TERMS OF USE – IMAGEN CARDS APP

1. General

Welcome to the KessefCard mobile application (the “App”), managed and run by Imagen Cards Ltd. (“Imagen Card”). Access to and use of the App, including use of the different services it offers, are subject to the terms of use specified below (“Terms of Use”), and therefore you are asked to read the Terms of Use carefully. Registering to use the App or the very use thereof is an indication of your consent to the Terms of Use. Any mention herein to singular form includes reference to plural form, and vice versa. Imagen Cards reserves for itself the right to change the Terms of Use at any time, at its sole discretion.

2. About the App

2.1 The App allows you to use Imagen Cards’ different services, among them: (a) to view the details of the bank account associated with the prepaid debit card issued to you (the “Card”), as received from the bank; (b) to receive information about the Card user, including with respect to actions taken on the Card, money transfers performed, balances of the amounts loaded on the Card and so forth; (c) to receive information about Imagen Cards’ different services and different promotions customized to your personal preferences and habits, as they may be from time to time, including information about individual benefits and discounts at stores, businesses and venues; (c) to perform other acts, as they may be from time to time; all subject to the provisions in the Terms of Use (the “Services”).

2.2 It is hereby clarified that all of the financial and/or banking information presented through the App is received from third parties, and Imagen Cards is not responsible for its availability and accuracy and for it being up-to-date, and it shall not bear any liability for damages incurred from disruptions or inaccuracies in the information presented to you. It is further clarified that it is possible that actions that are allowed or will be allowed to be taken through the App, in whole or in part, will be performed in practice by third parties (such as the bank that issued the Card), and Imagen Cards shall not be responsible for any act or omission related to these acts, including the fact that they were performed, the date they were performed, and the manner in which they were performed or not performed. In addition, Imagen Cards shall not be responsible for any result derived from use of the Card and the engagement through it with third parties, including the nature, quality, features and compatibility of the goods or services purchased when using the Card and the like.

2.3 Imagen Cards provides no guarantee that (a) the App will meet your expectations or demands; (b) the services and the contents offered on the App shall be provided without interruption and without disruption or errors; (c) the App shall be free from unauthorized access to the computers of Imagen Cards or malfunctions, glitches or failures in the hardware, software and any other communication system of Imagen Cards and/or anyone on its behalf.

3. App registration

3.1 Use of the App may be conditional upon registration. To register, you will be required to provide details such as full name, ID number, email address, details of the card issued to you and other identification details, as will be required from time to time.

3.2 You warrant that: (a) the details you provide shall be correct and accurate and the App will not be used while using a fake identity or other impersonation; (b) the user name you will choose is not subject to the rights of another person; (c) you shall not use another person’s user name; (d) in case of a change to details, you shall reregister to the App in the manner described above; and (e) in case you believe there has been unauthorized use of your information, you shall report on this immediately by contacting Imagen Cards customer service at service@myimagen.com. You are responsible for all actions taken or to be taken in the framework of the App under your username, and you should keep your account details secure. Imagen Cards shall not be responsible for any damage or loss as a result of any unauthorized use of your account.

3.3 It is emphasized that the information you provide shall be stored in a database owned by Imagen Cards only for the reasonable duration required for the purposes and reasons it is collected, at Imagen Cards’ sole discretion, or until we receive an explicit request for its deletion, and in any event – as required under the law. You certify that you are aware that there is no obligation under the law to provide such information, and its provision is subject to your own inclination and consent and subject to the Privacy Policy of the App (the “Privacy Policy”).

4. General provisions regarding the App’s use

4.1 You warrant that your use of the App will not be made by and will not allow others to do any of the following: (a) present content from the App in any fashion, in a way that changes the App design or hides any content, including advertisements and commercial content; (b) use trademarks and trade names (whether registered or not) presented on the App, without receiving the advance written consent of Imagen Cards and/or the consent of the holder of the rights thereto, as the case may be; (c) run any computer application or any other media for the purpose of searching, scanning, copying or automatically retrieving content; (d) use of the App for commercial purposes contrary to the provisions of the Terms of Use; (e) copy, re-edit or publish content appearing on the App without receiving the advance written consent of the holders of the rights thereto, as the case may be; (f) broadcast or transfer by any means the content from the App; (g) create or distribute viruses, hostile software and/or any other means that may harm, destroy, disrupt or limit the use of computer systems, servers, hardware or software of Imagen Cards or of any third party; (h) distribute junk mail or any use intended to track or harass another person in any way; and/or (i) any act that is contrary to the provisions of the law or that violates the rights of third parties; and you shall not allow others to take any of the aforesaid actions.

