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Terms of Use

IMPORTANT: BY USING THE SERVICES (DEFINED BELOW) YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES. 

ARBITRATION NOTICE. THESE TERMS CONTAIN AN ARBITRATION CLAUSE FOR USERS FROM THE USA IN SECTION 15 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES, AS EXPLAINED IN SECTION 15, USERS FROM THE USA AND THE COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION, AND SUCH USERS AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.  

  • 1 Acceptance of Terms 

    • The following agreement consists of the terms and conditions governing your, a user of the Services who is either a Host or a third party with whom the Host communicates using the Services ("you" or "user"), access to and use of JobDone Ltd.’s  ("Company" or "We") proprietary solution known as “Just Talk To” and the content, features and services therein (collectively, the "Services"), which is a solution that enables registered users (“Host”) to host and schedule calls with third parties and enjoy other features available on the Services. These JOBDONE TERMS OF SERVICE together with the JobDone Privacy Policy available at: www.justtakto.com/privacy (the "Terms") constitute a binding agreement between you and Company, and by continuing to use the Services (in whole or in part) in any way or manner you agree to abide by, and be bound, by these Terms. If you do not understand and/or agree to these Terms, you should immediately cease making any use of the Services. 

    • We may unilaterally change or add to the terms of these Terms at any time. In the event of a material change, We shall notify you via email or by means of a prominent notice on the Services. You should check our Services periodically and review changes to the Terms at the following URL: www.justtakto.com/terms. By continuing to use the Services following such modifications, you agree to be bound by such modifications. If you are not comfortable with all of the provisions of these Terms, please do not use the Services. 

  • 2 License  

    • Subject to the terms and conditions set forth herein, including without limitation payment of all applicable fees, Company hereby grants to Hosts a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Services, only according to the terms of these Terms.  

  • 3 Limitations on Use  

    • Host undertake to use the Services solely for personal purposes and not in order to provide the Services or any competing services to a third party. The Services are intended for use by users at least sixteen (16) years old, you hereby declare that you are eighteen (18) years old or older. Except as specifically permitted herein, you agree not to (i) sell, license (or sub-license), lease, assign, transfer, pledge, or share your account and/or any of your rights under these Terms with/to any third party; (ii) transfer, distribute, scrap, copy all or any part of the Services and/or the Company IPR (as defined below); (iii) make use of the Services in any jurisdiction where same are illegal or which would subject Company to any registration requirement within such jurisdiction or country; (iv) use, or encourage, promote, facilitate or instruct others to use the Services for any illegal use or in connection with gambling, sex calls or other erotic services or sale or marketing of illicit substances or materials; (v) transmit or upload any viruses, spyware or other harmful, infringing or illegal content; (vi) access the Services through or use with the Services any unauthorized means, services or tools including without limitation any data mining, robots, or any other automated means or data gathering and extraction tools, including without limitation in order to extract for re-utilization of any parts of this Services; (vii) perform any act that destabilizes, interrupts or encumbers the Services or their servers or use automatic means, robots or crawlers, that enable sending more request messages to the servers of the Services, in a given period of time, than a human can reasonably send in that time period by using the Services; (viii) copy, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), make any attempt to discover the source code of the Services and/or any other software available on the Services or create derivative works thereof; (ix) penetrate or circumvent or attempt to penetrate or circumvent any technical restrictions or limitations included in the Services or their servers; (x) distribute, upload, transmit, submit, publish, send, or facilitate the sending of inappropriate, inaccurate, misleading, pornographic, fraudulent, libelous, defamatory, offensive, threatening, vulgar, obscene, abusive or otherwise illegal content or content which infringes Intellectual Property Rights (as defined below) of third parties or their right for privacy or publicity; (xi) publish, send, or facilitate the sending of any unsolicited mass messages, promotions, advertisements, or solicitations (like spam), including commercial advertising and informational announcements or use the Services for robocalls; or (xii) impersonate any third party or provide any incorrect or misleading information. You are solely responsible for obtaining, paying for, repairing and maintaining all the equipment, software, hardware and services (e.g. internet provider) required for getting access to and using the Services. 

  • 4 Ownership of Proprietary Rights 

    • 4.1 Host’s IPR. 

      • You retain all rights in Your Content.  

    • 4.2 Company IPR. 

      • The Services, including without limitation any underlying data, software, platforms, algorithms, technology, bots, design, UI, any information, services and features, Feedback (defined below) and any modifications, enhancements and derivatives thereof and all Intellectual Property Rights related thereto ("Company IPR") are the exclusive property of Company or its licensors, who retain all right, title and interest in connection therewith. 

