DEVITE Mobile App Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

1. AGREEMENT TO TERMS:

• 1.1. Devite is a Software Application (the "App" or the "Software Application" ) that provides a platform that enables users to send SMS messages easily and efficiently, in a simple and efficient manner, emphasizing the management and transmission of personalized messages for various purposes, including but not limited to event invitations, reminders, and business communications (the "System" and/or the "Services" ). Additionally, the App enables to order printing services for event invitations through the App (the "Products" ).
• 1.2. These Terms and Conditions constitute a legally binding agreement between you (whether personally or on behalf of an entity, referred to as "you" or "your") and Devite (referred to as "we," "us," or "our"), the provider of the Devite software application (the "App" ). This agreement covers your access to and use of the App, including any related website, platform, or service connected to it. By accessing the App, you confirm that you have read, understood, and agree to be bound by all of these Terms and Conditions
• IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SOFTWARE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY
• 1.3. Before using the software application you agree and articulate that you accept, acknowledge and understand that in no circumstance or event, or by no means are we or our directors, employees, or agents liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including any loss or other damages arising from your use of the software application, even if we have been advised of the possibility of such damages. The software application are intended to be used strictly as an aid for you, and we, or any of our entities or subsidiaries accepts zero responsibility for the care of any subjects, entities or peoples, pertaining to the use of the software application. Therefore, their use should not lead to a decrease in vigilance or any general prudence principle. We offer no warranties or representations about the accuracy or completeness of the software application, and we assume no liability or responsibility for any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the software application
• 1.4. We reserve the right to change, modify, or remove the contents of the App or these Terms and Conditions at any time or for any reason at our sole discretion. We will indicate changes to these Terms by updating the "Last Updated" date at the bottom. For significant or material changes to these Terms, we will also make reasonable efforts to notify you through the App interface or via email, providing a summary of the changes. However, it remains your responsibility to periodically review these Terms and Conditions to stay informed. Your continued use of the App after revised Terms are posted signifies your acceptance of the changes.
• 1.5. The information provided on the Software Application is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use is contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Software Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, where applicable.
• 1.6. THE SOFTWARE Application is intended for users who are legally 18 years of age.
• 1.7. The terms of this terms & conditions constitute all agreements and understandings regarding the use of the application. Failure to execute or enforce a right or provision in these Terms & Conditions will not be considered a waiver by the application of the right or enforcement of the provision. The application will be entitled to assign to others all or part of its rights and / or obligations in these terms & conditions.
• 1.8. In the event that it is determined that a provision in these terms & conditions is not enforceable or is invalid for any reason, this will not affect or impair the legality, validity and enforcement of the other provisions of this terms & conditions.

2. INTELLECTUAL PROPERTY RIGHTS:

• 2.1. Unless otherwise indicated, the Software Application is our property, and all source code, databases, functionality, software, application, designs, audio, video, text, photographs, and graphics on the Software Application collectively, hitherto known as the "Content," in addition to the trademarks, service marks, and logos contained therein, hitherto known as the "Marks" are owned or controlled by us or licensed to us. The Content and the Marks provided on the Software Application are "AS IS" for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Software Application, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
• 2.2. Provided that you are eligible to use the Software Application, you are granted a limited license to access and use the Software Application and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use.
• 2.3. The trademarks, photographs, content, images and advertisements of the Software Application business partners are the property of these advertisers only. They must also not be used without the prior written consent of the advertiser.

