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Terms and conditions

SIMPOCO TERMS OF USEIMPORTANT INFORMATION: These Terms of Use (the "Terms" or this “Agreement”, in short) constitute abinding agreement between us, Afinity Technologies Ltd., a private company incorporated in Israel, companyno. 516089489, with registered place of business at Midreshet Ben Gurion, Israel, operators of the Simpocoplatform (“Simpoco”, “we”, “us” or “our”) and you and govern your access to and use of our website(www.simpoco.io) and your Account on our website (as defined below) (together, the "Platform"). Please readthis Agreement carefully before activating your Account.We may update these Terms at any time. If we make any changes that we deem material (in our reasonablediscretion), we will notify you in the notification methods set forth in the “Notices” Section below prior to thechange becoming effective. We encourage you to periodically review this page for the latest information onour Terms. Your use of the Platform following any amendment of these Terms will signify your assent to andacceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your useof the Platform.CONTACT US:In order to contact us, you may use any of the following means of communication – Afinity Technology Ltd.,email: avihu@simpoco.io, postal address: Midreshet Ben Gurion, telephone number: +972-50-7466745, or the“contact us” section on the website.1. DEFINITIONS:“Account” means an electronic account in your name in order to provide access and to use the Platform.“Activity Channel(s)" means Facebook groups, email systems or any other online or offline channels in whichthe community is active." Activity Channel Data" means all information that you submit or collect via the Platform Service and whichmay include personal data of individuals."Activity Channel Materials" means all materials that you provide or post, upload, input or submit for publicdisplay through the Platform Service.“Platform Services” means our web-based CRM tools and platforms that we make available to you, and aredeveloped, operated, and maintained by us, accessible via [www.simpoco.io] or another designated URL, andany ancillary products and services.THE SIMPOCO PLATFORMOur Platform is a data-driven community-management platform.You can find out more information about the Platform and its features here: www.simpoco.io.Changes to our Platform; Platform availabilityWe may, at our discretion, for any reason, update and change the Platform and the information displayed inthe Platform from time to time. Such change may include redesign or modification of the organization, structure, specifications, “look and feel,” navigation, features and other elements of the Platform, the PlatformServices, or any part thereof, as well as any other changes.We do not guarantee that the Platform, or the Platform Services, will always be available or beuninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform forbusiness and operational reasons.2. YOUR ACCOUNT WITH USIn order to sign up to the Platform, you must create an Account with us.Simpoco reserves the right to deny your access to the Platform immediately and with or without cause,including without limitation if we believe that you are in breach of these Terms for any reason whatsoever.Creating an Accounta. You must be 18 or older to register on the Platform. In addition to being of the minimum required ageto use our Platform under applicable law, if you are not old enough to have authority to agree to ourTerms in your country, your parent or guardian must agree to our Terms and our Privacy Policyhyperlink on your behalf.b. If you are using the Platform on behalf of a corporation (or any legal entity other than using itpersonally), you represent that you are authorized to enter into an agreement on behalf of that legalentity, and are nevertheless individually bound by these Terms even if we have a separate agreementwith such corporation.c. When signing up for the Platform, please provide accurate information about yourself. You may notuse false information or impersonate another person or entity through your Account. You may nottransfer your Account to anyone else. With your registration, you authorize Simpoco, directly orthrough third parties, to make any inquiries or background checks we consider necessary to validateyour identity. This may include asking you for further information, requiring you to take steps toconfirm ownership of your email address and verifying your information against third party databasesor through other sources. We may use third parties to obtain this information and carry out checks onour behalf. We may ask you to provide additional information and documents to support theinformation you provide. The information provided will be used in conjunction with the Privacy Policyhyperlink.d. If you sign up or connect to our Platform via third-party services approved by us (e.g., Facebook orGoogle), you give us permission to access and use your information from that service as permitted bythat service, and to store your log-in information for that service, all as set out in our Privacy Policyhyperlink.e. We, in our sole