      • No transfer or grant of any rights by Company is made or is to be implied by any provision of these Terms or by any other provision contained in the Services with respect to the Company IPR or otherwise, except for the limited license set forth in Section 2 above. 

      • We appreciate hearing from our users and welcome your comments regarding the Services. Notwithstanding anything to the contrary herein, please be advised, however, that if you send us ideas, suggestions, inventions, or materials regarding the Services ("Feedback"), we shall: (i) own all right, title and interest in and to the Feedback without any restriction; (ii) not be subject to any obligation of confidentiality; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation or credit to you or any other person.  

      • "Intellectual Property Rights" means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired. 

  • 5 Your Content and Use of the Services 

    • 5.1 Your Content. You shall have sole responsibility and liability for Your Content (as defined below). Company does not provide back-up or archive services and the Hosts are solely responsible for maintaining adequate backups of Your Content. You hereby grant Company a worldwide, royalty-free license to use, copy, host, store, display, reproduce, modify, adapt, edit, translate and create derivative works of Your Content for the provision of the Services to you.  

    • 5.2 Representations and Warranties. You represent and warrant to Company that Your Content: (i) complies with and will comply with all applicable laws, rules and regulations, the Terms and will not infringe the rights of any third party, including without limitation any Intellectual Property Rights, confidentiality and the right to privacy; (ii) does not and will not contain any threatening, offensive, racist, hateful, violent, sexually explicit, obscene, libelous, defamatory, false, misleading or otherwise inappropriate content; (iii) does not and will not contain any unsolicited mass messages, promotions, advertisements, or solicitations (like spam), including commercial advertising and informational announcements; (iv) is free of viruses, trojans, time-bombs and any other malicious code; and (v) is free from any restrictions, third party rights, payment obligations and/or royalties (including without limitation to any collecting societies).  

    • 5.3 "Your Content" shall mean any and all content and information that you provide, upload, send or create through or in connection with the Services, including Host’s recorded calls and notes. 

  • 6 Your Account  

    • Hosts are solely responsible for all actions performed in the Services under their user name and password. Keeping Host’s password safe is Host’s sole responsibility. If any Host has any reasons to suspect that its password was discovered by any third party or that there was an unauthorized access to Host’s account, Host will immediately notify Company and change its login information.  

  • 7 Taxes

    • Host shall bear all taxes that apply to its income and if required to do so, Company may
      withhold and deduct any amount from payments due to Host.
      User shall bear all taxes that apply to payments herein (except for taxes on Company’s or
      Host’s income), such as VAT and sales tax.

  • 8 Privacy 

    • Company's privacy practices are governed by Company's privacy policy, the most updated version of which is available at www.justtakto.com/privacy ("Privacy Policy"). 

  • 9 Disclaimer 

    • THE SERVICES ARE CURRENTLY IN BETA AND THEREFORE YOU MAY EXPERIENCE MORE BUGS AND ERRORS THAN UNUSUAL.

    • YOU AGREE THAT YOUR USE OF AND RELIANCE ON THE SERVICES SHALL BE AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. 

    • COMPANY DOES NOT WARRANT THAT THE COMPANY IPR OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

    • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

  • 10 Limitation of Liability 

    • TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL COMPANY OR ITS AFFILIATES AND ITS AND THEIR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST INCOME, LOSS OF BUSINESS OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. WITHOUT DEROGATING FROM THE FOREGOING, COMPANY'S AGGREGATE LIABILITY UNDER ANY LEGAL THEORY SHALL NOT EXCEED THE FEES YOU ACTUALLY PAID COMPANY DURING THE PRECEDING SIX (6) MONTHS PRIOR TO THE EVENT THAT GAVE RISE TO THE CLAIM. 

    • SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

  • 11 Indemnification 

    • You agree to defend, indemnify and hold Company and anyone on its behalf, including but not limited to, all of its owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys' fees, expert fees' and other costs of litigation) arising from, incurred as a result of, or in any manner related to (i) Your Content; or (ii) any breach of these Terms or violation of applicable laws by you.    

  • 12 Third Party Content 

    • The Services may contain content provided by third parties, other users and links to outside services and resources, included without limitation, content on the profile pages of Hosts. Company does not screen, monitor or control such content and services. Any concerns regarding any such linked service or resource should be directed to such particular service or resource provider. Such links and content are provided only as an informational resource, simply as a service and only for your convenience. Company is not responsible or liable for such links and/or content. Without derogating from the foregoing, should you leave the Services via a link contained herein and/or view content that is not provided by Company, you do so at your own risk and Company shall not be responsible or liable for damages or losses caused in connection therewith. In as much as you are redirected to linked sites, applications and content, We recommend you to carefully read and abide by the terms of use and privacy policies of such applications, sites and content.  

