Terms of Use

By using SmartSign, you expressly acknowledge and agree that you are entering into a legal agreement with SmartSign, and have understood and agreed to comply with, and be legally bound by these Terms of Use and all other supplemental terms and policies referenced herein, which are incorporated into these Terms of Use by reference (collectively: “Agreement”).

If you do not agree with any of the terms and conditions of the Agreement, do not use SmartSign.

You affirm that you are of a legal age in your jurisdiction to form a binding agreement, but in any event older than eighteen (18) years.

General

The headings in this Agreement are for convenience only, and shall not to be used or relied upon for interpretive purposes.

The following terms shall have the meaning ascribed to them below.

• “Aggregated Usage Data” means data that may be collected, compiled, and analysed from multiple Users of the Application in a manner that is anonymized and aggregated, such that it does not identify any individual User.
• “Artificial Intelligence” or “AI” means artificial intelligence models that can solve complex problems, make decisions, or undertake tasks that require human-like sensing, perception, cognition, planning, learning, communication, or physical action.
• “Customer Data” means all text, documents, files, information, data, or other materials, which are uploaded, submitted, stored or otherwise made available to the Application by Users, including any User input to the Application and associated Application output.
• “Documentation” means any manuals, specifications, videos and other documentation that accompany the Application.
• “Feedback” means any suggestions, enhancement requests, recommendations, corrections, or other feedback provided to us by the Users, with respect to the Application. Feedback shall not be considered Customer Data but any associated Customer Data shall not be considered as part of the Feedback.
• “SmartSign” (“we”, “us”, “our”, or “Provider”) means Mor Peled HLN Nadlan Ltd., a private company incorporated in Israel.
• “Privacy Policy” means the Privacy Policy, as published on our website (currently available at www.smartsign.today/privacy).
• “Application” means the SmartSign platform, owned and operated by SmartSign, including all associated applications, websites, cloud services, backend, System Data, and Documentation.
• “System Data” means logs collected by the Application, such as access and security logs, but excluding any Customer Data.
• “User” means any end user or customer using the Application.

License

Subject to the terms of this Agreement and so long as you comply with its terms and pay the Consideration, SmartSign hereby grants you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to use the Application solely for your own use.

You agree not to, and not to permit any third party to: (i) sublicense, redistribute, sell, lease, lend, rent or encumber the Application; (ii) make the Application available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Application; (iv) copy, modify, improve, or create derivative works of the Application or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the Application or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Application; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Application; (vii) use any communications systems provided by the Application to send unauthorized and/or unsolicited commercial communications; (viii) use the SmartSign names, logo or trademarks without our prior written consent; (ix) use the Application to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement; (x) use the Application on a service bureau, rental or managed services basis or permit other individuals or entities to create Internet “links” to the Application or “frame” or “mirror” the Application on any other server or wireless or Internet-based device; (xi) use the Application and/or content generated by it to create a competitive offering; and/or (xii) share or publish the results of any benchmarking of the Application without our prior written consent.

Intellectual Property

SmartSign and its licensors retain all right, title, and interest, including any and all associated intellectual property rights, therein and thereto: (i) the Application and the Documentation; (ii) the Feedback; and (iii) Aggregated Usage Data.

Customer retains all right, title and interest, including any and all intellectual property rights therein and thereto the Customer Data.

Artificial Intelligence

The services provided by SmartSign include, provide access to, or rely upon Artificial Intelligence, machine learning, or other automated technologies to generate, analyze, summarize, classify, recommend, or otherwise process information, content, data, or materials (“AI Features”).

You acknowledge and agree that AI Features are experimental in nature and that any outputs, responses, recommendations, analyses, summaries, explanations, or other content generated or provided through the AI Features (“AI Output”) may be inaccurate, incomplete, misleading, outdated, biased, or otherwise erroneous.

You are solely responsible for evaluating, verifying, and determining the accuracy, completeness, suitability, and reliability of any AI Output before relying on it or using it for any purpose.

