Time Merits

Terms of Use and Privacy Policy

Welcome! This document describes the terms of use for the “Time Merits” (“ Application” or “Service” interchangeably) and all its provisions constitute a binding agreement between the Application owners and the user (“ You” (single) or “You” plural)).

In order to contact the Application management at any time, please use one of the following email address: contact.time.bank@gmail.com

  1. Acceptance

BY DOWNLOADING AND INSTALLING THE APPLICATION ON YOUR DEVICE, YOU ACKNOWLEDGE THESE TERMS OF USE FOR THE APPLICATION AND AGREE TO THEM. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS OF USE, PLEASE CEASE TO USE THE APPLICATION AND REMOVE IT FROM YOUR DEVICE.

  1. Operating System Requirements

The Application functions properly only on Google's Android 5.00 or Apple's iOS 10 operating systems and higher.

  1. Service

The Application is an anonymous private massage Application, which allows You to anonymously send a message to one of Your friends who installed the Application ("The users" or “Users”).

THE APPLICATION OWNERS CANNOT GUARANTEE TO YOU OR TO THE OTHER USERS OF THE APPLICATION THE KIND AND QUALITY OF SERVICE GIVEN BY OTHER USERS. NEVERTHELESS, THE APPLICATION OWNERS DO AND WILL DO THEIR BEST IN ORDER TO IMPROVE THE QUALITY OF SERVICES.

The Application and all services provided in connection therewith are provided “AS-IS” and any and all warranties in connection therewith are hereby disclaimed to the maximum extent allowed under the law.

After installation, the Application creates your profile by verifying your phone number. Any missing information or attempting to block relevant information to the app will prevent the Application from creating the Application profile, thus making the Application's features unusable.

After installation and login, the Application creates your profile by copying the following information: Your photo, first and last name. The application allows you to pass minutes from one to another, and to view transaction history. Blocks and reports: each user may report another user, each user may block another user.

THE APPLICATION FORBIDS TO SENT ANY MESSAGE WHICH MAY CONTAIN ( A) INDECENT, HARMFUL, MALICIOUS, DEFAMATORY OR OTHERWISE UNWANTED OR ILLEGAL CONTENTS; (B) WEBSITE ADDRESSES (LINKS CANNOT BE OPENED DIRECTLY) OR CONTENTS WHICH ARE NOT REGULATED BY THE APPLICATION OWNERS; (C) COMMERCIAL CONTENT, PUBLICATIONS, OFFERS OR OTHER INFORMATION; (D) PRIVATE INFORMATION, SUCH AS FIRST OR LAST NAME, CONTACT INFORMATION (PHONE NUMBER, ADDRESS, E-MAIL ADDRESS, SOCIAL MEDIA USERS AND/OR ANY SUCH INFORMATION UPON WHICH THE USERS MAY BE CONTACTED) OR ANY OTHER METHOD WHICH CAN REVEAL YOUR OR THE USER'S IDENTITY, PUBLISHED BY YOU OR OTHER USERS (ALL ARE " FORBIDDEN PUBLICATION").

 

For Deleting/Reporting/Blocking Requests, please see Section 6 below.

   

  1. License

The Application owners grant You the limited use by scope and territory of the Application, which is non-transferable, non-assignable right to use the Application according to the terms of use. All designs, features, graphics (except from the emoji images), interfaces and multimedia elements, trademarks and service marks remain the sole intellectual property of the Application owners.

  1. Privacy

The Application owners are well aware and respect your privacy, and provide this privacy policy to help ensure your privacy and to make a well informed decision whether you want to use the application. If You do not agree with the privacy policy, do not use the application.

As of now, the Application owners do not collect any private information directly from You. The Application owners reserve the right to do so pursuant to future needs, while notifying You in advance.

YOU ARE AWARE THAT THIRD PARTIES, SUCH AS, GOOGLE ANALYTICS, MAY COLLECT STATISTICAL INFORMATION OR OTHER INFORMATION ABOUT YOUR USAGE. THE APPLICATION SHALL NOT BE LIABLE FOR ANY ACTION TAKEN BY THOSE OR OTHER THIRD PARTY COMPANIES, REGARDING COLLECTING INFORMATION OR OTHER ACTIONS THEY MAY UNDERTAKE.

Nevertheless, The Application owners hold all transactions privately on their servers. The Application owners DO NOT monitor the content of the transactions without the approval from you or use the content of the transaction for any other use. The Application owners' database and information are stored in third party servers, and therefore The Application owners CANNOT ensure and guarantee the full protection of the server from any hacking or any other violation of your privacy.

