Terms of use for users of the site

Last Updated Date 11/05/2023

  1. General
    1. These Terms of Use (hereinafter: the “ToU“) constitute a binding legal agreement entered into between you (the “User“), whether personally or by anyone on your behalf, and Spitch Technology Ltd. (hereinafter: the “Company“) regarding your access to the MySPitch website (hereinafter: the “Website“)https://www.byondpitch.com/ and its ToU, as well as all applications (hereinafter: “Apps“) related to the Website.
    2. Using the Website attests to your agreement to the ToU and the Website’s Privacy Policy (hereinafter: “Privacy Policy“), as phrased and in their entirety.
    3. The Company may temporarily or permanently restrict or block the access of users who violate the ToU and/or in any way misuse the content and/or services offered without derogating from its right to any other relief, depending on the circumstances of the matter.
    4. The Company may terminate the provision of the services and/or the activity of the Website temporarily or permanently without delivering a prior notice.
    5. The Company reserves the right to contact any relevant party, including credit/clearing companies, banks and/or law enforcement agencies, in case of suspicion of prohibited acts pertaining to the means of payment or at all.
    6. The information is written in masculine for convenience purposes only and relates to all genders.
  2. Services
    1. The Website and the Platform enable visual online meetings between the User and third parties who may display audio, video, imagery, and other content (hereinafter: the “Services“).
    2. The Services are provided by the Company as is and as available. The Company is not responsible for their quality and/or availability. The Services are intended for users 18 years of age or older only.
  3. Acceptable use of the Website
    1. The User undertakes and declares that he/she will not perform actions on the Website that may restrict or prevent others from using the Website; and that he/she will not use the Website in a manner that does not comply with any law, including changes to or deletions of information or content, nor will he/she overload the Website in a manner that will harm the quality of Service to other users.
    2. The permitted use of the information and content on the Website is for private and personal purposes only. Users may not transfer and/or enable the transfer of information or content, with or without consideration, to any third party.
      1. 3. The User undertakes to:
        1. 3.1. Not make any commercial use of the information and content on the Website or any part thereof.
        2. 3.2. Not use the Website and/or operate the Website in connection with the following: (a) copying, modifying, processing, translating, re-engineering, reverse engineering or attempting to derive the source code of the Website and/or Services and/or any part thereof; (b) using various computer programs or means of automation (including a robot, spider, scraper) to gain unauthorized access to the Services or the Company’s systems. (c) sending, storing, or transmitting viruses or other malicious computer code through or on the Company’s Services; (d) interfering with or impairing the safety, security mechanisms, confidentiality, fairness, availability or performance of the Company’s services; (e) creating accounts for the Company Services by unauthorized or automated means; (f) collecting information of or about Company Users in unauthorized or unacceptable methods; (g) creating software or APIs that essentially operate in the same manner as the Company Services and offer them for use by third parties in an unauthorized manner; or (h) misusing any reporting channels, such as by submitting false or baseless reports or appeals.
        3. 3.3. Not make illegal, inappropriate or offensive use of the Website and/or Services. It is prohibited to use (or assist others to use) the NGC Services in ways that: (a) violate, misuse or infringe the rights of the Company or its Users, including the rights for privacy, publicity, intellectual property or other proprietary rights; (b) is unlawful, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or incites or encourages conduct that would be considered illegal or otherwise inappropriate; (c) contains the propagation of lies, misrepresentations or misleading statements; (d) impersonate another person, or include forgery, deception, or fraud; (e) involve non-personal use of our Services, unless otherwise permitted by us.
        4. 3.4. The User agrees that, without prejudice to any other right of the Company, in cases where the Company suspects that a User’s usage is inconsistent with the provisions of the ToU and/or any law, the Company shall be entitled to take any action that it deems fit to protect its property and/or its rights and the rights of other Users, among other things, preventing the User from accessing the Website and documenting and/or tracing the User’s usage of the Website. It should also be clarified that the Company may transfer details regarding the User’s identity and actions performed on the Website to third parties, including if the third parties prove, to the Company’s utmost satisfaction, that the User’s infringing activity harms them.
