Terms of Service

Services provided by Allpay LTD with company registration number 516983442 situated in Israel (referred to as the "Company" or "Allpay"), as defined in the sections below. The recipient of these services (referred to as the “User”) implicitly consents to adhere to the terms and conditions outlined herein. If you do not agree to these terms, you are not permitted to sign up for or utilize Allpay services.

‍‍1.1. Definitions

a. Acquirer – a credit institution responsible for acquiring and subsequently transferring payments to the User's designated bank account in accordance with the transactions conducted through the Payment Processor. In the context of Israel, such entities include Max It Finance Ltd (מקס איט פיננסים בע"מ), Isracard (ישראכרט בע''מ), or CAL (כרטיסי אשראי לישראל בע"מ).

b. Application – program developed by Allpay, available in the form of both a website and a mobile application. Users engage with this program to access services related to payments and electronic invoice creation.

c. Invoice – collective name for documents generated with the use of Application in regards to monetary exchange between the User and his clients. May include invoice, tax invoice, receipt and other. Can also be called an Electronic Invoice or a Digital Invoice.

d. Payment Processor – a third-party company that processes payments in the interests of the User and, through the Allpay, provides the User with a payment gateway (interface for receiving payments).

e. Services – actions that the User performs in the Application, including registration, requesting and monitoring payments and issuing electronic invoices and results of those actions.

f. Third Party Services – services and products provider not by Allpay, but external (third party) companies, including payment providers, payment processors, acquirers, accounting software, website builders, courier services, various sales tools, and so on.

1.2. Allpay provides a platform enabling Users to engage with Third-Party Services for the purpose of accepting payments and generating invoices, collectively referred to as the "Services." It is important to note that the Company itself does not engage in payment processing activities. Instead, the Company serves exclusively as a development and connectivity platform facilitating User interactions with Payment Processors and Acquirers, as described in more detail below.

1.3. The User consents that his personal data, provided to the Company, might be shared with credit or technological companies PayMe LTD, CAL, MAX, and Isracard as these companies provide technical, legal, and financial services to the Company.

1.4. The personal account is available on the Internet in the form of a website (“Website”), which can be accessed by the User, and the payment page associated to the Website by an unlimited number of persons.

1.5. The Services can be used solely by individuals legally qualified to enter into the agreement, over the age of 18.

1.6. The User hereby declares that he is the owner and/or licensee of the use of the systems and applications for which the Services are provided, and he may, in accordance with the provisions of any law and/or agreement, contract with the Company.

1.7. The User declares and undertakes that the information and content provided by him to the Company for the purpose of providing the services and the information and content that will be uploaded or placed by the User to the Website, do not violate any law and/or rights of third parties. The User alone is responsible for the correctness, completeness, accuracy, reliability and trustworthiness of all such content as it appears in his Website and related applications.

1.8. The User undertakes that no infringing content and/or commercial secrets, and/or intellectual property rights of any kind, and/or offensive content, and/or any content prohibited by any law will be uploaded to the Website. The User hereby confirms that he bears the sole and full responsibility for the content displayed on the Website and applications related to the Website and their compliance with the provisions of any law and hereby exempts Allpay from reviewing the content and its compliance with any law, and undertakes to indemnify the Company any claim and/or lawsuit against it in connection with the contents of the Website.

1.9. The User declares and confirms that he is solely responsible for any commercial activity he performs in connection with the Services, including online commercial activity he performs on the Website and in its applications including various advertisements and marketing means involved and the Company is not and will not be a party to any relationship and/or customer relationship of the User’s and/or his potential customers and/or users of his Website and/or the applications involved. The User will be responsible for all expenses involved in such commercial activity and for the payment of any applicable taxes.