4.2 Without derogating from the rights and remedies available to Imagen Cards under any law or agreement, Imagen Cards may block your use of the App or the Services, or any part thereof, both at the request of a bank or financial service operator linked to the Card issued to you and at its sole discretion, including in a case where, at its sole discretion, you or anyone on your behalf: (a) performed an act that is illegal or contrary to the provisions of any law; (b) breached any of the Terms of Use; (c) provided at the time of or after registration incorrect identification information; or (d) performed any act or omission that is harmful to Imagen Cards or the proper operating of the App.

5. Intellectual property

5.1 All rights of any kind, including intellectual property rights, to the App and to the contents, designs, applications, tools and other components of the App, as well as any invention, improvement, novelty, development, discovery, change or creation which are related to the App and which are the subject matter of any intellectual property rights (including patents, copyrights, designs, industrial designs, trade secrets and trademarks, including applications to register any of such rights) (hereafter the “Intellectual Property Rights”) belong to Imagen Cards and/or third parties that provided permission to Imagen Cards to make use thereof. The terms “content” or “contents” mean any information of any kind, including (but not only): any document, record, image, photo, illustration, animation, chart, character, video, audio file, software, file, computer code, application, format, protocol, database, user interfaces, and any character, sign, symbol, and icon; in any media.

5.2 Imagen Cards hereby grants you a limited license, which is not exclusive and may not be transferred or assigned, to make personal use of the App and the contents of Imagen Card, only for the purposes described in the App and the Terms of Use and all subject to the other provisions of the Terms of Use. Beyond the foregoing, Imagen Cards does not grant, afford or assign any right or license, express or implied, in connection with the App, the contents and the Intellectual Property Rights.

5.3 Insofar as the user provides Imagen Cards recommendations or criticisms in relation to the App or the services, Imagen Cards may use them per its sole discretion without an obligation to pay, reward or compensate the user in any way for such recommendation or criticism.

6. Links and publications

6.1 The App may include links to pages, apps and different sites on the internet that are not managed and/or run by Imagen Cards or anyone on its behalf. The contents included in the links are not published by Imagen Cards or anyone on its behalf and Imagen Cards does not control or oversee them, and the fact that Imagen Cards links to these contents is not an indication of its consent to their content and does not constitute a guarantee of their authenticity, that they are up-to-date or as to their legality. Imagen Cards is not responsible for such content and bears no liability for any damage you or any third party incurs as a result of their use. Use of these pages, applications and sites is subject to the terms of uses and the privacy conditions appearing therein and not to the Terms of Use and the privacy policies of Imagen Cards and you alone are responsible for such use. We recommend that you exercise judgment and carefully review the Terms of Use and the privacy conditions of any such page, application or site.

6.2 No links are to be made to the App from any website that contains content that is illegal or that encourages illegal activity, including content that encourages racism, discrimination, violence or pornographic or other harmful content.

6.3 The App may include commercial information sent for publication on behalf of different advertisers. Such publication is not a recommendation or encouragement to purchase the services, assets or products offered in the advertisements. Imagen Cards or anyone on its behalf shall bear no liability for the content of such commercial information and any transaction made following an advertisement or information published on the App will be finalized directly between you and the advertiser concerned.

7. Liability

7.1 You alone are fully responsible for the App’s use. All the information and contents on the App are usable as is, without liability of any kind. Imagen Cards or anyone on its behalf shall bear no liability, directly or indirectly, monetary or other, for any result derived from the App’s use or from your reliance on its contents. You shall have no argument, demand and/or cause of action against Imagen Cards or anyone on its behalf in connection to the App, including availability of its contents, malfunctions, results of its use and the like, and insofar as you do or may have such argument, whether known or informed to you, you irrevocably waive same.