3. USER REPRESENTATIONS:

• 3.1. Before using the Software Application, the users of the Software Application declare, confirm and agree that they know:
• 3.1.1 That attempting to impersonate another user or person or to use another user's username and / or password is a violation of these Terms & Conditions;
• 3.1.2 That you may not sell or transfer your personal account to any other party;
• 3.1.3 That the information you entered when registering and / or using the Software Application is correct, up-to-date, accurate and complete and that you do not enter incorrect information when registering for the Software Application and setting up a profile;
• 3.1.4 That the Software Application must not be used in a manner inconsistent with the law, regulations and any court ruling;
• 3.1.5 That any action in the Software Application is done at the sole responsibility of the user and the user will not have any claim and / or demand against the Software Application, its managers, employees or anyone on its behalf and they will not be responsible, directly or indirectly, for any damage, including body, property or any other damage or any other loss, which will be caused as a result of using the Software Application and / or decisions made as a result of using the Software Application, even if the Software Application warned, recommended or advised for a particular matter and in no case the Software Application will be a substitute or responsibility for user decisions;
• 3.2. By using the Software Application, you represent and warrant that: (1) Your use of the Software Application and is at your own risk and responsibility and by no means do we guarantee its effectiveness or reliability, (2) All registration information you submit will be true, accurate, current, and complete, (3) You will maintain the accuracy of such information and promptly update such registration information as necessary, (4) You will not access the Software Application through automated or non-human means, whether, through a bot, script or otherwise, (5) you will not use the Software Application for any illegal or unauthorized purpose, (6) Your use of the Software Application will not violate any applicable law(s) or regulation(s).
• 3.3. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any existing or future use of the Software Application or any portion thereof.

4. FEE AND PAYMENTS:

• 4.1. Prices, availability, and other purchase terms are subject to change. The Site reserves the right without prior notice to discontinue or change specifications and prices on the services and/or products offered on and outside of the Site without incurring any obligation to you.
• 4.2. You are responsible for providing true, accurate, current, and complete information when ordering Services and/or products through the Site or otherwise. If you use the Site or other means to purchase a Service and/or products, payment must be received prior to acceptance of an order. The Site may need to verify information you provide before accepts your order, and may cancel or limit your order any time after it has been placed. If payment has already been made and your order is cancelled or limited, The Site will refund any payment you made for the order that will not be delivered due to cancellation or limitation of an order in the same tender as the original purchase.
• 4.3. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Service and/or products you have purchased, you agree that we may, at our option, suspend or terminate delivery of order and may require you to pay any overdue amounts incurred (including third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
• 4.4. Purchases of services and/or products through the Site may be subject to other terms and conditions that are presented to you at the time of purchase.
• 4.5. Registration and access to the system shall be subject to the login and registration policy outlined above.
• 4.6. The services and the access to the System will be provided through the App, on the user's personal account.
• 4.7. By purchasing Services, you confirm that: (1) your account is personal; (2) you will be solely responsible for any actions or use made from your account; (3) you will not allow others access to your account; (4) the payment for the Services is personal, and the services are for personal use only.
• 4.8. We reserve the right to change, modify, or remove the System and the options on the System at any time or for any reason at our sole discretion without notice.

5. LOGIN AND REGISTRATION POLICY:

• 5.1. Login and Registration Process:
• 5.1.1. Access to the system is provided via a username (mobile number) and a one-time password (OTP) sent to the user via SMS.
• 5.1.2. The user enters their mobile number, receives an OTP via SMS, and uses it to log in to the system.
• 5.2. OTP Request Limits:
• 5.2.1. Users are allowed up to two OTP requests within a 24-hour period.
• 5.2.2. If the first OTP is lost, the user can request a second OTP.
• 5.2.3. If both OTPs are lost, the user will not be able to request another OTP until 24 hours have passed.
5.3. Assistance for Access Issues: If the user cannot access the system after losing both OTPs, they may contact customer support for assistance in generating an additional OTP.

