Terms of Use

inwise Ltd. (The company) provides businesses and organizations with a variety of tools and resources for creating, designing, operating, and managing internet marketing campaigns or other services, including email and text messages, landing pages, forms, pop-ups, and transactional messages in various channels (“Cloud Marketing System”). The Cloud Marketing System, and all its accompanying services and products, will be referred to hereinafter as the “System” in these Terms of Use. The Company does not allow the use of the System for the purpose of sending unauthorized emails without the consent of the recipient (“Spam” or “Junk mail”); for further information on this subject please see Section 5 of the Anti-Spam Policy, which is an integral part of the Terms of Use. In addition, any illegal use and/or misuse of the System is also prohibited, as specified in these Terms of Use.

The Terms of Use listed below constitute a binding agreement between you and the Company for the purpose of accessing the Company’s Website and use of the System. By clicking on the ‘I agree’ button on the registration page, by logging in to your account in the System, or by accessing the Company’s services through any other interface, you accept the Terms of Use listed below.

1. Terms
   ● “The website” – www.inwise.com
   ● “The company” – inwise Ltd. (C.P. 512961186)
   ● “The client” – Any user who registers and benefits from one of the Company’s services.
   ● “End User” – Any surfer who visits one of the services generated or produced by the System.
   ● “The System” – A technological system through which users and clients receive various services such as: sending emails, creating landing pages and forms, sending text messages (SMS) and more. The System includes plugins and/or interfaces that have been made available to the Client under this Agreement.
   ● “Message”– An email, text message (SMS), or any other type of message sent through the System to an End User.
   ● “Service Provider” – A professional offered as part of a complementary service to the Company’s users.
   ● “Affiliate” – A partner who recommends inwise Services to other clients, in exchange for a commission for purchases by other clients, according to an agreement between them and the Company.
   ● “Reseller” – A partner who manages accounts in the inwise system for their clients. The partner is responsible for all pricing, billing, and charging matters with their clients.
   ● “Period of service” – The period during which the Services specified in these Terms of Use will be provided to the Client.
2. General
   By joining as a Client of the Company, and upon receipt of its services, the Client agrees to the terms set forth in these Terms of Use.

   The System is provided subject to the Terms of Use as amended by the Company from time to time, and any guidelines, rules, or operating policies that the Company may determine, change and publish from time to time (hereinafter: the “Agreement”), including the Company’s Privacy Policy (hereinafter: the “Privacy Policy”). Unless otherwise stated, any reference to the Agreement will also include the Privacy Policy. The Company may change the terms of the Agreement and may terminate or change all or part of the other components of the System, at its sole discretion by publishing updated versions of the Agreement on the Website or by giving any other notice. Unless otherwise stated in the Agreement, such changes will take effect upon publication of the amended agreement on the System or on the Company’s Website and it is the Client’s responsibility to check the new terms of the Agreement from time to time. If the Client continues to use the System and/or the Website after the update of the Agreement, the Company will consider that the Client has agreed to the new terms of the Agreement. In case the Client does not agree to the change, and the change adversely affects their contract with the Company as opposed to the previous version of the Agreement, the Client may, as the only remedy, terminate the contract with the Company according to the cancellation terms set forth in this Agreement. The System will only be available to a person who is legally and under any law qualified to enter into a binding agreement with the Company. Without derogating from the foregoing, the System is not available for users under 18 years of age. If you do not meet these conditions, you may not use the System. If you are using the System as an employee of a company, you must be authorized to charge your employer for your use of the System. You must fill out the registration form on the registration page of the Company’s Website in order to use the System. In the registration form, you must provide correct, accurate, up-to-date, and complete information about yourself. From time to time you may be required to provide the Company’s Service personnel with remote access to computers and other systems in order to resolve issues that arise during your use of the System. You hereby waive any claim for damages due to problems that may arise as a result of such access, including but not limited to any disruption or damage caused by the Company or its employees.

   If your use or access to the System is made through a third-party service, you hereby agree and confirm that the Company will not be responsible or liable for any such third-party action or in any aspect or result of such third-party service. Use of such third-party service is at your own risk. You hereby agree and acknowledge that the Company may terminate the ability of such third party service to connect to the System at any time, with or without prior notice, at the sole discretion of the Company, and without the Company be liable for damages that may arise from such action towards you or any third party.

