REASONATE Terms of Use
Last Updated: July 8th, 2024
Welcome to “Reasonate.Vayomar.com” a platform that seeks to empower you with effective responses to anti-Isael rhetoric (the “Platform”) provided by Debate LTD (“Vayomar”, “we”, or “us”). These Terms of Use apply to your use of the Platform and are a legally binding contract between you and Vayomar regarding your use of the Platform.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CREATING AN ACCOUNT ON THE PLATFORM (an “Account”) OR OTHERWISE ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY (the “Privacy Policy”) AVAILABLE AT https://www.proisrael.vayomar.com/privacy-policy (together, the “Terms”).
IN ADDITION TO THESE TERMS OF USE, PLEASE READ THE PRIVACY POLICY AVAILABLE AT https://www.proisrael.vayomar.com/privacy-policy. FOR INFORMATION RELATING TO OUR COLLECTION, USE, STORAGE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION. THE PRIVACY POLICY IS HEREBY INCORPORATED INTO AND CONSTITUES AN ESSENTIAL PART OF THESE TERMS OF USE.
IF YOU DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE PERMISSION TO USE THE PLATFORM.
1. Description of the Platform
The Platform provides an interface where users with an Account can input social media posts and other anti-Israel rhetoric (“Post(s)”) and which uses artificial intelligence (“AI”), including Vayomar’s proprietary persuasion methodologies, to generate suggested responses to said Posts (“Response(s)”), intended to effectively advocate for and explain Israel’s position. The Platform is available for free for a limited number of Response generations (“Prompt(s)”) per month, and additional Prompts per month are available for purchase through the purchase of ‘service credits as set out in more detail on the Platform. Vayomar may, at any time and at its sole discretion, revise the number of free Prompts available to each user per month.
2. Eligibility
You must be at least 18 years old to use the Platform. By agreeing to these Terms and by creating an Account, you represent and warrant to us that: (a) you are at least 18 years old; and (b) your registration and your use of the Platform complies with any and all applicable laws and regulations.
3. Registering for An Account
To access the Platform, you must register for an Account. In order to register for an account, you must obtain an access code from an existing Account holder. When you register for an Account, you will be required to provide us with some information about yourself, such as your name, email address, date of birth, country or region of residence, links to your social media accounts or other contact information. You represent and warrant that: a) all information you provide on your Account is truthful and accurate; b) you will maintain the accuracy of such information; c) you are at least 18 years of age and have the capacity and authority to enter into this Agreement; and d) your use of the Platform does not and will not violate any applicable law or regulation. When you register, you will be asked to provide a username/email address and password (“Access Credentials”). You are solely responsible for maintaining the confidentiality of your Access Credentials, which includes not letting anyone else access or compromise your Account. You accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, then you should immediately notify us at info@vayomar.com. You may delete your Account at any time by sending a request to info@vayomar.com. If you send a request for deleting your Account, we may delete all your data and information stored on our servers and we will bear no responsibility for the deletion or loss of such data or information.
4. Purchase of Service Credits
As indicated above, each Account includes a limited number of free Prompts per month, which number may be revised at any time at Vayomar’s sole discretion. For additional Prompts, you must purchase per-use service credits ("Service Credits"). We may, at our discretion, provide Service Credits at no cost in exchange for certain actions taken inside an Account, such as recommending the Platform to new users or linking social media accounts. Additionally, anyone may purchase Service Credits to donate to a general pool, and such purchases may be used to fund the free Prompts granted to each Account on a monthly basis. Service Credits are not legal tender or currency and cannot be redeemed, refunded, or exchanged for money, nor do they have any equivalent value in fiat currency or act as a substitute for it. Service Credits do not grant any personal property rights, are non-transferable, and can only be used within the Platform. All sales of Service Credits are final. They are non-refundable and expire one year after purchase or issuance unless otherwise specified at the time of purchase. You can review your available Service Credit balance in your Account and are solely responsible for ensuring the correct amount is added or deducted. Your Service Credit balance is not a bank account, digital wallet, stored value account, or any other payment device. We prohibit and do not recognize any attempts to transfer, sell, gift, or trade Service Credits. Any such attempts violate these Terms and may result in the revocation, termination, or cancellation of the Service Credits and/or your access to the Services without refund, as well as the immediate suspension or termination of your account. Before you purchase any Service Credits, you will have an opportunity to review the fees that you will be charged and, as applicable, any other terms and conditions associated with your purchase. All fees are in the currency indicated to you on the Platform and are non-refundable. Unless otherwise indicated, the Fees published on the Platform are exclusive of any applicable value added taxes, goods and services taxes, duties, levies, or charges.
