PickMyCall Terms Of Use
Welcome to PickMyCall a personal communication assistant service (“Service”) .
The Service is owned and operated by Roojoom – Web Experiences Ltd. (the “Company”, “We” or “Our“). Please carefully read the following terms and conditions (the “Terms”, or the “Terms of Use”). By using or accessing the Service, or by registering as a user with the Service, you agree to be bound by the Terms. If you do not agree with the Terms, you may not use the Service.
These Terms apply to the use of the Service and any input you provide and make available as part of the Service and output generated by the Service (“Content”) included therein by every communication means. These Terms further apply to the use of the Service via any and all communication networks.
1.The Service
1.1. The Service, is directed to assist business owners by providing them with a personalized assistant tailored to meet their unique needs. This Service is designed to handle a variety of tasks, including answering calls, responding to inquiries, and providing accurate information to customers and potential customers (the “Callers”).
1.2. At any time, you may change your account and account settings and the way you use the Service, by using the tools provided therein, as may be available from time to time. Any communications that you make with your Callers through the Service are made strictly between you and such Callers. The Company is not a party and does not assume any responsibility or liability with respect to such communications, the Content, your configuration or your account settings. We are not responsible for any mistakes, errors or malfunctions arising from or related to your configuration and use of the Service.
1.3. The rates and payment terms shall be posted on the relevant pages of the Service. We may, at any time and in our sole discretion, change any rates and payment terms. In the event of such change, users will be given 30 days following the day the changed fees were posted on the service to terminate their account if they do not wish to continue with the revised fees. Continued use of our Service after this period will be considered as acceptance of the new fees. Failing to settle your payments will prevent you from further using the Service, notwithstanding any other remedies available to the Company under the applicable law. Any changes in the Company’s fee schedule will take effect immediately after being posted on the Service.
1.4. Our Service includes an artificial intelligence-powered virtual assistant. The Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied. We disclaim any and all liability and responsibility for the actions or omissions taken by you (or anyone on your behalf) and / or Callers, based on suggestions or information provided by the Service. You agree that to the maximum extent permitted by law, We shall not be held responsible or liable for any damages that may arise, directly or indirectly, or any other liabilities from your use of our Service, and from Callers’ use of the Service.
1.5. You acknowledge that responses generated by the Service’s algorithms shall not be considered or interpreted as professional advice in any field. It is your sole responsibility to verify any information before relying on it.
1.6. When using the Service, you shall, in your use of the Service comply at all times with any and all applicable laws, including, without limitation, spam, privacy and data security, unsolicited messaging, unfair or deceptive practices, and telecommunications interception laws and regulations (the “Laws”). For the avoidance of doubt, you hereby instruct us to answer your incoming calls, record them, extract and process Content, messages and data about the call and Caller (“Data”), analyze it, display the foregoing on the Service to you, and use the Data, to improve the Service. You confirm you have obtained all necessary consents, approvals or other authorizations or permissions for, and have posted all necessary privacy policies, and complied with your posted privacy policies and all third-party terms and conditions or privacy policies in connection with your use of the Service. As between you and the Company, you are solely responsible and liable for Callers’ interactions with the Service, and any damages arising from such interaction, including, but not limited to, claims relating to a breach or an alleged breach of the Laws. We make no warranty or indemnity with respect to the above.
2. Registration and User Account
2.1. When you register with the Service, either directly through us or through our partners (including Third Party Services), or while completing Our contact forms, We will ask you to provide Us with certain contact and personal details, such as your full name, an active e-mail address, a username and password or provide other personal or contact details or attributes that define you as a user, as well as credit card details that you will be asked to provide at the time of payment. You must submit only true, accurate and complete details. Bear in mind that false, incorrect or outdated information may prevent you from registering and impair Our ability to provide you with our Service, and contact you.
2.2. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with the Service or complete the contact forms. We will only use your personal details in accordance with Our Privacy Policy which is incorporated by reference to the Terms.