1.10. The User hereby confirms that Allpay does not provide any advice or legal advice of any kind regarding any law or legislation of any kind applicable to the User, his Website, the applications contained therein, his customers (including potential), users of the Website and anything related to the Services complying with any of the provisions of the law. The User has the full and sole responsibility to ensure that the Website and the services he provides comply with his needs, comply with the applicable law provisions as well as his compliance and compliance with his Website and the other applications included in it, at all times, in all legal provisions. The Company will not bear any responsibility whatsoever for the non-compliance of the User or of his Website with the provisions of any law. The User will indemnify Allpay, immediately upon its first demand, for any claim or demand made against Allpay in connection with the non-compliance of the User’s Website and/or any of its applications with any of the provisions of the law.

1.11. Allpay does its best to provide the Services properly and without interruptions. However, and in light of the nature of the communication technologies, there may be interruptions or malfunctions and/or hacking and/or disruptions on the Website, for any reason not related to the Company. It is therefore clarified that the User will not have any claim or demand of any kind towards the Company in respect of any such malfunction or interruptions, including in respect of any damage of any kind that occurs as a result of such a situation.

1.12. The User allows Allpay to publish its name and trademark for marketing purposes, including but not limited, on the Allpay website and presentations, unless otherwise expressly agreed in writing between the parties.

1.13. The User and third parties may use the Company logo in the way that does not harm the image or reputation of the Company. The Company may at any time and in its sole discretion revoke the said authorization to use the logo. Upon receiving such notice, the User or the third party will immediately cease usage of the logo.

1.14. The User undertakes to ensure that all his employees and/or workers on his behalf observe the Terms of Service.

1.15. Allpay is not an accounting software and not licensed by the Israeli Tax Authority. The User must consult with a professional accountant and use licensed software for the purpose of creating accounting reports and making accounting documents.

2.1. The User agrees to pay for the Services based on the tariffs published at https://www.allpay.co.il/pricing. Payment must be made in accordance with the rates specified on the Pricing webpage, which is determined by the User's selected tariff. It's important to note that the Company reserves the right to modify the pricing for the Services at its discretion, with or without prior notice.

2.2. Payment for Allpay Services is facilitated through the recurring charge method using the User's linked bankcard within their personal account. The frequency of these charges is typically once a month, contingent on the chosen payment format.

2.3. The User consents to receive receipts for Service payments exclusively in electronic format.

3.1. The User has the option to discontinue the use of the Services and cease payment for them at any time. To effect this, the User must navigate to the Settings section of their personal account and unlink their bankcard. It's important to note that the Services will remain accessible to the User until the conclusion of the current paid period or package, as determined by the chosen payment format.

3.2 Under no circumstances shall refunds for previously paid funds be granted to the User, as the Services were available to the User.

3.3. Company e-mail address for inquiries and claims: info@allpay.co.il

According to the provisions set forth in this document and the fact of registration at Allpay by the User, the Company grants to the User, and the User receives a non-exclusive, non-transferable, non sub-licensable license to use the Services solely for his business operations.

The user will not allow, permit or assist any third party, and will not do so himself:

5.1. Re-engineering, disassembly into components or trying to discover the source code or the ideas, structure, organization or algorithms underlying the Allpay platform, including its website, applications and components (“Software”).

5.2. Provide, lease, lend, publish, distribute, sublicense, assign, delegate or transfer, or allow others to transfer or use the Software for the benefit of any third party.

5.3. Modify, enhance or create derivative works of the Software. In addition, and without derogating from the above, the User agrees that any repair, modification or adjustment of the Software, made by him (even in violation of the license terms), will be the exclusive property of the Company, and will be subject to the provisions of these Terms of Service. The User hereby irrevocably transfers to the Company all such modifications, changes and adjustments, immediately upon the commencement of their execution.

6.1. All rights of any kind in all of Allpay products and/or in any intellectual property related to the Software will remain solely the property of Allpay.

6.2. The User agrees that at the Website will be a message that the Website is operated by Allpay including a link to the Company’s website.

6.3. The User will save and will not remove, change or obscure any proprietary notice (including the copyright notice) appearing on the Website or any content related to the Services.

