Terms of Use of TinQ
Last updated: December 2022
CRYPTOC Financial Solutions Ltd. (hereinafter: the "Company") welcomes you (hereinafter: the "User" or "you") to the use of the TinQ website available at tinq.co.il (hereinafter: the "Website"), through which users are provided content such as updates and news regarding the virtual currency field, as well as additional related services for registered users (hereinafter: the "Services", as broadly defined in Section 2 below). The terms of use detailed below (hereinafter: the "Terms of Use") apply to your use of the Website and the Services.
1. Agreement to the Terms of Use
Please read carefully: by entering the site and using it and/or by using the services, you give your consent and confirmation that you have read and understood these Terms of Use (including the terms detailed in the site's "Privacy Policy" available at the following link https://tinq.co.il/privacy.html (hereinafter together: "the Terms"), you agree that the Terms bind you and that you will act in accordance with all laws and regulations applicable in connection with the use of the site and services, and you confirm that these Terms constitute a binding and enforceable legal agreement between the company and you. If you do not agree to any of the terms detailed below, you are obligated to immediately refrain from using the site or accessing it and/or using the services, and you may not make any use whatsoever of the site and services.
Please note: use of the site and services is intended for users over the age of 18 only. If you are not over 18, you may not use the site and services.
The terms are phrased in the masculine form for convenience only, and of course also apply to women.
2. The Site and Services
The site offers various content and services related to digital currencies. Through the site, and subject to the terms and legal requirements, users are given the ability, among other things: to perform buy and sell transactions of digital currencies; to set up recurring orders for scheduled purchases (DCA); to use custody services in a managed cold wallet; to use business services (including API interfaces, IBAN and crypto payroll payments); to receive guidance under the VIP service; to use the conversion calculator; and to receive information and updates about developments in the field of digital currencies. The scope, availability and terms of the services may change from time to time at the company's discretion and in accordance with legal requirements.
(hereinafter collectively: the "Services").
Details regarding information collected as a result of users' use of the site and services can be found in the Privacy Policy.
Please note: some of the services provided to registered users may involve payment. Further details regarding services involving payment, the payment amount and payment terms will be detailed on the site and/or by company representatives. The company reserves the right to change, at any time and at its sole discretion, the payment amount and payment terms for future use of the services. You confirm that the company will have no liability regarding the manner of payment collection that is not made directly by the company (for example, through various clearing service providers and/or payment applications and/or digital wallets such as Google Pay, Apple Pay, Bit).
Please note: the site, site content, content available through its use, user content and services are provided to you "AS IS" and are intended for personal use only. Using this content for commercial purposes is strictly prohibited. The user agrees and confirms that use of the site, site content, content available through use of user content and services, is at their sole responsibility, and that the company has no liability for results that may arise from their use, including liability regarding the site's functioning, provision of services, suitability and/or unsuitability of site content and services to the user's satisfaction and/or the results of using it. The company as stated shall not be liable for any damage whatsoever, including but not limited to any damage arising from your use of the site, site content, content available through use of the site, user content and services.
The User is aware and agrees that they are solely responsible for all decisions or actions taken or made by them as a result of and/or in connection with any use of the Website, the Website's content, content available through the use of user content and the Services (including, with respect to buy and sell transactions, recurring orders, custody services and the conversion calculator, etc.).
The User agrees and acknowledges that certain services may be subject to obligations under various laws. The Services are intended to help the User obtain general information and a basic understanding regarding such information. However, the Company has and will have no responsibility for the User's compliance with the legal (and/or contractual) requirements applicable to the User, and the User hereby agrees that they alone bear full responsibility for meeting these requirements, and the User further acknowledges that the Company is not subject to these requirements, directly or indirectly.
The user agrees and confirms that the site and/or services may include advertising content from third parties from time to time. This advertising content is the sole responsibility of the advertiser, and the company shall have no liability in this regard. The user also agrees and confirms that the company has no obligation or ability to verify the data presented in this advertising content.
The user confirms that they know the site (with all its content) does not provide, and none of the services and/or company actions shall be regarded as providing, advice regarding the advisability of investing, holding, buying or selling virtual currencies and/or any financial or other asset whose value is derived from such currencies.
The user confirms that they know the company and/or anyone on its behalf are not licensed and do not engage in providing investment advisory services as defined in the Regulation of Engagement in Investment Advice, Investment Marketing, and Portfolio Management Law, 1995.