2.3. We may also allow registration through various social networks account details (Facebook, LinkedIn, Twitter or Google+). When registering through such networks, you are allowing Us access to your basic profile information. We can only access the information that the relevant social network makes available to Us, according to your privacy settings on the relevant network.
2.4. If you use a username and password to log-in to the Service, you agree to maintain your username and password in absolute confidentiality and refrain from disclosing them to others. You must keep your Account password secure, make sure that you change your password frequently and at least once every six months. You are prohibited from selling or transferring your account in any way to another user, entity or any third party.
2.5. You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the registration or form completion process, and for any use or misuse of your account on the Service as a result of conveying your details to someone else.
2.6. You must notify us immediately of any breach of security or unauthorized use of your Account. As between you and the Company, you are solely responsible and liable for the activity that occurs in connection with your Account.
3.Acceptable Use of the Service
3.1. For such time as these Terms are in effect, and subject to the limitation provided in Section 10 (Intellectual Property), We hereby grant you a personal, limited, non-exclusive, non-assignable, non-sublicensable, revocable right to access and use the Service solely for your own personal or commercial use, provided that you comply with these Terms. Except for the foregoing right, We do not grant you any right or licenses to any of our or a third party’s Intellectual Property Rights.
3.2. You may access, use and upload Content to the Service and use services and features provided through the Service, for your personal or commercial use, in accordance with the terms set forth in this section 4.
3.3. You agree to abide by all applicable local and international laws, regulations and rules. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf, When using the Service.
3.4. You agree to refrain from willfully, or negligently breaching the Terms, the Laws, and any other applicable rules and instructions that We may convey with respect to the use of the Service. You herby agree to refrain from:
3.4.1. Interfering with, burdening or disrupting the functionality of the Service;
3.4.2. Circumventing or manipulating the operation, or functionality of the Service, including by providing incorrect or faulty information which may be used for sending automated or machine-generated queries;
3.4.3. Using robots, crawlers and similar applications to collect and compile content from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service’s functionality;
3.4.4. Displaying content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design;
3.4.5. Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
3.4.6. Collecting, harvesting, obtaining or processing personal information of or about other users, without their explicit consent;
3.4.7. Abusing, harassing, threatening, impersonating or intimidating other users;
3.4.8. Linking to the Service from web pages that contain pornographic content or content that encourages racism or wrongful discrimination;
3.4.9. Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation; and
3.4.10. Disseminating, transmitting or otherwise communicating through, or to the Service, or making available on the Service, or when using the Service, Content which may reasonably be deemed as:
3.4.10.1. Infringing or violating intellectual property rights of other parties, including patents, copyrights, trade secrets and trademarks;
3.4.10.2. Identifying minors, their personal details or their address and ways to contact them;
3.4.10.3. Software viruses, Trojan Horses, Worms, Vandals, Spyware and any other malicious applications;
3.4.10.4. Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws;
3.4.10.5. Constituting a violation of a person’s right for privacy or right of publicity;
3.4.10.6. Prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;
3.4.10.7. Threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable; and
3.4.10.8. Unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.
3.5. The Company does not warrant or guarantee that any Content that you wish to provide to the Service will be made available for Callers or that the Company will make such Content available indefinitely.
3.6. When you remove Content from your account or when you terminate your account, it is no longer available to you or to other users of the Service. However, a copy of the removed Content may persist and be used by The Company for back-up and other administrative purposes, for a reasonable period of time.
3.7. Unless otherwise written, the Content you provide to the Service will be available to Callers. Please exercise caution and common sense when presenting personal details or any other sensitive or confidential information.
3.8. The Service shall permit you to provide Content and make it available for Callers. You understand that whether or not such Content is made available to Callers, we do not guarantee any confidentiality with respect to any Content. You shall be solely responsible for your Content and the consequences of providing it.
4. Age Restriction
Use of the Service is intended and permitted for persons 18 years of age or older. By using, accessing or registering with the Service you hereby declare that you are 18 or older. If you are under the age of 18 you must avoid any use of the Service. We reserve the right to terminate an account, if We find a that you are younger than 18. We may request additional information to confirm your age at any time.
