Terms of Use | Active

Terms of Use

Active - a business management and CRM platform. Using the system constitutes full acceptance of the terms set out below.

1. Introduction and Acceptance of the Terms

Active Flow Ltd. (the "Company") operates Active - a technology platform for business management that includes, among other things: a CRM system, lead management, payment and clearing services, financial document generation, call center services, messaging and email campaigns, business automations and artificial intelligence tools. Any use of the system, in whole or in part, constitutes acceptance of all the terms of this agreement.

2. Definitions

3. Description of the Service and the Company's Role as an Infrastructure Provider

The System provides customer and lead management, task management, a call center, messaging and email campaigns, business automations, payment processing, invoicing, financial management and AI tools. The Company may add, change or remove components of the service from time to time.

It is hereby clarified that the Company provides technological infrastructure only. With respect to any information and content that the User enters into the System or manages through it - including information about the User's Customers - the Company acts solely as a "Processor", processing the data for the User and according to the User's instructions. The User is the sole Controller of the data, and is solely responsible for determining the purposes of its collection, processing and use. The full and exclusive responsibility for the lawfulness of data collection, for obtaining lawful consent from the User's Customers, for registering databases where required, and for compliance with any law applicable to the data - rests with the User alone.

4. User Account

Opening an account requires providing accurate and complete details. The User is responsible for keeping login credentials confidential and for any activity performed in their account. Any unauthorized use must be reported to the Company immediately upon discovery.

5. Usage License and Its Limitations

The User receives a limited, personal, non-transferable, non-exclusive license to use the System for legitimate business purposes. Copying, duplicating, selling, reverse-engineering or creating derivative works from the System is prohibited.

6. Prohibited Uses

7. Messaging, Notifications and the Spam Law - Responsibility and Indemnification

The System allows sending messages, SMS, email and marketing materials to the User's Customers. The User is solely and fully responsible for the lawfulness of every message sent by them or on their behalf through the System, including compliance with Section 30A of the Israeli Communications Law (Telecommunications and Broadcasting), 5742-1982 (the "Spam Law"): obtaining recipients' express prior consent, identifying the sender as required, and providing a simple, accessible opt-out option in every message.

The Company does not draft, initiate or approve the content of the User's messages, and is not a party to the relationship between the User and their recipients. The User undertakes to indemnify and compensate the Company, its directors, employees and anyone acting on its behalf, immediately upon its first demand, for any claim, demand, class action, compensation, fine, damage or expense (including attorneys' fees) incurred in connection with messages sent by the User through the System, including for violations of the Spam Law, privacy protection laws or any other law. The Company may immediately suspend any account reasonably suspected of being used in violation of this section.

8. Sensitive Data and Industry-Specific Regulation

To the extent the User manages sensitive data in the System - including medical, financial, legal or insurance data, or any data subject to industry-specific regulation - it is the User's sole responsibility to ensure that use of the System complies with all legal and regulatory requirements applicable to their field of business, including the Patient Rights Law, Capital Market Authority circulars, Israel Bar Association rules, Bank of Israel directives and the like. The Company does not warrant that the System meets any industry-specific regulatory requirements, and shall bear no liability for use of the System in violation of such regulation.

9. Payment and Clearing Services

Payment clearing services are provided through licensed third-party providers. The User is responsible for compliance with clearing rules, including cancellation and refund policies toward their customers. Generating financial documents in the System is subject to the requirements of the Israel Tax Authority.

10. Artificial Intelligence Services

The System includes AI components for call analysis, transcription, summaries and recommendations. AI outputs are provided as an aid only and do not constitute professional advice. The Company does not warrant the full accuracy of these outputs, and responsibility for business decisions remains with the User.

11. Limitation of Liability

The System is provided as is (As-Is). The Company shall not be liable for any indirect, consequential or special damage. In any event, the Company's liability shall not exceed the amounts actually paid to it by the User in the three months preceding the event.

12. Data Responsibility and Information Security

The User is the controller of the data they enter into the System and is responsible for the lawfulness of its collection, as detailed in Section 3 above. The Company implements industry-standard security measures, including encryption, access controls and backups, and is certified to the international information security standard ISO 27001.

13. Intellectual Property

All intellectual property rights in the System, its code, design and trademarks belong to the Company. Content entered by the User remains the User's property, and the User grants the Company a license to use it solely for the purpose of operating the service.

14. Suspension and Termination

The Company may suspend or close an account due to breach of these terms, non-payment or misuse. Upon termination of the engagement, the User's data will remain available to them for a 30-day grace period, in accordance with the cancellation policy.

15. General Indemnification

Without derogating from Section 7 above, the User shall indemnify the Company for any damage, claim or expense incurred by it due to a breach of these terms, a violation of law, or unlawful use of the System by the User or anyone on their behalf.

16. Changes to the Terms, Governing Law and Jurisdiction

The Company may update these terms from time to time with prior notice. These terms are governed by the laws of the State of Israel, and exclusive jurisdiction is vested in the competent courts of Israel.

17. Service Level (SLA)

The System's availability target is 99% calculated monthly, excluding scheduled maintenance windows. Support is provided through the Company's service channels, and response times are determined by the severity of the issue.

18. Data Processing Agreement

As between the parties, the User is the Data Controller and the Company is a data holder and Processor only. The Company undertakes to process personal data solely for the purpose of providing the service and according to the User's instructions, to implement appropriate security measures, and to engage sub-processors subject to equivalent obligations. Nothing in this section imposes on the Company the responsibilities of a Data Controller.

Contact

For questions about these Terms of Use: support@activeflow-crm.com · HaHorsha 23, Omer.