   The Company and the Client hereby agree that this Agreement fully and exclusively expresses the mutual agreements of the parties and it replaces and cancels all previous written and oral agreements, communications, and other understandings relating to this Agreement. A delay or omission by either party to exercise any right or remedy under this Agreement or existing under the law shall not be considered as a waiver of such right or remedy.

   This Agreement can be converted by the Company to a third party.

3. Copyright ownership
   The Website, the System, and all the information presented therein (except for content created by the Client and uploaded to the System) constitute the intellectual and exclusive property of the Company. Copying, distribution, transmission, publication, linking, or other modification of the Website and/or the System or anything presented therein without the express written permission of the Company is strictly prohibited. No use made by the Client on the Website, System, and/or their contents grants the Client any intellectual property right in the Website, System, and/or their contents, other than the right to use the Website, System, and/or their contents according to this Agreement.

   Any violation of the terms of this Agreement may result in infringement of copyright, trademark, or other intellectual property rights which will expose the infringer to civil lawsuits and/or legal proceedings.

   The Website and/or the System may include copyrighted material, trademarks, and other intellectual property rights, including, but not limited to text, software, images, music, video, graphics, and sound.

   The Company owns the copyright of the content, the selection order, the coordination and promotion of the content on the Website, and no party may change, publish, broadcast, participate in the transfer or sale, create derivative works, or in any way utilize the content, partially or in its integrity.

   The Company has no obligation to provide Clients with marks or anything else that may help users determine whether the material in question is protected by copyrights or trademarks.

   It is prohibited to display, deliver, copy or publicly distribute or transfer to any third party any part of the above without the Company’s prior written consent. The Company’s trademarks presented on the Website and System are the property of the Company and may not be used without its prior written consent. It is prohibited to use any templates or codes presented to the Clients in the system, sell or distribute them in any way, or use them outside the System (such as business cards, external websites) without prior written consent. The Client knows and expressly agrees that other clients can use templates and codes in the System according to their personal needs.

   The Client knows that payment for using the System does not grant them ownership of the System or any part of it, or any copyright in respect of it and no intellectual property in respect of it, including its codes, images, the content presented therein, or any other part not added by the Client themselves.

   The Client hereby declares that they have all the permissions and/r licenses and/or agreements required by law and/or under the Agreement, to interface between the Client’s systems and the System through the interfaces that the Company will make available for use under these Terms of Use.

   The Client undertakes not to perform, directly or indirectly, reverse engineering, compilation, disassembly, or any other attempt to discover the source code, object code, or structure or algorithms of or that are built in the System and/or Website or parts of them, or any documentation, software, or data related to the System and/or the Website. The Client also undertakes not to remove any notices or property labels from the System and/or the Website or parts thereof, not to change, translate or create derivative works based on the system and/or the Website or parts of it, and not to copy, distribute, allow, or transfer in any way rights in the System, on the Website and/or in parts of them.

   The Client may not display, copy, reproduce or distribute the System, the Website and/or any component of them, any documentation provided regarding the Website, the System or parts of them, or any content, including, but not limited to, products distributed by the Company that is related to the System and/or the Website.

4. Client’s responsibility for the content
   The Client will provide the full content which will be included in the e-mails, text messages, pages, forms, and other products produced by the Company for them. The Company is not responsible to verify the accuracy of the content, its correctness, or its compliance with any law. The Client will upload their content to the System, and by doing so they approve the delivery of the content uploaded by them to the System, to the various users/contacts listed on their lists. In addition, by uploading the content to the System, the Client confirms that they own the copyright and/or possess all required rights of use of this content and that it is not content whose use is illegal or prohibited by any law.

   The Client hereby confirms that in any delivery of mail, whether by email, pages, forms, and other products, text message or other, the following sentence shall be stated: “Sent via inwise – Cloud Marketing”, or any sentence with the same purpose, in a different wording as may be modified at the sole discretion of the Company. This sentence shall be highlighted and serve as a link to the Company’s Website and/or to a page or pages on the Website, or other landing pages owned by the Company.

   The Client hereby declares that they are aware that not all emails sent through the use of the System will be received by the contacts.

