1.1. In these Terms, the singular shall imply the plural, and vice versa. Headings are included for ease of reading only and should not be interpreted as having any other meaning.
1.2. The Texuto Application (hereinafter: "the Texuto Application" or "the Application") and offers you (hereinafter: "You") the ability to create online events and invite attendees to participate in those events. The events are accessed by you through a web-app or via WhatsApp and by your attendees through WhatsApp. Other means of access may be added in the future and shall be considered identical to the access means available today.
1.3. Texuto may change the Application's structure and appearance or the availability of services and content provided by the Application, without giving any advance notice, from time to time. In addition, the information obtained using the Application may not be accurate. For these reasons, no claim, suit or demand will be made against Texuto or any of its representatives in this context.
1.4. Content provided by other Texuto users is not moderated by the Application and Texuto shall take no liability on the accuracy or deliverability of any of the content on the platform.
1.5. The Application and its Materials may not operate properly, be in final form or fully functional, and may contain errors, design flaws or other problems; Texuto does not guarantee that the services provided by the Application will not be interrupted, will be given regularly and continuously without interruptions, and/or will be immune to illegal access to the Application's computers, damages, faults, malfunctions, software, hardware or communication infrastructure errors in the Application and/or that of any of its suppliers, or that it will be not be damaged in any other way. Texuto will not be responsible for any damages, whether direct or indirect, physical illness, mental anguish, etc., caused to the Application user or his/her property as a result thereof.
2.1. Some of the features and/or scales of use may require payment, whether unique, volume-wise or periodic. Payments are non-refundable.
2.2. The prices for each of the services shall be published on the Texuto website (www.texuto.com). Texuto will be entitled to update the prices from time to time, regardless of the date of the visit and/or placement of the order by the User. Texuto reserves the right to offer promotions and discounts for its services, and to apply it to only some of the services at Texuto’s discretion.
2.3. The fees for using the Texuto service will be paid through a credit card you supply, which will be securely stored on Texuto’s credit card processing service.
2.4. By accepting these terms, the User agrees to pay the fees as recorded on Texuto’s servers and according to the fees cited on the Pricing tab on Texuto’s website.
2.5. Texuto reserves the right to change its Services prices at its sole discretion, and Texuto will notify the User (to the User’s registration E-mail which was used during sign-up or updated by the User at a later stage) 30 days in advance when such a change occurs. The User acknowledges that this period is sufficient to stop using the Texuto service, should the User choose to do so, as a result of price change and/or Texuto service termination, for any reason.
2.6. In order to purchase services in the Application, a person must be an adult of at least 18 years of age (a minor making transactions shall be considered to have received his/her parent’s/guardian’s permission to make the purchase) with a valid credit card issued by one of the recognized international credit card companies or with a valid PayPal account, and must have an internet email address (which shall be given at the time of registering/ordering/purchasing on the Application).
2.7. A prerequisite for the validity of a purchase is the approval of PayPal or the relevant credit card company of the transaction and the charge.
2.8. If payments cannot be charged to a credit card or PayPal account or are otherwise incomplete or not made for any reason, Texuto reserves the right, without prior notice, to suspend, limit or terminate access to the User’s account or service level.
2.9. Following the Application registration process, the User's details will be kept by the Application, in order for the User to be able to check them at any time, change or update them, and track the status of orders. Unless the User chooses otherwise, the registration process constitutes the User's consent for his/her inclusion in Texuto's users list as well as his/her consent to receive advertisement emails on Application Products.
2.10. Texuto may cancel a transaction in case of a clerical error in the product's description and/or price, or if it arises that the transaction involved illegal activities by the User and/or any third party.
2.11. Texuto reserves the right to cancel and/or to deny any person the right to use or to make purchases on the paid features of the Application and is not obligated to provide any explanation for such a decision.
2.12. Texuto, at its sole discretion and without prior notice, reserves the right to add, remove, or make modifications to the features included in the Application at any time.
2.13. The User is responsible for maintaining the confidentiality of account and password information and agrees to accept responsibility for all activities that occur under the User’s account or password.
3. User's Application and Content
3.1. By using the Texuto Application's services, a User can create his/her own event or conversation room (the “Event”).
3.2. A User may share, upload, post to, or transmit, display, perform or distribute to his/her content inside the Event (the: “User's Content”).
3.3. Users using the Application are solely responsible for Content they share and for their interactions with other users, including their clients and audiences. Texuto is not responsible for enforcing terms or arbitrating, hearing or settling disputes that may arise between any users (Users or their audiences). Texuto reserves the right, but has no obligation, to monitor disputes between any users of the Application.
