Terms of use

Please read this document carefully before installing and using the Atraf mobile application, its web version, and the websites at www.atraf.co.il and www.atraf.com (hereinafter: "Atraf", "the Service", "the Application", or "the Site").

1. Acceptance of the Terms of Use of Atraf
You hereby acknowledge and agree that installing and using Atraf, owned by Cyberserve Internet and Communication Ltd. (Company No. 512567777) (hereinafter: "the Company", "we", or "us"), is subject to these Terms of Use, which constitute a legally binding agreement, and that these Terms are understood and accepted by you ("the Terms of Use"). If you do not agree to the provisions of the Terms of Use, do not install the Application and do not use it or its web version. Without derogating from the foregoing, in cases where consumer protection laws or any other applicable local laws or regulations grant you statutory rights not detailed in these Terms of Use, these Terms will limit such rights only to the maximum extent permitted by those laws or regulations.

2. The Services
Atraf serves as a dating platform in Israel and worldwide, whether the services are provided free of charge ("Free Services") or for payment ("Paid Services") (together, "the Services").

3. Free Services
We provide free access to certain functions on Atraf, with certain usage limitations, which may change from time to time.

4. Paid Services
We may offer an optional subscription that provides additional "Premium" features not available to users of the Free Services, enabling unlimited use of the Service. The subscription may be purchased directly from the various app stores at a price based on the renewal period chosen (monthly, quarterly, semiannual, etc.). The cost of the Paid Services may change from time to time. Please note that billing is carried out directly by the respective app stores, and you may change or cancel your subscription renewal at any time through the subscription page in the app store. We have no access to the billing process and cannot change, cancel, or otherwise affect the payment process. You are fully and solely responsible for any purchase, change, or cancellation of a Paid Services subscription.

5. Age Restriction
You represent and warrant that you are at least 18 years old. We reserve the right to suspend or cancel your subscription without prior notice if we discover or suspect that you are under 18.

6. Sexually Explicit Content
You acknowledge that some of the content published on the Application, including content, images, and videos, may be explicit or of a sexual nature ("the Content"). You declare that such Content does not offend you in any way, and full responsibility for use and viewing lies with you alone.

7. License
Subject to these Terms of Use, we hereby grant you a limited, personal, non-exclusive, non-transferable, non-commercial, non-sublicensable, and fully revocable license ("the License") to download, install, and use the Application or Site on your mobile phone, tablet, or any other platform (each, a "Platform"), in accordance with these Terms of Use and applicable law.

8. User Obligations
You hereby undertake not to perform the following actions:

• impersonate any person or entity;
• use threatening, racist, or offensive content that may harm the public;
• upload or publish content that constitutes or may constitute defamation, invasion of privacy (including the privacy rights of third parties), disclosure of health status, impersonation, copyright or intellectual property infringement, breach of contractual rights, or any violation of other legal rights;
• upload or publish obscene, offensive, pornographic, or violent content;
• publish offensive comments towards other users;
• upload illegal content to the Application, or content that encourages or assists in committing a criminal offense under applicable law;
• publish, offer, or solicit sexual services for payment, including escort services, either explicitly or implicitly;
• upload or publish any content related to minors, including images, or any content that may identify or be associated with minors;
• use the Services or information about the location of other users to harass, stalk, defame, deceive, or threaten users, including collecting personal data about them.
  Any violation of these guidelines may result in the blocking of your user account and termination of your access to the Service.

9. License Restrictions
You hereby agree not to perform or permit any third party to:

• sublicense, redistribute, sell, lease, lend, or rent the Application or Site;
• share your user account with others;
• decompile, reverse-engineer, disassemble, decipher, or attempt to derive the source code of the Application or Site;
• copy, modify, enhance, or create derivative works of the Application or Site or any part thereof;
• bypass, disable, or otherwise interfere with security-related features or features that prevent/restrict use or copying of any content or enforce limitations on the use of Atraf;
• remove, alter, or obscure any proprietary notice or identification, including copyright, trademarks, patents, or other notices contained in or displayed on Atraf;
• use any communication systems provided by Atraf to send unauthorized or unsolicited commercial communications;
• use Atraf’s name, logo, or trademarks without our prior written consent;
• use Atraf to violate any applicable laws, rules, or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that violates these Terms.

10. User Account
To use Atraf, you must create a user account ("User Account"). When creating a User Account, you must provide certain information about yourself (e.g., mobile phone number, city of residence, nickname, date of birth, height, etc.). We cannot guarantee, and are not responsible for, verifying the accuracy of information provided by users on our Services. You are solely responsible for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account.

