Terms of Use – Effectivate LTD.

 

1. Acceptance of Terms

1.1.   These Terms of Use (“Terms”) are a legally binding agreement between Acerar Ltd. Company Registration No. 514739861, operating the Effectivate services (hereinafter “Effectivate” or “we”), and you (“you”, “user”, “customer”). By accessing Effectivate’s website, 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.

1.2.   Effectivate provides software used for dedicated and personal cognitive training, designed to train memory capabilities of its customers (“the Service” or “the System”), the access to the service is provided through the Company’s website or via a link to access the training through the application (“the Site” or “the Website”).

1.3.   We do not provide medical advice, psychological advice, or any other professional advice. In any case of concern regarding cognitive, emotional, or other psychological harm, you should promptly consult an appropriate professional.

1.4.   You confirm that you are healthy, have no health issues, and that all training you undertake in accordance with the services of the Website is entirely your responsibility.

1.5.   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/.

1.6.   Effectivate reserves the right, in its sole discretion, to amend or revise these Terms at any time, and they will take effect immediately upon the update. 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 by mail. 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.. If you do not agree with the changes, do not use of the Site and Service.

 

2. Access to Site

2.1.   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 including manufactured from 2016 onward. 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).

2.2.   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

3.1.   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 and Services. 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.

3.2.   In the event 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

4.1.   In order to become a user of our Site and Service, you will need to contact us through the Site or by contacting our representatives, 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”).

4.2.   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”).

4.3.   When registering and for the purpose of activating your Account, you declare and certify that you are at least 18 years of age, and that you are authorized to enter into an agreement with Effectivate and be subject to these Terms. Additionally, you declare that the information you have provided to us is accurate and complete, and in the event of any changes, you must promptly notify us in writing via our email address as specified below.

4.4.   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.

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

4.5.1.       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.

4.5.2.       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.

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

4.5.4.       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;

4.5.5.       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;

4.5.6.       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.

4.5.7.       Effectivate will not be liable for any damages, alterations, or loss of information resulting from unauthorized use of account and contact details.

4.6.   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/.

4.7.   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

5.1.   After creating an account, Effectivate will give you the right to use the Service, depending on the type of plan selected by you or by the account owner (if you are not the user). 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.

 

6. Payment arrangements for the provision of the Service

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

6.2.   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 8 on how to properly complete cancellations.

6.3.   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.

6.4.   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.

6.5.   Alternatively, payment details for the use of the service may be provided over the phone through an Effectivate agent.

6.6.   If approved for the customer, payment by check will apply only after the bank confirms that the check has been honored. The period of use and the Services provided during that period, for which the check was issued, will begin only upon such confirmation.

6.7.   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.

6.8.   Payment Processing. The order form may enable you to purchase a subscription and pay the fees online by using your credit card or other payment methods accepted by Effectivate. If you choose to do so, such payment will be processed through a third party payment processing service, and additional terms may apply to such payments. We currently engage a third party, BlueSnap, Inc. (“BlueSnap”), for online payment processing services, and in addition to these Terms, you agree that BlueSnap’s terms and conditions shall apply to your online payments of the fees. BlueSnap’s terms are available at www.bluesnap.com. We reserve the right to use other third party payment processing services for such purposes in the future.

6.8.1.       The tablet will be purchased by an Effectivate representative on behalf of the customer without any profit to us and with the goodwill intention to assist and ease the experience for Effectivate’s customers.

6.8.2.       To make the purchase, two transactions will be processed: the first transaction is for the software, which can be divided into up to 12 interest-free installments, and the amount will be paid directly to Effectivate. The second transaction is for the purchase of the tablet as priced on the supplier’s website. This charge can also be divided into installments. The purchase will be made through the supplier’s online site, and the payment will be made directly to the supplier.

6.8.3.       The supplier is an exclusive provider of warranty and service for the tablet and will provide the purchaser with a one-year manufacturer’s warranty.