5. Third-Party Payment Processor
We utilize a third-party payment processor (the “Payment Processor”) to securely process payments made on the Platform. By submitting your payment information, you acknowledge and agree that: (i) you are authorizing the Payment Processor to charge your chosen payment method for any fees incurred or payments made on the Platform, (ii) you are subject to the Payment Processor's terms of service, privacy policy, and any other applicable terms and conditions, and (iii) Vayomar is not responsible for any errors or issues, including any data breach or any breach of applicable privacy law, arising from the processing of your payment by the Payment Processor.
6. Limited License
Subject to your complete and ongoing compliance with these Terms, Vayomar grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform and the Responses solely for the purpose of engaging in non-commercial activities supporting and advocating for Israel. You may not: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise exploit the Platform, whether in whole or in part, or any content displayed on the Platform; (b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform; (c) access the Platform in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Platform shall be subject to these Terms. If you are prohibited under applicable law from using the Platform, then you may not use it.
7. Feedback
We respect and appreciate feedback from our users. If you choose to provide input and suggestions regarding existing functionalities or problems with or proposed modifications or improvements to the Platform (“Feedback”), then you hereby assign to Vayomar all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback provided by you as non-confidential and non-proprietary. You agree that you will not submit any information or ideas that you consider to be confidential or proprietary. We have no obligation to provide you with attribution for any Feedback you provide to us.
8. Ownership; Proprietary Rights
a. You agree that all rights, title, and interest in and to the Platform, the Responses and the technology underlying each of them, and any modifications, work product and derivative works relating thereto, and all intellectual property rights in each of the foregoing, including, without limitation, patent, copyright, trademark, database rights, moral rights, rights in know-how and trade secrets (and any licenses in connection with any of them) throughout the world (including all copyrights associated with Responses), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world, are and will remain the sole and exclusive property of Vayomar, its licensors or affiliates. Vayomar or its licensors owns all intellectual property rights in the Platform. Except as set out explicitly in these Terms, you are not granted any rights to Vayomar’s intellectual property rights.
b. You hereby represent and warrant that you either (a) own all intellectual property rights in the Posts provided by you or (b) have obtained all legally required rights and consents to use the Posts provided by you as used on the Platform. You warrant that your input of Posts on the Platform will not infringe the rights of any third parties or be in breach of any applicable law.
9. Prohibited Conduct
You hereby agree not to:
a. use the Platform or the Responses for any illegal purpose or in violation of any law or agreement, including, for example, breach of rules and policies regarding hate speech or shaming applicable to the use of social media platforms;
b. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
c. access, search, or otherwise use any portion of the Platform through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Vayomar;
d. interfere with security-related features of the Platform, including by: (a) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Platform;
e. interfere with the operation of the Platform or any user’s enjoyment of the Platform, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform;
f. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Account, or falsifying your age or date of birth;
g. sell or otherwise transfer or share the access granted under these Terms or any right or ability to view, access, or use the Platform;
h. license, sublicense, distribute, or otherwise make your Account on the Platform available to anybody other than you;
i. use the Platform or any Responses in a manner that violates Applicable Law, including Applicable Law about data protection, privacy, or information security; or
j. attempt to do any of the acts or assist or permit any person in engaging in any of the acts, described in this Section 9 (Prohibited Conduct).
10. Copyright Notifications
Pursuant to the DMCA, Vayomar will process notices of alleged copyright infringement. To report infringement, submit a written notification to info@vayomar.com identifying the copyrighted work, its allegedly infringing location on our website or the Platform, your contact information, a good faith belief the use is unauthorized, and a statement that the information is accurate and you are authorized to act on the copyright owner's behalf.
11. Modification of Terms
We may, from time to time, modify these Terms at our discretion, such modifications to become effective immediately upon being posted at https://www.proisrael.vayomar/com/terms-of-use with respect to the Terms of Use or at https://www.proisrael.vayomar.com/privacy-policy with respect to the Privacy Policy. If you have an Account, we will notify you of any material modifications by email notification to the email address associated with your Account. Continued use of the Platform following the posting of modified Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, then you are not permitted to continue using the Platform.