        5. 3.5. The Services may include or combine third-party products, materials, information or intellectual property (“Third Party Components”). Third-Party Components are owned by third parties and not by the Company and may be provided to the Users under Terms and Conditions different from those appearing in the Company’s ToU. It is the User’s responsibility to comply with the provisions of such Terms and Conditions.
        6. 3.6. You may not access or use the Services if you are a direct competitor of the Company or to track the availability of the Services, performance, functionality, or for any other purpose of comparison or competition.
        7. 3.7. The User undertakes to indemnify and compensate the Company immediately upon its demand for any damage, direct or indirect, and/or any expense caused to the Company in connection with a claim and/or demand arising from the use of the Website, including any action contrary to these ToU or the provisions of any law, including pertaining to any infringing content that the User publishes on the Website.
      2. Intellectual Property
        1. The Website as a whole and the information appearing therein, including its content (and without derogating from the generality of the aforementioned – its design, software applications, names and trademarks, and any other detail appearing therein or embodied therein), are the exclusive property of the Company or of third parties who have permitted the Company to use them and are protected by law, including the laws of the State of Israel, international conventions and the laws of foreign countries. Without derogating from the generality of the aforementioned, the rights in any trademark of the Company shall remain in its sole possession, and the Users may not make any use of it.
        2. The User undertakes to act in accordance with the aforementioned laws and conventions and is prohibited from causing any change or distortion in the information, copying, publishing, distributing, transmitting, presenting, performing, duplicating, issuing a license, creating derivative works or selling or renting any part of the information contained in the Website and/or using the names and trademarks displayed on the Website, without the Company’s prior written consent.
        3. The term “Customer Data” in this ToU means electronic data and information sent by or on behalf of the User to the Services or collected and processed by the User while using the Services. The User declares that he/she has full rights to use and/or grant the Company the aforementioned rights in the Customer Data. The User hereby grants the Company the right to access, use, copy, process, store, transmit, distribute, perform, modify and display the Customer Data and its derivatives in connection with the provision of the Services, as well as to improve the Services, develop new products and services, perform all other actions authorized by you in connection with the Customer Data, and comply with applicable laws.
        4. Furthermore, the Company may process aggregated and anonymous general usage data on the Platform and extract anonymous Customer Data for its legitimate business purposes. For clarity, nothing in this Section 5.2 gives the Company any right to publicly identify you or any individual User as a source of such Usage Data.
        5. If the User provides the Company with any feedback, comment or suggestion regarding the Application (hereinafter: “Feedback“), the Company will receive an exclusive, royalty-free, perpetual, worldwide and irrevocable license to integrate the Feedback into all of the Company’s current or future products and services, and will also be entitled to use, without obtaining the User’s approval, the Feedback for any purpose whatsoever, all without granting the User any consideration. The User acknowledges that the Feedback will be considered non-confidential information. In addition, the User declares that the Feedback is not subject to license terms that may obligate the Company to meet additional obligations in connection with its products and/or services that incorporate the Feedback.
      3. Responsibility
        1. The Services offered on the Website, as well as the content and information contained therein, were produced and/or uploaded to the Website to display them by third parties and are not controlled by the Company. Accordingly, these contents are presented as is and as availablewithout any obligation, representation or warranty of any kind regarding their suitability for the User’s needs, for specific purposes, for the up-to-dateness of the content and/or for their correctness and/or absence of copyright infringement. The Company is not responsible for the accuracy, reliability, or completeness of the contents, the lack of errors in them, or their effect on the computers used by the Users. The use and reliance on the contents are the User’s sole responsibility. The Company shall not be deemed liable for any consequence of using the Website and its content thereof (including the Services and/or products offered on the Website by third parties) by the User. The use of the content, including its results, is the sole responsibility of the User. The images on the Website are presented for illustration purposes only and are not binding.
