Terms and Conditions

1. ABOUT US

1.1

We are Pageinar at RumbleTalk, Har, Zofim, 18, Rehovot, IL (“Pageinar”, “we”, “us”, or “our”).

1.2

We operate Pageinar, our SaaS solution (our “SaaS”) and its underlying functions through our online portal located at https://pageinar.com/ (our “Portal”) and make them accessible to you depending on your selected plan (our “Services”).

1.3

To contact us, please contact us using our Contact Form .

1.4

The following also apply to these Terms and form an integral part of these Terms:

1.4.1. Our Privacy Policy,

1.4.2. Our Cookie Policy;

1.5

These Terms were last updated on Saturday, 1st of June, 2024, and are the current and valid version.

2. GENERAL TERMS

2.1

We license use of our Services to you on the basis of these Terms. We do not sell our Services to you, and we remain the owner of our Services at all times.

2.2

The provisions set out in these Terms govern your access to and your use of our Services and shall constitute a legally binding agreement between you and us.

2.3

We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Services.

2.4

Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our Services on these Terms.

2.5

We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Portal or any other products, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time.

2.6

You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

3. YOUR ACCOUNT

3.1

By registering for an Account, which involves providing us with certain information obtained through your Google Account for a successful registration and using our Portal, you agree and acknowledge that:

3.1.1. you are at least 18 years of age and not a minor in your country of residence;

3.1.2. you have read the terms set out in these Terms and agree to be bound by and comply with them.

3.2

You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorized to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.

4. LICENSE

4.1

Subject to your payment obligations or free of charge access, we grant you, unless specifically agreed in writing, a personal, non-exclusive, non-assignable and non-transferable right to access and to use the Service within the limits determined by the plan chosen by you.

4.2

The license is granted for the sole and exclusive purpose of enabling you to use the Service for your internal business purposes and distribution only within one branch of your business to the exclusion of any other purpose.

4.3

The right of use shall mean the right to represent and implement the Service in accordance with its intended purpose, in Software as a Service (SaaS) mode via a connection to an electronic communications network Portal.

5. AVAILABILITY

5.1

Although we will try to provide continuous access to the Service, we cannot and do not guarantee that our Services will be available 100% of the time and will not be liable in the event our Services are unavailable.

5.2

You acknowledge that availability of our Services depends further on your compliance with your usage allowances as per your selected plan and scheduled and emergency maintenance periods. We undertake to notify you of scheduled and unscheduled outages that are expected to take more than four (4) hours.

6. FREE ACCESS

6.1

We may make one or more parts of the Services available to you on a free of charge basis until the earlier of:

6.1.1. the end of the free of charge basis period;

6.1.2. the date that you purchase the relevant Service; or

6.1.3. termination by us at our discretion.

6.2

The provisions of these Terms will also apply to the trial period. We may notify you of additional terms that apply to the trial of certain services and any such additional terms are incorporated into these Terms by reference.

7. SUBSCRIPTION

7.1

We also provide paid plan access ("Paid Services") on a per account and monthly or annual basis as selected by you ("Subscription Term").

7.2

The Paid Services require payment of subscription fees before you can access or use them ("Fees"). These Fees will be notified to you through our Portal.

7.3

If you purchase a recurring subscription from us, the Subscription Term for your Account shall be renewed automatically at the expiry of each Subscription Term, until terminated successfully through our Portal. By purchasing the recurring subscription, you authorize us or our related corporations to automatically charge the Fees:

7.3.1. upon the commencement of your first Subscription Term, upon expiration of any applicable trial period or at a date otherwise indicated by us; and

7.3.2. on the renewal date of the Subscription Term thereafter, without any further action by you.

7.4

Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our Portal or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our Portal or any of the Services.

7.5

Our Fees may be amended from time to time at our discretion. We will provide you reasonably advance written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.

7.6

You shall be responsible for any applicable taxes (including any goods and Services tax) under these Terms.

7.7

All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

7.8

We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.

7.9

Unless you have contacted us in writing to cancel your subscription within 14-days prior to the expiration of your Subscription Term, all subscriptions automatically renew (without the need to go through the Services-interface "check-out" or execute a renewal Order Form) for the same Subscription Term you have selected when taking out your subscription.

7.10

Termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription, you may continue to access your Account until the expiry of the Subscription Term.

8. END OF LIFE

We reserve the right to End-Of-Life (EOL) the Service at our sole discretion and shall provide 3 months notification of such EOL event. If you prepaid Fees for a service which is subject to EOL, we will use commercially reasonable efforts to a) transition you to a substantially similar Service or b) upon our express written agreement, ensure the Service availability, without uptime guarantee or test bug fixes, patches, or enhancements to the Services.

9. SERVICE LEVELS AND SUPPORT

9.1

During the Subscription Term, we shall render all commercially reasonable efforts to provide technical support to assist you in using our Portal and the Services. The total amount of technical support provided by us shall be governed under the fair use principle.

9.2

We have no obligation to provide any support:

9.2.1. for anything other than our Services;

9.2.2. if you or a third party has altered or modified any portion of the Services;

9.2.3. if you have not used the Services in accordance with the documentation or instructions provided by us;

9.2.4. to anyone other than you.