The Application owners are required to reveal its messages history to the state authorities by law when upon a warrant issued or that will be issued.  

THE APPLICATION OWNERS SHALL EXPLICITLY NOT BE HELD LIABLE FOR ANY ACTIONS TAKEN OR THAT WILL BE TAKEN BY YOU AND/OR THE USERS WHICH INVOLVE PRIVACY BREACH WHETHER INTENTIONALLY AND/OR INADVERTENTLY AND/OR THE PUBLICATION OF FORBIDDEN PUBLICATION PROVIDED BY OUR USERS THROUGH THE APPLICATION. THE APPLICATION OWNERS ASSUME NO RESPONSIBILITY FOR THE SERVICES, PRODUCTS, CONTENTS AND/OR INTERACTION WITH OTHER USERS. THE INFORMATIONS GATHERED BY GOOGLE OR APPLE ARE THE SOLE RESPONSIBILITY OF GOOGLE OR APPLE.

Like other applications requiring a login, the Application stored in Your device has a cache memory allowing You quickly log in to the application.

  1. Application usage

All rights reserved, You may not copy and/or duplicate and/or distribute and/or deliver any material or part of the material from this Application by any means, as well as the ones specified in this document, without the prior written consent from The Application owners. Failure to act accordingly might constitute trademark or copyright violations.

You strictly MAY NOT hack and/or attempt to hack any part of the Application systems and/or its servers and/or its databases and-

  1. You may NOT overload and/or spam the system;
  2. You may NOT forge any attempt to access the system communication protocols ;
  3. You may NOT sabotage the functionality of this Application and/or its servers and/or its databases.

The Application owners reserve the right to occasionally edit/modify the Application Terms of Use – without the need to notify and/or explain their decisions. Please re-visit this page to stay up-to-date on any changes. Additionally-

  1. By accepting these Terms of Use You agree that You will occasionally review the Application Terms of Use;
  2. By accepting these Terms of Use You agree to the terms of use even if they change in the future.

The most recent copy of the Application terms of use is available at the Application page at Google Play or App Store.

The Application reserves the right to dismiss any user, due to harmful use of the Application or any other reason.

 

  1. Deleting/Reporting/Blocking Requests

Deleting – Any user may delete his account. Deleting the account would not cause a permanent deletion from The Application owners’ server.

Blocking - Any user can block other user or users, or as a response to a message or by blocking the user through the contact list.

Reporting – Any user can report on other user, due to any use of forbidden publication or other offensive behavior. The user can report via menu option or by report the user through the contact us.

A substantial amount of reports may cause a dismissal of the user from using the application. Any user who is notified of such dismissal may address the Application to review the user dismissal.

  1. Advertisements, placeholders and direct emailing

The Application owners do not place ads or send SMS messages or direct emails through the Application. Nevertheless, The Application owners reserve the right to place advertisements and advertisement placeholders throughout the Application and/or anywhere within the Application and/or by sending SMS messages or direct emails, upon its sole discretion and without any need to explain their decision. In the event The Application owners begin sending advertisements, The Application owners will ask for Your consent to do so. In any case of receiving advertisements and/or commercial materials sent to You directly – You will have the option to opt out of the mailing list.

You may NOT post any kind of advertisements and/or commercial. Violating this section might cause some further action pursuant to the Application Owners' decision.

Any advertisement or commercial materials will only be published by The Application owners.

  1. Warranty Disclaimer

YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE APPLICATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.

THE APPLICATION OWNERS SHALL EXPLICITLY NOT BE LIABLE FOR ANY PROBLEMS REGARDING THE INACCURACY OF THE APPLICATION. THE APPLICATION OWNERS WILL DO THEIR BEST IN ORDER FOR THE APPLICATION TO WORK WITHOUT ERRORS. NEVERTHELESS, THE APPLICATION OWNERS CANNOT BE HELD LIABLE FOR DAMAGES, LOSSES OR OTHER CLAIMS ARISING FROM MISTAKES WHILE USING THE APPLICATION.  

THE APPLICATION OWNERS EXPLICITLY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS, INFRINGEMENTS OR DEMANDS WHICH MAY ARISE, UNDER ANY LAW, CONTRACT AND/OR LEGAL DOCTRINE, IN CONNECTION OR WITH RESPECT TO ANY ASPECT OF THE SERVICE AND/OR APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, THEORETICAL (INCLUDING LOSS OF GOODWILL OR LOSS OF PROFITS OF ANY SORT) OR INCIDENTAL DAMAGE OR LOSS OF ANY SORT.

