Terms Of Use & Privacy Policy
**Last Updated:** 28/8/2023
1. Introduction
These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you” or “your”) and Smart Media Internet Marketing Ltd., with offices at Sderot Hayahsut 11, Beer Sheva, Israel (“Smart Media,” “we,” “us,” or “our”). These Terms govern your access to and use of our websites, mobile applications, and related content, products, and services (collectively, the “Service”).
By downloading, installing, accessing, or using the Service in any manner, you agree to these Terms and to comply with all applicable laws and regulations. If you do not agree to all the terms and conditions in these Terms, do not access or use the Service, and immediately uninstall and delete any copies of our applications or software in your possession.
2. Definitions
– **”Service”** refers to our websites, mobile applications, and related content, products, and services.
– **”User Content”** means any content submitted, posted, or displayed by you on or through the Service.
– **”Subscription”** refers to the various paid and unpaid plans offered through the Service.
3. Changes to the Terms and the Service
We may update these Terms from time to time. We will notify you of any material changes via email, in-app notifications, or through the Service. Your continued use of the Service after such notification constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service immediately.
We reserve the right to modify, suspend, or discontinue the Service or any part thereof at any time, with or without notice, and we shall not be liable to you or any third party for any such modification, suspension, or discontinuance.
4. Privacy
Our Privacy Policy, available at https://tap.pm/privacy-policy-v5/ explains how we collect, use, and share information about you. By using the Service, you agree to our collection, use, and sharing of your information as described in the Privacy Policy.
5. Eligibility
You must be at least 13 years old to use the Service. If you are under the age of majority in your jurisdiction, your parent or legal guardian must review and agree to these Terms on your behalf. We reserve the right to request proof of age at any time.
6. Account Registration
To access certain features of the Service, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for any activities or actions under your account. You must notify us immediately of any unauthorized use of your account.
7. User Content
7.1 Ownership and License
You retain ownership of any User Content you submit to the Service. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business operations, including for marketing and promotional purposes.
7.2 Representations and Warranties
You are solely responsible for your User Content and represent and warrant that:
1. You own or have the necessary rights to use and authorize us to use all intellectual property rights in your User Content.
2. Your User Content does not violate any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights.
3. Your User Content complies with these Terms and all applicable laws and regulations.
7.3 Content Removal and Indemnification
We reserve the right to remove or modify any User Content that we determine violates these Terms or is otherwise objectionable, in our sole discretion. You agree to indemnify and hold harmless Smart Media for any claims arising out of your User Content.
8. Prohibited Uses
You agree not to:
1. Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law.
2. Harass, abuse, or harm another person.
3. Impersonate or misrepresent your affiliation with any person or entity.
4. Interfere with or disrupt the Service or servers or networks connected to the Service.
5. Attempt to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service.
6. Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise reproduce or circumvent the navigational structure or presentation of the Service.
7. Collect or harvest any information about other users without their consent.
8. Use the Service in any way that could harm Smart Media’s reputation or the reputation of its partners.
9. Intellectual Property Rights
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by Smart Media, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
10. DMCA Copyright Policy
We respect the intellectual property rights of others. If you believe that any content on the Service infringes upon your copyright, please notify us in accordance with our Copyright Policy, at [email protected]
11. Subscriptions, Payments, and Cancellations
11.1 Subscription and Fees
We offer both free and paid subscription plans. By subscribing to a paid plan, you agree to pay the fees associated with the selected plan. All fees are non-refundable except as expressly set forth in these Terms or as required by applicable law.
11.2 Automatic Renewal
Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew, and you authorize us to charge your payment method for the renewal term.
11.3 Cancellation and No Refund Policy
You may cancel your subscription at any time through your account settings or by contacting us at [email protected]. Upon cancellation:
1. You will continue to have access to the paid features until the end of your current billing period.
2. Your account will be downgraded to the free version at the end of the billing period.
3. No refunds or credits will be provided for partial subscription periods or unused Services.
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
11.4 Price Changes
We may change the fees for our Services at any time. Any price changes will take effect at the start of the next subscription period. We will provide you with reasonable prior written notice of any price change.
11.5 Taxes
You are responsible for paying all taxes associated with your use of the Service. If we are required to collect or pay any taxes on your behalf, we may invoice you for such taxes, and you agree to pay them.
11.6 Chargebacks
If you initiate a chargeback or dispute any payment made to Smart Media, we reserve the right to suspend or terminate your account immediately and seek reimbursement for any costs incurred in resolving the chargeback.
12. Third-Party Services and Content
The Service may contain links to third-party websites or services that are not owned or controlled by Smart Media. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Smart Media shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.
13. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SMART MEDIA DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SMART MEDIA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT SHALL SMART MEDIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICE.
15. Indemnification
You agree to defend, indemnify, and hold harmless Smart Media, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
16. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or related to them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Israel, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the courts of Israel, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
17. Dispute Resolution
Before filing a claim against Smart Media, you agree to try to resolve the dispute informally by contacting [email protected]. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Smart Media may bring a formal proceeding.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
18. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
19. Waiver
No waiver by Smart Media of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Smart Media to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
20. Entire Agreement
The Terms and our Privacy Policy constitute the sole and entire agreement between you and Smart Media regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.
21. Changes to the Service
We reserve the right to withdraw or amend this Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
22. Contact Information
This Service is operated by Smart Media Internet Marketing Ltd. All feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: [email protected].
By using the Service, you acknowledge that you have read and understood these Terms and agree to be bound by them.
