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Terms of Use

A. General

  1. These Terms of Use (“Terms of Use“) regulate your use of the Website (as defined below) and/or Platform (as defined below) (both, Website and Platform referred to hereunder as the “Services“) operated by Noti-Fire Apps Ltd. (the “Company“). Using or receiving the Services from the Website or Platform is subject to these Terms of Use. Please be sure to examine the Terms of Use before making any use of the Website or Platform. Your usage of the Services in effect constitutes your consent to these Terms of Use. If you do not consent to the Terms of Use, in whole or in part, you are not authorized to make use of the Services
  2. The Company reserves the right to alter and update these Terms of Use from time to time, without prior notice. The updated Terms of Use may be viewed from time to time by clicking the “Terms of Use” link on the Website. Any use of the Website or Platform shall constitute renewed consent to the provisions of the then-current Terms of Use.
  3. In the event of any incompatibility between the stated in these Terms of Use and between the stated in any other informational pages on the Website, the stated in these Terms of Use shall govern. 

B. Incorporated Documents – Privacy

  1. In addition to these Terms of Use, the Company adopted a Privacy Policy (the “Privacy Policy“) that explains how we collect and use Personal Data (as defined in the Privacy Policy). Please be sure to carefully read the Privacy Policy in the following link: Privacy Policy. 
  2. If you provide us with any Personal Data about your End-Users, you represent that: (i) you have provided all necessary notices and have, and will maintain all necessary rights and legal bases required under applicable law to provide the Company with the Personal Data of such End-Users in order to allow the Company to process and share such data in order to provide the Services, all as detailed in Company’s Privacy Policy and the DPA (defined below), and (ii) you will maintain a record of such legal bases, as required under applicable law; and (iii) you will not provide the Company with any sensitive or other categories of data that are subject to additional protections under law, such as data regarding children, finance, and health. When we process the Personal Data your End-Users, the User serves as the controller of this Personal Data and the Company serves as a data processor on its behalf. In such case, the data processing agreement available at DPA will be considered a binding part of these Terms of Use and will govern our relationship with regard to this Personal Data. You agree to comply with your obligations as a controller under applicable law.

C. Definitions

The following terms shall have the meanings ascribed alongside them, unless expressly stated otherwise:

  1. A “Device” means a computer, communications equipment (including the modem), telephone device, cellphone device (including smartphones) and any other equipment, hardware or software that you use in your consumption of the Services, as well as any accompanying functions thereto, including information security.
  2. An “End-User” means customers or users of the User.
  3. The “Platform” means the Company’s online platform offering Open-Source codes and supplementary services, via the Website.
  4. An “Account” is an account created in the Website by a person or legal entity, which has been registered in accordance with Section E (Account and Registration).
  5. A “User” or “You” means any person or entity who created an Account or uses an Account. an Account.
  6. The “Website” of the Company in the address https://www.novu.co.