5. Privacy
Our privacy policy is available (the “Privacy Policy”).
6. Third Party Services and Content
6.1. The Service may present, or otherwise allow you to view, access, link to, and/or interact with content from third parties and other sources that are not owned or controlled by us, the Company may incorporate in the Service advertisements and/or information of a commercial nature (“Third Party Content”). The display or communication to you of such Third Party Content does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by us of such Third Party Content or third party, or by such third party of us, and nor any affiliation between us and such third party. We do not assume any responsibility or liability for Third Party Content, or any third party’s terms of use, privacy policies, actions, omissions, or practices. Please read the terms of use and Privacy Policy of any third party that you interact with before you engage with Third Party Content. We do not claim any ownership or intellectual property rights over Third Party Content. It is underscored that the advertising of commercial Third Party Content by the Company does not constitute a recommendation or encouragement to procure the goods or services advertised.
6.2. The Service may use or include third party open source software, files, libraries or components that may be distributed to Customer and are subject to third party open source license terms. A list of such components is available upon request. If there is a conflict between any open source license and the Terms of Use, then the open source license terms shall prevail but solely in connection with the related third party open source software. We make no warranty or indemnity hereunder with respect to any third party open source software.
6.3. Some services may be provided by our third party authorized service providers (“Third Party Service Operator(s)”), and access to these services requires an account with the relevant Third Party Service Operators. Using Third Party Service Operators’ services may incur additional charges not included in our subscription fees, for which you will be solely responsible. Payments for transactions with Third Party Service Operators may be processed by us or directly by them. If you cease using Third Party Service Operators, your access to our Service may be restricted or withdrawn.
6.4. We may transfer certain personal and non-personal information to Third Party Service Operators to provide you with their services, all subject to our Privacy Policy. Third Party Service Operators may also independently collect information due to your use of their services. Your use of their services is subject to their terms of use and privacy policies. If you do not agree with their terms, you should not use their services, though this may limit some features of our Service.
6.5. Engagement with these operators is at your own risk, and we are not responsible or liable for their services.
7. Intellectual Property
7.1. All rights, title and interest in and to the Service (except – as provided with respect to users’ and Third Party Content), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to the Company.
7.2. These Terms of Use grant you a limited and revocable right to use the Service in accordance with the Terms, without conveying any ownership interest. We retain all intellectual property rights, including inventions, patents, design rights, copyrights, trademarks, domain names, trade secrets, and related goodwill. Unauthorized use of the Service may result in claims for damages. You agree to take all necessary steps to prevent unauthorized disclosure or use of the Service.
7.3. Unless otherwise expressly permitted in the Terms, and as a condition to your right to access and use the Service, you shall not (and shall not permit or encourage any third party to) do any of the following: (a) copy or reproduce the Service; (b) sell, assign, lease, lend, rent, distribute, or make available the Service to any third party, or otherwise offer or use the Service in a time-sharing, outsourcing, or service bureau environment; (c) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization, and interfaces) of, the Service; (d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in the Service; (e) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the Service; (f) make a derivative work of the Service, or use the Service to develop any service or product that is the same as (or substantially similar to or competitive with) the Service; (g) publish or transmit any robot, virus, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Service; (i) take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on the Service infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of the Service; and/or (j) use the Service to infringe, misappropriate or violate any third party’s intellectual property rights, or any law.
7.4. The content on the Service is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.
7.5. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, service marks and logos of the Company and other providers of the Service. You must refrain from any action or omission which may dilute, or tarnish Our goodwill.
7.6. WHEN YOU PROVIDE ANY CONTENT TO THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE THE RIGHTFUL OWNER OF ALL RIGHTS TO THAT CONTENT OR THAT YOU ARE LICENSED BY THE RIGHTFUL OWNERS TO PROVIDE AND USE SUCH CONTENT ON THE SERVICE AND THAT YOU DO NOT INFRINGE ON ANY RIGHTS OF THIRD PARTIES, INCLUDING INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS AND PUBLICITY RIGHTS INCLUDING BUT NOT LIMITED TO OBTAINING YOUR CUSTOMER’ CONSENT ACCORDING TO APPLICABLE LAW.
