Terms and conditions

    1. Description

      SortExpress is a web application for tracking web traffic and generating reports. It is hosted on SortExpress's servers and accessed through sortexpress.com. Clients require an internet connection and Java-supported web browser. Subscribing to SortExpress Platform involves selecting conditions and access level through a plan, determining available features and benefits.

    2. Access

      1. SortExpress grants the Client a non-exclusive right to use the SortExpress Platform during the Term in accordance with the stated conditions.
      2. Before the first invoice is issued, the Client must provide company details and contact information to SortExpress.
      3. Access to the SortExpress Platform requires logging in with the Client's email address and password associated with their website domain. Proof of authorization may be requested by SortExpress.
      4. The Client is solely responsible for their use of the SortExpress Platform, including ensuring security measures are in place to protect against unauthorized access.
      5. SortExpress will only access the Client's account for administrative or support purposes.
      6. Each Client should have only one active account, and outstanding balances must be settled before opening a new account.
      7. SortExpress reserves the right to refuse services to a second Client if an account is opened on behalf of another Client.
      8. The Client must use business credit cards for payment. Any costs incurred due to the use of consumer cards will be repaid by the Client, who waives the right to claim damages. SortExpress is authorized to charge the relevant amounts to the Client's credit card.
      9. SortExpress grants the Client the right to use the Dedicated Domain exclusively for accessing and utilizing the SortExpress Platform services during the chosen Plan. SortExpress may provide an SSL certificate for the Dedicated Domain, solely for use in the Client's campaigns on the SortExpress Platform.
      10. The Client can add their own domain (Custom Domain) to their account on the SortExpress Platform and have the option to use SSL for the Custom Domain. Upgrading to a custom plan with a Custom Domain and SSL requires following the instructions provided by SortExpress. Additional monthly payments may be required for upgrading to the custom plan with SSL for the Custom Domain.
      11. The Client is the owner of the Custom Domain. They can use the Custom Domain with SSL exclusively for accessing and utilizing the SortExpress Platform services during the term of the Plan.
      12. Changes to the Custom Domain, including deletion or replacement, require prior approval from SortExpress and may be subject to additional payment. SortExpress reserves the right to choose the SSL certificate for the Custom Domain.
      13. The Client is solely responsible for the use of the SSL certificate and compliance with the Terms and Conditions and applicable laws. SortExpress reserves the right to refuse the Client's request for an SSL certificate or deactivate the certificate if it is not used or if the Client breaches the Terms and Conditions or misuses the certificate.

    3. The Client’s requirements

      1. The Client must provide accurate and up-to-date information to SortExpress and is fully responsible for any inaccuracies or incorrect data provided. The data on the invoice must match the information provided by the Client.
      2. The Client cannot enter another entity's data without SortExpress's consent. Any changes to the data must be accurately communicated to SortExpress with supporting documentation.
      3. If the Client is an individual, they represent that they are at least 18 years old, have legal capacity, and are running a business (not a consumer).
      4. If signing up on behalf of an employer or entity, the person represents that they have legal authority to bind the employer or entity to the Terms and Conditions. SortExpress may request proof of authorization.
      5. The Client must access the SortExpress Platform only through the means provided by SortExpress.
      6. The Client must not disrupt or interfere with the operation of the SortExpress Platform or other services. Prohibited activities include hacking, spamming, and using unauthorized software. SortExpress reserves the right to determine violations and enforce restrictions.
      7. The Client must not attempt unauthorized access to other Clients' accounts or SortExpress servers, systems, or networks.
      8. The Client must not obtain unauthorized information or manipulate SortExpress Platform, websites, or servers.
      9. The Client must not use SortExpress Platform services, domains, or SSL certificates in an illegal, offensive, or immoral manner. Prohibited activities include pornography, advertising prohibited products, harassment, and impersonation. SortExpress may suspend services and block accounts for violations.
      10. The Client must ensure their materials are free from viruses and other malicious code.
      11. SortExpress may ban a Client's account for breaching the Terms and Conditions, with no entitlement to a refund. In exceptional cases, SortExpress may consider restoring services as per the chosen Plan.

