Terms of use

Recently updated: May 2018

These Terms of Use (the "Terms") govern your relationship with Superfy Technologies Ltd. and its current and future parents, subsidiaries and affiliates (collectively, "Superfy" or "We") and set forth the terms and conditions under which Superfy makes available its mobile application for ad-hoc content-based connections between users through instant messaging in order to exchange information (the "App") and the services available through the App, or as otherwise provided by Superfy (the "Services"), to each person or entity (the "User" or "you") accessing or using the App and/or the Services.

By using and/or downloading the App and by confirming the Terms as they appear at the App on Your first use, you agree to be bound by these Terms, as may be amended from time to time. Please read these Terms carefully and visit this page regularly for updates and changes. If you do not agree to be bound by these Terms, you should remove the App from your device and discontinue use of the Services. As long as you do not cease using any of the Services, You will be conclusively deemed to have accepted these Terms.

The Highlights

Please note that any use, access or purchase from any business affiliated with the Services may be subject to different and/or additional terms for such respective service or business, and you should review such terms prior to using any such service.

1. Our Services

1.1. The App was developed and designed by Superfy as a platform for connecting users who have questions and inquiries in various topics with users who have experience or expertise in the relevant fields, and will be able to provide appropriate responses, and enable such users to interact directly with each other.

1.2. The App allows you to submit questions and answers, and to share information with other Users. When you submit a question or inquiry through the App, the app locates Users who are likely to be able to provide you with the best answer to your question, and refer your question to them. In turn they then may respond directly to you and provide you with a response to your question. While we strive to make connections between Users who submit questions and Users who are likely to provide the best answers, we cannot guarantee that in each case we will be able to transfer your question to the most suitable User.

1.3. In addition, we cannot control, review or approve any response provided by a User to another User's question through the App. Questions and responses shared by Users through the App, as well as any other information transferred by Users through the App, including messages, text, data, information, images, photographs, graphics, video or audio, constitute user generated content ("User Content").

1.4. It is hereby clarified that all User Content submitted to the App should not contain any sensitive personal information. User Content submitted by you may be viewed and used by Superfy as specified hereunder.

1.5. If you choose to submit an inquiry via the App, you should exercise discretion and judgment in connection with any response you receive, and consider carefully whether to adopt, implement or use any recommendations, answers, solutions or any other information provided to you by other Users. If you choose to submit a response to another User's inquiry via the App, you undertake to respond to the inquiry in good faith and while exercising your best efforts to provide a suitable, appropriate, effective response. You hereby undertake not to use the App in any way which may be offensive, objectionable or infringing upon another User's rights . You hereby acknowledge and warrant that you are aware that information provided through the App is user generated, and is not provided, reviewed, or vetted by us, before it's uploaded to the App, in any way. Superfy makes no representations or warranties in connection with any information provided through the App and shall not be liable to any damages which may arise in connection with such information.

1.6. Currently the App is offered free of charge. Superfy has the right to decide, at any time, to charge a fee for the use of the App.

1.7. Please note that third party advertisements may appear on the App from time to time. Superfy does not endorse these advertisements, nor do such advertisements represent any recommendation provided by Superfy.

1.8. Superfy reserves the right at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User's access thereto, and to modify, suspend or terminate the App or any part thereof, all at its sole discretion. You will have no claim, complaint or demand against Superfy or against any related parties or affiliates of Superfy, for applying such changes or for failures incidental to such changes.

1.9. Any User who has received a response to its question or inquiry by another User may exercise the super like option in order to rate the other User's response ("Super Like"). Superfy might use the Super Like option to implement a rate scale of which Users can rate other Users' responses and answers.

2. Registration

2.1. In order to use the App and/or Service You will have to sign up to the App by login through your Facebook account. By connecting to the App through your Facebook account you authorize and approve that Superfy may access and use certain information contained in your Facebook account, including but not limited to your Facebook profile name and picture, your friends, pages and posts you follow or like, information you uploaded to your Facebook account etc., ("Profile Information"). For more information regarding the information we collect from you and how we use it, please review our Privacy Policy.

