Terms of Service

Last updated: March 27, 2025

1. Introduction

1.1. Welcome to SMS CRM (hereinafter referred to as "The Digital Services") of SMS2010.

1.2. SMS2010 is an advanced information operation and analysis system for insurance and finance professionals.

1.3. The following Terms of Use (hereinafter: "TOU”) consist with SMS2010 Privacy Notice regarding the use of the Digital Services and it apply only to the usage of our Digital Services. The term "Digital Services" refers to the website, in all its parts, and any content presented in them, including all information and content included in the Digital Services, whether visible to users or not.

1.4. The use of Digital Services for any purpose is governed by this TOU. The user's usage of the Digital Services shall be interpreted as consent to all the terms, conditions, and notices contained in this document. As a result, by utilizing the Digital Services (including any content that appears therein, including the use of the service), the user declares that he has read, understood, and agreed to this TOU.

1.5. The TOU agreement, coupled with the Privacy Notice, form a legally enforceable contract between the user and the Company.

1.6. The Company maintains the right to amend these TOU at any time and in its sole discretion, and all users are encouraged to return and check this page as frequently as possible. The changes to the TOU agreement will take effect on the date of the document's most recent update, and continuous use of the Digital Services after that date will constitute the user's consent to the changes. If the TOU Agreement is updated to meet a legal obligation, the changes may take effect immediately or as required by law. It is your duty to verify the TOU agreement and its update date on a regular basis.

1.7. The TOU applies to the use of the Digital Services and the content contained therein via any computer or other communication device (such as a smart mobile phone - i.e. "smartphone", tablet, etc.). The conditions of use also apply to the use of Digital Services via the Internet or any other network or means of communication.

1.8. The binding and determining conditions of use are those published on Digital Services at any time. The clauses of the TOU agreement are cumulative and not interchangeable and will be regarded as existing alongside one another rather than diminishing one another. It is clarified that the user may opt to review only some of the information, products, and/or services provided by the Digital Services. Furthermore, it is conceivable that some of the offered services are not yet functioning and will be available to the user once they are available.

1.9. In case these TOU conflict with any other publication, the contents of these TOU will prevail, unless clearly indicated differently.

2. Definitions and Interpretations

The words of which the initial letter is capitalized have meanings defined under the following conditions.

For the purposes of this TOU and Privacy Notice:

● "Company" -referred to SMS2010 Ltd. as either "the Company", "We", "Us" or "Our" in this TOU.

The Company full legal name, address, and phone is:

SMS Service Management Systems LTD

Eli Horowitz 27, Rehovot, Israel.

info@sms2010.co.il.

● "Personal Data" is any information that relates to an identified or identifiable individual.

● “Identifiable Individual” is one who can be identified, directly or indirectly, particularly by reference to an identifier.

● "The User"- Anyone who uses Digital Services.

● "Device" means any hardware that is used to access the Service such as a computer, a mobile device, or a digital tablet.

● "Service Provider"- means a third-party company or individual that provides specific services or solutions to the Company, often in relation to the processing of personal data or the delivery of certain features and functionalities within Our Website, application, or service. Service providers may include, but are not limited to, Web hosting providers, payment processors, and analytics companies.

3. The Use of the Digital Services

You may use the Digital Services, in compliance with this TOU.

3.2. Users are solely responsible for submitting data, its integrity, and correctness. The supply of incorrect or inaccurate data may have an impact on the information received because of using the Digital Services. The Company is not responsible for any harm or malfunction caused by entering false and/or inaccurate and/or partial information, including typing errors, and users shall have no claim and/or grievance against the Company as a result.

3.3. You may only use the Digital Services described above for personal purposes. Do not copy and use, or allow others to use, the contents in any other way, including in other websites, applications of all kinds, electronic publications, print publications, and so on, for any commercial or non-commercial purpose other than personal use.

3.4. In relation to the contents of the Digital Services, you may not activate or permit the activation of any computer application or other means, including software such as Crawlers, Robots, etc., for the purpose of searching, scanning, copying, or automatic retrieval of contents from the Digital services, you may not develop and use such means for establishing a compilation, collection, or database that will contain content that originates from the Digital Services or that was presented in them.

4. Limitations of Use:

4.1. These TOU do not offer you the right or license to change or modify the Digital Services or their content.

4.2. Illegal and/or contradictory usage of these TOU is prohibited, including, but not limited to, as follows:

4.2.1. alter, reproduce, replicate, copy, distribute copies, publish, imitate, or manipulate the Digital Services.

