Terms of Service

Welcome to irua.app (hereinafter: the “Service” or the “Platform”), operated by Activated Digital Ltd (hereinafter: the “Company” or “we”). These Terms govern your use of the Service, including the website, the management interface, the API and any further mechanism we provide from time to time. Continued use of the Service constitutes your consent to the terms set out below. If you do not agree to any of them, please refrain from using the Service.

1. Basic definitions

• “The User” — any person or corporation consuming the Service, whether as an organizer or as a guest on the public-facing end.
• “Organizer” — the account holder on the Platform who creates an event, manages an invitee list and sends messages on their own behalf.
• “Guest” — a person who receives an invitation, completes a registration form, purchases a ticket or confirms attendance within an organizer’s event.
• “Account” — the combination of permissions, events, lists and information associated with an organizer on the Platform.
• “Ticket” — a digital attendance confirmation, free or paid, issued within an event.
• “Message unit” — one credit for sending a single WhatsApp message by the organizer via the Platform.

2. Capacity to contract

Use of the Service is limited to persons aged 18 and over who have legal capacity. Use on behalf of a company is conditional upon the User having the authority to bind that company to the undertakings in these Terms. We are entitled to require documentation to verify identity, and to refuse to open an account or to continue providing the Service if such documentation has not been supplied to our reasonable satisfaction.

3. User account and security

When opening an account, correct, complete and up-to-date details must be entered. The login password is personal and non-transferable. The User is responsible for every action carried out in their account, even if they were not actually aware of it, as long as they have not notified us by email of misuse.

We employ customary security measures, but absolute security cannot be guaranteed. In the event of a suspected intrusion into an account, unusual activity or a breach of these Terms — we are entitled to suspend the account immediately pending clarification.

4. Structure of the Service and the roles

irua.app is a software platform (SaaS) that enables an organizer to manage their event. The Company is not a party to the relationship between the organizer and their guests. Any representation, promise or undertaking concerning the content of the event, its taking place or its terms — is that of the organizer alone.

When a guest purchases a ticket or confirms attendance through the Platform, the transaction is concluded between the guest and the organizer. The Company serves solely as a technological conduit for conveying information, payment clearing (where relevant) and sending messages.

5. Plans, free trial and usage limits

The Service is offered in a number of plans, including a free plan (“Free”) with limits on features and usage volume. The contents of the free plan — including the number of active events, monthly message units, data storage and team permissions — may change from time to time at our business discretion, without prior individual notice.

The Company is entitled to set fair quotas (“Fair Use”) on sending volume, API request rate and server-resource usage, with the aim of maintaining stability for all users. Continued exceeding of these quotas may lead to throttling, temporary suspension or a demand to upgrade the plan.

6. Message units, pricing and billing

Sending WhatsApp messages is carried out using message units that are consumed from the account. The unit rate ranges between ₪0.10 and ₪0.20 per unit, depending on the package purchased and the quantity in it. The current rate is displayed at the time a package is purchased and on the account’s billing page.

Two billing tracks

• Prepaid: purchase of a package through the packages screen, a one-off charge and crediting of the account with the corresponding units. These units accumulate in the account until used and do not ordinarily expire.
• External Billing: in certain cases — mostly large business customers — external billing outside the system may be arranged. Under this track, sending is carried out under a separate arrangement with the Company, and we will not deduct units from the account wallet.

Delivery of the message to the cellular network does not guarantee its arrival at the recipient’s device, since network availability, operator blocks, incorrect numbers or switched-off devices are not within the Company’s control. Units consumed on such sends will not be refunded, unless otherwise determined in a specific arrangement. The rules for the use of WhatsApp sending, including the consent requirement under the Communications Law, are set out in the Messaging Policy.

7. Paid ticket sales and payment processing

An organizer is entitled to define paid ticket types within an event. Payment clearing is carried out via an external clearing provider — as at the date of this document, Upay — subject to its terms of use and privacy policy. The Company does not hold and does not store payment-method details in its systems.

Upon successful completion of a guest’s payment, the Platform will record the ticket as paid and will issue a confirmation with a QR code. The Company is entitled to charge the organizer a service fee for each successful payment transaction, in addition to the clearing provider’s fees. The rate of the service fee, to the extent it is set, will be displayed to the organizer in the event settings.

Non-completion of payment, its cancellation by the provider or a chargeback — will result in the ticket being marked inactive and automatically cancelled. This section does not release the organizer from direct responsibility for any monetary dispute with the guest.

8. Cancellations, refunds and credit requests

Customer cancellations on the organizer’s part

The refund policy for guests is determined by the organizer and displayed in the event. Unless otherwise stated, the following default shall apply: a ticket purchaser is entitled to request cancellation within 14 days of the date of purchase, provided that the request was received at least 7 business days before the date of the event. Cancellation fees of 5% of the transaction or NIS 100 (whichever is the lower) may be charged, subject to the Consumer Protection Law, 5741-1981.

Subscription and package cancellations

Use of the Service may be terminated at any time by closing the account. A payment made for a plan or for a message package that has not yet been used will be refunded on a pro-rata basis, unless otherwise determined in a separate commercial agreement. Message units that have already been used are non-refundable.

9. Organizer obligations and ownership of the data

The organizer confirms and declares that all guest details entered into the Platform — names, telephone numbers, email addresses, form responses and any accompanying information — are collected by the organizer lawfully and with the guest’s consent, and that the organizer holds all the permissions required to transfer them for processing through the system, including for the purpose of sending invitations, RSVPs and marketing messages, to the extent relevant.

The Company will make available to the organizer tools for extracting, exporting and deleting information about their guests, and will not make any independent commercial use of this information. The Company is entitled to make use of aggregated and anonymous usage data for the purposes of improving the Service, performance analysis and statistical needs.

