Legal

2020

1.1.     Edge Opti Tech Ltd ("Company")operates and maintains a web-based platform through which any natural person or legal entity ("Person") entering into agreement with Compan yfor the use of the Platform by agreeing to be bound by these Terms and Conditions (which shall also deem to include Company's privacy policy located at Privacy Policy, incorporated here in by reference and forming an integral part here of ("Agreement") ("User"),and complying there with, may launch, process and manage sms-based advertising campaigns by using the services offered by the Platform, which currently include (i) delivery of short text messages (each, a "Message") sent using the Platform to Persons subscribed to mobile services offered by a telecom operator (each, a "Subscriber"), (ii) storage of Messages until they are sent, (iii) receipt of Messages from Subscribers, and(iv) tools for campaign management, records analysis and statistics generation (collectively, "Services").

1.2.     These Terms of Use govern User's access to and use of the Platform and Services. By accepting these Terms of Use, User represents that User has legal capacity to enter into the Agreement with Company and is not under the age of 16.

1.3.     The User's access to and use of the Platform and Services are expressly conditioned on User's full compliance with these Terms of Use. By accessing or using the Platform and Services User agrees to be bound by these Terms of Use.  If User is using the Platform and Services on behalf of an organization, User is agreeing to these Terms of Use for that organization and representing that User has the authority to bind that organization to these Terms of Use.

1.4.     User acknowledges and agrees that Company may revise these Terms of Use, the Platform and the Services from time to time without notice. By continuing to access or use the Platform and Services after Company makes any such revision, User agrees to be bound by the revised Terms of Use, Platform and Services.

1.5.     If User violates any of these Terms of Use, User's permission to use the Platform and Services will automatically terminate without any refund. Company reserves the right to revoke User'saccess to and use of the Platform and Services at any time, with or without cause.  Company also reserves the right to cease providing or to change the Platform and Services at any time and without notice.

2.    Services

2.1.     Services shall be rendered only to Users who are bound by these Terms and Conditions and who comply there with.

2.2.     A User may only use the Services through API or through the dedicated web-interface assigned thereto under the Platform and located at https://smsedge.com, access to which is conditioned upon authentication by providing unique login name and password("Personal account").

2.3.     Use of the Services is conditioed upon pre-payment of the prevailing fees then if effect, all as more fully setforth in the Personal Account. Such fees may be revised from time to time by Company at its sole discretion, without notice, and such new fees shall become binding and effective when appearing in the applicable segment of the Personal Account.

2.4.     The balance of any fees paid for Services not yet used are referred to here in as "Balance". Noservice shall be render to any User unless such User's Balance is positive.

2.5.     Messages may be limited in length, for technical or policy (including by third parties, such as telecom operators) reasons. Any Message exceeding such limitation shall be split into two or moreseparate Messages, each of which shall be sent and charged separately.

2.6.     Upon each Message sent to a Subscriber, the Balance shall be reduced accordingly. A Message shall be deemed sent to a Subscriber upon its delivery by the Platform to such Subscriber's telecom operator.

2.7.     When a Message is sent to a Subscriber, User shall be identified as the sender there of. Such identification shall be made by a unique combination of Latin letters and/or numbers, which may be limited in length ("Alphanumeric Name"). Such Alphanumeric Name shall be elected by the User. Company may reject any Alphanumeric Name suggested by the User if such name contradicts the requirements specified in these Terms of Use or does not correspond to the requirements of any telecom operator.

3.    Rules of Conduct

3.1.     User here by agrees and under takes to:

- Submit and promptly provide User's true data as required upon registration and as may be required by the Company from time to time.

- At all times conduct User's activities in accordance with applicable law, including, without limitation, obtaining consent from each Subscriber for receiving Messages prior to sending ant Messages there to in such manner and form as required by applicable law.