9.3

The response time for contacts concerning technical support made by you will not exceed 72 hours. If the response time exceeds 72 hours, we will present you with a technical justification and define a new deadline for carrying out and completing the support service.

10. PROPRIETARY RIGHTS

10.1

You acknowledge and agree that we own all intellectual property rights in our Services. Except as expressly stated herein, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of our Services.

10.2

You confirm that you have all the rights in relation to our Services that are necessary to grant all the rights it purports to grant under, and in accordance with, these Terms.

11. UPLOADING CONTENT

11.1

You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Portal complies with our Privacy Policy, Israel's Privacy Protection Law ("PPL") and the EU General Data Protection Regulation ("GDPR") and any other applicable laws.

11.2

You are fully responsible for your content uploaded to our Services. We will not be responsible, or liable to any third party, for:

11.2.1. the content or accuracy of any content or data uploaded or produced by you using the Services; or

11.2.2. the loss of any content or data uploaded or produced by you using the Services. You should keep a record of all such content and data.

11.3

We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content or data uploaded or produced by you using the Services, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.

11.4

We may use the content or data uploaded or produced by you using the Services for the purpose of data analytics or to further develop our Services or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of our Portal.

11.5

We have the right to disclose your identity to any third party claiming that any content or data uploaded or produced by you to our Services constitutes a violation of their rights under applicable law.

12. SERVICE DATA

12.1

If you wish to use our Platform and Services, we process the data you provide which may include Personal Data, and Special Category Data or non-personal data of you, your employees and your clients or service users that you make available to us ("Service Data").

12.2

You shall own all rights, title and interest in and to all of your Service Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of your Service Data.

12.3

If we process any of your Service Data on your behalf when performing our obligations under this agreement, the parties record their intention that you shall be the data controller and we shall be a data processor and in any such case:

12.3.1. you acknowledge and agree that your Service Data may be transferred or stored outside the country where you and the Users are located in order to carry out the Services and our other obligations under this agreement.

12.3.2. you shall ensure that you are entitled to transfer your Service Data to us so that we may lawfully use, process and transfer the personal data in accordance with this agreement on your behalf;

12.3.3. You shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;

12.3.4. We shall process the personal data only in accordance with the terms of this agreement and any lawful instructions reasonably given by you from time to time; and

12.3.5. each party shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data or its accidental loss, destruction or damage.

13. PROHIBITED USES

13.1

You may use our Services only for lawful purposes. You may not use our Services:

13.1.1. in any way that breaches any applicable local or international laws or regulations;

13.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

13.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and

13.1.4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

13.2

You also agree:

13.2.1. not to reproduce, duplicate, copy or re-sell any part of our Services in contravention of the provisions of our Terms; and

13.2.2. not to access without authority, interfere with, damage or disrupt:

13.2.3. any part of our Services;

13.2.4. any equipment or network on which our Portal and Service is stored;

13.2.5. any software used in the provision of our Services; or

13.2.6. any equipment or network or software owned or used by any third party.

14. INTELLECTUAL PROPERTY RIGHTS

14.1

You acknowledge that all intellectual property rights in our Services anywhere in the world belong to us, that rights in our Services are licensed (not sold) to you, and that you have no rights in, or to, our Services other than the right to use them in accordance with these Terms.

14.2

Any intellectual property rights in content uploaded by you to our Services shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of our Portal.

14.3

You acknowledge that you have no right to have access to our Services in source code form.

15. TERM AND TERMINATION

15.1

These Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation.

15.2

If we terminate 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.

15.3

In addition to terminating your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress if so required.

16. WARRANTIES

16.1

While we make all efforts to maintain the accuracy of the information on our Portal, we provide the Services, website and all related content on an "as is" and "as available" basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.

16.2

Pageinar makes no representations about the suitability, reliability, timeliness, comprehensiveness and accuracy of the Services and on our Portal.

16.3

Pageinar cannot guarantee that the AI generated content and information and content and the provision of the content of our Services and on our Portal will always be correct or fault, error and virus free.

16.4

Pageinar does not accept liability for incorrect content or errors and omissions in Services and on our Portal or its content (whether of legal, typographical, technical, or other nature).

16.5

To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Portal or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Portal, the related content, or electronic communications sent by us are free of viruses or other harmful components.

17. LIMITATION OF LIABILITY

17.1

We are not liable for the completeness, accuracy or correctness of any information and any related content in our Services and on our Portal. You expressly agree that your use of the Services and our Portal, including reliance on any content and information, is at your sole risk.

17.2

You agree not to use the Services, our Portal and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Portal or any other website or software) for:

17.2.1. loss of profits, sales, business, or revenue;

17.2.2. business interruption;

17.2.3. loss of anticipated savings;

17.2.4. loss or corruption of data or information;

17.2.5. loss of business opportunity, goodwill or reputation; or

17.2.6. any other indirect or consequential loss or damage.

17.3

Nothing in these Terms shall limit or exclude our liability for:

17.3.1. death or personal injury resulting from our negligence;

17.3.2. fraud; and/or

17.3.3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

17.4

Our Portal is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.

17.5

These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Portal. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Portal which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.