Terms of Use – Effectivate LTD.

1. Acceptance of Terms

These Terms of Use (“Terms”) are a legally binding agreement between Acerar Ltd. (“Effectivate” or “we”), and you (“you”, “user”, “customer”). By accessing Effectivate’s website (the “Site”), and accepting the Service as defined hereunder, you acknowledge that you have read, and understood these Terms, and accept and agree to be bound by them.

Effectivate provides software used for dedicated and personal cognitive training, designed to train memory capabilities of its customers (“the Service”).

You hereby acknowledge that you read the Terms of Use hereunder (“Terms”), and you agree to be bound by them. If you do not agree to any of the following Terms, we will not agree to grant you access to our Site and Service, and you will need to leave the Site. In order to view how we collect personal data (which will only be used for the better use of the Effectivate user please see our Privacy Policy in this link: https://effectivate.com/privacy-policy/.

Effectivate reserves the right, in its sole discretion, to amend or revise these Terms at any time, and you agree to be bound by the amendments and revisions. You are responsible for checking these Terms from time to time. In the event that Effectivate, in its sole discretion, decides that the updates to the Terms of Use represent a material change, we may notify you of such changes in a notice posted on our Site. Notwithstanding the above, we are not obligated to notify users of changes to the Terms and therefore users should periodically visit this page to review our current Terms. Your continued use of the Site after any revision or amendment to these Terms has been made, constitutes your consent and acceptance of the revised Terms. All new and/or revised Terms will take effect immediately upon publication and will apply to your use of the Site from that date onwards, except for material changes that may take effect 3 days after the change has been made and has been identified as material. If you do not agree to the Terms, your only remedy is to discontinue your use of the Site and Service and to cancel any Account(s) (as defined below) you have created for the use of the Service.

If you violate the Terms, Effectivate reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created for using the Site or Service. You agree that Effectivate does not need to provide you notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.

 

2. Access to Site

Effectivate does not provide you with the equipment to access and/or use our Site. Therefore, it is your responsibility to ensure that your computer, including without limitation, a desktop computer, laptop, mobile phone or any other electronic device, meets all the necessary technical specifications to enable you to access and use the Site. You are responsible for all fees charged by third parties related to your access and use of the Site (e.g., charges by Internet service providers or airtime charges). Effectivate cannot guarantee that the Site will always function without interruptions, delays or errors. There are a number of factors that may affect the quality of your communication and use of the Site and lead to your inability to communicate, including without limitation, your local area network, your firewall, your ISP, public internet and power supply. Effectivate assumes no liability for any interference, disruption or delay caused by any problem or discrepancy in any of these factors or other factors over which Effectivate may not control, including without limitation, problems or delays arising from labor disputes, strikes, cessation of activity, shortage or inability to obtain electricity, raw materials or equipment, war, terrorism, riots or force majeure.

 

3. Right to use the Site

Subject to your agreement and compliance with these Terms, Effectivate grants you a personal right that is limited in scope, non-exclusive and non-transferable to access and use the Site. You acknowledge that your right to access and use the Site and the Services is limited by these Terms and that if you violate, or at any time refuse to accept any of these Terms, your right to access and use the Site and the Service will terminate immediately. In the event that it is determined that the Site or the Service or any part thereof is illegal under the laws of the country in which you are situated, you will not be granted any right to use or take part in it.

 

4. Account Information

In order to become a user of our Site and Service, you will need to contact us through the Site and provide us with information such as: your name, phone number and email address. After providing these details and receipt of payment as detailed in section 6 herein, we’ll create a user account for you (“Account”). During the process of creating an Account, you will be required to select a username and password, which will enable you to access your Account (the “Login Information”). When registering and for the purpose of activating your Account, you declare and certify that you are at least 18 years of age. Effectivate reserves the right to prevent the opening of a user’s account as well as to limit the duration of a user’s account and the number of users associated with any organization at it’s own discretion.

The following rules govern how to secure your account and login information:

 

  1. You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account.

  2. In the event you become aware of or reasonably suspect any breach of security, including, without limitation, any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify Effectivate and modify your Login Information; To notify Effectivate, please reach out to help@effectivate.org.