AI Output should not be treated as professional, legal, financial, medical, technical, or other expert advice, unless expressly stated otherwise in writing by us.

You should not rely on AI Output as the sole basis for making decisions that may have legal, financial, business, personal, or other significant consequences.

The Application is designed to assist with professional matters using AI.

It is not intended to provide legal advice, and Users should not consider it as such.

Legal decisions should always be made in consultation with a qualified lawyer.

Please be aware that the nature of this technology may result in inaccuracies, factual errors, misleading content, bias, or offensive language.

Users should always review the output carefully before using it and exercise due diligence when dealing with legal matters.

Payments

Some of our services require payment. If you are using a service that requires Unless specifically provided otherwise, all fees specified in each applicable order shall be due and payable without delay and payment received by you after the due date shall be subject to a late fee equal to three percent (3%) per month or, if less, the maximum amount allowed by applicable law.

All amounts payable hereunder shall not be subject to any set-off or deduction.

All fees are exclusive of any applicable taxes, duties and similar governmental charges, and you are responsible for payment of all such amounts, including sales tax, value added tax (VAT), withholding taxes, export, import and other duties imposed by any governmental agency in connection with this Agreement.

If any such taxes are required to be withheld, you shall pay an amount to us such that the net amount payable to us after withholding of taxes shall equal the amount that would have been otherwise payable under this Agreement.

Data and Privacy

The Application is not intended to, and will not, operate as an archive or data storage product or service, and you agree not to rely on the Application for the storage of any data whatsoever.

You are solely responsible for the backup of Customer Data.

We shall use any personal information that we may collect or obtain in connection with the Application in accordance with our Privacy Policy, which is hereby incorporated by reference to this Agreement, and you agree that we may do so.

The Privacy Policy explains how we collect, use, and protect personal information.

Notwithstanding, you are aware that you are not legally obligated to provide us with any personal information, and you hereby confirm that providing us personal information is at your own free will.

Warranty Disclaimers

THE APPLICATION AND ANY SERVICES PROVIDED THERWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE FUNCTIONS OF THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE APPLICATION WILL OPERATE ERROR-FREE, OR THAT WE WILL CORRECT ANY ERRORS IN THE APPLICATION.

YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING, WITHOUT LIMITATION, ANY SECURITY, PRIVACY PERFORMANCE AND/OR CONNECTIVITY ISSUES.

WE DO NOT MAKE ANY WARRANTY REGARDING THE OUTPUTS THAT MAY BE GENERATED FROM USE OF AI FEATURES, INCLUDING WITH RESPECT TO THE SUITABILITY FOR YOUR USE CASE.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY AI OUTPUT IS DONE AT YOUR SOLE AND EXCLUSIVE RISK.

DUE TO THE CURRENT NATURE OF GENERATIVE TECHNOLOGY, YOU SHOULD NOT RELY ON THE APPLICATION ARTIFICIAL INTELLIGENCE AS A SINGLE SOURCE OF FACTUAL INFORMATION.

