Term of Use - WorthFlipping.house

WorthFlipping – TERMS OF USE – KEY POINTS

The following key points of the Terms of Use are only brought for your convenience. These key points do not substitute the full Terms.

Welcome to WorthFlipping.House, an online platform and that provides a house flipping software that helps house flippers to manage the flipping process.
You may only use the Service if you are a legal corporation or an individual over the age of 18, with full legal capacity.
In order to use the Service, you must register to the Service by creating a User Account and accept these Terms of Use.
Your use of the Service may be subject to payment of applicable fees, if and as presented to you during registration.
When you use the Service, the Service will collect data regarding the assets you flip, their images being uploaded to service and the communication done through it. We do not claim ownership over any of your data, but you do give us the right to use it for the purpose of providing you the Service, as well as for our promotional and marketing purposes.
You may only use the Service in accordance with the Terms of Use.
You represent that you will comply with all applicable laws, rules and regulations while using the Service in the jurisdiction or geographical region for which you are operating (website, assets, employees, etc.).
We respect your privacy. Our Privacy Policy which is incorporated to these Terms by reference, explains the privacy practices on the Service.
You may cancel your subscription and terminate the Terms of Use at any time by providing us written notice of cancellation and termination.

WORTHFLIPPING.HOUSE – TERMS OF USE

Welcome

Welcome to “WorthFlipping.House” – an online platform and service (the “Service”). Our Service provides your business (the “Business”) with a house flipping management solution. Your access and use of the Service is made through our website: www.worthflipping.house.

The Service is owned and operated by WorthFlipping.house (“we”, “our”, “us”). Please carefully read the following Terms of Use (the “Terms“). By using, accessing or subscribing to the Service, you agree to be bound by the Terms. If you do not agree to the Terms, you may not use the Service in any way.

You may only use the Service if you are a legal corporation or an individual over the age of 18, with full legal capacity. You represent and warrant that you that you are 18 years of age or older and duly authorized on behalf of a Business to enter into this agreement and that you or the Business are the owners of the data, and integrations API tokens in respect of which you are utilizing the Service (the “Data”; you and the Business, collectively “you” or “your”).

We reserve the right to terminate these Terms and your license and permission to use the Service, if we find that you do not qualify the abovementioned requirements. We may also request additional information to confirm the above.

The access of third parties (your employees, investors, vendors, contractors or others, collectively “users”) to your Data, including your current or prospected users, is subject to your own terms of use and privacy policy. The Service is merely intended to provide you with a solution that assists your needs. We do not provide any safeguards to ensure that your use of the Data is made in compliance with all laws and regulations that may apply to you or your interaction with third parties, including your interaction with your users.

You hereby represent and warrant that you will comply with all applicable laws, rules and regulations while using the Service, in the jurisdictions or geographical regions for which you are operating your Business, including, without limitation, in connection with all practices associated with your Data and your interaction with your users.

ANY AND ALL COMMUNICATIONS AND INTERACTIONS BETWEEN YOU AND THIRD PARTIES, AND ALL CONSEQUENCES RESULTING FROM THE ABOVE, ARE STRICTLY BETWEEN YOU AND SUCH THIRD PARTIES, AND YOU ASSUME FULL AND EXCLUSIVE RESPONSIBILITY FOR THEM. WE ARE NOT A PARTY TO THOSE COMMUNICATIONS, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICE IS AT YOUR OWN SOLE RESPONSIBILITY.

User Account and Subscription

To use the Service, you will need to sign up and create a user account for your Business (“User Account”). You may sign up by creating a user account through the Service’s registration form, or through directly connecting with our team.

You must provide true, accurate and complete information. Please refer to our Privacy Policy for further details on the information we collect when you register and how we use it.

Registration is also available through third party platform accounts, such as Firebase. When registering through your third-party platform account, you are allowing us access to your basic profile information, such as your contacts email addresses, and any other content available therein. We can only access the information that your third-party platform operator makes available to us, according to your privacy settings on such platform.

We may offer the Service (or some of its features) on a trial-basis, free-of-charge, which may be time-limited.

Beyond this trial period, the Service may be offered subject to your subscription and payment of the applicable fees (“Subscription” and the “Fees”), in accordance with the packages, schemes and amounts presented to you, either upon registration or at a later time. All Fees are quoted in US Dollars, unless expressly stated otherwise.

We may, at any time and at our sole discretion, transform a free of charge Service to a Fee-based Service, and change any rates and payment terms. Failing to settle your payments for a Fee-based Service will prevent you from further using the Service, notwithstanding any other remedies available to us under the applicable law. In such a case, we may terminate your User Account and you use of the Service.

