Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the services provided by Goren Apps, operated by Dalit Ginbar ("we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree, you may not use our services.

2. Description of Service

Goren Apps provides WhatsApp-based business communication tools that enable businesses to send and manage messages to their customers via the WhatsApp platform. Our services include:

• Automated customer notifications (e.g., order confirmations, reminders, alerts)
• Structured customer support messaging via WhatsApp
• Business process automation through messaging workflows
• Multi-step messaging sequences for customer engagement

Our services operate through the WhatsApp Business API and are subject to WhatsApp's own policies and terms, as well as those of Twilio, our messaging infrastructure provider.

3. User Consent and Messaging Types

Our services support two distinct types of WhatsApp conversations, each with different consent requirements in line with WhatsApp's Business Policy:

User-initiated conversations (customer support): When a customer contacts the business first, no prior opt-in is required. The customer's inbound message constitutes implicit consent to receive replies within that conversation window.

Business-initiated conversations (outbound notifications): When the business sends the first message, explicit prior opt-in from the recipient is required. This means:

• Businesses are solely responsible for obtaining valid, documented opt-in consent before sending any outbound message.
• Opt-in must be freely given, specific, and unambiguous — collected via a web form, SMS keyword, or written agreement.
• Recipients must be informed of the type of messages they will receive at the time of opt-in.
• Records of opt-in consent must be maintained and made available upon request.

Using our services to send business-initiated messages to individuals who have not opted in is a material breach of these Terms and grounds for immediate termination of service.

4. Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. The following are strictly prohibited:

• Sending unsolicited messages, spam, or bulk promotional messages to users who have not opted in.
• Sending abusive, harassing, threatening, defamatory, or otherwise harmful content.
• Using the service to distribute malware, phishing attempts, or fraudulent content.
• Misrepresenting the identity of the sender or impersonating another person or entity.
• Violating WhatsApp's Business Policy or Meta's platform terms.
• Using the service in any way that violates applicable local, national, or international law.
• Attempting to circumvent technical restrictions or security measures of the platform.

We reserve the right to investigate and take action against any use of our services that violates these restrictions, including suspending or terminating access without prior notice.

5. Business Customer Responsibilities

Businesses that engage our services ("Customers") are responsible for:

• Ensuring opt-in consent is properly obtained and documented before sending any business-initiated (outbound) messages.
• Complying with all applicable laws, including data protection regulations relevant to their jurisdiction.
• Providing accurate and complete information when setting up their account and messaging workflows.
• Ensuring that message content is accurate, lawful, and not misleading.
• Promptly honoring opt-out requests from their customers.

6. Service Availability

We make reasonable efforts to maintain the availability and reliability of our services. However, we do not guarantee uninterrupted, error-free, or continuous access to the service. Service availability may be affected by:

• Scheduled or emergency maintenance
• Third-party service disruptions (including WhatsApp and Twilio)
• Factors outside our reasonable control

We will make reasonable efforts to notify affected customers of planned maintenance in advance where possible.

7. Limitation of Liability

To the fullest extent permitted by applicable law, Goren Apps and Dalit Ginbar shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of, or inability to use, the services — including but not limited to loss of profits, loss of data, or business interruption — even if we have been advised of the possibility of such damages.

Our total cumulative liability to you for any claims arising under these Terms shall not exceed the amount paid by you (if any) for the services in the three months preceding the event giving rise to the claim.

8. Disclaimer of Warranties

The services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the services will meet your specific requirements or that any particular results will be achieved through use of the services.

9. Termination

We may suspend or terminate your access to the services at any time, with or without notice, if:

• You breach any provision of these Terms.
• We determine, in our reasonable judgment, that your use of the service poses a risk to the integrity of our platform, our other customers, or end users.
• We are required to do so by law or by a third-party platform provider (such as WhatsApp or Twilio).
• You engage in behavior that violates WhatsApp's Business Policy.

Upon termination, your right to use the services ceases immediately. Provisions of these Terms that by their nature should survive termination will do so, including sections on liability, warranties, and governing law.

10. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this page. Your continued use of the services after changes are posted constitutes your acceptance of the revised Terms. If you do not agree with any changes, you must stop using the services.

11. Governing Law

These Terms are governed by and construed in accordance with applicable law. Any disputes arising under these Terms shall be resolved in the appropriate jurisdiction as required by applicable law.

12. Contact

For questions about these Terms or our services, please contact us:

Goren Apps, operated by Dalit Ginbar
Business Registration No. 31734106
Yassur, 20150, Israel
Email: [email protected]