be held liable for losses incurred by Munch or another party due to someone else using your User Account.
You may not use anyone else's User Account.
Munch System allows you to upload certain Content, and Munch to access, create modify and edit such Content. Notwithstanding anything to the contrary in these Terms, Munch reserves the right without further notice to User, to modify, edit and/or remove any and all Content to comply with law or in other reasonable circumstances.
You will retain all of the ownership rights in your Content. You hereby grant Munch a limited, worldwide, non-exclusive, royalty-free, non sub-licensable and non-transferable license to use, modify, edit, reproduce, distribute, display, and perform the Content only in connection with providing the Services and solely for the term of the Subscription.
You shall be solely responsible for any Content and/or Deliverables and/or other content and data created, modified, uploaded, or used by means of the Munch System. UNDER NO CIRCUMSTANCES WHATSOEVER WILL MUNCH BE LIABLE IN ANY WAY FOR ANY CONTENT INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS THEREIN, OR FOR ANY INFRINGEMENT OF THIRD PARTY RIGHTS, OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE CONTENT.
We may communicate with you in an electronic form via the email address you have submitted as part of the registration process, with regard to Munch System updates, or any other issues related to your User Account and/or use of the Munch System.
If you do not wish to receive notifications from Munch as above, you may turn the option to receive notifications by using the 'unsubscribe' link in the email message.
It is not possible to block receipt of notifications from Munch by email to the extent any such notifications are with regard to, or connected with, your use of the Munch System, and/or are required by law.
You may send any query you may have regarding the technical operation of the Munch System to us by email to firstname.lastname@example.org.
We shall use reasonable commercial efforts to respond to your query as soon as possible, either by email to the email address you have submitted as part of the registration process, of by posting a response under the FAQ in the Site.
As part of the Lite Plan, we may ask you fill-in a feedback questionnaire regarding the Munch System and your experience in using it.
In order to use the Munch System and taking advantage of all its features, you are required to purchase a monthly fixed-fee subscription ("Subscription") by paying the subscription fees ("Subscription Fees") of the Plan selected from one of the following available Plans (each, a "Plan"):
*Approximate and contingent price
Lite Plus (Lite+)
To be discussed
The Subscription Fees will be charged by us and paid by you on a monthly recurring basis, in advance, at the price of the selected Plan. Subscription automatically renews on a monthly basis unless you terminate your subscription in accordance with the following terms.
The Subscription Fees can be paid by using your Stripe account only. You will be solely liable for paying the Subscription Fees, as well as any applicable taxes, commissions and/or rates incurred by payment of the Subscription Fees.
After making the payment through your Stripe account, Stripe will send you a notification stating the transaction details ("Summary Notice"). The Summary Notice will be sent to your email address stored in the Stripe system.
You are responsible for paying the Subscription Fees even if payment by your Stripe account fails or is denied of any reason.
Upon termination of the Subscription Period, your access to the Munch System will end and no further charges will accrue.
YOU MAY TERMINATE THE SUBSCRIPTION AT ANY TIME AND FOR ANY REASON (OR FOR NO REASON) BY SENDING US A TERMINATION NOTICE ("TERMINATION NOTICE") BY USING THE 'UNSUBSCRIBE' BUTTON APPEARING IMMEDIATELY AFTER THE LOG-IN PAGE. THE 'UNSUBSCRIBE' BUTTON LINKS TO A PAGE ON THE STRIPE SYSTEM WHICH ENABLES THE TERMINATION OF THE SUBSCRIPTION.
Upon receipt of your Termination Notice, the following provisions will apply:
Your Subscription and access to any features not included in the Lite Plan will end at the end of the subscription period during which we received your Termination Notice.
To reactivate your Subscription, you can simply re-pay for your new subscription. However, you will be charged the whole amount of your chosen subscription fee and your monthly billing period will be renewed automatically. (i.e., if you cancel your subscription on Feb.10 and reactivate it on Feb.15, your monthly billing period will be automatically renewed every 15th of each month.) We will do our best to make it convenient for those who will revisit Munch in the near future.
Subject to applicable law, in the event of non-payment within fourteen (14) days of the due date for payment, your Subscription will be deemed delinquent and we may terminate or suspend your User Account for non-payment. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you.
