Terms and Conditions

Terms of Use

Last Revised: Dec 17, 2024

Welcome to nehabi.com Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us and to make our services possible and more enjoyable for everyone. Nehabi offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.

We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have suggestions on how we can improve them, you are welcome to contact us.

1.Introduction

1.1. Our Purpose

Our services offer our Users (as defined below) the ability to easily create a beautiful and highly functional online presence, manage and promote businesses, content, and ideas, and have an overall great experience doing so – even without any line of code. As detailed below, we offer our users numerous tools and features for creating, publishing, and use of stunning websites, online e-commerce platforms, newsletters, galleries, media players, and other online and mobile applications, tools, and services. The online, and mobile websites, functionalities, and platforms created by Users are collectively referred to herein as “User Platform(s)”.

1.2. Legal Agreement

These Nehabi.ashewa.com Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the Nehabi.ashewa.com website(s) (“Nehabi Website”, and collectively – the “Nehabi Terms”), set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of the Nehabi Website, the Nehabi mobile application (the “Nehabi App”) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the Nehabi Website or the Nehabi App, collectively – the “Nehabi Services” or “Services”). For the avoidance of doubt, Nehabi Services (as defined in these Terms of Use) do not include services, applications, features, or components that were built, developed, connected or offered by a Nehabi User, even if presented on the Nehabi Website or the Nehabi App.

The Nehabi Terms constitute a binding and enforceable legal contract between Nehabi.ashewa.com Ltd. and its affiliated companies and subsidiaries worldwide (“Nehabi”, “us” or “we”) and you in relation to the use of any Nehabi Services – so please read them carefully.

You may visit and/or use the Nehabi Services if you fully agree to the Nehabi Terms – and by using and/or registering to any of the Nehabi Services, you signify and affirm your informed consent to these Terms of Use and any other Nehabi Terms applicable to your use of any Nehabi Services. If you do not read, or fully understand or if you do not agree to the Nehabi Terms, you must immediately leave the Nehabi Website and avoid or discontinue all use of the Nehabi Services or Nehabi App.

1.3. User Account

In order to access and use the Nehabi Services, you must first register and create an account with Nehabi (“User Account”).

If you register to Nehabi Services please note the following:

These Terms of Use are applicable in addition to any arrangement by and between you and the seller, and they govern your use of the Nehabi Services.
As between you and Nehabi, per your relationship with Nehabi and unless otherwise specifically indicated in these Terms of Use, these Terms of Use supersede any arrangement between you and the seller with regard to your use of the Nehabi Services and/or activities in your User Account (or the User Account to which you are added).

1.4 Access to Accounts; Roles and Permissions

You may invite others to your User Account and your User Platforms and assign them certain roles and permissions to perform certain activities within your User Account and User Platforms.

A person granted permission to perform activities on a User Account that such person does not own is referred to herein as a “Contributor”.

If anyone other than yourself (including Contributors) accesses your User Account and/or any of your User Platforms’ settings, they may also (and if done by a Contributors, depending on the roles and permissions you assign them), perform actions available to you (unless as specifically stated otherwise on the Nehabi Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name as the owner of the User Account, whether or not specifically authorized by you.

Therefore, we strongly encourage you to

keep the log-in credentials of your User Account confidential, and
allow access to your User Account, only to people you trust – as you will be service and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties, and undertakings made therein and including by any Contributor), and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using Nehabi Services. We strongly encourage you to provide your own (or your company’s, as applicable) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

1.5 Account Ownership

For each User Platform, Nehabi will consider the owner of such User Platform to be the person or entity whose email address is listed in Nehabi’s records as the owner of the User Account under which the User Platform was created.

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such a determination (as we may deem in our service discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without Nehabi having any liability to you or to any other party. We may request documentation (e.g., government-issued ID, a business license) that may assist us in determining ownership.

Nehabi will consider the person or entity who has access to the e-mail address (listed in Nehabi’s records for a User Account under which such User Platform or User Content was created) as the owner of a User Account, User Platform, and/or User Content created and/or uploaded to the relevant Nehabi Service.
If any Paid Services were purchased via a User Account, Nehabi may consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, as the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”).

If you are a Reseller User the ownership of the respective User Account may be determined by Nehabi pursuant to the terms of the Reseller Agreement.