3.2.     User here by agrees andundertakes NOT to (including by choice of Alphanumeric Name):

-  hold User out as sponsored by, endorsed by, or affiliated with the Platform;

-  misrepresent User identity or impersonate any Person, or usethe Platform for any fraud or deceit;

-  send any Messages without obtaining the prior written consent of the Subscriber as required by applicable law;

-  use the Platform and Services to:

-  conduct or promote any illegal activities;

-  propagandize (i) war, national and religious discord, changeof the constitutional system or territorial integrity of the countries; (ii)fascism or neo-fascism; (iii) disrespect to national and religious relics; (iv)ignorance, disregard for parents; or (v) drug use and addiction, chemicalabuse, alcoholism, smoking and other bad habits;

-  Diminish, abuse or humiliate (i) any nation or race; (ii)any Person on any ground (including on ground of physical or mental imperfections or seniority);

-  promote, advertise or make available any information that isin any way, directly or indirectly (as may be determined by Company in its sole discretion) is or may be (i) unlawful, (ii) discriminatory, harmful (including to minors), threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable; (iii) infringingthe copyright, trademark, trade secret, or other intellectual property or other proprietary right of any Person; (iv) violating the privacy, publicity, confidentiallyor other rights of any Person; (v) false, inaccurate or misleading; (vi)containing marks for goods and services, or identifying details (e.g.: phonenumbers, names), of any Person the User is not affiliated to or engaged by;(vii) of sexual or erotic nature, or containing swear words; (viii) concerningor addressing minors (ix) promoting any telecom operator the Subscriber is not subscribed to; or (x) promoting any service competitive with the Services or any platform competitive with the Platform.

-  upload or transmit any form of virus, worm, trojan horse, orother malicious code; or

-  make available junk messages or Spam. As used herein, "Spam"means (i) any Message (a) with respect to which one or more complaints were received from Subscriber(s) or which could be identified as spam by the receivers country’s law, or (b) which cause any system to flag it as"spam" , or (c) which is considered as "spam" by applicable law; or (ii) any Message (regardless of content) that the receipt thereof was not pre-approved by its recipient ("Non-Approving Recipient"),if (a) the same or similar Message is sent to multiple recipients, or (b) the same or similar Message is sent multiple times to the same Non-Approving Recipient; or (c) the Non-Approving Recipient is not provided the option to terminate receipt there of; or (d) such Message is sent in breach or violation of these Terms of Use;

-  attempt to (A) interfere with any other Person's use of the Platform and Services, (B) modify, translate, adapt, edit, decompile, disassemble, reverse engineer, lease, rent, distribute, or otherwise transfer any of the rights that User received from, or by using of, the Platform and Services, or any software programs used by Company in connection with the Platform and Services; or (C) gain access to secured portions of the Platform and Services to which User has no permission to enter, including database, computer systems or servers; or

-  use any automatic or manual process to search or harvestinformation from the Platform and Services, to interfere in any way with the proper functioning of the Platform and Services, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Platform and Services.

4.    Privacy

4.1.     The privacy policy of the Platform and Services is set forth at Privacy Policy and isincorporated here to by reference to form an integral part of theses Terms of Use.

5.    Intellectual Property

5.1.     User acknowledges and agrees that Company and its licensors (as applicable) retain sole, full and exclusive ownership of all intellectual property rights of any kind related to the Platform and Services, including copyrights, trademarks and other proprietary rights ("Intellectual Property Rights"). No license is grantedhereunder to any Intellectual Property Rights. Other names that are mentioned on the Platform and Services or provided as part or in connection there with maybe trademarks of their respective owners. Company reserves all rights that arenot expressly granted to User here under.

5.2.     Company welcomes and encourages feedback, comments and suggestions for improvements to the Platform and Services ("Feedback"). User acknowledges and agrees that all Feedbacks will be solely and exclusively Company's property and User hereby irrevocably assigns to Company all right, title and interest that User may havein and to all Feedbacks, including without limitation all worldwide patentrights, copyright rights, trade secret rights, and other proprietary orintellectual property rights of any kind and nature.