6.8.4.       The terms and conditions for canceling the purchase transaction will be subject to the supplier’s policy. This cancellation must be carried out by the customer directly with the supplier. Effectivate is not responsible in any way for the cancellation or return of the purchase transaction.

6.8.5.       Effectivate is not responsible in any way for anything related to the tablet.

6.9.   Personal in-home training: Training on the operation of Effectivate’s software will be conducted by a third party and will be subject to the service area coverage.

6.10. Exclusive Learning Session with a Guinness World Record Holder for greatest Memory. A group session (up to six participants) lasting approximately two hours, to be held at the company’s offices in Tel Aviv.

6.11. Bonus Course for Grandchildren for Studies and Exams. The course is online. A link and user details will be sent upon purchase.

 

7. Effectivate Coins Terms and Conditions

7.1.   Effectivate Coins are used for discount on subscription renewal for Effectivate / Customer Club / Eligibility for redeeming benefits on the website. The promotion’s organizer, Acerar Ltd., registration number 514739861, operating the Effectivate services (hereinafter: “the Company”).

7.2.   Accumulation of Coins. Effectivate virtual coins are accumulated in the personal subscription account, based on the customer’s activity within the service (“the Coins”). The benefits will include discounts on businesses advertised in the software.

7.3.   Use of Coins: These coins can be used to receive a discount on subscription renewal, to unlock courses and audiobooks provided within the service (in the audiobooks and courses tabs, respectively). Additionally, the coins can be redeemed for discounts and benefits (hereinafter: “Customer Club”). These benefits will be displayed from time to time on the website under the “Customer Club” tab.

7.4.   Accumulation of Coins through Training: Upon completing a daily training session in the software, the subscriber will be credited with 5 coins. Completing 3 training sessions in a calendar week will credit the subscriber with 25 coins, up to a maximum accumulation of 60 coins per week.

7.5.   Use of Coins for Subscription Renewal Discount (“the Promotion”): A customer who wishes to renew their subscription to the Effectivate product (“the Product”) will be eligible for a discount, based on the number of coins accumulated in their personal subscription account. The discount will be calculated from the full price of the product as it appears on the renewal page or on the company’s website. The discount will be automatically applied during self-renewal through the website. If the customer wishes to use only part of the coins or not use them at all, subscription renewal can be done through customer service, by email or phone. The number of coins used for the subscription renewal discount will be deducted from the accumulated coin balance prior to redemption (“the Discount”).

7.6.   The use of coins for the Promotion will be possible up to 180 days from the end of the subscription.

7.7.   Discount Rate on Subscription Purchase: Every 25 coins entitle the subscriber to a 1% discount on the full price of the subscription.

7.7.1.       The discount rate will be calculated in groups of 25 coins only; a balance of coins less than 25 will not entitle additional partial or full discount accumulation. If coins remain after purchasing a subscription, they will remain for future use, if the subscription is active.

7.8.   Use of Coins for Audiobooks and Courses: Coins can also be used to gain access to audiobooks or courses offered in the software. Access to these contents will remain open as long as the subscription is active.

7.8.1.       When the subscription ends or in the event of cancellation, access to these contents will be revoked, even if redeemed with coins.

7.9.   Use of Coins for Customer Club Benefits: Coins can be used to redeem and receive coupons within the Customer Club tab. Access to coupons will remain open as long as the subscription is active. When the subscription ends or in the event of cancellation, access to the coupons offered on the site will be revoked.

7.10. No Return/Cancellation: There is no possibility of return or cancellation of the purchase of audiobooks/courses/contents or coupons.

7.11. Redeemed Coins: There is no possibility to reclaim coins that have been redeemed.

7.12. No Responsibility for Third-Party Products: Effectivate will not have any responsibility for third-party products purchased using a coupon provided within the Customer Club. Any claim regarding a service or product purchased should be directed to the supplier directly.