Your Subscription will continue on a periodic basis, depending on your selected subscription plan, unless and until you cancel it and terminate these Terms (see the “Termination and suspension” section below) or in any other case where your User Account is suspended or discontinued pursuant to these Terms.

We will charge you for the applicable Fees (if applicable), as they become due, using the payment method you provide during registration (“Payment Method”). By providing your Payment Method, you represent and warrant that you are lawfully permitted to use the selected Payment Method in connection with your use of the Service.

We may require additional information from you before completing payment transactions. You must keep the Payment Methods you provided to us upon registration current, complete, and accurate, and notify us promptly in case of any change in your Payment Method or other details you have provided us.

Your Payment Method may be processed and handled through relevant third-party payment processors, such as credit card service providers and payment processors (e.g. PayPal). Your Payment Method is therefore subject to the terms and conditions of these third parties, pursuant to your contractual relations with them.

You acknowledge that the third parties processing any of the Payment Methods may charge you commission on their end of the transaction. We are not responsible for such commissions, which are strictly within your contractual relations with the relevant payment processor. We will not be liable for any mistakes, errors, malfunctions or miscalculations that you or third-party payment processors might make in the course of a payment transaction.

We may, from time to time, and without specific notice to you, add additional Payment Methods to the then-current Payment Methods, or cease to use previously supported Payment Methods.

By registering to the Service and confirming the packages, schemes and amounts presented to you, you give your consent to being billed for the applicable Fees, in addition to any applicable taxes (such as sales tax, value added tax or withholding tax), and any surcharges or commissions charged by the payment processor or your Payment Method.

All amounts payable to us are exclusive of any excise, sales tax, VAT, withholding tax or other governmental charges or transaction charges. You are responsible for the payment of all such applicable taxes or charges. Promptly following our request, you will provide us with the taxation documentation necessary for processing the Fees.

You are responsible for paying all applicable Fees whether or not you actually accessed or otherwise benefited from the Service. Failure to settle any overdue Fees within thirty (30) calendar days of its original due date will constitute a material breach of these Terms, and may cause us to suspend, disable or terminate your User Account, in addition to any other remedies available to us under the applicable law.

Refund

To the maximum extent permitted by applicable law, if you cancel your User Account and Subscription in accordance with these Terms (see “Termination and suspension” section) within 15 days from the date of your first payment, we may, in our sole and absolute discretion, allow for the refund of the Fee paid in exchange for our Service.

The 15-day refund request window only applies to annual Subscriptions. Monthly plans are not eligible for refunds.

Termination and suspension

Termination by you

You may cancel your User Account and Subscription and terminate these Terms at any time by providing us written notice of cancellation and termination.

Termination by us

In addition to any remedies that may be available to us under any applicable law, if we believe that you misused the Service or breached these Terms, we may limit or suspend your User Account, as well as terminate these Terms, and take technical and legal measures to keep you from using the Service.

Effects of termination

Upon termination, you must discontinue any and all use of the Service. Following termination, your User Account will be closed, and the Service will not be accessible to you or any third party on your behalf.

The following sections shall survive any termination, or expiration of the Terms: User account and subscription, Effects of termination, Content and dealings, Your privacy, User’s Privacy, Intellectual property, Limitation of Liability, Indemnification, Governing Law & Jurisdiction, General.

Content and dealings

When you use the Service manage your real estate projects, houses, agent contacts, investors, contractors forms, images or videos of properties , and more (or any combination thereof; collectively, the “Assets”) uploaded to the platform – your Data. Such Assets may include the Business’s trademark(s) and additional assets of the Business.

We do not claim ownership over the Assets that you create, upload to or post on or through the Service.

You are required to remove from your Data any Assets that does not pertain to the Business.

When you Subscribe, or use the Service to create, manage or communicate your Assets, you represent and warrant to us that:

You are the rightful owner of all rights to such Assets, or lawfully licensed by all the rightful owners to upload to, and post such Assets on, or through, the Service;
You are lawfully entitled to grant us the licenses in and to such Assets, as contemplated by these terms;
You lawfully obtained the consent of all individuals depicted, shown or referred to in the Assets, to include them in the Assets and to use that Content for the purposes and in the manner contemplated by these terms. With respect to minors depicted, shown or referred to in the Assets, you lawfully obtained the consent of their parents or legal guardians, as well as such minors approval;
Creating the Assets, uploading it to the Service, does not infringe any rights of third parties, including intellectual property rights, privacy rights and publicity rights.