2.2. You provide us with the Profile Information voluntarily. You are not required by law to provide us the Profile Information. You acknowledge however, that as the Services are currently offered only through connecting via your Facebook account, they will not be available without providing us with the Profile Information.

2.3. The Profile Information and any other information you provide to us or via the App must be correct, current, accurate and complete. You are entirely responsible for maintaining the confidentiality of your login credentials, including but not limited to, username and password. You agree and undertake not to use the login credentials of another User at any time, or to disclose your login credentials to any other user or other third party . You are responsible for all activities that occur through your account on the App. You agree to notify us immediately if you suspect any unauthorized use of your login credentials.

2.4. As you register, by using your Facebook account, you acknowledge that your Profile Information will be disclosed to Superfy. In addition, Users you interact with on the App shall see your Facebook profile picture, your full name, age, gender, location, "about me" information and mutual likes. You may submit an anonymous question or answer through the App by using the anonymous option on the App and changing the default settings of your account ("Anonymous Option") . By choosing the Anonymous Option your name and picture will not be disclosed to other Users who interact with you on the App. Please note however, that the Anonymous Option will only conceal your identity from other Users and not from Superfy .

2.5. Please note that your use of the App and Service via your Facebook account may also be governed by Facebook's privacy policy. Superfy is not responsible for the policies or practices of Facebook or other third parties. You should review the applicable privacy policy of Facebook before logging into the App through Your Facebook account.

3. Intellectual Property

Content and information provided on and through the App and/or Services, including, without limitation, any of Superfy logos, trademarks, graphics, designs, information, texts, images, data, underlying software, code, algorithm, technology and other material displayed, available or presented through the App and/or Services, (the "Superfy Content") are the copyrighted and/or trademarked work of Superfy and/or proprietary information and knowledge protected under trade secret, owned exclusively by Superfy and its affiliates and/or its licensors. Superfy retains all rights, including any and all intellectual property rights, in the App, the Services, and the Superfy Content. You have no right to modify, edit, copy, distribute, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the App or the Services or Superfy Content in any manner.

4. Notice and Take Down Procedure

4.1. Superfy respects the rights of Users and third parties. If you believe a certain content uploaded or sent through the App infringes your rights or the rights of others, including without limitation, intellectual property rights, privacy rights, etc., you should notify us immediately of such content, by using the report interface on the App.

4.2. When providing us with notification of infringing content, please specify the following details:

4.2.1. Identify the material that you claim is infringing, as well as material infringed if any.

4.2.2. Provide information reasonably sufficient to permit Superfy to contact you (email address is preferred).

4.2.3. Provide information, if possible, sufficient to permit Superfy to notify the owner/administrator of the allegedly infringing content (email address is preferred).

4.2.4. Provide a statement that it is your good faith belief that the content identified is infringing and that the information you provided is accurate and complete.

Superfy may block contested content, and may reinstate it, and shall not be liable for any such action taken in connection with contested content.

5. Restricted Uses

The App is intended to create a safe community in which Users can interact with each other, and an efficient platform for finding the answers you need and the people who can provide them. Therefore, you hereby represent and warrant that you will not misuse the App in any way contrary to these Terms or any applicable law, or use the App in any way which might infringe upon the rights of any other User or other third party.

Furthermore, and without limiting any other obligations under these Terms or applicable law, you undertake that you shall not, and shall not permit others to:

5.1. Modify the App and/or Services, or decompile, disassemble, or otherwise attempt, directly or indirectly, to disrupt the App and/or Services, servers or networks connected to the App or the Services, deny service to, hack, crack, reverse engineer, or otherwise interfere with the App and/or the Services and their underlying software, or other technology, code, algorithm or other proprietary information of Superfy in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the App or the Services and/or interfere with the automatic process of downloading and/or installing the mandatory updates or upgrades to the App, with or without notification.

