Welcome to the website https://www.yazam.app (as follows: “the website”), operated by Simba SM Group Ltd., Company No. 517099057 (as follows: “website operator”).

These terms of use (as follows: “the terms” and/or “Terms of Use”) define the rights and obligations when using the website. Please read these terms carefully, as they constitute a binding agreement between you and the website operator.

Use of the services indicates your agreement to these terms.

These terms apply to the use of the site and its included services through any communication device (such as mobile phone, handheld computer, etc.). They also apply to the use of the site, whether through the Internet or through any other network or means of communication.

1. General

1. Subject to the Terms of Use, the term “user” means any person who makes use of this website in any way or form (as follows: “the user”).

2. If you do not agree to any of the Terms of Use, you are requested not to make any use of the website.

3. The provisions of the Terms of Use supersede anything stated on the website.

4. These terms shall be binding and operate for the benefit of the parties, their representatives, heirs, and any other authorized representative thereof.

5. The user commits to use the website subject to the Terms of Use and declares that they know that the website and everything presented in it does not constitute a substitute for consultation in any field.

6. The website operator reserves the right to change the Terms of Use of the website without prior notice to users, and this shall not detract from the validity and applicability of the Terms of Use.

7. Chapter headings are provided for convenience and orientation only and shall not be used in interpreting the Terms of Use.

8. The website offers a decision support tool for building business plans and feasibility testing for ventures (as follows: “the app”).

9. The app is recognized and approved by the Tax Authority according to bookkeeping regulations.

2. Limitation of Liability by Site Operator

1. The website operator shall not be liable for business actions of the user that were caused and/or will be caused to the user and/or third party due to the content displayed on the site and/or services provided on the site.

2. The website and everything displayed on it are provided for use without warranty of any kind, express or implied.

3. All content displayed on the website does not constitute a substitute for consultation in any field or subject presented on the website.

4. The website operator shall not be liable for the website’s suitability to the user’s needs, nor for the inability to use the services through the website, as detailed above.

5. The user hereby declares that they release the website operator from any liability, directly or indirectly, for any case where transactions and/or browsing on the website are not executed, in part or in full, for any reason, and from liability for any technical or other problem affecting the ability to use the website.

6. The website operator reviews the content it uploads to the website and makes every effort to maintain their quality and the quality of content appearing in them. However, the website operator cannot guarantee that all content will fully meet or fully satisfy the user’s expectations, and/or that there will be no errors (either technical or regarding the displayed content), and/or that they will absolutely match every user’s values. Therefore, the website operator and/or anyone on its behalf shall not be liable, and shall not bear, directly or indirectly, any direct, indirect, consequential or special damage, financial or otherwise, caused to the user/purchaser or any third party due to or as a result of viewing and/or relying on content appearing on the website, including loss of income and/or prevention of profit caused for any reason.

7. The website operator does not guarantee that the service provided on the website will not be interrupted, will be provided orderly without interruptions and disruptions and/or will be immune from illegal access to the website’s computers, damages, malfunctions, failures in hardware, software or communication lines at the website or any of its suppliers or will be harmed for any other reason, and will not be liable for any direct or indirect damage, mental anguish and the like caused to the user or their property as a result, including damage due to tax authority audit following a temporary malfunction, or changes required by the tax authority which are not yet supported in the app.

8. The website operator will not be responsible for direct mailing via email and/or SMS and/or any other means that will be available in the app regarding system uses.

9. The website operator shall not bear any responsibility regarding the distribution of email and/or SMS of the type “spam mail” as defined in Amendment 40 to the Communications Law (Telecommunications and Broadcasting) (Amendment No. 40), 2008 which was performed from the user to their customers.

10. If damage is caused to the website operator related to the distribution of “spam mail” of any kind as a result of any use of the system by the user directly and/or indirectly, whether technically and/or legally and judicially, the user undertakes to bear full responsibility for the damage, and accordingly to indemnify and compensate the website operator for the damage caused.

11. The website operator shall not bear responsibility for any content and/or information and/or output of any kind resulting from the use of the app and website; use of the website shall therefore be at the sole and full responsibility of the user.

12. Without prejudice to all of the above, the website operator shall not be liable for any damage amount exceeding the price of services that were ordered and paid for up to that time by the user.

