Welcome to the MYTEXTA application (hereinafter: the "Application" or the "Service"), developed, operated and managed by MY TEXTA LTD (hereinafter: the "Developer" or the "Company").
This Terms of Use Agreement (hereinafter: the "Agreement") constitutes a binding, valid and enforceable legal contract between the Developer and any person, entity or end user (hereinafter: the "User") who installs, downloads, accesses or uses the Application and its ancillary services. This document is drafted in the masculine form for convenience only, but addresses all genders equally.
Please note: Installation of, access to, or use of the Application is conditioned upon active, express and full consent to all terms of this Agreement and to the Privacy Policy incorporated herein. The User is required to actively approve these terms (by marking a confirmation checkbox – Click-wrap) prior to creating an account or using the Service. Insofar as you do not agree to any of the terms of this Agreement, you are required to immediately cease all use of the Application, not to click the approval button, and to remove it from your device.
1.1. Use of the Application in its standard version or in the professional (PRO) version is permitted solely to users aged 18 and over, or users whose age exceeds the age of legal capacity in their place of residence and who are legally competent to enter into a binding contract.
1.2. Insofar as the Application offers versions dedicated to minors (such as the KIDS version), their use is limited and conditioned upon obtaining the express, prior and written consent (or an approved digital verification means) of a parent or legal guardian. The parent or guardian shall bear full and sole responsibility for any activity of the minor in the Service, including exposure to content or the making of in-app purchases; for this purpose, by reason of the manner of installation of the dedicated version, installation of the Application in a dedicated version shall be deemed the express consent of the parent and/or legal guardian.
1.3. The Developer does not and shall not bear any responsibility of any kind whatsoever for use of the Application by minors without appropriate consent or through impersonation and the entry of false age details.
2.1. The Application provides a digital messaging platform that includes, among other things, advanced technological features intended to enhance the User's privacy and the sender's sovereignty over their digital traces (such as end-to-end encryption, hardware and software mechanisms to prevent screen capture or media copying, and message deletion) (hereinafter jointly: the "Privacy Features").
2.2. Critical clarification and expectation-setting: The User declares, understands and irrevocably agrees that the Privacy Features, the encryption and the prevention of capture/copying do not constitute a hermetic, absolute or failure-proof 100% block against documentation, leakage or breach. The operation of these mechanisms depends directly and materially on external factors that are not within the Developer's control, including but not limited to:
Third-party operating systems (such as Google's Android and Apple's iOS) and their software updates, which change from time to time.
Hardware components and the architecture of different end-device manufacturers (such as OS-level screenshot blocking).
Technical capability outside the device, including physical photography of the device screen by means of an external camera, another telephone, or external analog recording equipment (Analog Loophole).
2.3. The User hereby waives, and shall be estopped from raising, any claim, demand or suit against the Developer for the failure, circumvention or non-operation of the Privacy Features, and agrees that reliance upon them for the transfer of sensitive or confidential information is done at the User's sole responsibility.
3.1. The Service uses algorithms based on artificial intelligence, machine learning and automated components (hereinafter: the "AI Systems" or "Safe-Gate AI") intended to identify, filter or block offensive, unlawful or terms-of-use-infringing content, as well as for the purpose of optimizing the user experience.
3.2. The User understands and agrees that AI systems operate on the basis of probabilistic and statistical models, and are not capable of reaching absolute accuracy. Accordingly, the Developer does not warrant and does not undertake zero errors in the operation of these systems. The User releases the Developer from all liability for:
False Positive: The erroneous blocking, suspension, deletion or filtering of the User's legitimate messages, files, media or accounts, including loss of business, commercial or personal information as a result thereof.
False Negative: A failure of the system to detect or block offensive, infringing, harassing or unlawful content sent to the User (including in minors' versions such as KIDS).
3.3. The Developer reserves the exclusive right to update, change the parameters of, calibrate or disable the AI systems at any time without prior notice, and the User shall not be entitled to any remedy or compensation for these actions or their consequences.
