CUSTOMER LICENSE AGREEMENT

The following key points of the Terms of Use are only brought for your convenience. These key points do not substitute the full Terms.

  • SensePass” developed and operates a platform connecting and allowing merchants to receive payments via e-wallets, mobile payment apps, credit cards and other payment methods. When you tap your mobile phone to make a payment order to a merchant that uses our platform, you will be automatically directed to a payment landing page where you can choose your preferred payment method (PayPal, Venmo, Bit, Credit Card, etc.). once you choose your payment method, we will facilitate the payment to the merchant.
  • Acceptable use. You may use the Service for your personal and non-commercial use. These Terms define the acceptable use of the Service and the actions you should avoid while using the Service.
  • Age restriction and eligibility. The Service is intended and permitted only for individuals 18 years of age or older.
  • Registration. You do not need to register to use the Service. The payment landing page will automatically open when you wish to make a payment order to a merchant that uses our Platform. However, you may register and open an account on the Service, which will allow you to track any purchases you made via the Service, register to customers loyalty memberships at your favorite retailers, and receive notifications of any special offers specifically relevant to you.
  • Account termination. We may temporarily or permanently deny, limit, suspend, or terminate your right to use the Service.
  • Privacy. We respect your privacy, as further explained in our Privacy Policy.
  • Intellectual property. All rights, title and interest in and to the Service, including all intellectual property rights, are owned by – or licensed to us. When you upload information to the Service, you represent and warrant that you are the rightful owner of all rights to such information or lawfully licensed by all the rightful owners to upload such information to the Service.
  • Availability. The Company does not warrant or guarantee that the Service will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
  • Fraud prevention. If you have any reason to believe that any transaction made via the Service is fraudulent or in any way infringes on your rights, please contact us at: support@sensepass.com
  • Disclaimer of warranty. The Service is provided for use as is. We disclaim all warranties and representations, either express or implied, with respect to the Service.
  • Limitation of liability. The Company, including anyone on its behalf, will not be liable to the maximum extent permitted by the applicable law, for any damage or loss, arising from, or in connection with the use of, or the inability to use the Service.
  • Law & jurisdiction. Use of the Service is governed by the laws of the State of Israel and subject to the exclusive jurisdiction of the competent courts in the Tel Aviv district.

 

SensePass – Terms of Use

INTRODUCTION

SensePass Ltd. (“SensePass“, “we”, “us”, “our”) developed and operates a platform connecting and allowing merchants to receive payments via e-wallets, mobile payment apps, credit cards and other payment methods (the “Platform” or “SensePay”). These terms apply to users of the Platform’s payment landing page in order to make a payment order to a specific merchant (the “Service”).

Please carefully read the following terms and conditions (the “Terms” or the “Terms of Use”). By choosing to make a payment via the Service you agree to be bound by these Terms and you signify that you have read and understood them. If you do not agree to the Terms, you may not use the Service in any way.

These Terms apply to and govern the use of the Service by any communication means (including smartphones, tablets, personal computers etc.). These Terms further apply to the use of the Service via the Internet or any other communication networks.

In addition, the service shall be provided and shall be used in accordance with any applicable law and/or applicable relevant policies including but not limited to acceptable use policies of the payments’ service providers (if any).

Use of the Service requires an online connection (Wi-Fi, cellular data, broadband) between your personal computer or mobile device and the Internet. You will not be able to access and use the Services without such a connection. You are solely responsible for all costs and expenses of such connection, as specified in your subscriber plan or contract with your communication service provider. Some of the features within the Services may be dependent on your wireless service and the wireless coverage within the area in which you are located at that time.

ABOUT THE SERVICE IN A NUTSHELL

Our Service is a platform connecting and allowing merchants to receive payments via e-wallets, mobile payment apps, credit cards and other payment methods. When you tap your mobile phone to make a payment order to a merchant that uses our platform, you will be automatically directed to a payment landing page where you can choose your preferred payment method (PayPal, Venmo, Bit, Credit Card, etc.). Once you choose your payment method, we will facilitate the payment to the merchant.

In addition, you may also choose to register and open an account on the Service, which will allow you to track any purchases you made via the Service, register to customers loyalty memberships at your favorite retailers, and receive notifications of any special offers specifically relevant to you.

You acknowledge that your mobile device includes sensitive components and that whenever you use it to access the Service, you must use and handle it with care and only in accordance with the instructions provided in its documentation and any other relevant usage guidelines. SensePass will not be liable for any malfunction, fault or defect or other damage to your mobile device caused in connection with your use of the Services, including for any direct, indirect or consequential damage occasioned to you or any third party with respect to any such malfunction, fault or defect.