7.13. Promotion Period: From 01.07.2024 at 08:00 until 31.12.2026 at 20:00 (hereinafter: “Promotion Period”).

7.14. Effectivate reserves the right to update, reduce, change, or delete the coin balance available to any customer unilaterally at any time, for any reason it deems the balance incorrect, including but not limited to transaction cancellations, non-payment, eligibility contrary to the provisions of this regulation, etc.

7.15. The company reserves the right to change or terminate the promotion period, the discount rate, and the promotion itself, in whole or in part, at any time, at its sole discretion without the need for justification or prior notice.

7.16. The use of coins for discounts is based on the full price of the subscription, product, or treatment as it appears on the company’s website, and double promotions are not possible.

7.17. This regulation and its interpretation will be governed by the laws of the State of Israel, and the competent courts in Tel Aviv, and only them, will have local jurisdiction in any dispute or issue related to this regulation.

7.18. In the event of a contradiction between the company’s publications, announcements, correspondence, and conversation and the provisions of this regulation, the provisions of the Terms will prevail.

 

8. Cancelation of a Transaction

8.1.   To cancel a transaction please contact the Effectivate support team by email at: help@effectivate.org.

8.2.   Our cancellation policy does not apply to purchases made through app stores. For purchases made through Google Play or the Apple Store, cancellations must be processed exclusively through those platforms and in accordance with their terms and conditions. We are unable to cancel transactions made through app stores as these transactions are made directly with the app store operators, who have sole control over their cancellation policies.

8.3.   Cancellations of a transaction and/or payment refund to customers will only be approved in the following cases:

8.3.1.         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 (14) 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.

8.3.2.         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 8(A). If a customer wishes to cancel their subscription after beginning use of the software, they must contact our customer service department. The company will process the cancellation request within 21 business days of receipt. The cancellation will take effect at the end of the billing cycle* in which the cancellation request was made. The customer will be charged for the subscription period, including the time from the start of the subscription until the end of the billing cycle, plus a setup fee of 15% of the original purchase price. The Services will remain accessible until the end of the last billing cycle from the date of the cancellation request. *Billing cycle – A billing cycle is a one-month period beginning on the date of purchase of the subscription.
Annual plan cancelation is not applied for US and Canada Clients.

8.3.3.         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. Should the request be submitted fewer than two days after the billing cycle concludes, an extra charge will be incurred and the subscription will continue for another cycle.

8.3.4.         Transaction denial. In the event of a transaction denial initiated by the customer, a 199 NIS processing fee will be applied.

8.3.5.         Upon cancellation of a subscription, all accumulated coins will be forfeited and the customer’s coin balance will be reset to zero. Coins cannot be redeemed or restored after the subscription has been canceled.

 

9. Advertising information on the Site and in the Service

9.1.   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.

9.2.   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.

 

10. Account Termination by Effectivate

10.1. If you infringe these Terms or in the event of illegal or inappropriate use of your account, 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. The Company reserves the right to warn you of any violation or to terminate or suspension of your account we have created for you for the purpose of using the Site, and you agree that we may notify you prior the suspension or termination of the account in our sole discretion. In such cases, you might lose your account data, 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.

10.2. 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.

 

11. Pausing your Subscription

11.1. Furthermore, in plans with a duration of more than one month, you may pause the Service during the plan, as long as the Service provided to you remains in effect. The pause is subject to your advance notice by e-mail or by telephone through an Effectivate agent. 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.

11.2. For an annual plan you are permitted to pause your subscription up to five times, each for a period of up to two weeks (up to a total of 10 weeks).

11.3. For the 6 month plan you are permitted to pause your subscription up to two times, each time for up to two weeks (Total of 4 weeks).

11.4. 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.

11.5. 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.

 

12. Rules of Conduct and Usage for the Site and Service

12.1. By using the website and the service, you are obligated to comply with these terms, including the applicable law.

12.2. 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.

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

12.3.1.       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;

12.3.2.       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.

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

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

12.3.5.       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;

12.3.6.       Violate contractual, personal, intellectual or other rights of Effectivate or any other 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);

12.3.7.       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;

12.3.8.       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;

12.3.9.       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;

12.3.10.     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.