6. PURCHASE OF PRODUCTS:

• 6.1. The products are printed exclusively on white 300g glossy paper. The standard size for the products is 12x16 cm.
• 6.2. Customers may contact the App via WhatsApp to request modifications, such as a different size or paper, design changes or any other specific requests. however, we do not guarantee that the price paid through the app will remain the same, and additional charges will apply. These additional charges will be determined based on the customer’s request modifications.
• 6.3. Customers may also send us the file as a PDF via WhatsApp or email. The app undertakes to use the file solely for the purpose of printing and for no other use.
• 6.4. It is the customer's responsibility to ensure that all details are entered correctly. The App shall not be held liable for any mistakes or errors, including but not limited to proofreading and spelling mistakes, made by the customer when entering the order details. The customer acknowledges and agrees that any such mistakes or errors made in entering the order details are their sole responsibility, and they shall have no claim or demand against the website for any mistakes or errors made by them during the order entry process. The customer must confirm the order and ensure that it is correct and to their satisfaction, and that there are no mistakes or errors, before finalizing the order.
• 6.5. The customers acknowledges and declares that they are aware that there may be significant differences in color shades between the display of the ordered products and the printed products. The customer understands that changes in color shades may occur between the display of the products on the device used to place the order (such as a computer, tablet, mobile phone, or any other screen) and the shades of the printed product. Such discrepancies in color shades between the displayed product and the printed product will not be considered in any way as an improper or defective product, and the customer shall not have any claim or demand against the App in this regard.

7. PRODUCTS SHIPPING POLICY:

• 7.1. Orders placed on the site will ship to the address provided by the customer and/or to any other location agreed upon by the parties while placing the order.
• 7.2. Shipping of products will be supplied and delivered within 14 business days by Israel Post.
• 7.3. “Business day”- any day except for any Friday, any Saturday and any day which is an Israeli holiday or any day on which the Israeli banking institutions are authorized or required by law or other governmental action to close.
• 7.4. It is hereby clarified that the products are sent to the purchaser via Israel Post to the address provided at the time of placing the order. The products will not be distributed to the addresses of the guests selected by the customer.
• 7.5. The shipping cost is not included in the price of the products. The shipping cost may be updated from time to time in accordance with what is stated when placing the order on the website.
• 7.6. The minimum order for printing services is 100 invitations, and orders below this quantity will not be accepted.
• 7.7. The order will be shipped according to the following terms:
• 7.7.1. there is reasonable access to the location which the order is being shipped;
• 7.7.2. if the order is being shipped to an organization, institution or settlement that cannot be reached without special authorization and/or does not have marked streets and/or marked house numbers, the order will be delivered to the distribution point of that same location.
• 7.8. The Site will not be held responsible for any delay and/or problem with the shipment of orders caused by the following terms:
• 7.8.1. force majeure and/or events that are out of the Site’s control;
• 7.8.2. for reasons related to the Israel Post;
• 7.8.3. an economy close, so that the Site’s operations and/or the Site’s suppliers and/or service providers are impaired for whatever reason.

8. CANCELLATION POLICY:

• 8.1. The service can be canceled and a refund can be issued within 48 hours prior to the scheduled time of sending the SMS (as determined by the user).
• 8.2. Cancellation of a service purchase after the service has been used will not be permitted, and the customer shall not be entitled to any refund.
• 8.3. Product purchases can be canceled up to 72 hours after the order is placed for a full refund. After this period, the customer will not be entitled to any refund, as the products are custom-designed and printed products.
• 8.4. The aforesaid above is subject to the Israeli Consumer Protection Law, 1981.

