Effective from: February 08, 2019

  1. Definitions

    • “Content” means the Website, tasks, emails you draft and/or any written content you upload to blogs, online webpages, email clients (e.g. Microsoft Outlook, Google Gmail, etc.), the sorting and display of information and any other illustrative form in the above and in mailings.
    • “Service” means the Website, the user account including its instructions, other related products and services, personal support service if provided, and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.
    • “Emails” or “Texts” means any letters or other documents you form with the help of the Service.
    • “Account” means the account opened by Your name in the Website including Your registration; or any other use of the Service without creating an account.
    • “Website Errors” means any interruption in the Website’s availability due to reasons which are not directly controlled by the Operator.
    • “You” or “Users” means, inter alia, individuals, corporations and any other entities authorized by the Operator to use the Service and Your employees, consultants, service providers, agents and/or third parties which You have business with.
    • “Your Data” means all data and/or information in electronic form which You provide or as collected by the Operator in the Website during Your use of the Website.
  1. Introduction

    • 2.1. The use of the website “FormaText”, a platform which helps you, among other things, to form professional, clear and effective business emails or any other form of text, (the “Website” or the “Service”) is in accordance to the following sections and terms of use (the “Terms”) including the Privacy Policy of the Website and according to any applicable law. By using the Website, You signify that You agree to be bound by the Terms.
    • 2.2. The use of the Website is restricted solely to legal purposes and is restricted to individuals and/or corporations who are legally qualified (“You”).
    • 2.3. The purpose of the Terms is to regulate the relations between the operator of the Website, Word Wild Ltd. (the “Operator”) and any person and/or entity using and/or accessing the Website and the Service of the Operator. By using the Website, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the Website and refrain from any use of the Website. The Operator reserves its right to terminate Your use of the Website if You do not comply with any or all of the Terms.
    • 2.4. The Terms determine Your access to the Website and will apply to any of Your use in the Website including, but not only, use of data, content and services in the Website or links to other sources of information and on any transmission of data, and constitutes the legal basis to any of your actions and/or communications during any use of the Website.
    • 2.5. The Operator reserves its right to terminate Your use of the Website if You fail to comply with any or all of the Terms, and reserves its right to update the Terms from time to time at its sole discretion and without providing any prior notice. It is clarified that the binding terms will be the Terms available at the Website at the time of Your use of the Website. Therefore and prior to any use of the Website, You are advised to read thoroughly the Terms and the Privacy Policy. If You do not agree with all or part of the Terms, please refrain from any use of the Website.
    • 2.6. The Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the Website, the provisions of the Terms shall prevail.
    • 2.7. It is clarified that the Operator reserves its right to change and/or terminate the activity of the Website, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
    • 2.8. The Service is active and accessible at all hours of the day, every day, and You may use it at all times. However, the activity of the Website may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.
    • 2.9. If You have any questions regarding the Terms and/or Privacy Policy, you may contact the Operator by email: legal@formatext.com. It is clarified that the Operator’s contact details and the Operator’s availability are subject to change at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
    • 2.10. The Operator suggests, offers and/or recommends certain Texts for the purpose of assisting You to write Emails or any other form of text. However, the final decision regarding use of a Text is Yours, and therefore it is hereby clarified that the Operator is not liable for any communication between You and third parties which You write them Emails using the Service since the Operator serves solely as a platform which helps its Users to form professional, clear and effective business email, and the Operator does not control or decide the final text of any Email you write using the Service.
  1. Subscription Terms