2. Your Obligations

2.1. You undertake and agree to:

fully comply with all applicable laws and any other contractual terms which govern your use of the Nehabi Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
be service responsible and liable with respect to any of the uses of the Nehabi Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, storing, collecting, importing, exporting, uploading, copying, using or publishing such User Content on or with respect to the Nehabi Services);
regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications features, services, and/or Third Party Services used, connected, presented or developed by you;
receive from time to time promotional messages and materials from Nehabi or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please notify us at any time;
allow Nehabi to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Nehabi’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Nehabi or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
Nehabi’s service discretion as to the means, manner, and method for performing the Nehabi Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
Nehabi shall have the right to offer the Nehabi Services in alternative price plans and impose different restrictions for the upload, storage, download and use of the Nehabi Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, the volume of download time, number of subscribers to your Content, the volume of storage, etc.
By using our services, you agree that websites created on Nehabi may be adapted as templates for other customers, it may also used customers showcased for promotional and advertising your profile for Nehabi visitors. Any personal or sensitive information will be excluded. If you prefer to opt out, please contact our support team.

2.2. You agree and undertake not to:

copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Nehabi Website, the Nehabi Services (or any part thereof), any Content offered by Nehabi or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Nehabi’s prior written and specific consent and/or as expressly permitted under the Nehabi Terms;
submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Nehabi or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
upload, insert, collect or otherwise make available within the Nehabi Website or the Nehabi Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
publish and/or make any use of the Nehabi Services or Licensed Content on any website, media, network or system other than those provided by Nehabi, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Nehabi Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Nehabi, in advance and in writing;
act in a manner which might be perceived as damaging to Nehabi’s reputation and goodwill or which may bring Nehabi into disrepute or harm;
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Nehabi or Nehabi Marks and/or variations and misspellings thereof;
impersonate any person or entity or provide false information on the Nehabi Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Nehabi and/or any End Users;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Nehabi or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
reverse look-up, trace, or seek to trace another User of Nehabi Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Nehabi Services and/or User Platform without their express and informed consent;
disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Nehabi Services, User Platform, the account of another User(s), or any other systems or networks connected to the Nehabi Services, by hacking, password mining, or other illegitimate or prohibited means;
probe, scan, or test the vulnerability of the Nehabi Services or any network connected to the Nehabi Services;
upload to the Nehabi Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Nehabi Services or Nehabi’s systems or networks connected to the Nehabi Services, or otherwise interfere with or disrupt the operation of any of the Nehabi Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
utilize any of the Nehabi Services or Nehabi Systems for storage and/or video streaming purposes (whether for main streaming purposes or not). For example, creating and operating websites whose purpose is video streaming or main purpose is file storage. Including indirect utilization, through integration or connection with third-party platforms or services;
access to Nehabi Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Nehabi Services, except as expressly permitted by the Nehabi Terms;
remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Nehabi Services and/or Licensed Content; or
violate, attempt to violate, or otherwise fail to comply with any of the Nehabi Terms or any laws or requirements applicable to your use of the Nehabi Services.
access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

3.Content and Ownership

3.1. Your Intellectual Property

As between Nehabi and you, you shall own all intellectual property pertaining to your User Content and to any other materials created, developed, or connected to Nehabi Services by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text and literary works. Nehabi does not claim ownership rights on your User Content or the content you connected to the Nehabi Services. You know and agree that in order to provide the Services to you and to maintain and improve the Services (the “Purpose”) we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to train our software tools (e.g. artificial intelligence and machine learning models), to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use your User Content for the Purpose.

3.2. Nehabi’s Intellectual Property

All rights, title and interest in and to the Nehabi Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Nehabi Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Nehabi.

Subject to your full compliance with the Nehabi Terms and timely payment of all applicable Fees, Nehabi hereby grants you, upon creating your User Account and for as long as Nehabi wishes to provide you with the Nehabi Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Nehabi Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, service as expressly permitted under the Nehabi Terms, and service within the Nehabi Services.

The Nehabi Terms do not convey any right or interest in or to Nehabi’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Nehabi Terms constitutes an assignment or waiver of Nehabi’s Intellectual Property rights under any law.