The company does not recommend that the user purchase and/or sell and/or perform any other transaction in virtual currencies in general, and/or of any type, at any price and/or via any platform in particular. The company may pass such information to the user, and the user agrees that any decision to buy, sell or perform another transaction in virtual currencies will be made by them independently and at their own responsibility. Without derogating from the generality of the foregoing, the user agrees and confirms that in using the site and/or services they are aware and agree that they are solely responsible for all decisions or actions (including, without derogating from the generality of the foregoing, decisions regarding the purchase and/or sale of virtual currencies) they make as a result of or in connection with any use of the site and/or services, and they release the company from all liability for any such decision.
Risks Involved in Purchasing and Holding Virtual Currencies:
The user understands that purchasing virtual currencies involves significant risks, as detailed below, and if they decide to purchase virtual currencies, they acknowledge these risks, knowingly accept them, and will have no claim against the company or any of its representatives in this regard.
The purchase of virtual currencies is subject to liquidity limitations. When virtual currencies are issued, a market does not always exist for them, and such a market may fail to develop or may shrink rapidly. Purchasing virtual currencies is an activity suitable only for sophisticated and experienced investors, who are financially able to hold the virtual currencies for an unlimited period and who can afford to lose the entire investment amount.
The purchase of virtual currencies is a highly volatile and speculative activity, and is considered to carry a very high level of risk. The value of virtual currencies may change at any moment. The User understands and hereby accepts the risks involved with virtual currencies, including, without limiting the generality of the foregoing, risks related to: (a) decentralization of virtual currencies; (b) money laundering; (c) fraud; (d) high volatility; (e) anonymity of transactions; (f) exploitation for illegal purposes; (g) theft; (h) instability and other flaws of virtual currency trading or of virtual currency providers or traders; (i) limited regulation regarding virtual currencies as of this time; and (j) software security, information and system risks.
The user hereby understands and accepts that the software, hardware and technology, as well as the technical and theoretical concepts on which virtual currencies are based, are still in development stages, and there is no guarantee that the technology will be free of disruptions or errors. There is an inherent risk that the technology will contain weaknesses, vulnerabilities or bugs that may cause, among other things, complete loss of the virtual currencies and the entire investment amount.
Unlike other currencies issued by a central bank, there is no central bank that can employ measures to protect the value of virtual currencies or issue additional virtual currencies in the event of a crisis. The user hereby understands and accepts that the blockchain technology on which most virtual currencies are based enables new types of interaction, and that it is possible that in the future various countries will impose regulation on this technology and on virtual currencies in a manner that will harm their value or the ability to convert them into regular currencies.
Access to virtual currencies is usually done via a private key corresponding to the address where they are stored. The user hereby understands and accepts that if the private key, or the "seed" used to create the address and the corresponding private key, is lost or stolen, the virtual currencies purchased by the user, associated with the user's address, may be unrecoverable and will be permanently lost.
The user understands and hereby accepts that the software applications and software platform of virtual currencies, the internet, the blockchain network, the user, as well as other involved software, technological components and/or platforms dealing with virtual currencies, may be exposed to attacks by hackers or other individuals or entities that could result in the theft or loss of virtual currencies and the entire investment amount.
The user understands and hereby accepts that public blockchain-based systems depend on independent verification, and therefore may be exposed to consensus attacks. Every such attack carries risks to such a system, to the correct performance and sequence of virtual currency transactions, and to the correct performance and sequence of software computations, all of which may cause loss of the virtual currencies or the value embodied in them.
The user understands and hereby accepts that the networks on which virtual currencies exist use a built-in decentralized governance system. For this reason, it is possible that the governance system will adopt proposals that have a negative impact on the functioning of these networks and/or on the value of the relevant virtual currencies. Trading in virtual currencies is subject to "bubbles" of irrationality or loss of confidence, which may lead to a collapse of the relationship between supply and demand. Loss of confidence may also stem from technical malfunctions. If the governance system is attacked, or becomes controlled, directly or indirectly, by any party making unwise decisions, or if the community in most cases makes unwise decisions, the value of the virtual currencies may decrease and even be reduced to nothing.
The user understands and hereby accepts that virtual currencies are an innovative instrument. Laws applicable to virtual currencies and transactions in them, as well as to the Services, may change without prior notice. Different laws may apply in connection with different currencies. Different laws may apply in different countries.
The user is aware that as of this date, the company does not hold any licenses. The user hereby waives, with respect to the company, any claim that the site and/or the Services require any license.