AGE RESTRICTION AND ELIGIBILITY

If you are under the age of 18, you may not use the Service in any way. By using, accessing or registering with the Service, you declare that you are 18 years of age or older.

We reserve the right to terminate an account, if we find that you are younger than the minimum age specified above. We may request additional information to confirm your age at any time.

LICENSE

Subject to these Terms, we hereby grant you a worldwide, limited, revocable, non-exclusive, personal, non-sub-licensable, non-transferable, non-assignable right and license, until the termination or expiration of these Terms or the termination of your Service account, to use the Service in accordance with these Terms, for personal use only.

REGISTRATION AND SERVICE ACCOUNT

You do not need to register to use the Service. The payment landing page will automatically open when you wish to make a payment order to a merchant that is using our Platform. However, you may register and open an account on the Service, which will allow you to track any purchases you made via the Service, register to customers loyalty memberships at your favorite retailers, and receive notifications of any special offers specifically relevant to you.

When you submit information on the payment page, you must submit only true, accurate and complete details. Bear in mind that false, incorrect or outdated information may impair our ability to provide you with our Services and to facilitate your payment order to the merchant.

We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to use the Service.

We reserve the right to request additional information to verify your identity. If you fail to provide us the requested information, we reserve the right to suspend or decline your payment order, pursuant to these Terms.

USER ACCOUNT SUSPENSION AND TERMINATION

In addition to any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your use of the Service, prohibit you from accessing the Service and take technical and legal measures to keep you off the Service, if SensePass determines, at its sole discretion that –

  • You have abused your rights to use the Service; or,
  • You have breached the Terms; or,
  • You have performed any act or omission that violates any applicable law, rules, or regulations; or,
  • You have performed any act or omission which is harmful or likely to be harmful to SensePass, or any other third party, including e-wallets, merchants and other users of the Service; or,
  • You used the Service to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
  • You deliberately submitted false information or have failed to comply with our requests for information regarding your identity.

Upon termination of these Terms or your right to use the Service, for any reason –

  • Your right to use the Service is terminated and you must immediately cease using the Service; and
  • We reserve the right (but have no obligation) to delete all of your information stored on our servers; and
  • We will not be liable to you or any third party for termination of access to the Service or for deletion of your information.

The following sections shall survive any termination, or expiration of the Terms: Suspension and Termination, Privacy, Intellectual Property, Limitation of Liability, Indemnification, Governing Law & Jurisdiction, General.

ACCEPTABLE USE OF THE SERVICE

The following clauses define the acceptable use of the Service. Subject to the Terms, you may access and use the Service and the features provided through the Service, for your personal and non-commercial purposes only.

You agree to abide by all applicable local and international laws, regulations, rules and any usage guidelines that we may convey from time to time. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf. When using the Service, you must refrain from –

  • Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Service;
  • Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;
  • Interfering with, burdening or disrupting the functionality of the Service;
  • Breaching the security of the Service or identifying any security vulnerabilities in it;
  • Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
  • Using or launching any automated system, including robots, crawlers and similar applications to collect or compile content from the Service, or in such ways that may impair or disrupt the Service’s functionality;
  • Displaying content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design;
  • Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; or
  • Collecting, harvesting, obtaining or processing personal information of or about other users of the Service.

You may not access or use the Service in order to develop or create a similar or competitive product or service.

YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION THAT YOU SHARE, DISSEMINATE, TRANSMIT OR OTHERWISE COMMUNICATE THROUGH, OR TO THE SERVICE, OR WHEN USING THE SERVICE, AND FOR THE CONSEQUENCES ASSOCIATED WITH DOING SO.

WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY SUSPEND, TERMINATE OR BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR ABUSIVELY.

PRIVACY

We respect your privacy. Our Privacy Policy, which is incorporated to these Terms by reference, explains the privacy practices on the Service.

INTELLECTUAL PROPERTY

All rights, title and interest in and to the Service (except – as provided below with respect to users’ and third parties’ content), including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to SensePass.

Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Service, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from SensePass.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of SensePass and/or SensePay. You must refrain from any action or omission which may dilute or tarnish our goodwill.

CHANGES IN THE SERVICE AND DISCONTINUATION

We may, but are not obligated to, maintain the Service with periodic releases of bug fixes, code updates or upgrades. We will determine, in our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), for any of these releases or the lack thereof.

We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service.

Such changes, by their nature, may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.