5. Unauthorized mailing and dissemination of spam via email and/or text message (SMS)
   Amendment No. 40 to the Communication Law (Bezeq and Broadcasting), the “Anti-Spam Law” stipulates that as of December 1, 2008, sending an “advertisement” via facsimile, automated dialling system, e-mail or text messages requires the express prior consent of the contact person. The purpose of the Anti-Spam Law is to prevent the sending of “spam” – an advertisement that is not requested in advance and/or continuing sending advertisements after requesting removal from a mailing list and/or stopping delivery. Even before the law was amended, inwise never engaged in sending spam but rather chose to provide its clients with an appropriate marketing response to their needs in the information and internet age. inwise intends to continue to provide its services to its clients while adhering to the requirements of the Anti-Spam Law and its provisions meticulously. inwise sees the Clients at the heart of its activity and as part of its commitment and responsibility towards its clients, inwise adapts itself and its activities to the boundaries set by the Anti-Spam Law.

   Thus, inwise clients who use its services and similar to it act according to the law, are obliged to comply with requirements of the Anti-Spam Law and its provisions and declare as follows:

   * The Company, as a supplier of only technological platforms, allows End Users to report an email sent in violation of the provisions of the Anti-Spam Law, and also receives reports from various communication providers about spam reports coming from its servers. In case multiple spam reports are received from End Users/communication providers and/or in case the Company suspects that a client uses the System to send advertisements on any media in violation of the Anti-Spam Law, the Company may suspend or close their client account without prior notice. In order to reduce damages and avoid continuing to create a bad reputation for the Company’s services, the Client hereby undertakes to indemnify the Company for the damages caused to it directly or indirectly as a result of such actions.

   * The Client undertakes not to distribute “spam” by any means prohibited by the Anti-Spam Law. The Client hereby undertakes to register in the management details in their account a correct and real physical address which will be displayed at the bottom of each mailing on their behalf as required by law. In addition, the System will provide any additional information available to it if required according to any future legislation. If this information does not exist, the Client will have to complete it before further using the System. The System provides a permanent link to remove the contact from the mailing list if they do not wish to be on the list.
   
   In addition and for an additional fee, the Company allows removal by replying to text messages.

   * It is hereby clarified that it is the sole responsibility of the Client to ensure full compliance with the Anti-Spam Law, including the removal of recipients, and that the Company shall not be responsible for incorrect or improper use of the System.
   
   * The Client undertakes to independently remove from the list any contact who did not request to be on it, who was accidentally or intentionally put on it, who requested to be removed from it, immediately, and to make sure to remove them from any text mailing list of telephone numbers of contacts who have requested to have their numbers removed from the mailing list and/or who have not agreed to be included in such a list.

   * The Client undertakes not to send Spam in violation of the provisions of the Anti-Spam Law. Sending text messages (SMS) through the System will be performed by the Company only to contacts whose telephone numbers have constantly been provided by them and for the purpose of receiving advertisements from the Client.

   * The Client undertakes not to make use of third-party mailing lists in any way.

   * The Client undertakes not to use e-mail addresses and/or telephone numbers collected through software for collecting various email addresses and/or telephone numbers and also undertakes to include full contact details and to clearly identify themselves as the sender in every message sent by them through the System. The Client undertakes to use the Unsubscribe option in every email sent for them through the System, and to immediately remove from the mailing list any contact who has requested to do so in other ways, not through the internal unsubscribe tag of the mailing system. The Client must ensure that each mailing list to which mailings are sent does not include the e-mail addresses of contacts who requested to remove their address from the mailing list. Content related to Spam for the purpose of encouraging spending money in any way should not be sent.

   * The Client is aware of the damages that may be caused to the Company if complaints are received directly or through a third party (such as ISPs) regarding the distribution of unauthorised e-mail. The Client knows and agrees that performing one of these actions will result in the unilateral termination of their business activities with the Company and that they will not be reimbursed for any payments made for activities not performed due to the breach of one of the terms of this Agreement. In the outgoing letters, the Company may add messages specifying the Client’s identity, the database, the rights of the contact person as well as technical details.

   * The Client, being the sole or intended “sender” and “advertiser” (as the term is defined in the CAN-SPAM Act, 2003 and all the rules related to such law or any domestic or international state law) of any email sent by them through use of the System, undertake to clearly state in every email message sent by them using the System that they are “the sender” and “the advertiser”. The “From” line of each email sent by the Client through the System will accurately and unambiguously indicate the identity of their organisation, product, or service. The “subject” line of each email sent by the Client through the System will not include any misleading content regarding the general subject of the email. Any email sent by the Client through the System will include their valid address.

