Terms of Use — Active

Legal

Terms and Conditions of Use

Active — a business management and CRM platform. Use of 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, generation of financial documents, call center services, mailing and messaging, business automations and artificial intelligence tools. Any use of the System, in whole or in part, constitutes acceptance of all the terms of these Terms of Use.

2. Definitions

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

The System provides customer and lead management, task management, a call center, mailing and messaging, business automations, payment clearing, invoicing, financial management and AI tools. The Company may add, modify 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 "Holder" (Processor), processing the information on behalf of the User and in accordance with its instructions. The User is the sole Data Controller of the information (Controller), and is the sole party determining the purposes of its collection, processing and use. Full and exclusive responsibility for the lawfulness of the collection of the information, for obtaining lawful consents from the User's Customers, for registering databases to the extent required, and for compliance with all law applicable to the information — rests with the User alone.

4. User Account

Opening an account requires providing accurate and complete details. The User is responsible for maintaining the confidentiality of the login credentials and for any activity carried out in the User's account. Any unauthorized use must be reported to the Company immediately upon its discovery.

5. License of Use and Its Limitations

The User is granted a limited, personal, non-transferable and non-exclusive license to use the System for legitimate business purposes. It is prohibited to copy, duplicate, sell, reverse-engineer or create derivative works of the System.

6. Prohibited Uses

7. Mailing, Messages and the Anti-Spam Law — Responsibility and Indemnification

The System enables sending messages, SMS, email and marketing materials to the User's Customers. The User bears sole and full responsibility for the lawfulness of every message sent by the User or on the User's behalf through the System, including compliance with the provisions of Section 30A of Israel's Communications Law (Telecommunications and Broadcasting), 5742-1982 (the "Anti-Spam Law"): obtaining the recipients' express prior consent, identifying the sender's details as required, and providing a simple and readily available unsubscribe option in every message.

The Company does not draft, does not initiate and does not approve the content of the User's messages, and is not a party to the relationship between the User and the User's recipients. The User undertakes to indemnify and compensate the Company, its officers, 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 by them in connection with messages sent by the User through the System, including for violation of the Anti-Spam Law, privacy protection laws or any other law. The Company may immediately suspend an account where there is reasonable suspicion that it is being used in violation of this section.

8. Sensitive Data and Sector-Specific Regulation

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

9. Payment and Clearing Services

Clearing services are provided through licensed third-party providers. The User is responsible for compliance with the clearing rules, including cancellation and refund policies toward the User's customers. Generation of 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. The AI outputs are provided as an auxiliary tool only and do not constitute professional advice. The Company does not warrant the complete accuracy of these outputs, and responsibility for business decisions remains with the User.

11. Limitation of Liability

The System is provided 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 during the three months preceding the event.

12. Responsibility for Data and Information Security

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

13. Intellectual Property

All intellectual property rights in the System, its code, its design and its 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 a breach of these terms, non-payment or misuse. Upon termination of the engagement, the User's data will remain available to the User for a grace period of 30 days, 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 as a result of a breach of these terms, a violation of law, or unlawful use of the System by the User or anyone on the User's behalf.

16. Changes to the Terms, Governing Law and Jurisdiction

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

17. Service Level (SLA)

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

18. Data Processing Agreement

As between the parties, the User is the Data Controller of the information (Controller) and the Company is a holder and data processor (Processor) only. The Company undertakes to process personal data solely for the purpose of providing the Service and in accordance with the User's instructions, to implement appropriate security measures, and to engage sub-processors subject to equivalent obligations. Nothing in this section shall impose on the Company the liability of a data controller.

Contact

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