    • 3.1. Users subscribing to the Service of the Website (the “Subscribers”) will be bound to the following terms in addition to all the Terms in this agreement.
    • 3.2. The User will be offered to subscribe to the Service by filling out a form and providing details as requested by the Operator, though the User may also use the Service without subscribing. It is clarified that the Operator may change any requested details from the User at any time and under its sole discretion; and the Operator reserves its rights to decline a subscription request and/or cancel a subscription plan with accordance to these Terms.
    • 3.3. You may sign up for a Basic account for free, and it is also possible to subscribe to several subscription plans at prices as determined by the Operator. The Operator may change the prices at any time as well as any of the Services at its sole discretion and You will not have any claims against the Operator in such cases.
    • 3.4. Subscribing to the Service is subject to a monthly or yearly fee according to the User’s choice which shall be charged in advance or on a monthly basis and at a fee as decided by the Operator from time to time. The Operator reserves its right to increase or decrease such fee and/or to change the available subscription plans at its sole discretion and without any prior notice. Upon choosing a monthly subscription plan, the User will be charged in advance on the day of purchase until the exact day of the following month (e.g. If a user purchased on July 18th, he will be charged again on August 18th) until the User cancels its subscription. In case of a decrease in the subscription fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction and the User shall not have any claims against the Operator in such case.
    • 3.5. Any subscription plan will be automatically renewed until cancelled by the User, and in case of a decrease in the subscription fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction and the User shall not have any claims against the Operator in such case.
    • 3.6. The User may pay via credit card or any other form of payment which is provided by the acquiring Operator the Service uses. It is clarified that the Operator may change, at its sole discretion, the payment methods at any time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
    • 3.7. Should a Subscriber not settle any payment of subscription fees, the following shall occur:
      • 3.7.1. The Subscriber will receive a reminder via email to settle any due payments;
      • 3.7.2. Should a Subscriber not settle such payment within 7 days from such notice, the Subscriber’s access to his account will be blocked;
      • 3.7.3. Should a Subscriber not settle such payment within 30 days from such notice, all of the Content will be deleted without any ability to restore any deleted Content.
      • 3.7.4. This section shall not derogate from the Operator’s rights to collect any unpaid fees including via taking legal actions against such Subscriber.
    • 3.8. It is clarified that the Services of the Operator shall not be considered as a replacement for storage and/or backup services and therefore the Operator shall not be liable for any loss and/or deletion of data and content uploaded by the User for backup and/or storage purposes. It is clarified that upon cancelling Your subscription, any data and content that You uploaded to the Website will be stored for a limited time as will be determined by the Operator and thereafter will be deleted without any ability to restore any deleted content.
    • 3.9. The Subscriber may cancel his subscription by contacting the Operator, and its subscription will be cancelled within 10 business days from the day of such request. It is clarified that cancellation of a subscription plan will not cancel any due payments and the Subscriber will not be entitled to any refund of any payments that were already paid, and it is clarified that all subscription fees are non-refundable.
    • 3.10. It is further clarified that the Operator reserves its right at any time and at its sole discretion to change the subscription fees and the Services it provides and/or to add additional features to the Service and the User shall not have any claims against the Operator in such case.
    • 3.11. The Operator reserves its rights to shut down the Website or any part thereof for any reason at any time at its sole discretion and You will not have any claims against the Operator in such case, and the Subscribers will not be entitled to any refund and/or payment deduction paid by them for the Services.
    • 3.12. The subscription is personal and non-transferrable.
  1. Liability and Limitation of Liability

