My Tower – App Terms of Use

General
1. Welcome to the My Tower application (“the App”), operated by My Tower Ltd. (“the Company”). The App is intended to facilitate in the management of condominiums, residential complexes, and office buildings, and to enable users to access a range of related services, including personal services, content services, and concierge services, provided by management companies, condominium committees, service providers, or persons acting on their behalf. These Terms of Use (“the Terms of Use”) constitute a legally binding agreement between you, whether as an individual or legal entity accessing or using the App and/or the services made available thereunder (“the User” or “the Users”), and the Company, with respect to such access and use.
2. You are requested to read these Terms of Use carefully and to review them periodically, as by accessing or using the App and its services you acknowledge and agree to be bound by these Terms of Use, including the terms of the Privacy Policy [Link] (“the Privacy Policy”), as amended from time to time, without limitation or reservation. Users represent and confirm that they have carefully reviewed, understood, and accepted these Terms of Use. Any User who does not agree to these Terms of Use must immediately cease and refrain from accessing or using the App.
3. The Company reserves the right, in its sole discretion, to amend, delete, or supplement these Terms of Use at any time, without prior notice other than publication of the revised provisions within the App. Any addition to or modification of the App, its content, the services offered therein, and/or these Terms of Use shall become binding upon Users upon their continued use of the App. Continued use of the App following the publication of such changes shall constitute the Users’ conclusive acceptance thereof.
4. The binding and controlling version of the Terms of Use shall be the version published in the App. These Terms of Use are cumulative in nature, and shall be construed as coexisting and non-limiting. Users may elect to access certain, but not all, of the information and/or services made available through the App. In addition, certain services offered through the App may not be active at a given time and shall become available to Users upon activation thereof.
5. The section headings are included solely for convenience and reference and shall not be used for the purpose of construing or interpreting these Terms of Use.
6. These Terms of Use apply equally to all genders, and any use of the masculine form is for convenience only.
Use of the App
1. Use of the App, subject to these Terms of Use and the Privacy Policy, shall be permitted only if the User satisfies each of the following conditions:
  1. The User has the full legal capacity and has attained the legal age required to enter into a binding agreement.
  2. The User maintains a valid mobile telephone number at which the User may be contacted.
  3. The User maintains an active email account.
  4. The User complies with these Terms of Use and the Privacy Policy.
2. The Company reserves the right, in its sole discretion, to decline to register any user, and to suspend or terminate any User's registration, and in such event to delete any information uploaded by the User or collected by the Company in connection with the User's use of the App, with or without cause.
Description and Services
1. The Company reserves the right, in its sole discretion, to refuse to register any User, to terminate any User's registration, and, in such event, to delete any information uploaded by the User or collected by the Company in connection with the User's use of the App, with or without cause.
2. Payment:
  1. A User may pay for an Order by providing valid credit card details for a credit card accepted by the App and lawfully processed in Israel.
  2. For the avoidance of doubt, unless expressly stated otherwise, any amount displayed in the App with respect to any product or service shall be deemed inclusive of VAT.
  3. Following placement of an Order, the User shall receive confirmation that the App has received the Order details. An Order shall be deemed accepted only upon successful verification of the User's credit card details and receipt of the relevant payment authorization from the applicable credit card company. Unless expressly stated otherwise, the User's credit card shall be charged only after the Supplier has provided the ordered service, except where the relevant service is subject to automatic monthly billing. The User hereby authorizes the applicable charge upon completion of the Order.
3. Subject to registration, provision of the required information, and the availability of such option as determined by the relevant management company and/or condominium committee, Users may pay building committee fees and/or management fees through the App by authorizing recurring charges. The User hereby consents to such recurring charges in accordance with the provisions of the Consumer Protection Law, 5741-1981, and the regulations promulgated thereunder ("the Consumer Protection Law"). Subject to the Consumer Protection Law, the User may revoke such authorization at any time by contacting the Company or through the App settings.
4. Cancellation Policy:
  1. Cancellation of an Order shall be effected in accordance with the nature of the services ordered and subject in all respects to the provisions of the Consumer Protection Law.
  2. In the event of any malfunction in the App and/or any delay in the provision of services, the Company reserves the right to cancel an Order and issue the applicable credit to the User, without such action being construed as an assumption of responsibility and without derogating from any provision of these Terms of Use.
  3. The Users, including the Supplier, hereby declare their consent to the foregoing and irrevocably undertake, to the extent applicable, to act in accordance with the order cancellation policy set forth in this section.
