Terms of Use for the Website and Application – "Stay or Pay" Platform
General Provisions and Definitions
Welcome to the website and the "Stay or Pay" application (hereinafter: the "Application" or the "Website"). The Application is operated by Ella Azencot, licensed business No. 209700806 (hereinafter: the "Operator").
Use of the Application, including browsing, viewing content, setting goals for periods of non-use of the phone, creating "commitments" (which do not constitute a legal commitment as stated in Sections 2.3 and 2.4 below), or use of any service offered within it, is subject to the terms of these Terms of Use.
Any person who uses the Application (hereinafter: the "Customer" or the "User") represents that they have read these Terms, understood them, and agree to their provisions in full and without reservation. If you do not agree to these Terms, in whole or in part, you are requested not to use the Application.
The masculine wording in these Terms is used for convenience only and refers equally to all genders.
The Operator reserves the right to update, change, delete, or add provisions to these Terms at any time, at its sole and absolute discretion, without prior notice. However, the Operator will inform Users of any change made to the Terms. The binding version is the version published in the Application at the time of use.
Use of the Application is permitted only for customers aged 13 and above. By using the Application, the Customer represents and confirms that they meet this requirement.
Nature of the Website and Service – Technology Platform Only
It is expressly clarified that the "Stay or Pay" system is a technology platform only, intended to enable the User to set a duration of non-use of the phone, to give a commitment to a defined partner if they fail, and to update the partner regarding the start, success, or failure of the session.
The Application does not constitute psychological, medical, or professional advice of any kind on topics of quitting or addictions, and is provided as a support tool only.
The Operator is not a party to the commitment: any agreement, promise, or commitment given between the User and their partner is made directly and exclusively between them. The Operator is not a party to such commitment, bears no liability on account of it, does not enforce it, and does not act as a payment clearing party for any payments or penalties the Users have decided upon.
It is clarified that commitments in the system are social commitments that are not legally enforceable and do not constitute a binding contract between Users. If the parties have decided between themselves on other oral commitments, the Operator has no connection or relation to those commitments.
Payments and Cancellation Policy
As of the date of publication of these Terms, use of the Application is completely free. As there are no in-app purchases in the live product at this stage, there is currently no refund policy, as no payments are charged. However, the Operator reserves the right to offer advanced services or features (Pro) in the future that will involve payment.
Exclusion of Operator Liability
It is expressly clarified that because the Operator serves as a technology platform only, it is excluded from any liability, directly or indirectly, for any matter relating to the relationship or engagement between the User and the partner to whom they committed.
The Operator is not responsible and shall not bear any liability for any damage, loss, mental anguish, injury, personal dispute, loss of profit, indirect or consequential damage, of any kind, caused to the Customer and/or any third party in connection with use of the Application, meeting or failing to meet defined goals, or in connection with fulfillment of commitments given to a partner.
Service availability "as is": It is hereby clarified that the Application and the services offered therein, including the technology system, its availability, quality, and speed, are provided to the Customer on an "as is" and "as available" basis. The Operator does not undertake that operation of the Application will be uninterrupted, error-free, or absolutely immune from unauthorized access or breaches.
Indemnification: The Customer undertakes to indemnify the Operator, its employees, or anyone on its behalf, immediately upon its first demand, for any damage, loss, liability, claim, demand, or expense (including attorneys' fees and legal costs) caused to the Operator due to:
- The Customer's use of the Application in breach of these Terms.
- Any claim, demand, or dispute by a third party arising from or related to the Customer's use of the platform services.
User-Submitted Content and Customer Responsibility
In the course of using the system, the Customer may submit content, including setting goals, usage times, and details of the commitment toward the partner. The Customer confirms that this content will be visible to partners they have approved. It is noted that if the Customer chooses to upload a profile photo to the Application, they confirm that this photo will be exposed to the said partners.
The Customer bears full and exclusive responsibility for the correctness, accuracy, and quality of the content they submit.
The Customer undertakes that any content uploaded to the system will be worded in a factual manner. It is strictly prohibited to upload content that is false, misleading, offensive, constituting defamation, libel, slander, invasion of privacy, or that violates any law.
Authority to remove content: The Operator reserves the full, exclusive, and absolute authority to edit, refuse to publish, remove, or delete from the Application and its systems any content uploaded by a Customer, in whole or in part, without obligation to provide reasons or prior notice, if and when, at its sole discretion, the content violates these Terms.
Blocking Users and Authority to Remove from the Customer Database
Detailed use restrictions: Use of the Application is permitted for lawful purposes and in good faith only. The Customer is strictly prohibited from performing any of the following actions:
- Copying source code, reverse engineering, or breaking into the system.
- Using automated tools such as bots or scraping of information.
- Impersonating another person or providing false details systematically.
Authority to block and remove from the database: The Operator may, at its sole and absolute discretion, prevent a Customer from accessing the system (in whole or in part), block their account, and permanently or temporarily remove a person from its customer database, without prior notice and without obligation to compensate. This authority will be exercised, among other cases, whenever there is concern that the Customer violated these Terms, provided false details, acted in bad faith, harassed other users, or performed an act that may cause harm to the Operator or any third party.
Account security and user responsibility: The Customer is solely responsible for maintaining the confidentiality of their account access details and bears full responsibility for any action performed through their account. The Customer must report to the Operator immediately any concern of unauthorized use of their account.
Intellectual Property
All rights in the Application and the system, including copyrights, trademarks, design, code, databases, technological models, texts, and graphics, belong exclusively to the Operator (or third parties who permitted it to use them).
You may not copy, reproduce, distribute, publish, sell, or make any commercial or other use of the Application content without express prior written approval from the Operator.
Privacy Policy and Direct Marketing
Use of the Application involves providing personal details (such as name, phone number, and email). The Application does not collect sensitive personal data. The User represents that the details are provided voluntarily and with their consent. The full privacy policy will be published on a separate page titled "Privacy Policy".
The Operator may use the details to operate the system, improve the service, and display session data, duration, and the commitment to relevant partners approved by the User, as well as use for the Customer for ranking, creating and providing statistics, and the like.
The Application does not send marketing mailings at this stage; however, if it is decided in the future to send marketing and promotional material, this will be done only subject to separate consent received from the User.
The Operator will take reasonable and accepted precautions to secure information; however, these do not provide absolute security and it does not undertake absolute immunity from unauthorized intrusion into its computers.
Transfer of information abroad: The Customer agrees that the Operator may store or process data provided by them, including personal information, on computer servers located outside the State of Israel, in accordance with the privacy policy and subject to applicable law.
Supplementary Provisions and Jurisdiction
For inquiries and customer service, you may contact the official email: support@stayorpay.app.
If a competent authority determines that any provision of these Terms is unlawful or void, that shall not affect the validity of the remaining provisions of the Terms.
These Terms constitute the entire agreement between the User and the Operator regarding use of the Application.
These Terms and any use of the Application shall be governed solely by the laws of the State of Israel.
Exclusive local jurisdiction in any dispute or legal proceeding relating to the Application, its use, or these Terms shall be vested solely in the competent courts in the Central District.