Please read these terms carefully before using our services.
The client will be referred to as: "The Client" or "The User", and the client's customers will be referred to as "End User".
Usage Fees:
The Client will pay D.Y.O once every month, usage fees according to the package selected and in accordance with the updated prices on the website. Additionally, the Client will pay for verification codes sent to their End Users at a cost of 1 NIS for the previous month; this payment will be collected separately from the monthly usage fees and will be processed by the 10th of each month. Usage fees will be for a license to use the system and technical support related to the proper functioning of the application. Payment will be made using the Client's credit card.
Any service and/or product and/or work not expressly included in this document and/or any change and/or addition to the scope of work and/or the Platform, if required - will be agreed upon in writing and priced separately. Non-use of the Platform and/or partial use of it and/or products and/or services and/or cancellation of the right to use them under circumstances as detailed in the terms of engagement will not entitle the Client to any discount and/or refund.
Contract Period
1. The terms and services under this document are valid for 12 months from the date of signing this agreement. At the end of this period, the continuation of the engagement will require mutual agreement of the parties, including regarding price and other terms of engagement. D.Y.O will contact the Client 30 days before the end of the engagement period to arrange the terms of engagement for the continuation period.
2. The Client may terminate the engagement with notice. Upon receiving the Client's notice, D.Y.O will proceed to disconnect them from the Platform and delete all content and/or links and/or additional components related to it. It is the Client's responsibility to ensure, before sending the termination notice, that they have backed up any material and/or component important to them, and if they need assistance with backup, to contact the company with the request.
Highlights
1. Establishing a digital presence in the APPLE and GOOGLE app stores - as mentioned, establishing presence in the stores is subject to technical feasibility and the requirements of the relevant entity.
2. User registration automation -- The system allows integration with all mailing systems -- through directing a registration email for new customers with codes that you need to implement in your automation and direct the email according to the explanation in the admin.
3. D.Y.O will work on behalf of the Client to obtain approval from APPLE and GOOGLE for using the application through them. D.Y.O will not be liable in the event that such approval is not granted and/or reasonable adjustments cannot be made to obtain it and/or in case adjustments and changes are also required from the Client and/or for any delay in obtaining approval. It is clarified that the Client will bear the full cost even in a situation where approval is not ultimately obtained from any of the above entities and will not be entitled to any refund from D.Y.O for this cost.
We emphasize and note that you need to provide all relevant materials so that we can approve your application on the first attempt, and that there is no compensation for rejection of requests by either of the stores due to the lack of materials that were not provided.
4. The Platform provides the Client with a management interface where they can create their application and add courses according to their chosen package; the Platform enables a personalized path and through it, they manage all their courses and the application.
General Terms
1. Reference to the Platform - including any product and/or service related to it and provided within it and/or in connection with it (above and below: "The Product/s" and/or "The Service/s").
2. Declares that the means with which they will access any service and/or product and/or with which they will identify themselves are solely their own.
3. A condition for using any product and/or service is payment of the full consideration for it, through acceptable means permitted by D.Y.O at its discretion. Payment will be considered as payment only after it has been made and actually collected by D.Y.O. Any amount not actually collected due to non-honor or cancellation for any reason and/or non-payment on time and/or in full will be considered a settled debt due to D.Y.O, and the Client will have to pay it with linkage differentials and legal interest and handling and collection expenses.
4. For the avoidance of doubt, it is hereby clarified that the Client is obligated to pay the consideration in full regardless of the use made of the products and/or services. Non-use or partial use will not entitle the Client to any refund and/or compensation and/or extension of the time of use defined for the products and/or services, all subject to law.
5. This document exhausts the legal relationship between the parties in the matters included in it, except as it refers to additional relevant documents, and it cancels any previous document, representation, understanding, etc., if given or existed, in writing or orally, explicitly or implicitly, before its signing. Also, in any case of contradiction or inconsistency between this document and what was said verbally by D.Y.O and/or anyone on its behalf, what is stated in this document will prevail. Any commitment, promise and/or waiver by the parties will not bind the parties unless made after signing this agreement, explicitly, in writing and signed by both parties.