discretion, have the right to terminate or suspend your access to the Platformimmediately and with or without cause.f. You acknowledge and accept that you are solely responsible for the security of your Account. To themaximum extent permitted by law, we will not be liable or accountable, nor shall we be deemed tohave any liability or accountability, for any loss or damage regarding your failure to keep your Accountinformation secret and protected.g. Furthermore, we have no control over your actions or transactions made using the Platform. With thatin mind, we will have no liability to you or to any third-party for any claims or damages that may ariseas a result of any actions or transactions that you engage in while using the Platform.3. YOUR USE OF THE PLATFORMa. License to YouSubject to these Terms and our policies (including policies made available to you within the Platform),we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to accessand use the Platform and the Platform Services in accordance with these Terms [and the terms of theapplicable order form].You acknowledge that your use of the Platform grants you no rights in or to the Platform, the PlatformServices or any of our intellectual property rights (including copyright, trademarks and patents) otherthan the rights relating to the Platform expressly granted to you under these Terms.b. License to UsSimpoco may use and display your online community’s name and logo for promotional purposes on itswebsite and in other promotional or marketing materials.c. Content and MarksThe content on the Platform, including without limitation, text, descriptions, products, software,graphics, all page headers, button icons, scripts, photos, interactive features, services, and any othercontent on the Platform ("Content") and the trademarks, service marks and logos contained therein("Marks"), are owned by or licensed to us.Content in the Platform is provided to you “AS IS” for your information and personal use only and maynot be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, orotherwise exploited for any other purposes whatsoever without our prior written consent. We reserveall rights not expressly granted in and to the Platform. If you download or print a copy of the Content forpersonal use, you must retain all copyright and other proprietary notices contained therein. You agreenot to circumvent, disable or otherwise interfere with security-related features of the Platform orfeatures that prevent or restrict use or copying of any Content or that enforce limitations on use of thePlatform.“Simpoco”, the Simpoco logo, and other Marks are trademarks of Simpoco or our affiliates’ Marks. Allother trademarks, service marks, and logos used on our Platform are the trademarks, service marks, orlogos of their respective owners.This section shall survive any termination of these Terms.d. Simpoco Channels DataYou own and retain all rights to the Activity Channel Materials and Activity Channel Data. ThisAgreement does not grant us any ownership rights to Activity Channel Materials or Activity ChannelData. You grant permission to us and our licensors to use the Activity Channel Materials and ActivityChannel Data only as necessary to provide the Platform Services to you and as otherwise permitted bythis Agreement. . You are solely responsible and liable for the legality of all such Activity Channel Data and of the meansby which you collect, process and transfer such Activity Channel Data in compliance with all applicableprivacy laws, rules and regulations. It is your responsibility to obtain all necessary authority andappropriate consents and notices in place to enable lawful transfer of the Activity Channel Data toSimpoco so that Simpoco may lawfully use, process and transfer the Activity Channel Data in accordancewith applicable data protection and privacy laws as well as this Agreement. Simpoco may process anduse the Activity Channel Data in accordance with its Privacy Policy hyperlink in an aggregate andanonymized manner, including, without limitation, for internal analysis and machine learning purposes.Simpoco may monitor use of the Platform Service by all of our customers and use the informationgathered in an aggregate and anonymized manner.We will not use, or allow anyone else to use, Activity Channel Data to contact any individual or companyexcept as you direct or otherwise permit. We will use Activity Channel Data only in order to provide thePlatform Services to you and only as permitted by applicable law and this Agreement.e. Unauthorized useYou will and you agree to:(i) comply with all applicable laws in connection with your use of the Platform. This includes anyprivacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;(ii) review and comply with these Terms and the Privacy Policy hyperlink(iii) provide accurate information to us and update it as necessary; and(iv) act honestly and in good faith.You agree NOT to:(i) Defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage inany other predatory behavior, including sending unwelcomed communications to others or engagein any other predatory behavior, or incite others to commit violent acts, through or in connectionwith the Platform.