Terms of Use

1. Introduction

1.1. The use of the service MOKED.AI which is available on the website moked.ai (the "Website" or the "Service") is in accordance with the following sections and terms of use (the "Terms") including the Privacy Policy of the Website and according to any applicable law. By using the Website, You signify that You agree to be bound by the Terms.

1.2. The use of the Website is restricted solely to legal purposes and is restricted to those individuals who are legally qualified or corporations.

1.3. The purpose of the Terms is to regulate the relations between the operator of the Website, AfterPullback LTD, Israeli C.N. 516840527 (the "Operator") and any person and/or entity using and/or accessing the Website and the Service of the Operator. By using the Website, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the Website and refrain from any use of the Website. The Operator reserves its right to terminate Your use of the Website if You will not comply with any or all of the Terms.

1.4. The Terms determine Your access to the Website and will apply to any of Your use in the Website including, but not only, use of data, content and services in the Website or links to other sources of information and on any transmission of data and constitutes the legal basis to any of your actions and/or communications during any use of the Website.

1.5. The Operator reserves its right to terminate Your use of the Website if You fail to comply with any or all of the Terms and reserves its right to update the Terms from time to time at its sole discretion and without providing any prior notice. It is clarified that the binding terms will be the Terms available at the Website at the time of Your use of the Website. Therefore and prior to any use of the Website, You are advised to read thoroughly the Terms and the Privacy Policy. If You do not agree with all or part of the Terms, please refrain from any use of the Website.

1.6. The Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the Website, the provisions of the Terms shall prevail.

1.7. It is clarified that the Operator reserves its right to change and/or terminate the activity of the website, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

1.8. The Service is active and accessible at all times, and You may use the Service at any time. However, the activity of the Website may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.

1.9. If You have any questions regarding the Terms and/or Privacy Policy, you may contact the Operator by email: info@moked.ai. It is clarified that the Operator's contact details and the Operator's availability are subject to change at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

1.10. You are hereby notified and acknowledge that the core features of the Service are operated via artificial intelligence (AI) algorithms, including Large Language Models (LLMs). The Operator cannot fully control and/or predict their outcome, behavior, or responses at all times. The AI agents may generate inaccurate, incomplete, or unintended responses during conversations with Your customers. Therefore, if you assume that you are not capable of relying on the above or managing such risks, kindly refrain from any use of the Service. Should you use the Service, you hereby release the Operator from any liability to any harm, loss of business, or reputational damage which may be caused to You or Your business during Your use of the Service.

2. Definitions

• "Content" means the Website, dashboards, analytics, transcripts, configurations, online webpages, the sorting and display of information, and any other illustrative form in the above and in mailings.
• "Service" means the Website, the Moked.ai platform for managing AI voice/text agents, integrations (CRM, WhatsApp, Website chats, Phone systems), the user account including its instructions, personal support service if provided, and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.
• "Account" means the account opened by Your name in the Website including Your registration or any other use of the Service without creating an account.
• "Website and/or Service Errors" means any interruption in the Website's and/or Service's availability due to reasons which are not directly controlled by the Operator.
• "You" or "Users" means, inter alia, individuals and entities authorized by the Operator to use the Service and Your employees, consultants, service providers, agents and/or third parties which You have business with.
• "Your Data" means all data and/or information in electronic form which You provide or as collected by the Operator in the Website during Your use of the Website.

3. About the Terms; Subscriptions

3.1. These Terms constitute a separate agreement between You and the Operator. It is hereby clarified and agreed that the Operator provides solely a platform/Service which is used for deploying and managing AI agents for Your business, and therefore shall have no liability for any violation of the Terms by other Users, nor any liability for disputes between You and Your End Users resulting from interactions with the AI agents. You shall have no claims and/or demands against the Operator regarding such matters.

3.2. It is hereby clarified that only the Terms shall bind the Operator. Any advertising which may be available in the Website shall not be considered as the Operator's recommendation or opinion regarding the willingness of the advertised Content.

3.3. Using part of the Service is free of charge other than features which may be used only by Subscribers as detailed below. However, the Operator reserves its rights at any time and under its sole discretion to charge any costs for using the Service, in whole or in part, and reserves its rights to add additional features to the Service which their use may be subject to payment by You and You shall have no claim against the Operator in such case.