The site offers registration for paid courses offered by the company. Please note that these courses may be subject to separate terms of use, which will be brought to your attention by the company prior to your registration for the course. It should be emphasized that in the event of a conflict between these terms and specific terms of use for courses, the specific terms of use will prevail. For the avoidance of doubt, the company is not responsible for and does not warrant the quality of the courses, the quality of the instructor, the suitability of the courses for your needs, and does not provide any warranty or other representation regarding such courses.
3. Minors
In order to use the site and/or the Services, you must be over 18 years of age. The company reserves the right to require users to prove their age at any time, in order to ensure that minors under 18 do not use the site and/or the Services. If the company becomes aware that a person under 18 is using the site and/or the Services, the company reserves the right to prohibit and prevent them from entering the site and/or using the Services, and will make every effort to delete any personal information about them (as this term is defined in the Privacy Policy).
4. Service Registration and User Account
In order to use some of the services on the site, the user must create a user account. The user account will include all information that the user provides or is asked to provide to the company via the registration form appearing on the site (hereinafter: "Account"). To the extent the user transmits such information, they thereby grant the company the right to use it for the purpose of providing the service. Registration and account creation by users is free of charge. Further information regarding registration and information collected as a result of registration and account creation can be found in the Privacy Policy.
You must provide complete, accurate and correct information in order to create an account, and you hereby agree that you will not misrepresent your identity or any other detail in your account.
You are solely and fully responsible for maintaining the confidentiality of your password, username and account, and for all activity that occurs under your password or within your account. If the company believes, in good faith, that you have created an account using another person's identification details, you thereby expose yourself to criminal and/or civil liability.
You may not transfer or assign your rights or delegate your obligations under the account, without the company's prior written consent. You must immediately report to the company any unauthorized use of your password or account, including in connection with any security breach. The company will not be responsible for any loss or damage caused as a result of your inability to comply with these terms or from unauthorized use of your password or account, or due to a security breach. In such cases, you may be liable for damages caused to the company and/or others.
If you wish to change or recover a password, you can do so by changing your account settings. To delete the account, you may contact us by email at the following address: info@tinq.co.il. Account cancellation will be carried out within a reasonable time after your request, and from the moment of cancellation you will no longer be able to log into the account or view the data in the account.
Please note: deleting the account may result in the loss of content and data (including access to course recordings) and the company will bear no responsibility for such loss.
5. User Commitment
As a condition for your use of the site and/or the Services, you represent and undertake to the company that:
- You will not violate the terms of this agreement; and
- You have the legal capacity to enter into this agreement and to fulfill your obligations under this agreement to the best of your ability; and
- In performing this agreement you are not violating an agreement you are legally bound by towards a third party; and
- Every action you take within your use of the Services will be done in accordance with applicable law; and
- You will not use the content available on the site for purposes other than those detailed below.
6. Prohibited Uses
There are certain behaviors that are strictly prohibited in the use of the site and/or the Services. Please read the prohibitions below carefully. Your failure to comply with the instructions detailed below may (at the company's sole discretion) result in termination of your access to the site and/or the Services and may also expose you to civil and/or criminal liability.
You may not (whether by yourself or through someone acting on your behalf): (i) copy, modify, adapt, translate, reverse engineer, decompile, disassemble, publicly display, distribute or transmit, in any way, the Website and/or the content appearing on it; (ii) make any use of the Website's content for any purpose, or duplicate or copy such content without receiving prior written permission from the Company; (iii) create a browser environment or other framing of the information around the Company's content (framing of the information is prohibited); (iv) harm or infringe the privacy or any other right of another user, and/or collect identifying and personal information about users without obtaining their explicit consent, including by using a "robot", "spider", an application for conducting searches on the Website or parts of it including its databases, or for retrieving information from the Website or parts of it including its databases, or by manual or automatic means or by any process that enables retrieval, indexing or data mining; (v) defame, libel, abuse, stalk, harass, threaten, or otherwise infringe the legal rights of others, including other users; (vi) transmit or otherwise create, in connection with the Website, any virus, "worm", Trojan horse, bug, spyware, malware, or any other computer code, file or program that may harm, or is intended to harm, the operation of any hardware, software or communications equipment, or any code or component that is harmful, has the potential to cause damage, or is disruptive or invasive; (vii) harm the operation of the Website and/or the Services, delay or interfere with them, or delay or harm the operation of, or interfere with the operation of, servers or networks that host the Website or enable its availability, or fail to comply with any requirement, procedure, policy or regulation of such servers or networks; (viii) sell, license, or exploit for any commercial purpose any use of or access to the Services and/or the Website without the Company's explicit consent, including use of the content appearing on them; (ix) frame or mirror any part of the Website without prior explicit written permission from the Company; (x) create a database by systematically downloading and storing all or part of the content appearing on the Website and/or the Services; (xi) transfer any information derived from the Website without receiving prior written permission from the Company; (xii) transfer or assign the password to the user account, even temporarily, to a third party; (xiii) use the Website and/or the Website's content and/or user content and/or the Services for any purpose that is unlawful, immoral or unauthorized; (xiv) make commercial use of the Website's content without receiving explicit prior written permission from the Company; and/or (xv) breach any of these terms.
