GoMixApp Terms of use

Please read carefully the following terms and conditions for the License and Use of GoMixApp platform before the use of it.

Note that by the use of GMA or by checking the “I Agree” box (“Acceptance“), You unconditionally accept and agree to:(1) all the Terms and Conditions as detailed below and (2) the Company Privacy Policy as published on the Company website and (3) all other relevant Terms and Conditions as declared at www.gomixapp.com ,and that your Acceptance shall establish a valid agreement between you and “The Network and Beyond LTD” (“Company“), which its terms and conditions are described as follows.

1. Definitions

GoMixApp platform (“GMA”): Is a Technological service made available by the Company for the: (1) Creating, storing, distributing and engaging with interactive online content (“Manipulating“) (2) Storing data that was gathered while using Customer Applications.

Domain Owner – A Company Customer (“Domain Owner“), and all those who acts on behalf of a Domain Owner (“Domain Participants”), who acts under the Company permission, with an administrator privileges, which is not transferable, for the Manipulating of a Domain. The Domain Owner has full responsibility, as per this Terms of Use and every applicable law, for each Manipulating made by him or by his Domain Participants and for the use of End Users in its Domain. Moreover, a Domain Owner will have the privilege to generate login and passwords for the purpose of access of End Users in to his Domain.

It is the Domain Owner responsibility to publish terms of use and privacy policy, which is (1) comply with this Terms of Use and Privacy Policy and (2) comply with any applicable law and (3) easily available for End Users.

GMA Domain (“Domain”) – A virtual space provided by the Company to a Domain Owner, in which only the Domain Owner can perform Registered Access. the Domain is a closed storage space where the Domain Owner and Domain Participants may interact GMA, while the use of a set of tools as acquired by the Domain Owner for that Domain. Data cannot be transferred between different Domains using the System – even if both Domains have the same owner. Although the Domain Owner might own, under any applicable law, some of the content in a Domain, it is clarified that only the Company own any digital visibility by GMA, as HTML page, of the Domain content.

It is the Domain Owner responsibility to insure the reliability, correctness, propriety, legality and fairness of any content in its Domain, and shall bear any consequence related for the infringement of this responsibility.

GMA Control Panel (“CPA“) – A web interface in which a Domain Owner and Domain Participants has the permission to access the Domain for Manipulating the Domain.

GMA Database (“Database”): A repository storing all the data related to the GMA – including, but not limited to End User information, Customer Applications, Uploads, Administration data.

Client-side App (“CSA“) – GMA branded application that can be downloaded or used by the End User. The CSA will display content according to the End User’s privileges as granted by a Domain Owner and/or the Company.

End User – Entity that uses the CSA to interact with the Domain (“End User“), while using a login and a password (if needed and granted), as per the permissions, as was given to him by a Domain Owner or by the Company. The End User will have No privilege to download any data out of the Database.

Subscription – the process in which any user of GMA will disclose any needed information (“Subscription Data“) for the purpose of approving his use of GMA by the Company. The Subscription Data may include: name, address, e-mail, age, ID number, payment method etc. Note that invalid Subscription Data might cause a suspension of your GMA use.

2. License; Access

Following the terms of this Agreement and your Acceptance therewith, the Company grants you a personal, non-exclusive, nontransferable right to use GMA and its templates.

Note that your Acceptance, grants the Company the total progrative to end your use of GMA (“Termination“), without any further notice, in case of any suspicions of violations of this agreement, made by you any party who acts on your behalf. Moreover, you acknowledge that in the event of Termination you, or any party who acts on your behalf, shall have No complaint or claim with the Company.

Moreover, your Acceptance mean that you approve and acknowledge any view, download, modification, duplication etc. of your data, information and content in GMA, in order to suggest you the supply of products and services.

3. Restrictions on Use

Your use of GMA is restricted only for the purposes as declared in the above “The Goal of GMA “. Therefor you shall not use GMA for any different purpose, specifically (1) you will not use GMA in abusive or inappropriate way, (2) you will respect any applicable law of your origin, (3) you will not use GMA for hacking or other malicious activities (4) you will report the Company if it comes to your intention that other violate this Terms of Use.

You shall not, nor shall you permit anyone else to, directly or indirectly use GMA in a way which does not respect the purpose for which it was intended. You may not: modify, distribute, copy, reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and software infrastructure of GMA.