    4. Intellectual Property

      1. The Client shall not rent, lease, sublicense, distribute, transfer, copy, modify, adapt, translate, decompile, or reverse engineer SortExpress
      2. The Client shall not use SortExpress to create derivative works.
      3. The Client shall not infringe upon or violate any third-party intellectual property rights, engage in defamation or invasion of privacy, impersonate others, or violate any applicable laws while using SortExpress

    5. The End users’ data

      1. When using SortExpress, the Client may collect and use data related to end users' activities, such as IP addresses, browsing behavior, and device-related information. SortExpress does not collect personally identifiable information by itself, such as names or contact details. Detailed information about the types of data collected or used by the Client can be found in SortExpress's Data Processing Agreement and End User Privacy Policy.
      2. If any of the collected data qualifies as personally identifiable information or personal data under the EU General Data Protection Regulation (GDPR), the processing of such data will be governed by SortExpress's Data Processing Agreement (DPA). The DPA is an integral part of these Terms and Conditions. The Client is acknowledged as the Controller or Processor of the Personal Data, while SortExpress is recognized as the Processor or Sub-Processor, as defined by the GDPR and the DPA. The Client ensures that SortExpress is authorized to collect, use, and transfer data on their behalf for providing SortExpress services as outlined in the DPA.

    6. Service Standards

      1. SortExpress reserves the right to modify SortExpress without liability and without prior notice.
      2. SortExpress is not obligated to review or control the Client's use of SortExpress or the content transmitted through it. The Client is solely responsible for their use of SortExpress and any associated content.
      3. SortExpress may ban a Client's account and deny access to SortExpress services in the event of a breach of the Terms and Conditions.

    7. Proprietary Rights

      SortExpress retains all rights to use algorithms, computation methods, and processed data necessary for the functioning of SortExpress Platform, including intellectual property rights. The Client's materials, such as ads and campaigns, remain their exclusive property, including any associated intellectual property rights.

    8. Support

      SortExpress is not obligated to provide support to the Client but may choose to do so at its discretion. Technical support, if provided, will be available in English during working days, Monday through Friday, from 9:00 to 17:00 Eastern European Time. More information on technical support can be found on the SortExpress website.

    9. Confidentiality

      1. The Client agrees to keep all proprietary and confidential information obtained through their access to SortExpress Platform confidential, unless authorized by SortExpress. This includes Personal Data, trade secrets, programming code, and other confidential information ("Confidential Information"). The Client must not disclose or make any part of the Confidential Information available to others, except as expressly permitted. They are required to take reasonable measures to protect the confidentiality of SortExpress's Confidential Information and immediately notify SortExpress of any unauthorized access or disclosure. Any breach of confidentiality may result in the immediate termination of the Client's account.
      2. The Client is also obligated to comply with legal obligations regarding the disclosure of Confidential Information, notifying SortExpress in advance and disclosing only the minimum necessary. The obligation to maintain confidentiality extends throughout the agreement and for 20 years after its termination.

    10. Indemnification

      The Client is responsible for indemnifying, defending, and holding SortExpress (including SortExpress Parties) harmless from any liability, claims, losses, and expenses arising from the Client's breach of these Terms and Conditions or their use of SortExpress Platform. This includes claims related to website ownership or infringement of third-party intellectual property rights. SortExpress will notify the Client of any such claim and cooperate with them in defending or settling it. The Client must not settle any claim without SortExpress's prior written consent. If the Client fails to defend a claim within thirty (30) days, SortExpress may defend it at the Client's expense.

    11. Limitation of Liability

      1. SortExpress and its affiliates, along with their respective officers, directors, employees, and agents ("SortExpress Parties"), are not responsible for third-party content. The SortExpress Parties do not make any warranties, express or implied, regarding the use of SortExpress , including its success, the number of end users, or the error-free nature of SortExpress. The Platform is provided "as is" and the Client assumes all risks. The SortExpress Parties disclaim liability for any consequential, incidental, or indirect damages arising from the Terms and Conditions or the use of SortExpress. If the limitation of liability is deemed invalid, the total liability of SortExpress Parties shall not exceed the amount paid for the last campaign.
      2. In the event that SortExpress services are not provided for more than 7 days, the Client may request compensation if all issued invoices are settled. However, the compensation cannot be deducted from the invoice issued by SortExpress or lead to the issuance of a corrective invoice.