  • 13 Notice And Takedown  

    • In the event that you believe that any content included in the Services violates your Intellectual Property Rights, right to privacy or is defamatory or otherwise illegal, inappropriate or offensive, please file a detailed notice of complaint to Company to the following address info@justtalkto.com, identifying such content and detailing the factual basis of your complaint and we will make reasonable efforts to remove the infringing content. 

  • 14 Termination 

    • We may terminate these Terms and suspend or cease providing the Services at any time, without prior notice, at our sole discretion. Upon termination you shall immediately cease using the Services and the following Sections shall survive: 1, 3 , 4, 5 and 7-16. 

  • 15 Binding Arbitration for the US Users 

    • 15.1 Applicability. This Section 15 applies solely to users from the USA and Section 16(i) below shall apply to users from other jurisdictions. 

    • 15.2 Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis ("Disputes"), except that you and the Company are not required to arbitrate any dispute for enforcement or infringement of either party's Intellectual Property Rights ("Excluded Disputes"). Any and all Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes. 

    • 15.3 Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at  www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any Disputes where the total amount sought is less than $10,000 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For Disputes where the total amount sought is $10,000 or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 

    • 15.4 Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise. 

    • 15.5 Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and the Company. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company. 

    • 15.6 Waiver of Jury Trial. YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, OTHER THAN IN RESPECT OF EXCLUDED DISPUTES. You and the Company are instead electing to have claims and disputes resolved by arbitration. In any litigation between you and the Company over whether to vacate or enforce an arbitration award, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge. 

    • 15.7 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, MARKETING AFFILIATE OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 15.13 below. 

    • 15.8 Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. 

    • 15.9 Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement. 

    • 15.10 Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor the Company can force the other to arbitrate. To opt out, you must notify the Company in writing no later than thirty (30) days after first becoming subject to these Terms. Your notice must include your name and address, the email address and phone number you provided through the Services when you registered or made a purchase, and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to this address: info@justtalkto.com.  

    • 15.1 1 Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court. 

    • 15.1 2 Agreement Survival. This arbitration agreement will survive the termination of these Terms and your relationship with the Company. 

    • 15.1 3 Venue for Excluded Disputes. Excluded Disputes shall be governed by and construed exclusively in accordance with the laws of the State of Israel, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the competent courts of Tel Aviv-Jaffa, Israel in respect of Excluded Disputes and hereby submit themselves to the exclusive jurisdiction of these courts. 

    • 15.14 U.N. Convention. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded, whether the claim is in arbitration or at court. 

  • 16 General 

    • (i) Except with regard to users form the USA who did not opt-out pursuant to Section 15.10 above, these Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to the principles of conflict of law therein. Except with regard to users form the USA who did not opt-out pursuant to Section 15.10 above, the parties consent to the exclusive jurisdiction of the courts of Tel Aviv, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded; (ii) notwithstanding the foregoing, in the event of breach or threatened breach by of any provision of these Terms by you, Company could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms, and that the remedies at law available to Company may otherwise be inadequate and Company shall be entitled, in addition to any other remedies to which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of an equitable relief, including without limitation an injunctive relief, in any jurisdiction worldwide. You hereby acknowledge and agree that Company shall not be required to post bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition; (iii) if any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms; (iv) you acknowledge and agree that Company has the right, at any time and for any reason, to cancel, reschedule, or modify the Services; (v) Company may start at any time to charge fees or change the applicable fees for use of or subscription to the Services upon reasonable prior notice. Company will not change or apply fees retroactively without prior notice; (vi) without derogating from any other written agreement you may have signed with the Company, which will apply together with these Terms, these Terms are the entire agreement between you and Company regarding the subject matter herein; (vii) Company may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third party without the prior written consent of Company. Any unauthorized assignment will be void and of no force or effect; (viii) Company's failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by Company as to subsequent enforcement of rights or subsequent actions in the event of future breaches; (ix) all waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion; (x) ANY CAUSE OF ACTION INITIATED BY YOU AND ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU MAY HAVE IN ESPECT THEREOF. 

If you have any further questions or require further clarification, please contact us by sending an e-mail to: info@justtalkto.com. 

 

Last updated: December, 2021.