Terms of Use

Welcome to the “Secondary number” app (hereinafter: “the app“), which is operated by Cellact Company, Private Company 512958679 (hereinafter: “the company“), PO Box 26, Zip. Code 60990.

All that is said in a single language also applies to many, all in the context of things and the changes required. The section headings in the Terms of Use are for the convenience of the users only and shall not be used to interpret the Terms or for any other purpose.

1. The service

1.1. The app offers its users the option to make, over a known period of time, via the smartphone, calls from another mobile phone number, which the user rents from the company, on the existing SIM card of the mobile device, regardless of the mobile operator from which the customer receives service through his SIM card. The app operation uses the user’s existing mobile phone account, according to the user’s terms of use on the mobile operator’s network where he is located, or alternatively using the device’s web browsing, or another web network. This way the user will have two phone numbers on the same SIM card and the same smartphone.

1.2. The secondary number is a mobile number (cellular) or standard stationery from which the user can receive and make calls, and if it is a mobile cellular number, receive and send text messages (SMS). The calls and messages that can be made through the app are calls and messages to subscribers in Israeli operators’ networks only (such as Bezeq, Pelephone, Cellcom, Partner, Golan, Rami Levy, We4G, and Hot Mobile, etc.) on mobile or landline lines. It is not possible to make phone calls through the app for special/premium numbers, to foreign operators (numbers abroad), or to operators in the Palestinian Authority.

1.3. “Additional services” – may be available within the app, in addition to the service described above, such as voice mail, conference call, and call recordings. The Company will have absolute and exclusive discretion to determine whether the use of the Additional Services (or any part) will involve additional fees and what the payment rate will be.

1.4. It is clarified and agreed that the user rents, rather than purchases, the secondary number from the Company. The number is the property of the company. With the end of the usage period, the number will return to the company’s use and it can be reused at will, including renting it to another user. It is further clear and agreed upon by the user that he may rent from the company a telephone number that was used by another user, earlier. The user cannot purchase the number from the company and cannot mobile the secondary number received from the company to another mobile operator unless the user has purchased plans/services for using the application for a cumulative amount of NIS 30, or the secondary number was ported by the user to the service, as described

2. Agreement to the Terms of Use

2.1. The use of the App and the Services that are provided through it are subject to the terms set forth in this document (hereinafter: “Terms of Use“) and will apply as a binding agreement between the Company and the User.

2.2. The access and use of the app indicate that the user has read the terms of use, the user agrees to the terms of use; And that the User commits to use the App subject to all instructions set out in the Terms of Use and they shall apply to any action taken on the App. If the user does not agree to the terms of use, or to the terms and conditions listed set forth below, they must immediately cease any use, direct or indirect, of the application. It is clarified that the terms of use of the online stores’ App Store, Google Play, and PayPal exceed those stated in these Terms of Use, and in any case of contradiction and/or inconsistency the mandatory instruction will be posted in the stores listed above.

2.3. Please read the terms of use carefully. The Terms of Use regulate the relationship between the user and the company and any user / or person / or any other entity using the app (hereinafter: “User“).

2.4. The responsibility for catching on to any changes or updates that are made in the Terms of Use from time to time applies only to the user. Such changes and updates may be made without notice and at the exclusive discretion of the Company as set forth in Section 3.1 below. The user hereby waives any claim and/or claim against the Company in this matter. If the user does not agree to any changes and/or updates, they must immediately discontinue the use of the App and this will be the only remedy to which they are entitled. In case the user continues to operate or use the app, its content, and services offered, this will constitute evidence that the user has approved any changes or updates made to the Terms of Use.

2.5. Logging in to the App or using the services that are offered in the App, will be done after downloading the app from the different app stores and entering a mobile phone number into it, and on this number, the user requests to use the app, which is owned and/or controlled and/or used by him. Submitting incorrect information will prevent the ability to use the app effectively, and the user will have no claim, or complaint against the company and/or any other company on this matter. In the event of a change of the user’s telephone number, the user must verify that the service is re-registered with the new number.

