–Last update 01/01/2021
InfluPush is a product of Phonder Technologies Ltd ("Phonder"). Phonder, its employees, managers and owners are pleased that you have chosen to use InfluPush.
This TOU affect your legal rights and obligations. If you do not agree to be bounded by all of the TOU, do not access or use InfluPush
The service, content, data and information shown in or sent by InfluPush are given "As-Is", "As Available" and "With all faults" basis. You, as a user, will not have any demand, legal claim or other claim about the data quality, errors in the data, misstatement (including misstatement considering push massages, statistics, subscribers etc.), offers listed or presented, advertisement available, or any mistake of any kind whatsoever. It is clarified that you will not raise any argument or claim against Phonder in respect of any such error, mistake or deception. The presence of certain data in InfluPush does not indicate its reliability or that it is up to date. Note that the images shown are for impression purposes only, and will not be used for any demand or claim against Phonder.
The service operates by computer code and by using the internet. You will not have any demand or claim about any failure or problem, any harm of user experience, or any damage of any kind, related to the computer code, the internet, or any other technological factor.
It should be noted that InfluPush may not be available with respect to all devices, and push massages are not sent to 100% of the devices. For example, IOS devices are still supported only via app.
Phonder reserves the rights to change, cancel or delete any service, content and/or data, including closing all the services and closing of InfluPush, at all time. You will not have any demand or claim against Phonder related to any change made in InfluPush. You may cancel your account with us in accordance to the Israeli Consumer Protection Regulations. Subscribed users may cancel the subscription at any time via their browser (such as Chrome) or operation system (such as Android) interface.
Phonder reserves the right to block users, delete user's data, and to do any change regarding a user, including preventing him/her from using InfluPush.
Using InfluPush by children under the age of 18 is subject to approval of parents or legal guardian. If you are under 18 years, you must ask your parent or legal guardian for permission. If a user under 18 has decided to use InfluPush – it will be considered for all purposes that he had received permission from parents or legal guardian.
Using InfluPush by non-manual way (for example: by using API, Bots, Robots etc.) is forbidden. Phonder may block users who are using InfluPush in a way that a normal human being is not capable of.
Content and data published by Influencers at InfluPush
Some users of InfluPush ("Influencers") may publish information, pictures, reviews and text in InfluPush. Every Influencer uploading any details, information or text to InfluPush hereby takes full responsibility for the content. Phonder will have no responsibility for such content. If you have identified inappropriate content or data, please contact us immediately by email and request its removal. Phonder will make reasonable efforts to remove the offensive or problematic content, but it is not guaranteed that Phonder will be able to remove any material posted by users or Influencers.
Phonder reserves the right to delete any content or data or information from the servers, including content uploaded by users or Influencers at any time, without explanations and without an advance warning.
Intellectual property and copyrights:
All the intellectual property and copyrights regarding InfluPush, including the design, the computer code, the graphic, pictures, the application, site and code structure, and any other component in InfluPush belong only to Phonder. It is forbidden to copy, distribute, reproduce, publicly display or disclose to third parties any part of this protected material, without a prior consent in writing from Phonder.
Phonder reserve the right to sue anyone for violation of its rights, including for copying snippets of code, copy of the application/site structure, copying styles and any copy or use of Phonder intellectual property or copyright whether listed or non-listed, including trademarks, whether listed or non-listed.
You, the user, must not do anything that will violate Phonder intellectual property or copyrights, including reverse engineering, de-compile, disassemble, make a similar application or site, make a work or application based on InfluPush or to change or use the application in any other way.
The user/Influencer hereby give Phonder full, free, and unlimited-timed license for any content that will be uploaded to Phonder servers, including text, pictures, reviews and any other content. The user/ Influencer will have no claim about any use made by Phonder in this intellectual properly or information.
Phonder reserves the right to sue any user for any damage, harm, loss, or future loss of profits. For example, such damages can be made by fictitious push-massages, attacking or overloading the servers, copying data and/or information from InfluPush for commercial use or any other unpermitted use.
The user will compensate Phonder for any loss, expanse, future loss of profits or a payment that Phonder will have due to a use that is not according to these TOU.
These TOU shall only be governed by the laws of Israel. Only the law of Israel will be applied on these TOU. Any litigation between the user / Influencer and Phonder will be held only at the competent courts in Tel-Aviv, Israel.
If any part of these TOU will be held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these TOU and will not affect the validity and enforceability of any remaining parts.
Anywhere these TOU are in masculine – also in feminine, and vice versa. Anywhere written singular – also plural, and vice versa, all as applicable.
If there are 2 or more conflicting provisions they shall be read cumulatively, so the more restrictive provisions shall apply to the user.