   * The Client hereby undertakes to comply with all legal requirements in everything related to the collection and storage of private information as well as the security of the information in their possession and/or that was collected by them.The Client solely bears the responsibility for unauthorised mailing (Spam) and will bear any financial damage, loss, and/or expense caused to the Company as a result, which also includes but not only, the Company’s administrative, legal and other expenses.

6. Content for mailing through the System and misuse of services
   The Company’s servers, software, and systems will be used solely for lawful purposes. The System shall not be used for the distribution of prohibited content and in particular (but not exclusively), the distribution of defamation, invasion of privacy, materials intended or defined as “adults only”, pornography, sex services, gambling, drugs, and any other material relating to illegal activity. Any attempt to misuse Company resources is strictly prohibited. The Client undertakes not to infringe copyright and intellectual property, not to send content that contains viruses, and not to send any content that may cause damage to the Company’s servers or users. The Client undertakes not to distribute offensive or insulting messages.

   In any case of attempted misuse, or abuse of the rights granted to the Client when activating their account in the Company, the Company may suspend the Client’s account entirely or partially or close it permanently without any prior notice and at the sole discretion of the Company.

   The Company will not be liable for the messages distributed through the System, their content, advertising results, reliability, mental anguish, or for any damage they may cause to Clients, users, or any third party.

   The Client hereby undertakes to use the System only according to the provisions of this Agreement and the provisions of any law, domestic or international (including but not limited to policies, regulations, and laws relating to email delivery, Spam, privacy, obscenity, defamation, infringement of copyrights, trademarks and registration laws protecting children’s email addresses). Although the Company is not obligated to monitor or supervise content provided by the Client or the Client’s use of the System, the Company may do so as well as block any emails, remove any such content or prohibit any use of the System that the Company believes may (or claimed to) violate the above.

   The Client undertakes, among others, not to use the Website, the System, and/or any part of them in an unauthorised manner and/or use unauthorised methods and/or means, including using robots, crawlers, spiders, and/or any other automated means and/or not to change, translate, engineer, reverse engineer and/or make any attempt to discover the source code of any part of the Website, System and/or any software related to them and/or create their derivative works and/or in any way that may reveal and/or distribute the source code of the Website, the System and/or any part of them and/or that may subject the Company to the obligation to reveal and/or distribute the source code of the Website, System and/or of any part of them and/or use that may give a third party the right to modify or create works derived from the Website, System and/or source code. Without derogating from the generality of the above, the content of the Website may not be distributed, copied, reproduced, and/or displayed on any other website or other publications, without the prior written consent of the Company, including a ban on the use of framing techniques and automated data mining tools.

   The Client hereby grants the Company the right to use the content for the purpose of providing the Service.

7. The Client’s use of mailing services
   1. Registration  and use of the Company’s Services
      The use of the mailing services is subject to an agreement signed between the parties, and to the Company’s official price list if no agreement has been signed. If no agreement will be signed, in case of further use, if and to the extent possible by the System, the Client will be charged according to the official price list which will be published by the Company to the public at that time without the need for prior notice.
      User ordering services from inwise Ltd. will be made against prepayment, by direct debit, bank transfer, or valid credit card depending on the type of package or complimentary service ordered by the user (“Package/Packages”). Payment options and arrangement of the payment schedule will be subject to the sole discretion of inwise Ltd.
      
      In order to purchase the selected services, the Client must provide inwise Ltd. with the following identification information:
      Client’s name
      Client ID number – ID/C.P/A.D
      Up-to-date and valid email address of the Client.
      Client mailing address.
      Available telephone numbers (mobile and landline) of the Client.

   2. This information will be stored in the Company’s databases or on the secure servers of the Company’s suppliers. During the registration process, the Client is required to enter username and password information in order to log in and perform various actions. The Company recommends saving this information and changing the password frequently.
   3. Volumes and traffic
      The volume of traffic provided for the Client in the system is limited to 200 Mb per End User. However, the Company reserves the right to allow the Client an exception to this limitation, to charge a fee for the extension under the same payment and price terms or better terms, and to change it at its discretion if necessary.
   4. Payment terms and conditions
      The Company reserves the right to make changes in the Package prices from time to time for all the services, however, prices for a prepaid period are guaranteed to the Client until the end of the period, unless the legislation has changed or in case the economic conditions have drastically changed in a way which does not allow the supplier to meet these conditions.The Company reserves the right to close a Client account that has not made a payment arrangement as required without any prior notice. The Company may also close or suspend an account for which it was not possible to collect the payment (such as an incorrect credit card number, expiration of a credit card, bounced check) until the clarification and arrangement of the payment are completed.