3.4. Users subscribing to paid subscription plans of the Service (the "Subscribers") will be bound to the following terms in addition to all the Terms in this agreement.

3.5. It is possible to subscribe for subscription plans at prices appearing on the Website. The Operator may change the prices and plans at any time as well as any of the Services at its sole discretion and You will not have any claims against the Operator in such cases. All subscription plans shall automatically renew until terminated by the Customer.

3.6. The Operator reserves its right to increase or decrease subscription fees and/or to change the available subscription plans at its sole discretion and without any prior notice. In case of a decrease of the subscription fees, the User will not be entitled to any refund and/or discount and/or any other benefit or deduction and the User shall not have any claims against the Operator in such case.

3.7. It is further clarified that the Operator reserves its right at any time and at its sole discretion to change the subscription fees and the Services it provides and/or to add additional features to the Service and the User shall not have any claims against the Operator in such case.

3.8. The Operator reserves its rights to shut down the Service or any part thereof for any reason at any time at its sole discretion and You will not have any claims against the Operator in such case, and the Subscribers will not be entitled to any refund and/or payment deduction paid by them for the Services.

3.9. If a Subscriber fails to make payment for the Services in accordance with the agreed upon terms, the Operator reserves the right to block the Subscriber's access to the Service until full payment is received. Furthermore, the Operator reserves its right, at its sole discretion, to delete the Subscriber's data stored within the Service due to non-payment, and the Subscriber acknowledges and agrees that the Operator is under no obligation to retain the Subscriber's data in such case.

3.10. The subscription is personal and non-transferrable.

4. Payment and Cancellation Terms

4.1. You may pay via credit card subject to confirmation of payment by the credit card issuer. It is clarified that the Operator may change, at its sole discretion, the payment methods at any time at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.

4.2. With accordance to any applicable law including the Israeli Consumer Protection Law-1981, subscription payments are non-refundable.

5. Risk Disclosure, Liability and Limitation of Liability

5.1. The Operator provides a technological platform for AI agents. The Operator does not warrant to You that any of Your actions using the Service will provide You with a certain profit, increase in sales, or flawless customer service. You are aware of the limitations of AI technology. The Operator will not be liable under no circumstances to any damage, loss of revenue, loss of leads, or reputational damage resulting from the performance of the AI agents.

5.2. The Operator provides tools (such as transcripts and dashboards) for You to monitor the AI's performance. It is Your sole responsibility to monitor the interactions between the AI agents and Your End Users and to intervene or adjust configurations if the AI is providing incorrect information or failing to perform as desired.

5.3. The Website and Service may integrate with third-party platforms (such as CRM systems, calendar applications, WhatsApp, and telephony providers). The Operator is not liable for the correctness, accuracy, and completion of data transferred to or from these third parties, nor for any downtime or changes in policy by such third-party providers.

5.4. It is forbidden to use a false identity, impersonate, or use the AI agents to mislead, harass, or scam End Users or any third party in any way whatsoever. You must ensure Your use of the AI agents complies with all applicable local telecommunication, marketing, and privacy laws.

5.5. The Operator reserves its rights to act against a User which will breach any of the Terms including, but not only, blocking the User's access to the Website without prior notice and under its sole discretion, and the User will have no claims against the Operator in such case.

5.6. The Operator and/or anyone on the Operator's behalf is not responsible for any Content or scripts uploaded or configured by You into the AI system. The Operator has no ability to proactively filter Your specific business logic and ensure its compliance with the Terms or any applicable law.

5.7. The Operator shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to You resulting from Your use of the Website and/or resulting from Your reliance on the Service.

5.8. The Operator does not warrant that all links available on the Website are active and/or will lead to an active website, and the existence of such link shall not be considered as any opinion, recommendation, or advice regarding any content appearing in such link. In no case shall the Operator have any liability to You regarding such matter. Without derogating from the above, the Operator shall not be liable for any damages, direct or indirect, caused to You resulting from Your use and/or reliance on information and content appearing in any third-party webpages which their links are available on the Website.

5.9. The Services available on the Website may be interrupted and/or may encounter errors. The Operator does not warrant that the Website will be immune from any illegal access to the Operator's computers and/or any damages, errors, faults relating to hardware, software and/or communication line and/or any other damage which may be caused to the Operator and/or any of its providers. The Operator shall not be liable for any direct or indirect damage caused to You and/or any third party including to Your assets, including, but not only, any damage resulting from loss of information or User Content uploaded by You.

