Last updated: February 2023
These Terms of Use are a binding agreement between Augury Inc. or its affiliates, as applicable (“Company,” “us” “our” or “we“) and you, the person or legal entity who uses (the “User,” “you” “your“) this website and any of its subdomains, related forms, landing pages (together, the “Website“), and any content, material, product, service or feature provided or made available through the Website (together with the Website, the “Services“). These Terms of Use, together with any other agreements, policies (including the Privacy Policy available at: https://augury.com/privacy-policy and the Augury Community Guidelines attached hereto) or any other terms incorporated thereto by reference shall hereby be collectively referred to as the “Terms“.
By accessing or using our Services, you agree to these Terms. Your use of the Services is expressly conditioned on your compliance and consent with these Terms. If you do not agree to any of the provisions of the Terms you should immediately stop using the Services.
Use of and access to the Services are void where prohibited by law. By using the Services, you represent and warrant that (a) your use of the Services does not violate any applicable law or regulation, and (b) that you are 18 years of age or older (or above the age of majority as determined by the applicable law in your jurisdiction of residency).
We grant you a personal, non-transferable, non-exclusive, revocable, limited license to access and use the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
Without derogation from any other restrictions on your use of the Services contained herein or elsewhere in these Terms, you may only use the Services for lawful purposes, and you will not:
The Company owns (or has valid authorizations or licenses required for) the Services, as well as the materials provided through its Services, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein (subject to such trademarks, service marks, and logos which are expressly denoted as belonging to third parties). All rights in the foregoing and all rights not expressly granted hereunder are reserved by the Company to the fullest extent permitted under any applicable law. In addition, we will own any intellectual property in respect of features or functionalities of the Services that are based on your suggestions, improvements or feedback. You hereby grant us a license to use the data inputted by you for the purpose of using the Services or facilitating the use of the Services, including any feedback, comments or suggestions provided by you to enable us to provide the Services or to incorporate the feedback into the Services.
Except as expressly permitted herein, you may not copy, modify, duplicate, distribute, display, perform, sublicense, decipher, decompile, reverse engineer, translate, port, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services, any content appearing on the Services, or any material that is subject to our proprietary rights. You may not use any of the foregoing to create any software or service similar to the Services.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of the Company or any third party.
You may not or attempt to (a) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; (b) use any robot, spider, website search or retrieval service, 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 Service; or (c) harvest, collect or mine information about users of the Services.
We take all breaches of our Terms seriously and if we do consider that a breach of these Terms has occurred, we may take such action as we deem appropriate, which may extend to any one or all of the following (without limiting any right or remedy available to us under applicable laws):
We exclude our liability for all actions we may take in response to breaches of our Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
The Services may contain links to websites or services that are not maintained by the Company. Links to third party websites or services are provided for your convenience and information only. Third party websites and services are not under the Company’s control and the Company is not responsible for the content or accuracy of those websites or services offered on or through those links. The inclusion of a link through the Services does not imply the Company’s endorsement of the third party website or services or that the Company is affiliated with the owners or sponsors of those websites or services.
You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites, services, resources or advertisements, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. We recommend that you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each other website or services that you visit or use.
THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILBLE” AND “WITH ALL FAULTS” BASIS, AND COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF THE SERVICES, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. THE USE OF THE CONTENT PROVIDED IN THE SERVICES IS AT THE USER’S SOLE RESPONSIBILITY AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR, AND SHALL NOT BE HELD LIABLE, IN ANY WAY, FOR ANY DAMAGE OR LOSS THAT MAY BE CAUSED, EITHER DIRECTLY OR INDIRECTLY, DUE TO THE USE OF THE SERVICES. THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS, WILL BE FREE FROM VIRUSES OR THAT DATA AND CONTENT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOLWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR DATA STORED ON IT, IS SOLELY YOURS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMLPOYEES AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, OR IMPROPER USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE SERVICES IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
You shall defend, indemnify, and hold harmless the Company, its affiliates and each of their employees, contractors, directors, officers, suppliers, agents, service providers and representatives from all liabilities, losses, claims, and expenses (including without limitation to reasonable attorney’s fees), including, but not limited to, with respect to any third party claims that arise from or relates to:
(a) your access, use or misuse of the Services;
(b) your breach of any provision of these Terms or of any applicable law, contract, policy, regulation or other obligation;
(c) your negligence, intentional misconduct, or fraud.
The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with the Company in connection therewith.
We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, in whole or in party, the Services without notice, at any time. You agree that your continued use of the Services following such modifications constitutes your acceptance of such modifications.
These Terms commence upon your first use of the Services and will remain in effect until terminated or expired. You may stop using the Services at any time, at your sole discretion. The Company may stop providing the Website, and may terminate use of it at any time upon its sole discretion without giving notice of termination to you. Upon any termination, (a) the rights granted to you in these Terms will end; (b) you shall stop using the Services.
The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive.
Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General sections, will survive the termination or expiration of the Terms.
These Terms are governed by the laws of Israel, and the competent courts of Tel Aviv shall have exclusive jurisdiction over all disputes between the parties related to these Terms; notwithstanding the foregoing, the Company may file a suit for collection of payment in any country where you or your entity are located.