3. About the System

1. The app is internet-based, a business decision support tool app, business plan building and business feasibility testing.

2. The app has several options: business feasibility testing, building financial forecasts and additional features.

3. Through quick registration including entering details such as: full name, business name, address, email, type of business (exempt dealer/authorized dealer/company) + VAT number / company number, it will be possible to connect to the app.

It is clarified that people who do not currently have an active business will also be able to use the app’s services and will fill in only personal details: full name, email, phone, address for issuing a tax invoice as required by law.

4. It should be emphasized that the user’s data information in the system (data which the user enters) is and/or will be stored in the app. The website operator makes and will make the best efforts and take necessary measures to secure information on the website, but the website operator is not responsible in case of data leakage and/or breach and/or any damage and/or loss and/or expense and/or costs incurred to the user and/or any third party as a result thereof and the website operator has and will have no responsibility regarding data leakage and/or data breach and/or information security of these data.

5. Payment for services is a one-time payment, the payment can be canceled if the user has not performed any action in the system, and this up to 14 business days. Upon notice to the website operator, the cancellation of the transaction will take effect at the end of the month in which the notice was given.

6. If the engagement is terminated, the website operator will keep the information for 7 years, according to the bookkeeping regulations.

7. The prices of services in the app will be detailed on the website and/or delivered by phone according to the user’s needs.

8. The user declares that they are given only the right to use the app services on the website.

9. The website operator will do everything in its power to provide available, proper and continuous services, however, there may be malfunctions that are not under the control of the website operator and/or the website operator may make improvements and maintenance, these improvements will apply automatically without giving notice and/or requiring approval from the user, as a result the app may not be available (for a reasonable time) and this will not constitute grounds for compensation and/or indemnification and/or transaction cancellation and the website operator will not be responsible for any indirect and/or direct damage as a result.

10. The website operator may cancel a transaction if there was a clerical error on the site regarding the description of a content item and/or its price, or if it was found that the action was accompanied by illegal activity, or activity contrary to these terms, by the user and/or third party.

11. The website operator may and reserves the exclusive right to change the app from time to time, including changes in design, interfaces, scope, access, availability of services and any other aspect related to the app and how to use the app. All this without commitment from the website operator to give advance notice.

12. The determining service prices are listed next to each service appearing on the website or the prices that were presented to the customer in writing, it is hereby clarified that the website operator will be entitled to update the prices of the tracks on the website from time to time and according to its sole discretion.

13. The user agrees not to make any illegal use of the website and any use contrary to the following terms.

14. A tax invoice/receipt for the transaction will be sent to the user at the email address provided. The customer should check the contents of the tax invoices received.

4. Threshold Conditions for Executing a Transaction and/or Purchase on the Site

1. In order to make a purchase on the website, you will need to provide details such as: full name, email, phone, etc.

2. The website system allows users convenient, easy and secure purchase of services offered by the site via the Internet.

3. Any user may participate in the purchase process of services and become a customer in the system subject to fulfilling the cumulative conditions detailed below:

4. The user can perform binding legal actions. If you are a minor (under 18) or are not entitled to perform legal actions without guardian approval, your use of the website will be viewed as if you received guardian approval for the transaction.

5. The user owns a valid international credit card, issued by one of the credit card companies.

6. Purchase on the website is via credit card and/or bank transfer or payment applications.

7. If the purchase was made by credit, the transaction will be executed after approval by the credit company.

8. Notwithstanding the above, the website operator reserves the right to set payment arrangements and/or other means of payment as it chooses at its sole discretion, including arrangements for payment by means other than credit card and/or bank transfer.

9. The website operator reserves the right to stop and/or change the payment methods on the website at its sole discretion and at any time as it sees fit.

10. The user hereby declares that the personal details they provide to the website or use within the framework of the website are correct, accurate, current and complete regarding their personal identity.

11. It is absolutely forbidden to use personal details of another person and/or impersonate another.

5. User Commitments

1. When uploading content to the website, the user bears full and exclusive responsibility for any consequence that will result from the publication.

2. The user declares that they own the property rights and copyright as defined in the Copyright Law, 2007 in all writing, images, logos and advertising on the documents transferred and/or on any other document that will be produced by the system for the user and in any other property right.