2.6. Filling the user’s required information in the application signup process is the sole responsibility of the user and the user undertake to enter the only correct information, and only to enter a mobile phone number which he owns or controls or uses, and has obtained permission from the legal owner of the number (only if he does not own the telephone line), and to not fill in any third party or incorrect details. A user who has not fully and accurately provided information and/or details and/or provided telephone line details without the prior consent of the owner (of the line) will not be able to use the app.

2.7. The Company may (but does not obligate), in its decision, to block, prevent, and/or revoke access to any of the users for any reason, including and without prejudice to the foregoing, in the following cases:

2.7.1. Committing an act or omission, which is offensive or can damage the app and/or another user (s);

2.7.2. Preventing others from joining the app and/or services on the app, or continuing to enjoy the services in any way;

2.7.3. Providing unauthorized and/or deliberately incorrect information;

2.7.4. Violating the Terms of Use;

2.7.5. Use of the App Services to perform and/or attempt to perform, and/or assist, and/or encourage, an inappropriate and/or illegal activities, and/or an act that is deemed to be inappropriate and/or illegal;

2.7.6. Due to non-payment of the full application fee.

3. Availability and accessibility of the app

3.1. The company will do its best to keep the app available for use. However, the company does not guarantee availability at all times, especially at the point where it is only an experimental version (beta version), which is more likely to be malfunctioning in such a version than the likelihood of malfunctioning in its final release version. The Company reserves the exclusive right, at any time and in its sole discretion, to change the terms and/or conditions applicable to the App uses for any reason, including changing the Terms of Use from time to time without notice, including, re-editing, adding, subtracting, replacing and canceling terms/conditions of use. Such changes may involve user discomfort and will not have any claim and/or any demand to that effect.

3.2. The company does not guarantee the duration of the period of the application will continue to be available at app stores. It is also possible that due to any circumstance, the app activity will be discontinued, whether temporarily or permanently, and this will not impose any liability on the company of any kind. In addition, due to any circumstance, the application activity, temporarily or permanently, may be discontinued only for certain specific devices and/or operating systems and/or operating system versions, and will not impose any responsibility of any kind to the Company.

3.3. The User shall have no claim and/or complaint against the Company and/or anyone on its behalf regarding the Services provided in the App.

3.4. Nothing in these Terms of Use shall detract from the Company’s obligation to comply with the requirement and/or request and/or decision and/or order (hereinafter referred to as “Decision“) by duly authorized parties (including changing and/or replacing the secondary number of a user by any other number), or provide to a competent authority or to authority court, in accordance with the decision, any information contained in its possession, about the use of the app and/or users. The user will have no claim against the company for this purpose. Subject to any law, the Company may monitor the use of the app, and disclose any information received from the user as part of its use of the app.

3.5. The Company may assign and/or transfer and/or subordinate its rights and/or obligations contained in these Terms of Use and all information contained in the Application under the Terms of Use, in whole or in part, including through, granting of sub-licenses and/or through the sale, merger, and / Or otherwise to any third party.

3.6. Cellular services and mobile numbers provided by the company to the user are provided to the company by an authorized mobile operator from the Ministry of Communication or any other service provider. The Company will, at its sole discretion, select the operator (s) from which it will receive the services required. The mobile services are subject to laws and regulations applicable to cellular operators in Israel including the Telecommunications law 5742-1982, the cellular operator’s authorization, and more.

4. Use of the app

4.1. To attain a secondary number the user must download the app to their smartphone, install the app, request, within the app to have “secondary number” and provide payment method or username (if the user purchased it in advance). The company will have absolute and exclusive discretion to determine whether downloading the app will add additional fees and what the payment rate will be.

4.2. After the user requests to attain a “secondary number”, selects the period of service and agrees to the terms of use, and makes the full payment for the use of the app, the company grants the user, subject to the terms of use, a limited, personal license, which can be canceled by the company, which is not exclusive and is not possible to transfer, to use the app and the secondary number (which, subject to the provisions of section 4.7 below, will be chosen by the company) that the company will make available to the user for a limited period of time as the user chooses, starting from the time the company has given the user the right to use the app (hereinafter: “period of use“). The user cannot freeze and/or pause and/or suspend the use of the app. Subject to paragraph 3.4 above, during the period of use the Company will not replace the digits of the secondary number provided to the user.

