This agreement is between Elkabetz Yazamut Ltd. (אלקבץ יזמות בע״מ), company no. 515872067 ("the Company"), and anyone who uses the Dio Fairs website, web app, phone apps and related services ("the User" and "the Service").
Using the Service means agreeing to these terms. This English version is a translation; if the two differ, the Hebrew version prevails.
1. The Service
1.1 Dio Fairs is software for running a tour and guiding business: tours, departures, calendar, enquiries and quotes, bookings, customers and participants, team, suppliers, expenses, payment requests and a public page.
1.2 The Service is used by: a business (a guide or a company) with a subscription; team members the business invites; suppliers; and travellers who book with a business or are invited by it.
1.3 The Company may change the Service's design, features and versions from time to time, and does not commit to a development schedule.
1.4 The Service is provided as is. The Company makes reasonable efforts to keep it available and to fix faults, but does not promise it will run continuously, without interruption or without errors.
2. Signing up and your account
2.1 You sign in with a phone number and a code sent to it by SMS. You are responsible for keeping your phone and codes safe, and for telling the Company at once about any suspected unauthorised use of your account.
2.2 You agree to give accurate details, not to impersonate anyone, and to upload only pictures and content you have the right to use.
2.3 You may close your account at any time, in the app's settings ("Delete my account") or by contacting the Company. What is deleted and what is kept is set out in the privacy policy.
3. Subscription and payment to the Company
3.1 A business gets a 30-day free trial. After it, use requires a monthly subscription on the plan it chose, at the price on the website's price list, plus VAT.
3.2 Card details are entered on the clearing company's page and stored there as a token. The Company does not store the card number.
3.3 Charges are made on the 1st of each calendar month for that month. The first charge after the trial is prorated for the days left in the month. A tax invoice-receipt is sent for every charge.
3.4 If payment is not received, the Company may stop the Service, fully or partly, after 7 days' notice.
3.5 Any change in prices or commissions is given to the business 30 days in advance.
3.6 Suppliers and travellers use the Service without paying the Company.
4. Online payments from the business's customers
4.1 A business that wants to take online payments connects its own clearing terminal, opened with the clearing company. Money goes from the customer straight to the business's terminal, not through the Company.
4.2 Each online payment carries a commission to the Company at the rate on the price list for the business's plan, deducted through the clearing company. The clearing company may charge further fees under the business's agreement with it.
4.3 Receipts, invoices and credit notes are issued through an accounting-documents service, in the business's account and name.
4.4 The business is responsible for its tax reporting, bookkeeping and the taxes that apply to it. The Company does not determine which taxes apply to the business and is not responsible for collecting or paying them.
5. The business, its customers and suppliers
5.1 The Company is not a party to the dealings between a business and its customers, suppliers or team members, and is not responsible for the tours, guiding or suppliers' services, their quality or their safety.
5.2 Cancellations and refunds are between the customer and the business, under the cancellation policy the business set and that the customer sees on the booking page. The Company is not responsible for refunds.
5.3 The business is responsible for the content it publishes through the Service, including its cancellation policy, participant declaration, public page and messages to customers, and for their compliance with the law.
5.4 The business is responsible for having permission to enter details of customers, participants, suppliers and staff into the Service, and to message them through it.
5.5 A traveller who books through the Service contracts with the business, not with the Company, and is responsible for checking the details of the business and the tour.
5.6 A supplier who joins the Service is not promised any work or bookings.
6. Invitations by phone
6.1 Any user can invite another person to join the Service by their phone number. The inviter confirms they have permission to send that person a message.
6.2 Every invitation has a removal link, and someone who removed themselves will not receive further invitations.
7. Intellectual property
7.1 All rights in the Service, including copyright, trademarks, design, software, code and the Company's content, belong to the Company alone. You acquire no rights in them.
7.2 You receive a personal, non-exclusive, non-transferable licence to use the Service for as long as you use it.
7.3 Content you upload (tours, pictures, texts) remains yours. You allow the Company to store and display it to provide the Service, including on your public page when you turn it on.
8. Privacy and messages
8.1 The Company collects and processes personal data to provide and improve the Service, as set out in the privacy policy, which is part of these terms.
8.2 You agree to receive service messages from the Company: sign-in codes, reminders, alerts and account updates. Marketing messages are sent only with your explicit consent.
9. Liability
9.1 The Company takes reasonable measures to protect data and keep the Service available, but is not responsible for data loss caused by a virus, malicious software, a communications fault or a failure at hosting providers, and cannot fully guarantee there will be no unauthorised access.
9.2 In any case, the Company's liability is limited to the amounts the User paid the Company during one calendar year. The Company is not liable for indirect damage or loss of profits.
10. Ending use
10.1 Either party may end the agreement with 30 days' notice.
10.2 The Company may suspend or end the Service for a user who breached these terms, including by not paying, passing the Company's confidential information to others, or impersonating someone.
11. General
11.1 This agreement is governed by Israeli law only, and the competent courts in Israel have exclusive jurisdiction.
11.2 The Company may update these terms. The binding version is the one published on the website, and notice is given in advance of any material change.
11.3 You may not transfer your rights or obligations under this agreement without the Company's written consent.
11.4 To contact the Company: through the support page at https://dio-fairs.app/support.