5.2. Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the App, Services, technology or any software thereto;

5.3. Create a database by systematically downloading and storing all or any content from the App or the Services;

5.4. Use the App and/or Services for any illegal, immoral or unauthorized purpose, to encourage criminal behavior or conduct that would constitute a criminal offense under any law, or in a manner that could give rise to civil liability or other lawsuit, including but not limited to, using the App and/or Services in order to download content in violation of copyright, for distribution or development of any malware, take any action relating to piracy on the web, etc.;

5.5. Use the App and/or Services in a way that infringes or violates these Terms, or infringes or violates the rights of any third party.

5.6. Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of our App, Service or any of Superfy Content.

6. Non-Reliance On Information

6.1. The App and/or Services do not provide, replace or recommend any professional advice or recommendations of any kind in a relation to any question or inquiry submitted by a User. Any User Content communicated through the App and/or Services does not constitute professional advice (nor is it intended to substitute for such advice in any respect). Content and answers provided through the App are User generated content. Superfy does not endorse, promote, check or approve any such content .

6.2. The User Content submitted to the App and/or Services is for informational purposes only. You acknowledge that when using our App and/or Services You may be exposed to User Content from a variety of sources and that Superfy is not responsible for the quality, truth, accuracy, usefulness or safety of such content.

7. User Content

7.1. The App allows you to share User Content and to interact directly with other Users. You are solely responsible to any and all User Content communicated, submitted or transmitted by you through the App or Services.

7.2. You should be aware that any User Content you publish or share through the App may be viewed and used by other Users, as well as Superfy. We are not responsible for any personal content, or personally identifiable information, you choose to submit or share through the App and you are solely responsible to protect your privacy by what you decide to publicly share through the App. You should share User Content with discretion and in accordance with these Terms.

7.3. You undertake and approve that you will not upload, post, email, distribute, share, communicate, transmit or otherwise make available through the App any User Content: (i) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any third party, (iii) that you do not have the right to make available by reason of any law or contractual or fiduciary relationship, or (iv) that comprises or includes any "junk mail", "spam", advertisements, or disrupt discussions with repetitive messages (v) that contains any discreet or sensitive information about you or any User, such as medical information, information about sexual life or orientation, political affiliation, etc.

7.4. By uploading, communicating or transmitting any user Content using the App or the Services, you hereby represent and warrant that your content contribution is your own original work, does not infringe any third party's rights (including copyrights and privacy rights), is not defamatory, offensive or unlawful and that such information shall be deemed to be non-confidential.

7.5. You hereby grant Superfy an irrevocable, perpetual, non-exclusive, royalty-free and worldwide license to collect, use and analyze any User Content uploaded by you to the App and/or the Services, in any way we may reasonably choose, for the purposes of providing the Services, analyzing the effectiveness of the Services (such as making the best matches between Users), for the optimization of the Services and to customize Users experience while using the App and/or the Services. You further grant us the right, without limitation, to copy, transmit, excerpt, publish, distribute, publicly display, create derivative works of, host, index, cache, tag and modify, in any form or media now known or hereinafter developed, the User Content and you warrant to Superfy that you have the right to grant such license for such purposes.

7.6. You further acknowledge and agree that Superfy is not responsible for any User Content uploaded or shared through the App, and does not guarantee the accuracy, integrity, quality, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness of such User Content. You acknowledge that any and all User Content, including answers and responses you receive to questions and inquiries you submit through the App, are User Content, do not originate from Superfy, and Superfy does not guarantee or warrant in any way that a response you receive through the App will be suitable, complete, accurate, of high quality, or compatible to the question or inquiry you submitted.

7.7. Notwithstanding the foregoing, Superfy may, but is not obligated to, review all User Content and block, modify, edit, delete, terminate access to, or remove any such User Content that Superfy, in its sole discretion, considers being non-compliant with any of the requirements of these Terms.