4.2.2. To develop materials based on the Digital Services.

4.2.3. Bypass, alter, tamper with, or obstruct safety components that protect the hardware and/or the Digital Services and/or Digital material.

4.2.4. Access or prepare a key (index) to the digital content using a robot, scanner, or other automated means.

4.2.5. Rent, lend, lease, sublicense, reproduce, display, distribute, or make available to a third party the content.

5. Privacy Notice

5.1. Types of Data Collected and How We Collect The.: While Using Our Service, we may request personally identifiable information from you that can be used to contact or identify you. This data may include, but is not limited to name, email address, phone number and the content of your message.

5.2. Purpose of Data Processing and Use of Your Personal Data. We may use Personal Data in accordance with this TOU, for the following purposes:

● To improve, support, and analyse Our services.

● To provide you with the requested services.

● To communicate with you: We may use your personal data to communicate with you about Our services, including marketing communications and promotional offers. If you have opted in to receive marketing communications from Us, you can always opt-out by following the instructions provided in the communication.

● To comply with legal obligations.

● For other legitimate business purposes.

5.3. Share and Disclose Your Personal Data

5.3.1. With Service Providers: We may share your Personal Data with Our trusted third-party service providers and subcontractors, who have agreed to confidentiality restrictions and who Use such information solely on Our behalf to help Us provide you with Services such as Cloud hosting services etc.

5.3.2. With Your consent: We may disclose your personal information for any other purpose with your consent.

5.3.3. Law enforcement and legal requirements: the Company may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities. Moreover, the Company may disclose your Personal Data in the good faith that such action is necessary to:

✓ Comply with a legal obligation.

✓ Protect and defend the rights or property of the Company.

✓ Prevent or investigate possible wrongdoing in connection with the Service.

✓ Protect the personal safety of Users of the Service or the public.

✓ Protect against legal liability.

5.4. Your rights:

● The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being Used.

● Request access to Your Personal Data.

● Request to correct Your Personal Data that might be incomplete or inaccurate.

● Withdraw Your consent to use your Personal Data. If you withdraw Your consent, we may not be able to provide you services as requested.

5.5. Processing and Answering Your request are Subject to legal and other permissible considerations, we will make every reasonable effort to honor Your request promptly in accordance with applicable law or inform you if We require further information to fulfill Your request. When processing Your request, we may ask you for additional information to confirm or verify Your identity and for security purposes before processing and/or honoring Your request.

6. Data Management

6.1. Data management will be carried out in line with the privacy notice and the TOU, including, but not limited to, as follows:

6.1.1. All information submitted by the user and/or someone on his behalf into the Digital Services will be truthful, genuine, complete, and up to date, and will be solely the user's responsibility. Incorrect and/or false information may result in the initiation of legal proceedings against the user, including the filing of a criminal complaint, the imposition of disciplinary measures, and/or the cancellation/termination of the service agreement, all in accordance with this document, the privacy policy, and the service agreement, if applicable.

6.1.2. When using the Digital Services, the Company will be able to manage information for the purposes of providing service, maintenance, resolving errors, and/or whatever else the customer requests, all in compliance with the privacy notice.

7. Confidentiality

7.1. The Company is committed for keeping all data confidential and not to transfer, expose, deliver, notify, copy, or disclose to any party, directly or indirectly, the information stored in the Digital Services, all in line with the privacy notice.

7.2. Without deviating from what is stated in these TOU, the Company is committed to complying with applicable laws, specifically the Israeli Privacy Protection Law, 1981, and the Privacy Protection (Information Security) Regulations, 2017.

8. Information Security

8.1. The Company values privacy and information security and invests heavily in safeguarding its users' information. As a result, it is ISO27001 certified.

8.2. However, keep in mind that no method of Internet transmission or electronic storage is completely secure. While We make every effort to use commercially acceptable safeguards to protect Your Personal Data, we cannot guarantee its complete security. Because the security of information is dependent in part on the security of the computer, device, or network you Use to communicate with Us, as well as the security you Use to protect Your User IDs and passwords, please take the necessary precautions to protect this information

9. User's Responsibility:

9.1. The user undertakes not to engage in any action that constitutes forgery, impersonation, deception, or fraud.

9.2. The user undertakes not to upload, retrieve, transmit, distribute, or publish any advertising-related information or material without the express and previous authorization of the Company.

