GoMixApp Terms of Use

Terms of Service

1. Introduction

Please read carefully the following terms and conditions for the License and Use of the GoMixApp platform before using it.

By using GoMixApp or by checking the “I Agree” box (“Acceptance”), you unconditionally accept and agree to: (1) all the Terms and Conditions as detailed below, (2) the Company Privacy Policy as published on the Company website, and (3) all other relevant Terms and Conditions as declared at www.gomixapp.com. Your Acceptance establishes a valid agreement between you and “The Network and Beyond LTD” (“Company”), which its terms and conditions are described as follows.

2. Definitions

  • GoMixApp platform (“GMA”): A technological service made available by the Company for (1) creating, storing, distributing, and engaging with interactive online content (“Manipulating”), and (2) storing data gathered while using Customer Applications.
  • Space Owner: A Company Customer (“Space Owner”), and all those who act on behalf of a Space Owner (“Space Participants”), who act under the Company’s permission with administrator privileges, which are not transferable, for the Manipulating of a Space. The Space Owner has full responsibility, as per these Terms of Use and applicable law, for each Manipulating made by them or by their Space Participants and for the use of End Users in their Space. Moreover, a Space Owner will have the privilege to generate login and passwords for the purpose of accessing End Users into their Space.
  • GMA Space (“Space”): A virtual space provided by the Company to a Space Owner, in which only the Space Owner can perform Registered Access. The Space is a closed storage space where the Space Owner and Space Participants may interact with GMA, using a set of tools acquired by the Space Owner for that Space. Data cannot be transferred between different Spaces using the System – even if both Spaces have the same owner. Although the Space Owner might own, under any applicable law, some of the content in a Space, it is clarified that only the Company owns any digital visibility by GMA, such as HTML pages, of the Space content.
  • GMA Control Panel (“CPA”): A web interface through which a Space Owner and Space Participants have permission to access the Space for Manipulating the Space.
  • GMA Database (“Database”): A repository storing all data related to GMA – including, but not limited to, End User information, Customer Applications, Uploads, Administration data.
  • Client-side App (“CSA”): GMA branded application that can be downloaded or used by the End User. The CSA will display content according to the End User’s privileges as granted by a Space Owner and/or the Company.
  • End User: Entity that uses the CSA to interact with the Space (“End User”), while using a login and password (if needed and granted), as per the permissions given to them by a Space Owner or by the Company. The End User will have no privilege to download any data out of the Database.
  • Subscription: The process in which any user of GMA discloses any needed information (“Subscription Data”) for the purpose of approving their use of GMA by the Company. The Subscription Data may include: name, address, e-mail, age, ID number, payment method, etc. Note that invalid Subscription Data might cause a suspension of your GMA use.