Subject to Your rights and undertakings under the Privacy Policy and these Terms, and by using the Service or by uploading Assets and Data on, to or through the Service, you grant us a royalty-free, free-of-charge, worldwide, non-exclusive, sub-licenseable and transferrable, license to use and display such Assets (including commercial use as well as copying, distributing, posting and making derivative works) on or through the Service and on any other online or offline platform or media / for the sole purposes of facilitating the Service and for our demo, sales and marketing purposes.

Assets presented through the Service may originate from third parties. You may find that such Assets is not compatible with your requirements, objectionable, annoying, improper or immoral.

We do not normally examine, approve or disqualify Assets that you or others have uploaded through the Service, but we reserve the right to do so.

Use of the Service and restrictions

While using the Service, you agree to refrain from –

Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Service;
Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, spam, copyright, commerce and consumer rights.
Interfering with, burdening or disrupting the functionality of the Service;
Breaching the security of the Service or identifying any security vulnerabilities in it;
Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect or compile content from the Service;
Displaying the Service or any part thereof in an exposed or concealed frame, or linking to elements or portions on or of the Service, independently from manner on which they originally appear or are made available through the Service;
Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
Collecting, harvesting, obtaining or processing personal information of or about other users of the Service.

Without derogating from any of the above, you may not post, disseminate, transmit or otherwise communicate through the Service any Assets or Data which:

May infringe rights of others, including a person’s right to privacy or right of publicity, patents, copyrights, trade secrets and trademarks;
May depict or identify minors, their personal details, their address or ways to contact them, without their legal guardians’ explicit consent, as well as such minors approval, when practically possible;
May include software viruses, spyware or any other malicious applications;
May encourage, support, assist, or advise in the commission of a criminal offense or carry an elevated risk of psychological or physiological stress or injury or damage to property;
May, through posting, publication, dissemination, or making available to the public, be prohibited by any applicable law, including court orders;
May be threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;
Is overtly sexual or pornographic material, defined by Webster’s Dictionary as “explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings”;
May be defamatory or mean-spirited, including references or commentary about religion, race, sexual orientation, gender, or other targeted groups. Professional political satirists and humorists are generally exempt from this requirement;
Contains inflammatory religious commentary or inaccurate or misleading quotations of religious texts;
Includes false information and features, including inaccurate device data or trick/joke functionality, such as fake location trackers;
Is a realistic portrayal of people or animals being killed, maimed, tortured, or abused, or content that encourages violence. “Enemies” within the context of a game cannot solely target a specific race, culture, real government, corporation, or any other real entity;
Include depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms;
May include unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.

You may not access or use the Service in order to develop or create a similar or competitive product or service.

We reserve the right, but are not obligated to, review the Assets and Data submitted to the Service, to make sure that it complies with these Terms. If we, in our discretion, determine that the Assets or Data violates these Terms, we may remove it from the Service, with or without notice to you, may discontinue, terminate or suspend the operation of the Service as it pertains to you, or any part or aspects thereof, temporarily or permanently. If we terminate the operation of the Service, you will be entitled to a pro-rated equitable refund of the Subscription Fee you have paid (if any).

YOU ARE SOLELY RESPONSIBLE FOR THE ASSETS AND DATA THAT YOU UPLOAD, DISSEMINATE, TRANSMIT OR OTHERWISE COMMUNICATE THROUGH, OR TO THE SERVICE, OR WHEN USING THE SERVICE AND FOR THE CONSEQUENCES ASSOCIATED WITH DOING SO.

WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY SUSPEND OR TERMINATE YOUR USER ACCOUNT OR BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR ABUSIVELY.

Your privacy

We respect your privacy. You agree to be bound our Privacy Policy which explains the privacy practices on the Service. Our Privacy Policy is incorporated to these Terms by reference.

User’s privacy

We will use the personal information of Your Data users in accordance with our Privacy Policy . You agree to treat any personal information that you collect or use and pertain to such users, with the utmost caution. You will respect the laws and regulations applicable to you concerning the collection, storage, information security and use of personal information.

Intellectual property

Other than your Assets and the Data of Your users, we and our licensors own all rights, title and interest in and to the Service, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith.

Unless as expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Service, any part thereof or any of the Assets, or Data on or of the Service (except for your Assets and Data), either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means.

You may not adapt or otherwise use, including in any Internet domain name, any name, mark or logo that is similar to our marks and logos. You must refrain from any action or omission which may dilute, or tarnish our goodwill.

