GoMixApp Terms of Use

Agreement and Terms of Use – GoMixApp

Last updated: February 2026

1. Introduction and Declarations

Please read carefully the following terms and conditions regarding licensing, use of the GoMixApp platform, and the purchase of hardware equipment and related services before using them.

By using GoMixApp, by purchasing products from it (hardware or software), or by checking the “I Agree” box (“Acceptance”), you unconditionally accept and agree to: (1) all the terms and conditions detailed below; (2) the Company’s Privacy Policy as published on the Company website; and (3) all other relevant terms and conditions as declared at www.gomixapp.com. Your Acceptance constitutes a valid agreement between you and “The Network and Beyond LTD” (“the Company”), the terms and conditions of which are described below.

Customer Declaration (Business Classification – B2B):

The Customer hereby declares that it is a corporation, licensed dealer, or business entity, and that entering into this Agreement and purchasing the products (including hardware and digital signage) is done for business-commercial purposes and not for personal, household, or family use. Accordingly, the parties agree that the provisions of the Israeli Consumer Protection Law, 5741-1981 and its regulations (including the consumer right of cancellation) shall not apply to the transaction, unless otherwise explicitly required by mandatory (cogent) law.

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.
• Hardware and End-Equipment: Any physical equipment sold or supplied by the Company to the Customer, including but not limited to: screens (LED/LCD), interactive stations (kiosks), media players, computers, mounting fixtures, cables, and peripheral equipment.
• Special Order: An order that includes dedicated software development, custom design, or hardware orders involving special manufacturing, painting, size customization, configurations not held in current stock (Non-Stock), or personal Back-to-Back import made specifically for the Customer.
• Space Owner / Customer: 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 logins 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, and Administration data.
• Client-side App (“CSA”): A 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:

• Content That Violates Criminal Law: Content that constitutes, promotes, or facilitates criminal activity under the laws of the State of Israel or applicable international laws. This includes, but is not limited to, content related to fraud, theft, bribery, and other criminal offenses.
• 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.
• Content Constituting 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.
• Content Constituting 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.
• Obscene or Pornographic Content: 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.
• 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.
• 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.
• 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.
• Content That Violates Any Other Applicable Laws: Content that violates any other laws or regulations 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 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. Delivery, Development and Shipping Policy

The Company is committed to providing its customers with fast and professional service. Delivery times and shipping policies vary according to the type of product (software/hardware) and the level of customization required. Business days are considered Sunday through Thursday, excluding Fridays, Saturdays, holiday eves, and official holidays.

4.1 Digital Software Product Delivery

• Off-the-shelf Product (Licenses & Stock Software): For the purchase of usage licenses for existing off-the-shelf software, access details, installation file, or license key will be provided to the Customer (via email or portal access) within up to 3 business days from the date of transaction approval and actual payment settlement.
• Custom Development: For projects involving dedicated specification, design, or programming, the delivery schedule will be set out in the project-specific Statement of Work (SOW). However, the Company’s adherence to the schedule is conditional on full cooperation from the Customer:

1. Customer’s Obligation to Provide Feedback: The Customer undertakes to provide approvals, answers to clarification questions, graphic materials, or comments on deliverables (Feedback) within 3 business days from the date of the Company’s request. Delay by the Customer in providing feedback will result in a corresponding postponement of the final delivery date, and the Company will not be liable for such delays.
2. Correction Rounds: The Company will perform corrections and adjustments according to the Customer’s comments within up to 5 business days from receiving the structured feedback. The default is one round of corrections (unless otherwise agreed in the contract), after which the deliverable will be considered approved.

4.2 Hardware and Equipment Delivery

Delivery times for hardware (screens, stations, players) depend on stock availability:

• In-Stock Products: Will be delivered to the Customer within up to 10 business days from order approval and payment settlement.
• Imported / Special Order Products (Custom Import): Products not in stock or requiring special import will be delivered within up to 90 days. It is clarified that this period may be extended due to factors beyond the Company’s control (force majeure), such as: delays at ports, customs strikes, Standards Institution inspections, security situation, or international transport restrictions. A delay resulting from such factors shall not constitute grounds for the Customer to cancel the transaction.

