Terms and Conditions
Effective from: 30 Aug 2020
1.Introduction

1.1. The use of the application “SMS Bear”, a platform which enables you, among other things, to send text messages ("SMS Messages" or "Texts") to third parties (the “App” or the “Service”) is in accordance to the following sections and terms of use (the “Terms”) including the Privacy Policy of the App and according to any applicable law. By using the App, You signify that You agree to be bound by the Terms.

1.2. The use of the App is restricted solely to legal purposes and is restricted to individuals who are legally qualified or corporations.

1.3. The purpose of the Terms is to regulate the relations between the operator of the App, SMS Bear (the “Operator”) and any person and/or entity using and/or accessing the App and the Service of the Operator. By using the App, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the App and refrain from any use of the App. The Operator reserves its right to terminate Your use of the App if You will not comply with any or all of the Terms.

1.4. The Terms determine Your access to the App and will apply to any of Your use in the App including, but not only, use of data, content and services in the App or links to other sources of information and on any transmission of data and constitutes the legal basis to any of your actions and/or communications during any use of the App.

1.5. The Operator reserves its right to terminate Your use of the App if You fail to comply with any or all of the Terms and reserves its right to update the Terms from time to time at its sole discretion and without providing any prior notice. It is clarified that the binding terms will be the Terms available at the App at the time of Your use of the App. Therefore and prior to any use of the App, You are advised to read thoroughly the Terms and the Privacy Policy. If You do not agree with all or part of the Terms, please refrain from any use of the App.

1.6. The Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the App, the provisions of the Terms shall prevail.

1.7. It is clarified that the Operator reserves its right to change and/or terminate the activity of the App, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

1.8. The Service is active and accessible at all hours of the day at every day, and You may use it at all times. However, the activity of the App may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.

1.9. If You have any questions regarding the Terms and/or Privacy Policy, you may contact the Operator by email: jonathan@conversionbear.com. It is clarified that the Operator’s contact details and the Operator’s availability are subject to change at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

1.10. It is clarified that the Operator is not liable for any communication between You and third parties which You send Texts using the Service since the Operator serves solely as a platform which enables its Users send SMS Messages. You are solely responsible for ensuring any relevant compliance with all regulations applicable to Your business including with respect to anti-spam regulations.
2.Definitions

Content” means the App, SMS Messages you create and/or edit, online webpages, the sorting and display of information and any other illustrative form in the above and in mailings.

Service” means the App, the user account including its instructions, other related products and services, personal support service if provided, and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.

Account” means the account opened by Your name in the App including Your registration or any other use of the Service without creating an account.

App/Service Errors” means any interruption in the App’s availability due to reasons which are not directly controlled by the Operator.

You” or “Users” means, inter alia, individuals and entities authorized by the Operator to use the Service and Your employees, consultants, service providers, agents and/or third parties which You have business with.

Your Data” means all data and/or information in electronic form which You provide or as collected by the Operator in the App during Your use of the App.
3. Payment Terms

3.1. Users installing the Service of the App will be bound to the following terms in addition to all the Terms in this agreement.

3.2. In order to use the Services provided by the Operator, the User is required to purchase credits by filling a form and providing details as requested by the Operator. It is clarified that the Operator may change any requested details from the User at any time and under its sole discretion; and the Operator reserves its rights to decline a credit purchase request, for any reason, under its sole discretion and without providing such reason.

3.3. It is possible to purchase credits at prices appearing in the App which are VAT exclusive unless stated otherwise. The Operator may change the prices at any time as well as any of the Services at its sole discretion and You will not have any claims against the Operator in such cases.

3.4. Using the Service is subject to purchasing credits at a fee as decided by the Operator from time to time. The Operator reserves its right to increase or decrease such fee at its sole discretion and without any prior notice. In case of a decrease of the credit fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction and the User shall not have any claims against the Operator in such case.

3.5. The User may pay via credit card or any other method as determined by the Operator.

3.6. It is further clarified that the Operator reserves its right at any time and at its sole discretion to change the fees and the Services it provides and/or to add additional features to the Service and the User shall not have any claims against the Operator in such case.

3.7. The Operator reserves its rights to shut down the App or any part thereof for any reason at any time at its sole discretion and You will not have any claims against the Operator in such case, and the User will not be entitled to any refund and/or payment deduction paid by them for the Services.

3.8. The use of credits is personal and non-transferrable.
4. Liability and Limitation of Liability

4.1. The Operator solely enables You to send SMS Messages via the Service and therefore it is hereby clarified that the Operator is not liable for any outcomes of the Texts You send using the Service.

4.2. The Operator reserves its rights to act against a User which will breach any of the Terms including, but not only, blocking the User’s access to the App and shutting down its Account without prior notice and under its sole, and the User will have no claims against the Operator in such case.

4.3. The Operator shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to You resulting from Your use of the App and/or resulting from Your reliance on any Content and Service available in the App including any sending of SMS Messages.

4.4. The Operator has no relation and/or connection to any of Your actions using the Service and the Operator is not liable for any of Your actions resulting from Your use of the Service and You will not have any claim against the Operator regarding any damage caused to You resulting from Your use of the Service.

4.5. The Operator does not warrant that all links available on the App, including links available on Mailings sent to You by the Operator, are active and/or will lead to an active website, and the existence of such link shall not be considered as any opinion, recommendation or advice regarding any content appearing in such link. In no case shall the Operator have any liability to You regarding such matter. Without derogating from the above, the Operator shall not be liable for any damages, direct or indirect, caused to You resulting from Your use and/or reliance on information and content appearing in any third-party webpages which their links may be available on the App.