Requests to remove Assets from the Service

You and third parties may request that we remove Assets from the Service.

Any requests to remove Assets from the Service that purportedly infringes or violates third party rights, such as copyright, privacy or publicity, must be made in accordance with Copyright laws.

To comply with copyright, privacy or other restrictions, we may, at any time, at our sole discretion and without prior notice to you, remove or modify any of your Content or any other Content that was created, uploaded, or posted on or through the Service, without any liability to you.

Note that requests that you or your Data’s users submit to remove Assets from the Service, will be evaluated, among other things, in light of the privacy-related consents that were given through the relevant privacy policy.

Changes in the Service; discontinuation

We may, but are not obligated to, maintain the Service with periodic releases of bug fixes, code updates or upgrades. We will determine, in our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), for any of these releases or the lack thereof.

We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service or the content available therein.

Such changes, by their nature, may cause inconvenience or even malfunctions.

YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.

We may, at any time, at our sole discretion, discontinue, terminate or suspend the operation of the Service, or any part or aspects thereof, temporarily or permanently, without any liability to you.

Service support, availability and quality

The availability, quality and functionality of the Service depends on various factors, including software, hardware, communication networks, and the quality of network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free.

Also, we may, from time to time and as we shall deem fit in our sole discretion, need to interrupt the Service for maintenance and other operational reasons.

WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.

You will not receive any compensation or refund for such interruptions.

You acknowledge that the Service DOES NOT provide any data back-up services, including with respect to any Content or any other data that You or third parties upload, post or use.

Changes to the Terms

We may amend the Terms from time to time. In such case, we will notify you of the amended Terms. If you do not accept the amended Terms, these Terms will be terminated (see “Effects of termination” section). Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. The latest version of the Terms will be accessible through the Service.

DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, CONTENT, YOUR USER ACCOUNT, THE PAYMENT METHOD, ANY INTERACTION RELATED TO THE SERVICE, ANY THIRD PARTY SOFTWARE, HARDWARE OR PLATFORM, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RELIABILITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY.

LIMITATION OF LIABILITY

WE, INCLUDING OUR STAFF, SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE SERVICE, THE CONTENT, THE PAYMENT METHOD, THE USE OF, OR THE INABILITY OF YOU OR THIRD PARTIES TO USE THE SERVICE OR YOUR USER ACCOUNT, OR ANY COMMUNICATION OR INTERACTIONS WITH THE SERVICE, OR ANY COMMUNICATIONS, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS WITH OTHERS ON OR THROUGH THE SERVICE, OR YOUR RELIANCE UPON THE SERVICE OR ANY CONTENT POSTED OR AVAILABLE ON THE SERVICE, OR ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR ANY RELIANCE MADE BY YOU ON THIRD PARTY SOFTWARE, HARDWARE OR PLATFORM, OR ANY FAULT, OR ERROR MADE BY OUR STAFF, OR ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT ON THE SERVICE.

TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID YOU PAID IN CONNECTION WITH THE SERVICE, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIMED DAMAGE.

Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of, or inability to use, the Service, any Content, your breach of the Terms, Your breach of any other terms, rules or regulations applicable to the Service, as well as your violation, or your contribution to the infringement, of any other person’s rights.

Links and Commercial Information in the Service

The Service may contain links to Assets published on other Datas or external sources, provided by third parties. We do not operate or monitor these websites and assets. You may find them, or the information and Assets posted therein, not compatible with your requirements, or you may object to their content, or find such Content to be annoying, improper, unlawful or immoral. By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.

Governing Law & Jurisdiction

Regardless of your place of activity, residence incorporation, or where you access or use the Service from, these Terms and your use of the Service will be exclusively governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel.

The competent courts located in the Tel-Aviv-Jaffa district will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms. You and us, each, hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.

General

Whenever used in these Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.

These Terms may only be modified by written amendment duly executed by us. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.

Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.

You may not assign or transfer your rights and obligations under the Terms without our prior written consent, which consent shall not be unreasonably withheld. Any attempted or actual assignment by you, without our prior consent, shall be null and void.

Notwithstanding the provisions of the Assignment of Obligations Law-1969, we may assign these Terms in their entirety, including all right, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a merger, acquisition, change of control or the sale of all or substantially all of its equity or assets relating to the Agreement. By virtue of such assignment, the assignee assumes our stead, including all right, duties, liabilities and obligations.

The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.

Contact Us

At any time, you may contact us with any question that you may have with respect to the Service, at: worthflippinghouse@gmail.com

Last updated: September 23rd, 2023.