4.3. During the period of use, the user may use the secondary number as described in sections 1.1-1.2 above.

4.4. Except as detailed in sections 4.6 and 4.9 below, when the period of use ends, the user’s right to use the app will end, and this option will be blocked, and the secondary number that was used by the User will return to the Company and may be used at will, including renting it to another User. The company does not undertake to keep the user’s telephone number used after the end of the use period.

4.5. A user who wants to acquire the right of using the app for another period can do so within the app.

4.6. A user who wants to acquire the right of using the app for another period of time and wishes to retain the telephone number that he has received for his temporary use, even for the additional use (period), can do so within the application, provided that he has purchased another period use before his current period of use ends and select the option to reuse the number (the existing one). In this case, the additional use period will start with the end of the current use period.

4.7. The sequence digits of the secondary number that the user receives shall be chosen exclusively and at the absolute discretion of the company, and the user will not be able to choose the number except in the cases listed below:

4.7.1. If an active user would want to purchase another period of use with the same secondary number he must act as above in section 4.6.

4.7.2. If a user would be interested in using the number he owns, he must act as below in section 4.9.

4.8. The user cannot purchase the secondary number he has received from the company, and cannot port it to another mobile operator according to the regulatory guide and rules unless the user has purchased plans/services for using the application for a cumulative amount of NIS 30 or more.

4.9. A user who owns a cell phone number on the cellular network of the operator Cellact Communications (or another network that is ported to Cellact Communications Inc.) can determine, by purchasing the service package in the app, that the secondary number he will receive will be the telephone number he owns. In this case, when the usage period ends, the phone number will continue to be owned by the user.

Without derogating from the above, a user who has ported a number from another operator network to Cellact Communications Ltd. for the purpose of using the application, and did not make active use of the app (there are no payments and/or active service packages in the application and/or no calls and/or text messages were made from the application ) For a period of 6 months (in this paragraph: “dormant subscriber“) the company will be entitled to return the number on its own initiative by porting it to the network of the original operator to which the number belongs by a prefix.

4.10. It is clear and agreed upon by the user that he may rent from the Company a telephone number that was used by another user before, and he will have no claims to the Company for this.

4.11. A user who wishes to disconnect from the service before the end of the period of use shall provide the Company with a cancellation notice in one of the following ways:

(a) By a call to a customer service center at +972-9-9704181.

(b) by registered mail to Cellact Ltd, Hutzot Shefayim, PO Box 286 Zip Code 60990.

(c) by fax number +972-9-9704168.

(d) by e-mail from the application to mailbox num2@cellact.com.

The termination of service will take effect no later than three business days from the cancellation notice (and if the cancellation notice is delivered by registered mail – within no later than six business days from the date of delivery). Only if the user does not specify a different cancellation notice date and/or a later date.

Upon cancellation, the service will be discontinued, with all related services. There is no need to remove the app to disconnect the service. In the event of such a disconnection, the Company shall be entitled to charge the User duly cancellation fees. The disconnecting and/or termination of the service, for any reason, does not derogate from the user’s obligation to pay the applicable fees up to the date of such termination.

It is clarified that removing the app from your mobile phone is not sufficient to disconnect from the service. The secondary number will be available to the user for the duration of use even if the user has removed the app from their smartphone. In this case, where the user uninstalled the app before the end of the use period, the device will continue to receive incoming calls until the end of the use period (but no calls or messages can be made). In order to disconnect and discontinue this service (incoming calls and messages) before the end of the use period, the user must follow the instructions in section 4.11 above.

4.12. If the user is not a private individual, with his consent to the terms of use, he declares and warrants that he acts on behalf of a legal entity that may contract with the company and obtain the license in accordance with the terms of use and that the user is authorized to agree to the terms of use and to charge the matter as stated with all that regards to the use of the application.

4.13. The right of using the app is personal to the user and not transferable to any third party.

4.14. The Company may, in its sole discretion, refuse to grant access to the app or any part of the app to any user, without prior notice and for an unlimited period of time, including as provided in section 2.7 above.