12.3.11.     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.

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

12.3.13.     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

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

 

13. Intellectual Property Ownership

13.1. 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”).

13.2. The entire contents of the Service are protected by applicable intellectual property rights, such as copyright, trade dress, patent, and trademark laws, international conventions, trade secrets, license agreements and other laws protecting intellectual property and related proprietary rights.

13.3. 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.

13.4. 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.

13.5. 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. Additionally, any material you send and/or upload to the website or system in any way, including data, questions, comments, responses, suggestions, ideas, etc., will be considered and treated as non-confidential and non-proprietary. Effectivate will be entitled to use the material provided, on an anonymous basis, for any purpose and will also be entitled to use any idea, knowledge agreement, and anything else, for any purpose, including implementation, development, sale, and/or distribution of its services.

13.6. 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.

 

14. Limitation of Liability

14.1. 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.

14.2. 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 for each of the following:

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

14.2.2.       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.

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

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

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

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

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

14.2.8.       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.

14.2.9.       Some subscription services, including lectures, annual summary reports, customer club benefits, and others, may not be available in all countries

14.3. Without derogating from the mentioned above, 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.

 

15. Use of information provided through the Service

15.1. 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.

15.2. 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.

15.3. 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.

 

16. Third Party Materials; Search Engines

16.1. 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.

16.2. You acknowledge and agree that Effectivate:

16.2.1.    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.

16.2.2.    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

16.2.3.    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.

 

17. Notifications, Updates, and Newsletters

17.1. The email address and phone number you provide us will be used, among other things, to offer you various services from time to time and/or different marketing offers and/or “advertisements” in accordance with the Communications Law (Telecommunications and Broadcasting) 5742-1982, unless you notify Effectivate of your desire not to receive such messages through the means specified in the mailing. Additionally, Effectivate may send you notifications about changes to these terms or regarding other matters, including messages related to the use of the service and the website and other operational messages, which do not constitute “advertisements.” You agree that all agreements, notices, disclosures, and any other communication that Effectivate sends as mentioned above are acceptable to you. All messages sent to you will constitute sufficient and valid delivery and notification to you, whether you accessed or read the message or not, and will be considered as if sent to you, whether received by you or not.

17.2. Effectivate may send training reminders through one of the communication methods you provided, including email, WhatsApp, or SMS, at your request.

17.3. After 30 days without performing training in the system, these notifications will automatically cease out of respect for the user.

 

18. General

18.1. 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.

18.2. 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.

 

19. Contact Us

19.1. For any questions about these Terms of Use or any other issue regarding the Site and Service, please contact us at: help@effectivate.org, or by phone at 077-3536370 during business hours.

 

20. Refer a Friend

20.1    An Effectivate user who refers a client through the “Refer a Friend” page in the software is entitled to receive a benefit, provided that the referred friend purchases an annual subscription within 30 days of receiving the recommendation.

      20.2 The benefit given to the referring client will be an additional free month of system use, which will be added at the end of the client’s subscription period.

 

20.3    Promotion period: From September 1, 2024, at 8:00 AM until October 1, 2026, at 8:00 PM.

 

21. Use of Body & Mind Classes

21.1           fectivate allows its subscribers access to Pilates, Yoga, and Feldenkrais classes delivered via the Zoom platform by external instructors (“Body & Mind Classes“). The training service is provided by an external supplier, and it is hereby clarified that Effectivate does not commit to ensuring the existence of classes at predetermined times or frequencies, due to the possibility of disruptions beyond Effectivate’s control, including technical issues or instructor absences. Additionally, instructors or class content may be replaced from time to time, and Effectivate does not commit to maintaining a specific instructor or content. It is also clarified that access to Body & Mind Classes will only be possible in certain countries where the service is available.