  3. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information;

  4. You are responsible for anything that happens through your Account, whether or not such actions were taken by you or not, including, for the avoidance of doubt, actions performed by third parties. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal;  

  5. You undertake to monitor your Account and restrict use by any individual barred from accepting these Terms and/or receiving the Services, under the provisions listed herein after or any applicable law. You shall accept full responsibility for any unauthorized use of the Service by any of the above mentioned;

  6. Effectivate reserves the right to remove or reclaim any usernames at any time and for any reason, including, but not limited to, claims by a third party that a username violates such third party’s rights.

All personal information you provide to Effectivate when you create or update your account or use the Site or the Service, including your login information, will be maintained and used in accordance with these Terms and our available Privacy Policy: https://effectivate.com/privacy-policy/. You agree to provide us with correct and complete information and to update this information immediately upon its modification. You warrant and certify that you have the full right and authority to provide Effectivate with the foregoing information, including without limitation, the consent of any third party (as required by applicable law).

 

5. Service Provision

After creating an account, Effectivate will give you the right to use the Service. Each customer will be granted permission to use an online, limited in time plan, as available in the Site to provide our Services, and chosen according to the data submitted by each customer and their relevant needs. All payments for any use of the Service shall be made in advance, by telephone through the means of an Effectivate agent or by an online payment on our Site according to the type of plan the customer has registered for. 

 

6. Payment arrangements for the provision of the Service

  1. Each paying customer will be charged a fee in accordance with the payment arrangement agreed upon for the plan he or she has chosen.

  2. The period of use of the Service will begin on the date of joining or on the date of receipt of confirmation of payment, whichever is later, and will be valid for the duration of the plan cycle chosen by the customer. The renewal of the plan cycle will be in accordance with the Terms of the plan as agreed between the parties, or according to the Terms of the plan as presented on our Site, with monthly subscription plans automatically renewed each month, unless you notify us by contacting our customer service that you wish to terminate the plan with respect to future months. See section 7 on how to properly complete cancellations. 

  3. The billing system will use the credit card entered for charges. If for any reason, the payment is not honored by the credit card company or the bank, Effectivate has the right to freeze the use of the plan or cancel it immediately, thereby canceling this agreement and then collecting any debt incurred.

  4. You hereby agree to pay any charges to your Account, including applicable taxes, in accordance with the billing Terms in effect at the due date of the billing period.

  5. Effectivate maintains the right to revise/update/cancel the Terms of the plans and service packages, change the amount of service fees, change the user account type and/or base, and/or the number of payments, subject to the publication of any such change in advance on the Site. It is hereby clarified that the Terms of engagement of registered users who have already paid the usage fees for such engagement will not be changed.

 7. Cancelation of a Transaction

To cancel a transaction please contact the efectivate support team by email at: help@effectivate.org. Cancellations of a transaction and/or payment refund to customers will only be approved  in the following cases:

  1. Lack of use of the plan assigned to the customer (whereas participation in the first training of the plan will be considered as use), and cancellation within fourteen calendar days from the date of execution of the transaction or from the date of receiving the disclosure, whichever is later. In such a case, the payment that was paid will be refunded after offsetting cancellation fees at a rate of 5% of the service charge or 25$ – the lower of the two.

  2. In the Annual Plan: If the customer has begun using the plan, the Service will be available to the customer until the end of the plans cycle. It is not possible to cancel the plans mid-plan except as stated in subsection 7(A). 

  3. In the Monthly Program: You may contact our customer service to request to terminate the renewal of the monthly plan. If such a request is made, the plan will end at the end of the monthly program.

 

8. Commercial information on the Site and in the Service

The Site and the Service may include commercial information, notices and advertisements (“Third Party Information”). Third Party Information may pop up or be displayed from time to time. The source of such information will be third parties, and as such we do not guarantee its reliability or accuracy. Effectivate does not endorse the content of Third Party Information.

It is hereby clarified that the publication of commercial content by Effectivate does not constitute a recommendation or encouragement to purchase the advertised service. The platform will include links to services that are not operated or managed by Effectivate, Effectivate shall not be responsible for any liability arising from your reliance on the content of such services or any information provided by them, including but not limited to its completeness, accuracy, correctness or whether it is up-to-date. Without prejudice to the foregoing, Effectivate shall not be liable for any direct, indirect, financial or other damages arising from your use or reliance on the content or services you access through Third Party Information or other links in the Service or the Site.