4.15. In the event that a user is not satisfied with the application and/or the terms of use, the sole and exclusive remedy available to him is the termination of the use of the app and he waives any further claim and/or demand from the company and/or anyone on its behalf.

4.16. The termination of a user’s activity in the app will not detract from any of the user’s obligations as stated in the terms of use and will not constitute any cause for the user against the company and/or on its behalf, even if the user was allowed to re-use the app at a later date. The user will not have any claim against the Company regarding missed calls or identifying Caller ID by a third party or identifying Caller ID as someone other than him or any other claim. The User will not have any claim against the Company concerning a call recording that was lost or a message that did not arrive.

4.17. Without subtracting from the generality of the foregoing and the following, it is strictly prohibited to perform any unlawful act, including the perpetration of civil wrongs and/or criminal offenses of any kind, through the application, and the sole responsibility for the results of the acts of the user only applies on the user, including:

4.17.1. Inserting a computer code, software, or application that includes a virus, spyware, and other hostile software (such as a Trojan, worms, and other harmful applications), whether into an application and/or servers and/or other users’ mobile devices.

4.17.2. Creating automated or non-user-owned accounts.

4.17.3. “Spam” delivery (spam or uninvited mail) via the app.

4.17.4. Sign into the app using an account that does not belong to the user.

4.17.5. Offenses and/or wrongs under the Defamation Prohibition Act, 1965, and/or the Privacy Protection Act, 1981.

4.18. The Company may, but is not obligated, in its sole discretion, determine that any use of the App by any user is invalid; violates third party rights; violates terms of use; It has slander; violates the laws of the State of Israel; violates the laws of the country it is being used in; or it is inappropriate in any way, and take action on it, without the user having any complaint, claim and/or demand against the Company for that reason. Subject to the foregoing, the Company does not undertake to test and/or review and/or monitor the use of the App and even if tests are conducted, we do not commit that we will identify any improper use as stated above.

5. Payment

5.1. App usage involves payment.

5.1.1. Payment – Payment for using the app will be made by a valid credit card in the App Store and Google Play online stores or through the PayPal website or by direct payment to an in-store agent (including virtual stores) who sells the “secondary number” only by receiving verification code.

Purchasing service packages in the app is on a prepaid basis – with a prepayment.

5.1.2. The rate – The cost of using the app will be as advertised in the app itself and/or in the online stores App Store, Google Play, PayPal store, and/or with agents selling the “secondary number” at the time of the purchase, and it will be updated from time to time.

The rate is determined regardless of how much the user uses the app and/or the number of days the app was used. Any user who has rented such a “secondary number” will pay the full usage fee, even if he did not use the app at all, or if he only used part of the period, including, even if the user removed the app before the end of the use period, subject to the provisions of the Consumer Protection Law, 1981 and subject that the user disconnected from the service as stated in section 4.11 above.

The use of the various services within the app,(such as voicemail, conference call, and call recordings), will involve a separate and additional fee, the rate will be published, and updated from time to time, within the app and/or online stores and App Store and/or Google Play and/or PayPal and/or agents selling the “secondary number.”

5.2. The Company has the right to grant its users and/or some of them various discounts and/or benefits for different periods of time without any relation to the payment of the application fee. All benefits mentioned above are provided in alignment with the law and at the sole discretion of the Company. The granting of such benefits, as they may and will continue, does not constitute a commitment to continue to provide such benefits or a commitment to provide such benefits to other users and one should not see equal measure to all users and/or cases.

5.3. If a Law court in Israel determines that a user gives a false credit report to a credit card company pursuant to section 9 (b) of the 1986 Debit Cards Act in order to cancel a debit card bill relating to the use of the app, the user will pay the company an agreed compensation without proof of damage of 5,000 NIS this is without detracting the Company’s rights to take any legal proceedings and/or to demand any remedies to which is authorized under law. It is agreed that this amount is a reasonable amount in the costs involved in filing a claim against the user.