Upon breach of the Terms of Use or any applicable Law by a Domain Owner and\or Domain Participants and\or End User (“Customer“), the Company reserves the right to suspend and\or cancel the Customer’s account or parts of it at any time. There will be no refund for pre-Paid Services, and auto-renewal will be cancelled automatically for all applicable services

If you are a Domain Owner

Your use of CPA is granted upon the completion of your subscription to through the Company website. By your Acceptance you declare that:(1) you are over the age of 18 ;(2) you will be bounded by all terms and conditions as stated herein;(3) you will supervise Domain Participants who operate on your behalf;  (4) you will supervise your permitted End Users actions on GMA;(5) you will bear all consequences of the actions made by you, your Domain Participants and your permitted End Userswhile the use of GMA.

The Company grants you the permission to Manipulate any content in your Domain; to grant a permission to End Users to use a Domain, that is owned by you; to use any of the free Company templates of GMA; to view and download data which were collected only by you and your permitted End Users.

It is clarified that If you are a Domain Owner, you will be fully responsible that your Domain Participants and End Users comply with all and any part of: (1) the hereby Terms and Conditions as detailed hereby and (2) the Company Privacy Policy and (3) all other Terms and Conditions as declared at www.gomixapp.com.

If you are an End User

Your use of CSA is granted upon the completion of your subscription to the CSA version of GMA, through your mobile or through the Product web site (https://www.gomixapp.com)or through GMA Control Panel (http://editor.gomixapp.com), and under the condition that you are over the age of 16. You must adhere to all relevant Terms and Conditions as stated herein; you shall bear any consequences of the actions made by you while the using GMA.

4. The Services

While using CPA the Company will offer the use of components and templates that are used as building blocks for CSA (“Components”). Those Components might have a limited lifespan. There for, at some point in time, a Domain Owner will no longer be able to use a Component for new Content and some old Component might become “non-functional”.

Although the Company does not commit to any functionality timeframe of the Component and even might terminate a Component totally, 90 days ahead notice will be given to the Domain Owner before the Component becomes unusable.

Although the Company purpose is to give you a stable use of GMA, your Acceptance mean that you acknowledge and approve that if your GMA account remains un active for a period of at least 1 year, the Company shall have the progative to erase any of your data and\or information and\or Domain content in GMA.

Paid Services

Some of GMA services may be subject to payment fees (“Paid Services”). Your Acceptance, while the Registration and purchase of a Paid Service, mean that you approve and acknowledge that:

• You understand and approve the payment of the Paid Services fees as indicated while your Registration to GMA.
• If while your Registration, you chose an auto-renewal option, then you will be charged automatically on periodically basis unless you actively turn-off your consent to use GMA Paid Services.
• You unconditionally approve that the Company will deprive any of your rights to use the Paid Services in case the Company will fail to charge (“Charge Failure“). Moreover, your approval is granted that in case of Charge Failure the Company will erase and delete within 14 days any of your data and activities records in GMA.
• You may cancel your Subscription with GMA at any time. If such will occur than the Company shall charge you accordingly to the below Downgrade policy.
• The Company reserved the right to change the cost of any of the Paid Services (“Fees Change“). If such will occur than the Company shall notify the Customers at least 14 days in advance. In case that a Customer consent to a Fees Change will not be granted, The Company will act in accordance with the below Downgrade Policy.

You may update the services portfolio of GMA at any time:

• If you will upgrade (Service enhancement or a new Service) – you will be charged immediately for a minimum period and later assimilated (if applicable) to the ongoing payment timeline.
• If you will downgrade (“Downgrade Policy“) – it will take effect at the end of the pre-paid period for the Paid Services. It is important to note that, as the Company may auto-renew ongoing charges up to a week prior to expire date – the Customer should perform the downgrades prior to this time in order to avoid auto-renewal for an additional month. Services will become unavailable to the Customer at the end of the subscription period as applicable.

5. Games and lotteries

Any use of GMA for the conducting of lotteries, sweepstakes, gambling (“Games“) is prohibited unless you ensure that the Games comply with applicable laws. Moreover, it is strictly forbidden to use GMA for the purchase of real lottery tickets while using real money.

A Domain Owner who generates a Domain for Games purposes, must clearly indicate his own name and the means of contact with him directly and indicate that the Company and the store which was used for the downloading of GMA has No connection to the Domain Owner and/or the Games.

6. Content

You shall not, nor shall you permit anyone else to use GMA, directly or indirectly, in an illegal way in your country and\or in a way which may degrade or humiliate people of different kinds and\or in a way which may harm children and\or in a way which may include inappropriate content as pornography and\or in a way which may promote violence or criminal activities and\or in a way that does not respect GMA policies and\or in a way that does not conform to the rules of professional ethics in your field of activity and\or in a way that does not respect the policies of the store that was used for the download of GMA.