21.2 Furthermore, it is clarified that eligibility to participate in Body & Mind Classes is granted only from the tenth (10^th) class in the Body & Mind Classes, exclusively for annual Effectivate subscribers, subject to membership terms and additional conditions as may be determined from time to time by Effectivate.

 

22. Monthly Zoom Lecture

22.1 The lectures service includes access to monthly lectures delivered via the Zoom platform for all Effectivate subscribers. It is hereby clarified that Effectivate does not commit to ensuring the lectures will occur at the scheduled times, due to potential disruptions beyond Effectivate’s control, including technical issues, lecturers’ absence, or other circumstances outside Effectivate’s control. Additionally, lecture content, dates, or lecturer identities may change from time to time, and Effectivate does not guarantee any specific content, lecturer, or schedule. The lectures require advance registration; the lecture is available only to the first 1,000 subscribers accessing the Zoom platform; beyond this number of participants, the Zoom room cannot accommodate additional participants. It should be noted that the lecture will be recorded and shall remain available to all Effectivate users for four (4) additional days following the lecture date.

22.2            It is clarified that access to the lectures service will be permitted only in specific countries where the service is provided.

* The document is written in masculine language but refers to both genders.

 

Last update: January 20, 2026

 

 

 

Privacy Policy

Effectivate (“Effectivate”, “we”) is committed to maintaining the privacy of its users (“user”, “you”). The following information describes how Effectivate collects and processes information about you when you use our service as defined below, through our website (the “Website”) or when you visit our Website.

Our Privacy Policy explains:

• What information we collect and why we collect it.
• How we use that information.
• Your rights with regard to the collection of such information.

By visiting our Website or using our services through our Website, you agree to this Privacy Policy.

Effectivate provides an innovative platform, which combines digital exercise with artificial intelligence to create a designated personal cognitive training plan. We enable our users to improve their memory skills and develop their brains to their fullest potential (“Service”). 

What types of information we collect & how

 

Information type	How we collect it
Non-personal information	Information may be automatically collected, and some is collected when you interact with our Website. The type of information that may be automatically collected includes your session durations, the content you accessed on the Website, the frequency and scope of your use of the Website or service and information about your computer and internet connection including the operating system you use and browser type.
Personal Information	Information from which you can be personally identified may also be collected, including but not limited to your name, address, email address, telephone number and the location of the computer through which you used the Website. Personal Information shall be collected only if received voluntarily from you, including, without limitation, in the following methods:   .    Creating an account: If you wish to use Effectivate’s services, you may contact us via the Website by submitting your name, phone number and email address and we will create an account for you (“Account”). After creating your Account, you will be required to choose a username and password that will enable your secured access to it.  b.   Through the service: When you wish to access your Account and use our service, you will be provided with a questionnaire regarding all the information we need to be able to create you ,your own cognitive exercise program. The information you will be requested to provide may include some health information and various habits you have, though we will only collect the information that you will choose to share with us.  c.    Payment information: We will collect your payment details to be able to provide you with our service. Such details will be kept secured and shall only be used for the purpose of the provision of the service.    d.   Contacting us: If you wish to contact us regarding any issue you may encounter with the Website or the service, we will collect the Personal Information included in your enquiry to be able to provide you with the support you require.

 

 

Use of Information

We use the Personal Information we collect from you for a range of different business purposes according to different legal bases of processing. We may use or process your Personal Information for the following purposes. One or more purposes may apply simultaneously:

 

