Effective from: 1.9.2020
- The purpose of the Terms is to regulate the relations between the operator of the App, Chen Geffen Shalev (the “Operator”) and any person and/or entity using and/or accessing the App and the Service of the Operator. By using the App, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the App and refrain from any use of the App. The Operator reserves its right to terminate Your use of the App if You will not comply with any or all of the Terms.
- The Terms determine Your aaccess to the App and will apply to any of Your use in the App including, but not only, use of data, content and services in the App or links to other sources of information and on any transmission of data and constitutes the legal basis to any of your actions and/or communications during any use of the App.
- The Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the App, the provisions of the Terms shall prevail.
- It is clarified that the Operator reserves its right to change and/or terminate the activity of the App, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
- The Service is active and accessible at all hours of the day at every day, and You may use it at all times. However, the activity of the App may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.
- The Operator suggests, offers and/or recommends certain Methods for the purpose of assisting You with handling conversations. However, the final decision regarding any use of such Methods and the actual dealing with conversations is Yours, and therefore it is hereby clarified that the Operator is not liable for any communication between You and third parties which You contact using any Methods suggested by the Operator since the Operator serves solely as a service which helps its Users to prepare for conversations.
“Content” means the App, online webpages, the sorting and display of information and any other illustrative form in the above and in mailings.
“Service” means the App, the user account including its instructions, other related products and services, personal support service if provided, and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.
“Methods” means methods regarding handling, initiating and dealing with conversations as offered by the Service.
“Account” means the account opened by Your name in the App including Your registration or any other use of the Service without creating an account.
“App Errors” means any interruption in the App’s availability due to reasons which are not directly controlled by the Operator.
“You” or “Users” means, inter alia, individuals and entities authorized by the Operator to use the Service and Your employees, consultants, service providers, agents and/or third parties which You have business with.
“Your Data” means all data and/or information in electronic form which You provide or as collected by the Operator in the App during Your use of the App.
- Liability and Limitation of Liability
- The Operator solely suggests, offers and/or recommends certain Methods including with respect to conversations. However, the final decision regarding any use of Methods is Yours, and therefore it is hereby clarified that the Operator is not liable for any communication between You and third parties which You decide to engage using any of the Methods you have practiced during Your use of the Service.
- The Operator reserves its rights to act against a User which will breach any of the Terms including, but not only, blocking the User’s access to the App and shutting down his Account without prior notice and under its sole discretion without refunding such User’s account in case of a breach, and the User will have no claims against the Operator in such case.
- The Operator shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to You resulting from Your use of the App and/or resulting from Your reliance on any Content and Service available in the App including any use of the Methods.
- The Operator has no relation and/or connection to any of Your actions using the Service and the Operator is not liable for any of Your actions resulting from Your use of the Service and You will not have any claim against the Operator regarding any damage caused to You resulting from Your use of the Service.
- The Operator does not warrant that all links available on the App, including links available on Mailings sent to You by the Operator, are active and/or will lead to an active App, and the existence of such link shall not be considered as any opinion, recommendation or advice regarding any content appearing in such link. In no case shall the Operator have any liability to You regarding such matter. Without derogating from the above, the Operator shall not be liable for any damages, direct or indirect, caused to You resulting from Your use and/or reliance on information and content appearing in any third-party webpages which their links may be available on the App.
- The Services available on the App may be interrupted and/or may face errors. The Operator does not warrant that the App will be immune of any illegal access the Operator’s computers and/or any damages, errors, faults relating to hardware, software and/or communication line and/or any other damage which may be caused to the Operator and/or any of its providers. The Operator shall not be liable for any direct or indirect damage caused to You and/or any third party including to Your assets, including, but not only, any damage resulting from loss of information or content uploaded by You.
- The information and Services available on the App may include inaccuracies or mistakes. The Operator does not warrant that or the Service will be uninterrupted or error-free or that the Service or the servers providing the Service will be virus-free or free from other harmful components. The Operator does not warrant that the use or the result of the use of the Service or the Methods will be accurate, correct and/or reliable in any manner.
- You hereby agree that the Operator will not be liable for any unauthorized access to Your account.
- The Operator has no responsibility for any of the Methods used by you in conversations since the Operator is solely a platform which assists You in engaging with other people in conversations, and it is Your responsibility to verify the correctness of Your use of the Methods prior to using them. It is Your responsibility to verify the details of Your tasks and any other use You make of the Service.
- Should You breach any of the above, by negligence or on purpose, You will be held liable for any loss and damage incurred and/or may be incurred to the Operator which will have the right to terminate Your use of the App immediately and to block Your access to the App without prior notice and at the Operator’s sole discretion and You will have no claims against the Operator in such case. Furthermore, in such case You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.
- Intellectual Property
- All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator.
- Without derogating from the above, the App, all the webpages of the App and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.
- You may not copy, reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing in the App without the Operator’s prior and written consent.
- You may use the Content solely for Your own personal use and not make any commercial use of the Content except for any use related to Your tasks. You may not use the Content for any other purpose including, but not only, for promoting, advertising and/or marketing commercial entities.
- You warrant not to publish the Content or any part of it except as permitted in the Terms, and You warrant not to publish any product and/or output of information, whether tangible or intangible or in any other form, and You will copy and/or duplicate and/or create derivative works and/or modify and/or adapt the Content for publishing, advertising, displaying, performing, transmitting, broadcasting, making available to the public, selling and/or any other action without the Operator’s prior and written consent.
- The ownership and the intellectual property rights of contents of third parties including images displayed in the App are owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the App. You hereby agree to be bound to any Third Party Agreements regarding Your use of the App, including any future changes to the Third Party Agreements.
- The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator via email address: email@example.com.
You shall indemnify and hold the Operator and its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, members and attorneys harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) arising out of or relating to: (i) Your gross negligence or willful misconduct; and/or (ii) Your use of the App; and/or (iii) Your Data; and/or (iv) Your breach of these Terms; and/or (v) the use by You of any third party’s intellectually property, or any action or inaction by you that infringes or misappropriates the intellectual property rights of a third party or violates applicable law.
Use of Personal Information
- The App is protected and secured using advanced security tools which are intended to ensure safe and secure use of the App and to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the App including, but not only, theft of information of other users and breaching the security mechanisms of the App. The Operator will act against You in such case by any means permitted by law including blocking Your access and use of the App and taking legal actions against You in such case.
- Should You breach any of the above, by negligence or on purpose, the Operator will have the right to block Your access to the App and You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.
- Term and Termination
- This Agreement commences on the day You start using the App and continues until You refrain from any use of the App and the Operator’s services.
- The Operator may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful); and/or (iii) the provision of the Service is no longer commercially viable. In the case of each of (i) and (ii) of this section the Operator shall, where possible, give reasonable notice of such termination.
- The Operator reserves its rights, at its sole discretion, to amend the Terms at any time by publishing such amendments in the App and notifying of such amendment. Any amendment will become into force immediately upon notifying of such amendment. Your continuation of using the App will be considered as consent to such amended terms.
- The Operator reserves its rights to shut down the App or any part thereof for without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.
- All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.
- General Terms, Governing Law and Messages
- The Account is personal and non-transferrable.
- If You have any inquiries regarding the Terms, You may address the Operator via email address: firstname.lastname@example.org.
- The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator’s behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on information available on the App.
- This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the courts of Tel Aviv, Israel, for any litigation and/or dispute arising out of this Agreement.
- All notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon 4 hours after sending an email with a confirmation of arrival provided that the Operator has not notified the sender that no message has been received.