6.    No Warranty

6.1.     User acknowledges and agrees thatCompany is not, and does not intend to, substitute User or User's management or personnel in any way, and is not responsible to provide any service other than the Services offered by the Platform. User agrees to obtain appropriate professional advice and to conduct User's activities as User deems required andat User's own risk and expense.

6.2.     The Platform and Services areprovided "as is", without warranty of any kind, either express orimplied. Without limiting the foregoing, Company explicitly disclaims all warranties, express or implied, regarding the Platform and Services, including any implied warranty of quality, availability, merchantability, fitness for aparticular purpose or non-infringement, and any warranties arising out ofcourse of dealing or usage of any trade, including without limitation to the Platform and Services being free from defect or any virus, worm, trojan horseor any other malicious code. USER HEREBY RELEASES COMPANY FROM ANY DAMAGES,CLAIMS OR OTHER CAUSE OF ACTION RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, TOTHE PLATFORM AND SERVICES. COMPANY MAKES NO WARRANTY THAT THE PLATFORM ANDSERVICES WILL MEET USER'S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,SECURE, OR ERROR-FREE BASIS. COMPANY MAKES NO WARRANTY REGARDING THE QUALITY OF THE PLATFORM AND SERVICES AND ANY SERVICE ASSOCIATED THEREWITH, OR TO THEACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SERVICE OBTAINED THEREBY. THE ABOVE SHALL ALSO APPLY TO ANY INFORMATION OR SERVICE USER MAY RECEIVE FROM COMPANY OR THROUGH THE PLATFORM AND SERVICES AT ANY TIME.

6.3.     Without derogating from the above,User hereby acknowledges and agrees that Company, the Platform and Services may rely from time to time on services provided by third parties, including, but not limited to, data network providers, hosting services providers, telecom operators etc. Any transaction may be temporarily refused, limited,interrupted, or curtailed due to government regulations or orders, network modifications, repairs and upgrades. COMPANY IS NOT, AND SHALL NOT BE,OBLIGATED TO PROVIDE ANY SERVICES WHERE SUCH FACTORS PREVENT IT. WITHOUTLIMITING SECTION ‎7 BELOW, USER AGREES THAT COMPANY SHALL NOT BE LIABLE FOR ANYLOSSES, DAMAGES, OR BUSINESS INTERRUPTIONS SUSTAINED AS A RESULT OF INTERRUPTIONS CAUSED BY DATA NETWORK PROVIDERS OR ANY OTHER THIRD-PARTYPROVIDER. Further, in case of sending multiple linked Messages the Company does not guarantee to the User the correctness of their sending to the Subscriber.The Company also does not guarantee the correctness of Messages sending to the Subscriber in case of Subscriber is in roaming.

6.4.     User is solely and exclusively responsible for all its communications and interactions with Company, Platformand Services, or any other Person with whom User may communicate, interact orengage in connection with or as a result of User's use of the Platform and Services, including Subscribers. User agrees and confirms that Company does not,and does not intend to, make any inquiries of any Person or verify theinformation any Person (including User) submits or provides using the Platform and Services or otherwise. User agrees to take precautions in all communications and interactions with any Person whether made on-line oroff-line.

7.    Limitation of Liability

7.1.     SUBJECT TO APPLICABLE LAW, IN NOEVENT SHALL COMPANY BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY DAMAGE, WHETHER DIRECT, INDIRECT OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCIDENTAL,CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, AND INCLUDING FURTHER,DAMAGES WHICH MAY ARISE IN CONNECTION WITH THE PLATFORM AND SERVICES,INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA,EMPLOYMENT OPPORTUNITIES, FROM BUSINESS INTERRUPTIONS, OR FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES OR THE PLATFORM AND SERVICES. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY TRANSACTION OR ENGAGEMENT BETWEEN USER AND ANY THIRD PARTY OR FOR ANYINFORMATION PROVIDED BY USER OR ANY THIRD PARTY. IN NO EVENT WILL COMPANY BELIABLE TO USER OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY PERSON.

