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Terms of Use

  1. 1. General
    Please read the instructions of this agreement (hereinafter: "terms of use") before you use the "asMade" system.
    1. 1.1 The Azmade system, which allows the purchase of a subscription to use it on the website asmade.co.il, is an internet system and/or a system adapted to a cell phone and/or an application that provides services for managing projects in the construction industry, graphic design of images and turning them into designed and customized "stickers" (hereinafter: "the system").
    2. 1.2 The Sela business is the exclusive developer, operator and marketer of the services provided in the system: "the business", "we" or the use of a singular entity ).
    3. 1.3 Browsing and use of the system are subject to the conditions detailed in these terms of use. Please read the terms of use carefully, as browsing the system and performing actions indicate your agreement to the terms of use, and it constitutes a binding contract between you and the business.
    4. 1.4 Any use you make of the system is subject to the terms of use and the privacy policy published therein, as well as to any relevant law.
    5. 1.5 The mere use of the system, including the various contents and services operating in it, constitutes your agreement and confirmation that you comply with all the instructions and conditions of the terms of use and the privacy policy, and therefore you are requested to read them carefully.
    6. 1.6 The business may make, from time to time, any amendment and/or change to the terms of use and the privacy policy, and this at its sole discretion.
    7. 1.7 The terms of use and the privacy policy are written for convenience in the singular masculine, but they are intended for both genders, as well as the plural.
    8. 1.8 The titles of the terms of use and the privacy policy are intended for convenience only and have no legal meaning.
    9. 1.9 To the extent that you do not agree to any of the things stated in the terms of use or the system's privacy policy, you are required to immediately stop any use of it.
    10. 1.10 You do not have the obligation to approve the terms of use or the privacy policy, but if you refrain from doing so you will not be able to guarantee your enjoyment and use of the system.
  2. 2. Definitions
    in this document shall have the meaning of the following terms as indicated below:
    1. 2.1 "User", "you" or use of a single third person - is a person who uses the system, under his own name or under another name. Use can be reading, browsing and viewing content, ordering services, payment, transferring information, etc.
    2. 2.2 "Services" - any use by a user of the system, the main purpose of which is the planning and management of projects in the field of construction and infrastructure.
    3. 2.3 "System administrator" - an entity in the system that has extensive privileges and is allowed to establish entities in the system that are users who are not system administrators.
    4. 2.4 "Permission to use" - permission given by the business to the user to make local, personal use of the system only, through a single computer station, which can be commercial, and for a limited period of time. The permission to use does not include ownership rights and is prohibited to transfer, rent, check, in exchange or not in exchange to any third party, without the prior written approval of the business.
    5. 2.5 "Personal information" - a user's personal information received/provided during the user's registration and/or use of the system.
    6. 2.6 "Business partners" - service providers who provide services and/or collaborate with the business for the provision of system services, in Israel and in other countries, who have been authorized by the business to receive information for the purpose of providing the services and who are obligated to the system to comply with all instructions of the terms of use and policy The privacy of the business.
    7. 2.7 "Website" - the website located at asmade.biz
    8. 2.8 "Period of use" - the length of time the user has acquired permission to use the system.
  3. 3. User declaration The user confirms that:
    1. 3.1 His use of the asMade system will be carried out after he has read, understood and approved the terms of use and the privacy policy of the system.
    2. 3.2 The system is not intended for sensitive personal information but for projects in the field of construction and the user is requested to refrain from uploading content that may constitute sensitive personal information of himself or another.
    3. 3.3 He is solely responsible for ensuring that the use he makes of the system is in accordance with the law, the terms of use, the privacy policy, the guidelines and conditions published by the business (hereinafter: "proper use").
    4. 3.4 The business has the right to suspend the use of the system, until the circumstances of the matter are clarified, in case of concern about a user's activity that does not constitute proper use, and the user releases the business from any claim and/or claim in this regard.
    5. 3.5 The information he will provide while using the system is reliable and valid, and this, among other things, in order to improve the experience of using the system. If it becomes clear to the user that the information provided by him is missing or incorrect, the user will inform the business as soon as possible. The user is aware that providing false details by him constitutes a use that is not a proper use.