6. The law that will apply to these terms of use and to any additional provision and/or condition on the site and/or in any of your other engagement documents with D.Y.O will be solely the law of the State of Israel, and the exclusive jurisdiction regarding any dispute and/or disagreement regarding the use of the site, services and/or terms of use will be only to the courts in Haifa. However, the above does not detract from the right of D.Y.O to request relief in any other court, including outside the State of Israel, in order to obtain injunctions or restraining orders or other orders to enforce its rights.
7. If it is determined by a competent court that any provision of these terms is invalid and/or illegal, this will not detract from the other provisions of these terms, and they will continue to remain in force.
8. The headings of the document are for reading convenience only and will not be used in its interpretation.
Highlights
1. Technical support and ongoing maintenance - Support and maintenance include resolving technical issues in the application as well as software and security updates, all during the standard working hours at D.Y.O, and subject to interfaces with third parties, their availability and approval. It is clarified that the service is provided to the Client only, and the Client is responsible for providing support, guidance and explanation to the End Users on their behalf.
2. The capabilities of using the Platform by End Users are subject to the capabilities of the end devices they use (for example only, limited capabilities of "kosher" devices).
3. The Client is responsible for keeping the access means to the Platform, services and/or products confidential, and must report immediately and in writing to D.Y.O if they notice or suspect unauthorized use of them, and in general, the Client is fully responsible for any activity carried out in their account. D.Y.O is not responsible for any result or damage that will result from or be related to unauthorized access to the Platform, use of the personal area if it exists, exposure of details and/or means of access and/or any action that will result from the above and any additional action that the Client performed while using the Platform, services and/or products.
4. The Client undertakes and is responsible for managing access permissions to the Platform, as well as providing access and use only to authorized and qualified Client employees, and for implementing work procedures among those with access permission that will be in line with the terms of engagement between the parties. This does not diminish the Client's overall responsibility for fulfilling all the terms of engagement, by them and by anyone on their behalf.
5. The right to use the purchased products and/or services is for the Client's private business only, and the Client undertakes to use them only for the time period allocated for their use, and not to transfer them to any third party and/or make any commercial use of them beyond use within the Client's business as a platform. The authorization is limited according to what is stated in the terms of engagement and it is not exclusive. Access and use are given only in relation to the product and/or service expressly included in the purchase, and not to any other and/or additional product and/or service of D.Y.O.
6. Intellectual property rights relating to the Platform, services and/or products, including content, materials, engagement documents, design and/or all applications and components included in the Platform and any additional material made available to the Client by any means, D.Y.O's name, its registered and unregistered marks, and any other name or mark in the Platform content belong to D.Y.O or to whoever gave it permission in them, as the case may be, and constitute their exclusive property. The Client is permitted to use all of the above only in accordance with the terms of engagement between the parties and subject to the provisions of the law, and they undertake to maintain their confidentiality at all times and without time limitation.
7. For the avoidance of doubt, all intellectual property rights that were owned by the Client before the start of the engagement, including but not limited to, content, materials, documents, images, trademarks, logos, databases and any other intellectual property ("Existing Intellectual Property"), will remain the exclusive property of the Client. Also, all intellectual property rights in content and materials that will be uploaded or entered by the Client to the Platform during the engagement period will be and remain the exclusive property of the Client.
8. D.Y.O undertakes not to make any use of the Client's intellectual property, except within the framework of providing the services and in accordance with the terms of engagement between the parties.
9. For the avoidance of doubt, it is hereby explicitly agreed and declared that ownership and/or copyright and/or other right in the Platform on its components is not transferred to the Client, but they are only given permission to use them in accordance with and subject to the terms of engagement. The permission to use is subject to the full and unqualified fulfillment of all the terms and provisions detailed in the engagement documents, which the Client accepts in full. D.Y.O may change and/or add to the terms of use from time to time, with notice to the Client.
10. The Client is not entitled to make any change to the Platform, information, products and/or services therein and/or any part of them, and is also not entitled to download information from the Platform, collect, copy, duplicate, photograph, transfer, publish, distribute, display, broadcast, sell, create derivative works, integrate, change and/or make any other use, by any means, digital or otherwise, in any component of the Platform, products and/or services. Without derogating from the generality of the above, there is a blanket prohibition on making any use of the above that exceeds the purposes of using the product and/or service and/or any other condition related to them and/or that harms in any other way the rights of D.Y.O and/or others, according to any law. For the avoidance of doubt, it will be clarified that the above will also apply to any other and/or additional service provided by D.Y.O not through the Platform.
