Kindly review these terms of use meticulously before you utilize our service.
Clarifications
Words in this document with the first letter capitalized are defined in the subsequent section. These definitions are applicable regardless of whether they are used in singular or plural form.
Terminology
Regarding these Service Agreement Terms:
· "Application" denotes the software provided by the Entity, which you have installed on any electronic device, named BenjApps Technologies.
· "Application Store" refers to the digital distribution platforms operated by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store), where the Application is available.
· "Affiliate" indicates any entity that has control, is controlled by, or is under common control with a party, with "control" signifying ownership of 50% or more of the voting stock, equity, or other securities eligible for the election of directors or other management authority.
· "Country" refers to Israel.
· "Entity" (also known as "the Entity", "We", "Us", or "Our" in this agreement) pertains to BenjApps Technologies, located in Tel Aviv.
· "Device" encompasses any device that can access the Service, including a computer, cellphone, or digital tablet.
· "Service" signifies the Application.
· "Service Agreement Terms" (also mentioned as "Terms") comprise these terms and conditions forming the complete contract between You and the Entity concerning the Service utilization. This document was formulated with the assistance of a Terms Generator.
· "Third-party Social Media Service" represents any service or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
· "You" refers to the individual utilizing the Service, or the entity on whose behalf such individual is utilizing the Service.
Acknowledgment
· These Service Agreement Terms govern your use of this Service and the contract that operates between You and the Entity. The Terms set forth the rights and responsibilities of all users concerning the Service usage.
· Your access to and use of the Service is contingent upon your acceptance of and compliance with these Terms. These apply to all visitors, users, and others who access or use the Service.
· By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you should not access the Service.
· You declare that you are at least 18 years old. The Entity does not allow those under 18 to use the Service.
· Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Entity. Our Privacy Policy outlines our practices concerning the collection, use, and disclosure of your personal information when you use the Application or the Website and informs you about your privacy rights and how the law protects you. Please review Our Privacy Policy thoroughly before using our Service.
External Links
· Our Service may include links to external websites or services that are not owned or controlled by the Entity.
· The Entity does not control, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Entity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
· We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
· We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
· Upon termination, your right to use the Service will cease immediately.
Limitation of Liability
· Regardless of any damages that you might incur, the total liability of the Entity and any of its suppliers under any provision of this Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or 100 USD if you haven't made any purchase through the Service.
· To the maximum extent permitted by applicable law, in no event shall the Entity or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software, and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Entity or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
· Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
· The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Entity, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Entity provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
· Without limiting the foregoing, neither the Entity nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, materials, or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Entity are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
· Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
· The laws of the Country, excluding its conflict of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
· If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Entity.
For European Union (EU) Users
· If You are a consumer within the European Union, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
· You represent and warrant that (i) You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability
· If any provision of these Terms is found to be unenforceable or invalid, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
· The failure to exercise a right or to require performance of an obligation under these Terms does not affect a party's ability to exercise such right or require such performance at any time thereafter, nor does the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
· These Terms may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms
· We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
· By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms, you can contact us:
By email: tech@benjapps.com
Last modified: December 21, 2023
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