THE APPLICATION OWNERS SHALL EXPLICITLY NOT BE LIABLE FOR ANY PRIVATE OR PUBLIC INFORMATION, INTENTIONAL AND/OR INADVERTENT, PUBLISHED OR THAT WILL BE PUBLISHED BY YOU OR THE USERS WHETHER AS PART OF A FORBIDDEN PUBLICATION OR ANY OTHER INFORMATION. THE APPLICATION DOES NOT RELATE TO ANY OF THE INFORMATION AND DOES NOT MONITOR IT ON DAY TO DAY BASIS.

 

  1. Limitation of Liability

IN NO EVENT SHALL THE APPLICATION OWNERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ANY OTHER AFFILIATES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY-

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION OWNERS SERVICE;
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE APPLICATION OWNERS SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION;
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION OWNERS SERVERS;
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED, BY ANY THIRD PARTY, TO OR THROUGH THE APPLICATION OWNERS SERVICE;
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA OTHER THIRD PARTY (NOT MENTIONED IN THESE TERMS OF USE), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE APPLICATION OWNERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
  7. THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION (UNDER THE GENERAL ARTICLE);
  8. ANY FORBIDDEN PUBLICATION OF YOU OR ABOUT OTHER USERS PUBLISHED BY YOU OR THE USERS, INTENTIONALLY OR UNINTENTIONALLY;
  9. ANY ACTION TAKEN DUE TO THE BLOCKING OR REPORTING OF YOU BY OTHER USERS.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE APPLICATION OWNERS SHALL NOT BE HELD LIABLE FOR ANY OTHER ACTIONS, LEGAL OR OTHER, BY ANY THIRD PARTY (MENTIONED IN THESE TERMS OF USE OR NOT) AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY UPON YOU.

  1. Indemnity

You agree to defend, indemnify and hold The Application owners harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from any aspect of Your use (or abuse) and access to the Service; or any violation of these Terms and Conditions; or any third party claims with respect to the same.

  1. No waiver

The Application owners maintain their right to choose the necessary means in which they choose to act to any violation/breach of the terms of use and that by not doing so The Application owners do not grant a waiver of any kind.  

  1. Ability to Accept the Terms of Use

You hereby affirm that You are over 16 years old, and fully able and competent to understand and enter into the terms, obligations, conditions, restrictions and warranties set forth in these terms of use. If You are less than 16 years old, You are not permitted to use this application.

  1. Modifications, malfunctions and termination of service

Considering everything written in this document, You need to keep in mind that the Application owners are not (and cannot) be completely held responsible for the availability of this Application and/or for keeping the Application operational, as this Application is hosted by a third party and is subject to risks that do not depend on it (e.g. communication failures, database errors and deletions, hacking, terminations, etc.)

The Application owners reserve the right to change their service provider and/or hosting services at any time and without the need to publicize this fact or explain their decision.

The Application owners reserve the rights to perform any kind of modifications to the Application and/or Application structure, user interface, graphics, presented content, back end, scope or availability of service at any time it wishes to it and without the need to notice or explain its actions and/or decisions. As the nature of such modifications – it might cause temporary service loss, data loss, errors and inconvenience. By accepting the terms of use You agree and declare that You will not have any complaints or claims to the Application owners because of these actions.

The Application owners reserve the right to terminate the Application operation and/or sell the Application and/or close the Application operation altogether and/or transfer the ownership of the Application to other owners at any time they so wish, subject to their sole discretion and without the need to publicize or explain their decisions. By accepting the terms of use You understand that executing this section might cause data loss.

  1. General

You agree that all the terms are binding with consideration to all copyright laws and rules under the Israeli law, American laws and other applicable international laws, conventions, treaties and agreements.  

You agree that-

  1. The Service shall be deemed solely based in Israel and any issue of dispute with respect to it shall be solely governed and resolved in accordance with the laws of the State of Israel. Therefore, any use of the application, out of the Israeli jurisdiction is the sole responsibility of You;
  2.  The competent courts in Tel-Aviv, Israel, shall have sole jurisdiction with respect to any issue or dispute in connection therewith;
  3. Any cause of action not commenced by any party hereunder shall be permanently time-barred one (1) year after it accrues.

Date of last modification: 21-01-2020