11. The Platform on its components and/or services and/or products are delivered to the Client as is ("AS IS"). D.Y.O does not guarantee the perfect functioning of the content and applications available within them or through them. In general and without derogating from the generality of the above, since the Platform operates through the Internet, the Client knows that on the Internet there are expected failures, disruptions and interferences, and therefore, and also due to maintenance operations and/or for other reasons, it is clarified that D.Y.O does not guarantee that the Platform with all its components will be available at all times, or that the use of them will be uninterrupted and flawless. In this context, it will be further clarified that browsing the Internet involves risks inherent in it, including exposure to malicious factors or hazards, and D.Y.O is not responsible for this, although it will make every effort as part of the technical support to overcome any failures that may occur. Likewise, D.Y.O is not responsible in any way for any external site and/or service and/or product and/or system that the Platform has connected or interfaced with, as well as for the interface itself, it is not responsible for their content, reliability, operations, availability and/or any other element related to them, and the use of them is your full responsibility.
In addition, although D.Y.O takes various measures to secure information within the Platform, D.Y.O does not guarantee that an unauthorized body will not gain access to information and/or illegally penetrate the Platform, and the Client assumes all risks related to this.
The interfaces and content are subject, among other things, to the capabilities of the Platform.
The Client will have no claims whatsoever due to all of the above, and especially and without derogating from the generality of the above, before purchasing the Platform and/or any product and/or service from D.Y.O, the Client bears the full and exclusive responsibility to check their suitability for their purposes and personal needs.
12. The use of the Platform, content, products, services, applications and any other component that the Client has received permission to use is at the sole and full responsibility of the Client. In general and without derogating from the generality of the above, the Client is solely responsible for all platforms, applications, systems and additional services required for working with the Platform on its components, as well as for the interfaces of all these with the Platform, including all payments resulting from this and all arrangements, agreements and conditions with all relevant bodies for this, compliance with their instructions and the provisions of any law and/or competent authority and obtaining all approvals required by any agreement and/or law (including and without exhausting domain and application hosting services).
Also, the Client is solely responsible for all content they integrated into the Platform and for its compliance with the provisions of any law and/or agreement, including copyright laws.
The full and exclusive responsibility for all checks, decisions, actions and engagements of the Client, their terms, limitations, risks and implications, expenses, costs and payments resulting from all these belongs to the Client alone.
Without derogating from all of the above and in order to add only, it will be further clarified that D.Y.O does not and will not bear any responsibility of any kind for any use, link and/or interface as mentioned above, including and without derogating from the generality of the above for its content, its licensing, its compliance with the requirements of any relevant agreement and/or law, payments for it and/or any additional aspect resulting from it and its use. Among other things, it is the Client's responsibility to check all these aspects and to obtain in advance any required approval. It will be clarified that without derogating from the other conditions in this document, the Client is solely responsible for complying with the requirements of all laws and regulations applicable to privacy protection and information security.
13. It is hereby clarified that all intellectual property rights in content uploaded by the Client to the Platform, including but not limited to, texts, images, videos, logos, trademarks and databases ('Client Content'), are and will remain the exclusive property of the Client. D.Y.O serves only as a technological platform for the transfer of Client Content and does not claim any rights in the Client Content and will not make any use of it. For the avoidance of doubt, uploading Client Content to the Platform does not grant D.Y.O any rights of use, license or ownership in the Client Content.
14. D.Y.O is not a party to any engagement and/or relationship between the Client and any third party, including End Users on their behalf, and D.Y.O does not bear any responsibility whatsoever in this matter. In general and without derogating from the generality of the above, the Client alone is responsible for supporting End Users in any problem and/or malfunction and/or interface. This agreement does not constitute an agreement for the benefit of a third party in any sense.
