PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE MOBILE APPLICATION.
By clicking the “accept” or “ok” button or installing and/or using the Atraf mobile software application (the “App”) you expressly acknowledge and agree that you are entering into a legal agreement with CyberServe Internet & Communication Ltd. (“Atraf”, “CyberServe”, “we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement” or “EULA”). "You" means each person who accesses or uses the App or the Services, whether or not such person personally installed the App or personally utilizes the App. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install, or use the App. NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO THE EXTENT THAT CONSUMER PROTECTION OR LOCAL LAWS OR REGULATIONS GRANT YOU MANDATORY OR STATUTORY RIGHTS, THIS AGREEMENT SHALL ONLY LIMIT SUCH RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAWS OR REGULATIONS.
The Services. "Atraf" application serves as a dating platform in Israel and worldwide, whether the services are provided free of charge or paid for (hereinafter: the "Free Services" and the "Paid Services" respectively, and collectively referred to as the "Services").
Free Services. Atraf allows free use of certain functions of the application, with certain usage restrictions. The features and browsing limits of free subscriptions may be subject to change periodically.
Paid Services. Atraf offers an optional subscription that provides additional premium features not available to free users and allows unlimited browsing. The subscription can be purchased directly from the application stores, at a cost based on the chosen subscription renewal period (one month, three months, six months, etc.). The Paid Services cost may also change over time. Please keep in mind that billing is handled directly by the application stores, and that users can change or cancel the subscription renewal at any time through the subscription page on the app store. Atraf has no access to the billing and payment process and cannot change, cancel, or otherwise affect the payment and billing process. The users are fully and independently responsible for any purchase, change or cancelation of a Paid Services subscription plan.
Ability to accept. You represent and warrant that you are over 18 years old, and that you have the legal capacity to enter into this EULA and, if applicable. You declare that you are aware that some of the content published in the application may include explicit language, content, videos, and images of a sexual nature ("Content"). You hereby agree that this type of Content does not harm you in any way, shape or form, and the responsibility for using and viewing the materials in the application lies solely with you. We reserve the right to suspend or cancel the subscription without notice if we discover or suspect that the subscriber is under the age of 18.
Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to: (i) download, install and use the App on a mobile telephone, tablet or other platform (each a “Platform”) that you own or control; and (ii) access and use the App on that Platform in accordance with this Agreement and any applicable Usage Rules (defined below).
Obligations of users. You undertake not to perform the following actions:
License Restrictions. You agree not to, and shall not permit any third-party to (i) sublicense, redistribute, sell, lease, lend or rent the App; (ii) Share the same account with different people; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the App; (iv) copy, modify, improve, or create derivative works of the App or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features, or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vii) use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications; (viii) use the Atraf name, logo or trademarks without our prior written consent; and (ix) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
In order to use the App features, you have to create or use an account (an “Account”). If you create an Account, you must provide some information about yourself (e.g., cellphone number, city of residence, nickname, date of birth. Height etc.). We cannot guarantee, and we assume no responsibility for verifying, the accuracy of information provided by the users of our services. You are solely responsible for the activity that occurs in your Account. You must notify us immediately of any unauthorized use of your Account.
We can terminate or disable your account immediately to protect our App or services, or if you create risk or legal exposure for us, violate this Agreement, if you infringe other people's rights, if we suspect misuse by you of the App, our Content or our Services. If we take action to disable or terminate your account, . If you believe your account has been terminated in error, or you want to disable or permanently delete your account, please contact us at email@example.com.
Usage Rules. If you are downloading the App from a third-party platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules”). We specifically refer to the Usage Rules of certain Distributors below in the section below entitled ‘Distributor Requirements and Usage Rules’, but other Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and using the App.
Safe and appropriate use
You agree that your use of the Services is at your own risk and that you will not use the Services to violate any applicable law, regulation, policies, or instructions as outlined in this Agreement and you will not encourage or enable any other individual to do so.
ATRAF DOES NOT CONTROL ANY OF THE THINGS OUR USERS SAY OR DO. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE ATRAF SERVICES AND YOUR INTERACTIONS WITH OTHER USERS (WHETHER ON OR OFF THE ATRAF SERVICES). ATRAF MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS.
In order to maintain a safe space and a positive browsing experience, Atraf suggests that you refrain from giving personal details or any identifying information to people you do not know, refrain from sending sexual images or images that contain intimate parts, refrain from sending bank account details or any means of payment, and generally avoid conversations that are unpleasant or disturbing.
ATRAF DOES NOT CURRENTLY CONDUCT BACKGROUND CHECKS OF OUR USERS.
ATRAF DOES NOT INQUIRE INTO THE BACKGROUNDS OF OUR USERS OR ATTEMPT TO VERIFY THE INFORMATION PROVIDED BY OUR USERS IN CONNECTION WITH ACCOUNT CREATION, INCLUDING THE ACCURACY OF THE DATE OF BIRTH REPORTED FOR AGE VERIFICATION PURPOSES.
ATRAF DOES NOT VERIFY THE INFORMATION PROVIDED BY USERS WITH RESPECT TO USERS’ IDENTITY, GENDER, HEALTH, PHYSICAL CONDITION, OR OTHERWISE.
ATRAF IS A SEX-POSITIVE PLATFORM. YOU ACKNOWLEDGE THAT YOU MAY RECEIVE ACCESS TO USER-GENERATED CONTENT THAT COULD BE CONSIDERED OBJECTIONABLE IN CERTAIN CONTEXTS.
