This is a legally binding end-user license agreement (the “License Agreement”). Please read it carefully. By clicking "I Agree" or installing or using the SlideMagic App and any updates to such App (collectively, the "App") provided by SlideMagic Ltd. ("SlideMagic" or "we") you agree to be bound by the terms of this License Agreement.
1.1. App License. Subject to the terms herein, SlideMagic hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable right to install and use the App solely on the device to which you have downloaded the App (the "Device") and only for the purpose of creating and editing presentation templates. You shall be solely responsible to ensure that the App is properly installed and used.
1.2. Prohibited Uses. Other than the rights explicitly granted in this Agreement, you shall have no other rights, express or implied, in the App. Without limiting the generality of the foregoing, you agree and undertake not to, and not to allow any third party to: (i) sell, lease, sublicense or distribute the App, or any part thereof, or otherwise transfer the App; (ii) reverse engineer, decompile, disassemble, or otherwise reduce to human-perceivable form the App’s source code and/or any third party software provided by SlideMagic; (iii) modify, revise, enhance, or alter the App; (iv) copy or allow copies of the App to be made, unless expressly permitted herein; (v) represent that you possess any proprietary interest in the App; (vi) use the App in any illegal manner or for unlawful purposes.
1.3. Title & Ownership. The App is the property of SlideMagic or its licensors and any disclosure or unauthorized use thereof will cause irreparable harm and loss to SlideMagic or its licensors. All right, title and interest in and to the App, any derivatives thereof and modifications thereto, including associated intellectual property rights, evidenced by or embodied in or attached, connected or related to the App, are and will remain with SlideMagic or its licensors. This License Agreement does not convey to you any interest in or to the App, but only a limited right of use in accordance with the terms herein. Nothing in this License Agreement constitutes a waiver of SlideMagic or its licensors’ intellectual property rights under any law.
1.4. Third Party Software. The App may include third party components, which are made available pursuant to different terms than those contained herein. Please see for additional notices required by our licensors.
2.1. Payments. SlideMagic may offer the opportunity to purchase access to certain features of the App by means of one-time or recurring payments (“Subscription”). These payments require you to have a valid method of payment, such as a credit card or debit card (a "Payment Method"). Payments will be processed by Paywhirl, SlideMagic BV, or another third party credit card processor. You are responsible for all charges incurred in connection with your payments.
2.2. Subscriptions. By selecting a Subscription, you agree to pay the subscription fee (the "Subscription Fee"). The Subscription Fee will be charged to your Payment Method immediately following confirmation of your Subscription purchase..
3.1. Performance. We do not guarantee that the App will operate in an uninterrupted or error-free manner, or that it will always be available, free from errors, omissions or malfunctions. Without limiting the foregoing, in no event will SlideMagic be responsible for any slow-downs, failures or other malfunctions that are caused by your breach of this Agreement.
3.2. Assumption of Liability. You are solely and exclusively responsible: (i) for all actions you take in response to your usage of the App; (ii) to check for any alerts or warnings issued by the App and determine what actions are appropriate in light thereof; and (iii) to carry out such actions as you deem appropriate as a result of your usage of the App. We are not responsible or liable for your reliance upon, or use of, the App, your actions in connection with the App, or any consequences resulting therefrom.
3.3. ALTHOUGH WE USE SKILL AND EFFORTS TO DEVELOP THE APP AND HAVE THE APP PROVIDE ACCURATE, RELIABLE, EFFECTIVE AND ACTIONABLE DATA, WE DO NOT GUARANTEE, MAKE NO REPRESENTATION, AND PROVIDE NO WARRANTY ABOUT THE RELIABILITY, EFFECTIVENESS, ACCURACY OR COMPLETENESS OF THE APP, THE EXPECTED RESULTS, OUTCOMES OR ANY OTHER OPERATIONAL BENEFITS FROM UTILIZING THE APP.
3.4. THE APP IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SLIDEMAGIC AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH THE APP IS TO IMMEDIATELY UNINSTALL THE APP AND CEASE USE OF THE APP. SLIDEMAGIC DOES NOT REPRESENT OR WARRANT THAT THE APP WILL OPERATE CONTINUOUSLY, UNINTERRUPTED, OR BE ERROR-FREE.
