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SMS Service Agreement

A binding agreement between Vibrate and the customer for the use of messaging services

Parties to the Agreement

The Company: Vibrate (“Vibrate”)

The Client: The user of the service

1

Contract Period and Service Termination

1.1

Agreement Period

Either party may terminate this agreement at any time by providing 30 days' prior written notice to the other party. The agreement shall remain in force unless either party provides notice of termination.

1.2

Service Termination

"Vibrate" may disconnect and/or terminate the service to the customer at any time and/or transfer information relating to them, if required by the cellular operator and/or by court order and/or legal requirements and/or if the customer violates their obligations under this agreement and/or its appendices.

"Vibrate" shall not bear any liability for disconnection or termination of service under this section, and such disconnection or termination shall not relieve the customer from any obligation under this agreement, until the date of disconnection.

1.3

Spam Law Protection

"Vibrate" may terminate the service to the customer immediately and without prior notice in the following cases:

  • Violation of the Communications Law (Telecom and Broadcasting), 1982 or spam regulations
  • Sending messages without documented consent of recipients
  • Receiving repeated complaints from the Authority for Computerized Services
  • Any activity that may jeopardize the company's license or standing with authorities
2

Limitation of Liability and Service Restrictions

It is clarified to the customer that service quality depends on additional factors beyond "Vibrate's" control, including the cellular operator, communication quality and coverage, end equipment quality, services of others to/from which the service operates, and/or providers of services on the network, power outages, computer equipment failures, etc.

2.1

General Limitation of Liability

The cellular operator and/or "Vibrate" and/or its owners and/or managers and/or employees, and/or on their behalf shall not be liable for any loss and/or expense and/or damage, including special, indirect, foreseeable or consequential damage, caused to the customer and/or on their behalf and/or to the subscriber regardless of cause, including as a result of provision or non-provision of the service, its limitation, suspension, or disconnection, or its quality, and/or in connection with sending SMS messages, their timing, content and results and/or termination of service in accordance with the provisions of this agreement.

"Vibrate's" liability under this agreement is limited to direct damages only, caused to the customer only, as a result of "Vibrate's" breach of this agreement.

2.2

Absolute Limitation of Liability

"Vibrate" shall not be liable in any case for any damage, loss or expense arising from:

  • Violation of spam or communication laws by the customer
  • Fines or sanctions imposed on the customer by authorities
  • Damage to reputation or goodwill of the customer
  • Loss of customers or revenue due to service termination
  • Any indirect or consequential damage related to use of the service
3

Obligations of the Parties

3.1

General Obligations

The customer undertakes to act in accordance with the provisions of this agreement including, but not limited to, the content rules detailed in Appendix A and to comply with all legal requirements.

3.2

Explicit Consent

The customer undertakes to send messages only to subscribers who have given explicit, prior written consent to receive the service from the customer. The consent must be documented and kept by the customer for at least 3 years and presented to "Vibrate" upon request.

3.3

Privacy Protection

The customer undertakes to obtain explicit written consent from any third party to whom they send messages, under this agreement, for the collection of information about them by the customer and storage of the information on Vibrate's servers. It is clarified that the customer is the owner of the information and not Vibrate, and the customer shall comply with the Privacy Protection Law 1981 and regulations enacted thereunder regarding registration of databases and information security, as well as the Communications Law (Telecom and Broadcasting) 1982 and spam regulations.

3.4

Reporting and Documentation Obligations

The customer undertakes:

  • To document every consent given to receive messages, including date, time and method of consent
  • To honor every request for removal from the mailing list within 24 hours
  • To report to "Vibrate" any complaint received regarding messages sent
  • To maintain an active and accessible opt-out system in every message
  • Not to send more than 3 marketing messages to the same number per week (unless explicit consent for higher frequency was obtained)
3.5

Data Storage

It is clarified that as part of providing the service and in order to enable the service, Vibrate is required to store information generated as a result of providing the service on servers. Without derogating from the provisions of this agreement and/or any law, there is an absolute prohibition on Vibrate using information stored on its servers in any manner or form, including, but not limited to, modifying the information, disclosing it, delivering it or transferring it to another party and/or performing any other action with it of any kind. It is clarified that Vibrate does not serve as a "holder" as defined in the Privacy Protection Law and the obligations applicable to a holder under the Privacy Protection Law do not apply to it.

3.6

Exclusive Responsibility[Extension of Customer Liability]

The customer shall be solely liable for any loss, damage or expense caused to "Vibrate" and/or the cellular operator and/or the subscriber and/or third parties due to any act and/or omission in connection with the service, and including in connection with the information provided in the service and/or due to any action in violation of any legal provision, including but not limited to, the Communications Law (Telecom and Broadcasting) 1982, spam regulations, Privacy Protection Law 1981, and regulations enacted thereunder and/or the provisions of this agreement.

3.7

Compensation and Reimbursement

The customer shall be liable for any claim, lawsuit and/or other demand of any third party, including the Authority for Computerized Services, Ministry of Communications, or any other authority, against Vibrate arising directly or indirectly from providing the services under this agreement, and shall compensate and indemnify Vibrate immediately upon its first demand, for any damage, loss, out-of-pocket expense and/or other expense, including legal costs, fines, sanctions and legal consulting costs.

3.8-3.10

Legal Expenses

The customer shall indemnify Vibrate for the full costs and expenses of Vibrate in any case where Vibrate is required to provide a response and/or conduct any proceeding and/or inquiry and/or perform any action with a competent authority due to the customer's use and/or manner of use of the service.

If any damage is caused to Vibrate, the right to sue the customer in the customary courts for all damage caused to it shall be granted.

4

General Provisions

4.1-4.7

General Provisions

Exclusive Agreement:

This agreement alone governs the terms applicable to the provision of the service

Evidence:

Vibrate's records shall serve as prima facie evidence

Non-transferable:

The service is personal and non-transferable

Marketing Information:

Vibrate may contact the customer with promotional offers

Data Protection:

Vibrate commits not to use distribution lists

opt-out:

Immediate removal of subscribers who requested to be deleted

Jurisdiction:

Courts in the Tel Aviv-Jaffa district

4.8

Legislation Updates

In the event of a change in relevant legislation (including spam regulations), Vibrate may update the agreement terms with 7 days' notice. Non-agreement to an update shall constitute grounds for termination of the agreement.

Appendix A - Content Rules

Strictly Prohibited Content

Violation of any of the following rules will result in immediate service termination

Copyright and Trade

  • Material that infringes proprietary rights
  • Copyright or trademark infringement
  • Trade secrets
  • Commercial torts

Offensive Content

  • Defamation and invasion of privacy
  • Pornographic or sexual content
  • Racist or offensive content
  • Information about minors

Harmful Technical Content

  • Viruses and malicious software
  • Trojan horses and worms
  • Harmful applications
  • Password cracking

Illegal Content

  • Encourages criminal activity
  • Misleads consumers
  • Spam (SPAM)
  • Content prohibited by law from publication

Special Obligations

  • Sender field: Only real numbers registered under the customer's name
  • Content supervision: Vibrate may review and reject messages
  • Exclusive responsibility: The customer is responsible for the content and style of all messages

Vibrate

Last updated: 23/06/2025