11. User Account Limitation
We may disable your account immediately to protect Atraf or our Services if you create risk or legal exposure for us, violate these Terms of Use, infringe the rights of other users, or if we suspect abuse of Atraf, its Content, or Services. If you believe your account was closed in error, or if you wish to disable or permanently delete your account, please contact us at support@atraf.co.il. If a Paid Subscription user is blocked due to a violation of the Terms of Use, subscription fees will not be refunded. Since payments are processed by the app stores, we cannot independently cancel a Paid Subscription – it is the responsibility of the subscriber to cancel through the app store to avoid financial loss. The Company shall not be liable for any financial or other damages incurred if the subscription is not canceled directly through the app store.

12. Use of the Service
You agree that your use of the Services is at your sole risk and that you will not use the Services to violate any applicable law, regulation, policy, or instructions set forth in these Terms, nor encourage or enable others to do so.
We have no control over the conduct of our users or the content they upload. You are solely responsible for your use of Atraf and your interactions with other users. We make no representations or commitments regarding the behavior, identity, intentions, legitimacy, or truthfulness of any users.
To maintain a safe and positive experience, we recommend refraining from sharing personal information or identifying details with strangers, from sending sexual images, from sharing bank account or payment details, and from engaging in unpleasant or harassing conversations.
Currently, we do not conduct background checks on our users and do not attempt to verify the information they provide when creating an account.
If you have a dispute with any third party related to your use of the Service, you hereby release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or related in any way to such disputes.
In any case, if we become aware of illegal or prohibited use of the Services or misconduct, we reserve the right to report it to the relevant authorities.

13. Location Data
Certain features of Atraf may collect or rely on data related to your geographic location ("Location Data"). If you wish to use these features, you agree to provide or make available your Location Data to us. We will use Location Data in accordance with our Privacy Policy. If you do not provide or make Location Data available, such features may be limited or not function.

14. Intellectual Property
Ownership of Atraf and all content appearing therein is the exclusive property of the Company. We reserve all rights not expressly granted in these Terms of Use. "Intellectual Property Rights" means all rights and interests in any trade secret, patent, copyright, service mark, trademark, know-how, or similar intellectual property rights, as well as all moral rights, privacy rights, publicity rights, and similar rights of any kind under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
The content on Atraf, including text, information, documents, descriptions, products, software, graphics, images, sounds, videos, interactive features, and services, trademarks, service marks, and logos contained therein, are the property of the Company or its licensors and may be protected under copyright or intellectual property laws and treaties.
The content on Atraf is provided "as is" (AS IS) for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse-engineered, or otherwise exploited for any other purpose without our prior written consent. If you download or print a copy of the content, you must retain all copyright and proprietary notices contained therein.

15. Third-Party Sources and Content
Atraf allows you to view, access, link to, and use content from third-party sources not owned or controlled by us ("Third-Party Content"). Atraf may also enable you to communicate with third-party sources. "Third-Party Source" means: third-party websites and services, our partners and clients, and the platform manufacturer and operating system provider.
We are not affiliated with and have no control over any Third-Party Sources. We are not responsible for the content, terms of use, privacy policies, actions, or practices of any Third-Party Sources. Please read the terms of use and privacy policies of any Third-Party Source you interact with before engaging with them.
We expressly disclaim all responsibility for the accuracy, appropriateness, usefulness, safety, or intellectual property rights of or relating to any Third-Party Content.
You are solely responsible for your interaction with any Third-Party Source. You agree to release and hereby release the Company, to the maximum extent permitted by law, from any responsibility arising from your use or interaction with any Third-Party Content or Source. If you have any questions or complaints regarding a Third-Party Source or Content, you agree to contact them directly.
Third-Party Open-Source Software.Parts of Atraf may include third-party open-source software subject to third-party terms and conditions ("Third-Party Terms"). A list of third-party open-source software and related terms is available upon request from customer support. If any conflict arises between Third-Party Terms and these Terms, the Third-Party Terms will prevail solely in relation to the applicable open-source software. Notwithstanding anything else herein, the Company provides no warranties or indemnities in relation to third-party open-source software.
We will use any personal information we may collect or obtain in connection with Atraf in accordance with our Privacy Policy. By using Atraf, you consent to such use. We may use your personal information in aggregate form for internal purposes (e.g., quality assurance). You acknowledge that you are not legally obligated to provide us with personal information, and you confirm that your use of Atraf and the provision of such personal information is voluntary. Please also note that certain personal information and other data you provide in connection with your use of Atraf may be stored on your device (even if we do not collect it) ("End Device"). You are solely responsible for securing your End Device against unauthorized access.