D. Use of the Website

  1. You are hereby authorized to make use of the Services in accordance with the rules and guidelines set hereunder. The Services may not be used in any other manner without obtaining the express prior written consent of the Company. 
  2. The User is responsible for confirming that the Device they use to connect to the Services meets the minimum technical requirements allowing the User to access the Services and use them, and for confirming that their Device is compatible with the use of the Services. 
  3. You may not copy and use or allow others to use the Platform or the Website in any way and for any purpose, whether commercial or otherwise, that is not for the purpose of receiving the Services. 
  4. No website or other means may be operated or allowed to be operated, including software such as robots, spiders, crawlers and similar software, for the purpose of automatically searching, scanning, copying or reconstructing content from the Services. This includes using such means to create a collection, reserve or database including contents from the Services.
  5. Contents from the Services may not be displayed in a frame, whether revealed or hidden. 
  6. Contents from the Services may not be displayed in any manner – including using any software, Device, accessory, or communication protocol – that alters the Services design or removes any contents from them, including, in particular, advertisements and commercial content.
  7. Do not link the Services to any website containing pornographic content, content inciting to racism or unlawful discrimination, illegal content, or whose advertisement is illegal or incites to illegal activity. 
  8. Do no link content from the Services unless it is to a page of the Website (hyperlink) and the linked page of the Website is linked “as is”, so that it can be used and be view as it is on the Website. It is prohibited to link content from the Services which is detached from the Website pages (‘hotlinking’) (example: you may not directly link to an image or graphic file on the Website). When linking to the Website, the Website address should be shown in the address bar on your browser (status bar). Do not change, distort or hide this address.
  9. The Company may instruct you to cancel any such hyperlink upon its sole discretion. In this case, you are required to immediately delete the hyperlink and you will have no claim, demand or claim on the Company in this matter.
  10. The Company shall not be liable for any damages resulting from any link to the content of the Services and any presentation or publication of such content in any other way. You are fully and exclusively responsible for any linking, displaying, or posting of the content made by you and you undertake to indemnify the Company for any damage that may result.
  11. Embedding Videos (Embedding). Do not embed videos from the Website without the prior written consent of the Company. The Company reserves the right not to allow videos to be embedded and/or to change the link to the video without having to notify you in advance and you will have no claim, claim and/or demand against the Company for making such changes and/or malfunctions as they occur. The Company may instruct you to cancel any such Embedding at its sole discretion – in this case you will immediately cancel the embedded link and you will have no claim, demand and/or claim against the Company in this matter. The Company will not be held liable for any damage caused by the Embedded link of videos from the Website. You are fully and exclusively responsible for any embedded link made by you, including the arranging of copyright and payment to the relevant copyright/executive associations in accordance with any law, and you undertake to indemnify the Company for any damage that may result from it.
  12. You hereby undertake not to perform the following actions (in whole or in part):
    1. Impersonating any person or legal entity. 
    2. Providing false, misleading, inaccurate, or incorrect information when registering with or using the Platform. 
    3. Uploading, sending, or broadcasting any materials containing any kind of computer virus, or any other computer code intended to ruin, disrupt, or limit the use of any of the computers, servers, hardware, or software used by the Company to provide the Services.
    4. Distributing spam mail or any other mail using the servers through which the Services are operated. 
    5. Altering, processing, adapting, sublicensing, translating, selling, reverse-engineering, dismantling, or reconstructing any of the parts of the code that comprise the Services as well as any such actions in respect of the hardware or software used in the provision of the Services. 
    6. Any violation of the copyrights, trademarks or other intellectual property rights found on the Services. 
    7. Transferring or receiving the Services or any part thereof, or displaying any part of the Services, in a frame within an internet page or other website, or as a part of another internet page or Website (a mirror), or as a part of another service, without the express written permission of the Company. 
    8. Using robots, spiders, crawlers, data search and recovery engines, or any other automated tools or manual tools intended to index, recover and locate data found in the Services, or such tools intended to expose the structure of the database and code contained in the Services. 
    9. To disrupt, in any other manner, or interrupt the Services, including by disrupting the activity of the server and the network of computers connected to the Services or the network of computers connected thereto. 
    10. Uploading or sending, through the Services, any materials or messages that are illegal, immoral or offensive in any manner, or that are irrelevant. Without derogating from the foregoing, the Company may remove or edit messages you upload to the Services, at its sole discretion (to the extent that uploading such messages is made possible in the framework of the Services). 
    11. Making any use of the Services not in accordance with the provisions of these Terms of Use. 
    12. You hereby undertake not to make any illegal use of the Services. 
    13. You hereby undertake not to make any use of the Services that could violate the copyrights or intellectual property rights of the Company or of any other party. 
    14. No commercial or for-profit use may be made of any data contained on the Services, and the User may not authorize third parties to make any use of the data, whether for consideration or otherwise, for any purpose other than as contemplated herein. It is hereby clarified that data advertised on the Services may not be used for displaying on the internet or on another service without the prior written consent of the Company, and subject to these Terms of Use. 
    15. The User undertakes not to store data displayed on the Services using software, nor to distribute data displayed on the Services in public in a commercial manner or framework, or for any purpose other than as contemplated herein. The Website may not be presented in a different design or graphical interface other than those determined by the Company, other than subject to the prior written consent of the Company. The Website may not be displayed in a manner that derogates from the form of any contents contained therein. 
    16. No content contained on the Website may be copied, removed, or altered.  

E. Account and Registration

  1. To use certain parts of the Services, you may be required to register to the Website or Platform or create an Account, and to provide certain information on the registration form / page. By registering to the Website or the Platform or creating an Account, you agree to these Terms of Use. When registering and creating an Account, you also agree that: (a) you provide true, accurate, and complete information; (b) you maintain and promptly update the Company to keep the information true, accurate, current, and complete; and (c) your use of the Services does not violate any applicable law or regulation, and in the event that you create an Account on behalf of a company, you are entitled by it to create such Account.
  2. By registering to the Website or Platform or creating an Account, you agree to be fully responsible for all activities that occur under your Account username and password (the “Login Credentials”), and shall be solely responsible and liable for any breach of this Terms of Use arising out of or resulting from any unauthorized or authorized use of your Account. You may register only one Account, unless otherwise approved by the Company.
  3. In the event you have decided to register to the Website or the Platform or create an Account, you shall be responsible for keeping your Login Credentials confidential. You may not share your Login Credentials with other persons. In any event you may suspect your Login Credentials have been disclosed or stolen, you are required to immediately inform the Company in the contact information specified in Section Miscellaneous => Contact.
  4. The Company may, at its sole discretion, suspend or remove Accounts of User if such Account deems improper, offensive, or in violation of these Terms of Use at any time and without warning. This shall not entitle such User to any compensation, damages, or reimbursements, or exempt such User from paying any applicable fees.