5.4. The company will have the exclusive right to offer users free packages (hereinafter: “trial package“) for a limited period of time at the company’s discretion, in which a user will be able to use all or part of the application services without purchasing a paid service package. The use of a trial package does not involve undertaking and/or providing personal details and/or means of payment on the part of the user, but rather downloading the application and entering a telephone number on which the application will operate only, as described in sections 2.5-2.6.

5.5. Any communication for the purchase of packages and services as part of the use of the app by the user is made with the store where the purchase is made: App Store, Google Play, PayPal, or agents who sell the “Num2” application. Thus, the delivery of personal details and/or means of payment will be made with the store where the purchase is made and will not be entered at any stage into the company’s application or databases. While the existing details in the app are intended to allow the proper operation of the application only.

5.6. For a user who has used the “trial package” and who has not purchased a paid service, upon expiration of the trial package the company will immediately return the secondary number assigned to the user to the database of available numbers and allow it to be transferred for use by another user. Therefore, if during the trial period, the user registers for external services such as WhatsApp, Facebook, or any registration service using the secondary number, he is required to cancel registration for these services immediately before the end of the trial period, in order to prevent loss of access to these services.
For a user who has used the paid package and who has decided to discontinue and not renew the service, upon expiration of the package, the company will immediately return the secondary number assigned to the user to its database, and will later allow it to be transferred for use by another user. Therefore, if during use, the user subscribes to external services such as WhatsApp, Facebook, or any registration service using the secondary number, he is required to cancel registration for these services immediately before the end of his package, in order to prevent loss of access to these services.

6. Confidentiality, Privacy

6.1. The Company will not transfer user information to any other party, except in the following cases: (a) the sale of the App and/or the Company (including the sale of all or a substantial part of its assets); Or (b) if an order is obtained requiring the company to provide such information duly by a judicial authority or on behalf of a competent authority.

6.2. Despite the foregoing, the Company may, in its sole discretion, transmit the User Information to a third party in cases where: (a) In the opinion of the company the User has committed an action that infringes or may harm any application, the Company and/or any third parties; (b) in the opinion of the company the user used the app to perform an illegal act and/or violated the terms of use; (c) if the Company has received a judicial order or directive from a lawful competent authority instructing it to hand over user information to a third party, Or (d) in any dispute or legal proceedings.

6.3. The Company may use, without limitation, the user information, without specific user identification, and the user hereby agrees that such details and data will be used for promotional, advertising, market research, statistical information analysis, and presentation as well as for any other legal purpose and/or delivery to other parties, including commercial entities, with no territorial, time or any other restriction.

6.4. For the user to be updated with the services provided through the app, the company sends the user messages (SMS messages) to the telephone line that was provided when the account was opened in the app. The user hereby agrees to the company and/or on its behalf, to send such messages. If the user wishes to stop receiving such notifications, he or she should contact the company’s customer service department at e-mail num2@cellact.com and request to be opt-out from the mailing list.

6.5. It is clarified that by registering for the application the user agrees to receive e-mail and/or text messages (SMS) and/or push notifications from the company and/or on its behalf, including e-mail and/or text messages (SMS) e-mail, fax and/or system automatic dialing that encourage to purchase services and products of the Company, which may include updates on various subjects, publications, and messages containing content defined as “promotion”, pursuant to Amendment 40 of the Communications Law (Bezeq and Broadcasting), 1982.  At any time, the user can notify the Company of its request to remove its contact details from the Company’s distribution list at the e-mail address: num2@cellact.com.

7. Intellectual Property Rights

7.1. All intellectual property rights related to and/or inherent in the App, of the related documents and trademarks, including but not limited to, patents, copyrights, trademarks, trade secrets, logos, moral rights, business secrets, ideas, etc. existing and future, whether protected or unregistered, are and will remain wholly and exclusively owned by the Company.

7.2. In installing the app or maintaining or using the app, there is no grant of intellectual property rights and the user will not acquire any right in the app except the limited right to use the app, as expressly stated in the terms of use.

8. Apple and/or Google Warranty

8.1. The app can be downloaded from the Apple Inc. app store. (Hereinafter: “Apple”) -App Store or Google Inc.’s App Store (“Google”) – Google Play based on the user’s smartphone and operating system.

