תקנון ותנאי שימוש

1. Definitions

• "the Company" or "OIA" — Etex Global Ltd., Company Reg. No. 516532314, located at 22 Gibore Israel St., Netanya, Israel, the operator of the OIA platform.
• "the Platform" — The OIA system in its entirety, including the web interface, mobile application, API, and any associated services.
• "User" or "Customer" — Any individual or business entity that uses the platform.
• "Services" — All services provided through the platform, including: customer and lead management (CRM), AI-powered bots, multi-channel campaigns (WhatsApp, SMS, email, Facebook, Instagram), payment processing, payment pages, proposals, digital contracts, invoicing, marketing and sales automation, AI design studio, analytics, reporting, and task management.
• "User Content" — Any information, text, image, file, message, contact list, or other material that the user uploads, sends, or stores on the platform.
• "Third Party" — Any entity other than the Company or the user, including: Meta (WhatsApp, Facebook, Instagram), payment processors, SMS providers, email providers, and any external service integrated with the platform.

2. Acceptance of Terms

Use of the platform and services constitutes full and unconditional agreement to these Terms of Service. If you do not agree to these terms, you are requested not to use the platform.

The Company may update these terms from time to time. Notice of material changes will be sent to users via the platform or by email. Continued use after an update constitutes acceptance of the updated terms.

These Terms of Service constitute a binding agreement between the user and the Company. In any case of conflict between these terms and any other document, these terms shall prevail.

3. Description of Services

The OIA platform provides a comprehensive business management solution that includes, among others:

• Customer and lead management (CRM)
• AI-powered bots for WhatsApp and other channels
• Multi-channel campaigns: WhatsApp, SMS, email, Facebook, Instagram
• Payment processing and payment pages
• Proposals, digital contracts, and invoicing
• Marketing and sales automation
• AI-powered design studio
• Analytics, reports, and task management
• AI-powered smart dialer

The Company reserves the right to modify, expand, reduce, or discontinue services or features at any time, at its sole discretion, provided that reasonable advance notice is given to users.

4. Registration and Account Management

Use of the platform requires registration and provision of accurate and up-to-date personal and business information.

• The user is responsible for maintaining the confidentiality of their login credentials (username and password)
• All activity conducted under the user's account is the user's full responsibility
• The user agrees to notify the Company immediately of any unauthorized use of their account
• The Company may suspend or close an account that violates these Terms of Service

5. Payments and Subscriptions

5.1 Payment Structure

Services are provided on a paid monthly subscription basis. Prices are published on the website and do not include VAT unless otherwise stated.

5.2 Automatic Renewal

Subscriptions automatically renew at the end of each billing period, unless cancelled by the user before the end of the period. Billing is processed using the payment method provided by the user.

5.3 Price Changes

The Company may update service prices. Notice of price updates will be given at least 30 days in advance. Continued use after the update constitutes acceptance of the new price.

5.4 VAT and Taxes

Prices shown do not include VAT as required by law, unless otherwise stated. The user is responsible for any taxes or levies applicable in their jurisdiction.

5.5 Non-Payment

Failure to pay on time may result in account suspension or closure. The Company may restrict access to services until payment is settled.

6. Cancellation and Refund Policy

In accordance with applicable consumer protection laws:

• Platform services are classified as digital services and are not refundable after the commencement of use
• Subscription cancellation takes effect at the end of the current billing period. No pro-rata refund will be given for a period already paid for
• For plans with a commitment period (minimum term), early cancellation may result in a charge for the remaining commitment period, as specified at the time of registration
• Custom services (such as bot setup, landing page design, custom integrations) are non-cancellable once work has commenced

For cancellation requests, please contact: [email protected] or call +972-55-976-3383.

7. User Responsibility for Content

The user is solely responsible for all content they upload, send, publish, or store through the platform, including:

• WhatsApp, SMS, and email messages sent to customers and leads
• Marketing campaigns and advertising content
• Contact lists and personal information of the user's customers
• Images, documents, and files
• Content on payment pages, proposals, and invoices

The user represents and warrants that:

• They have all necessary consents to send messages to recipients
• Their content complies with all applicable laws, including privacy laws, anti-spam laws, and WhatsApp/Meta policies
• They will not use the platform to send spam, offensive, illegal, or misleading content, or content that harms third parties
• They will not use the platform for any unlawful purpose

The Company does not monitor user content and is not responsible for it. The Company may remove content or suspend an account if it becomes aware of a violation of these terms.

8. Third-Party Platforms

The platform integrates with third-party services, including but not limited to:

• WhatsApp / Meta — Messaging, bots, campaigns
• Payment processors — Payment processing
• SMS providers — Text messaging
• Email services — Email delivery
• Invoicing providers — Accounting documents
• AI services — Artificial intelligence for bots and design

The Company is not responsible for the actions, changes, outages, policies, or decisions of third parties, including:

• WhatsApp account blocking by Meta due to violation of WhatsApp usage policies
• Changes in terms of service, pricing, or APIs of external platforms
• Outages, downtime, or errors in third-party services
• Delays in message delivery or payment processing caused by third parties

Use of third-party services is subject to their respective terms of service, and it is the user's responsibility to comply with them.