3.4. Users undertake not to upload or publish in the Application any content deemed to be:
3.4.1. harmful, hateful, vulgar, threatening, abusive, harassing, pornographic, obscene, libelous, or otherwise objectionable;
3.4.2. infringing upon any third party’s Intellectual Property, including the patents, trademarks, trade secrets, copyrights or other proprietary rights of any party;
3.4.3. contradicting applicable law or any contractual or fiduciary relationships;
3.4.4. unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial solicitation;
3.4.5. containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
3.4.6. impersonating any person or entity, or falsely stating or otherwise misrepresenting themselves or their affiliation with any person or entity;
3.4.7. intimidating or harassing another user; or, using or attempting to use another user's account, service or system, or creating a false identity on the Application.
3.5. The User acknowledges and approves that the User's Contents and other information and business methods that were publicly published by him/her to his/her App may still be used by Texuto and/or by other members of the Application even after terminating the User's account (for any reason), without limitation of time, and that no claim, suit or demand will be made against Texuto and/or any of its managers or employees in this context. This approval is deemed to be a perpetual, fully paid-up, worldwide, sub-licensable, irrevocable, assignable license to copy, distribute, transmit, publicly display or perform, edit, translate, reformat and otherwise use the User's Content in connection with the operation of the Application, services or any other similar or related business, in any medium now existing or later devised, including without limitation in advertising and publicity. The User hereby waives any claims arising from or relating to the exercise by Texuto of the rights granted under this section and will not be compensated for any exercise of the license granted under this section.
4. Intellectual Property
4.1. Copyrights, distribution rights, trade secrets, trademarks and all intellectual property of any kind, whether regarding the design and layout of the Application and/or in regard to its content and provided information (hereinafter the "Materials"), are Texuto's exclusive property, and using the Application does not give any license and/or right to the Application's contents and/or any part thereof other than specifically indicated herein. No copying and/or duplication and/or distribution and/or publication and/or any commercial use may be made of any part of the Application, whether directly or indirectly, whether in design, code or any other way, without Texuto's prior written approval.
4.2. Texuto provides the Materials under a non-transferable, non-exclusive license that is only for the commercial use of an individual User who has signed on to the Application's services (either free or paid). A User is not permitted to use the Material for any commercial means other than those stated in this document, or to transfer the Material to any third party. Any copying, modifying, assignment, transfer, sale, reprinting, sublicensing, publishing, or other distribution of the Materials is prohibited without the prior written consent of Texuto. A User may not copy, modify, reverse engineer, translate, port, or make derivative works of the Materials. A User may not sell, assign, lease, rent, sublicense, market, disclose, publish, or transfer the Materials. A User may not derive or attempt to derive the source code or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation, or any other means. A User will not alter or remove any copyright notice or proprietary legend contained in or on the Materials.
4.3. The license herein is effective until terminated by the User or by Texuto. The User’s rights under this license will terminate automatically without notice should the User fail to comply with any of the Terms. Upon termination of the license, the User shall cease all use of the Application and shall destroy all of his/her copies, full or partial, of it.
4.4. The name Texuto and Texuto's trademarks (whether registered or not) are all the exclusive property of Texuto. No use of these trademarks may be made without receiving Texuto's prior written approval.
4.5. All Users must comply with all applicable national and international copyright and similar laws and must not infringe on the rights of others. Texuto does not monitor in any manner whether Users are complying with those laws or honoring those rights, and Texuto is not responsible for protecting the copyright, license or other similar rights of any User.
4.6. Texuto takes the infringement of the intellectual rights of others seriously, and shall take any attempt to use the Application as a means of infringing or harming the intellectual rights of others. Therefore, if a User believes that any material on the Application violates any of his/her Intellectual Property rights, the User may send written notification of such infringement to our Customer Service (email: email@example.com) with the following details:
4.6.1. The complainer identification and contacts.
4.6.2. Full details of such alleged infringement, including an identification of the copyrighted work claimed to have been infringed, and a statement that the complainer is the owner of an exclusive right that is allegedly infringed;
4.6.3. A statement that the complainer has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
4.6.4. A statement that the information in the notification is accurate and under penalty of perjury.
4.7. Texuto may promptly and without notice suspend and/or terminate file or content exchanges and/or cease a User’s access to the Application if Texuto believes an infringement on the rights of others under copyright law or other applicable law may be occurring.
5. Customer Service
For additional information about the Application, its way of operation, details about its services, or for any other question, you can contact the Application's Customer Service Department, available at firstname.lastname@example.org. During Texuto's business hours, Texuto's representatives will be happy to assist you in any matter, to make your visit to the Application more pleasant, and to assist you in the buying process.