We reserve the right to change the Subscription Fees at any time and from time to time, by posting a thirty
(30) days prior notice on the Site and/or by sending you an email to that effect. Any change in the Subscription Fees will not apply to the Subscription then in effect at the time of the change.
The provisions of this Section 4 are subject to, and do not derogate from, any mandatory statutory rights that may be afforded to you by the applicable law in your jurisdiction.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MUNCH SYSTEM IS PROVIDED 'AS IS', 'AS AVAILABLE', 'WITH ALL FAULTS' AND WITHOUT WARRANTY OF ANY KIND, AND MUNCH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MUNCH SYSTEM, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMPLETENESS, EXHAUSTIVENESS, ACCURACY, QUALITY, RELIABILITY, AVAILABILITY, TIMELINESS, USEFULNESS, SECURITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR OF SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
MUNCH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MUNCH SYSTEM, THAT THE MUNCH SYSTEM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MUNCH SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE MUNCH SYSTEM WILL BE CORRECTED, THAT THE MUNCH SYSTEM WILL BE FREE FROM CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION.
Any material accessed, downloaded or otherwise obtained through the use of the Munch System, is accessed at your own discretion and risk, and you will be solely responsible for and hereby irrevocably waive and release Munch and its directors, officers, employees, partners, licensors and/or agents, from any claims and causes of action with respect to any damage to your Internet access and/or loss of data that results from the download of any such material.
Munch provides all technical support on an 'as is' basis, and does not make any representation or warranty of any as to such support and/or the reliability, quality, accuracy, availability thereof, or its ability to meet your needs, provide certain outputs or achieve certain results.
Munch makes no guaranty of confidentiality or privacy of any communication or information transmitted through the use of the System.
You understand and agree that no data transmission over the Internet or information storage technology can be guaranteed to be completely secure, and Munch expressly disclaims any warranties, express or implied, to that effect.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations (or any part thereof) may not apply to you.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MUNCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS AND/OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, (B) LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, (C) ANY OTHER LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, AND/OR (D) ANY THIRD PARTY CLAIMS AGAINST YOU; WHERE THE DAMAGES REFERRED TO IN (A), (B), (C) AND/OR (D) ABOVE RESULT IN ANY WAY FROM ANY MATTER RELATING TO AND/OR
ARISING FROM THE MUNCH SYSTEM, INCLUDING, WITHOUT LIMITATION (I) YOUR ACCESS TO AND/OR USE, INABILITY TO ACCESS OR USE THE MUNCH SYSTEM, AND/OR ANY EXTERNAL SITE; THE LIMITING, SUSPENSION OR TERMINATION OF YOUR USER ACCOUNT, AND/OR YOUR RELIANCE ON THE MUNCH SYSTEM; AND/OR ANY EXTERNAL SITE, (II) ANY ERRORS, OMISSIONS AND/OR OTHER INACCURACIES IN ANY CONTENT ACCESSIBLE BY THE MUNCH SYSTEM, AND/OR (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MUNCH SYSTEM; REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE), EVEN IF MUNCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
IN ADDITION, ALL RESPONSIBILITY OR LIABILITY OF MUNCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS AND/OR AGENTS FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS IS HEREBY DISCLAIMED.
IN NO EVENT SHALL THE TOTAL LIABILITY OF MUNCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS AND/OR AGENTS, TO YOU AND/OR TO ANY THIRD PARTY, FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY OR DEATH) EXCEED THE TOTAL AGGREGATE AMOUNT PAID BY YOU TO MUNCH AS SUBSCRIPTION FEES (LESS AMOUNTS ALREADY PAID BY US TO YOU FOR ANY PREVIOUS LIABILITIES).
Any cause of action by you with respect to the Munch System, must be instituted within one (1) year after the cause of action arose.
Some jurisdictions do not allow the exclusion or limitation of liability for personal injury or death, or of incidental or consequential damages, so the limitations above may not apply to you.
INTELLECTUAL PROPERTY RIGHTS OF MUNCH AND/OR OF OTHERS, AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR COPYRIGHT INFRINGEMENT.