9. Data Storage and Deletion

The Company invests significant resources in data security and stores data in accordance with industry standards, including:

• Encryption of data in transit (SSL/TLS) and at rest
• Role-based access control
• Regular backups and system redundancy
• Continuous security monitoring

However, the Company does not guarantee that data will not be lost, damaged, deleted, or exposed as a result of technical failure, cyberattack, human error, force majeure, or any other cause. The user is responsible for backing up their critical data.

Upon termination of the agreement:

• The user may request an export of their data before account deletion
• User data will be deleted within 90 days of termination, unless retention is legally required
• The Company is not obligated to maintain backups after account deletion

For full data deletion instructions, see: Data Deletion Instructions.

10. Limitation of Liability

This section constitutes a material part of the agreement between the parties.

The platform and services are provided "AS IS" and "AS AVAILABLE", without any representation or warranty of any kind, express or implied.

The Company, its directors, employees, partners, and suppliers shall not be liable under any circumstances for any damages, including but not limited to:

• Direct, indirect, special, consequential, or punitive damages
• Loss of profits, revenue, reputation, customers, business opportunities, or data
• Costs of procuring substitute services
• Business interruption

Whether caused by:

• Use or inability to use the platform
• Outages, downtime, errors, or bugs
• Loss of or damage to data stored on the platform
• Unauthorized access to the user's account
• Acts or omissions of third parties
• Changes in service, features, or terms
• Force majeure, including natural disasters, war, pandemic, or communication disruption

In any event, the Company's aggregate liability to the user shall not exceed the amount actually paid by the user to the Company in the three (3) months preceding the event that caused the damage.

11. Indemnification

The user agrees to indemnify and hold harmless the Company, its directors, employees, partners, and suppliers from any claim, demand, damage, expense (including reasonable attorney's fees), or liability arising from:

• The user's use of the platform or services
• Breach of these Terms of Service by the user
• Violation of any law, including privacy laws and anti-spam laws
• Content the user published, sent, or uploaded through the platform
• Infringement of third-party rights by the user

12. Intellectual Property

All rights in the platform, including source code, design, logo, trade name, algorithms, processes, and software, are the exclusive property of the Company and are protected by intellectual property laws.

The user receives a limited, non-exclusive, non-transferable license to use the platform only. This license is contingent on compliance with these Terms of Service and payment for the services.

User content remains the property of the user. By uploading content to the platform, the user grants the Company a limited license to use it solely for the purpose of providing the services.

The user may not copy, duplicate, reverse-engineer, disassemble, modify, or create derivative works from the platform without written permission from the Company.

13. Acceptable Use and Prohibited Activities

The user agrees not to:

• Use the platform for any unlawful or unauthorized purpose
• Send spam, chain messages, or offensive messages
• Interfere with the operation of the platform, its servers, or networks
• Attempt to access accounts, data, or systems that do not belong to them
• Circumvent security mechanisms or access restrictions
• Use bots, scripts, or automated tools in a manner that harms the platform
• Violate the usage policies of WhatsApp/Meta or any other third party
• Sell, rent, or transfer their account to a third party without authorization

The Company may suspend or close the account of a user who violates these provisions without prior notice.

14. Service Availability

The Company makes reasonable efforts to ensure high availability of the platform, but does not guarantee continuous, uninterrupted service.

The Company may perform maintenance, updates, or upgrades that may cause temporary service interruptions. Where possible, advance notice will be provided.

The Company shall not be liable for outages, delays, or malfunctions caused by factors beyond its control, including third-party providers, communication carriers, and force majeure.

15. Termination of Service

Either party may terminate the agreement with written notice. Cancellation by the user takes effect at the end of the current billing period.

The Company may terminate the agreement immediately in the event of:

• Material breach of these Terms of Service
• Unlawful or harmful use of the platform
• Non-payment after a warning has been given
• Activity that endangers the platform, other users, or third parties

Upon termination, the user's access to the platform will be blocked and data will be deleted in accordance with the policy detailed in Section 9.

16. Privacy

The collection, use, and storage of personal data are subject to our Privacy Policy, which is an integral part of these Terms of Service.

The user agrees to comply with all applicable privacy laws regarding the personal data of their customers and contacts stored on the platform. Responsibility for obtaining consents, managing databases, and meeting legal requirements regarding customer data lies solely with the user.

17. Miscellaneous

• Entire Agreement: These terms, together with the Privacy Policy and Accessibility Statement, constitute the entire agreement between the parties
• Severability: If any provision is found to be invalid, the remaining provisions shall remain in full force and effect
• Waiver: Failure to enforce any provision does not constitute a waiver of the right to enforce it in the future
• Assignment: The Company may assign its rights to a third party. The user may not assign their rights without written consent
• Notices: Notices to the Company should be sent to [email protected]. Notices to the user will be sent to the email address registered in their account

18. Governing Law and Jurisdiction

These Terms of Service are governed exclusively by the laws of the State of Israel.

Any dispute arising from or related to these terms or the use of the platform shall be resolved exclusively by the competent courts in the Central District of Israel.

19. Contact Us

For questions regarding these Terms of Service:

• Company: Etex Global Ltd., Reg. No. 516532314
• Email: [email protected]
• Phone: +972-55-976-3383
• Address: 22 Gibore Israel St., Netanya, Israel