9. THE USE OF THE SYSTEM:

• 9.1. The system is for a personal use only. The system is solely an auxiliary tool, and all responsibility for the use of the system, the files and the information uploaded to the App lies solely with the user. The full and exclusive responsibility for any result arising from the use of the system lies solely with the user.
• 9.2. The user commits to operate in accordance with the provisions of the Communications Law (Bezeq and Broadcasting) (Amendment No. 40) - 2008 (the "Spam Law"), or any other relevant law in the country the App is used and in the destination country where the contacts are located.
• 9.3. We shall not hold the user responsible for any conduct contrary to the provisions of the Spam Law and the relevant laws, including claims and legal proceedings against the user due to unauthorized use of the App.
• 9.4. The App should be used appropriately, and only messages that do not contain defamation, explicit content, bot content, offensive content, harassing content, sexual content, content including profanity, or any other inappropriate behavior, etc., should be transmitted. We will not be responsible for improper conduct with the App and for messages as stated above, and the responsibility will be solely on the user.
• 9.5. The information that transfers by the user through the use of the App, including content, messages, contacts, etc., is the sole responsibility of the user. Any action taken within the App is the sole responsibility of the user, and the user is solely responsible for any damages (including, but not limited to, consequential damages) of any kind incurred by the user.
• 9.6. It is prohibited to upload to the system files protected by copyright, without explicit written permission from the copyright holder.
• 9.7. The system must not be used for any illegal purpose. The use of the system contrary to the law and this terms, is the sole responsibility of the user, and we reserve the right to immediately remove and/or block any user who violates these terms and/or uses the system contrary to the law.
• 9.8. The messages sent by the user through the use of the App include a link that allows the recipient to add the order and event details to their personal device calendar. On some devices, an ICS file may be downloaded after setting the reminder and preparing the order and event details for the calendar. It is clarified that this file is intended solely for adding the order and event details to the calendar and does not contain any additional or different information from the order details sent in the message. It is strictly prohibited to make changes to this file for other purposes or any use that does not align with its original intended purpose.
• 9.9. The service is provided through a third-party company, and the use of the App and the Services will be subject to the terms of use and policies of the third-party company.

10. GUEST LIST UPLOAD AND CONTACT IMPORT:

• 10.1. Users may upload an Excel (.xlsx) file to import guest information for event invitations.
• 10.2. The uploaded file must strictly follow the template provided in the App and include only the following fields: First Name, Last Name, Country Code, Phone Number.
• 10.3. The file must be in English. Files in other languages will not be processed.
• 10.4. The user bears full responsibility for the content of the uploaded file.
• 10.5. The file must not contain any of the following: Offensive, racist, or discriminatory language sexual, violent, profane, or harassing content Any form of malware, viruses, or malicious code Any violation may result in the immediate suspension of the user's account and may expose the device owner to legal proceedings, including class action lawsuits or prosecution under Israeli law. The file upload feature is intended solely for simplifying guest data entry. It may not be used for any other purpose.
• 10.6. Users may import contacts stored locally on their device.
• 10.7. This requires granting the App permission to access the device's contacts.
• 10.8. Once permission is granted, the App retrieves and displays contact names and numbers as saved on the device.
• 10.9. The user selects which contacts to invite.
• 10.10. The country code is automatically appended based on the selected country. It is the user's responsibility to verify that the contact names and numbers are correct before sending invitations.
• 10.11. Users may download guest responses in an Excel file format.

11. EVENT LOCATION SELECTION:

• 11.1. The App provides two options for selecting an event location:
• 11.1.1. Venue Name Manual;
• 11.1.2. Pin Placement on Google Maps;
• 11.2. When updating an existing campaign, the user is required to reselect the event location using the map interface.
• 11.3. The location is confirmed by moving a map pin to the desired spot and pressing “Confirm”.

12. COUPONS AND DISCOUNTS:

• 12.1. Users may enter a coupon code before making a payment to receive a discount.
• 12.2. Only coupon codes generated and issued by the App provider are valid.
• 12.3. Any third-party or expired codes will be rejected with the message.
• 12.4. The App administrators are solely responsible for the creation, activation, and expiration of all coupon codes.
• 12.5. Users may not share, reuse, or distribute codes beyond their intended scope.