      Terms and payment dates:
      * Payments for one-time services: Payment for one-time services (such as design, etc.), will be made in advance.

      * Payments for credits: Payment for “Email credits” or/and “SMS credits”, will be made on a one-time advance while purchasing the credits. The credits will be valid for 2 years or the Client will finish consuming the entire amount of credits purchased whichever is earlier. 

      * Payments made through the “Contact” Package: payment is based on the number of contacts in the account. Payment will be charged automatically, in advance, at the end of each calendar month for the following month, regardless of the number of submissions.

      * Payments through the “on demand” Package: payment is a pre-defined monthly payment for the requested Package, and will be charged automatically at the end of each calendar month for the previous month.

      A tax invoice or transaction invoice will be sent by e-mail close to the date of issue.
      Partial or full repayments will not be made.
      The prices displayed for all Packages and extras do not include VAT according to the law.

       Method of payment:
      Payment will be made through the account in the system by entering credit card details.  In special cases, payment will be possible through standing order.

   5. Termination of contract due to non-payment, non-use (Free Legacy Accounts), or termination of service period:
      After the trial period, and/or with the customer’s notification of the end of the service period, and/or free accounts (Legacy) where there was no access to the account for a period exceeding 12 months, and/or any account in debt for a period exceeding 90 days, and/or an invalid card for a period exceeding 90 days.
   6. Delete data
      At the end of the service and/or after the cancellation of the service, the company reserves the right to permanently delete any detail, or data entered by the customer into the system during the service period, without a restore option.  However, The company is not obligated to delete this data at the end of the period and reserves the right to keep the information as it is and/or any part of it required to comply with any law and/or to defend against claims or any other need accordingly to the Company’s Privacy Policy, and it undertakes not to use it for any purpose other than as defined in this Agreement and/or the Company’s Privacy Policy.
      
      
8. Databases
   It is solely the Client’s responsibility to perform examinations, and appropriate registrations and make the payments required to register the databases managed by them. The Company shall not be responsible for the registration of the Client’s databases or for any other action in them other than providing tools for their management and sending messages based on the data and records in them. In order for the Company to comply with the requirements of the law and to fulfil the annual reporting obligation to the database registrar, the Client must provide the Company immediately upon request with a list of its databases, listing the names of the database owners, database managers, name of the database security officer and any other information that may be required by the Company.
   
   
9. Version updates and maintenance work in the Company’s system:
   1. Version updates in the Company’s system
      The System offers a wide range of tools to users and its Clients as they are at the moment (“As-Is”). However, the Company reserves the right to modify, update and add tools to the System as it sees fit.
      
      The Company may change the structure and/or format of the user interface/Company Website at any time at its sole discretion and without notifying the Client in advance. In the event of such changes, the Client will not have any demand and/or claim against the company and/or anyone on its behalf on this matter or any other matter that may relate.
      
      Various content editors are installed in the System for the purpose of editing the templates/messages/landing pages prior to their use. These content editors were not created by the Company and it shall not be responsible for the editors’ integrity, reliability and function. The Company may review various content editors and replace them at its sole discretion and professional judgment.
   2. Performing maintenance work in the Company’s System
      The Company will periodically shut down the System for routine maintenance and version updates, for periods of up to 24 hours. For the avoidance of doubt, when the System is disabled, it will not be possible to use the selected Company services and/or register for the System. The Company undertakes to notify the Client of a planned maintenance operation in the System at least 7 days in advance.
      In cases of System downtime due to force majeure, or in any case not dependent on inwise Ltd., the Company will act to the best of its ability to restore normal system activity as quickly as possible.
      