4.3 Shipping Costs and Distribution Areas (Hardware)

The pricing policy for hardware shipping is as follows (prices do not include VAT):

• Orders up to ILS 500: Free Shipping.
• Orders above ILS 500: Shipping fees will be priced in the quotation according to the weight, volume, and quantity of items in the order (pallet shipping / special freight).
• Remote Areas: For shipments to destinations located south of Be’er Sheva or north of Haifa, as well as destinations beyond the Green Line or in areas with limited accessibility, an additional charge will apply on top of the base shipping price, in accordance with the distance and the rates of the external shipping company.

5. Purchase, Cancellation and Returns – Hardware (B2B Policy)

This section supersedes any other provision in the Agreement regarding the purchase of physical equipment.

5.1 Special Orders (Non-Cancellable Orders)

Notwithstanding any law, transaction cancellation will not be possible for a “Special Order.” A “Special Order” is defined as any hardware product manufactured, painted, assembled, or imported specifically for the Customer (including personal Back-to-Back import), or software developed/customized specifically for the Customer. The Customer’s signature on the order constitutes an irrevocable waiver of the right of cancellation with respect to such products, due to the reliance and expenses incurred by the Company for them.

5.2 Cancellation and Return Policy – Off-the-Shelf Products (Restocking Policy)

For products that are not “Special Orders” and are held in current stock:

• Cancellation Request: Transaction cancellation is subject to the Company’s written approval and at its sole discretion.
• Restocking Fee: In the event of an approved cancellation as a gesture of goodwill, the Customer will be charged a handling and restocking fee of 25% of the transaction value or ILS 500 (whichever is higher), plus shipping fees (round-trip) and related costs. This agreed compensation reflects the costs of handling, lab inspection, and returning the product to inventory.
• Return Conditions: Products whose packaging has been opened, that have been damaged, or that have been used will not be accepted. Connecting the product to electricity, to a network, or installing it will be considered use that absolutely prevents return.

5.3 Indemnification for Import

In the event of cancellation of a transaction involving import (whether personal or commercial import for the Customer), the Customer shall indemnify the Company for any expense that cannot be recovered from the tax authorities, including customs duties, purchase tax, VAT paid, customs brokerage, and port storage fees.

6. Retention of Title

• Title in the hardware and end-equipment shall pass to the Customer only after full and final settlement of all consideration due in respect thereof. Delivery of possession of the equipment to the Customer does not constitute transfer of title.
• Until the date of full payment, the Customer shall hold the equipment in trust for the Company, maintain its integrity, and shall not make any disposition of it, sell it to a third party, or pledge it.
• In the event of non-payment, breach of contract, or concern of insolvency of the Customer, the Company reserves the right to enter the Customer’s premises, take possession of the equipment, and take it back, and the Customer hereby waives any claim of trespass in connection therewith. This clause is intended to secure the Company’s rights in accordance with the Kidchei HaTzafon ruling.

7. Hardware Warranty and Service (SLA & Warranty)

7.1 Scope of Warranty: The hardware warranty is granted for a period of 12 months (unless otherwise stated in the order) and is subject to the original manufacturer’s warranty terms (Back-to-Back).

7.2 Place of Service: Service for equipment will be provided at the Company’s labs (Carry-in), unless the Customer has purchased an on-site service package at the Customer’s location (On-site) for a separate fee.

7.3 Screen Burn-in Exclusion: The warranty does not cover screen burn-in damage (“Burn-in”) resulting from prolonged display of a static image, unless the screen purchased is specifically defined in the order as 24/7 Professional Grade. The Customer is responsible for purchasing equipment suitable to the nature of its use.