13. PROHIBITED ACTIVITIES:

• 13.1. You may not access or use the Software Application for any purpose other than that for which we make the Software Application available. The Software Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
• 13.2. As a user of the Software Application, you agree not to:
• 13.2.1. Systematically retrieve data or other content from the Software Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• 13.2.2. Make any unauthorized use of the Software Application, including collecting usernames and/or email addresses or ANY DATA of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• 13.2.3. Circumvent, disable, or otherwise interfere with security-related features of the Software Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Software Application and/or the content contained therein.
• 13.2.4. Engage in unauthorized framing of or linking to the Software Application.
• 13.2.5. Deceive, defraud, or mislead other users and/or us, especially in any attempt to learn sensitive account information such as user passwords, or any other data.
• 13.2.6. Make improper use of our support services or submit false reports of abuse or misconduct.
• 13.2.7. Engage in any automated use of the Software Application, such as using scripts to send comments or messages, or using any data mining, data mining tools, robots, or similar data gathering and extraction tools.
• 13.2.8. Interfere with, disrupt, or create an undue burden on the Software Application or the networks or services connected to the Software Application.
• 13.2.9. Attempt to impersonate another user or person or use the username of another user.
• 13.2.10. Sell or otherwise transfer your profile.
• 13.2.11. Use any information obtained from the Software Application in order to harass, abuse, or harm another person.
• 13.2.12. Use the Software Application as part of any effort to compete with us or otherwise use the Software Application and/or the Content for any revenue-generating endeavor or commercial enterprise.
• 13.2.13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Software Application.
• 13.2.14. Attempt to bypass any measures of the Software Application designed to prevent or restrict access to the Software Application, or any portion of the Software Application.
• 13.2.15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Software Application to you.
• 13.2.16. Delete the copyright or other proprietary rights notice from any Content.
• 13.2.17. Copy or adapt the Software Application's software, including but not limited to PHP, HTML, JavaScript, or other code.
• 13.2.18. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Software Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Software Application.
• 13.2.19. Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Software Application, or using or launching any unauthorized script or other software.
• 13.2.20. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Software Application.
• 13.2.21. Use the Software Application in a manner inconsistent with any applicable laws or regulations.
• 13.3. Any use of the Software Application in violation of the preceding violates these Terms and Conditions and may result in, but not limited to, termination or suspension of your rights to use the Software Application.

14. APPLE AND ANDROID DEVICES:

• 14.1. The following terms apply when you use the Software Application obtained from either the Apple Store or Google Play (hitherto known as the "App Distributor"):
• 14.1.1. The license granted to you for our Software Application is limited to a non-transferable license to use the Software Application on a device that utilizes the Apple iOS operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service.
• 14.1.2. We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the Terms and Conditions of this Software Application.
• 14.1.3. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country, (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
• 14.1.4. You must comply with applicable third-party terms of agreement when using the Software Application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application.
• 14.1.5. You acknowledge and agree that the App Distributors are third-party beneficiaries of the Terms and Conditions in this Software Application license and that the App Distributor will have the right (and will be deemed to have accepted the right) to enforce the Terms and Conditions in this Software Application license against you as a third-party beneficiary thereof.

15. THIRD-PARTY CONTENT:

• 15.1. The Software Application may contain (or you may be sent via the Software Application) links to other Software Applications, hitherto known as "Third-Party Software Applications," as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third-parties. Third-Party Software Applications and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Software Applications accessed through the Software Application or any Third-Party Content posted on, available through, or installed from the Software Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Software Applications or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Software Applications or any Third-Party Content does not imply approval or endorsement thereof by us.
• 15.2. If you access in any way on any platform the Third-Party software applications or use or install any Third-Party Content or Applications, by exiting the software or accessing a link in our software that takes you to a Third-Party Application or software, you do so at your own risk, and you should be aware these Terms and Conditions are null and void. You should review the applicable terms and policies, including privacy and data gathering practices, of any software application to which you navigate from the Software Application or relating to any applications you use or install from the software application.
• 15.3. Any purchases you make through Third-Party software applications will be through other software applications and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable Third Party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party software applications, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or damage caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party software applications.

16. SOFTWARE APPLICATION MANAGEMENT:

• 16.1. We reserve the right, but not the obligation, to (1) monitor the Software Application for violations of these Terms and Conditions, (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities, (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof, (4) in our sole discretion and without limitation, notice, or liability, to remove from the Software Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage the Software Application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Software Application.

17. COPYRIGHT INFRINGEMENTS:

• 17.1. We respect the intellectual property rights of others. If you believe that any material available on or through the Software Application infringes upon any copyright you own or control, please immediately notify us using the contact information provided below.