The Munch System may enable access to certain third party websites, including (but not limited to) social media platforms that have a link on the Munch System (collectively, "External Sites").
We are not responsible or liable for the practices employed by External Sites linked to the Munch System, nor for the information or content contained therein.
Your browsing and interaction on any External Site, are subject to that External Site's own rules and policies.
WE DO NOT WARRANT OR ENDORSE ANY ADVERTISING, PRODUCTS, SERVICES OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SITES AND ARE NOT LIABLE FOR ANY LOSS AND/OR DAMAGE WHICH MAY BE INCURRED BY YOU OR ANY OTHER PERSON, AS A RESULT OF, AND/OR IN CONNECTION WITH, ANY RELIANCE PLACED BY YOU ON ANY OF THE ABOVE.
In addition, External Sites that may be accessed from the Munch System are not available in all languages or in all countries.
We make no representation that such External Sites are appropriate or available for use in any particular location. To the extent you chose to access such External Sites, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
We reserve the right, at any time and from time to time, without liability to us or notice, to change, suspend, remove, or disable your access to any External Services, and/or to impose limits on your use of, or access to, certain External Services.
'YouTube' and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of YouTube.com
'Instagram', ‘Facebook’ and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Meta.
'TikTok’ and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Bytedance.
'LinkedIn’ and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Microsoft.
'Twitter’ and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Twitter.
'Hotjar’ and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Hotjar.
'Discord’ and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Discord.
'TypeForm’ and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Typeform.
'Google Drive’ and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Google.
'SoundCloud’ and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of SoundCloud.
'DailyMotion and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of DailyMotion.
'Vimeo’ and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Vimeo.
'Adobe’ and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Adobe.
'Stripe' and any logos, artwork and Intellectual Property Rights associated therewith is/are the sole and exclusive property of Stripe.
Munch shall not be liable to you or any third party for the expiration, termination or suspension of your access to the Munch System, or any claims related to such expiration, termination or suspension.
You may not, without Munch' express prior written permission, (i) display ('frame') content of the Site (or any portions thereof) within another Internet site, or (ii) archive, cache or mirror the Site (or any portions thereof).
You agree that any ideas, remarks, comments, proposals, suggestions, recommendations, feedback, any other input and/or information that you may provide to Munch (collectively, "Feedback"), is entirely voluntary, and that Munch will be free to use any such Feedbacks if and as Munch will see fit, without any obligation or compensation to you or any other person sending the Feedback. Munch will have exclusive ownership of all present and future existing rights to any of Feedbacks of every kind and nature everywhere, and you hereby irrevocably assign to Munch all rights therein. Munch will not be required to treat any Feedback as confidential. You acknowledge that you are responsible for whatever material you submit, and will have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright. You hereby irrevocably waive and release Munch and its directors, officers, employees, partners, licensors and/or agents, from any claims and causes of action with respect to any Feedback and the use or non-use thereof by Munch.
You may not use or otherwise export or re-export the Munch System except as authorized by United States law and the laws of the jurisdiction in which the Munch System was accessed. In particular, but without limitation, the Munch System may not be exported or re-exported (a) into any countries subject to U.S. embargo and trade sanction programs, or (b) to anyone on, or acting on behalf of, the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entity List.
By using the Munch System, you represent and warrant that (i) you are not located in any country that is subject to a U.S. Government embargo or trade sanction programs, or that has been designated by the U.S. Government as a "terrorist supporting" country; that (ii) you are not listed on any U.S. Government list of prohibited or restricted parties and that (iii) you are not a Restricted Person. You also agree that you will not use the Munch System for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.
Notwithstanding the above, you agree that Munch shall be allowed to take any legal action against you in any jurisdiction.
Any questions, complaints, claims or other communication to Munch concerning the Munch System should be directed to: email@example.com.
Communications made to us by email will not constitute legal notice to Munch or any of its directors, officers, employees, partners, licensors and/or agents.
We may send you notices with respect to the Munch System by, email, regular mail, or postings on the Munch System, or by any other means reasonably designed to give you such notice.
All communications between Munch and you will be in the English language only.
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Last updated: November, 2022