6.4. The User undertakes and declares that he has the full copyright and moral rights in the content that he uploads to the Website and that the publication of the content by him does not infringe any right of third parties, including under the Copyright Law, 5768-2007 and/or any other law of any state.

6.5. The User grants Allpay the right to use the information entered and/or uploaded by the User.

7.1. The relationships between the User and the Company as set forth in the Terms of Service (hereinafter the “Agreement”) will begin on the day the User registers on the Company’s website and will continue to apply until the User’s account is deleted by him or the Company. The fact of registration will be considered the User entering any of his personal data on the site or in the Allpay application, be it a phone number, name, surname, e-mail, company name or other data.

7.2. The manner of providing the Services, their components and the Terms of Service may change and even cease temporarily or permanently, at any time, at the sole discretion of the Company and for any reason without violating the Agreement and/or entitling the User to any compensation. In the event the Company decides to stop providing the Services – the User will be given 14 days’ notice to the e-mail indicated by the User at registration.

7.3. The Company will be entitled to suspend the provision of the Services and/or stop its Services immediately and the User will not have any claim in this regard, in the following cases:

A. In any case of non-payment for the Services according to the Pricing and/or any part thereof to the Company and/or in any case of a violation of the Terms of Service by the User that has not been rectified within 7 days from the date of the Company's notification of the violation;

B. In any case when the Company believes that its Services have been abused and/or used illegally and/or used in a manner that harms other Users or third parties of the Company;

C. In case of ongoing repair and/or maintenance work, etc.

D. If the violation committed by the User is irreparable or if the User violates the provisions of the Terms of Service regarding copyright or intellectual property;

E. If the User's company was declared bankrupt, or the User has submitted a request for liquidation or appointment of an official receiver or made a general arrangement with his creditors, or if a request has been submitted involuntarily to perform such actions against the User, and such request has not been canceled within 30 days.

7.4. Upon termination of the license for any reason, the User will immediately cease to use the Services.

7.5. Upon termination of the license for any reason, the Company may, in its sole discretion, remove the User Website and personal area from its servers and permanently delete the User data and content.

7.6. Upon termination of the license for any reason, and at the request of the User, the company will allow the User to create a copy of the latest data backup that exists on the company's servers and which contains the data that has been entered or uploaded by the User or belongs to the User.

7.7. Clauses 5, 6, 8, 9, 10 and their subclauses will continue to be in force even after the termination of the Agreement between the parties.

8.1. Allpay makes every effort to provide reliable and uninterrupted Services through its Application. However, given the inherent complexity of technology and the potential for unforeseen issues, the User acknowledges and agrees that Allpay shall not be held financially liable for any direct or indirect financial losses, including but not limited to lost profits, business interruptions, or any other financial damages arising from the malfunction, downtime, or disruption of its Application and Services. The User understands that the use of Allpay's Services is at their own risk, and the Company disclaims any financial responsibility for such occurrences.

8.2. In no event shall Allpay's total liability, whether arising from contractual, tortious, negligent, strict liability, breach of liability, or any other cause related to the Agreement with the User, exceed the average monthly amount actually paid to Allpay by the User under the Agreement during the three months preceding the date of the claim or damage. If the User has not made payments to the Company in the 30 days prior to the incident in question, the Company shall have no liability towards the User.

8.3. To the extent that applicable law does not permit the limitation of one or more of the aforementioned areas of responsibility, Allpay's liability in such cases shall be limited to the maximum extent allowed by law.

8.4. Allpay provides the option to download electronic invoices or receive them via email. The User is responsible for downloading and saving invoices to their local device and ensuring their secure storage, as Allpay does not guarantee the constant accessibility and safety of invoices within the Application.

8.5. The User's account in Allpay serves as a Signing Device, generating a unique secure electronic digital signature for the User's electronic invoices created through the Allpay platform. The User must maintain full and personal control over the Signing Device throughout their use of the Application and is responsible for its security in accordance with clause 7A of the 'Electronic Signature Law' 5761-2001.