7.4 Pixel Policy: Screen replacement due to dead pixels will be performed only in accordance with the ISO 13406-2 Class II standard (typically, more than 3-5 defective pixels are required to justify replacement), and shall not constitute grounds for cancelling the transaction.

7.5 Software/Hardware Separation: The hardware warranty is physical only and does not cover software faults, operating system issues, network configuration, or compatibility with the Customer’s content.

8. Abandoned Goods

Equipment delivered for repair, inspection, or storage and not collected by the Customer within 90 days from the date of the Company’s notice of completion of treatment (or notice of inability to repair) shall be considered “Abandoned Goods” and as if its owner had relinquished it. The Company shall be entitled to sell the equipment to a third party to cover the storage and repair costs, or to destroy/recycle it, without any claim by the Customer. The Customer hereby waives any claim under the Israeli Return of Lost Property Law or the Bailees Law in this context.

9. Cancellation and Subscription Payment Terms (Software Only)

• 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 cycle, 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.

10. License; Access

Subject to 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.

11. Restrictions on Use

Your use of GMA is restricted only to the purposes declared in the “Purpose of GMA” section above. 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, (3) you will not use GMA for hacking or other malicious activities, (4) you will report to the Company if it comes to your attention that someone violates these Terms of Use.

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

12. Paid Services and Renewal

• Fees and Charges: You understand and agree to pay the Paid Services fees as specified during 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 or Termination: You agree that the Company will deprive you of any rights to use the Paid Services in case of charge failure. In case of charge failure or termination, the Company may erase and delete within 14 days any of your data and activity records in GMA.
• Cancellation and Downgrade: You may cancel your subscription to GMA at any time. If you choose to 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.

13. 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.

14. Miscellaneous

• 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.
• Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding your use of GoMixApp and supersede any prior agreement or understanding.
• Severability: If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
• Privacy and Databases: When using kiosk stations/cameras, the Customer is the “Database Owner” and the Company is merely a “Holder.” Responsibility for registration of the database and compliance with the Privacy Protection Law lies with the Customer. The Customer undertakes to delete any personal information from hardware equipment returned to the Company for repair.

15. Service Level Agreement (SLA) – Software

15.1 Service Availability: The Company will ensure service availability of up to 99% per month, excluding scheduled maintenance, which will be performed with prior notice to users.

15.2 Fault Response Times:

• Critical Faults: Up to 1 hour from receipt of the inquiry – remote treatment as soon as possible.
• Faults with Limited Impact: Up to 4 hours from receipt of the inquiry – remote treatment and guidance for self-repair where possible.
• Faults that do not immediately affect use: Up to 8 hours from receipt of the inquiry.
  15.3 Technical Support Procedures:
• Remote Support: The Company will provide remote technical support for all faults in accordance with the response times detailed above.
• On-site Treatment: In a case where remote treatment is not sufficient and the fault requires on-site technical intervention, an on-site technical treatment procedure will be activated according to the severity of the fault and subject to a separate agreement related to a technician’s visit. The technician’s visit will be carried out by prior coordination and will be subject to an additional payment, as detailed in a separate agreement or in a dedicated quotation for such a case.
  15.4 Reporting and Monitoring: You can view the status of system health for the last 90 days at the link: https://status.gomixapp.co.il/. In addition, you can subscribe to updates regarding changes in health status through this link.
  15.5 Compensation in Case of Deviation from Service Availability: In cases where a significant deviation from the defined targets is discovered, the parties will discuss compensation arrangements that will include, among other things, credits to the user’s account or other solutions agreed in advance.
  15.6 Changes and Updates: The Company reserves the right to update this section from time to time. Changes will be updated and published on the Company’s website and will apply to all users from the date stated in the update.

16. 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.

17. Contact Information

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

Email: info@gomixapp.com

Phone: +97246778811

Address: Etgar 2, Tirat Carmel, Israel