8.2. The Company is solely responsible for providing app maintenance and support services that will be provided to the extent required by the Company’s discretion from time to time and subject to any law. Apple and/or Google have no responsibility for providing app maintenance and support services.

8.3. In event of non-compliance of the app with the terms of this warranty, the User may notify Apple or Google, as the case may be, and request that a refund for the amount paid by him for the use of the App. Beyond that, and subject to any law, Apple or Google, as the case may be, shall not be liable for any other liability to the App, and any loss, liability, damage, cost, or expense related to non-compliance or with the warranty terms as set forth above shall be exclusive to the Company, subject to as stated in this section above and in these Terms of Use. Without derogating from the foregoing, the User acknowledges that the Company, and not Apple or Google, as the case may be, is the address of any User or third party claim related to the Application or its possession and/or use of the Application, including and without derogating from the following: Product Liability Claim; Any claim that the application does not comply with legal or competent authority requirements; Claims arising from consumer protection laws. For the avoidance of doubt, it shall be clarified that the foregoing paragraph per se does not impose any liability on the Company.

9. Responsibility of the mobile operator

9.1. The services that are provisioned in the application depend on the existence of an active and proper mobile subscription of the user to an authorized mobile operator in the specific country of use as well as an Internet connection (through mobile browsing or in any other way). The user acknowledges that the app cannot be used without a SIM card, without a usable and/or proper line with an Israeli mobile operator or a mobile operator in the supported countries, and/or without a proper connection to the Internet through mobile browsing or other access.

9.2. The Company is not a party to any agreement and/or transaction that has been concluded between the user and the mobile operator that is providing service to him, and any transaction that has been concluded directly between the user and the mobile operator. Therefore, the Company does not bear any responsibility, directly and/or indirectly, to the terms binding between the user and the mobile operator and/or the services (including the nature, quality, availability, and continuity) that the user purchases and/or receives from the mobile operator. The mobile operator shall be fully responsible for the cellular services and shall be solely responsible for any damage, claim, liability, lost money, loss, and/or any other expense incurred to the users and/or third parties in connection with the cellular services sold by them.

9.3. It is clear and agreed upon by the user that the nature, quality, availability, and continuity of the cellular services that he receives through the app will depend, first and foremost, on the nature, quality, availability, and continuity of the services that his mobile operator will provide.

10. Corporate Responsibility

10.1. The user declares and warrants that he and/or anyone on his behalf will not have any claim or demand directly and/or indirectly, against the Company, and/or anyone on its behalf and/or any third party cooperating with it, based on contract, in accordance with any other law, even if the Company or anyone on its behalf becomes aware of the possibility of such a claim. The foregoing includes, in connection with the terms of the Application, its management, for any expense, loss and/or damage, direct or indirect, aggravation, accidental, special or consequential damage, or any other damage of any kind, including software damage, hardware, and/or damage of mobile devices, and/or loss of profits, data, loss of application performance, delay in use or inability to use the app, or otherwise arising from the use of the app. Without derogating from the foregoing, it is clarified that the Company is not responsible and will not be liable in any way for any damage and/or loss and/or direct, indirect, punitive, incidental, special, consequential, or any other damage of any kind caused by the use of the Application; Or the inability to properly use the app; Or that the app may not match to the user and for any other reason, which exceeds the app usage rate.

10.2. The user declares that he will bear full and exclusive responsibility, against the company and/or any third party, for any result, expense, and/or damage rising from unauthorized use, which includes his or her illegal use of the app.

10.3. The user hereby undertakes to compensate the company, and/or on its behalf, for any loss, loss of profit, payment, or expense incurred by the company – including attorney’s fees, including VAT, and legal expenses incurred by the company due to a breach of application terms by the user.

10.4. The user declares that he/she is aware that the secondary number is not intended for emergency use and is not intended to dial emergency services; police, fire department, or first aid services.