4.1. The User bears sole, full, absolute and unconditional responsibility for any content, message, text, image, file, video, audio or other media that they transmit, send, distribute, upload or make available by means of the Application (hereinafter: "User Content").
4.2. The User undertakes and declares that they will not use the Application for the purpose of performing the following actions (or sending content that includes them):
Content that is unlawful or criminal, that encourages the commission of offenses, or that infringes local or international laws applicable to the User or to the recipient.
Content that constitutes defamation, libel, commercial torts, sexual harassment, threats, stalking, bullying or a serious violation of another person's privacy.
Content that infringes copyrights, trademarks, patents, trade secrets or any other intellectual property right of any third party.
Sending mass messages, spam, pyramid schemes, phishing, or the distribution of malicious code, viruses, Trojan horses or spyware.
4.3. By reason of the end-to-end encryption architecture implemented in the Application, the User acknowledges that they are aware that the Developer has no technical ability, access or permission to view the encrypted content, to supervise it or to filter it in real time within the private communication channels. Accordingly, the Developer does not act as an editor or monitor of the content, and does not bear any responsibility for damage, loss or distress caused to the User or to any third party as a result of User Content.
5.1. All intellectual property rights in the Application and the Service – including but not limited to: the source code, object code, graphic designs, user interfaces (UI/UX), trademarks, logos, patents, encryption technologies, communication protocols, algorithms, plug-ins, trade names and any other trade secret – belong exclusively, fully and originally to the Developer (or to third parties who have granted the Developer a license to use them).
5.2. The Developer grants the User a limited-in-time, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to use the Application on a compatible end device that they own, and this solely for their legitimate private or business purposes and subject to full and good-faith compliance with all terms of this Agreement.
5.3. Strict Reverse Engineering Ban: The User, or anyone on their behalf (including their employees, partners or commercial competitors), is absolutely, categorically and unconditionally prohibited from performing reverse engineering, decompilation, disassembly, copying, modification, re-weighting, the creation of derivative works, or any other attempt to reveal, extract or copy the source code, the technological architecture or the secret encryption protocols of the Application.
6.1. The Application, the Service and their ancillary systems are provided for use "AS-IS" and "AS-AVAILABLE" without any undertaking, representation or warranty of any kind whatsoever, whether express or implied, on the part of the Developer.
6.2. The Developer hereby expressly disclaims and negates any implied warranty as to merchantability, fitness of the Service for a particular or specific purpose of the User, non-infringement of rights, or the continuous, proper, constant, secure and error-free or interruption-free operation of the Application.
6.3. Without derogating from the generality of the foregoing, the Developer does not undertake or guarantee that the Service will be absolutely immune against cyber attacks, unauthorized access (Hacking), breaches, hardware or software faults of server providers, failures in the internet network or in cellular communication, or the loss, corruption and deletion of data and messages. The User declares that they understand the risks inherent in digital networks and accept them upon themselves in full.
6.4. Combined tortious and contractual limitation of liability: Under no circumstances, and under no legal cause (whether in contract, tort, negligence, strict liability, unjust enrichment or otherwise), shall the Developer, its employees, managers, advisors, agents or suppliers be liable to the User or to any third party for any indirect, incidental, special, consequential or exemplary damages (Exemplary or Consequential Damages), including but not limited to: loss of profits, loss of revenue or savings, loss of information, corruption of data, harm to reputation, business shutdown, commercial harm, or a technological failure of the end device, arising from the use of, reliance upon, or inability to use the Application, even if the Developer was advised of the possibility of such damages.
7.1. Out of the express and informed agreement of the parties regarding the allocation of the commercial and legal risks between them, and to the extent that it is determined by a competent judicial instance and by a final judgment (the exception to the exemptions detailed in Section 6 above) that the Developer bears any liability or obligation of compensation towards the User, it is hereby absolutely agreed that the Developer's total, cumulative and final liability for any damage, loss, demand or cause of any kind whatsoever shall be limited and capped at a maximum ceiling.