3.3. Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the Nehabi Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Nehabi. By providing such Feedback to Nehabi, you acknowledge and agree that it may be used by Nehabi in order to:

further develop, customize and improve of the Nehabi Services,
provide ongoing assistance and technical support,
contact you with general or personalized Nehabi -related notices and/or interview requests based on your feedback or otherwise,
facilitate, sponsor and offer certain promotions, and monitor performance,
to create aggregated statistical data and other aggregated and/or inferred information, which Nehabi may use to provide and improve its services,
to enhance Nehabi data security and fraud prevention capabilities, and
to comply with any applicable laws and regulations. In addition, you

(1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights;

(2) irrevocably assign to Nehabi any right, title and interest you may have in such Feedback and

(3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

4.Service Fees

4.1. Money-Back Guarantee

If you are not happy with your initial purchase of a Premium Plan, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Premium Plan (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of a Premium Plan which is an upgrade of a free website. The Refund is not applicable to any additional purchases, upgrades, modifications or renewals of Nehabi Services. If you reside in a jurisdiction that requires a longer Refund Period, we will accommodate such requirements in accordance with all applicable laws. If Nehabi receives such notice within the Refund Period, Nehabi will refund to you the amount Nehabi charged you for such Nehabi Services, in the currency you were originally charged in, and cancel the services accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees. Nehabi will not be responsible for any differences caused by a change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you will be non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given by a User in bad faith or in an illegitimate attempt to avoid payment for services actually received, we reserve our right to still charge the User for any Nehabi Services actually received, as permitted by the applicable law.
Please note: Certain services purchased on or through the Nehabi Services may be non-refundable altogether. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the Nehabi Website and/or as part of or during the process of purchasing such services or applications. It is your responsibility to verify the ability to cancel a service prior to its purchase. Nehabi will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.

We are happy to offer a 14-day money-back guarantee for our monthly or annual paid services when first purchased. This may be extended according to the law. If you are a Reseller User and pay the Reseller, this Section does not apply to you.

Please carefully check the terms of each service before buying, since some services are non-refundable.

4.2. Chargebacks

If at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees due directly to Nehabi, on your Nehabi account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Nehabi Services may be automatically disabled or terminated.

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and received or made use of the services rendered thereafter.

5.Cancellation

5.1. Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any Nehabi Services at any time, in accordance with the instructions available on the Nehabi Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Nehabi Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period. Notwithstanding the aforesaid, any Paid Service (including Renewing Paid Services) purchased from a Reseller are subject to such cancellation terms as agreed between you and your Reseller.

5.2. Cancellation by Nehabi

Failure to comply with any of the Nehabi Terms and/or to pay any due Fee shall entitle Nehabi, among other things, to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Nehabi Services (e.g., Paid Services) or Third Party Services to you.

5.3. Loss of Data, Content and Capacity

If your User Account or any Nehabi Services or Third Party Services related to your User Account are canceled (whether at your request or at Nehabi’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Nehabi shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Nehabi Services following their cancellation, as determined by Nehabi in its service discretion.

6.E-Commerce

6.1. General

The Nehabi Services also include certain features which enable you to sell goods, content, media, event tickets and services through your User Platform (“User Products”, and collectively with Nehabi Services – “E-Commerce”).

You are service responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable there to. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products.

When someone purchases your User Products, the payments for such transactions will be processed through Nehabi Payments or through a third-party payment service provider (“Payment Provider(s)”).

6.2. Events

Depending on your plan, Nehabi may charge you service fees for event tickets sold through your site. You hereby agree to pay such fees, as required by Nehabi, and authorize Nehabi to instruct its payment processing partners or your Payment Provider, as applicable, to deduct such fees from your relevant transactions, or to otherwise collect such fees.

6.3. E-Commerce Acknowledgments and Warranties

By using any of our E-Commerce features, you acknowledge, warrant and agree that:

you are service fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
any Taxes indicated by the E-Commerce features provided to you by Nehabi are service provided for illustration purposes only, and may not be relied on in any way;
you are responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
you are responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims; and
you may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –
Nehabi may, at any time and at its service discretion, suspend, disable access to or remove your User Platform and/or any User Products – whether or not incorporated, published with or made a part of your User Platform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.

7.Third Party Services

The Nehabi Services enable you to engage, connect, further develop and procure certain third-party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website,

Any and all use of such Third-party Services shall be done at your own risk and responsibility and may be subject to such legal and financial terms which govern such Third party Services, which you are encouraged to review before engaging with them.

