These Terms of Service, as amended from time to time, together with the other terms, agreements and policies referenced herein (which constitute an integral part hereof) (these “Terms”) constitute a legally binding agreement between Wilco Tech Ltd., a company incorporated under the laws of Israel (the “Company”) and each user of the Company's Services (each, a “Customer”). The Terms govern the manner in which the Customer and its users (each, a “User”), if applicable, may use and access the Company's Services (as such terms are defined below).
The Customer's access or use of the Services signifies the Customer's agreement to be bound to these Terms. If Customer does not agree to these Terms, Customer may not register or use the Services.
The Services The Company offers its Customers: (i) online software development challenges for developers (the “Wilco Challenges ”), (ii) access to the Wilco community where users of the Services and other third parties may interact (the “Wilco Community”) and other related Content and services, and (iii) free Content, which is available to any visitor of the Company's websites and other platforms (the “Free Content ”, and, together with the Wilco Challenges and the Wilco Community - the “Services”) through its websites, platforms and applications (the “Platforms ”). Each Service may be provided separately or bundled with other Services. The term "Content" includes, without limitation, any content, service, materials, software, know-how, files, documentation, code, designs, graphics, text, media, music, audio files or other sounds, photographs, images, videos, illustrations, interactive features, methodologies, artwork, names, logos, trademarks and services marks, and any derivative thereof.
No Guarantee. COMPANY DOES NOT GUARANTEE THAT ANY SKILL, OUTCOME, RESULTS, SUCCESS OR OPPORTUNITIES WILL RESULT FROM THE PARTICIPATION IN THE WILCO CHALLENGES OR ANY OTHER USE OF THE SERVICES.
Limitations. Without derogating from Section 6.2 below, Customer may only use the Services for the Customer's own non-commercial personal use (the “Purpose”). The right to use and access the Services is granted only to the Customer and is limited, non-transferable, non-exclusive, non-assignable and non-sub-licensable. The Services may only be used by individuals who: (i) can form legally binding contracts under applicable law, and (ii) are of the age of eighteen (18) and above.
Modification or Discontinuation of the Services. The Company may change or update the Platforms and the Services at any time, including the availability of any feature or Content, and the Company may impose limitations or restrictions on certain features and Content or on the access or use of the Services, without notice or liability. Furthermore, the Company may offer alternative or additional features to certain customers, that may not be offered to others.
Free Trial; Free Services
Trial Services and Free Services. The Company may offer, from time to time, Free Content and some other Services on free trial versions or without any charge (“Trial and Free Services”). The Company reserves the right to modify, cancel and limit any Trial and Free Service at any time without any liability.
Pre-released Services. The Company may offer, from time to time, the Services in an alpha or beta versions (the “Pre-Released Services”) and will use best endeavors to identify such Pre-Released Services as such. Pre-Released Services are services that are still under development, and as such they may be inoperable or incomplete, and may contain bugs, suffer disruptions and/or not operate as intended and designated, more than usual.
Governing Terms of Trial and Free Services and Pre-released Services. The Trial and Free Services and the Pre-Released Services are governed by these Terms, provided that notwithstanding anything in these Terms or elsewhere to the contrary, in respect of Trial and Free Services and Pre-Released Services (i) such services are licensed hereunder on as “As-Is” “As Available” basis, with no liability or warranties, express or implied, of any kind; and (ii) IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF COMPANY, ITS AFFILIATES OR ITS THIRD-PARTY SERVICE PROVIDERS, UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SERVICES AND THE THIRD PARTY SERVICES), EXCEED US$ 1.00. The Company makes no promises that any Trial and Free Services and Pre-Released Services will be made available to the Customer and/or generally available.
Account Registration. In order to use to the Services, the Customer, or each User, if applicable, shall register and create an account (the “”). In the event that a User is the first user of the Services on behalf of a Customer, such User will automatically be considered the Customer’s administrator (the “”), unless and until such time as such role is transferred to another User of the Customer. The Administrator is considered a representative of the Customer for any and all purposes. The Company reserves the right to refuse a Customer's registration or to block Customer's access to the Services, at the Company's discretion.
Account Information. As part of the registration process, the Customer, or each User, if applicable, may be required to provide certain personal information (including, name, phone number, e-mail address, etc.) and to select a password. The Customer: (i) agrees to, or is responsible that each User shall, provide accurate, complete, and updated registration information; (ii) acknowledges that the Customer is solely responsible for the activity that occurs on the Customer's Account, or in the Accounts of its User, if applicable, and for the use of the Services by its Users; (iii) agrees to keep, and ensure that Users keep the Account credentials, including but not limited to the password used to access the account, secured at all times; and (iv) undertakes to notify the Company immediately of any breach of security or unauthorized use of the Account. The Customer will be solely responsible for any losses incurred by the Company or a third party, due to any unauthorized use of the Account by the Customer, its Users, if applicable, or any other third party.
Administrator Control. The Administrator shall have control over all Accounts and may have the ability to: (i) access information about Users’ activities; and (ii) monitor and manage Users’ Accounts. The Administrator may specify additional Users who will gain Administrator privileges.
Administrator Responsibility. The Administrator is responsible for the internal management and administration of the Services within the Customer’s Accounts. In addition, the Administrator is responsible for: (i) maintaining the confidentiality of the passwords of the Accounts; (ii) designating those individuals who are authorized to access the Accounts; and (iii) performing monitoring to ensure the protection of Customer's Users' privacy and compliance with applicable law.
Wilco Community, Additional Content and Interactions
The Wilco Community is operated by the Company, but not necessarily under the Company's control. The Company does not curate, monitor or moderate the Content published by Wilco Community members and third-parties, such as other teachers, students and guests, including, without limitation, (i) information and messages posted in forums or through other means of communication between members of the Wilco Community; and (ii) lessons and lectures provided by the Company's teachers and other guest speakers (“Additional Content”). In addition, as part of the Wilco Challenges, Customer may take part in personal or group training and mentoring sessions, provided by members of the Wilco Community, representatives of the Company or third-parties (“Sessions”). Customer acknowledges and agrees that Company and any other party involved in such Additional Content and Sessions shall not be in any way responsible or liable with respect to such Additional Content or Sessions. BY ACCESSING, PARTICIPATING AND/OR USING THE ADDITIONAL CONTENT AND SESSIONS, CUSTOMER ACKNOWLEDGES THAT THE CUSTOMER'S ACCESS AND USE OF THE ADDITIONAL CONTENT AND SESSIONS IS AT THE CUSTOMER'S SOLE DISCRETION AND RISK, AND THE COMPANY WILL NOT INCUR ANY LIABILITY WITH RESPECT THERETO.
General. While using the Services, Customer may provide certain information, code, content or data to be shared, published, displayed, processed or used by the Company through the Platforms or other Third Party Services (the “”). Customer Content may include but is not limited to forum posts, files, documents, texts, code, designs, graphics, audio files or other sounds, photographs, images, videos, illustrations and other content. As between the Customer and the Company, Customer shall remain the owner of all Customer Content.