4.6. The Services available on the App may be interrupted and/or may face errors. The Operator does not warrant that the App will be immune of any illegal access the Operator’s computers and/or any damages, errors, faults relating to hardware, software and/or communication line and/or any other damage which may be caused to the Operator and/or any of its providers. The Operator shall not be liable for any direct or indirect damage caused to You and/or any third party including to Your assets, including, but not only, any damage resulting from loss of information or content uploaded by You.

4.7. The information and Services available on the App may include inaccuracies or mistakes. The Operator does not warrant that the Service will be uninterrupted or error-free or that the Service or the servers providing the Service will be virus-free or free from other harmful components. The Operator does not warrant that the use or the result of the use of the Service will be accurate, correct and/or reliable in any manner.

4.8. You hereby agree that the Operator will not be liable for any unauthorized access to Your Account including any change in content You uploaded and/or sent, whether received or sent by You or not.

4.9. The Operator has no responsibility for any of the SMS Messages You send using the Service since the Operator is solely a platform which enables You to send SMS Messages to third parties. It is Your responsibility to verify Your compliance with all regulations relevant to sending SMS Messages including anti-spam regulations and privacy regulations prior to sending SMS Messages to third parties. Any claims and/or demands You may have regarding the outcomes of using the Service including, but not only, any dispute between You and a third party which received SMS Messages You send via the Service. 

4.10. You hereby warrant to the Operator that You will send SMS Messages which their content and/or purpose is offensive, infringing proprietary rights including content which infringes copyrights or trademarks, pornographic content, content which is illegal to publish due to gag orders issued by a competent court, content which is defaming and/or violating one’s privacy, and computer software and/or computer code  containing viruses, malicious software and harmful applications, passwords, usernames and other identifying data enabling the use of computer software, digital files, spam messages, any information containing harmful, unlawful, obscene, libelous and/or racist content, information which may mislead third parties and/or any information which harms any acceptable norms of using the internet and which may harm the internet users.

4.11. It is hereby clarified that the Operator is not liable for any communication between You and third parties which will receive SMS Messages sent by You.

4.12. Should You breach any of the above, by negligence or on purpose, You will be held liable for any loss and damage incurred and/or may be incurred to the Operator which will have the right to terminate Your use of the App immediately and to block Your access to the App without prior notice and at the Operator’s sole discretion and You will have no claims against the Operator in such case. Furthermore in such case You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.

5. Intellectual Property

5.1. All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator.

5.2. Without derogating from the above, the App, all the webpages of the App and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.

5.3. You may not copy, reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing in the App without the Operator’s prior and written consent.

5.4. You warrant not to publish the Content or any part of it except as permitted in the Terms, and You warrant not to publish any product and/or output of information, whether tangible or intangible or in any other form, and You will copy and/or duplicate and/or create derivative works and/or modify and/or adapt the Content for publishing, advertising, displaying, performing, transmitting, broadcasting, making available to the public, selling and/or any other action without the Operator’s prior and written consent.

5.5. The ownership and the intellectual property rights of contents of third parties including images displayed in the App are owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the App. You hereby agree to be bound to any Third Party Agreements regarding Your use of the App, including any future changes to the Third Party Agreements.

5.6. The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator via email address jonathan@conversionbear.com.

6. Use of Personal Information

6.1. The Operator respects the privacy of all users of the App. Information regarding use of Your information can be found in the Privacy Policy.

6.2. Upon registration, You will be requested to login via Your email address in order to allow You to access limited areas in the App. The Operator and/or anyone on the Operator’s behalf will not be liable for any unauthorized use of Your account and/or personal area by anyone who uses Your details without Your permission. 
7. Mailings

7.1. The Operator may offer to all its users to receive service notifications and email messages and/or newsletters about updates, improvements and other user notifications regarding the Operator’s activity, including via emails (the “Mailings”).

7.2. It is clarified that at any stage You will have the ability to opt out of receiving the Mailings by contacting the Operator and/or by clicking on a link available on the Mailings sent to You by the Operator.
8. Security

8.1. The App is protected and secured using advanced security tools which are intended to ensure safe and secure use of the App and to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the App including, but not only, theft of information of other users and breaching the security mechanisms of the App. The Operator will act against You in such case by any means permitted by law including blocking Your access and use of the App and taking legal actions against You in such case.

8.2. Should You breach any of the above, by negligence or on purpose, the Operator will have the right to block Your access to the App and You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.
9. Term and Termination

9.1. This Agreement commences on the day You start using the App and continues until You refrain from any use of the App and the Operator’s services.

9.2. The Operator may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful); and/or (iii) the provision of the Service is no longer commercially viable. In case of the above the Operator shall, where possible, give reasonable notice of such termination.

9.3. The Operator reserves its rights, at its sole discretion, to amend the Terms at any time by publishing such amendments in the App and notifying of such amendment. Any amendment will become into force immediately upon notifying of such amendment. Your continuation of using the App will be considered as consent to such amended terms.

9.4. The Operator reserves its rights to shut down the App or any part thereof for without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.

9.5. All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.
10. General Terms, Governing Law and Messages

10.1. This Agreement, including the Privacy Policy, constitutes the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted.

10.2. The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator’s behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on information available on the App.

10.3. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the courts of Tel Aviv, Israel, for any litigation and/or dispute arising out of this Agreement.

10.4. All notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon sending an email with a confirmation of arrival.