    6. 3.6 His use of the system is personal and in accordance with the purposes for which it was intended. The user confirms that he will not make non-personal commercial use of the system except in accordance with an express agreement made between him and the business in this regard.
    7. 3.7 Subject to the limitations specified in the terms of use, the use of the system will be open to all potential users, while the business is not obligated to carry out screening or testing of the ability or suitability of the users to meet their obligations and/or use the system.
    8. 3.8 He is aware that the system makes use of the services of business partners from Israel and other countries, including transferring information provided by him to them.
    9. 3.9 He gave his consent at the time of delivering his personal information to the system, to receive advertising content of any kind in connection with the activity of the system, the activity of its business partners and the activity of other systems from the business house group, the business house and/or its business partners and in any means of communication.
    10. 3.10 He knows that the business takes acceptable precautions in order to maintain, as much as possible, the confidentiality of the information. However, in cases that are not under the control of the business and/or arise from force majeure, the business will not be responsible for damage of any kind, direct or indirect, caused to the customer.
    11. 3.11 will not make use of the system that may constitute a scan of the system by computerized means and/or that in any way imitates a regular surfer, including bots or crawlers and the like and/or use computer software, computer code or applications that include computer viruses ("viruses") and/or Trojan horse programs, worms, vandals, malicious applications, etc..
    12. 3.12 Will not perform any activity in the system that may constitute manipulation that may allow access to pages to which the user does not have direct access (URL Hacking).
    13. 3.13 will not do any action in the system that will affect the source code, system design, elements or content.
    14. 3.14 The system will not be used inappropriately or that is not in accordance with the law, including, will refrain from activities that may harm another person and/or a person's privacy and/or legal provisions regarding intellectual property and/or a trademark and/or copyright and/or a trade secret .
    15. 3.15 He is solely responsible for providing, at his own expense, all the equipment necessary to use the system, including mobile devices and mobile applications, Internet access and payment of service fees to third parties.
    16. 3.16 We are not responsible for non-delivery or delay in delivery of services available through our system, resulting from any event that is beyond our reasonable control, whether foreseeable or not, including, strikes, war, epidemic, fire, accident, extreme weather, inability to guarantee transportation, government act or regulation, and other causes or events beyond our reasonable control.
  4. 4. Purchase of permission to use
    1. 4.1 The purchase of permission to use the system will be subject to the full execution of the purchase process that is made possible through the website, and everything is in accordance with the prices, the time limit, and the conditions specified during the purchase process.
    2. 4.2 The period during which the permission to use the system will continue will be according to the user's choice during the purchase.
    3. 4.3 The payment for the purchase of authorization to use the system is via credit card or any other payment method that appears during the payment phase.
    4. 4.4 The business may at any time and for any reason change the conditions for purchase, replace them, diminish them, add to them, as well as deny the right to purchase in the system at its discretion and without any notice or advance warning.
  5. 5. System services
    1. 5.1 The system provides services for project management in the construction industry. The usage authorization allows a system administrator to establish a project in the system, to add and define end users in the system who will be allowed to enter data in the project to which they have been assigned by a system administrator.
    2. 5.2 The system includes the following applications:
      1. 5.2.1 Application of the management of system privileges for a user who is a project manager.
      2. 5.2.2 Application of project management tools such as: work diary; presence of contractors and workers on site; presence of tools on the site; Image and file management.
      3. 5.2.3 An application that is a checklist established by a system administrator and intended to monitor the execution of tasks on a construction site.
      4. 5.2.4 An application that enables efficient search of files and data in the system.
      5. 5.2.5 An application that allows files uploaded by a user to be exported from the system.
    3. 5.3 The uploading of files to the system by users is limited in terms of type and volume and will be in accordance with what was announced during the process of purchasing the usage authorization.
    4. 5.4 The services described above are provided in accordance with the existing situation As Is and should not be considered an open-ended list or a description of the essence of the applications or the manner of implementation of the applications themselves.