7. Intellectual Property Rights
The site, the site's content, the Services, and all intellectual property rights attached and related to them (except for user content, as this term is defined below), including patents and patent applications, trademarks and trademark applications, trade names, goodwill, copyrights, trade secrets, whether registered or registrable or not (hereinafter collectively: "Intellectual Property") are owned by the company and/or licensed to the company and are protected by intellectual property rights under the laws of the State of Israel and other laws. Unless explicitly permitted in these terms, you may not copy, distribute, display, publicly perform, make available to the public, disassemble, separate, adapt, sublicense, make commercial use of, sell, rent, lend, process, compile, reverse engineer, integrate with other software, translate, modify or create derivative works of the Intellectual Property, yourself or through anyone on your behalf, in any manner whatsoever.
You are prohibited from removing, separating, deleting or disconnecting from the site's content and other content you receive from the company, notices of copyright, restrictions of any kind and/or marks indicating the existence of any proprietary rights of the company or the company's licensors, including the following marks which may appear in output or in the site's content and other content you receive from the company: ©, ®, ™. You undertake to comply with the laws applicable in these contexts.
If you provide the company with any feedback, comment or suggestion regarding the site and/or the Services (hereinafter: "Feedback"), the company will be entitled to receive an exclusive, royalty-free, perpetual, worldwide and irrevocable license to incorporate the Feedback into any of the company's current or future products and services, and the company will be entitled to use the Feedback for any purpose whatsoever, without obtaining your approval and without granting you any consideration whatsoever. You acknowledge that such Feedback will be considered non-confidential. You further represent that the Feedback is not subject to any license terms that would obligate the company to comply with additional obligations regarding its products and/or services that include or incorporate the Feedback.
8. Trademarks and Trade Names
"TINQ", the trademarks and other proprietary identifiers used by the company in connection with the site and/or the Services (hereinafter: "the Company's Trademarks") are all trademarks and/or trade names of the company, whether registered or not. All other trademarks, trade names, other identifying marks and other trademarks (including various types of logos) that may appear on the site and/or the Services belong to their owners (hereinafter: "Third-Party Trademarks"). All third-party trademarks appear on the site and/or the Services for display, description and identification purposes only and belong to their owners. No right, license or property is hereby granted in the company's trademarks or in third-party trademarks, and therefore you must refrain from any use of these marks unless such use is explicitly permitted in the terms.
9. Links to Third-Party Sites and/or Reliance on Them
The company encourages links to any page on the site. You may create a link to the site (such as a hypertext link) provided that the link does not indicate or imply any connection, sponsorship or approval of your website, products or services by the company; and that this action does not present the company in a false, offensive, or inaccurate manner. You may not create a link to the site through a website or service that you do not own or are not permitted to use. By creating a link to the site, you undertake and represent that your site or service does not contain content that is unlawful, offensive or infringes third-party rights. The following actions - framing, deep linking, and inline linking - are strictly prohibited.
The site may contain links to websites, sources or services of third parties (including Facebook, Twitter, LinkedIn and others). These links are offered for your convenience only. You acknowledge that the company has no control over them, and you acknowledge that the company is not and will not be responsible for their availability and that the company does not endorse and will not be responsible for the content, services, products or advertisements offered on them or available through them, and any link contained in them. Additionally, the company is not responsible for the privacy policy of these third-party websites, sources or services, and/or for any other practices practiced by these third parties. Your entry, use and reliance on these and your interactions with these third parties are your responsibility, and you bear sole responsibility for expenses related thereto. The company reserves the right to delete any link at any time.
You agree and acknowledge that the company will not be responsible for any damage caused, or allegedly caused, in connection with or as a result of using content, services, products or advertisements available on third-party websites, sources or services. Most third-party websites, sources or services contain legal documents, including terms of use and privacy and data collection policies, and the company recommends that you carefully read those documents before using them (among other things, to know what types of information are collected about you).