15. D.Y.O may at any time at its sole discretion and without prior notice change the structure of the Platform, its behavior, composition and composition of applications, products and/or services included in it, provided that all of the following conditions are met:
a. These changes will not prevent or harm the Client's use of the Platform throughout the engagement period;
b. The changes will not harm the agreed service level;
c. The changes will not harm the basic behavior and appearance of the application as agreed in the characterization document;
d. The changes are intended to improve the service and the Platform.
It will be further clarified that there may be version updates from time to time, and it is the Client's responsibility to work with the updated version in order to allow continued use of the Platform. D.Y.O will ensure that any version update is compatible with the Client's systems and does not harm their ongoing activity.
16. The Client undertakes not to make any use of the Platform that has not been expressly permitted and/or any use contrary to any law. Without derogating from the generality of the above, the Client undertakes not to interfere with the operations of the systems related to the Platform, products and/or services, not to disturb their proper functioning and not to enter areas closed to unauthorized users and/or not to cause damage and/or harm to any person and/or body in any aspect whatsoever, not to impersonate another person or body or falsely present their connection to them. The full responsibility in this matter rests solely with the Client, and in any case, D.Y.O has no responsibility regarding any damage that may be caused to the Client and/or any third party as a result of the above.
17. D.Y.O and/or anyone on its behalf are not responsible and will not bear any responsibility for any damage of any kind, inconvenience, loss, deprivation, prevention of profit, mismatch, distress and the like results and/or damages, direct or indirect, consequential or special, financial or otherwise, that will be caused to the Client, their property and/or any third party and/or their property due to use of the Platform on its components and/or due to any matter related to loss of information, deletion and/or failure in storage, receipt, transmission and/or timing of messages and/or any other information transmitted through the site, to unavailability and/or mismatch to the needs of the Client and/or the End User. In any case and without derogating from all of the above and below, the responsibility of D.Y.O will be limited only up to the amount of the refund the Client paid for the specific service and/or product.
18. It is clarified that D.Y.O is entitled at any time to access the Client's end application, among other things in order to verify that it works properly, fix malfunctions, and verify that the Client complies with the terms of engagement. The above does not detract from the Client's responsibility according to the terms of engagement and/or impose on D.Y.O any responsibility in this matter. In case a suspicion of unauthorized or illegal use arises, or in case of breach of the terms of engagement by the Client, D.Y.O will notify the Client in writing and grant them a period of 48 hours to correct the breach or clarify the matter. If the Client has not corrected the breach or has not provided satisfactory clarifications within this time period, D.Y.O will be entitled to limit or discontinue the use of the Platform on its components. In exceptional cases of serious breaches involving immediate risk to the Platform, other users or the provisions of the law, D.Y.O will be entitled to suspend the use of the Platform immediately, while giving notice to the Client, and giving the opportunity to correct the breach within 48 hours.
The above in this section does not detract from any other right available to D.Y.O according to any agreement and/or law.
19. In the event of cancellation of the right to use under circumstances as detailed in this document, the Client's ability to access the Platform, products and services will be canceled, and D.Y.O will be entitled at its discretion to delete all relevant data from its systems, without the need for any warning. It is clarified that the cancellation of the right to use will not detract from the Client's obligations to pay the full consideration that is due and/or will be due to D.Y.O according to the terms of engagement between the parties and throughout the entire engagement period as defined. In addition, such cancellation will not detract and/or diminish from the Client's obligations (and D.Y.O's rights) by virtue of the other provisions in accordance with the terms of engagement between the parties, and these will continue to stand even after its expiration.
20. Without derogating from any other provision within the terms of engagement, the user will compensate and indemnify D.Y.O and/or anyone on its behalf for any claim by a third party and for any expense, loss and/or other and/or additional damage, direct or indirect, resulting from their use of the Platform on its components including products and/or services and from any act and/or omission on their part, and this within 14 days at most from the date of D.Y.O's approach to them in this matter. The above does not detract from any other and/or additional remedy available to D.Y.O according to any agreement with the Client and/or according to any law.
21. D.Y.O is entitled to assign its rights and obligations regarding the Platform, products and/or services and/or engagement, all or part of them, to any third party at its discretion, provided that the assignee will step into the shoes of D.Y.O regarding the continuation of providing the service to the Client in accordance with the terms of engagement and with notice to the clients.