(ii) use or attempt to use another's Account or create a false identity;(iii) create more than one user account per person or, if your account has been blocked, to create analternate account without receiving our prior written consent.(iv) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell,rebrand, or otherwise transfer information found in the Platform except as permitted in theseTerms, or as expressly authorized by us;(v) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the sourcecode for any underlying intellectual property used to enable the Platform, or any part thereof;(vi) utilize or copy information, content or any data you view on or obtain from the Platform to provideany service that is competitive, in our sole discretion, with the Platform;(vii) remove any copyright, trademark or other proprietary rights notices contained in or on thePlatform (whether ours or our licensors');(viii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personallyidentifiable information obtained from the Platform (except if the owner of such information hasexpressly permitted the same);(ix) share other users' or third party's information without their express consent;(x) infringe or use our brand, logos or trademarks in any business name, email, or URL except asexpressly permitted by us;(xi) use or launch any manual or automated system or software, devices, scripts robots, other means orprocesses to access, “scrape,” “crawl”, "cache", “spider” the Platform or any web page or otherservice contained in our Platform, or to access the Platform in a manner that sends more requestmessages to our servers in a given period of time than a human can reasonably produce in thesame period by using a conventional on-line web browser;(xii) use bots or other automated methods to access the Platform, add or download contacts, send orredirect messages, or perform other similar activities through the Platform;(xiii) access, via automated or manual means or processes, the Platform for purposes of monitoring itsavailability, performance or functionality for any competitive purpose;(xiv) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of thePlatform;(xv) attempt to or actually access the Platform by any means other than through the interfacesprovided by us. This prohibition includes accessing or attempting to access the Platform using anythird-party service, including the development of any such third-party software, and including theuse of software-as-a-service platforms that aggregate access to multiple services;(xvi) attempt to or actually override any security component included in or underlying the Platform,including without limitation content filtering techniques; or(xvii) Interfere or disrupt the Platform, any servers or networks connected to the Platform, or theunderlying software, including without limitation by way of uploading a virus or any other malwareto such.f. ConfidentialityAll data, technology and trade secrets disclosed by Simpoco to you, including Simpoco’s methods ofdoing business, its technology and know-how (“Confidential Information”) which are disclosed bySimpoco or one of its representatives to you will be treated as confidential, and will not be disclosed byyou to any third party except with Simpoco’s prior written consent. Your obligations under this Sectionwill survive the expiration or termination of these Terms.g. NoticesIn connection with your use of the Platform, we may send you service announcements, administrativemessages, and other information. You may opt out of some of those communications.4. THIRD PARTIES' LINKS, WEBSITES, AND SERVICESThe Platform may contain links to third party websites, advertisers, marketers, services, special offers, or otherevents or activities that are not owned or controlled by us. We are not affiliated with those websites, have nocontrol over those websites, and assume no responsibility for the content, privacy policies, or practices of anythird-party websites. In addition, we will not and cannot censor or edit the content of any third-party site.If you access any third party's website, service, or content from our Platform, you do so at your own risk. Byusing the Platform, you expressly release us (and our owners, employees, agents, affiliates, and/or licensors)from any and all liability arising from your use of any third-party website, information, materials, products, orservices. Accordingly, we encourage you to be aware when you have left the Platform and to read the termsand conditions and privacy policy of each other website that you visit.5. DISCLOSUREWe reserve the right to access, read, preserve, and disclose any information as we reasonably believe isnecessary to:(i) satisfy any applicable law, regulation, legal process, subpoena or governmental request;(ii) enforce these Terms, including investigation of potential violations of it;(iii) detect, prevent, or otherwise address fraud, security or technical issues;(iv) cooperate with law enforcement authorities or prevent child exploitation;(v) respond to user support requests; or(vi) protect our, our users' or the public's rights, property or safety.6. DISCLAIMERSimpoco does not warrant, endorse, guarantee