 

9. Account Termination by Effectivate

Effectivate may refuse access to the Site or Service or may suspend or terminate your Account without notice, for any reason or suspected violation of these Terms, illegal or improper use of your Account, illegal or improper use of the Site or Service, products, or Effectivate’s intellectual property, as determined by Effectivate in its sole discretion. You may lose your user name as a result of Account suspension or termination, without any responsibility on the part of Effectivate for any damage that may result from the foregoing. If you have more than one Account, Effectivate may suspend or terminate all of your Accounts.

Furthermore, in plans with a duration of more than one month, you may freeze the Service during the plan up to three times, as long as the Service provided to you remains in effect. The freeze is subject to your advance notice by e-mail or by telephone through an Effectivate agent. The duration of the freeze is limited to two weeks. In addition, there will be no possibility of retroactive freezing. The freeze refers to the validity of the Service that is intended for you and does not affect unpaid payments and/or other conditions.

You acknowledge that Effectivate is not required to provide you notice before suspending or terminating your Account. In the event that Effectivate terminates your Account, you may not use any part of the Site again without Effectivate’s express permission. Effectivate reserves the right to refuse to keep Accounts and provide access to the Site or the Service to any individual. In addition, as noted, you may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account, please contact us at: help@effectivate.org

 

10. Pausing your Subscription: 

For plans that extend over one month, and are still active, it is possible to pause your subscription. While your subscription is paused you will not be able to enter your Effectivate account. The same number of days in which your subscription is paused will be automatically added at the end of the plan. 

  • For the 6 month plan you are permitted to pause your subscription up to three times, each time for up to two weeks (Total of six weeks). 

  • or the Annual plan you are permitted to pause your subscription up to five times, each time for up to two weeks (Total of ten weeks). 

To pause your account, you need to give prior notice to the Effectivate team via email regarding the date that you wish to pause your subscription and the date that you wish to reactivate it. This period cannot be extended for more than two weeks. You are not permitted to retroactively pause your subscription. 

The Subscription pause refers only to the specific plan that you have paused. It does not affect any other unpaid payments and/ or other conditions. During the time that your subscription is paused you will continue to be charged for your specific Effectivate plan and at the end of your subscription the amount of days that you had previously paused will be added back to you. If you choose to cancel your subscription, you will not be refunded for the time that you paused your subscription.  

 

11. Rules of Conduct and Usage for the Site and Service:

You represent and warrant that you have full right and authority to use the Site and the Service and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes and orders that govern your use of the Site and Service. Without limiting the foregoing and in recognition of the global nature of the internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws that affect the transfer of content or the privacy of people. 

You undertake that you shall not defraud, or attempt to defraud, Effectivate or other users, and that you shall not act in bad faith in your use of the Site and the Service. In the event that Effectivate determines that you have acted in bad faith and/or in violation of these Terms, or that your actions are not in accordance with reasonable standards, Effectivate may, at its sole discretion, terminate your Account and prohibit you from using the Site and the Service.

 In addition to the foregoing, as an example and not as a limitation, you agree not to:

  1. Create an Account or access the Site or Service if you are blocked from receiving the Service pursuant to the provisions of these Terms or any applicable law;

  2. Upload, publish, transmit or otherwise distribute any material that is vulgar, obscene, crude, pornographic, sexual, or otherwise, in the opinion of a reasonable person, abusive or objectionable in another way.