9.3. The user acknowledges that, without constraining the Company's rights, if the Company believes that the user's use does not comply with the provisions of the TOU and/or any law, the Company will be entitled to take any action it deems appropriate to protect its property and/or rights and the rights of other users, including, but not limited to, preventing the user from accessing the Digital Services and recording and/or tracking the user's use of the Digital Services. It is also stated that the Company may disclose information about the user's identity and the actions he performed in the Digital Services to other parties, including if third parties demonstrate, in the Company's opinion, that they have been affected by the user's infringing action.

9.4. The user undertakes full responsibility for the Company and agrees to indemnify and/or reimburse it with his first demand for any damage, loss, expense, grievance, and/or claim and/or allegation that any third party may have in relation to what is written in this section.

10. Intellectual Property

10.1. The Company owns all intellectual property rights in all content in the Digital Services, including copyrights, ownership rights in information, patents, trademarks, distribution rights, and any other intellectual property in information. These rights include but are not limited to, the graphic design of the Digital Services, the databases contained therein, the information stored therein, the computer code of the Digital Services, and any other detail relating to their functioning. The user will have no ownership rights in the information.

10.2. Without prior written authorization of the Company, you are not allowed to make any commercial use of the information published in the Digital Services, in the database in the Digital Services, in the photographs appearing in them, or in other details provided by and/or on behalf of the Company. You may not use any data published in the Digital Services for the purpose of displaying it on a website or any other service without prior written authorization of the Company and pursuant to the terms of that consent, when granted. It is prohibited under this rule to gather data from Digital Services using software and/or to disclose such data to the public in a commercial manner or framework.

10.3. Do not perform any action, including but not limited to, Do not copy, distribute, publicly display, publicly perform, transmit, make publicly available, modify, process, create derivative works, sell or rent any part of the above, whether by you or another user and whether through or in collaboration with a third party, in any way or means, whether electronic, computerized, mechanical, optical, photographic, or recording means, or in any other way or means, without the prior authorization of the Company.

10.4. The name SMS2010, as well as other Company names, trademarks, whether registered or not, and so on, are all the sole property of the Company. They may not be used without the prior written authorization of the Company.

10.5. The user hereby undertakes not to publicly publish the information and/or any part of it, except in accordance with the TOU of the Digital Services. Moreover, The user acknowledges not to publicly publish any information and/or output of the information, whether printed or given as a file on magnetic media or in any other form, and not to reproduce, photograph, copy, or print any information and/or output as stated above from the information or any part of it for the purpose of distribution or publication in any way, and will not allow, either directly or indirectly, either for consideration or without consideration, to distribute or publish any information and/or output as stated above.

11. Miscellaneous

11.1. At its sole discretion, the Company may change the structure, visibility, content, scope of services provided, or any other aspect of the Digital Services. The user will have no claim, grievance, and/or demand against the Company for making such changes and/or for any errors or direct or indirect damages that result from the changes in the Digital Services, including the temporary or permanent suspension of the Digital Services.

12. Limitation of Liability

12.1. The Digital Services, as well as any data or information contained within them, can be used 'AS IS'. As a result, no claim, assert, or demand will be made against the Company and/or the digital information and services or through them, their accuracy, reliability, correctness, or frequency of publication, features, and manner of the service, capabilities, limitations, or suitability to the user's needs and requirements. The Company is not liable for any problems, losses, or damages that may arise as a result of using the Digital Services or relying on the information provided within.

12.2. The Company does not guarantee that the Digital Services will be available indefinitely. It is feasible and agreed upon that their activities will be hindered or halted for a variety of reasons. At its sole discretion, the Company may execute maintenance and/or refresh operations for the Digital Services, as well as design changes and/or any other action that may block access to them.

13. Indemnification

13.1. Each user undertakes to indemnify the Company, its employees, and any entity related to it or acting on its behalf for any harm, loss, damage, payment, or expense incurred as a result of a violation of these TOU (including attorney's fees and court costs), as well as for any claim, and/or demand raised against them by a third party as a result of the user's violation of any of these TOU.

14. Jurisdiction

14.1. The legislation applicable to the Digital Services and any matter related to them (including these TOU), as well as in any instance of a legal disagreement in direct and/or indirect connection with the Digital Services and/or their usage, is Israeli law alone.