YOU UNDERSTAND THAT ATRAF IS NOT RESPONSIBLE FOR ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE IN LOCATIONS WHICH MAY ATTEMPT TO CRIMINALIZE OR LIMIT YOUR PERSONAL INTERACTIONS. YOU MUST MAKE YOUR OWN INFORMED DECISIONS ABOUT USE OF THE APPLICATION IN YOUR LOCATION AND ASSESS ANY POTENTIAL CONSEQUENCES.
If you have a dispute with any third-party relating to your use of Services, to the maximum extent permitted by law, you release Atraf (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected, and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
In any event, if we become aware of unlawful or prohibited use of our Services or behavior, we reserve the right to report it to the relevant authorities.
Intellectual Property Rights.
Ownership. The App is licensed and not sold to you under this Agreement and you acknowledge that Atraf and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the App (and its related software). We reserve all rights not expressly granted herein to the App. “Intellectual Property Rights” means any and all rights, titles and interests in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
Content. The: (i) content on the App, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials”), the (ii) User Submissions (defined below), and the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials and User Submissions, the “Content”), is the property of Atraf and its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Atraf” and the Atraf logo are Marks of Atraf and its affiliates. All other Marks used on the App are the trademarks, service marks, or logos of their respective owners.
Use of Content. The content on the App is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.
Third-Party Sources and Content.
The App enables you to view, access, link to, and use content from Third-Party Sources (defined below) that are not owned or controlled by us (“Third-Party Content”). The App may also enable you to communicate and interact with Third-Party Sources. “Third-Party Source(s)” means: (i) third-party websites and services; (ii) our partners and customers; and (iii) Platform manufacturer and operating system.
We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third-Party Content.
We do not endorse any advertising, promotions, campaigns, products, services, or other materials that is included in any Third-Party Content or that is communicated to you from a Third-Party Source.
By using the App you may be exposed to Third-Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third-Party Source or to view and use Third-Party Content. Your interaction with a Third-Party Source and your use of, and reliance upon, any Third-Party Content is at your sole discretion and risk.
You are solely responsible and liable for your interaction with a Third-Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Atraf, and to the maximum extent permitted by law, release Atraf from any and all liability, arising from your use of and interaction on any Third-Party Content and from your interaction with any Third-Party Source. If you have any query or complaint regarding a Third-Party Source or any Third-Party Content, you agree to contact the Third-Party Source directly.
Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the content available on the App is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content.
Third-party open-source software. Portions of the App may include third-party open-source software that are subject to third-party terms and conditions (“Third-Party Terms”). A list of any third-party open-source software and related Third-Party Terms is available upon request from customer support. If there is a conflict between any Third-Party Terms and the terms of this Agreement, then the Third-Party Terms shall prevail but solely in connection with the related third-party open-source software. Notwithstanding anything in this Agreement to the contrary, Atraf makes no warranty or indemnity hereunder with respect to any third-party open-source software.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE (of the APP) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR-FREE, THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE SOFTWARE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD-PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
IF YOU HAVE A DISPUTE WITH ANY OTHER ATRAF'S SERVICES OR PRODUCT USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION TO MONITOR ANY SUCH DISPUTE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT, SUCH EXCLUSIONS MAY NOT APPLY.
ATRAF IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY OR ANY OTHER DAMAGES THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM ANY USE OR MISUSE OF THE APP.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ATRAF BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP, EVEN IF ATRAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
IN ANY EVENT AND WHERE PERMITTED BY LAW, ATRAF’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO ATRAF FOR USING THE APP WITHIN THE
Indemnity. You agree to defend, indemnify and hold harmless Atraf and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the App; (ii) your violation of this Agreement; and (iii) your violation of any Third-Party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to indemnification by you without first obtaining our express approval.
Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the App nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
Updates and Upgrades. We may from time to time provide updates or upgrades to the App (each a “Revision”) but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
Term and Termination.
This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause and shall not be liable to you or any Third-Party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App.
Upon termination of this Agreement, you shall cease all use of the App. This Section and Sections of Intellectual Property Rights, Privacy, Warranty Disclaimers, Limitation of Liability and Indemnity shall survive termination of this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you but may be assigned by Atraf without restriction or notification.
We reserve the right to modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the App. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the App thereafter means that you accept those changes.
Governing Law and Disputes. To the maximum extent permitted by law, this Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. Where permitted by applicable law, you agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Yaffo, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. This Section is not intended to limit your rights under applicable law consumer-protection regulations that under such laws or regulations cannot be limited or excluded.
This Agreement, and any other legal notices published by us in connection with the App, shall constitute the entire agreement between you and Atraf concerning the App. In the event of a conflict between this Agreement and any of the foregoing, the terms of this Agreement shall prevail. No amendment to this Agreement will be binding unless in writing and signed by Atraf. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Distributor Requirements and Usage Rules.
Apple. If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:
You acknowledge and agree that:
this Agreement is concluded between Atraf and you only, and not with Apple, and Atraf and its licensors, and not Apple, is solely responsible for the App and the content thereof.
your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the ios;
Atraf is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
Atraf is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Atraf’ sole responsibility;
Atraf, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;
in the event of any Third-Party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation defense, settlement, and discharge of any such intellectual property infringement claim;
Apple, and its subsidiaries are Third-Party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a Third-Party beneficiary thereof.
You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints, or claims regarding the App, please contact Atraf’s customer support at:
CyberServe’s Headquarter contact:
Address: 30 Gush Halav St., Kiryat Bialik 2707242, Israel
Contact details of your local customer support can be found on the App.
By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service (as amended from time to time).