  3. Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or hurt anyone on the basis of race, ethnicity, or otherwise;

  4. Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, decompile or reverse engineer (unless explicitly authorized by Effectivate or applicable statutory law), to adjust or modify any part of the Site or the Service;

  5. Upload or transmit (or try to upload or transmit) files containing viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any software or similar program that may interfere with the operation of the Site or computers or mobile devices of other users of the Site or Service;

  6. Violate contractual, personal, intellectual or other rights of any party, including by using, uploading, transmitting, distributing or otherwise publishing any information or material made available through the Site or the Service in any manner that infringes any copyrights, trademarks, patents, trade secrets or any other right of any party (including privacy and publication rights);

  7. Create a false identity, multiple identities, multiple user accounts, create an Account on behalf of someone other than yourself, use bots or other automated programming programs to defraud or otherwise violate these Terms and/or Terms of Service of third parties;

  8. Try to obtain passwords or other personal information from other users, including personally identifiable information (whether text, image, or video), identification documents, or financial information;

  9. Prepare and/or make representations regarding and/or in connection with Effectivate without prior written consent. You must obtain prior written approval from Effectivate regarding the content of any marketing ad and in relation to any use of the trade name and/or trademarks and/or designs of Effectivate in connection with the Site and Service;

  10. Rent, lease, sell, trade, give as a gift, give as an inheritance or otherwise transfer your Account to anyone without prior written consent of Effectivate.

  11. Sign in or use an Account that has been rented, leased, sold, traded, given as a present, inherited or otherwise transferred from the Account creator without the prior written consent of Effectivate.

  12. Engage in any act of fraud in relation to payment methods;

  13. Violate any applicable law or regulation or encourage or promote any illegal activity, including without limitation, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, computer hacking, hacking or distributing counterfeit software, or fraud or hacking into a Service or Site; and/or

  14. Try to intervene, hack or decrypt messages to and from the servers for the Site or Service.

 12. Intellectual Property Ownership

Effectivate and/or its affiliates retain all rights for the Service and the Site’s materials (including, but not limited to, applications, software, designs, methods, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service Materials”). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, reverse engineer, disassemble, decompile, copy, transfer, create derivative works from, rent, sublicense, distribute, reproduce framed, republish, collect, download, display, transmit, upload, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service or the Site pursuant to these Terms or otherwise exploit any of the Service Materials without Effectivate’s explicit, prior written permission. All other uses of copyrighted or trademark material, including any derivative use, require explicit, prior written permission from Effectivate. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account as well as civil and criminal penalties.

You are not required to provide Effectivate with any feedback or suggestions regarding the Site or any Service Materials. However, should you provide Effectivate with comments or suggestions for the modification, correction, improvement or enhancement of the Service and/or any Service Materials, then, subject to the terms and conditions of these Terms, you hereby grant Effectivate a non-exclusive, worldwide, irrevocable, royalty-free license, including the right to sublicense, to use and deliver such comments and suggestions in any manner Effectivate chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise transmit of Effectivate’s and its sub licensee’s products and content embodying such comments or suggestions in any manner and via any media Effectivate chooses, but without reference to the source of such comments or suggestions.

Any feedback, suggestion, or opinion and advice as mentioned, and any other information expressed by any third parties on the Service or on the Site represent their own opinions and not those of Effectivate’s. Do not rely on the feedback, suggestions, opinions, advice or other information as mentioned. Neither Effectivate nor its affiliates, agents, directors, employees, information providers, licensors, license holders, officers and/or their respective branches shall be held liable and will not be liable for any decision made based on such information.

 

 13. Limitation of Liability

You agree that your use of the Services shall be at your responsibility and sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any action or omission to be carried out or made in reliance on the Services. To the extent permitted by law, Effectivate, its shareholders, directors, officers, agents, contractors, partners, consultants and/or employees bear no responsibility, express or implied, in connection with your use of the Site and Services.

It should be emphasized that the information appearing on this Site may have been subject to proofreading errors, typographical errors, scribal-errors, etc., and errors caused by the intrusion of unauthorized parties. Effectivate shall not be liable for damage caused due to errors of any kind. In light of this, Effectivate assumes no liability or responsibility for any:

  1. Errors, mistakes, inaccuracies, non-suitability of any content;

  2. Direct, indirect, special, incidental, punitive or consequential damages, including, without derogating, personal injury, property damages and/or monetary damages, medical damages, of any nature whatsoever, arising out of the use of or the inability to use the Services or Site.

  3. Unauthorized access to or use of third-party materials, secure servers and/or any personal information and/or financial information stored therein;

  4. Any interruption or cessation of transmission to or from the Site or Service;

  5. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party;

  6. Quality of any information or other material obtained by you through the Site;

  7. Material published, displayed and/or offered through the Site, its completeness, accuracy and/or reliability; or

  8. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site or Service.

