Welcome to the platform of Simultane Ba'avir Ltd. (Company No. 512885161) (hereinafter: the "Provider" or the "Company").
These Terms of Service (hereinafter: the "Terms" or the "Agreement") constitute a binding legal agreement between you, whether as an individual user or as an authorized representative of a corporation or organization (hereinafter: the "Customer"), and the Provider.
Please read these Terms carefully. Browsing, registering, logging in, or making any use of the platform constitutes your full and free-willed consent to these Terms and the Privacy Policy. If you do not agree to these Terms, in whole or in part, you are not permitted to use the platform.
Part A – Definitions, License, and Commercial Terms
1. Definitions
"The Platform": A SaaS service, application, or technological component developed by the Provider, used for simultaneous translation, transcription, summarization, voice, and text processing, based on artificial intelligence, language models, and real-time speech recognition.
"Deliverables": Any transcript, translation, summary, or output generated through the Platform.
"Authorized User": Any person acting on behalf of the Customer or with their approval who utilizes the Platform.
"Customer Information": Any material, audio, video, data, or information processed through the Platform by the Customer or anyone on their behalf.
"Order Form": Any online or physical document, price quote, or registration and pricing page on the Platform that details the scope of services and usage fees, and which has been approved by the Customer.
2. License to Use and Intellectual Property
2.1 Right of Use: Subject to the Customer's compliance with these Terms and payment, the Company grants the Customer a limited, non-exclusive, and non-transferable right to use the Platform for its internal or business needs. All intellectual property rights in the Platform remain solely owned by the Provider.
2.2 Usage Restrictions (AI Training): The Customer is prohibited from reverse engineering, copying, or using the Platform and its Deliverables for the purpose of training, developing, or validating artificial intelligence models, language models, or competing systems without prior written approval.
2.3 Non-Training of Commercial Models: Conversely, the Provider undertakes not to use Customer Information (including audio and content) to train its commercial AI models without the Customer's explicit consent.
3. Consideration and Payment Terms
3.1 Payment: The Customer shall pay the usage fees as detailed in the Order Form, the selected subscription plan, or the current price list on the website. The amounts do not include VAT as required by law.
3.2 Rate Updates: The Company is entitled to update its rates from time to time. Rate updates will apply to the Customer starting from the renewal date of the subscription period.
3.3 Delays and Service Suspension: Failure to pay on time will incur the maximum late payment interest permitted by law. The Provider reserves the right to suspend, limit, or block access to the Platform in the event of an outstanding debt, without any liability for compensation to the Customer.
Part B – Liability, Availability, and AI-Based Platform
4. Disclaimer for AI Outputs and "AS IS" Exemption
4.1 Technological Nature: The Customer declares that they are aware the Platform is based on artificial intelligence. It serves as a technological aid only and does not substitute human judgment, official/certified translation, or legal, medical, or professional advice. The Deliverables may include errors, biases, omissions, and material inaccuracies.
4.2 AS-IS Service: The Platform and the Deliverables are provided "AS-IS" and "AS-AVAILABLE". The Provider disclaims any express or implied warranties regarding their accuracy, completeness, or fitness for a particular purpose.
4.3 Waiver: The Customer waives any claim against the Provider for any direct or indirect damage caused as a result of relying on the Platform's Deliverables.
5. Operation, Infrastructure, and System Availability
5.1 Infrastructure Dependence: The proper functioning of the Platform depends on a stable internet connection, the Customer's equipment, and the absence of background noise.
5.2 Fair Use Policy: The Provider is entitled to throttle or temporarily suspend access in the event of usage that radically exceeds what is reasonable and acceptable.
5.3 Availability Target (SLA): In enterprise subscriptions that qualify for an SLA, the Provider commits to a reasonable effort for 98% availability.
Part C – Privacy, Data Security, and Limitation of Liability
6. Legality of Processing and Privacy Consents
6.1 Customer's Responsibility: The Customer declares and warrants that they hold sole responsibility for obtaining in advance all consents and approvals required by law from any participant whose voice is processed in the system.
6.2 Unlawful Use: Any unlawful, covert use of the Platform, or use without the participants' consent, will constitute a fundamental breach of these Terms.
7. Temporary Processing and Data Retention
7.1 Real-Time Processing: The Platform is designed for "on-the-fly" (real-time) processing and does not constitute an archiving or backup service.
7.2 Routine Deletion: Upon the conclusion of a room, content data and Deliverables will be deleted from the production environment. Metadata and technical logs may be retained for up to 72 hours.
7.3 Customer's Responsibility to Backup: The Customer bears sole responsibility for exporting, downloading, and locally backing up Deliverables in real time.
8. Limitation of Liability
8.1 Liability Cap: The total and aggregate liability of the Provider shall be strictly limited to the total amount actually paid by the Customer during the 12 months preceding the event giving rise to liability.
8.2 Exclusion of Indirect Damages: Under no circumstances shall the Provider be liable for any indirect, consequential, special damages, loss of profits, loss of data, or harm to reputation.
8.3 Force Majeure: The Provider shall not bear liability for delays or malfunctions resulting from events beyond its reasonable control.
9. Miscellaneous, Jurisdiction, and Amendments
9.1 Amendments: The Provider is entitled to change, update, or amend these Terms from time to time.
9.2 Governing Law: These Terms and the use of the Platform shall be governed solely by the laws of the State of Israel.
9.3 Exclusive Jurisdiction: Exclusive jurisdiction is granted solely to the competent courts in the city of Tel Aviv-Jaffa.
9.4 Severability: If any provision of this document is determined to be unenforceable, it shall not affect the remaining provisions.