9.1 Cancellation of an event, or a material change to it

If the event is cancelled, postponed, moved to another venue or materially changed in any other respect, responsibility for handling this rests with the organizer alone, and the organizer undertakes:

1. To notify on their own initiative and without delay all holders of tickets issued for the event, and to notify the Company of the same.
2. To bear full responsibility — legal and financial — for issuing refunds to guests, including the refund of the full consideration paid for a ticket to an event that was not delivered. Under the Consumer Protection Law, 5741-1981, a consumer is entitled to restitution in respect of a service that was not provided, and that obligation lies with the organizer as the party selling the ticket and producing the event.
3. To indemnify the Company in respect of any demand, claim or expense incurred by it as a result of the event not taking place or being changed.

10. Prohibited uses

It is prohibited to make any of the following uses of the Service:

1. Sending marketing messages to recipients who have not lawfully given their consent (“spam”), including a breach of section 30A of the Communications Law (Telecommunications and Broadcasts), 5742-1982.
2. Sending unlawful, misleading, threatening, vulgar or offensive content.
3. Use of a false identity, creation of fake accounts or impersonation of another person.
4. Attempting to circumvent security mechanisms, billing limits or usage quotas.
5. Operating bots, automated scripts or data-mining tools other than through the documented API.
6. Using the Service for the purpose of prohibited gambling activity, sale of products prohibited by law, or any clear breach of law.
7. Attempting to copy, reverse-engineer or replicate a core component of the Platform.
8. Selling, transferring or offering for sale a ticket issued through the Platform at a price exceeding its stated face value, or using the Platform for the purpose of ticket scalping. Section 194A of the Penal Law, 5737-1977, prohibits the sale of a ticket to a public event at a price higher than the price stated on it. A ticket sold or transferred in breach of the above may be cancelled with immediate effect, with no refund to the seller or the buyer, and without derogating from any other remedy available to the Company or the organizer under law.

The Company is entitled to suspend, restrict or block with immediate effect an account that breaches this section, and this is in addition to any other remedy available to it under law.

11. Intellectual property

All rights in the Platform — including the code, the user interface, the logo, the trade name “irua.app”, the templates, the photographs and the marketing content — belong to Activated Digital Ltd or to its licensors. The User is granted a personal, limited, non-exclusive and non-transferable licence to use the Service in accordance with these Terms.

Content uploaded by the organizer (logos, images, invitation wordings, lists, and the like) remains in the organizer’s full ownership. The organizer grants the Company a technical licence, limited to the duration of its necessity for the operation of the Service, to display, store and send the content on the organizer’s behalf.

12. Service availability, maintenance and feature changes

We strive for high availability of the Service, but do not undertake availability of 100%. Planned interruptions for maintenance purposes may occur, as well as unforeseen outages originating in provider failures, communications networks, or force majeure events.

We are entitled to add, update, restrict or discontinue certain features in the Service, provided that a core feature which was included in an active paid plan shall not be withdrawn without providing the User with an equivalent alternative or prior notice as set out below.

The Company undertakes to give written notice of at least 30 days in advance in each of the following cases:

1. Discontinuation of the Platform, in whole or in material part, other than as a result of a breach by the User;
2. Permanent closure of an active organizer account on a paid plan;
3. Withdrawal of a core feature included in an active paid plan.

Notice will be sent to the email address registered on the account. This undertaking does not apply to the suspension or closure of an account as a result of a breach of these Terms, including a breach of section 10, in which case the Company is entitled to act with immediate effect as stated in that section.

13. Limitation of liability and indemnity

The Service is offered “As Is” and “as available”. Subject to any law that cannot be contracted out of, the Company shall not bear liability for any indirect, consequential, incidental or special damage, including loss of profits, loss of business opportunity, loss of data or damage to reputation — even if it was warned in advance of the possibility of such damage.

In the aggregate, the Company’s liability on any cause of action whatsoever arising from the Service shall not exceed the amount actually paid by the User to the Company in the 12 months preceding the event giving rise to the cause of action, or NIS 500 — whichever is the higher.

The User undertakes to indemnify the Company and hold it harmless against any claim, demand or expense (including reasonable attorney’s fees) originating in a breach of these Terms by the User, in a breach of law committed by the User, or in content uploaded by the User to the Platform.

14. Changes to these Terms and notices

We are entitled to update these Terms from time to time. A material change — that is, a change that significantly worsens the User’s rights or adds a new monetary charge — shall not enter into force before the lapse of 15 days from the date on which it was published on this page and/or a notice was sent to the subscriber at the email address on the account. Continued use after the commencement date constitutes consent to the updated terms.

Notices on our part shall be deemed to have reached their destination upon their being sent by email to the subscriber’s address, or upon their publication in the account interface.

15. Governing law and jurisdiction

These Terms and everything connected with the use of the Service shall be governed exclusively by the laws of the State of Israel. Exclusive jurisdiction in any dispute is vested in the competent courts in the city of Tel Aviv-Yafo, and the parties hereby consent to this jurisdiction and waive any claim of forum non conveniens.

16. Contact details

For enquiries, questions or complaints relating to these Terms or to the Service, contact may be made with:

Activated Digital Ltd
Company No. 514400597
Email: info@activated.digital
Telephone: 03-52-444-11

Additional legal documents

These Terms are drafted in the masculine grammatical form for reasons of convenience only and are addressed to all genders alike.

This English version is provided for convenience only. The binding version of these Terms is the Hebrew version; in the event of any discrepancy or conflict between the versions, the Hebrew version shall prevail. Hebrew version — תקנון השירות