18. TERM AND TERMINATION:

• 18.1. These Terms and Conditions shall remain in full force and effect while you use the Software Application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SOFTWARE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SOFTWARE APPLICATION OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
• 18.2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Additionally, to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

19. MODIFICATIONS AND INTERRUPTIONS:

• 19.1. We reserve the right to change, modify, or remove the contents of the Software Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Software Application.
• 19.2. We also reserve the right to modify or discontinue all or part of the Software Application without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Software Application.
• 19.3. We cannot guarantee the Software Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Software Application, resulting in interruptions, delays, or errors. By use of the Software Application, you acknowledge that we are not liable for any inconvenience or harm that may be related to the aforementioned.
• 19.4. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Software Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Software Application during any downtime or discontinuance of the Software Application. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Software Application or to supply any corrections, updates, or releases in connection therewith.

20. GOVERNING LAW:

• 20.1. These Terms and Conditions and your use of the Software Application are governed by and construed in accordance with the laws of the State of Israel applicable to agreements made and to be entirely performed within the State of Israel, without regard to its conflict of law principles.
• 20.2. Any legal action of whatever nature brought by either you or us collectively, the "Parties" and individually, a "Party" shall be commenced or prosecuted in the state Israel, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-convenience.

21. CORRECTIONS:

• 21.1. There may be information on the Software Application that contains typographical errors, inaccuracies, or omissions that may relate to the Software Application, including descriptions, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Software Application at any time without prior notice.

22. DISCLAIMER AND LIABILITY:

• 22.1. THE SOFTWARE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SOFTWARE APPLICATION SERVICES WILL BE AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMITTED BY LAW.
• 22.2. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE APPLICATION AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SOFTWARE APPLICATION'S CONTENT OR THE CONTENT OF ANY SOFTWARE APPLICATIONS LINKED TO THIS SOFTWARE APPLICATION, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY, (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE APPLICATION, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SOFTWARE APPLICATION BY ANY THIRD PARTY.
• 22.3. Users hereby confirm and declare that they are aware that the responsibility for the use of the System and services lies solely with the user.


• 22.4. Users will have no claim against the App, its administrators, or its representatives, and they will not be responsible, directly or indirectly, for any damage, property damage, or any other loss, resulting from receiving services from the App and/or using the System, even if the App cautioned, recommended, or advised on a specific matter or a specific service. In any case, we will not serve as a substitute or bear the user's responsibility or the service recipient's responsibility. The user bears responsibility and all necessary risks for any damage caused to them or to third parties arising from the use of the System and the services.
• 22.5. The information appearing on the Software Application should be not construed as a promise of any result and/or responsibility for the activity of the services on the Software Application. the Software Application will not be responsible for any damage, direct or indirect, which will be caused to the user as a result of service provided to you and / or relying on information appearing on the Software Application and/or links to other sites and/or any other source of internal and/or external information and/or use of services displayed by the Software Application.
• 22.6. The provision of Services is subject solely to the discretion of the App, and we shall not be held responsible for any delay or failure in the provision of services resulting from force majeure, third parties, or events beyond its control. Such events may include but are not limited to communication problems, technical difficulties, internet network problems, email problems, war, strikes, shutdowns, acts of sabotage, disturbances to public order, acts or omissions of third parties or restrictions imposed by them, laws, regulations, orders, or other government instructions, security restrictions, epidemics, closures, or other circumstances beyond its control.

23. INDEMNIFICATION:

• 23.1. You agree to defend, indemnify, and hold us harmless, including our affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of, (1) use of the Software Application, (2) breach of these Terms and Conditions, (3) any breach of your representations and warranties set forth in these Terms and Conditions, (4) your violation of the rights of a third party, including but not limited to intellectual property rights. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

24. MISCELLANEOUS:

• 24.1. These Terms and Conditions and any policies or operating rules posted by us on the Software Application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time.
• 24.2. If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term will, to that extent, be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.

25. CONTACT US:

• 25.1. In order to resolve a complaint regarding the Software Application or to receive further information regarding the use of the Software Application, please contact us by:

  Phone: +447397280757;
  Email: info@deviteapp.com

  All rights in this document above reserved to Daniel Bahry law office.

  Last updated: May 2025