YOU SHOULD ALSO NOT TREAT IT AS LEGAL ADVICE. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH SMARTSIGN SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, AT ANY TIME AND WITHOUT PRIOR NOTICE, TO MODIFY, RESTRICT, SUSPEND, DISCONTINUE, REVOKE OR TERMINATE, TEMPORARILY OR PERMANENTLY, THE LICENSE GRANTED TO YOU AND/OR YOUR ACCESS TO, OR USE OF THE APPLICATION, IN WHOLE OR IN PART. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT THAT WE PERMANENTLY TERMINATE YOUR LICENSE OR ACCESS TO THE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE A REFUND OF ANY PREPAID FEES ATTRIBUTABLE TO UNUSED PURCHASES, CREDITS OR USAGE RIGHTS THAT HAD NOT BEEN REDEEMED OR UTILIZED AS OF THE EFFECTIVE DATE OF TERMINATION. YOU NOT BE ENTITLED TO ANY OTHER REFUND, COMPENSATION, DAMAGES OR REMEDY ARISING FROM OR IN CONNECTION WITH SUCH MODIFICATION, SUSPENSION, DISCONTINUATION, REVOCATION OR TERMINATION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SMARTSIGN BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, SYSTEMS, APPLICATION, NETWORKS, REVENUE, PROFITS, VALUE, SALES, SAVINGS, BUSINESS OR REPUTATION, OR DOWNTIME, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APPLICATION UNDER ANY THEORY OF LIABILITY AND EVEN IF SMARTSIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, SMARTSIGN’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APPLICATION, SHALL NOT, IN ANY CIRCUMSTANCE, EXCEED THE TOTAL AMOUNT, IF ANY, ACTUALLY PAID BY YOU TO SMARTSIGN FOR USING THE APPLICATION WITHIN THE 6 (SIX) MONTHS PRECEDING THE EVENT ON WHICH THE CAUSE OF ACTION AROSE.

Adjustments to Applicable Law

Insofar as applicable law prohibits any of the warranty disclaimers and/or limitations on liability and/or any other obligation you may have under this Agreement, the parties agree that the relevant disclaimer and/or limitation and/or obligation will be automatically modified, but only to the extent required to make it compliant with applicable law

Indemnity

You agree to defend, indemnify and hold harmless SmartSign and/or its respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Application; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.

Export and Traffic in Arms Compliance

You agree to comply fully with all applicable export and import laws and regulations in performing this Agreement. You represent and warrant that you are not listed on any US government list of prohibited or restricted parties or located in (or a national of) a country subject to a US government embargo or designated by the US government as a “terrorist supporting” country. You agree that the Application will not be used for activities related to weapons of mass destruction, or other activities controlled under the US International Traffic in Arms Regulations.

Updates and Upgrades

We may, from time to time, provide updates or upgrades to the Application (each a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Application. All references herein to the Application shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the Application, unless the Revision is accompanied by a separate agreement which will govern the Revision.

Third Party Application

Portions of the Application may include third party software components that are subject to open source and/or pass-through commercial licenses and/or notices (“Third Party Software” and “Third Party Terms”, respectively). We may publish a list of some or all Third-Party Software and related Third Party Terms on www.SmartSign.today/thirdpartysoftware (as may be updated from time to time). If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related Third Party Software.

THIRD PARTY SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AS IT RELATES TO ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIRD PARTY SOFTWARE, SMARTSIGN SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Third Party Sources

Any links to third-party websites, products or services are provided for your convenience only and are subject to the third party’s terms. SmartSign is not responsible or liable for those websites, products, or services.

Beta Program

We may release Application or features that we are still testing and evaluating. We will mark these products with the words “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings). If you decide to use them, please remember that they may not be as reliable or as thoroughly tested as mature software.

Application Availability

SmartSign reserves the right, at its sole and absolute discretion and at any time, to suspend and/or terminate the availability of the Application and the services provided therewith.

Modifications

We may update this Agreement from time to time. When we do, we will post an updated version on this page, unless another type of notice is required by applicable law. We may also modify the Third Party Software list (if available) and/or other online documents which are incorporated by reference to this Agreement (including their respective appendixes), by updating the respective web page. Your continued use of the Application following such an update means that you accept the changes

Jurisdiction, Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. Any claim or dispute between you and SmartSign that arises in whole or in part from or in connection to the Agreement and/or the Application, shall be submitted exclusively to a court of competent jurisdiction located in Tel Aviv, Israel.

Miscellaneous

This Agreement shall constitute the entire agreement between you and SmartSign. In the event of a conflict or inconsistency between the terms of these Terms of Use and the terms of any of the agreement incorporated by reference, the terms of the referenced agreement shall govern and prevail. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

Contact Us

If you have any questions or need clarifications with respect to this agreement, please contact us at info@smartsign.today