Prohibited Uses of the App
1. Users are strictly prohibited from performing any of the following acts and/or omissions in connection with the App:
  1. Making any commercial use of the App, whether in whole or in part, other than communications between Users and external commercial entities as expressly permitted through the App.
  2. Copying, reproducing, modifying, processing, translating, reverse engineering, distributing, transmitting, displaying, performing, replicating, publishing, or storing the App and/or any content appearing therein.
  3. Operating any computer program, application, or other means, including crawlers, robots, or similar software tools, for the purpose of searching, scanning, copying, or automatically retrieving the App and/or any content appearing therein.
  4. Displaying the App and/or any content appearing therein within a visible or hidden frame (iframe), or displaying the same by means of any software, device, accessory, or communication protocol that alters the App’s original design and/or such content and/or removes any part thereof.
  5. Violating the rights of other Users of the App, including, without limitation, their privacy rights, and/or obtaining their private information by any means whatsoever, including automated means.
  6. Harming the dignity and/or privacy of another User, using the App or any content appearing therein to injure the good name or reputation of any person, and/or publishing any inciting, fraudulent, deceitful, defamatory, false, misleading, unreliable, harmful information, or any information reasonably likely to harm any person and/or entity.
  7. Using the App and/or any content appearing therein for the purpose of creating a database and/or collection.
  8. Engaging in any unlawful activity, or encouraging, soliciting, or advocating any unlawful activity.
2. The Company may allow users to post reviews, feedback, and questions in connection with the App and/or the information and/or services offered therein, as well as to contact the Company through the App with various inquiries and requests. The Company acknowledges that the App serves as a digital platform through which Users may, inter alia, provide feedback and/or information relating to the App, and the Company may, in its discretion, use reasonable efforts to consider such feedback and information for its internal purposes where appropriate. Without derogating from the foregoing, the Company assumes no responsibility or liability whatsoever with respect to any feedback, review, or question originating from Users of the App, and reserves the right, subject to applicable law, to remove any such content from the App.
3. Failure to comply with these restrictions may result in the suspension or denial of Users' access to the App and may further expose such Users to civil and/or criminal liability in accordance with applicable law.
Use of Information
1. Use of the App or any services made available through it may be subject to registration. In order to complete the registration process, and to log in to the App where applicable, you may be required to choose a username and password and provide certain information, including Personal Information and your mobile phone number. By providing your mobile phone number and proceeding with the registration or login process, and/or by requesting that a one-time verification code be sent to you, you hereby consent to receive SMS messages from the Company containing one-time verification codes for the purposes of registration, login, and/or identity verification. An SMS message shall be sent for each login and/or verification attempt, as applicable. If you opt out of receiving SMS messages or otherwise become unable to receive them, you may be unable to receive login and/or verification codes, and your access to the App or certain services may consequently be restricted. The provision and/or collection of Personal Information of any kind, and the use thereof, shall be carried out in accordance with the Privacy Policy, which forms an integral part of these Terms of Use.
2. Where required, Users must provide accurate, complete, and current details in order to enable prompt and proper use of the App without malfunction. It is hereby clarified that the submission of false details, including false personal details, is strictly prohibited, may constitute a civil wrong and, in certain circumstances, a criminal offense, and any person acting as aforesaid may be subject to legal, criminal, and/or civil proceedings, including claims for damages in respect of any loss caused to the Company and/or anyone acting on its behalf as a result thereof.
Ownership and Intellectual Property Rights
1. The App, and all content and information appearing therein, including the App’s design, music, photographs, images, audio clips, video clips, text, graphics, software, the App itself, computer code, and any other material, are protected by copyright and other applicable intellectual property laws and are owned by the Company and/or anyone acting on its behalf and/or by third parties who have authorized the Company to use the same within the App. It is strictly prohibited, without the Company’s express prior written consent, to modify, reverse engineer, copy, publish, distribute, transmit, publicly display, publicly perform, reproduce, license, create derivative works from, sell, transfer, or otherwise make available to any third party any part of the App and/or any content and/or information appearing therein.
2. All intellectual property rights in and to the App and/or any information and/or content appearing therein, of every kind and nature, whether registered or unregistered, including the domain name, patents, trademarks, trade names, brand names, source code, databases, copyrights, trade secrets, methods, the manner of presentation and design of the App, and any matter or detail related thereto, are and shall remain the sole and exclusive property of the Company and/or third parties who have authorized the Company to use the same, and all such rights are expressly reserved to the Company and such third parties. You may not copy, distribute, reproduce, sell, translate, modify, or perform any other act with respect to any text, code, image, trademark, photograph, video, or other content appearing in the App unless you have obtained the Company’s prior written consent.
3. The Company uses reasonable efforts to respect the rights of third parties. If any User of the App and/or any third party claims to hold rights in any content displayed in the App and/or objects to the Company’s use thereof, such person shall deliver written notice to the Company at the email address displayed in the App, specifying the exact location of the allegedly infringing material, describing the nature of the alleged infringement, and providing sufficient contact details to enable the Company to respond. Upon receipt of such notice, the Company shall review the request within a reasonable time, and if it determines that the use of the relevant content infringes the rights of a third party, the Company shall remove such content from the App.
4. Nothing in this Section shall be construed so as to derogate from any other proprietary right and/or remedy available to the Company.
App’s content
1. For the purposes of these Terms of Use and the Privacy Policy, the term “Content" shall mean any content whatsoever, including text, hyperlinks, design, images, graphics, software, charts, sound, video and/or audio clips, and the like.
2. The App may display content, publications, advertisements, articles, information, services, products, and/or other content of third parties and/or on their behalf, whether by referring Users to third-party digital platforms and/or by displaying such content within the App (“Third-Party Content”). For the avoidance of doubt, Third-Party Content is not operated by the Company, is not under the Company’s control, is not supervised by the Company, and is made available solely for the convenience and information of Users.
3. To the extent that the App includes and/or refers to Third-Party Content, such inclusion or reference shall not be construed as the Company’s approval, endorsement of, responsibility for, or guarantee of such Third-Party Content, including with respect to its reliability, currency, accuracy, or legality. The Company hereby clarifies that any such Third-Party Content does not constitute a recommendation and/or opinion on its behalf, and any reliance on any statement, opinion, position, proposal, advice, information, service, and/or other content displayed in the App and/or elsewhere that is not provided on behalf of the Company shall be at the Users’ sole discretion and exclusive responsibility. The Company is not involved in the creation, editing, and/or operation of such Third-Party Content and therefore recommends that Users carefully review any applicable terms of use and privacy policy relating thereto, if any, and/or contact the relevant owner in the event of any claim or request in connection therewith. It is further clarified that the Company does not guarantee that links to third-party websites or platforms shall be available or functional at all times. Users shall have no claim, demand, or cause of action against the Company in connection with any content included in the App, including any direct or indirect damage arising from the use thereof, access thereto, reliance upon any Third-Party Content, and/or any privacy violation resulting therefrom. Users are solely responsible for conducting all assessments and checks relating to any information, product, service, and/or benefit and, to the fullest extent permitted by applicable law, hereby waive any claim, demand, or cause of action against the Company in connection therewith.
Liability
1. The Company uses commercially reasonable efforts to provide Users with a high-quality and secure user experience through the App. Notwithstanding the foregoing, the Company does not warrant that the App shall be free from errors, bugs, interruptions, or malfunctions, and access thereto may from time to time be unavailable, interrupted, or limited, including as a result of maintenance, updates, technical issues, or circumstances beyond the Company’s control.
2. Users acknowledge and agree that the App, including any content, service, product, and/or benefit made available therein, is intended for use in the State of Israel, unless expressly stated otherwise, and is provided by the Company on an “As Is” and “As Available” basis. The Company uses reasonable efforts to ensure that the content appearing in the App is correct, accurate, and up to date. However, the Company does not undertake or guarantee that this shall always be the case, and such content may be incomplete and/or may contain technical or other errors. Accordingly, the Company shall bear no responsibility for the currency, accuracy, or completeness of any information made available through the App.
3. The Company shall bear no liability, whether express or implied, in connection with the App, including any content, service, product, and/or benefit appearing therein, including with respect to their fitness for a particular purpose and/or for the Users' requirements. The Users represent, warrant, and undertake that they are solely and exclusively responsible for any use they make of the App, including any content, service, product, and/or benefit appearing therein, and acknowledge that the Company is not and shall not be responsible, whether directly or indirectly, for any such use.
4. Without derogating from the generality of the foregoing, neither the Company nor any of its shareholders, directors, officers, employees, affiliates, or anyone acting on its behalf shall bear any liability whatsoever for any loss or damage, whether direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of business, loss of profits, interruption or disruption of work, loss of and/or damage to business information, reputational harm, and any other financial loss or damage, arising out of or in connection with the App, any content, service, product, and/or benefit made available therein, or any use thereof, including, without limitation: (i) any use of, or inability to use, the App, including any content, service, product, and/or benefit made available therein, for any reason whatsoever; (ii) any messages and/or files received by Users during and/or as a result of the use of the App, including any content, service, product, and/or benefit made available therein; (iii) any use of or reliance upon any information, data, verification, content, recommendation, service, product, deliverables, suitability for a service and/or position, or the like, published, displayed, and/or made available through the App and/or its use, whether by the Company or by third parties; (iv) any act and/or omission relating to any content of the App following its transfer or delivery to any third party; (v) any interruption, unavailability, or improper functioning of the App, including any content, service, product, and/or benefit made available therein, for any reason whatsoever, including as a result of failures or disruptions in internet or communications networks; and (vi) any loss or damage caused as a result of any error, mistake, omission, inaccuracy, or similar defect in the App.
5. It is hereby clarified that any disruption in the receipt by the Company’s systems of Users’ details transmitted through the App, for any reason whatsoever, including any malfunction attributable to the Company, shall not give rise to any claim, demand, or cause of action against the Company.
6. Users hereby undertake to comply with all applicable laws in connection with their use of the App and/or the software, including these Terms of Use.
7. The Users hereby undertake to indemnify, defend, and hold harmless the Company and/or anyone acting on its behalf from and against any damage, loss, loss of profit, payment, expense, reputational damage, economic damage, and/or commercial damage, including by reason of any demand, claim, judgment, settlement, execution proceeding, and including legal fees and legal consultation costs, arising directly and/or indirectly from any breach of these Terms of Use and/or any act and/or omission of the Users and/or from any charge, obligation, or liability imposed upon the Company and/or anyone acting on its behalf, for which, pursuant to these Terms of Use, the Company bears no responsibility.
8. The Company shall not be responsible for any unlawful activity that may be carried out by any User of the App and/or by any other party beyond the Company’s control.
9. In the event of any inconsistency between any content appearing in the App and these Terms of Use and/or the Privacy Policy, the provisions of these Terms of Use and/or the Privacy Policy, as applicable, shall prevail.
10. The limitation of liability set forth in this section shall not derogate from any other limitation of liability contained in these Terms of Use, the Privacy Policy, and/or applicable law.
Governing Law and Jurisdiction
1. Any use of the App, and any claim, demand, or cause of action arising out of such use or otherwise directly or indirectly related to the App, shall be governed exclusively by the laws of the State of Israel, without giving effect to any conflict of laws principles that would result in the application of the laws of any other jurisdiction. The competent courts located in Tel Aviv-Jaffa shall have exclusive jurisdiction over any matter arising out of or relating to these Terms of Use and/or the use of the App.
Miscellaneous
1. These Terms of Use constitute the entire agreement between the Users and the Company with respect to any use of the App and supersede any prior understanding and/or agreement, whether oral or written, relating thereto.
2. The Company may, at any time, transfer and/or assign all or any of its rights and/or obligations under these Terms of Use and/or the Privacy Policy to any third party, without prior notice and without being required to obtain the Users’ consent, provided that the Users’ rights under these Terms of Use are preserved. The Users shall not be entitled to grant, assign, or transfer, in any manner whatsoever, their rights and/or obligations under these Terms of Use and the Privacy Policy without the Company’s express prior written consent. Any purported assignment or transfer made without the Company's consent shall be null and void ab initio.
3. If any provision of these Terms of Use is determined to be illegal, void, or unenforceable for any reason, such provision shall be deemed deleted from these Terms of Use, and such deletion shall not affect the legality, validity, or enforce-ability of the remaining provisions. In such event, a similar lawful and enforceable provision closely reflecting the original intent of the deleted provision shall be deemed to apply in its place.
4. No delay, waiver, extension, postponement, or forbearance by the Company in exercising any of its rights and/or in requiring compliance with any provision of these Terms of Use, nor any consent by the Company to any deviation therefrom, shall constitute a precedent, be deemed a waiver and/or consent on the part of the Company, or give rise to any inference or analogy with respect to any other case.
5. Nothing in these Terms of Use shall create, or be construed as creating, any partnership, joint venture, employer-employee relationship, agency, or representative relationship between the Users and the Company.
Contact

For any matter, question, and/or request, Users may contact the Company at the following email address: contact@MyTowerApp.com. All correspondence addressed to the Company must include the sender's full contact details, including address and email address. The Company shall use commercially reasonable efforts to respond to inquiries within a reasonable time.

TERMS OF USE