7. Personal Information and Privacy

You may be asked to provide some personal information while downloading or using GMA. Note, that all your personal information shall be governed by the Company Privacy Policy, which is available at https://www.gomixapp.com/privacy-policy/.

Your Acceptance shall mean that you unconditionally accept and agree to the Company Privacy Policy.

8. Intellectual Property (“IP”)

Your Acceptance shall mean that you acknowledge that all IP rights of GMA are reserved solely to the Company. Moreover, you shall not use GMA in a way that may infringe or violate the IP rights of GMA and\or the Company and\or any other third party.

Note that the IP rights of the Company may include: Html code, algorithms, confidential information, Trademarks, Patents or any other rights as per to any applicable law. Specifically, it is forbidden to use any HTMAL code or Java script origin from GMA outside of GMA

Nevertheless, the Company shall not take into its possession any of your IP rights, just because of your use of GMA, if you were the owner of those IP rights before the use of GMA.

9. Support

Your Acceptance shall mean that you accept GMA “As Is” and that you are aware that the Company does not commit to support all versions of operating systems and\or hardware and \or all versions of every type of browser for web access. In general, the Company will aim to support mainstream hardware and browsers, and latest operating and browsers versions with reasonable backwards compatibility, but the Company does not commit to any timeframe during which an item will stay supported.

In order to simplify your use of GMA, the Company will publish continuously an up-to-date compatibility table. An item that will be taken off the compatibility table will become “not-supported.

Note, that from time to time there may occur some problems with GMA functionality. Moreover, you acknowledge that you are not entitled to any compensation, claim, support, upgrades, patches or any kind of help, and that you shall be solely responsible for your use of GMA.

10. Warranty Disclaimer

Although doing as much as it can, the Company does not warrant that the functions contained in GMA will meet any of your needs and requirements, or that No functionality problems and\or software problems and\or hardware problems (“Bug“) shall occur, while or because of the use of GMA.

Your Acceptance shall mean that you unconditionally release the Company from any responsibility for any of those Bugs and you accept your own and sole responsibility for any problem or incident which may occur as result of your use of GMA or a Bug event while the use of it.

The company encourages you to report it whenever you are concerned that your use of the GMA has been damaged as a result of a Bug.

If such Bug shall interrupt GMA functionality, the Company shall promptly address the Bug by the Company’s own priorities and judgment.

Note that the Company does not obligated for the changing, updating or adding of any feature to GMA.

11. The Right to Terminate or to Modify GMA

The Company reserves the right, to update and\or delete and\or do a partially or a full Termination of GMA (“Update“), for any reason and without giving any advanced notice thereof. In the event of an Update, The Company shall notify you by e-mail and/or by sending a push message to your mobile and/or via a notice letter on the Company website. Note, that your Acceptance releases the Company from any claim or demand arising or caused by an Update event.

12. Limitation of Liability

Your Acceptance shall mean that you explicitly acknowledge and agree that the Company shall have no responsibility to you or to any third party, for any indirect, incidental, special or consequential damage, including but not limited to loss of profits, goodwill, uses, data, time or other intangible losses, which might be caused by the use of GMA.

More Over you acknowledge that you free the Company of any responsibility to your Use of GMA and GMA Data Base.

13. Indemnity

Your Acceptance shall mean that you unconditionally accept that you shall fully and unconditionally indemnify the Company, its employees and managers in any case of any claim or demand arising out of your use of GMA.

14. Report

In case you were damaged and\or feel hurt and\or humiliated as a result of your and\or others activity, which is done during the use of GMA, do not hesitate to report it in any of the following ways: E-mail: [email protected], Postal address: Shderot Ben Gurion 6, Haifa, Israel, Phone: +972-4-6778811, and you shall be responded accordingly within 48 hours.

15. General

This Agreement may be canceled, conditioned, amended and modified by the Company at any time and for any reason whatsoever (“Agreement Update“). In a case of Agreement Update, the Company shall notify you by email and/or send a notice to your mobile and/or by notice letter in the Company’s website, and your Acceptance renewal of the new Terms shall be required for your continuity use of GMA.

The section headings and numbering of this Terms and Conditions agreement are presented for convenience, and without any legal effect.

This Agreement shall be governed by the laws of the State of Israel.

In any case of a dispute, arising out of your use of GMA, a significant attempt shall be made to reach understandings in an amicable manner. If such understandings cannot be reached, the conflict will be resolved by the Haifa court system.