  6. 6. Returns and cancellations policy
    1. 6.1 A user will be entitled at any time and for any reason to request the cancellation of the permission to use granted to him through the application to cancel use of the system or through an email message to info@asmade.biz.
    2. 6.2 The use authorization has ended or a user who is a system administrator has requested to cancel the use authorization, the authorization will be canceled within up to 3 working days, and the files and data uploaded by users to the system regarding the project established by the system administrator will be deleted.
    3. 6.3 A user who is not a system administrator requested to cancel his permission to use the system, the permission will be canceled within up to 3 working days, but the files and data he uploaded will be left in the system until the end of the system administrator's permission to use the project to which the said user is associated.
    4. 6.4 The business does not, for any reason, refund payments of those who have purchased a use permit. Cancellation fees for usage authorization before the end of the usage period will consist of an additional month's payment according to the average monthly price of the usage authorization purchased by the user.
  7. 7. User Content
    1. 7.1 Although the user reserves the rights in the content and information uploaded to the system, the user grants us and the business partners an exclusive, permanent, and worldwide right to use your personal information for the purposes described in these terms of use and our privacy policy.
    2. 7.2 We consider it extremely important to protect the personal details of others. We will handle a user's personal information and use it in accordance with our privacy policy published on this website.
    3. 7.3 We implement a strict information security policy according to our procedures and in accordance with the requirements of the law.
    4. 7.4 With the exception of transfer to business partners and except as stated in the privacy policy of the business, a user's personal information will not be transferred by us to any third party without the user's consent.
    5. 7.5 It is clarified that from the moment a user's personal information is transferred to any third party that the user authorizes us to transfer information to, we will not have any responsibility for said information.
  8. 8. External links
    1. 8.1 During the use of the system by a user, there may be found in the system links to various websites on the Internet, operated or published not by the business (hereinafter: "external links").
    2. 8.2 The external links are provided for the convenience of the user. The business does not guarantee that external links will lead to an active website and/or their reliability and/or their correctness and/or their compliance with legal requirements.
    3. 8.3 The business is not a party to any engagement with any party to which an external link will refer, is not responsible for the quality and/or reliability of the products and/or services of a third party and will not be liable for any debt due to damage, expense or loss caused, or allegedly caused, in connection with C. have external links.
  9. 9. Mailing
    1. 9.1 We may and you hereby authorize us to send you advertisements, e-mails and/or PUSH messages to the mobile device or other similar services available to users, directly or through a third party provider.
  10. 10. Use of the system and storage of content
    1. 10.1 The user confirms that he is aware that the business may establish general practices and limitations regarding the use of the system's services, including without limitation, the maximum number of days that the uploaded content will be stored in his system, the maximum disk space that will be allocated or our servers, and the maximum number of times (and the maximum continuation thereof) that a user may access the services in a given period of time.
    2. 10.2 The user confirms that the business has no responsibility for the deletion or non-saving of any content held or transferred to or through the system. The business reserves the right to suspend or delete accounts that have not paid all required payments or are inactive for an extended period as well as to update these general practices and limitations at any time, at our sole discretion.
  11. 11. Security and password
    1. 11.1 The user is solely responsible for maintaining the confidentiality of his password, account, statements, acts and omissions that occur through them. The user must take steps to ensure that access to his password and account is prevented from others. The staff of the business will never ask a user for his password and a user should be suspicious of any such request.
    2. 11.2 A user is not allowed to transfer or share his account with another and we reserve the right to block the activity of the account immediately in case of unauthorized transfer or sharing of information, usage authorization or passwords.
  12. 12. System Updates
    1. 12.1 Your use of the system does not oblige the business to support and/or maintain and/or upgrade and/or new versions of the system.
    2. 12.2 The business will update its system and services from time to time, in accordance with its sole discretion, without prior notice, which may involve malfunctions and/or inconvenience (hereinafter: "Service Update" ) . The user will not have any claim and/or claim based on a service update, or malfunctions that will occur as a result.
    3. 12.3 If the user becomes aware of a malfunction or error in the operation of the system, he is invited to inform the business. The business will deal with inquiries brought to it in accordance with its sole discretion, and the user will not have the right to any claim and/or claim on this basis.