Without derogating from the above, you agree and confirm that the site may include information, and be based on information, from third parties (such as conversion rates, as defined below). You acknowledge and agree that the company is not responsible for this information and its accuracy. The company and/or anyone on its behalf will not be responsible, and will not bear, either directly or indirectly, any direct, indirect, consequential or special damage, financial or otherwise, caused to the user and/or any third party due to or as a result of using or relying on such information and/or a service that appears on the site and/or on a third-party site, including loss of income and/or loss of profit caused for any reason whatsoever. Without derogating from the above, and particularly with respect to the conversion rates published on the site and/or the conversion rates on which the conversion calculator is based (hereinafter: "the Conversion Rates") - these conversion rates are taken from the site: https://www.coingecko.com/. The company has, and will have, no responsibility whatsoever for the accuracy and/or currency of the rates. You agree and acknowledge that these conversion rates cannot be relied upon for any purpose, including trading purposes, and these conversion rates do not guarantee that there is a conversion rate or that one can buy or sell at the conversion rates and/or at any rate at all. Additionally, you agree and acknowledge that the conversion rates may actually differ from those published by the company on the site, or on which the conversion calculator is based, and these conversion rates may change at any time due to market fluctuations. You agree and confirm that the publication of the conversion rates and/or your use of the conversion calculator based on the conversion rates does not constitute any kind of advice by the company in connection with these conversion rates. The company may change the source of the conversion rates at any time.
10. Privacy Policy
The company respects your privacy and is committed to protecting the personal information you share with the company. The company believes that its users have the full right to know our policies and procedures regarding the collection and use of information received by it while its users use the site and/or the Services. The company's Privacy Policy, procedures, and types of information collected by the company are described in the Privacy Policy. You agree and confirm that the company will use personal information you have transmitted and/or made accessible to the company in accordance with the Privacy Policy. If you intend to enter and/or log in and/or use the site and/or the Services, you must first read and agree to the Privacy Policy.
11. Fees, Payments and Payment Methods
Some of the services on the site may involve fees and payments, as detailed on the fees page of the site and as displayed to the user when performing the action. The company may update the fee structure and payment terms from time to time, subject to legal requirements and relevant agreements.
Payments, if any, may be made using the payment methods supported by the platform, as detailed on the site from time to time. Details of payment methods, terms of execution, cancellation and refunds will be detailed on the site and in the agreements.
[Note: The fee, payment, cancellation and refund terms specific to the trading platform require drafting and completion by legal counsel before publication.]
12. User Content
The site may allow users to upload, publish and share works that may be protected by copyright, including designs, animations, literary works, texts, illustrations, images, brand names, video clips, presentations and any other proprietary information (hereinafter: "User Content"). Please ensure that your use of the site and services respects the proprietary rights (including intellectual property rights and the right to privacy) of User Content owners. The company will not be liable for any damage, loss, cost or expense that may be caused to you as a result of uploading User Content or in connection with such uploading, or from using User Content uploaded by others or in connection with their uploading. You also undertake not to take any action that may constitute an infringement of copyright and/or other intellectual property rights in our content or in the User Content of others.
You agree and confirm that you bear sole responsibility for User Content you upload through use of the Services and for the consequences of the use of this content by the company and by other users and/or third parties.
When you upload User Content through use of the Services, you must ensure that this User Content is lawful. Among other things, and by way of example only, the following User Content may not be uploaded or displayed through use of the Services:
- Any content that harms or infringes the proprietary rights of others - including copyrights and trademarks;
- Any content that creates a risk to a person's safety, security or health;
- Any content that personally identifies other people, without their consent to publication of their identity, or any content relating to minors that identifies them, their personal details or their address and contact information (provided that this information was provided or its publication was approved by the party legally authorized to upload such content);
- Any unlawful content, including content constituting defamation, or infringing a person's privacy or good name;
- Any content that depicts minors in a sexual manner;
- Any content of a harassing, offensive, hostile, threatening or vulgar nature;
- Any content that contains or encourages racism, or improper discrimination based on race, origin, skin color, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, belief, political opinion, or socio-economic status;
- Any content that encourages the commission of a criminal offense or may form the basis for a claim or civil liability;
- Any content that promotes commercial messages or advertisements prohibited by law or anything else prohibited by law or these terms of use;
- Any content that falsely expresses or implies that such content is sponsored by the company or promoted by the company, or that involves malice or fraud in any other respect.
In addition to the above, and for the avoidance of doubt, the "Prohibited Uses" detailed above, in Section 7, shall also apply, mutatis mutandis, to User Content of others, to the extent uploaded or displayed to you within the Services.