7.2 You hereby undertake to compensate and indemnify Imagen Cards and any of its employees or anyone on its behalf, immediately upon its first request, for any damage, loss, liability or expense, including attorneys’ fees and legal costs that any one of them may incur as a result of your use of the App or of the services, including for any act or omission of yours contrary to the provisions of the Terms of Use, including for any argument, demand or cause of action of a third party deriving from any act of omission by you. Imagen Cards reserves for itself the right to take over the defense or exclusive control of a legal proceeding in any matter as aforesaid. This right of Imagen Cards shall not exempt you from your indemnification obligations in any event, and you undertake to fully cooperate with Imagen Cards or anyone on its behalf for such purpose, including by providing information and materials in your possession.

8. Privacy policy

You acknowledge and agree that Imagen Cards may collect certain data and other information about you through the App. Imagen Cards respects the privacy of the App’s user and shall act according to the provisions of any law and pursuant to the privacy policy of the App. Registration or the very use of the App is an indication of your consent to the privacy conditions as well, which are bound to these Terms of Use.

9. Notice and removal

Imagen Cards reserves for itself the right to remove from the App content that third parties allege violate their intellectual property rights or the rights of others. If you believe that certain content appearing on the App infringes your or a third party’s intellectual property rights, or is in breach of another provision in the Terms of Use, you are asked to write by email to service@myimagen.com and specify the following: (a) your complete information and contact details (full name, address, telephone, email); (b) clear specification of the content you allege is in violation of rights and an explicit explanation of how it is in violation of rights; and (c) a declaration signed by you that to your knowledge the information you have provided is complete and correct.

10. General

10.1 Imagen Cards may discontinue at any time the App’s activity, in whole or in part, or change the structure, appearance and design of the App, the scope and availability of the services on the App and/or any other aspect involved in the App. Such changes may involve malfunctions and inconveniences and you shall not have any claim, argument, demand or cause of action against Image Cards or anyone on its behalf for cessation of such activity, for such changes or for malfunctions that occur as a result thereof or incidentally therefrom.

10.2 Imagen Cards may, at its sole discretion, amend the provisions of the Terms of Use, in whole or in part, without having to provide advance notice, though it will take acceptable commercial steps to do so, to the extent possible. Any update to the Terms of Use shall be binding upon every user of the App starting from the date of its publication on the App.

10.3 Only the laws of the State of Israel are to apply to the App’s use, including any dispute, controversy or legal proceeding pertaining to the Terms of Use. The competent courts of the District of Tel Aviv-Yafo shall have exclusive jurisdiction over all matters pertaining to the App’s use or to the Terms of Use, whether directly or indirectly.

10.4 The Terms of Use constitute the full legal contract between you and Imagen Cards with respect to your use of the App.

10.5 Without derogating from the provisions in the Terms of Use, the user is aware, agrees and hereby certifies that the statute of limitations with respect to any claim and/or argument and/or demand against Imagen Cards and/or third parties connected to the App’s use by the user, shall be limited to a period of six months and all the parties deem this as the consented prescription period as set forth in section 19 of the Prescription Law, 5718-1958.

10.6 Imagen Cards may transfer and/or assign and/or convey its rights and/or obligations under the Terms of Use at any time to any third party without the user’s consent.

10.7 If it is determined that any part of the Terms of Use is invalid or unenforceable, then the terms that are no longer valid or unenforceable shall be deemed as replaced by terms that are valid and enforceable where their content conforms to the intention of the original terms, whereas the other terms of use shall remain valid as written and as worded.

10.8 A delay or avoidance by Imagen Cards to exercise or enforce any of its rights under the Terms of Use shall not be deemed a waiver of or impediment to the exercise of its rights in the future, and it may exercise its rights, all or some, at any time it deems fit unless expressly agreed otherwise by Imagen Cards in writing.

10.9 If you have any questions regarding the Terms of Use and/or the privacy policy, you are welcome to contact us by sending an email to service@myimagen.com.

Imagen Cards trusts you will find the App’s use both enjoyable and beneficial.