        2. The Website, the content appearing therein, and the Services offered within its framework are general in nature, addressed to the general public and are not intended and/or directed and/or explicitly directed to any user. The content and/or Services and/or any advice, recommendation or opinion received through the Website (if and to the extent received) should not be relied upon to make any decisions, including on professional, commercial, legal, personal, financial and other matters. The Website should not be construed as any other legal or professional advice. You should consult an appropriate expert to obtain advice tailored to your particular circumstances and case data. The User is solely and fully responsible for any use he/she makes and/or will make of the content displayed on the Website.
      4. Limitation of Liability
        1. Notwithstanding the provisions of any law or agreement, in no event shall the Company and/or its affiliates and/or their officers and/or their shareholders and/or employees and/or anyone on their behalf or any other third party mentioned on the Website be liable for any damages (including, but not limited to, direct, indirect or consequential, including harms resulting from loss of profits, loss of data or disruption of the course of business, damage to reputation, etc.) pertaining to and/or as a result of entering and/or using the Website, inability to use the Website or the effects of using the Website (including any of the content, Services and/or products offered therein), and/or use or inability to use any other websites linked to the Website, or the content contained in the Website and any of the websites linked to the Website (including reliance on such content), and/or as a result of exposure to computer damages (including viruses) and/or due to harm to intellectual property rights of any kind (whether registered or not), and all, even if the Company has already received information about the possibility of the occurrence of these damages, regardless of the cause of action or the cause of the damage, whether contractual, tortious or otherwise. The only remedy granted to you in any case, notwithstanding the provisions of any law or agreement, is the cessation of use of the Website.
        2. The transmission of information to or from the Website does not constitute any legal relationship between the User and the Company, except for the User’s legal obligations as specified in the ToU. The Company is not a party to the matter, and the rights of the parties are those set in these ToU, and the use of the Website or the transmission as aforesaid does not confer any additional privileges. Any communication between the User and a third-party offering services and/or products based on this Website are between the User and that third party only, and the Company is not a party to the contract between them and is not responsible for such an engagement, including concerning the quality of services and/or products and the other terms and conditions of such contact.
      5. Miscellaneous provisions
        1. If any ToU provision is deemed invalid or unenforceable, then valid, enforceable terms will replace the terms that are invalid or unenforceable. The content of such new terms will be as consistent with the meaning and intent of the original terms as possible, while the remaining ToU will remain in effect.
        2. The Company may assign its rights and obligations under these ToU, or any part thereof, to any third party as it deems fit and without any obligation on the part of the Company to publish the assignment, as aforesaid, on its Website.
        3. The User may not assign, convert or transfer his/her rights and obligations under these ToU, any part thereof, or any account or authorization granted to him/her to the Website or any part thereof.
        4. All activity on the Website and everything pertaining to it, including the ToU, will be subject to Israeli law only, and the exclusive jurisdiction in any dispute relating to the Website, the use of it and the ToU will be given to the competent courts in the Tel Aviv District, Israel.
        5. The Company reserves the right to make changes to the ToU at any time, at its discretion, and without prior notice. Any change to the ToU will take effect immediately upon its publication on the Website, within the framework of the ToU, unless otherwise stipulated. It is the User’s responsibility to check the ToU and get updated from time to time.
        6. The User shall indemnify the Company, its employees, managers and/or anyone acting on their behalf, immediately upon its first demand, for any damage, loss, loss of profit, payment or expense caused to any of them, including attorney’s fees and legal costs, due to violation of these ToU (including the Privacy Policy).
        7. The User’s use of the Website constitutes a declaration and confirmation on his/her behalf that they have read these ToU, understood their content and agreed to the provisions stipulated in them. The User hereby waives in advance and will not be entitled to make any claim and/or demand against the Company or anyone on its behalf concerning the issues regulated in these standards.


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