The User undertakes to compensate the Company, its employees, owners and/or anyone on its behalf immediately upon their first written demand, any damage, cost, loss, and expenses (including reasonable lawyers’ expenses) caused to them due to User’s activities and/or any claim by third parties against the Company caused by actions of the User.

10.1. The agreements between the User and the Payment Processor and Acquirer is concluded directly, and Allpay does not interfere with the relationship between them. Allpay does not make decisions regarding the User's transactions, does not have the right to approve or reject transactions, does not make decisions on granting the User the right to use the payment gateway in principle. Only the Payment Processor and Acquirer has the right to make such decisions based on the information and documents provided by the User directly or through the Allpay. The decision to provide financial services to the User is subject to the their approval.

10.2. The terms of service of the Payment Processor and Acquirer are governed by the agreement between them and the User, and are not subject of these Terms of Service.

10.3. Regardless of the terms of the agreement concluded between the User and the Payment Processor or Acquirer, the User authorizes them to deduct any amount from the amount of funds that they will transfer in the interests of the User, including later, depending on circumstances, if such funds are or will be due to the Payment Processor or Acquirer, including fees, for any amount in accordance with Chapter F of the Law on Payment Services 2019 without the need for prior notice (Chapter F governs liability for misuse of the payment system).

10.4.The User permits Allpay to transfer personal information about the User and his business to the Payment Processor and the Acquirer for its verification, processing and other use as part of the provision of services to the User, as well as advertising (that is, the User waives the obligation of Allpay to maintain confidentiality regarding the data provided about the User).

10.5. By using Allpay and entering into the agreement with the Payment Processor and the Acquirer, the User confirms that he is the sole beneficiary of his business.

11.1. The services offered by Allpay include offerings of third party products or services, including payment processors, accounting software, website builders, courier services, various sales tools, and so on (“Third Party Services”), which are usually provided as components plugged into the Allpay platform.

11.2. The Company does not and will not bear any responsibility for the Third Party Services, does not itself represent them and does not give any obligations on their behalf. Allpay is not involved in the client's relationship with Third Party Service providers and is not responsible for their supervision or quality.

11.3. The interaction of the User with a third party in order to obtain Third Party Services is carried out solely at the risk and responsibility of the user (including their quality, availability, etc.). The support and provision of such services is the sole responsibility of the respective third party and is subject to the third party's terms and conditions. The User acknowledges that he is aware that such Third Party Services may involve payment to Allpay and/or a third party.

11.4. Allpay has the right, at its sole discretion, to terminate the support or provision of any Third Party Services to the User without any liability to the User and/or third party.

12.1. The relationship between the Company and the User is an independent contractor-client relationship.

12.2. These Terms of Service are subject to the provisions of the law applicable in Israel and the court in Tel Aviv has the exclusive authority to hear any dispute related to it.

12.3. Any provision of this Terms of Service that is found to be invalid or unenforceable shall not invalidate the validity of other provisions.

12.4. In the event of a conflict between provisions of the Terms of Service and any other document or publication, these provisions shall prevail.

12.5. The Company may transfer or assign its rights and/or obligations under or in connection with this Agreement.

12.7. This Agreement supersedes any prior agreement, consent and/or obligation, whether verbal or written, express or implied, in all matters relating to prior relationship between the parties.

12.8. Allpay reserves the right to upgrade, replace and modify the Services at its sole discretion. In addition, the Company may change the Terms of Service from time to time. Updated Terms of Service get in force upon its publication on the Company’s website .

12.9. The Company’s rights under the Terms of Service will not be infringed due to an overdue or delay in response to the User and non-response of the Company will not be considered a waiver.

12.10. The parties’ addresses: The User’s phone number and e-mail address as provided at registration on the Company’s website. The Company’s address: info@allpay.co.il. Any letter sent by email or SMS from one to the other according to the addresses indicated above will be considered delivered within seven business days.