6. Confidentiality of the User's Personal Details and Data Security
6.1. In order to maintain the confidentiality of the information provided by the User when using the Application, Texuto uses advanced data encryption technologies. In addition to the foregoing, Texuto may record IP addresses and/or phone numbers for actions made in the Application for any purpose, and if it detects a fraud or scam attempt, it shall report this immediately to law enforcement authorities.
6.2. Texuto undertakes to maintain discretion in all matters related to the User's personal details. In addition, Texuto undertakes not to make any use of the User's personal details, and/or to transfer them to any other entity, without the User's consent, except as necessary in order to process his/her order.
6.3. Texuto shall be permitted to use the User's personal information only for internal requirements and for complaint and/or review inquiries.
6.4. Texuto shall not be considered to be breaching any commitment to privacy, or to be infringing a User's privacy in regard to any information which could be used to identify a User or for him/her to be tracked by another, resulting from the use of electronic means of communication in general, and computer communication specifically.
7. Exemption from Liability
7.1. Texuto shall not be liable for any personal injury, property or environmental damage, loss, or any damage or expense caused to the User and/or any third party in connection to any action and/or negligence resulting from any third party. Texuto shall not be liable for any neglect and/or action of any kind which creates any relationship between the User and any third party and/or resulting from such a relationship, even if the User learns of the third party and/or about its sales Application and/or has approached the third party and/or the third party's and/or a supplier's Application through a link appearing on the Application.
7.2. Texuto and/or its representatives shall not be liable and shall not have to pay, directly or indirectly, any damages, whether direct, indirect, constructive or special, monetary or otherwise, caused to the User or any third party as a result of or due to the use of or reliance on information and/or services appearing in the Application and/or any third party's content, including personal injury, death, property or environmental damage, loss of income and/or prevention of profit caused for any reason.
7.3. When information and contents are given on the internet, there is a concern that the User's contents may be exposed, viewed and used by other people on the internet, and Texuto is not liable for their security and/or for any damage and/or loss and/or expense caused to the User and/or any third party as a result of this. For the avoidance of doubt, it is clarified that Texuto shall not be responsible for any damage caused to the User as a result of the use of or reliance on information included in services linked to the Application. Texuto is not responsible for the contents of those Applications or for the data published in them.
7.4. The publication of User contents on the Application, or the placing of a link in the Application, shall not be interpreted as offers made to a User or as a show of support, encouragement, provocation, solicitation or sponsorship by Texuto for those contents and/or services provided by others. Texuto is not reviewing the Applications that it is being linked to, and Texuto is not responsible for the content, accuracy or opinions expressed in such other Applications.
7.5. Without derogating from the foregoing, Texuto shall in no case be liable for a damages sum exceeding the price of the services purchased and paid for by the applicable User.
8. Termination of the services
8.1. Should a party (Texuto or a User) wish to cancel its engagement with the other party (including for the reason of termination of the Texuto services), it is entitled to issue written notice of cancellation. Cancellation will take effect 30 days after receipt of the written notice of cancellation. Notwithstanding the above, Texuto is entitled to temporarily or permanently terminate the services provided to the subscriber, or limit said services, with no prior notice, if one of the following has accrued:
8.1.1. the subscriber has failed to make payment on time;
8.1.2. Texuto has become reasonably concerned that the subscriber will not pay for said services;
8.1.3. the subscriber violated any of the terms of the contractual arrangement with Texuto, including the provisions of this statute;
8.1.4. the subscriber declared bankruptcy or a trustee was appointed for him/her, in a bankruptcy, temporary or permanent receivership, temporary or permanent liquidator, as the case may be, or if an application was submitted in this context with the court and was not withdrawn within 30 days from the date of its submission, etc.
8.2. Should the subscription be terminated by Texuto, the subscriber will pay for the services used until the date of termination.
8.3. Effect of termination: Should the subscription be terminated, for any reason, Texuto shall be entitled to permanently delete any information of the applicable User and/or his/her audiences, and no claim, suit or demand will be made against Texuto and/or any of its managers or employees in this context (including for loss of reputation and revenues).
9.1. Texuto's computer records regarding the transactions performed through the Application shall constitute prima facie evidence of the correctness of the transactions.
9.2. Sole, exclusive jurisdiction for all matters related to the use of the Application is given only to the authorized courts in the State of Israel (Tel Aviv district), and only the laws of the State of Israel shall apply to the use of the Application.
9.3. If any provision of these Terms is declared invalid or unenforceable, the remaining provisions of the Terms will remain in effect.
9.4. Texuto may update these Terms at any given time, without any advance notice.