7.2. The agreed compensation ceiling shall not in any event exceed the higher of the two: (a) the amount actually paid by the specific User to the Developer for the subscription or use of the Application during the three (3) months directly preceding the date on which the legal cause arose; or – (b) a fixed and final sum of NIS 100 (one hundred New Israeli Shekels).
7.3. This limitation of liability and ceiling are fundamental and constitute a preliminary, material and exclusive condition of the Developer's consent to grant the User a license to access and use the Application and its systems.
8.1. The User hereby undertakes to indemnify, compensate and defend the Developer, its managers, employees, shareholders, agents and suppliers, immediately upon its first written demand, against and from any claim, demand, damage, loss, liability, judgment, cost or expense (including reasonable attorneys' fees and actual legal costs) arising directly or indirectly from: a breach of any term of this Agreement or of the provisions of any law by the User or anyone on their behalf in their account; User Content that was uploaded, transmitted or distributed by means of the User's account in the Application; or a breach of the right of any third party, including but not limited to intellectual property rights, trade secrets, contractual rights, or privacy and publicity rights.
9.1. The Developer reserves the full and exclusive right, at its absolute discretion, without a duty to give reasons and without providing prior notice, to block, suspend, restrict or cancel the User's access to the Application, to delete their account or to block certain components, in any case of suspicion of a breach of the terms of the Agreement, unlawful conduct, offensive activity or a technological/legal risk to the system.
9.2. The Developer may, at any time, without liability towards the User, change, update, improve, or temporarily or permanently disable the operation of the Application (or any feature therein), or begin charging for features that were previously free, and the User waives any claim of reliance or right to compensation in respect thereof.
10.1. This Agreement, its interpretation, validity and enforcement, and any dispute, claim or controversy arising from it or connected to it directly or indirectly, shall be governed exclusively and exhaustively by the laws of the State of Israel, and this without giving effect or application to its international conflict-of-law rules (Choice of Law).
10.2. Exclusive local jurisdiction: Any dispute, claim, demand or legal proceeding between the User and the Developer shall be brought for exclusive and conclusive adjudication solely before the competent courts in the city of Ashkelon (Magistrate) and/or the District Court in Beer Sheva, as the case may be and according to the subject-matter jurisdiction conferred by law.
10.3. The User hereby agrees and irrevocably submits themselves to the exclusive local jurisdiction of these courts in the south of the country, and hereby expressly waives any claim or right regarding an inconvenient forum (Forum Non Conveniens) or a request to transfer the place of hearing to other districts.
11.1. Integration Clause: This Agreement, together with the Privacy Policy incorporated herein, represents the full, complete and summarized entirety of the understandings, representations and agreements between the User and the Developer with respect to the Application, and cancels or replaces any prior representation, correspondence, marketing, advertising, understanding or summary, whether oral or written.
11.2. No waiver: No delay, forbearance, indulgence or extension on the part of the Developer in insisting upon any of its rights or upon the enforcement of a particular provision under this Agreement shall be deemed a waiver of that right, and shall not prevent it from insisting upon its rights at any time in the future.
11.3. Severability: In the event that a particular section or term of the provisions of this Agreement is found by a competent court to be unlawful, void, cancelled or unenforceable (including under the Standard Contracts Law), the remaining sections of the Agreement shall remain in full, binding and enforceable effect. The section that was struck down or narrowed shall be replaced by a judicial instance or by the parties with a lawful and enforceable section that is closest in spirit, in its economic intent and in its original legal purpose to the original section.
11.4. Unilateral changes and updates: The Developer reserves the exclusive right to update, change or replace the terms of this Agreement from time to time at its discretion. An updated version shall be published within the Application. Continued use of the Application by the User after the publication or approval of the updated terms constitutes full and unreserved consent on their part to the new terms.
By using the Application and marking the confirmation checkbox, you confirm that you have understood all the terms detailed above and that you accept them upon yourself without any reservation.