    • 4.1. The Operator solely suggests, offers and/or recommends certain texts. However, the final decision regarding use of a text is Yours, and therefore it is hereby clarified that the Operator is not liable for any communication between You and third parties which You write them Emails using the Service.
    • 4.2. The Operator reserves its rights to act against a User which will breach any of the Terms including, but not only, blocking the User’s access to the Website and shutting down his Account without prior notice and under its sole discretion without refunding such User’s account in case of a breach, and the User will have no claims against the Operator in such case.
    • 4.3. The Operator shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to You resulting from Your use of the Website and/or resulting from Your reliance on any Content and Service available in the Website including any drafting of Emails.
    • 4.4. The Operator has no relation and/or connection to any of Your actions using the Service and the Operator is not liable for any of Your actions resulting from Your use of the Service and You will not have any claims against the Operator regarding any damage caused to You resulting from Your use of the Service.
    • 4.5. The Operator does not warrant that all links available on the Website, including links available on Mailings sent to You by the Operator, are active and/or will lead to an active website, and/or are considered up to date and current, and the existence of such link shall not be considered as any opinion, recommendation or advice regarding any content appearing in such link. In no case, shall the Operator have any liability to You regarding such matter. Without derogating from the above, the Operator shall not be liable for any damages, direct or indirect, caused to You resulting from Your use and/or reliance on information and content appearing in any third-party webpages, which their links may be available on the Website.
    • 4.6. The Services available on the Website may be interrupted and/or may face errors. The Operator does not warrant that the Website will be immune to any illegal access to the Operator’s computers and/or any damages, errors, faults relating to hardware, software and/or communication line and/or any other damage which may be caused to the Operator and/or any of its providers. The Operator shall not be liable for any direct or indirect damage caused to You and/or any third party including to Your assets, including, but not only, any damage resulting from loss of information or content uploaded by You.
    • 4.7. The information and Services available on the Website may include inaccuracies or mistakes. The Operator does not warrant that the Service will be uninterrupted or error-free or that the Service or the servers providing the Service will be virus-free or free from other harmful components. The Operator does not warrant that the use or the result of the use of the Service or the Emails written via the Service will be accurate, correct and/or reliable in any manner.
    • 4.8. You hereby agree that the Operator will not be liable for any unauthorized access to Your account including any change in content You uploaded and/or sent, whether received or sent by You or not.
    • 4.9. The Operator has no responsibility for any of the Emails You write using the Service since the Operator is solely a platform which assists You in writing Emails, and it is Your responsibility to verify the correctness of the Emails You write prior to using them or sending them to third parties. Any claims and/or demands You may have regarding the outcomes of the Emails including, but not only, any dispute between You and a third party which received the Emails You write via the Service should be addressed to the third party including such recipient, and you shall have no claim against the Operator regarding such member. It is Your responsibility to verify the details of Your tasks and any other use You make of the Service.
    • 4.10. The Operator enables You / the User to upload content including, but not only, replies to blogs uploaded by the Operator and written content You created (“User Content”). The following terms shall apply to the User Content in addition to the Terms.
    • 4.11. You hereby warrant to the Operator that You will not upload User Content which its content and/or purpose is offensive, infringing proprietary rights, including content which infringes copyrights or trademarks, pornographic content, content which is illegal to publish due to gag orders issued by a competent court, content using profanities, content which is defaming and/or violating one’s privacy, and computer software and/or computer code containing viruses, malicious software and harmful applications, passwords, usernames and other identifying data enabling the use of computer software, digital files, websites and services requiring registration of payment, freeware of registration, any information containing harmful, unlawful, obscene, libelous and/or racist content, information which may mislead third parties and/or any information which harms any acceptable norms of using the internet and which may harm the internet users, the Operator and specifically the Website Users.
    • 4.12. It is hereby clarified that the Operator is not liable for any communication between You and other Users using the Service.
    • 4.13. Should You breach any of the above, by negligence or on purpose, You will be held liable for any loss and damage incurred and/or may be incurred to the Operator which will have the right to terminate Your use of the Website immediately and to block Your access to the Website without prior notice and at the Operator’s sole discretion and You will have no claims against the Operator in such case. Furthermore, in such case, You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.
  1. Intellectual Property

    • 5.1. All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator.
    • 5.2. Without derogating from the above, the Website, all the webpages of the Website and their design, and all notices received by the Operator, including content and email messages that the User writes via the system, are solely owned by the Operator.
    • 5.3. You may not copy, reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing in the Website without the Operator’s prior and written consent.
    • 5.4. You may use the Content solely for Your own personal use and not make any commercial use of the Content except for any use related to Your tasks. You may not use the Content for any other purpose including, but not only, for promoting, advertising and/or marketing commercial entities.
    • 5.5. You warrant not to publish the Content or any part of it except as permitted in the Terms, and You warrant not to publish any product and/or output of information, whether tangible or intangible or in any other form, and You will not copy and/or duplicate and/or create derivative works and/or modify and/or adapt the Content for publishing, advertising, displaying, performing, transmitting, broadcasting, making available to the public, selling and/or any other action without the Operator’s prior and written consent.
    • 5.6. By using the Website, You agree that as long as the Website is active, any of Your User Content will be used and/or modified without receiving any payment, including royalties, and such use will not consist of any violation of the Terms and/or infringement of Your rights including any violation of any applicable copyright law and/or any other applicable law. It is clarified that the Operator may use any User Content under its sole discretion provided that such use will be reasonable and legal by any applicable law.
    • 5.7. The Operator may, at its sole discretion, add to the User Content its name, logo or any other text.
    • 5.8. The ownership and the intellectual property rights of contents of third parties including images displayed in the Website are owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Website. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Website, including any future changes to the Third Party Agreements.
    • 5.9. The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator via email address: legal@formatext.com
  1. Indemnification