7.7. By providing any feedback, comments, or suggestions to Us (“Feedback”), you grant Us an exclusive, royalty-free, fully paid-up, worldwide, perpetual, and irrevocable license to incorporate this Feedback into our current or future products, technologies, or Service, and to use it for any purpose without further compensation to you or your approval. You agree that all such Feedback is non-confidential. Additionally, you warrant that your Feedback is not subject to any license terms that would require Us to comply with additional obligations regarding any of our current or future products, technologies, or services that incorporate your Feedback.
7.8. Any anonymous information, which is derived from the use of the Service (for example: metadata, aggregated and/or analytics information and/or intelligence relating to the operation, recordings, information, data support, and/or your use, of the Service) which does not identify you or Callers (“Analytics Information”) may be used for provide, maintain, develop, and improve our Service, comply with applicable law, enforce our terms and policies, and keep our Service safe. Such Analytics Information is our exclusive property.
7.9. By providing Content, including any and all communications that you make with your Callers on or through the Service, you grant the Company a royalty-free, worldwide, non-exclusive, perpetual and irrevocable license, to copy, distribute, display publicly, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, sub-license, process, compile, translate, reverse engineer, combine with or incorporate into other content, modify and create derivative works on the Service, and in other communication and information networks, platforms, applications and services. You further waive all rights of attribution with respect to the use of Content.
8. Requests to Remove Content from the Service
We respect the intellectual property rights of others. Any requests to remove copyright infringing Content from the Service on grounds of mistake or misidentification of the Content, must be made in accordance with Our Copyright Policy. After receiving a request to remove We may act as We deem fit, in accordance with the applicable law.
9. Changes in the Service
We may change the Service’s layout, design or display, as well as the scope and availability of the Service, without giving any prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result thereof.
10. Service Availability
The availability and functionality of the Service depends on various factors and elements, including software, hardware and communication networks that are partially provided by third parties. These factors are not fault free. The Company does not warrant or guarantee that the Service will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
11. Termination of Operation and/or Account.
11.1. The Company may at any time, at its sole discretion, terminate the operation of the Service, or any part thereof, temporarily or permanently. The Company may not give any notice prior to the termination of the Service. At any time, We may block, remove or delete any Content from the Service, without maintaining any backup copy. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of the Service’s operations and loss of any data as a result.
11.2. We may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Service, and take technical and legal measures to keep you off the Service. We have complete discretion whether to make your Content available to Callers and We reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content provided on the Service at any time and for any reason. You agree that We shall have no liability to you or any third party for any such termination, modification, suspension, or discontinuance.
11.3. You may terminate these Terms at any time and for any reason (subject to paying applicable fees). If you object to any term or condition of these Terms or any subsequent changes thereto, or become dissatisfied with the Service in any way, your sole remedy is to terminate these Terms and to immediately discontinue use of the Service. Upon termination, you shall pay your subscription fee on a pro-rated basis up to the date of cancellation.
12.Amendments to the Terms
From time to time, We may change the Terms. Substantial changes will take effect 30 days after the Company has posted an initial notification on the Service’s homepage or on any other relevant page on the Service, with respect to such changes. Other changes will take effect 7 days after their initial posting on the Service. Unless We amend the Terms to comply with legal requirements, in such cases, the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Service will indicate your acceptance of the amended Terms. If you do not agree with any of the amended Terms, then you must refrain from any further use of the Service.
13. DISCLAIMER OF WARRANTY
THE COMPANY PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS ALLOWED THORUGH THE FEATURES AVAILABLE ON THE SERVICE, THE SERVICE AND CONTENT CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT IT WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES, DAMAGES OR LIABILITIES RELATED TO ORRESULTING FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SERVICE.