F. Property and Intellectual Property

  1. The Company or the party issuing the license to the Company holds all rights to the intellectual property on the Website (including the general structure of the Website) or all other content contained on the Website (including text, graphics, software, drawings, plans, photographs and other pictures, videos, tones, trademarks, and trade symbols), as well as all rights to the technologies implemented within the Platform.
  2. The trademarks used in connection with the Services are trademarks of the Company (whether registered as such or otherwise). You are not authorized to make any use of them, or to duplicate or copy them in any form. All proprietary rights in the Services, including the design of the Website and the Platform, as well as any software, website, platform, computer code, graphics files, texts, and any other materials included as part of the Services (aside from third-party contents) are the exclusive property of the Company (or, in the case of third-party content, of such third parties), and shall remain their property at all times. 
  3. No part of the Terms of Use affords the User any right in respect of the intellectual property owned by the Company or its licensors. 
  4. Do not copy, distribute, publicly display, publicly perform, transfer to the public, amend, process, create derivative of, sell or lease any part of the foregoing, whether on your own or through or in cooperation with any third party, in any way or using any means, whether electronic, mechanical, optical, through photographic or recording means, or any other means, without obtaining the prior written consent of the Company or other rights holders, as applicable, and subject to the terms of such consent (if any). This provision is effective in respect of any processing, editing or translation performed by the Company on contents input or provided by you to the Services. 
  5. If and to the extent that such consent is granted, you must refrain from removing, deleting or obscuring any message or symbol in respect of the intellectual property rights, such as copyright symbols (©) or commercial symbols (®) associated with the contents that you use. 
  6. Trademarks and advertisements of parties advertising on the Services are the sole property of such advertisers. No use may be made of these, as well, without the prior written consent of the advertisers. 
  7. Unless you notify the Company otherwise in writing, the Company may, and you hereby grant to the Company the limited, non-exclusive, royalty-free and fully-paid up, non-transferable right and license to, refer to you as one of Company’s users and use your logo or brand as part of such reference, provided that Company complies with any trademark usage requirements notified by you.

G. Paid Services

  1. Certain parts of the Services may require payment (the “Paid Services”). The prices of the Paid Services and their characteristics shall be outlined during the purchasing process and prior to the performance of the payment by the User. Users are responsible for the payment of any taxes applicable. Upon payment Users will receive a receipt confirming that the payment has been received. If the User fails to make any payment when due then for any Paid Services, in addition to all other remedies that may be available to the Company and if such failure continues for thirty (30) days following written notice thereof, the Company may disable and suspend the Paid Services to the User.

H. Remedies

  1. The Company shall be entitled, at any time and without prior notice, to give notice of inaccurate or erroneous information you provided to it; to restrict your access to the Services; and to refuse to provide you with the Services in the event of the occurrence of one or more of the following:
    1. There is concern that you breached the provisions of these Terms of Use;
    2. It is unable to verify and/or to validate information you provided, or it discovers that any information the User provided in their registration as a User was false or erroneous;
    3. It believes that your use of the Services represents a financial risk, fraud or a reasonable risk of same;
    4. It believes that your activity may cause you, the Company or its community of customers financial loss or legal liability. 