    • You shall indemnify and hold the Operator and its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, members and attorneys harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) arising out of or relating to: (i) Your gross negligence or willful misconduct; and/or (ii) Your use of the Website; and/or (iii) Your Data; and/or (iv) Your breach of these Terms; and/or (v) the use by You of any third party's intellectually property, or any action or inaction by you that infringes or misappropriates the intellectual property rights of a third party or violates applicable law.
  1. Use of Personal Information

    • 7.1. The Operator respects the privacy of all users of the Website. Information regarding use of Your information can be found in the Privacy Policy.
    • 7.2. Upon registration, You will be requested to choose a username (email address) and a password. Such details are necessary in order to allow You to access limited areas in the Website. It is Your responsibility to keep such details with discretion and to update Your password occasionally so only You will be able to use them. The Operator and/or anyone on the Operator’s behalf will not be liable for any unauthorized use of Your account and/or personal area by anyone who uses Your details without Your permission.
  1. Mailings

    • 8.1. The Operator may offer to all its users to receive service notifications and email messages and/or newsletters and/or any means of communication about updates, improvements and other user notifications regarding the Operator’s activity, including via emails (the “Mailings”).
    • 8.2. It is clarified that at any stage You will have the ability to opt out of receiving the Mailings by contacting the Operator and/or by clicking on a link available on the Mailings sent to You by the Operator.
    • 8.3. For the avoidance of any doubt, the above terms in this section 8 are bound to applicable anti-spam regulations.
  1. Security

    • 9.1. The Website is protected and secured using advanced security tools which are intended to ensure safe and secure use of the Website and to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the Website including, but not only, theft of information of other users and breaching the security mechanisms of the Website. The Operator will act against You in such case by any means permitted by law including blocking Your access and use of the Website and taking legal actions against You in such case.
    • 9.2. Should You breach any of the above, by negligence or on purpose, the Operator will have the right to block Your access to the Website and You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.
  1. Term and Termination

    • 10.1. This Agreement commences on the day You start using the Website and continues until You refrain from any use of the Website and the Operator’s services.
    • 10.2. The Operator may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful); and/or (iii) the provision of the Service is no longer commercially viable. In the case of each of (i) and (ii) of this section the Operator shall, where possible, give reasonable notice of such termination.
    • 10.3. The Operator reserves its rights, at its sole discretion, to amend the Terms at any time by publishing such amendments in the Website and notifying of such amendment. Any amendment will become into force immediately upon notifying of such amendment. Your continuation of using the Website will be considered as consent to such amended terms.
    • 10.4. The Operator reserves its rights to shut down the Website or any part thereof without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.
    • 10.5. All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.
  1. General Terms, Governing Law and Messages

    • 11.1. This Agreement, including the Privacy Policy, constitutes the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted.
    • 11.2. The Account is personal and non-transferrable.
    • 11.3. If You have any inquiries regarding the Terms, You may address the Operator via email address: legal@formatext.com
    • 11.4. The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator’s behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on information available on the Website.
    • 11.5. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the courts of Tel Aviv, Israel, for any litigation and/or dispute arising out of this Agreement.
    • 11.6. All notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon 4 hours after sending an email with a confirmation of arrival provided that the Operator has not notified the sender that no message has been received.