    12. Term

      These Terms and Conditions are effective upon the Client's registration and acceptance as a SortExpress user. By using SortExpress , you are agreeing to be bound by these Terms and Conditions. All individuals or entities acting on behalf of the Client must also comply with these Terms and Conditions.The Agreement between SortExpress and the Client may have a fixed or indefinite duration. The services are provided on a month-to-month basis.

    13. Termination

      1. The Subscription to SortExpress services will continue until either SortExpress terminates it or the Client cancels it through the SortExpress Platform panel or by contacting SortExpress Customer Support. SortExpress shall not be liable for any consequences resulting from such termination.
      2. 1. To avoid automatic renewal of an annual or longer Plan, the Client must provide written notice of non-renewal at least sixty (60) days prior to the end of the current Plan.
      3. In case of termination, no refunds of fees will be provided. Any outstanding balance for SortExpress Platform usage until the termination date and other unpaid obligations for the billing period must be paid immediately. All data, files, or information stored in the Client's account will no longer be accessible except as outlined in the Data Processing Agreement (DPA).
      4. Termination of this Agreement automatically revokes the Client's right to use SortExpress Platform.

    14. Modifications

      1. SortExpress reserves the right to modify the Terms and Conditions or billing plans at its discretion and in accordance with applicable law. Any changes will be effective after providing the Customer with a notice period of at least 2 weeks. Modifications to billing plans take effect from the next billing period.
      2. By continuing to use SortExpress Platform after the effective date of the notice, the Client agrees to and accepts the changes. If the Client does not wish to be bound by the new Terms and Conditions, it must terminate the agreement by providing an email notice at least one day before the effective date of the changes.If any changes to the Terms and Conditions occur during the notice period, the previous terms will apply to the parties' relationship until the changes take effect.

    15. Payments

      1. The Client must provide SortExpress with a valid Payment Method and billing details to access SortExpress Platform services, subject to point 3.2.
      2. Upon registration and at the start of each Plan, the Client's Payment Method will be charged the Subscription Fee as outlined in the 'Pricing' section or as individually agreed. The Billing Cycle begins when the invoice is issued and lasts for the purchased period. Access to the account is granted once the full Subscription Fee is credited to SortExpress. If there is no corresponding day in a month, the Billing Cycle ends on the previous or following day at SortExpress's discretion. Changes to the Subscription may affect the Billing Cycle start date.
      3. Plans are structured based on the number of Events, which include visits, clicks, and conversions. If the total number of Events exceeds the Plan's limit, the Client will be billed for the extra Events (Overages) incurred during the previous Billing Cycle. Overage charges are determined by the Plan. SortExpress may choose not to count Events exceeding the limit on an individual basis.
      4. The total Subscription Fee depends on the chosen Plan, cost of Overages, and any additional features, services, or modifications not included in the pricing plan. For more information, refer to the 'Pricing' section.
      5. Monthly Subscriptions are automatically renewed, and the Subscription Fee is charged on a monthly basis using the chosen Payment Method. If the Billing Cycle starts on a day not included in a month, SortExpress reserves the right to bill according to the Payment Method and point 15.2.
      6. Annual and longer Plans require payment in advance. Overage charges also apply to annual Plans. SortExpress may sign additional agreements (Insertion Orders) with Clients who choose longer than 12-month Plans or individually agreed Plans. Discounts may be applied to Subscription Fees, reducing the invoiced amount.
      7. Each annual or longer Plan is automatically renewed for a term corresponding to the chosen Plan's duration. To prevent automatic renewal, the Client must provide written notice of intent not to renew at least sixty (60) days before the current Plan's end. The Subscription Fee is non-refundable if the Client terminates the Agreement, including prepaid fees for the current Plan.
      8. Upgrading to a new Plan takes effect immediately, while downgrading occurs at the end of the current validity and is non-refundable.
      9. The Client must cancel the Subscription before it renews to avoid billing for the next Billing Cycle. Cancellation can be done in the SortExpress Platform panel/Settings/Billing & Subscription tab or by contacting SortExpress Customer Support via email.
      10. Failure to charge the Client's credit card may result in account suspension or termination. The Client is responsible for all reasonable expenses incurred by SortExpress in collecting due amounts, including attorneys' fees, plus interest at the highest rate allowed by Polish law.
      11. All payments are in United States Dollars. The Client's account is debited with corresponding fees based on current rates.
      12. SortExpress reserves the right to change its payment policies at any time at its discretion.
      13. Generally, SortExpress does not grant refunds. The Client is not entitled to a refund of any expenses or costs incurred due to the use of SortExpress services, including the Subscription Fee if the Client terminates the Subscription before the chosen Plan's period ends.
      14. Some transactions may require Strong Customer Authentication (SCA) as per the policies of relevant payment providers to enhance security.
      15. By accepting the Terms and Conditions, the Client authorizes SortExpress to charge variable recurring amounts monthly from the Client's card for the Subscription Fee and prospective Overages without further action required (merchant-initiated transactions). SCA may be required for the first transaction.
      16. Variable recurring amounts are charged based on the chosen Plan and the calculated Overages as described in point 15.3.
      17. The specific multi-factor authentication requirements and SCA depend on the payment provider's policy used by the Client for payment.
      18. The implementation of SCA requirements may involve increased processing of the Client's Personal Data by payment providers. It is recommended to review the privacy policies of the payment providers and SortExpress.