5.10. The information and Services available on the Website may include inaccuracies or mistakes. The Operator does not warrant that or the Service will be uninterrupted or error-free or that the Service or the servers providing the Service will be virus-free or free from other harmful components. The Operator does not warrant that the use of the Service, the results from its use, or the use of materials derived from the Service will be accurate, correct, and/or reliable in any manner.

5.11. You hereby agree that the Operator will not be liable for any unauthorized access to Your account including any change in the User Content You uploaded and/or sent, whether received or sent by You or not.

5.12. The Operator has no responsibility for any content which may appear in advertisements appearing in the Website including any commercial offers from third parties. Any claims and/or demands You may have regarding an offer to purchase a service and/or product, whether concerning receiving of such product or service and whether concerning its outcome should be addressed to such third party which provided and/or warranted to provide such service and/or product, and the Operator and/or anyone on the Operator's behalf shall bear no liability regarding any offer of service and/or product.

6. Intellectual Property

6.1. All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator.

6.2. Without derogating from the above, the Website, the discussions, all the webpages of the Website and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.

6.3. You may not copy, reproduce (except as noted in the Terms), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing in the Website without the Operator's prior and written consent.

6.4. You may use the Content for Your own personal use and not make any commercial use of the Content. You may not use the Content for any other purpose including, but not only, for promoting, advertising and/or marketing commercial entities.

6.5. You warrant no to publish the Content or any part of it except as permitted in the Terms, and You warrant not to publish any product and/or output of information, whether tangible or intangible or in any other form, and You will not copy and/or duplicate and/or create derivative works and/or modify and/or adapt the Content for publishing, advertising, displaying, performing, transmitting, broadcasting, making available to the public, selling and/or any other action without the Operator's prior and written consent. The above does not apply for any use intended for research and instruction.

6.6. The ownership and the intellectual property rights of contents of third parties (such as underlying LLM providers or integration partners) displayed or used in the Website are owned by their proprietors and may be bound to any terms and third-party licenses which were granted to the Operator ("Third Party Agreements"). You hereby agree to be bound to any Third Party Agreements regarding Your use of the Service.

6.7. The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if the rights of any third party have been mistakenly infringed, please report such infringement to the Operator via the email address info@moked.ai.

7. Use of Personal Information

The Operator respects the privacy of all users of the Website. Information regarding use of Your information can be found in the Privacy Policy.

8. Mailings

8.1. The Operator may offer its Users to receive email messages and/or newsletters about updates, improvements and other user notifications regarding the Operator's activity, including via emails and text messages (the "Mailings").

8.2. Upon registration, You may be requested to provide personal information such as phone number and email address. You will also be given the choice to accept to receive Mailings by checking a checkbox for that purpose to your email and mobile phone device, and this will be considered as Your consent to receive Mailings. It is clarified that at any stage You will have the ability to opt out of receiving the Mailings by contacting the Operator and/or by clicking on a link available on the Mailings sent to You by the Operator.

9. Term and Termination

9.1. This Agreement commences on the day You start using the Website and continues until You refrain from any use of the Website and the Operator's services.

9.2. The Operator may at any time terminate this Agreement with You, including if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator's services to You is, or becomes, unlawful); and/or (iii) the provision of the Service is no longer commercially viable. In the case of each of the above the Operator shall, where possible, give reasonable notice of such termination.

9.3. The Operator reserves its rights, at its sole discretion, to amend the Terms at any time. You are responsible to check any updates of the Terms by entering the Terms from time to time. Your continuation of using the Website will be considered as consent to such amended terms.

9.4. The Operator reserves its rights to shut down the Website or any part thereof without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.

9.5. All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.

10. General Terms, Governing Law and Messages

10.1. This Agreement, including the Privacy Policy, constitutes the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

10.2. The Account in the Website is personal and non-transferrable.

10.3. If You have any inquiries regarding the Terms, You may address the Operator via email address info@moked.ai.

10.4. The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator's behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on information available on the Website.

10.5. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the courts of the city of Tel-Aviv for any litigation and/or dispute arising out of this Agreement.

10.6. All notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon sending an email with a confirmation of arrival.