3. The user will be solely responsible for any damage resulting from violation of property rights whether of the website operator or of a third party and will compensate the website operator for any demand or claim filed against it in this matter.

4. The user commits and declares that they undertake not to misuse the app and/or forbidden publications and/or anything else which is forbidden by law.

6. Collaborations with Third Party Suppliers

1. As part of the service, the app may offer to integrate additional services as part of collaborations with third party suppliers and/or interfaces and integrations to third party suppliers as part of registration and operation of additional services, whether independently by the user and/or on their behalf, the user approves and agrees that their details (relevant) will be transferred to the third party supplier and stored with them, and therefore the website operator is not responsible for uses that will be made of the user’s information by a third party and all within the framework of the service terms that the third party provides to the user.

2. These services are provided by third party only and payment to those suppliers is collected by them only, the website operator will have no direct and/or indirect responsibility in connection with services provided by third party, the user must carefully read the terms of use, privacy policy and order terms of these third parties and ensure that they indeed understand the transaction terms, the user waives in advance any claim regarding services provided by third party against the website operator.

3. The additional services are not mandatory for use and are not part of the basic service that the website operator provides, the user has the option to accept or not accept the service terms and accordingly use or not use the services of one third party or another.

4. Disconnection and service termination from the website system is not related to disconnection from third party services, and if any disconnection is performed, it is the user’s responsibility to verify disconnection from those third-party suppliers according to the terms defined in their terms of use.

5. The purpose of collaborations is to facilitate the user’s work processes and provide additional complementary services at the sole discretion of the website operator and therefore the website operator and therefore may terminate collaborations as it sees fit, and the user waives any claim and/or lawsuit in changes or any result/loss that will be caused due to termination of collaboration with a third party supplier.

6. The user confirms that they know that a third party can change their engagement terms and/or privacy policy and/or price list, and the user waives any claim and/or lawsuit in changes or any result/loss that will be caused due to these actions against the website operator.

7. The user confirms that they know that a third party can terminate their services, in part and/or in full, and/or terminate the collaboration on their part, and the user waives any claim and/or lawsuit in changes or any result/loss that will be caused due to these actions against the website operator.

7. Transaction Cancellation and Service Termination

1. It shall be emphasized and clarified henceforth that the Consumer Protection Law does not apply because the site’s services are directed at business customers only.

2. Payment for services is a one-time payment, the payment can be canceled as long as no action has been performed in the system and this up to 14 business days from the transaction date, upon notice to the website operator, the cancellation of the transaction will take effect at the end of the month in which the notice was given.

3. The website operator may terminate the services provided to the purchaser absolutely or temporarily, or limit them, in any case where the user has not paid on time a payment they owe or if the website operator saw that there is reasonable concern that the purchaser will not meet the payments for the services and/or in case the user has violated the terms of engagement with them including provisions of these terms.

4. In any case where the service was cancelled and/or terminated, both by the user and by the website operator, the user waives any claim and/or demand from the website operator for any type of damage that will be caused to them as a result of service termination.

8. Customer Service

1. Phone service center hours of operation are as follows: Sunday – Thursday between hours:

10:00 to 18:00 by email at: info@yazam.app.

2. It is hereby clarified that there may be changes in the dates specified in these terms including in delivery dates, website operation hours and customer service center operation hours, all according to the sole discretion of the website operator.

9. Intellectual Property

1. All intellectual property rights in the content appearing on the website, including copyrights, distribution rights, trade secrets, trademarks and all intellectual property of any kind, which include among others the website design, images, graphic files, applications, computer code, text and/or any other material, except for materials uploaded by the user, belong to the website operator or to a third party who authorized the website to make use of it.

2. The mere entry to the website or purchase of content in it does not grant any license and/or right in the website content and/or part of it and/or website code and/or content.

3. It is forbidden to copy or duplicate in full or in part, publicly display, distribute, publicly perform, transfer to the public, modify, process or create derivative works, sell or rent any part of the above content, by any means and media, and/or publish and/or broadcast and/or publicly screen and/or publicly sound and/or create derivative works, and/or allocate and/or deliver as a license and/or make any commercial use in any part of the website and/or content, directly or indirectly, including by way of connection to other reception equipment (physical, wireless, or in any other way), and in any other way without written and advance consent from the website operator. Any use of the above content and trademarks appearing on the website and/or website logo without permission from the website operator is prohibited.