    4. 12.4 For any question and/or inquiry regarding the product, as well as any other inquiry regarding infringement of a right or offensive content, contact must be made through the contact system in the system.
  13. 13. Intellectual Property
    1. 13.1 The approval of these terms of use constitutes an agreement that all intellectual property rights existing in the services and/or system constitute the exclusive property of the business, including any right in patents, copyrights, trademarks, designs, models, applications, computer code, graphic files, in the text and anything that constitutes a trade secret. There is nothing in these terms of use and/or the use of the system to grant the user any right in the system and/or in the information collected through it.
    2. 13.2 By the very fact of the user's use of the system, there is a confirmation that he will not make any use of the system he has in order to violate the rights of others, including intellectual property rights.
    3. 13.3 It is clarified that comments or suggestions relating to the development and/or design and/or improvement of the system that a user submits to the business will not give him any rights in the system, and the user hereby grants a non-exclusive and worldwide license to the business to use, without any consideration, any suggestion as mentioned.
    4. 13.4 To the extent that a user is aware of the use of the system infringing the intellectual property rights of another, then the business urges him to contact him as soon as possible and to pass on relevant information on the matter.
  14. 14. Disclaimer
    1. 14.1 We do not guarantee that the content, services or products of the system will fully meet the user's requirements or expectations.
    2. 14.2 We do not guarantee that the use of the system will be uninterrupted, at the required time, secure or free of mistakes, errors, defects or computer viruses.
    3. 14.3 We do not guarantee that the use of the system will be effective, reliable, accurate or to the user's satisfaction.
    4. 14.4 This system may include technical or other errors, inaccuracies or typographical errors. We may make changes to the content, products and services in this system, at any time and without prior notice.
    5. 14.5 The use of the system, content, services and products is done according to your independent decision and with your agreement that you will be solely responsible for any loss, damage, as much as these are caused to you and/or others due to use of the system that is not proper use.
  15. 15. Limitation of liability
    1. 15.1 The business is not responsible for any use of the system that is not in accordance with the provisions of these terms of use and/or the law.
    2. 15.2 The system or the information in the system should not be seen as a recommendation to take any action or to avoid any action in the management of a construction site and certainly is not a tool for making decisions and is not intended for engineering or safety recommendations.
    3. 15.3 The business makes efforts so that the use made by users of the system is continuous and without interruptions. However, the business does not guarantee that the use will be made without errors and/or unauthorized access and/or malfunctions and/or without damages, breakdowns, malfunctions, hardware, software or communication failures (hereinafter: "failures" ) . The user indemnifies the business from any claim and/or claim regarding direct or indirect damage, mental anguish, etc. that will be caused to him or his purchase due to failures.
    4. 15.4 The business will not be responsible for any damage that may be caused and/or will be caused to computer equipment and/or cellular and/or other devices as a result of using the system, and the user hereby waives any claim against the business in this regard.
    5. 15.5 The business will not bear any responsibility towards the user in any case where he will not be able to use the system services, all or some of them.
    6. 15.6 Any use made by a user of the system is "as is" ("As Is") and according to the availability of the system ("As Available") and without any obligation, expressly or implicitly on the part of the business. Thus, the user will not have any claim, claim or demand regarding the nature, reliability, completeness, capabilities and limitations of the system.
    7. 15.7 The business will not be responsible, towards a user or any third party for any kind of damage related to mental and/or physical and/or business and/or reputational and/or indirect damage, which results from and/or relates to any use of the system, even The business was aware of the possibility of this type of damage occurring.
    8. 15.8 The business retains every right to update and/or remove services from the system or to limit access of one or more users to the system, without prior notice and in accordance with its sole discretion.
    9. 15.9 The user releases the business and the business partners from any claims for damages, losses, injuries or expenses, known and unknown, directly or indirectly, arising from or related to the business, business partners, an authorized authority or a third party offered through this system.
    10. 15.10 The user agrees that even in the event that he incurs damage, loss, injury or expense, caused directly or indirectly from actions or avoidance of actions by us, the damages, losses, injuries or expenses, or anything caused to the user will not constitute grounds for a claim against the business .