      
10. Cancellation and refunds
    It is hereby clarified that the provisions of these Terms of Use regarding the execution and/or cancellation of a transaction through the Website and/or the System do not apply to a user who makes any use of the Website and/or the System in a manner that is not for personal or family use (including, but not limited to any user using the Website for business purposes). The terms of cancellation of a transaction for such business clients shall be as specified below in this section only. It shall be clarified that the Company does not allow any engagement that is not business to business (B2B) and therefore the Consumer Protection Law 1981 does not apply to the engagement between the parties, including the right to cancel and/or renew the engagement.
    1. Cancellation policy on behalf of the Company
       The Company reserves the right to cancel its services to the Client at any time due to non-compliance with any clause of this Agreement. In such a case no full or partial refund will be made to the Client and the Client will bear any special expense incurred by the Company as a result of such a breach of the Company Policy.
       The Company reserves the right to permanently delete the Client’s data, without the possibility of restoration, when cancelled by the Company. The Company will make reasonable efforts to contact the Client via email before taking any action to delete such Client data.
    2. Cancellation policy by the Client
       As for the Company’s services which are paid for: For prepaid for the purchase of mailing tickets, an SMS tickets, and/or customized designs – no refund in case of cancellation of a transaction for any reason.
       
       For a monthly payment: A transaction can be cancelled by performing a “customer closing” operation in the system. Closing a customer means deleting all of their existing information in the system, without the possibility of recovery. The date of cancellation will be the date in which the company approves the cancellation request. No refund will be made in any case.
       
       In the event that a provision of these Terms of Use is determined by an arbitrator, court or tribunal, or other competent judicial entity (hereinafter: “the Court”) as illegal and/or invalid and/or unenforceable, despite the intention of the parties, this shall not invalidate the other provisions of these Terms of Use and/or parts of that provision that has been cancelled and/or reduced by the Court and this provision will be limited or cancelled to the minimum required in order for the rest of this Agreement to remain valid and enforceable.
11. Limitation of Liability
    1. The use of the System and/or the Website and any reliance of the Client on the System and/or the Website, on their existence, correctness, and components, including any action taken by the Client due to the use of the System and/or the Website or reliance as aforesaid, is the Client’s sole responsibility. The Company does not guarantee that the System and/or the Website will be free from faults or errors, and in addition, it does not give any guarantee regarding the results that can be obtained from the use of the System and/or the Website. The use of the System and the Website is given to the Client “AS IS” and the Company shall not bear any responsibility, expressed or implied, including responsibility for traceability, suitability for a specific purpose, or for the certain performance of the System and/or the Website.
       
       Without derogating from the above, it is hereby clarified that the Company shall not bear any responsibility of any kind for the Client systems to which the System will interface, including the ability and/or inability of the Client systems to interface with the System and/or the operation of those systems together and/or in combination to the System. The interface of the Client systems (and/or those on behalf of the Client) with the System is performed solely at the Client’s responsibility.
       
       The sole and exclusive remedy to the Client due to failure of the System and/or the Website as aforesaid shall be the Company’s obligation to exercise reasonable efforts to adapt the System and/or the Website or to repair the System and/or the Website, at the Company’s sole discretion.
    2. The Company’s responsibility for the information
       The Company makes great efforts to protect and preserve the information stored by clients on its servers, and yet it is not responsible for information that was stolen, deleted, or corrupted due to intrusion, malicious hacking, or unexpected System crash. It is the Client’s responsibility to save the data, make copies and independently back up the data they enter into the System. The Company performs daily backups however it shall not be responsible for how they are performed, its correctness and restoration in case of loss of information, and in any case, if it is agreed to perform such restoration, the restoration expenses shall be reimbursed by the Client, calculated according to Company’s pricing per working hour.
    3. Company responsibility, use of username and password
       The Client is responsible for the security of their account, passwords, and files. The Company will accept the instructions of any person who claims to be authorised to make changes to the Client’s account, as long as that person presents the Client’s username and password online, via e-mail or by telephone, or through a third-party service through which they have access to the System if any. The Company shall not be responsible for the actions of any person who abuses or steals the Client’s lists or other assets of the Client by using the Client’s username and password.
    4. The Company’s responsibility for the Client’s damages
       To the maximum extent permitted by the applicable law, under any circumstances, and under any other law, The Company, its service providers, its business partners, its information providers, account providers, licence owners, position holders, directors, employees, distributors or agents (hereinafter in this section referred to as “The Company”), shall not be liable in any way to the Client or any other person for any expense, and/or financial, indirect, special, ancillary, consequential damage or damage due to reliance, even if The Company has been notified of the possibility of such damages, or in respect of any claim by any other party. Without prejudice to the above, if it is determined by the court ruling that The Company will be liable for such damages to the Client for any reason, and regardless of the type of claim (whether contractual, tort (including negligence), product liability or otherwise), The Company shall be liable to the Client regarding such a claim resulting of this Agreement, it will be limited to claims filed no later than 12 months from the date the cause of the claim arose and is limited to direct damage only, and up to the amount actually paid by the Client to The Company for the System during the 12 months prior to the claim, after deducting all other compensation paid to the Client by The Company during those 12 months.
       In case The Company has tried in good faith and before the rule of law, to assist in solving a problem and/or inquiry of the Client, this assistance shall in no way be considered as imposing any liability on The Company. Without prejudice to the above, insofar as an external link appears on the Website, The Company shall not be responsible in any way – directly or indirectly – for the content of that link, the information published on it, images appearing on it, reliance on all and any damage, expense and loss of profits, direct and/or indirect, caused as a result of and/or related to the same external link.
    5. Company liability in case of “force majeure”
       inwise Ltd., its employees, and all those acting on its behalf shall not be liable for any activity or lack of activity and damages resulting from circumstances beyond its control, including force majeure, fire, war, sabotage, public order interference, act, or omission of a communication and/or internet provider or restrictions imposed by them, government laws, government regulations or orders or other causes beyond the control of inwise Ltd., its employees and all those acting on its behalf.
       