7.2.     User hereby expressly agrees that Company shall have the right, but not the obligation, at any time or from time to time, and at Company sole discretion, to take any action to monitor anyinteraction or engagement resulting from the use of the Platform and Services by User or any third party. To the full extent permitted by law, User hereby releases Company from any claims or liability relating in any way there to.

7.3.    

7.4.     THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Company IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.5.     USER AGREES THAT USER'S SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THE AGREEMENT IS TO DISCONTINUE USING THE PLATFORM AND SERVICES. IN THE EVENT THAT A COURT HAVING JURISDICTION SHALLDETERMINE THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, COMPANY'S AGGREGATELIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY USER FOR THE APPLICABLE CAMPAIGN.NOT WITHSTANDING, IF USER ENTERS INTO A SPECIFIC WRITTEN AGREEMENT WITH THE COMPANY WHICH CONFLICTS WITH THIS SECTION, THE PROVISIONS IN THE SPECIFICAGREEMENT SHALL PREVAIL.

7.6.     WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, IT IS SPECIFICALLY AGREED BY USER THAT, COMPANY CANNOT, IS NOT AND WILL NOT BE RESPONSIBLE IN ANY WAY FOR (i) ANY SERVICES OTHERTHAN THE SERVICES OFFERED THROUGH THE PLATFORM; OR (ii) THE QUALITY AND RESULTSOF ANY SERVICES (INCLUDING THE SERVICES OFFERED THROUGH THE PLATFORM), THE INTEGRITY OR SUITABILITY THEREOF OR FOR COMPLIANCE BY ANY PERSON (INCLUDINGUSER) WITH ANY LAW, AGREEMENT OR UNDERSTANDING, OR BREACH THEREOF.

8.    Indemnification

8.1.     User shall indemnify and hold harmless Company (for purposes here in "Company" shall include its affiliated entities, shareholders, directors, officers, employees, legalcounsel, and agents) to the fullest extent permitted by law, from and againstany and all losses, claims, damages, obligations, penalties, judgments,liabilities, costs, expenses and disbursements (and any and all actions, suits, proceedings and investigations in respect there of and any and all legal andother costs, expenses and disbursements), including, without limitation, thecosts, expenses and disbursements, as and when incurred, of investigating, preparing or defending any such action, suit, proceeding or investigation asand when incurred, caused by, relating to, based upon, arising out of or inconnection with (i) any use of the Services or Platform by User; (ii) anyuntrue statement of any fact, or any omission to state any fact, in connection with User's use of the Platform and Services; or (iii) violations or breach by User of any of its representations, warranties, undertakings or agreements contained in these Terms of Use.

9.    Term and Termination

9.1.     The Agreement between Company andUser shall become effective only upon acceptance of these Terms of Use by User, and shall continue to be in effect until terminated by either Company or Useras set forth below.

9.2.     User may terminate the Agreement atany time by discounting using the Services and accessing the Platform. Company shall have no liability to User upon such termination, and User shall have noclaim to Company or any Person in connection there with, and waives any right to any refund or repayment of Balance.

9.3.     Company may terminate the Agreementat any time for any reason or so no reason by notice sent to the User's email address provided thereby. If such termination is for breach or violation of these Terms of Use or applicable law, or as a result of complaints received from third parties ("Cause"), Company shall have no liability to Userupon such termination, and User shall have no claim to Company or any Person in connection with termination of this Agreement or otherwise, and hereby waives any right to any refund or repayment of Balance. If termination by Company isnot for Cause, Company shall repay User the Balance and upon such repayment User shall have no claim to Company or any Person in connection with termination of this Agreement or otherwise, and hereby waives any right to any additional refund or repayment.