7.8. Superfy reserves the right to purge User Content from its databases at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any User Content uploaded to or received from the App or through the Services. Superfy shall not be liable for any purging, deletion or failure to retain any such User Content.

7.9. By using the App and the Services, You hereby acknowledge and agree that you may be exposed to User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. You further acknowledge that Superfy will not be responsible to any damages arising in connection with such User Content.

If you see any User Content on the App that violates these Terms, please report it within the App or via info@superfy.co. Superfy reserves the right to block you from contacting another User, at any time without notice, if it believes that you have or will violate these Terms. Moreover, Superfy reserves the right to block User from using the App and/or the Services in case of violation of these Terms or applicable law.

8. Limitations of Liability and Warranty Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT THE APP AND THE SERVICES AND ANY OF THEIR CONTENT, ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS", ARE USED ONLY AT YOUR OWN RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

Superfy disclaims all warranties, express or implied, of any kind, regarding the App or the Services (including any content, information, software, links, advertisement, Deep Linking), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to the fullest extent permitted by applicable law.

A USER FURTHER ASSUMES FULL, EXCLUSIVE AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES AND ON ANY RESPONSES OR INFORMATION PROVIDED TO THE USER THROUGH THE APP, AND ACKNOWLEDGES THAT ANY USE OF OR RELIANCE ON THE SERVICES OR SUCH RESPONSES OR INFORMATION IS MADE ENTIRELY AT THE USER'S OWN RISK.

8.1. SUPERFY'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SUPERFY (INCLUDING WITHOUT LIMITATION YOUR USE OF THE APP AND/OR SERVICES) IS TO DISCONTINUE YOUR USE OF THE SERVICES AND REMOVE THE APP FROM YOUR DEVICE. SUPERFY AND ITS AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN) ARISING FROM YOUR USE OF THE APP AND/OR SERVICES AND/OR IN CONECTION TO ANY USER CONTENT OR ANY OTHER INFORMATION OR DATA PROVIDED TO YOU BY OTHER USERS VIA THE APP OR THE SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUPERFY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUPERFY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, SUPERFY WOULD NOT BE ABLE TO OFFER THE APP OR THE SERVICES.

8.2. You acknowledge and understand that the App and/or Services require internet connection which may have different associated charges (such as mobile data expenses) and necessitate consumption of the mobile device battery. You shall have no claim or demand towards Superfy with regards to the aforesaid.

8.3. User Content or other content available through the App and Services may contain links to third party websites that are not owned or controlled by us. Superfy has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Superfy will not and cannot censor or edit the content of any third-party App. By using the App and Service, you expressly acknowledge and agree that Superfy shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

9. Indemnification.

You agree to defend, indemnify, and hold harmless Superfy, its members, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the App or Services, and any use of the App or Services made through Your account; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright or other intellectual property, property, or privacy right.

10. Miscellaneous

10.1. Beta. You understand and acknowledge that the App and Services are currently in their testing stage, and are made available as a "Beta" version. This means that we have not yet completed development of Services and that not all features are completely functional or available.

10.2. Waiver; Severability. The failure to require performance of any provision shall not affect Superfy's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

10.3. Assignment. Superfy may assign these Terms at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.

10.4. Choice of Law. Unless expressly stated to the contrary elsewhere within the App or Services, the App, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel Aviv, Israel.

10.5. Amendments and Modifications . Superfy may, at any time and from time to time, modify these Terms. Modifications to these Terms will be posted on the App.

10.6. Notification. Superfy may provide notices to You by email to the email address specified by You (to the extent that You have been requested to submit Your email), by posting a message to Your account interface or by posting a message on the App, and is deemed received when sent. In addition, any notices to Superfy or questions regarding these Terms may be sent to: info@superfy.co.

10.7. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms between You and Superfy.