or assume responsibility for any service, advertised or offeredby a third party through the Platform or any hyperlinked website, or featured in any banner or other form ofadvertisement and Simpoco will not be a party to or in any way be responsible for monitoring any transactionbetween you and third-party providers of products or services, other than as provided herein.EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF OUR PLATFORM IS AT YOUR OWN RISK. THEPLATFORM IS PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS AND WITHOUT ANY KIND OFWARRANTY (EXPRESS OR IMPLIED). TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES ANDOUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTSSPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLEQUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, AND ANY WARRANTIES ARISINGOUT OF THE COURSE OF USING THE PLATFORM.WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE PLATFORM WILL FUNCTION AS CLAIMED, WE,OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNSAND AGENTS DO NOT GUARANTEE THAT THE PLATFORM WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUSATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. IN ADDITION, YOU AGREE THAT WE WILL NOTBE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO USERS THAT MAY RESULT FROM TECHNICAL PROBLEMSOF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS,ETC.EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY hyperlink, WE, OUR AFFILIATES AND OUR AND THEIRRESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS DO NOT MAKE ANYREPRESENTATIONS, 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 OFTHE PLATFORM.7. LIMITATION OF LIABILITYTO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVEOFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OFMONEY, GOODWILL, REPUTATION, DATA, INTANGIBLE LOSSES, SPECIAL, INDIRECT, DIRECT, INCIDENTAL,PUNITIVE OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THEPLATFORM; (II) ANY CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (III) UNAUTHORIZED ACCESS, USEOR ALTERATION OF YOUR TRANSMISSIONS; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCHLOSSES OR DAMAGES.TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANYNATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANYUNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATIONAND/OR FINANCIAL INFORMATION STORED THEREIN.IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAWYOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANYCIRCUMSTANCES EXCEED NIS 100.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.8. THIRD-PARTY RIGHTS; ASSIGNMENTThese Terms do not grant any rights or licenses, and any rights or licenses hereunder are not granted, to anythird party, and may not be transferred or assigned by you, but may be assigned by us without restriction ornotification to you.9. INDEMNITYYou agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners,officers, directors, employees, agents, and/or licensors, 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 the Platform; (ii) your violation of these Terms; (iii) your violation of any third party right, includingwithout limitation any copyright, property, publicity or privacy right.This defense, hold harmless and indemnification obligation will survive any termination of these Terms andyour use of the Platform.10. TERMINATION OR SUSPENSION OF YOUR ACCOUNTYou may terminate your use of our Platform at any time by deleting your Account. We reserve the right toterminate or suspend your Account or your access to the Platform, as set forth hereinabove.11. GOVERNING LAW AND JURISDICTIONThese Terms shall be governed and construed by the laws of the Israel, without respect to its conflict of lawsprinciples. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa,Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.SOME JURISDICTIONS MAY NOT ALLOW OR LIMIT SOME OF THE PROVISIONS OF THESE TERMS, SO THAT SUCHPROVISIONS MAY NOT APPLY TO YOU.12. SURVIVALTo the extent permitted by applicable law, all Sections of this Agreement which by their nature should survivetermination will survive the termination of this Agreement, including, without limitation Sections 1(Definitions), 4 (Your Use of the Platform), 6 (Disclosure), 7 (Disclaimer), 8 (Limitation of Liability), 10(Indemnity),12 (Governing Law and Jurisdiction), 14 (Other Important Terms).13. OTHER IMPORTANT TERMSWe reserve the right to discontinue or modify any aspect of the Platform at any time. These Terms, togetherwith the Privacy Policy hyperlink, and any other legal notices published by us on the Platform, shall constitutethe entire agreement between us concerning the Platform. If any provision of these Terms is deemed invalid bya court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remainingprovisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Termsshall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assertany right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND WEAGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCEWITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION ISPERMANENTLY BARRED.

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