11. Limitations of responsibility for app disruptions and malfunctions

11.1. The Company is not responsible for any damages, defects, or malfunctions of any kind whatsoever, which may be caused by downloading and/or installing the app, loss of data, defects, and/or malfunction of the device and/or hardware and/or In any other software (hereinafter: “Damages“) provided that the damage was not caused by the Company, maliciously. The User acknowledges that to minimize any damage, he must periodically make backups, including and especially before downloading and/or installing any version of the Application.

11.2. Without detracting from the fact that the application services are based on telephone operator and active cellular communication of the mobile operator to which the user is linked, or alternatively on device mobile data or another internet network, the company does not undertake that the services in the app will be provided in the order or without interruptions, or will be carried out safely and without errors, or be immune from unauthorized access to the servers of the app and/or against damages, breakdowns, malfunctions or failures – including, in hardware, software, in lines and communication systems, in the app. There may be malfunctions, disruptions, loss of use or server crashes, power outages, hacker attacks, viruses, computer hacking, theft, and misuse of information and/or the details provided to us by the user.

11.3. The user hereby declares that he is aware of and agrees that he may be harmed by the circumstances and limitations of using the app, either for those controlled by the company or for those not controlled by the company. The User declares and agrees that the Company and/or third parties associated with the Company are not responsible in any way for these potential damages and the User undertakes not to sue and/or make any claims or demands against the Company and/or any third party.

11.4. The Company and/or anyone on its behalf shall not be liable for any direct or indirect, financial or other damages caused to the user or anyone on his behalf as a result of the use of the app, including any direct or indirect damages of any kind, caused to the user or any third party due to App malfunctions and/or due to technological difficulties and/or software and/or hardware and/or communication failures and/or anything else related to the app.

12. Limitation of Liability for Information Security

12.1. The app is protected by information security systems that are accepted by market standards. However, it is clarified that because the application activity is in an online environment, the company cannot guarantee complete immunity from intrusion into the company’s computers or servers and/or exposure of the information stored in the app by the perpetrators of illegal operations. The company does its best to protect the information but the step taken by the Company do not ensure complete security against unauthorized intrusion into the application’s security systems. Therefore, the Company does not undertake that the activities in the app (the service and the related services) will be totally immune from unauthorized access and exposure of the user’s information or the user’s content to these parties, and the user hereby declares that the foregoing section is clear to him and that he does not have any allegation and/or demand against the Company regarding such app infiltration.

12.2. If any third party will penetrate any information that is stored by the Company and/or misused this information, the User will have no claim, complaint, and/or demand against the Company in this case.

12.3. To the extent that the law will not fully allow the Company’s liability limitation in the section above, these sections (with all their sub-sections) should be interpreted as minimizing the Company’s liability to the extent possible and in any event, the Company’s financial responsibility for any damage and/or expense of any kind and type, will not exceed the customer’s monthly payment for which the damage relates to.

13. Cancellation of transactions

13.1. User may unsubscribe from the app as stated in section 4.11 above, in accordance with the provisions of the Consumer Protection Act, 1981, and the regulations that are updated from time to time and subject to the use of the App Store and Google Play instructions.

14. General Terms

14.1. The Terms of Use as well as the documents, records, and any notice related to these Terms of Use that were originally produced and stored in printed format shall constitute acceptable evidence in legal and/or administrative proceedings.

14.2. In case of a conflict or contradiction between the Terms of Use and any publication or document between the User and the Company, these Terms of Use shall prevail.

14.3. In case clauses are found in the Terms of Use that are unenforceable and/or invalid and/or illegal by statutory provision, will be replaced by enforceable, valid, and legal clauses, and their contents will be adapted to the original clauses of use and are as similar as possible to the original clauses which have been deleted, The Terms of Use shall remain in full force and effect.

14.4. In the case that the Company decides to give up its right (under the Terms of Use), it will not be an equal decree to any other case and will not consider giving up any other rights granted to the Company under the Terms of Use and/or any law.

14.5. Any claim against the Company and/or against anyone on its behalf will be clarified in the courts of Israel and only Israeli law will apply. The competent courts in the Tel Aviv District shall have exclusive local jurisdiction with respect to any claim and/or complaint relating to the interpretation of execution of the Terms of Use.