We may, at any time, at our sole discretion, discontinue, terminate or suspend the operation of the Service, or any part or aspects thereof, temporarily or permanently, without any liability to you. We are not obligated to give any notice prior to such change, discontinuation or suspension.

CONFIDENTIALITY

You agree to regard and retain as confidential and not divulge to any third party, or use for any unauthorized purposes, any Confidential Information, as defined below, that you acquire during your access and use of the Service, without the written approval consent of SensePass. Without limiting the scope of this duty, you agree not to design or develop any products or services, which incorporate any Confidential Information. All Confidential Information remains the property of SensePass and no license or other rights in the Confidential Information is granted hereby.

Confidential Information” shall include, but will not be limited to, information regarding research and development related to the Service, inventions, whether patentable or non-patentable, discoveries, innovations, designs, drawings, sketches, diagrams, formulas, computer files, computer programs, hardware, app screen shots, software, manuals, selection processes, data, planning processes, trade secrets, business secrets, business plans, copyrights, proprietary information, processes, formulae, know-how, improvements and techniques and any other data related to the Service and its users. Confidential Information will include information in written, oral and/or any other form of communication.

SERVICE SUPPORT, AVAILABILITY AND QUALITY

The availability, quality and functionality of the Service depends on various factors, including software, hardware, communication networks, and the quality of broadband/cellular/WiFi network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free.

WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.

You acknowledge that the Service DOES NOT include any designated data back-up services, including with respect to any information that you upload, allow to be uploaded, use, or that we save on our servers.

We may, but are not obligated to, offer technical support in connection with your use of the Service, in the format, frequency, scope and scheme that we, at our sole discretion, determine from time to time. You will have no plea, claim or demand against us or our Staff in any matter related to our provision of technical support, or for the lack thereof.

FRAUD PREVENTION

Any merchant, e-wallet or any other payment method using the SensePass Platform is obligated to use it only for transactions made by its customers in good faith.

If you have any reason to believe that any transaction made via the Platform is fraudulent or in any way infringes on your rights, please contact us at: info@sensepass.com

In addition to any other remedy SensePass or any third party may have by law, SensePass reserves the right to immediately terminate a merchant, a payment method or e-wallet’s license to use its Platform if it receives a complaint of any fraud or deception on their behalf, without prior notice, and may report such complaint to the relevant authorities.

SensePass will bear no responsibility to any damage caused to you by such fraudulent transaction or report to the authorities.

CHANGES TO THE TERMS

We may amend the Terms from time to time. In such case, we will notify you of the amended Terms, through the Service. If you do not accept the amended Terms, we may terminate and block your access to and use of the Service. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. The latest version of the Terms will be accessible through the Service.

DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. WE AND OUR EMPLOYEES OR ANYONE ACTING ON OUR BEHALF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, YOUR USE OF THE SERVICE, ANY INTERACTION RELATED TO THE SERVICE AND ANY COMMUNICATION BETWEEN YOU AND THE SERVICE.

WE AND OUR EMPLOYEES AND ANYONE ACTING ON OUR BEHALF DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RELIABILITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY – REGARDING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

LIMITATION OF LIABILITY

WE AND OUR EMPLOYEES OR ANYONE ACTING ON OUR BEHALF SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE SERVICE, THE USE OF OR THE INABILITY TO USE THE SERVICE, ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, ANY FAULT, OR ERROR MADE BY OUR EMPLOYEES OR ANYONE ACTING ON OUR BEHALF, OR FROM ANY DENIAL OR CANCELATION OF YOUR RIGHT TO USE THE SERVICE, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR INFORMATION ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN SOLE RESPONSIBILITY.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of the Service that is in breach of these Terms.

GOVERNING LAW & JURISDICTION

These Terms shall be governed solely by the laws of the State of Israel without regard to its conflict of law provisions.

The Tel Aviv District Court shall have sole and exclusive jurisdiction over any claim in connection with the Service or in respect of any matter relating to these Terms.

GENERAL

Whenever used in these Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.

No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.

Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.

You may not assign or delegate these Terms or any of your rights, performances, duties or obligations hereunder. Any purported assignment or delegation, in contravention of the above, will be null and void. In the event of a merger, acquisition, change of control or the sale of all or substantially all of our equity or assets, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, in their entirety, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party. With such assignment, transfer and delegation, we are irrevocably and fully released from all rights, performance, duties, liabilities and obligations under these Terms.

The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.

CONTACT US

At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the Service or these Terms, at: info@snesepass.com or through any of our online contact forms.

Last updated: 3 April, 2022.