12. Termination or Suspension of Access & Account
If you violate any provision of these Terms, then your authorization to access the Platform and your Account pursuant to these Terms automatically terminates and Vayomar may take any steps it deems necessary to enforce such termination including immediate deletion of your Account. In addition, Vayomar may, at its sole discretion and at any time, suspend your access to the Platform and/or your Account, with or without notice, if we deem it reasonably necessary to do so for any purpose including to protect the security of the Platform, to prevent damage to the Platform, to protect Vayomar from potential liability or harm, if we determine, at our sole discretion, that your use of the Platform is contrary to Vayomar’s goals and policies which include advocating on behalf of Isael, or to comply with applicable law or contractual obligations of Vayomar. If your Account has been suspended or terminated then you are prohibited from creating a new Account using a different name, email address or other forms of Account verification.
13. Modification of the Platform
Vayomar reserves the right to modify or discontinue all or any portion of the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, without notice to you. Vayomar will have no liability for any change to the Platform or any suspension or termination of your access to or use of the Platform.
14. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Platform and the Responses, and you will defend and indemnify Vayomar, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Vayomar Indemnitees”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Platform; (b) claims against Vayomar that your Posts, or any use of the Platform or the Responses not in accordance with the Terms infringes or misappropriates the intellectual property rights or any other rights of any third party; or (c) your violation of any portion of these Terms or any applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
15. Disclaimers; No Warranties
THE PLATFORM IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. VAYOMAR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND ALL RESPONSES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, EFFECTIVENESS OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE (C) ANY WARRANTY THAT THE PLATFORM WILL BE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS; (D) ANY WARRANTY THAT THE PLATFORM OR RESPONSES WILL BE UNINTERRUPTED, ACCURATE, UP TO DATE, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; AND (D) ANY WARRANTY THAT THE RESPONSES GENERATED FROM BY THE PLATFORM WILL BE ACCURATE, RELIABLE, EFFECTIVE, OR OTHERWISE MEET THE NEEDS, DESIRES OR EXPECTATIONS OF ANY USER. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PLATFORM, THE RESPONSES AND YOUR USE THEREOF. YOU UNDERSTAND AND AGREE THAT YOU USE THE PLATFORM AND RESPONSES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING COMPUTER SYSTEMS) OR ANY DAMAGE RESULTING FOM YOUR RELIANCE ON THE PLATFORM AND THE RESPONSES. EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 (DISCLAIMERS; NO WARRANTIES) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Vayomar does not disclaim any warranty or other right that Vayomar is prohibited from disclaiming under applicable law.
16. Limitation of Liability
a. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY OF THE VAYOMAR INDEMNITEES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY VAYOMAR INDEMNITEE HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
b. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE VAYOMAR INDEMNITEES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO VAYOMAR FOR ACCESS TO AND USE OF THE PLATFORM IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US $500.
c. THE LIMITATIONS IN THIS SECTION 16 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
17. Jurisdiction & Governing Law
These Terms are governed by and will be interpreted in accordance with the laws of the State of Israel, without regard to any principles of conflicts of law. You agree that any action to enforce these Terms or any claim or cause of action arising out of these Terms may be brought solely in the courts located in Tel Aviv-Jaffa, Israel. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms and waive any objections and defenses inconsistent with such venue.
18. No Class Actions
YOU AND VAYOMAR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
19. Miscellaneous (Exclusive Agreement; Assignment; Waiver; Severability.)
These Terms, including the Privacy Policy, are the entire and exclusive understanding and agreement between you and Vayomar regarding your use of the Platform. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
20. Use of OpenAI Technology
The Platform utilizes OpenAI technology to power certain tools and features of the Platform. By using the Platform, you acknowledge and agree that the underlying technology and intellectual property are provided by OpenAI. Your use of the Platform and Responses is subject to OpenAI's terms and conditions, and any data processed through the Platform (including the content of any Posts) may be subject to OpenAI's data use policies.
21. Contact Us
For any questions or concerns, please do not hesitate to contact us. You can reach us via email at info@vayomar.com.