Providing the Requested Services	We collect Personal Information to provide you with the service you contracted to receive. Such provision on service includes managing your personal cognitive program, making certain assessments and sending you relevant notifications regarding the operation of your Account and personal program. Such collection of information will enable us to provide you with technical and professional assistance, with regard to the services you use or intend to use.    We process the Personal Information where it is necessary for the adequate performance of the contract for the provision of our services.
Improvement and Development of the Services	We collect Personal Information to improve and develop our Website and services and understand feedback on Effectivate’s Website and services; for ongoing review and improvement of the information provided on our Website to ensure it is user friendly; to improve the management and administration of our business and maintain compliancy with our internal policies and procedures.   We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve our services, develop new features, and conduct audits and troubleshooting activities.  We process this information considering our legitimate interest in improving the Website and the service, to allow our users to have the best experience.
Developing New Practices and Promoting Innovation	We may collect non-personal Information for conducting research on cognitive behavior. Such non-personal information will be collected as aggregated, and the privacy of our users shall be maintained.  We will process such information to reach new conclusions, develop new practices and contribute to the progress of research development and innovation. We process this information in light of our legitimate interest in improving our service by discovering new practices and promoting innovation in the field.
Maintain a Safe and Secure Environment	We may use your information to detect and prevent fraud, abuse and security incidents in the following ways: ●      Verify and authenticate your identity and prevent unauthorized or illegal activity. ●      Enhance the safety and security of our Website and service. ●      Conduct security investigations and risk assessments. ●      Prevent or take action against activities that are, or may be, in breach of our terms of service or applicable law.  We process this information considering our legitimate interest in improving our Website and service and enabling our users to browse in a secure environment.
Personalize Content, Advertising and Marketing	If you have used Effectivate’s service in the past, we have a legitimate business interest for matching the data we collect with other data we had already collected.  This enables us to understand your needs and interests, optimize the content we send you and make it more suitable and relevant to your needs. This also enables us to improve your experience on the Website by providing you with personalized content, recommendations, and features. We process this information considering our legitimate interest in personalizing your experience and customizing our content.

 

 

Disclosure of Information and Transfer of Data 

Except as otherwise provided in this Privacy Policy, we reasonably attempt to ensure that we never intentionally disclose any of your Personal Information, to any third party without having received your permission, except as provided for herein or otherwise as permitted or required under law:

 

• Service providers: third parties may be given access to your Personal Information when it is necessary to provide you with the services you requested to receive, or when such third parties are required to perform tasks on our behalf and to facilitate our services or any portion thereof, such as marketing, data management or maintenance services.
• Affiliates & subsidiaries: We may share your Personal Information with our affiliates, subsidiaries.
• Cloud service provider: which enables us to save your data in a highly secured manner.
• Analytics service providers for analytics services. Such analytics service providers set their own cookies or other identifiers on your computer, through which they can collect information about your usage of our Website. This helps us compile aggregated statistics about the effectiveness of our Website and service. 
• M&A: we may also transfer your information, including Personal Information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate changes.
• Legal Authorities and under legal requirements : information about you may also be released in order to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order.
• Security and avoiding fraud: We will also release specific information in special cases, such as if you use the Website or the service to perform an unlawful act or omission or take any act or omission that may damage Effectivate, its property and goodwill, or if there is an attempted breach of the security of the Website or a physical or property threat to you or others.

The above mentioned third parties may be located in countries other than your own, and we may send them information we receive. When such third parties process your Personal Information on our behalf, we will assure that they comply with obligations similar to those which are set forth in this Privacy Policy. We will also assure that they will abide by our data privacy and security requirements, and will be allowed to use the Personal Information solely for the purposes we set. We will transfer your Personal Information while using appropriate and suitable safeguards, while using a variety of legal mechanisms, including contracts, to ensure your rights and protections travel with your data. 

The authority supervising such activities is the Israeli Privacy Protection Authority, and you have the right to file a complaint with it or any other relevant supervisory authority.

Your Rights

Based on your location and applicable laws, you have specific rights, such as the right at any time to request to access or modify your information. 

In some jurisdictions, in particular, those located within the European Union (the “EU“) or within the European Economic Area (the “EEA“), or in California, U.S., you may be afforded specific rights regarding your Personal Information. Subject to such eligibility, you may have the following rights :

Request a rectification of your Personal Information where the information we hold about you is incorrect or incomplete.

Object to the processing of your Personal Information for direct marketing purposes.

Object to the processing of your Personal Information where our legal basis for that processing is that such processing is necessary for our legitimate interests.

Object to an automated decision-making (including profiling) in certain circumstances.