4. The user undertakes not to harm in any way the copyrights of the website management, whether directly or indirectly, whether for consideration or not for consideration.

5. The user undertakes not to take any action, whether directly or indirectly, that might harm property rights.

6. Any use that violates copyrights and/or intellectual property as detailed above will serve as grounds for closing the user’s account without any prior notice, and the user will bear all expenses which will be caused to the website operator and/or website customers and/or the user themselves due to this use, and/or due to closing the user’s account, and this, without derogating from any other remedy available to the website operator by virtue of agreement and/or by virtue of law. Intrusion into the website’s computer system constitutes a criminal offense under the law applicable in Israel.

7. It will also be clarified that there are contents which do not necessarily belong to the website operator, but permission has been given to the website operator to make commercial use by way of proper license. Every section regarding intellectual property as brought above will apply and be valid even regarding these contents.

10. Use Termination and Indemnification

1. The website operator may, at its discretion, terminate the activity of any user in the website’s services, including by blocking IP number and this if they do not comply with any of the terms of this agreement.

2. In the event of a violation by the user regarding these terms of use, the website operator shall, at its discretion, be entitled to expose their name and known details about them in any legal proceeding, even if no judicial order directing so is given.

3. The user shall indemnify the website operator, for any claim, lawsuit and/or demand and/or damage and/or loss, loss of profit, payment or expense, including interest payments and reasonable attorney fees and legal expenses, which will be caused to the website operator and/or anyone on its behalf by the user as a result of the user not maintaining these terms and/or violating any legal provisions and/or third party rights, and/or as a result of details, information or files that the user submitted for publication, and/or as a result of the user’s omissions, as expressed directly and/or indirectly.

4. The website operator does not commit that the website will not close and/or that activity in it will not cease temporarily or permanently and reserves the right to close the website and/or its activity at any time at its sole discretion.

5. Without derogating from the above, in the event that factors and/or events that are not under the control of the website operator, including communication and computing malfunctions and force majeure events will delay and/or prevent the execution of the transaction in full or in part, and in any way, and/or the supply of the product subject to the transaction at the set times, and/or if there will be changes in tax rates and/or levies and/or fees and/or other payments applying to the services between the time of service publication and the time of purchase, the website operator may announce the cancellation of the purchase, in whole or in part and in such cases future charging will not be performed, it will be clarified that no financial refund will be given for services which were given until the cancellation date by the website operator.

11. Assignment of Rights and Obligations

1. Without prejudicing the above it is hereby agreed, the website operator may assign its obligations and transfer its rights, at any time according to these terms of use, to a third party, according to its sole discretion, including transfer of all/most of its assets, through sale, merger, and/or in any other way, and also the website management is entitled at the time of rights transfer to collect debts from the user, provided that the user’s rights, according to this agreement, will not be harmed by the mere transfer of ownership.

2. In such case as above the user details in possession of the website management will be transferred to the third party, who will receive the rights in the website, and the user agrees to this in advance.

12. Prohibited Uses

1. The user agrees not to make any illegal use of the website and any use contrary to the following terms and including use that might lead to harm or shutdown of the website or harm to the user experience of other users on the website.

2. The user agrees not to obtain or try to obtain information or material included in the website by any means other than the means provided by the website, and also not to collect any information about other users without their consent.

3. The user is not entitled to assign, grant in sublicense or transfer in another way or in any manner whatsoever, any right of their rights or obligations under this agreement on their initiative, except with prior written approval of the website operator. The website operator hereby announces that its policy is to object to assignment of rights and obligations of users, at users’ initiative, and therefore it is likely that it will not approve customers’ request to do so.

13. Jurisdiction

1. In any dispute and/or conflict between the website operator and its users, for any reason whatsoever, the exclusive jurisdiction in all matters related to the validity, interpretation and/or violation of this agreement is given to the competent court in Tel Aviv-Yafo.

14. Additional Terms

1. The terms of use, number of payments and any additional and other data are at the sole discretion of the website operator, who will be entitled to change them from time to time, without prior notice, at its sole discretion.

2. The computer records of the website regarding actions performed through the website will provide as evidence for the correctness of the actions.