TERMS OF USE

1.   Background and the Agreement  ​

The Site is designed to offer information about our products and services and serves as a platform for you to contact us. Furthermore, the Site allow access to our online store, supported by Shopify at store.solato.com ("Store"). The Store is dedicated to facilitating order processing for online product purchases, including gelato and sorbet dessert preparation mix  flavors for our machines ("Products"). These Terms apply solely to the Site and its features, including product ordering via the Store. However, conditions for our services and products are governed by a specific order form or applicable agreement between you and SOLATO (the "Agreement"). In case of inconsistency between the Agreement and these Terms, the Agreement shall prevail. 

 

2.   Modification.

We reserve the right, at our discretion, to change these Terms at any time. Such changes will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.

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3.   Specific terms to the Store.

i)   Products and Purchases

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Certain Products may be available exclusively online through the Store. These Products may have limited quantities. We have made effort to display as accurately as possible the colors and images of our Products that appear at the Site and/or the Store, but we cannot guarantee that the display of any color will be accurate.

Subject to the terms of the Agreement, All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to limit the sales of our Products to any person, geographic region or jurisdiction and the right to limit the quantities of any Products that we offer. We reserve the right to discontinue any Product at any time. Any offer for any Product made in the Store is void where prohibited. 

Please be advised that individuals must use our Products at their own discretion and our capsules may contain tree nuts, peanuts, soy and milk and are not suitable for consumers suffering from allergies of any kind. It is your responsibility to ensure that Products are not consumed beyond the expiration date, should be stored in a suitable cold destination, and the machines should be cleaned after use.

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ii)   Accepted Payment Methods 

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You may execute payment by payment methods specified as part of the checkout process on the Site (each, a “Payment Method”). The acceptable Payment Methods may be amended by us from time to time at our sole discretion, provided that no such amendment will affect any order that has been placed prior to the amendment. The availability of certain Payment Methods may depend on your geographical location.

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iii)   Payment.

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If you purchase Products via the Store, then you acknowledge and agree: (i) that we, or one of our third party payment processors (each a “Payment Processor”), may charge you through the Payment Method you have selected for such purchase and such other amounts that may accrue in connection with the purchase; (ii) that you will provide valid and current information for (a) yourself and (b) if applicable, another person or entity, but only if first hold permission do so; (iii) that we may use the tools, software or services of Payment Processors to process transactions on our behalf; and (iv) if your payment is not received by us for any reason from your card issuer, you agree to promptly pay all amounts due upon demand, and that any amount not paid when required to be paid will accrue interest on a daily basis. We are not responsible or liable for any activities or conduct of a Payment Processor, and you agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of a Payment Processor.

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iv)   Purchases.

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We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made on the Store. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.

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4.   Ability to Accept Terms.

The site is exclusively designed for individuals aged 18 years or older who are capable of entering into legal agreements, including, when relevant, on behalf of their company. If you are under 18 years, please refrain from visiting or using the site. If you are between 13 and 18 years of age, you must review these Terms with your parent or guardian before accessing or using the site to ensure mutual understanding and agreement with these Terms.

For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable laws.

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5.   Restrictions.

You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; (v) use our Products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate our Agreement any laws in your jurisdiction (including but not limited to copyright laws);and/or (vi) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. 

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6.   Intellectual Property Rights. 

• Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Content"), and (ii) the trademarks, service marks and logos contained therein ("Marks"), are the property of SOLATO and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “SOLATO”, the SOLATO logo, and other marks are Marks of SOLATO or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content. 

• Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.

 

7.   Information Description.

We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

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8.   Disclosure. 

We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms or the Agreement, including to investigate potential violations of them; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of SOLATO, its users or the public.​

 

9.   Links. 

i)   The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by SOLATO. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release SOLATO from any and all liability arising from your use of any third party website.  Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.

ii)   SOLATO permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with SOLATO or present any false information about SOLATO, and/or SOLATO's products and services and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website ("Third Party Website") which prohibits linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your site, comply with these Terms and applicable law.

 

10.   Comments, Feedback and other submissions.

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

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11.   Privacy.

We will use any personal information that we may collect or obtain in connection with the Site in accordance with our Privacy Policy. 

 

12.   Warranty Disclaimers.

i)   This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. 

ii)   THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SOLATO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOLATO DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT SOLATO WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.    

iii)   YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT SOLATO IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. SOLATO RESERVES THE RIGHT, BUT HAS NO OBLIGATION TO MONITOR ANY SUCH DISPUTE.

iv)   EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, SOLATO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

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13.   Limitation of Liability.  

i)   TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SOLATO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF SOLATO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

ii)   IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SOLATO FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO SOLATO FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM. 

 

14.   Indemnity

You agree to defend, indemnify and hold harmless SOLATO and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) any information submitted by you; or (iii) your violation of these Terms.

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15.   Term and Termination.

These Terms are effective until terminated by SOLATO or you. SOLATO, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). SOLATO shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section ‎15 and Sections ‎6 (Intellectual Property Rights), 11 (Privacy), ‎12 (Warranty Disclaimers), ‎13 (Limitation of Liability), ‎14 (Indemnity), and ‎16 (Independent Contractors) to ‎19 (General) shall survive termination of these Terms.

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16.   Independent Contractors.

You and SOLATO are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and SOLATO. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of SOLATO.

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17.   Assignment.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by SOLATO without restriction or notification to you. 

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18.   Governing Law.

SOLATO reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and SOLATO shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that SOLATO may seek injunctive relief in any court of competent jurisdiction.

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19.   General.

SOLATO reserves the right to discontinue or modify any aspect of the Site at any time. These Terms shall constitute the entire agreement between you and SOLATO concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.