3.5. SLIDEMAGIC SHALL IN NO WAY BE LIABLE TO YOU IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING TO THE APP OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR DEVICE OR YOUR ABILITY TO USE IT, AND SLIDEMAGIC RESERVES THE RIGHT TO TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS (IF ANY) SAVE THAT SLIDEMAGIC IS NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK OR SYSTEMS OR SIMILAR SERVICES.
IN NO EVENT SHALL SLIDEMAGIC HAVE ANY LIABILITY TO YOU UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT. IN NO EVENT WILL SLIDEMAGIC BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT SLIDEMAGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.1. You agree to indemnify and hold harmless us and our directors, officers, employees, and contractors, upon our request and at your own expense, from, and against, any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, arising from any complaint, claim, plea, or demand brought by a third party in connection with, arising from or otherwise related to (a) your breach of this Agreement or (b) your gross negligence or willful misconduct.
5.2. If we seek indemnification from you, we will provide you with (i) prompt written notice of any indemnifiable claim; (ii) reasonable assistance and cooperation in the defense of such indemnifiable claim and any related settlement negotiations, at your expense; and (iii) exclusive control over the defense or settlement of such indemnifiable claim, provided, however, that we may settle or reach compromise on any such claim without your consent, if and to the extent such settlement or compromise does not impose any liability (monetary, criminal or otherwise) on you. We will have the right to participate, our own expense, in the defense (and related settlement negotiations) of any indemnifiable claim with counsel of our own selection.
SlideMagic may terminate this License Agreement at any time without cause without any requirement of notice. Upon any such termination or expiration, you shall no longer be permitted to use the App, and shall delete all copies of the App in your possession.
The laws of the State of Israel shall apply to this License Agreement and the exclusive place of jurisdiction in any matter arising out of or in connection with this License Agreement shall be the competent courts of Tel-Aviv. Subject to the following sentence, each party hereto hereby expressly consent to the exclusive personal jurisdiction and venue of such courts, and waive any objections related thereto including objections on the grounds of improper venue, lack of personal jurisdiction or forum non conveniens. Notwithstanding the foregoing, we may also lodge a claim against you: (a) pursuant to the indemnity clause above, in any court adjudicating a third party claim against us; and (b) for interim, emergency or injunctive relief in any other court having general jurisdiction over you.
This Agreement constitutes the entire agreement between the parties. SlideMagic may modify the terms of this License Agreement by making the updated version of this License Agreement available through the App, without requiring any further notice to you. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Agreement shall continue in full force and effect. You shall not assign this Agreement without SlideMagic’s prior written approval, and any such purported assignment shall be null void. No waiver of any breach shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Sections 1.2, 1.3, 1.4, 4, 5, 7 and 8 shall survive the termination of this Agreement.
Last Revised: May 23, 2019
What type of information we collect
We may collect two types of data and information from our Users.
The first type of information is un-identified and non-identifiable information pertaining to you, which may be made available or gathered via your use of the Services ("Non-personal Information"). We are not aware of the identity from which the Non-personal Information is collected. Non-personal Information which is collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information about your device (e.g., the device you use, the type of browser and operating system your device uses, language preference, access time and the website's domain name from which you linked to the Services, etc.), in order to enhance the functionality of the Services. We may also collect information about your activity on the Services (e.g., clicks, actions, online browsing, etc.).
The second type of information is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual ("Personal Information"). Such information may include:
For avoidance of doubt, if we combine Personal Information with Non-personal Information, the combined information will be treated as Personal Information as long as it remains combined.
Cookies and Google Analytics
A "cookie" is a small piece of information that a website assign to your device while you are viewing a website. Cookies are very helpful and may be used for various different purposes. These purposes include, among other things, allowing you to navigate between pages efficiently, enabling automatic activation of certain features, remembering your preferences and making the interaction between you and the Services quicker, easier and smoother.
Our website may use the following types of cookies:
You may remove the cookies by following the instructions of your device preferences. However, if you choose to disable cookies, some features of the Services may not operate properly and your online experience may be limited.
How we use the information
With whom we share the information and for what purpose
We may share Personal Information with the following recipients: (i) our subsidiaries; (ii) affiliated companies; (iii) subcontractors and other third-party service providers; (iv) auditors or advisers of our business processes; and (v) any potential purchasers or investors in the Company.