Changes to Terms. Company may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Website. You are responsible for checking the Website regularly for such changes. By continuing to access or use the Services you agree to be bound by the revised Terms.
Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
Waiver. No failure or delay on the part of any party in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Company.
Entire Agreement. These Terms contain the entire agreement between Company and you relating to your use of the Services and supersedes any and all prior agreements between Company and you in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by Company in these Terms.
Assignment. You may not assign your rights or delegate your obligations under these Terms without Company’s prior written consent. Any purported assignment contrary to this section will be null and void and without effect. Company may assign its obligations under these Terms without your consent and without notice or obligation to you.
No Third-Party Rights. There are no third-party beneficiaries to these Terms.
Force Majeure. Company shall not be responsible for any failure to perform any obligation or provide any service hereunder because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, and/or (d) other similar cause beyond Company’s reasonable control. For the avoidance of doubt, any problems relating to the hosting of the Services shall not be deemed within Company’s reasonable control.
If you have any questions about these Terms or about the Company in general, please contact us using the “Contact Us” form available here: https://augury.com/contact.
Please note that depending on the nature of your inquiry, and in order to allow the appropriate handling thereof, we may request that you provide additional information.
Thank you for being part of the Augury Community (the “Community”). To ensure the best experience for all members, we have put together some basic guidelines for participation. By joining and using the Community, you agree that you have read and will follow these guidelines. In order to preserve an environment that encourages both kind and productive conversations, we reserve the right to suspend or end membership in the Community of anyone who doesn’t follow these rules, without derogation from any right or remedy available to us under applicable law.
BE KIND!
The Augury Community is a resource for all Augury users – a place to share knowledge, skills and experience through ongoing conversation. Together, let’s build a collaborative environment and ensure everyone feels welcome to participate and contribute.
If we need to, we’ll edit, remove or merge content as we deem fit to maintain the quality of content in the Community.
Posts that are mean (you know – hateful, inflammatory, harassing, etc.) will have to be taken down. As your parents might have said, if you don’t have something nice to say, just don’t say it.
It is OK to disagree, but be sure to politely criticize ideas, not people. Focus on the content of posts and not on the people making them. Please extend the benefit of the doubt to newer guests and members; there’s no such thing as a stupid question.
Respect intellectual property. Only post content that you have personally created or have permission to use and have properly attributed to the content creator.
Maybe your question has already been asked. Do a search first before posting!
Short and clear titles are faster to read and make it easier for everyone to search for content.
Utilize the tagging feature when searching for content and add tags to your posts.
Try to stay on the original topic within a thread – if you want to talk about something else than the original post, please create a new thread.
We’d love to hear your successes, challenges, constructive feedback, questions and goals, instead of products or services that you provide. If you’ve found a product or service helpful, please share your experience, but don’t try to sell.
You, as a Community member, are not allowed to send unsolicited direct, private messages offering your services to other users.
Information posted on the discussion groups is available for all to see. All content is subject to libel, slander and antitrust laws.
Remember when you posted that question and needed help right away with an answer? Being an active member of the Community (like adding your own comments and feedback to other questions, not just your own) helps everyone get the answers they need when they need help.
Try to provide full, complete and reproducible information so Community members can answer your question. Unfortunately, vague questions will only get vague answers.
Send messages such as “thanks for the information” or “me too” to individuals, not to the entire thread.
Update your notifications in each category, group and in your profile to ensure that you don’t miss relevant posts.
If you are changing email addresses, you do not need to remove yourself from the Community and rejoin under your new email address. Simply change your profile.
Augury users are a brilliant group of leaders. Trust us, our team learns something new from you all every day! We built this Community to provide a space where all of our users can connect and share ideas, use cases, experiences and custom solutions about how they use Augury. Take advantage – leverage the cumulative knowledge of this group to power your own success.
Fill out your entire profile to give others a sense of your expertise and experience when they are reading your posts – the more information, the better. Your email will be hidden by default and will only be made public if you choose to make it public.
Contact others in the Community by either mentioning them in a post with the @ symbol or sending them a message directly from your inbox.
The relationships you build with your fellow Community members are your own. When connecting with someone one-on-one we recommend you look at a user’s profile and their history of comments, check their LinkedIn profile, or do some research on your own before teaming up!
For questions related to how you’ve implemented things in your environment, ask your Augury customer support manager to log a case with Augury Support or submit your issue to support@augury.com. Your customer success manager can assist you with escalating issues and troubleshooting possible authorization or security bugs.
Never describe potential security vulnerabilities or inappropriate authorization bugs in Community posts.
The Augury team makes its best efforts to make sure content is easy to find and everyone is following the guidelines outlined here. However, there are a lot more of you than there are of us, so be sure to send any feedback or comments our way!
Message the Community manager about any post that you believe is inappropriate or out of place and we will review it.
Send any feedback about how we can improve the community experience to our team by emailing the Community manager.
All comments and statements by Augury regarding features, functionality and services that are not currently available, statements relating to the expected performance or benefits of our offerings, and any other statements of expectation or belief are subject to inherent uncertainties, risks and changes in circumstances that are difficult to predict and many of which are outside of our control. Therefore, you should not rely on any forward-looking statements that we may make.
As used herein, “User Content” means any material Community members upload, comments they post, or other content that Community members provide to the Community.