The company has no obligation to review, modify or monitor User Content. However, the company may (but is not obligated to) refuse to display User Content through the site and/or the site-building service, or modify or immediately delete at any time any User Content uploaded by you if you violate the terms or commit an act or omission that harms or may harm the Services, users of the site and Services, the company or those on its behalf, or for any other reason at the company's full discretion. In this case, the company may also prevent you from uploading and displaying additional content through the site and/or the site-building service. The provisions of this section add to the company's rights under any law and do not obligate it to monitor User Content (see also "Notice and Takedown Procedure" below).
The company may create restrictions on use of the site and/or the Services, including restrictions on the size and storage volume available for User Content.
You are solely responsible for backing up, at your own expense, the User Content you upload to the site. The company will not bear any responsibility for damages that may be caused to you as a result of loss of User Content.
You agree that you are solely responsible for the User Content you upload to the site and for the consequences of uploading it. The company will not bear any responsibility for use by third parties (including users) of the User Content you have uploaded, including if a third party infringes your intellectual property rights in the User Content displayed on the site.
It is the user's responsibility to obtain all consents required under any applicable law regarding personal information of third parties included in the User Content that the user intends to upload within the Services, and to comply with all legal requirements applicable in connection with such content. The company is not responsible for any such use and will not bear any responsibility in this regard.
The company will not be responsible for any damage or expense caused to users as a result of uploading User Content to the site.
If you believe that User Content is offensive, misleading, inaccurate, unlawful or does not comply with the provisions of these terms, please act in accordance with the instructions appearing under the heading "Notice and Takedown Procedure" below.
13. Rights in User Content
When you upload User Content through use of the site, you represent and confirm that you own all intellectual property rights in it or that you have obtained (and will continue to hold) all necessary licenses, rights, and consents from the owners of the User Content. You also represent that the User Content does not infringe any rights of any third party, including but not limited to intellectual property rights and the right to privacy. You hereby explicitly waive any moral right you may have in the User Content.
The company does not receive ownership of the intellectual property rights in the User Content. However, by uploading the User Content, you grant the company a free license to use, copy, distribute, prepare derivative works, and publicly perform the User Content, including making it possible to include this content on the site for use by other users. You agree and confirm that the User Content will be considered non-confidential information.
14. Disclaimer
To the maximum extent permitted by law, the site and the Services (including the site's content) are provided to users "AS IS," without any warranty of any kind whatsoever, express or implied, including, among other things, warranty of title or non-infringement or implied warranty of merchantability or fitness for a particular purpose. The company is not responsible for and does not make representations regarding the ability or inability to use the site and/or the Services, or regarding the result of using them, and will not bear any responsibility regarding the accuracy, quality, availability, reliability, completeness, suitability, usefulness and effectiveness of the content included in them.
The company does not warrant (a) that the site and the Services will be safe to use, accurate, complete, free of malfunctions or interruptions, or free of any viruses, defects, worms, other harmful components or other software limitations; and (b) that it will fix any malfunction or defect on the site.
The company does not, expressly or implicitly, recommend, endorse or bear any responsibility whatsoever for damage and expense arising from use of the site and/or the Services (including the site's content and User Content). The company will not be liable for any damage whatsoever, including indirect, special, incidental or consequential damage, whether caused as a result of or in connection with the use of the site and/or these Services, whether or not the company notified the user of the possibility of such damage.
The company does not warrant that use of the site and/or the Services will be secure, accurate, complete, free of interruptions, free of malfunctions, or free of viruses or harmful components or other functional limitations.
The company has no responsibility for any service provided by a person or entity other than the company (including, as mentioned, hosting services provided by third parties as noted above).
The company will not be responsible for any consequence arising from technical malfunctions (including but not limited to internet connectivity, line or server overload, and related delays and disruptions) arising from internet and telecommunications providers.
Please note: you are aware and agree that you are solely responsible for all decisions or actions taken by you as a result of or in connection with any use of the site and/or the Services. Use of the site, the Services and/or the site's content, and/or User Content is your sole responsibility.
The company is not responsible for the nature or quality of the User Content offered on the site, or that it is accurate and free of errors.
The company does not, expressly or implicitly, recommend, endorse or bear any responsibility whatsoever for use of User Content available through use of the site or for damage and expense arising from use of the site and/or the Services and/or User Content. The company will not be liable for any damage whatsoever, including indirect, special, incidental or consequential damage, whether caused as a result of or in connection with use of the site and/or the Services and/or User Content, whether or not the company notified the user of the possibility of such damage.