I. Liability and Risk

  1. While the Company attempts to ensure that all data contained in the Services is correct and accurate, the Services are not intended to serve as a source of authority or reference that may be relied upon. The User agrees that use of the Services is on an “AS-IS” basis, and that the Services’ availability is “AS-Available.”
  2. It is clarified that the Company’s systems, by virtue of being based on software, hardware and communications networks, are exposed to the risks inherent in systems of these kinds, including harmful software (viruses, trojan horses etc.), wiretapping, infiltration by hostile parties, identity theft and other online fraud. The Company invests efforts in protecting against these risks; however, it is not possible to completely allay these risks, and damages or losses may be incurred as a result of the realization of any of these risks, including the exposure or corruption of information provided to or displayed by the Services, including the corruption of instructions/requests; unauthorized Account activity; corruption of the use of the Services or its response times, including the failure to perform, faulty performance or delayed performance of any instruction/request; unavailability of the systems or any of their Services; and so forth. 
  3. You must notify the Company of any instance of suspicion of misuse of your name or information through the Services.
  4. The Company shall not be obligated or liable, directly or indirectly, to compensate or indemnify for any damages incurred as a result of information published on the Services, from use or from the inability to use the Services, or from the options displayed by the Services, or in connection with any of these. The Company shall not bear liability toward the User for any business loss, consequential loss, indirect loss, loss of profits, proceeds, contracts, data, goodwill or any similar loss, and any liability that the Company does bear for such losses incurred shall be limited solely to losses that could have been reasonably foreseen. 
  5. Without derogating from the provisions of these Terms of Use, the Company is exempted from liability for any damages, losses or expenses you may incur, directly or indirectly, as a result of one of the following events/factors:
    1. Data that was not created by the Company;
    2. Corruption of data or instructions, or failure or delay in performance of instructions as a result of malfunctions or other disruptions in the lines of communication and/or electronic functionality or mechanical failure, whether on your part or between the Company and any third party through which instructions and data are transferred;
    3. Faulty performance of any software or hardware in your possession, or any damage incurred to a Device as a result of use of the Services;
    4. Loss of any the Users’ Personal Data;
    5. Your exposure and disclosure of information to any third party as a result of your use of the Services; or as a result of your provision of inaccurate information; or as a result of you giving your Device to a third party, including for the purpose of repairing your Device, and including in the event that such third party views information received from the Company on your Device or performs different actions in the framework of the Services; and you undertake to bear any damages, loss or expenses incurred to you or the Company in connection therewith.
  6. It is clarified that the foregoing does not derogate from your responsibility in respect of your Device, including in respect of its security. Furthermore, it is clarified that certain actions performed with the Device, such as “jailbreaking” it, are likely to harm the security of the information on it, as well as the Data (as such term is defined in the Privacy Policy) and the Services, in addition to some such actions being illegal and forbidden. 

J. Open-Source License 

  1. The Company integrates in its Platform the following open-source code as found on Novu Github page https://github.com/novuhq and therefore the use of the Services by you is subject to the MIT License, as stipulated in the following link: https://opensource.org/licenses/MIT, and any other enterprise edition license or any other license found therein (collectively, the “Open-Source License“).  
  2. The Open-Source License is an integral part of the Terms of Use. By making use of the Services, you hereby declare that you have read and accepted the terms and conditions of the Open Source License and agree to act in accordance therewith. To the extent you do not consent to any of the terms of the Open Source License, please refrain from using the Services. Without derogating from the provisions of Section ‎1 above, any use of the Services is subject to and contingent on your consent to the Open Source License.

K. Links to External Pages

  1. It is possible that some of the Services will include links to other websites, include links generated by other parties. These links are intended solely for your convenience. Use of the information or other contents found on external websites to which such links may lead should be made with all due caution and diligence. It is clarified that the Company has no control over or rights to the contents found on these external websites. Similarly, the Company bears no liability in the event that you relied on and/or performed actions in accordance with the contents of these external websites. The links found in the Services should not be interpreted as a recommendation, preference or approval of the use materials and/or contents and/or products appearing on the external websites. Furthermore, these links should not be interpreted as guaranteeing the reliability, accuracy or completion of information found therein. By clicking the link, you waive any claim and/or demand and/or action against the Company on account of any damage and/or payment and/or loss incurred to you (if so incurred) as a result of reliance and/or use of the information appearing on these external websites. 
  2. Should you find, in the formation found in the Services or in the information found in the contents of any other service linked thereto, materials appearing to be dysfunctional, illegal, immoral, or that do not meet the expectations of the User, you are requested to notify the Company through the Company’s contact mechanisms specified in Section ‎Miscellaneous => Contact below.

L. Miscellaneous

  1. Jurisdiction. Use of the Services is subject solely to Israeli law. Unique jurisdiction over all disputes relating to the Website, Platform and/or Services and any other service provided by the Company is exclusively awarded to the competent courts of Tel Aviv-Jaffa. 
  2. Notices and Notifications. Various notices and notifications from the Company, including advertisement mail, may be sent to you by e-mail, by direct post, through SMS messages. Through any other means of communication, to the address provided by you in the registration form for the Services, in the event that you approved receiving such notices and notifications.
  3. Contact. The User may send any questions regarding these general Terms of Use, or to receive support regarding the use of the Website and/or the Platform, by writing to the Company via email to: support@novu.co or to such other addresses as the Company may specify in writing

Last version: April 2023