    11. 15.11 Without detracting from the limitation of liability of the business, if a judicial tribunal decides to hold the business liable for damages, losses, injuries or expenses directly or indirectly arising from or related to these terms of use or the use of the system or services of the business, then it is agreed that the maximum compensation that will be entitled For a user, it will be worth the payment that the user paid for the user's last period of use of the system.
  16. 16. Indemnification
    1. 16.1 The business will not be liable for damage caused to another due to a user's use of the system that has improved the rights of a third party and the user will indemnify the business for any liability incurred due to the user's use of the system.
    2. 16.2 The user agrees that, upon demand from us, he will indemnify and/or indemnify the business and the business partners, against any claim for damages, losses, loss of profit and/or expenses, including attorneys' fees and costs, arising directly or indirectly as a result of the actions of a user or conducted on his behalf: (i) inappropriate and/or abusive use of the system; (ii) incorrectness of a user's personal information; (iii) violation of the Terms of Use; (iv) violation of any third party right, including any intellectual property right, publicity, confidentiality, property or privacy right; (v) Violation according to any law; (vi) misrepresentation made by a user.
    3. 16.3 The user undertakes to cooperate with us and provide us with access to the information in his possession in any case of our need for legal protection. We reserve the right to exercise exclusive protection and control over any claim subject to indemnification by the user, who cannot, in any case, settle any claim without the prior written consent of the business.
  17. 17. Termination of engagement
    1. 17.1 The business reserves the right to change, stop and/or suspend the activity of the system and services, in whole or in part, temporarily or permanently, and this at its sole discretion and without giving prior notice and without being required to provide a reason and/or explanation for this.
    2. 17.2 The business shall be entitled, at its sole discretion and without prior notice, to stop and/or require a user to cease using the system and/or services of the business, all or part of them, act controls and/or action and/or reasonable suspicion that this was done in violation To state in these terms of use and/or controls one of the following events:
      1. 17.2.1 The user provided incorrect or missing information when registering for the system;
      2. 17.2.2 The user, by act or omission, gave the means of identification to a third party;
      3. 17.2.3 The user did and/or tried and/or encouraged use of the system which is against the law.
      4. 17.2.4 The user has committed an act that harms or may harm the business or its employees or other users or a third party.
    3. 17.3 If the business has stopped the user's use of the system in light of this section, the user hereby acknowledges and waives any claim and/or demand in connection therewith.
    4. 17.4 The user declares and confirms that he knows that the system services and the business depend on third parties over whom the business has no control and that any interruption, disruption and/or interruption of services by third parties may interfere with the provision of the services and/or cause their termination. The user hereby confirms and waives any claim and/or demand in connection therewith.
  18. 18. Privacy Policy
    1. 18.1 18.1 The current Privacy Policy as published by the business in the system (hereinafter: "Privacy Policy") is an integral part of these terms of use.
  19. 19. Law and jurisdiction
    1. 19.1 Israeli law will apply to this agreement only. The courts in the Tel Aviv district will have unique and exclusive jurisdiction over any conflict or controversy that may arise between the parties to this agreement.
  20. 20. Miscellaneous
    1. 20.1 These terms of use represent the full agreement regarding the system's services and any changes to them will only be possible with a written agreement with the business.
    2. 20.2 If it is determined that any provision in the Terms of Use is unenforceable, then this provision will be redrafted, but only to the extent necessary to make it an enforceable provision.
    3. 20.3 The business may, at any time, change the terms of use, all of them, by publishing them in the system. It is agreed that your continued use of the system, after a change in the terms of use has been brought to your attention, will constitute your consent to said change.
    4. 20.4 Expiry of this agreement, the provisions of sections 13 - 20 of the terms of use will continue to apply after the termination of this agreement, for any reason.
    5. 20.5 The user may not transfer and/or assign his rights to another.
    6. 20.6 The business may transfer and/or assign part and/or all of its rights and/or obligations to any third party at its sole discretion.
  21. 21. Contact details with the business
    1. Email: info@asmade.biz
    2. The privacy policy is valid as of: 1/10/2021

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