You are solely responsible for backing up, at your own expense, the User Content you upload to the site. The company will not bear any responsibility for damages that may be caused to you as a result of loss of User Content.
15. Limitation of Liability
To the maximum extent permitted by law, the company (including its shareholders, directors, employees, advisors and agents) shall not be liable for any damages of any kind, including indirect, special, incidental or consequential damages, whether in an action based on contract, tort claim or any other claim for a wrongful act arising from your use of the site and/or the Services, the content appearing on them, including User Content, or in connection with a decision made or not made or any action taken or not taken in reliance on the site and/or the Services or any other information arising from their use, or any other damage arising from their use, from the inability to use them, their inability to operate as presented to you, harm to goodwill or profits, the company's inability to act in accordance with these terms, any other act or omission of the company based on a breach of representations or undertakings of the company under contract, negligence, strict liability or other tort, whether or not the company notified you of the possibility that such damage might occur.
16. Indemnification
You agree to defend and indemnify the company against and from any claims, losses, costs, damages, liabilities and expenses (including, among other things, attorneys' fees) arising from: (a) your use of the site and/or the Services not in accordance with these terms; (b) any breach by you of these terms; (c) any damage of any kind, whether direct, indirect, special or consequential, that you caused to a third party related to your use of the site and/or the Services (including your breach of third-party rights including intellectual property rights and the right to privacy); (d) any claim for monetary or other compensation arising from damage caused to another user as a result of your use of the site and/or the Services; and (e) User Content uploaded by you within the Services. It is clarified that this indemnification obligation shall apply even after the termination of your engagement with the company.
Without derogating from the generality of the above, the company reserves the exclusive right to manage any matter related to your indemnification, in a manner that does not derogate from this obligation of yours, and which requires you to fully cooperate with us in managing a defense proceeding. You agree not to agree to a settlement in any matter subject to indemnification by you without first obtaining our written consent to do so.
17. Changes to the Site and/or the Services
The company reserves the right to make corrections, expansions, improvements, adaptations and any other change without prior notice and at any time it deems fit at its sole discretion. The company also reserves the right to discontinue, temporarily or permanently, the operation of the site and/or the Services immediately and without the need to give prior notice, unless otherwise agreed in a separate agreement regarding certain services, except if taking such action is required by law. You agree that the company is not liable to you or to any third party for any change, suspension, or discontinuation of the operation of the site and/or the Services.
18. Notice and Takedown Procedure
The company may, but is not obligated to, review User Content before and after it is uploaded, published or displayed within the Services, prevent the uploading of User Content that is inappropriate, unsuitable or incorrect, or remove it after it has been uploaded, published or displayed. The company does not routinely exercise the right to monitor User Content in advance, and does so only in exceptional cases.
User Content submitted for publication by users does not express the company's opinion or position, and its publication does not guarantee its validity, reliability, accuracy or legality.
If content and/or works owned by you are displayed on the site and, in your opinion, infringe your intellectual property rights, including your copyrights and/or violate your privacy and/or are offensive and/or inappropriate and/or constitute defamation and/or contain pornography, you are invited to contact the company with a request to remove them (at the following email address: info@tinq.co.il ) with an exact reference to the infringing content, detailing your claims and attaching evidence that it is indeed infringing, as well as contact details, including email, name and identifying details. If the content is found to be infringing, it will be removed as soon as possible and an email notification will be sent to you regarding this. As noted above, since the company does not monitor content uploaded to the site by users, the company cannot know that infringing content has been published without you contacting us. The company will not be responsible for infringing content as stated in this section.
19. Availability of the Site and Services
The availability and functionality of the Website and/or the Services may depend on many factors, including software, hardware, communication networks, service providers or contractors of the Company or other third parties (including those providing cloud storage services). The Company will make reasonable efforts to ensure that the Website and these Services are available on a continuous basis. However, the Company will not be liable, and does not promise or undertake, that the Website and the Services will operate and/or be available at all times without disruptions or malfunctions, and that they will be free of defects. You hereby agree that the Company will not be liable for the Website's inability to operate or be accessible, for any reason whatsoever; including interruptions in internet or network activity, interruptions in hardware or software operation due to technical or other problems beyond our control (such as frustration of purpose, force majeure, negligence of third parties), and more. Should maintenance of the Website and Services be required, causing them to be unavailable for a period of time, the Company will endeavor to notify users of this in advance, where possible.