16. Disclaimer of Warranties
We provide the Service "as is" (AS IS) and "as available" (AS AVAILABLE).
We do not warrant that the use of the Service will be uninterrupted or virus-free, available at all times, error-free, or meet your requirements, or that any defects in Atraf will be corrected.
We reserve the right to modify from time to time the structure, appearance, and services offered by Atraf, their scope, availability, and any other aspect related thereto.
We are not responsible for any personal injury or other damages that may result to you, directly or indirectly, from any use or misuse of Atraf.

17. Limitation of Liability
To the maximum extent permitted by law, under no circumstances shall we be liable for any special, indirect, incidental, punitive, or consequential damages, or for any loss of data, revenue, employment, or goodwill, arising out of the use or inability to use Atraf, even if we were advised of the possibility of such damages.
In any event and subject to law, our total liability for all damages and losses arising under or in connection with these Terms, or resulting from your use or inability to use Atraf, shall not exceed the actual amount you paid us for the use of Atraf.
Indemnification.
You agree to indemnify us, our officers, directors, employees, and agents, as applicable, against any claim, damages, obligations, losses, costs, and expenses (including attorney’s fees) arising from your use or inability to use Atraf, breach of this agreement, or infringement of any third-party rights, including copyrights, property rights, or privacy rights. Without limiting your obligations hereunder, we reserve the right, but are not obligated, to assume the exclusive defense and control of any matter subject to indemnification by you if you choose not to defend or settle it. You agree not to settle any such matter without our prior express approval.

18. Term
This agreement remains valid until terminated by us or by your discontinuation of the use of Atraf. Provisions relating to intellectual property, privacy, disclaimers, limitation of liability, and indemnification shall survive termination of these Terms of Use.

19. Apple Terms
The following provisions apply to any Application purchased from the App Store.
Without derogating from the limitation of liability and disclaimers specified in these Terms, you acknowledge and agree that:

• (a) these Terms of Use are concluded solely between you and the Company, and not with Apple Inc. ("Apple");
• (b) the Company, and not Apple, is solely responsible for the Application and its content;
• (c) the Company is solely responsible for providing support and maintenance services for the Application, subject to these Terms or as required by applicable law;
• (d) Apple has no obligation whatsoever to provide any support or maintenance in connection with the Application; to the maximum extent permitted by applicable law, Apple shall have no other obligations with respect to the Application, and any claims, losses, liabilities, damages, costs, or expenses related to failure to comply with warranties shall be governed solely by these Terms and applicable law binding the Company as the Application provider;
• (e) you acknowledge that the Company, not Apple, is responsible for addressing any of your or any third party’s claims relating to the Application or its possession and/or use, including but not limited to: (1) claims that the Application fails to comply with any applicable legal or regulatory requirement; and (2) claims arising under consumer protection or similar laws;
• (f) in the event of any third-party claim that the Application or your possession or use of the Application infringes a third party’s intellectual property rights, Apple shall not be responsible for investigating, defending, settling, or discharging such claim;
• (g) Apple and its subsidiaries are third-party beneficiaries of these Terms of Use. By agreeing to these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary;
• (h) use of the Application shall also be subject to Apple’s usage rules, including those set forth in the Apple App Store Terms of Service, effective as of your agreement to these Terms of Use;
• (i) the license granted hereunder is limited to a non-transferable right to use the Application on any iPhone, iPod Touch, iPad, or other Apple-branded product you own or control that runs iOS.
  You represent and warrant that:
• (a) you are not located in a country subject to a U.S. Government embargo or 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.

By agreeing to these Terms of Use, to the extent permitted by law, you waive the applicability of any law requiring these Terms of Use to be adapted to Hebrew or to other local requirements. If such waiver is not permitted, you agree to be bound by Apple’s standard End User License Agreement (EULA), as part of the Apple App Store Terms of Service, as amended from time to time, available at: https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula.

20. Governing Law
This agreement shall be governed solely by the laws of the State of Israel. The exclusive jurisdiction for any matter related to this agreement and the use of the Site shall be vested in the competent courts of the Tel Aviv-Jaffa District.