       Without derogating from the above, the Client undertakes that its employees, agents, subcontractors, and any person or entity associated with it or those working on its behalf or who will engage in the performance of the service or related to it, if any, will directly accept the full obligations subject to this Terms of Service.
       
       
12. Indemnification for breach of agreement and for damages
    The Client hereby undertakes to indemnify the Company immediately upon its first demand due to any damage, loss, commitment, or expense (including but not limited to legal expenses) regarding any claim or demand arising from an alleged breach of this Agreement, arising from the content or results of any emails distributed by it through the System or arising in any other way related to its use of the System. In addition, the Client acknowledges and agrees that the Company has the right to claim compensation for any damage caused to it due to the use of the System by the Client or anyone on its behalf for illegal purposes, illegally, and/or in a manner inconsistent with this Agreement, and that this compensation will relate to damage of any kind, including direct, indirect, special, ancillary, consequential or resulting from reliance on this Agreement, its existence or its terms.
13. Dispute resolution
    The provisions of this Agreement shall be governed by the law of the State of Israel, and the courts in Petah Tikva shall have local jurisdiction. The provisions of this Section shall survive the termination of this Agreement.
14. Various
    In case there is a discrepancy or inconsistency between what is stated in these Terms of Use and what is stated somewhere on the Website or elsewhere (in this section “the Other Source”), these Terms of Use shall govern, even if it was written earlier than the Other Source, even if the Terms of Use are mentioned in the Other Source and even if the Other Source is more specific regarding the relevant issue – all this only if and to the extent that the Other Source does not extend the rights of the Company and/or the Website and/or the Other Source does not reduce the Company’s obligations and/or responsibilities.
    
    The contents of the Website and/or the System, entirely or partially, may be translated into different languages ​​using different translation tools. The contents of the Website and the System are binding for the Company only in their Hebrew version. Their translation into different languages ​​is solely made for the convenience of the User.
    
    The Client understands and confirms that there are third-party interfaces that the Website and/or the System may use, including, but without prejudice, text messages, Facebook, Google, and WhatsApp message providers (“Third-Party Interfaces”).
    
    In a case where the Client uses the Third-Party Interfaces, this use shall be subject to the terms of use of the Third-Party Interfaces, and the Client is responsible to act according to them. The Client declares that the Company, including its directors, any of its position holders, representatives, employees, managers, shareholders, and/or those acting on its behalf, shall not be liable for any direct or indirect, consequential, or special damage of any kind caused to the Client and/or any third parties as a result of any matter concerning the Third-Party Interfaces.
    
    To the extent that advertisements of businesses and/or third parties and/or links to websites and/or applications of businesses and/or third parties are sent to the Client according to the provisions of the law, it shall be clarified that the Company is not responsible for the content of such applications, websites and/or advertisements, their privacy policy and/or regarding the suitability of the products and/or services offered to the Client. In addition, the Company does not recommend and/or encourage the purchase of the products and/or services offered on those websites, applications, and/or advertisements. The Company shall not bear any damage, expense, and/or loss caused, or allegedly caused, in regard to the use of these websites, and/or applications, due to reliance on the websites, applications, advertisements, their content, and/or in regards to the products or services offered by such websites, applications and/or advertisements.
15. Additional information
    If you have any further questions regarding the Terms of Service listed above, please contact inwise via email at support@inwise.com