3. User Responsibility for Provided Data

  • User Responsibility: Users are responsible for ensuring that any data or content they provide to the Company is accurate, lawful, and does not infringe on the rights of others. The Company is not responsible for verifying the legality of the content provided by users.
  • Illegal Content Definition: For the purposes of these Terms, “illegal content” includes, but is not limited to, the following:
  1. Content That Violates Criminal Laws: Content that constitutes, promotes, or facilitates criminal activity under the laws of Israel or applicable international laws. This includes, but is not limited to, content related to fraud, theft, embezzlement, and other criminal offenses.
  2. Content That Incites Violence: Content that incites, advocates, or promotes violence against individuals or groups based on race, religion, ethnicity, gender, sexual orientation, disability, or any other characteristic protected under Israeli law or applicable international standards.
  3. Content That Constitutes Hate Speech: Content that derogates, disparages, or dehumanizes individuals or groups based on protected characteristics, including hate speech as defined under Israeli law and international human rights norms.
  4. Content That Constitutes Defamation: Content that makes false statements about an individual or entity that damage their reputation, as defined under Israeli defamation laws or applicable international standards.
  5. Content That Is Obscene or Pornographic: Content that is obscene, pornographic, or sexually explicit, which is illegal under Israeli law or applicable international laws, including content that involves minors or promotes illegal sexual conduct.
  6. Content That Violates Intellectual Property Rights: Content that infringes on the intellectual property rights of others, including copyright, trademark, patent, and trade secret violations, as defined under Israeli intellectual property laws and international treaties.
  7. Content That Facilitates or Promotes Illegal Drug Use: Content that promotes or facilitates the illegal manufacture, distribution, or use of controlled substances or drugs, as prohibited under Israeli drug laws and international conventions.
  8. Content That Breaches Privacy Laws: Content that unlawfully discloses personal, confidential, or sensitive information without consent, in violation of Israeli privacy laws and data protection regulations, including content that involves identity theft or unauthorized access to personal data.
  9. Content That Violates Any Other Applicable Laws: Content that violates any other laws or regulations that are applicable to the user, the content, or the jurisdiction in which the content is accessed.
  • Prohibited Content: Users agree not to upload, share, or make available any content that is illegal, offensive, defamatory, obscene, or otherwise violates any law or regulation. This includes, but is not limited to, content that promotes violence, hate speech, or any form of discrimination.
  • Consequences of Violation: If you upload or share any content that violates these terms, you will be solely responsible for any consequences, including legal action, that may arise as a result. The Company reserves the right to remove any content that it deems illegal, offensive, or in violation of these Terms and may take appropriate legal action against the responsible user.
  • Indemnification: You agree to indemnify and hold the Company harmless from any claims, damages, liabilities, and expenses (including legal fees) arising out of or related to any content you upload, share, or make available through GoMixApp.

4. Cancellation and Subscription Payment Terms

  • Cancellation of Services: You may cancel your subscription to GoMixApp at any time. To do so, you must notify the Company in advance of your next billing cycle.
  • Payment Policy: If you fail to cancel your subscription before the start of the next billing cycle, the payment for that period will not be refunded. The cancellation will take effect from the next billing period, and you will continue to have access to GoMixApp until the end of the current paid period.
  • Refunds: The Company does not provide refunds for partial periods or unused services following a cancellation.

5. Governing Law and Jurisdiction

  • Governing Law: These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law principles.
  • Jurisdiction: In the event of any legal dispute, the exclusive jurisdiction shall be with the competent courts located in Tel Aviv, Israel. By accepting these Terms, you agree to submit to the jurisdiction of these courts.

6. License; Access

Following the terms of this Agreement and your Acceptance, the Company grants you a personal, non-exclusive, non-transferable right to use GMA and its templates.

7. Restrictions on Use

Your use of GMA is restricted only for the purposes as declared in the above “The Goal of GMA.” Therefore, you shall not use GMA for any different purpose, specifically (1) you will not use GMA in an abusive or inappropriate way, (2) you will respect any applicable law of your origin, (3) you will not use GMA for hacking or other malicious activities, (4) you will report the Company if it comes to your attention that others violate these Terms of Use.

You shall not, nor shall you permit anyone else to, directly or indirectly use GMA in a way that does not respect the purpose for which it was intended. You may not: modify, distribute, copy, reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and software infrastructure of GMA.

8. Paid Services

  • Fees and Charges: You understand and approve the payment of the Paid Services fees as indicated while your Registration to GMA.
  • Auto-Renewal: If you choose an auto-renewal option, you will be charged automatically on a periodic basis unless you actively turn off your consent to use GMA Paid Services.
  • Charge Failure: You approve that the Company will deprive you of any rights to use the Paid Services in case of Charge Failure. In case of Charge Failure, the Company will erase and delete within 14 days any of your data and activity records in GMA.
  • Cancellation and Downgrade: You may cancel your Subscription with GMA at any time. If you downgrade, it will take effect at the end of the pre-paid period for the Paid Services. Services will become unavailable at the end of the current billing cycle unless you have purchased a different subscription plan.

9. Changes to Terms

The Company may modify these Terms from time to time. The Company will notify you of any changes by posting the new Terms on its website. Your continued use of GoMixApp following any changes signifies your acceptance of the updated Terms.

10. Contact Information

If you have any questions about these Terms, please contact us at:

11. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding your use of GoMixApp and supersede any prior agreements or understandings.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
  • Waiver: The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.