10. Severability

10.1.     In the event that any provision ofthese Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

11. Waiver

11.1.     The failure of Company to enforceany right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

12. Assignment

12.1.     User may not transfer or assign its rights or obligations under these Terms of Use or in connection with the Services and use of the Platform to any other Person without Company's express written pre-approval.

13. Law and Jurisdiction

13.1.     These Terms of Use will beexclusively governed by the laws of the State of Israel and by the courtshaving jurisdiction in Tel Aviv, Israel. Not withstanding, User agrees thatCompany may also seek equitable relief in any jurisdiction when appropriate and without deposit of bond.

14. Entire Agreement

14.1.     These Terms of Use are the entireand exclusive agreement, and replace any prior agreements, between Company and User regarding the subject matter hereof.

For any questions about these Termsof Use, please contact Company at contact@smsedge.com

1. Introduction

1.1 Edge Opti Tech LTD ("We", "Us" and the like) respects your ("You", "Your" and the like) privacy and is committed to protecting your personal data. This privacy policy (this “Policy”) will inform you how we look after your personal data when you visit our website. If you have any questions about this policy, please contact contact@smsedge.com.

2. Information about who we are

2.1 Our name is Edge Opti Tech LTD, a corporation existing under the laws of the State of Israel, Registration No. 515659878, having its registered address at Yigal Alon 94 St., Tel Aviv, Israel 6789139. Our contact email is contact@smsedge.com and our telephone number is +44 2081 232113.

3. Purpose of this policy:‍

This Policy aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you sign up to our website or purchase products or services from us. It is important that you read this Policy together with any other policy or notice we may provide so that you are fully aware of how and why we are using your data. This Policy supplements the other notices and is not intended to override them. This Policy, together with the cookie policy located at Cookies Policy is an integral part of the Terms of Use ("Terms of Use"), and together with the Terms of Use, this Privacy Policy constitutes an agreement between you and us. Capitalized terms used herein by not defined shall have the meaning ascribed thereto in the Terms of Use.

4.

4.1 If you have any concerns about how we are handling your data, you have the right to make a complaint to your data protection supervisory authority. We would, however, appreciate the chance to deal with your claims before you do so – so please contact us first if you have any claims.

5. Changes to the policy and your duty to inform us of changes:

5.1 This version was last updated on June, 2018. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

6. Third-party links:

6.1 This website may include links to third-party websites, plug-ins and applications. We do not control these third-party websites. When you leave our website, we encourage you to read the privacy notice of every website you visit. Please note that this website is not intended for children or minors and we do not knowingly collect data relating to children or minors.

7. The data we collect about you

7.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you. We have categorized this data as follows:

Identity includes first name, last name, username and title.

Contact includes billing and delivery address, email address and contact numbers.

Financial includes bank account and payment details.

Transaction includes details about payments to and from you and other details of products and services you have purchased from us.

Technical includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

Usage includes information about how you use our website, products and services.

Marketing and Communications includes your preferences in receiving marketing from us and our third parties and your communication preferences.

8.

8.1 We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

9.

9.1 Where we need to collect personal data by law, or under the terms of a contract we have with you and you do not provide that data, we may not be able to perform the contract (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us – however, we will notify you.

10. How do we collect your personal data?

We collect data from and about you as follows:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in electronic forms or by corresponding with us by post, phone or email. This includes personal data you provide when you: (a) apply for our products or services; (b) create an account on our website; (c) subscribe to our service or publications; (d) request marketing to be sent to you; or (e) give us some Feedback.

Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns by using cookies, server logs and other similar technologies. We may, from time to time, contract with third parties to optimize the Platform and Services and communications. To this effect, we may use web beacons, clear GIFs and Cookies provided by such third parties. More about Cookies in our Cookie policy located at Cookies Policy. We use cookies for the following purposes: preferences, statistics, marketing.

11. How we use your personal data

We only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract we are about to enter or have entered into with you.

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as the legal basis for the processing of your data, except regarding marketing offers we send you.

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