Request the erasure of your Personal Information in certain circumstances, such as where processing is no longer necessary for the purpose it was originally collected for, and there is no compelling reason for us to continue to process or store it;

Receive your Personal Information, or ask us to transfer it to another organization that you have provided to us, which we process by automated means, where our processing is either based on your consent or is necessary for the performance of a contract with you.

 

Generally, with regard to information collected on our Website, Effectivate is a “Data Controller”. Therefore, if you wish to exercise the above-mentioned rights, please contact us, and we will make our best efforts to fulfill your request. If you wish to file a request regarding any of the above, you may contact us at: https://www.effectivate.org/Contact.html

Cookies and Tracking Tools

We may use “cookies” and/or other technologies or files (collectively, “cookies”) to identify how visitors make use of this Website. This aggregated tracking information may be used to help us improve and enhance the Website experience for all of our visitors. In addition, cookies are used to adjusting the Website to your personal preferences. Cookies contain information such as the pages you visited, the length of time you stayed on the Website, the location from which you accessed the Website and more. If you would prefer not to have cookies stored on your computer, you may modify your browser settings to reject most cookies, or manually remove cookies that have been placed on your computer. However, by rejecting the cookies, you may be unable to fully access the offerings on this Website. To find out more about cookies, visit www.allaboutcookies.org.

 

 

Opt In or Opt Out

You are always in control of your data, and if you choose to receive information from us, or others, you can change your mind later. If, at any time, you would like to stop receiving such information or opt out of a feature, you may notify us by writing to https://www.effectivate.org/Contact.html. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers, although we will always make reasonable efforts to do so upon your request. 

We do not sell any information that identifies you, such as your name or contact information. However, we do allow Ad Networks such as Facebook and Google to collect your electronic activity while on our website. Ad Networks may also collect IP addresses and information about your device and browser (such as the name and model number of your device) through cookies and similar tracking technologies on our website. They use this information to advertise to you after you leave our website. This is called “retargeted advertising.” Under the CCPA’s broad definition of what it means to “sell” personal information, this form of advertising may be considered a “sale” of your information.

Links to Other Websites

This Website may provide links to other websites. Please be aware that these other websites are not covered by our Privacy Policy. This Privacy Policy does not cover the information practices exercised by other providers of products or services, advertisers or other websites, companies or individuals, which are not owned or controlled by Effectivate. We suggest that when linking to another website, you always read that website’s privacy policy before volunteering any personally identifiable information. 

If you do not want us to provide this information to our advertisers, you may opt-out here:

https://www.effectivate.org/Contact.html

 

 

Data Retention

Generally, Effectivate does not retain information longer than necessary to provide its services and for its reasonable business and lawful needs. If you withdraw your consent to us processing your data, we will erase your Personal Information from our systems, unless the data is required for Effectivate to establish, exercise or defend against legal claims or it is necessary for the performance of the requested services.

Children’s Privacy

The service is not intended for children under the age of 18. We do not, knowingly or intentionally, collect information about children who are under 18 years of age. 

IF YOU ARE UNDER THE AGE OF 18 YOU MAY NOT USE THE SERVICE, UNLESS PARENTAL CONSENT IS PROVIDED ACCORDINGLY

Questions Regarding Our Privacy Policy

If you have any questions regarding this Privacy Policy or the practices described above, you are always welcome to contact us at https://www.effectivate.org/Contact.html.

 

Revisions and Modifications to our Privacy Policy

We reserve the right to revise, amend, or modify this Privacy Policy at any time. When changing the policy, we will update this posting accordingly. Please review this Privacy Policy often so that you will remain updated regarding our current policies.

 

Governing Law and Jurisdiction

This Privacy Policy will be governed and interpreted pursuant to the laws of the State of Israel without giving effect to its choice of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Privacy Policy shall be to the competent courts in Tel Aviv, Israel, to the exclusion of any other jurisdiction.

 

This policy was updated on 01 March 2025.