    16. General

      1. The Client is responsible for paying applicable taxes and duties, excluding sortexpress income taxes on profits and value-added tax if required by law. The Client shall reimburse sortexpress for any taxes or duties paid by sortexpress.
      2. All agreements between SortExpress and the Client are governed by the laws of Israael, without applying the United Nations Convention on Contracts for the International Sale of Goods.
      3. Any litigation related to these Terms and Conditions shall be brought exclusively in the court in Holon, Israel. The parties submit to the jurisdiction of these courts and waive the procedures for service of process under the Hague Convention. They also waive any objection to the venue of such litigation.The parties waive the right to a jury trial in any action or proceeding related to these Terms and Conditions.
      4. These Terms and Conditions solely benefit the Client and SortExpress, and no other person or entity has rights under them.. The Client cannot assign its rights or delegate its duties without prior written consent from SortExpress. However, SortExpress can assign its rights and obligations to a third party without separate consent from the Client.
      5. These Terms and Conditions bind and benefit the successors, assigns, heirs, executors, and administrators of SortExpress and the Client. The relationship between SortExpress and the Client is that of independent contractors.
      6. Neither party is in default of these Terms and Conditions if performance is delayed or prevented by an event of force majeure.
      7. Waivers of breaches, failures, rights, or remedies under these Terms and Conditions must be in writing. No failure or delay by SortExpress in exercising any right shall waive that right, and the rights and remedies provided are cumulative.
      8. These Terms and Conditions constitute the final, complete, and exclusive statement of the terms of use between SortExpress and the Client.If any provision of these Terms and Conditions is found to be illegal, unenforceable, or invalid, the remaining provisions shall remain in effect.
      9. If SortExpress prevails in any legal action arising from these Terms and Conditions, it is entitled to recover its reasonable attorney's fees and costs.
      10. Headings in these Terms and Conditions are included for convenience and do not affect the interpretation of the provisions.Notices and communications related to these Terms and Conditions are generally done by email.
      11. Certain sections, such as Intellectual Property, Confidentiality, and Indemnification, survive termination or expiration of these Terms and Conditions.
      12. Each party acknowledges having the opportunity to seek legal counsel and understanding the terms of these Terms and Conditions. These Terms and Conditions are not construed against either party based on its drafting.