20. Changes to the Terms of Use
The company reserves the right to change the Terms of Use at any time at the company's sole discretion, and asks all users to return and visit this page as often as possible. The company will notify you of any material change to the Terms of Use, by replacing the "Terms of Use" link on the site's homepage with a link named "Terms of Use updated as of ____" and/or by sending an email to the address you may have provided to the company while using the site. These material changes will take effect within seven (7) days from the date of such notice. All other changes to the Terms of Use will take effect on the date stated in the "Last updated" link, and your continued use of the site after the last stated update date will constitute your consent that the changes are binding on you. If the company needs to change the terms in order to comply with legal requirements, these changes will take effect immediately or as required by law, without prior notice.
21. Discontinuation of the Site and/or Services and Termination of the Terms
The terms will remain in effect until cancelled as detailed in this document.
The company may, at any time, block your access to the site and/or the Services, temporarily or permanently, suspend, or delete your user account, at the company's sole discretion, for any reason whatsoever, including if the company believes that one or more of the following cases has occurred: (a) payment for paid services was not made, to the extent payment is required; (b) there is a risk to the security or reliability of the company's network or servers and/or third-party servers; (c) suspension or cancellation is necessary to protect the rights, property or security of the company, its users or the public; (d) there is a basis for cancelling your account; (e) you violated the Terms of Use; and/or (f) the company is required to do so by law. During the suspension, you will not be able to log into or use your account. If it is determined, at the company's sole discretion, that the reason for the suspension has been resolved, the company will restore your access to your account.
The company shall also have any other remedy available under law, if the company identifies that your activity or use of the site and/or the Services constitutes a violation of the terms in any way.
If you do not agree to the terms (as they are updated from time to time), or are not satisfied with any of the Services, you may terminate the terms at any time by discontinuing use of the site and the Services. Cancellation of the terms will be the sole remedy available to you in such circumstances.
In addition, the Company may, at any time and at its sole discretion, discontinue the operation of the Website and/or the Services, temporarily or permanently, immediately and without the need for prior notice, unless otherwise agreed in a separate agreement regarding certain services, except where taking such action is required by law. You hereby acknowledge and agree that the Company will not be liable for any loss of information and/or damages arising from or related to its decision to discontinue or suspend the operation of the Website and/or the Services.
In the event these Terms are terminated by you or by the Company: (a) you must immediately cease using the Website and all other Services; and (b) the provisions which, by their nature and character, survive the termination of these Terms in order to achieve their purposes will remain in effect. Without derogating from the generality of the foregoing, the terms of use regarding the following sections: intellectual property rights, disclaimer, limitation of liability, indemnification, and the provisions appearing in the "General" section, will remain in effect even after termination of these Terms.
22. General
These terms constitute the entire terms and provisions agreed between you and the company regarding the subject matter appearing in these terms, and they supersede all other agreements or understandings, prior or contemporaneous, written or oral, between you and the company. These terms do not create and shall not be construed as creating a partnership, joint venture, employer-employee relationship, agency relationship, or franchisor-franchisee relationship between the parties to these terms. Any claim relating to the site and/or the Services or their use shall be subject to the laws of the State of Israel, and shall be interpreted according to these laws (without giving effect to the international conflict of law rules contained therein). Any dispute arising from or related to your use of the site and/or the other Services shall be brought for discussion before the competent courts in Be'er Sheva, Israel, and you hereby agree to the exclusive and local jurisdiction of these courts. In the event it is determined that any provision of these terms is unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from these terms, and such provision shall not affect the validity and enforceability of any of the remaining provisions of these terms. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under these terms without prior explicit written consent from the company; the company may take these actions without any restriction or obligation to notify. No waiver by either party of any breach or default under these terms shall be deemed a waiver of any prior or subsequent breach or default. Any section heading or other heading included in these terms is incorporated for reference convenience only, and such heading does not define or explain, in any way, any section or provision included in these terms. Notices may be served to you by email or regular mail. The company may also serve notices of changes to these terms or other matters by displaying such notices or by providing a link to such notices. You agree, without limitation, that a printed version of these terms and of any notice given electronically shall be admissible evidence in judicial or administrative proceedings based upon or relating to these terms, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree and confirm that any cause of action you may have, arising from the site and Services and/or related to them, shall be available to you for one year from the date the event occurred. After this period, it is hereby agreed between the parties that this cause of action shall be time-barred.
23. Questions
If you have any further questions or comments regarding the terms, you are welcome to contact us by email at: info@tinq.co.il and the company will make every effort to get back to you within a reasonable time.