8.Misconduct and Copyrights

8.1. Misconduct and Abuse

When using Nehabi Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Nehabi with respect thereto.

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Nehabi Services, please immediately report such User and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon Nehabi, and that Nehabi may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its service discretion.

8.2. Copyrights

Nehabi acts in accordance with its interpretation of Copyright. If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent:

(1) the contact details of the person authorized to act on behalf of the owner of the copyright;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Nehabi to locate the material (including URL address);

(4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

Nehabi’s Copyright Agent can be reached at the following address:

Nehabi.ashewa.com

9.Disclaimer of Warranties

We provide the Nehabi Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Nehabi Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Nehabi Services – so please be sure to verify those before using or otherwise engaging them.

10.Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, Nehabi, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from

(1) errors, mistakes, or inaccuracies of or in any content;

(2) any personal injury or property damage related to your use of the Nehabi Services;

(3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein;

(4) any interruption or cessation of transmission to or from the Nehabi Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Nehabi Services;

(6) events beyond the reasonable control of Nehabi, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or

(7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Nehabi Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Nehabi’s services to you, and such limitations will apply even if Nehabi has been advised of the possibility of such liabilities.

11.Indemnity

You agree to defend, indemnify and hold harmless Nehabi, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from:

(1) your violation of any term of these Terms of Use or any other Nehabi Terms;

(2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Nehabi Services, including, without limitation, Nehabi Services’ actions for your benefit; and/or

(3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

12.General

12.1. Changes & Updates

Nehabi reserves the right to change, suspend or terminate any of the Nehabi Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Nehabi Services (including removal of any materials created by you in connection with the Nehabi Services) for any reason and/or change any of the Nehabi Terms with or without prior notice – at any time and in any manner.

If any such changes involve the payment of additional or higher Fees, we will provide you with a notice regarding such additional or higher Fees prior to enabling such specific changes. If you fail or refuse to pay such additional or higher Fees, we may (at our service discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Nehabi Services without enabling such changes, or provide you with alternative Services.

12.2. Governing Law & Jurisdiction; Class Action Waiver

You expressly acknowledge and agree that Nehabi shall have the right to enforce these Terms of Use against you.

The Nehabi Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Nehabi Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Nehabi Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects service and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles.

12.3. Notices

We may provide you with notices in any of the following methods:

(1) via the Nehabi Services, including by a banner or pop-up within the Nehabi Website, User Account, or elsewhere;

(2) by an e-mail, sent to the e-mail address you provided us;

and/or

(3) through any other means, including any phone number or physical address you provided us.

12.4. Relationship

The Nehabi Terms, and your use of the Nehabi Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Nehabi and you.

12.5. Entire Agreement

These Terms of Use, together with the Nehabi Terms and any other legal or fee notices provided to you by Nehabi, shall constitute the entire agreement between you and Nehabi concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Nehabi and you, including those made by or between any of our respective representatives, with respect to any of the Nehabi Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Nehabi in entering into any of the Nehabi

12.6. Assignment

Nehabi may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Nehabi Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Nehabi.

12.7. Severability & Waivers

If any provision of the Nehabi Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Nehabi Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

12.8. Interpretation

Any heading, caption or section title contained herein, and any explanation or summary under the right “#ItsThatEasy” column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

These Terms of Use were written in English, and translated into other languages for your convenience. You may access and view other language versions by changing your Nehabi Website language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.

12.9. Lifetime Packages

The Lifetime Package is a special offering for a one-time payment, giving you access to our services for the maximum duration of 10 years. Enjoy all the benefits of our premium features without the need for recurring yearly & monthly payments.

12.10. Payment Notice

Subscription Fees:

All payments for the yearly subscription are due in advance at the time of purchase. The fees cover the service usage for 12 months starting from the date of payment.

Automatic Renewal:

Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date.
Renewal fees will be charged to the payment method on file, and you will be notified prior to renewal.

Late or Failed Payments:

If payment is not received within 10 days of the due date, we reserve the right to suspend or terminate access to your website and services.
You are responsible for ensuring that your payment details are accurate and up-to-date.

Price Changes:

We may update our pricing for future billing cycles. Any changes will be communicated at least 30 days prior to the renewal date.

Taxes:

You are responsible for all applicable taxes associated with your subscription fees.

12.11. Customer Service Contact

To get in touch with our Customer Service – please use any of the options listed below:

Go to Nehabi Help Center which is available HERE