Without derogating from the above mentioned, in no event will Effectivate, its directors, officers, agents, contractors, partners, consultants and/or employees, be liable to you or any third person for any special, direct, indirect, incidental, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Site or Service or other materials on, accessed through, read or downloaded from the Site or Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Effectivate has been advised of the possibility of these damages. You specifically acknowledge that Effectivate shall not be liable for any user submissions and/or defamatory, offensive and/or illegal conduct by any third party, and that the risk of harm or damage from and/or associated with the foregoing rests entirely with you. Without derogating from the above mentioned, in any case, the maximum liability of Effectivate in all cases and for all causes shall be limited to the refund or credit to the customer in the amount of the service fee actually paid for the 12 months preceding the event (s) that created the liability, unless required otherwise by law.

 

14. Use of information provided through the Service

Any information, including advice, training, e-newsletter and recommendations made through the Service, including training programs, case assessments, answering questions, etc., does not constitute, directly or indirectly, medical and/or health advice, or a substitute for medical advice and/or advice or other professional service.

The information provided in the framework of the Service and the Service itself are not interchangeable, nor should it be a substitute for a professional opinion regarding medical, mental or other problems, given by an expert who knows the details of the particular case of each customer. Consult your physician and/or any other specialist for any questions you may have with regard to health issues before you receive Service and/or use the program offered on this Site, before receiving Service and/or use of the program offered on this Site. Nothing on this Site is intended to be used as a medical diagnosis, or as a recommendation for any treatment. Use of this Site is made with the knowledge and understanding that Effectivate or any of its content providers do not engage in legal, medical or any other type of advice. Any use of the information or the contents of the Service is the exclusive responsibility of the customer, and bears the full risk in all matters relating thereto.

Notwithstanding the fact that Effectivate and its content providers endeavor to provide accurate, complete and up to date information, Effectivate and/or its content providers cannot guarantee the accuracy, completeness, or non-limitation of such information and are not responsible for any damage or loss arising from reliance on such information.

15. Third Party Materials; Search Engines

You may be permitted to enter, review, display or use the services, resources, content, information or links of third parties, to other sites or resources (“Third Party Materials”) through the Site and Service. Third Party Materials are not under the control of Effectivate and you acknowledge and accept that you assume sole responsibility and take all risks arising from your entry, use or reliance on such Third Party Materials. Effectivate shall not be liable to you as a result of the entry, use or reliance on Third Party Materials through the Site or the Service.

You acknowledge and agree that Effectivate:

  1. Is not responsible for the availability, accuracy, completeness, quality and/or legality of Third Party Materials as previously mentioned and/or the products and/or Services available in the Third Party Materials.

  2. Is not responsible to you or to any third party for any damages, losses or losses arising out of your injury or use of the Third Party Materials; and

  3. Makes no warranties to remove the access to Third Party Materials through the Site or the Service. Your ability to enter into a link to Third Party Materials or third party services does not imply any endorsement by Effectivate of Third Party Materials or services of any third parties.

 

 

16. General

By using or visiting the Site, you agree that the laws of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Effectivate. Any claim or dispute between you and Effectivate that arises in whole or in part from your use of the Site and Service, shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts of Tel Aviv, Israel. Notwithstanding any conflicting law or legislation, you agree that any claim or cause of action arising out of or relating to the Services must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.

Non-enforcement by Effectivate of any provision under these Terms shall not constitute a waiver of any further enforcement of this provision or of any other provision. If, for any reason, a competent court determines that any provision under these Terms is invalid or unenforceable, this provision shall be enforced to the extent possible and the remaining provisions of these Terms shall remain in force. These Terms constitute the sole and exclusive understanding between Effectivate and you regarding their content and they supersede any current or prior price quote, agreement, correspondence or understanding, whether written or oral, relating to their contents.

 

17. Contact Us

For any questions about these Terms of Use or any other issue regarding the Site and Service, please contact us at: help@effectivate.org.

 

Last update: August 17, 2021

 

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