14.LIMITATION OF LIABILITY
14.1. THE COMPANY (INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS) AND IT’S LICENORS OR SUPPLIERS WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE OR ANY OF THE SERVICES THEREIN, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE OR CALLERS’ RELIANCE ON THE CONTENT ON THE SERVICE, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN ACCORDANCE WITH THE RELEVANT CIRCUMSTANCES.
14.2. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (B) EVEN IF THE COMPANY HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (C) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (D) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, OR OTHER CONTRACT OR TORT LIABILITY.
14.3. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or of other damages, and to the extent applicable to you, such exclusions and limitations shall not apply. Furthermore, nothing in these Terms shall be deemed to exclude or limit liability for death or personal injury resulting from negligence, or for fraud or fraudulent misrepresentation.
15.General Disclaimers
We do not adhere to any standard regulations not explicitly stated in these Terms or in our updated policies, In addition, our Service is not Health Insurance Portability and Accountability Act (HIPAA) compliant nor Payment Card Industry Data Security Standard (PCI DSS) compliant. By using our Service, you acknowledge and agree that our Service does not provide the necessary safeguards required for handling protected health information under the HIPAA or payment card information under PCI DSS. Consequently, using our Service does not render your operations HIPAA or PCI DSS compliant, ou are expressly prohibited from using our Service for any activities involving the maintenance, creation, transmission, receipt, use, or processing of Protected Health Information as defined by HIPAA or payment card information as defined by PCI DSS. We disclaim any responsibility for ensuring compliance with HIPAA or PCI DSS regulations in connection with your use of the Service. Your use of our Service indicates your understanding and acceptance of these limitations.
16. Indemnification
You agree to indemnify, defend and hold harmless the Company, its managers, directors, shareholders, employees, sub-contractors, affiliates, agents and anyone acting on their behalf, at your own expense and immediately after receiving written notice from the Company, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from or related to your use of, or inability to use, the Service, including but not limited to, your communication with Callers through the Service or any other use of the Service, your breach of the Terms, or any other terms, rules or regulations applicable to the Service, or your violation, or infringement of other persons’ rights, including, but not limited to, privacy rights.
17. Governing Law, Jurisdiction
These Terms will be governed solely by the laws of the State of Israel without regard to its conflict of law provisions. The competent courts in the city of Tel-Aviv-Jaffa, Israel, will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms.
18. General
No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by the Company, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by the Company’s authorized representative. Failure on the Company’s part to demand performance of any provision in the Terms shall not constitute a waiver of any of Our rights under the Terms.
19. Changes in Ownership
The Company may incorporate the Service as a separate company or transfer ownerships rights and title in the Service, to a third party, or assign or transfer by way of change of control, merger, acquisition or sale of all or substantially all of its assets, provided that your rights according to the Terms are not compromised by the transfer of ownership. In that case, all of your details and information pertaining to you will be passed on to the corporation receiving the rights in the Service and you hereby give your prior consent thereto.
20. Independent contractors
You and the Company are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and the Company. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of the Company.
21. No Assignment
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without the Company’s prior explicit consent in writing. Company may freely assign or transfer its rights under these Terms with no limitation,
22. Interpretation
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms. “Including”, whether capitalized or not, means without limitation.
23. Severability
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.
24. Remedies
Except as may be expressly stated otherwise in these Terms, no right or remedy conferred upon or reserved by the Company under these Terms is intended to be, or shall be deemed, exclusive of any other right or remedy under these Terms, at law or in equity, but shall be cumulative of such other rights and remedies.
25. Waiver
No failure or delay on the part of The Company in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing duly signed by an authorized representative of the Company, and shall be valid only in the specific instance in which given.
26. Survival
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, shall survive the termination, or expiration of the Terms.
27. Contact Us
At any time, you may contact us with any question, claim or complaint that you may have with respect to the Service, at support@roojoom.com
28. Incorporated documents
The following documents, forms and policies are incorporated by reference to the Terms of Use and are part of the Terms. Whenever expressing your consent to the Terms you also acknowledge your consent to these documents, as well:
Copyright Policy; Data Processing Agreement.
Last updated: June 25, 2024