We may also disclose Personal Information, or any information you submitted via the Services if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies, including investigations of potential violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our affiliates, our Users, yourself or any third-party; (vi) for the purpose of collaborating with law enforcement agencies; and (vii) in case we find it necessary in order to enforce intellectual property or other legal rights.
Third-party collection of information
Our policy only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties via the Services (e.g., by clicking on a link to any other website or location) or via other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them.
For how long we retain the information
We respect your privacy rights and therefore you may contact us at any time and request: (i) to access, delete, change or update any Personal Information relating to you (for example, if you believe that your Personal Information is incorrect, you may ask to have it corrected or deleted); or (ii) that we will cease any further use of your Personal Information (for example, you may ask that we will stop using or sharing your Personal Information with third-parties) or that we shall remove your Personal Information (subject to any other legal obligation that may require us to keep the information).
Please note that unless you instruct us otherwise we retain the information we collect for as long as needed to provide the Services and to comply with our legal obligations, resolve disputes and enforce our agreements.
We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.
If you wish to raise a complaint on how we have handled your Personal Information, please contact us directly at firstname.lastname@example.org.
If you are not satisfied with our response or believe we are collecting or processing your Personal Information not in accordance with the laws, you can complain to the applicable data protection authority.
How we protect your information
We take great care in implementing and maintaining the security of the Services and your information. We employ industry standard procedures and policies to ensure the safety of your information, and prevent unauthorized use of any such information. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse the Services, and we make no warranty, express, implied or otherwise, that we will prevent such access.
If you feel that your privacy was treated not in accordance with our policy, or if any person attempted to abuse the Services or acted in an inappropriate manner, please contact us directly at email@example.com.
We may use a third-party advertising technology to serve advertisements when you use the Services. This technology uses your information with regards to your use of the Services to serve advertisements to you (e.g., by placing third-party cookies on your web browser). We may also use our third-parties and share with them Users’ information to assist us in evaluating the success of our advertising campaigns and help us retargeting our Users.
You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative ("NAI") and the Digital Advertising Alliance ("DAA"). For more information about this practice by NAI and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: http://optout.networkadvertising.org and http://optout.aboutads.info.
We may use your Personal Information, such as your full name, email address, etc. ourselves or by using our third-party subcontractors for the purpose of providing you with promotional materials, concerning the Services.
Out of respect to your right to privacy we provide you within such marketing materials with means to decline receiving further marketing offers from us. In addition, at any time, you may request to unsubscribe and discontinue receiving marketing offers by sending us a blank message with the word "remove" to firstname.lastname@example.org.
Please note that even if you unsubscribe from our marketing mailing list, we may continue to send you service-related updates and notifications.
The Services are not designated to individuals under the age of 16. If you are under 16 years old, you should not use the Services, or provide any Personal Information to us.
We reserve the right to access and verify any Personal Information collected from you. In the event that we become aware that an individual under the age of 16 has shared any information, we will discard such information. If you have any reason to believe that a minor has shared any information with us, please contact us at email@example.com.
Advertising ID and Advertising Identifier
The Google Advertising ID is an anonymous identifier, provided by Google Play services. If your device has an Advertising ID, we may collect and use it for advertising and user analytics purposes. We may also use Apple's Advertising Identifier (IDFA), which is a non-permanent device identifier provided by Apple, and any information obtained through the use of the Advertising Identifier, for the purpose of advertising.
By using the Services you explicitly agree that we may associate your Advertising ID and your Advertising Identifier with your applicable persistent device identifier. This will facilitate our ability to improve your personalized experience. Further, we may use other persistent identifiers for non-advertising purposes. If your device does not have Advertising ID or Advertising Identifier respectively, we will use other identifiers.
How to contact us
If you have any general questions regarding the Services or the information that we collect about you and how we use it, please contact us at firstname.lastname@example.org.
Information about us
The details of the Company are as follows:
SlideMagic Ltd. 10/227 Herzl Rosenblum St. Tel Aviv, Israel, 6937957
The SlideMagic app uses open source software components. We are very grateful to all the developers that invested time to develop these useful libraries: