Terms of Use
Welcome to ONGO! Kindly read the following Terms to understand the terms and conditions that govern your use of the Application.
1. General. These Terms of Use (the “Terms”) are a binding contract between you – a business providing various services to its customers (the “Business”), represented by an authorized user (“You” or “User”) downloading and/or using the Application (defined below) for the Business purposes, and EGO Digital Ltd. (hereinafter, the “Company”), governing your use of the ONGO Application (the “Application”). By downloading and using the Application, you are representing that you are a duly authorized representative of the Business, with all requisite power and authority to bind the Business by these Terms, that you are of legal age in your place of residency, and that you are agreeing the Business to be bound by these Terms. If you do not agree with any of the Terms, do not download and use the Application. The services provided by the Company to you through the Application are online scheduling services and text reminders to customers for your Business with its end users, clients or customers (“Customers”) and any additional functions provided by the Application as may be available from time to time through the Application (“Services”).
2. Permitted Uses. You may only use the Application as-is, in accordance with the functions available and as made available by the Company, and in accordance with and subject to these Terms. The Services provided through the Application are intended to assist you in monitoring and managing the Business’ scheduling with its Customers but is not intended to replace your discretion. You are allowed to download one copy of the Application in executable format to your mobile device (which could be a mobile phone or a tablet) through the application store available to you on your device. The owners of the Application remain the Company, and the rights you are granted here to use the Application do not include any interest or right of title in the Application.
3. The restrictions on use (things you are not allowed to do). You are not allowed in any way to do any of the following (and you are also not allowed to let or solicit anyone else do any of the following): (1)copy, reproduce, republish, frame, transmit, modify, display, reverse engineer, decompile, disassemble, sell, rent, lease, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, the Application Materials (defined below) (2) Remove any copyright or other proprietary notations from the Application Materials (3) Transfer the Application Materials to another person or machine. If you use the Application in violation of these Terms, the Company may terminate your license to use it, at any time and without prior notice, and without prejudice to any other remedies available to Company under any applicable laws. By using the Application and Services, your Customers will gain access to your calendar, the schedules appointments between you and your Customer, and open time slots available for Customer to make an appointment or other business information.
4. Intellectual Property. The code of the Application (both in human and machine readable forms) and its design (the “Code”), and all of the content contained in the Application, which includes the Applications’ design (functional, graphic, UX and UI), logos, text, graphics, images, illustrations, designs, icons, photographs, video clips, audio, and other content materials (collectively, the “Content“) are protected by patents, copyrights, trademarks, trade secrets and/or any other intellectual property rights under any applicable laws. The Code and the Content together form the Application Materials. All intellectual property rights in the Application Materials, are owned by the Company (or licensed to the Company by third parties who own those rights). The Company does not grant to the Business or to you any express or implied rights to use the Application Materials, other than as expressly allowed under the section “Permitted Uses”.
5. Disclaimer. The Application is provided as is. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any promises or representations that using the Application will lead to certain results or achievements, whether in the volume of Business transactions or number of Customers, or otherwise and Company disclaims any warranties, express or implied, relating to any such outcomes. Company also disclaims any liability related to any failure by the Business to reflect its availability or appointment setting policy through the Application or related to any temporary or permanent inability of any Customer to interact with the Business, set or cancel and appointment or otherwise interact with the Business through the Application. Company disclaims any liability in relation to any use of the Application that is not sensible or appropriate under the circumstances. You hereby understand and agree that any and all aspects of management of the Business’ Customers as well as compliance with any laws and regulations applicable to the operation of the Business and its Customers are the sole responsibility of the Business.
Company makes no warranties and have no responsibility and/or liability whatsoever for the products and services sold through the Application, their fitness for a particular purpose, their suitability for any purpose and their compliance with any specifications, including without limitation, any regulative demands, their uses’ implications and consequences. You are solely responsible and liable for the services and products you sell through our Application, their compliance with any applicable terms, laws and regulations and the consequences of the use made with them, as well as for your compliance with any law and regulation applicable to you, including, without limitation, for the transactions you make, export and import regulations, taxes, etc.
6. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE AMOUNT PAID BY YOU TO COMPANY IN CONSIDERATION OF USE OF THE APPLICATION; AND IF SUCH CONSIDERATION WAS PAID MONTHLY, THE AGGREGATE AMOUNT PAID BY YOU TO COMPANY IN CONSIDERATION A OF SUBSCRIPTION TO USE OF THE APPLICATION DURING THE 12 MONTHS PRECEDING THE OCCASION WHICH GAVE RISE TO SUCH PRESUMED LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
7. Terms applicable to users downloading the Application via the Apple App Store. These Terms apply only to the use of the Application if you obtained it via the Apple, Inc. (“Apple”) App Store:
• Both the Business and the Company acknowledge that these Terms are concluded between the Business and the Company only, and not with Apple, and that Apple is not responsible for the Application or the Content.
• The Application is licensed to the Business on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, subject to all the terms and conditions of these Terms; to use the Application on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the Application may be accessed and used by other accounts associated with your account via Family Sharing or volume purchasing.
• You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
• In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will not be Apple’s responsibility.
• Company and the Business acknowledge that Company, not Apple, is responsible for addressing any claims of you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement and discharge of any such infringement claim;
• You represent and warrant that you and/or the Business are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Both the Business and the Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
• Both the Business and the Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
• Account Setup and Subscription and Fees.
• Following downloading the Application, you shall be required to set up an account for the Business (“Account”). Any information that you provide in the Account set up or otherwise through the Account shall be true, accurate and complete, and you shall maintain such information updated at all times. If you provide any information that shall be deemed to be untrue, inaccurate, or incomplete by the Company at its discretion, Company shall have reasonable ground to suspend, or permanently terminate such Business use of the Application.
• In order to get an access to the various features and Services, you are required to choose one of the possible subscription plans as may be offered from time to time (a “Plan”): (i) Annual – Following the lapse of one year period, subscription automatically renews for an additional one year period. (ii) Monthly – Following the lapse of one month period, subscription automatically renews for an additional one-month period. Your account will be charged with subscription fees (the “Fees”) or renewal within 24 hours prior to the end of the current period. You may cancel the subscription at any time, and upon the completion of your current subscription period, in accordance with your Plan, the subscription shall not be renewed. No refund shall be paid. You can manage and cancel your subscriptions by going to myaccount.www.on-go.app
• Upon downloading the Application You may be offered a free trial period during which you will not be required to provide any payment details. At the end of your free trial period if you have not provided Payment Method (defined below), the Company shall lock your account. The length and the extent of access provided to the Application features during the free trial period may be altered from time to time as per Company’s sole discretion.
• Please contact us in case You are interested in use of the Services for large enterprises – you may be required to sign an offline order form that shall govern the commercial terms of subscription to the Services.
• Customers Payments to Businesses through the Application
• You may charge your Customers’ payments for the services and/or goods you sell (the “Customers Payments”), by using a feature of the Application. Any such payments shall be conducted by a clearing service provider, a third party payment processor (the “Payment Processor“).
• For this charging feature You will be charged by Company a fee equal to an agreed upon percentage of each Customer Payment, to be transferred directly by the Payment Processor upon Customer’s payment of the Customer Payment.
• Payment of Fees
• It is important that you know: payment of Fees will be processed a Payment Processor.
• You shall pay Company for the Fees through credit card or other payment mechanism that Company may accept from time to time (the “Payment Method”). You agree to provide to the Payment Processor the expiration date and other details of the payment method and authorize the Company, through its Payment Processor, to charge the Payment Method for all the Fees applicable to your chosen Plan. Upon cancellation or expiration of your payment method, you agree to immediately provide a new Payment Method and other information as may be required.
• Please note that the Payment Method and accompanying information You provide to the Payment Processor is not kept with the Company, but rather by such Payment Processor with whom the Company is in contractual relationship and who is committed to the required industry standards in payment processing.
• Application Changes and Modifications. The warranties contained in this section applies only to the extent the Business is using a paid subscription for the Application and shall not apply to any free of charge use of the Application Company will make reasonable efforts to keep the Application operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Company may at its discretion, or as a result of technical, security, or legal or regulatory reasons, from time to time change the Application or Application Materials without any notice, provided however that it shall maintain a consistent level of functionality and benefit as reasonably expected from the Application. The Business’ sole remedy in case of any interruption of use, malfunction or other bug or failure in the Application is, at the Company’s discretion, either the fix of such malfunction bug or other failure, or the termination of your use of the Application.
• Terms Modifications. Company may revise these Terms at any time in its sole discretion, which shall govern the use of the Application, and notification thereof shall be provided in accordance with your mobile app store policies. The Business may not assign usage of or access to the Service without the prior consent of the Company.
• Privacy. Our Privacy Policy https://on-go.app/privacy-policy/ is an integral part of these Terms, and it describes how we process and use your personal data.
• Governing Law. Any claim relating to the Applications or these Terms shall be governed exclusively by the laws of the State of Israel, without regard to its conflict of law provisions. The Parties hereby submit to the exclusive jurisdiction of the competent courts of Tel Aviv-Jaffa, Israel.
Contacts. Company’s address is 10 HaBarzel, Tel-Aviv, , Israel For any question, query, or complaint, you may contact us at hello@on-go.com .