Terms of Service

These Terms of Service (the “Agreement”) are an agreement between ChameleonX, LTD (“ChameleonX” or “us” or “our“) and you (“User” or “you” or “your or “Customer“).

ADDITIONAL POLICIES AND AGREEMENTS

Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.

  1. Terms of Service https://chameleonx.com/tos/
  2. Privacy Policy https://chameleonx.com/privacy/
  3. Acceptable Use Policy https://chameleonx.com/aup/

IMPLEMENTATION

We do not make any guarantees regarding the availability, possibility, or time required to complete an account Implementation. Each website is configured differently, and some platforms (e.g. hosting) save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to configure with our Service. In some cases we may not be able to assist you to implement our Service in your environment. In no event shall ChameleonX be held liable for any lost or missing data or files resulting from the Implementation process. You are solely responsible for backing up your data in all circumstances.

CHAMELEONX CONTENT

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “ChameleonX Content”), are the proprietary property of ChameleonX or ChameleonX’s licensors. ChameleonX Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any ChameleonX Content. Any use of ChameleonX Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any ChameleonX Content. All rights to use ChameleonX Content that are not expressly granted in this Agreement are reserved by ChameleonX and ChameleonX’s licensors.

THIRD PARTY APPS

ChameleonX Service may allow you to install or utilize certain third-party apps and/or services (“Apps”). These Apps are provided “AS IS” and governed by their own terms of service and privacy policies as set forth by the third parties that provide them. ChameleonX does not endorse and is not responsible or liable for the services or features provided by these Apps you choose to install. You acknowledge and agree that ChameleonX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Apps.

USER CONTENT

You retain full copyrights in any materials served through the Services. Depending on the features you select or Apps you enable, ChameleonX may modify the content of your site (“User Content”), and may insert code to protect website advertisement activity and prevent unauthorized ads, spyware and Malvertising (“malicious advertising”) or enable a Third Party App. Depending on the features you enable, you acknowledge ChameleonX may:

  1. Intercept requests determined to be threats and present them with a challenge page.
  2. Add cookies to your domain for some protection methods and track visitors.
  3. Add script to your pages to, for example, add services, Apps, or perform additional performance tracking.
  4. Change/ edit/ alter Edit websites code and resources.
  5. Other changes to increase performance or security of your website.

ChameleonX exercises no control over and accepts no responsibility for, User Content or the content of any information passing through ChameleonX’s computers, network hubs and points of presence or the Internet. ChameleonX does not monitor User Content. However, you acknowledge and agree that ChameleonX may, but is not obligated to, immediately take any corrective action in ChameleonX’s sole discretion, including without limitation, suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that ChameleonX shall have no liability due to any corrective action that ChameleonX may take.

RECORDS OF YOUR VISITORS

As part of the Services, you may choose to monitor the traffic to certain websites. In doing so, you acknowledge that ChameleonX acts as your limited agent (and data processor in the EU context) to you for the purpose of providing internet data and optimization services. You acknowledge that it is your responsibility to ensure that the use of  Services is permitted under the laws of your jurisdiction and you agree to indemnify and hold ChameleonX harmless if your use of the Service is in violation of local law. Where required by law, you agree to post a privacy policy on any that, at a minimum, discloses any and all uses of personal information that you collect from users (“Visitors” and “Visitors’ Information” respectively) including any information collected via the Service. You acknowledge that ChameleonX may use the Visitors’ Information to improve its service or enable other services (e.g., using visitor traffic logs).

Notwithstanding, it hereby clarified that is your sole responsibility to ensure that you have all necessary rights and legal bases to process the Visitors’ Information, including but not limited to having obtained all necessary Consents (as defined below) from each of the Visitors to provide ChameleonX with the Visitors’ Information, and to use the Visitors’ Information in the provision of the Service.

For the purpose of this Agreement, the term “Consent(s)” shall mean a clear affirmative action and unambiguous indication, separate from other terms and conditions, provided by the Visitors to you, to the fact that they agree to provide you and/or ChameleonX with the Visitors’ Information (including the categories of data you wish to process) and that they agree to the process of Visitors’ Information by ChameleonX in accordance with the terms contained in this Agreement (including indicating ChameleonX as performing process on your behalf), which will include their right to withdraw their Consent and the manner in which they will be able to exercise this right. It is hereby clarified that such Consent shall be in compliance with all applicable laws. You shall fully indemnify, defend, and hold harmless ChameleonX and its subsidiaries, affiliates, shareholders, agents and suppliers, and their respective officers, directors, shareholders and personnel, from and against any claims, suits, hearings, actions, damages, liabilities, fines, penalties, costs, losses, judgments or expenses (including reasonable attorneys’ fees) arising out of or relating to any breach of the provisions of this “RECORDS OF YOUR VISITORS” Section.

REVERSE PROXY

You understand and agree to use the Service as a reverse proxy server, if applicable. The ChameleonX reverse proxy server acts as an additional defense against third-party interference with User advertisement activity and defense against Malvertising attacks.

THIRD PARTY PRODUCTS AND SERVICES

  • Third Party Providers

ChameleonX may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third-party provider with whom you are dealing.

ChameleonX does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third-party provider. You undertake all transactions with these third-party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. ChameleonX is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

  • ChameleonX as Reseller or Licensor

ChameleonX may act as a reseller or licensor of certain third-party services, hardware, software and equipment used in connection with the Services (“Non-ChameleonX Products”). ChameleonX shall not be responsible for any changes in the Services that cause any Non-ChameleonX Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-ChameleonX Products, either sold, licensed or provided by ChameleonX to you will not be deemed a breach of ChameleonX’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-ChameleonX Product is limited to those rights extended to you by the manufacturer of such Non-ChameleonX Product. You are entitled to use any Non-ChameleonX Product supplied by ChameleonX only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-ChameleonX Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-ChameleonX Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

  • Third Party Websites

The Services may contain links to other websites that are not owned or controlled by ChameleonX (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

ASSIGNMENT; SUCCESSORS

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of ChameleonX. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. ChameleonX may assign our rights and obligations under this Agreement and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

FORCE MAJEURE

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

ChameleonX is a pass-through secure layer above our customer’s origin web server. ChameleonX is not a hosting provider and has no way of removing abusive content on third-party hosting services. Individuals or copyright holders concerned with content served through ChameleonX’s network please mail your complaint to abuse@chameleonx.com.