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Terms & Conditions

1. General

1.1   These Terms of Use (the "Terms") govern the use of the [System Name] system (the "System" or the "Service"), operated by [Company Name] (the "Company", "we"). Accessing or using the Service constitutes full agreement to these Terms.

1.2   The Company's Privacy Policy, published separately, forms an integral part of these Terms. In the event of any conflict between the Terms and the Privacy Policy with respect to Section 5 below, the provisions of Section 5 shall prevail.

1.3   If you do not agree to these Terms of Use in full, you may not use the Service.

2. Definitions

2.1   "User" — any person accessing or using the System, whether as a registered user or otherwise.

2.2   "Content" — any information, text, message, voice input, or other output entered by the User into the System, as well as responses and outputs produced by the System in relation thereto.

2.3   "Emergency Situation" — any of the situations described in Section 5.1 below.

2.4   "Emergency Authorities" — the Israel Police, Magen David Adom, ER'AN (the national emotional first-aid hotline), government rescue and health authorities, and/or any other competent authority in Israel dealing with the prevention of harm to life or body, or with law enforcement, as applicable.

3. Description of the Service

3.1   The System is an artificial-intelligence-based tool providing general emotional support and guidance. The Service does not constitute psychological, psychiatric, or medical treatment, and is not a substitute for diagnosis, treatment, or professional consultation by a qualified provider.

3.2   The Service is not an emergency service and is not intended to provide an immediate response in life-threatening situations. A User who believes that they, or another person, are in immediate danger should contact emergency services without delay (100/101/102 or the relevant hotline).

4. Nature and Limitations of the Service; Limitation of Liability

4.1   The Service constitutes emotional support and guidance based on artificial intelligence only. By its nature, the Service is not an exact science, and its outputs may be partial, inaccurate, or unsuited to the specific circumstances of any given User. The Service is not intended to, and does not, constitute a tool for medical, psychiatric, psychological, or any other professional diagnosis, and is not intended to constitute guidance or a recommendation as to how a User should or should not act on any matter, including matters relating to the User's mental or physical health.

4.2   The User must exercise independent judgment with respect to any content, insight, or output received from the Service, and must independently assess, according to their own circumstances, the need to consult a qualified provider with psychological, psychiatric, medical, or other relevant expertise. Under no circumstances does use of the Service, in whole or in part, constitute a substitute for professional individual treatment, to the extent such treatment is required.

4.3   The User represents and acknowledges that they are aware that the Service, as of the time of use, is at a developmental and experimental stage, that its results, degree of accuracy, and degree of effectiveness are neither certain nor guaranteed, and that, as a customer, they assume the full risk involved in using the Service on that basis.

4.4   Without derogating from the foregoing, the Company shall bear no liability whatsoever, direct or indirect, for any damage, loss, expense, or consequence of any kind, incurred by the User or any third party, arising from: (a) any recommendation, content, conclusion, or output provided by the System; (b) any act or omission of the User, including any decision made or action taken or not taken, in reliance on the use of the interface or as a result thereof; and (c) any other activity, implication, or consequence arising, directly or indirectly, from interaction with the System.

5. Emergency Situations, Risk to Life, or Suspected Criminal Conduct

5.1 Circumstances Triggering the Procedure

5.1.1   The System implements an internal mechanism to identify content that gives rise to a reasonable concern, as assessed by the System in real time, that: (a) there is a risk to the life or body of the User or of another person, including but not limited to suicidal ideation, self-harm intentions, or acute psychological distress; and/or (b) there is a concern regarding the commission of a criminal offense, whether against the User, against a third party, or by the User.

5.1.2   The determination of whether such a concern exists, its nature, and its degree of severity, is subject to the sole and absolute discretion of the System, and is not conditional upon prior human approval, verification, or review, in light of the need for immediate action in such situations.

5.2 Actions the Company May Take

5.2.1   Where an Emergency Situation as described above exists, the Company and/or the System may, at their discretion and without any requirement of prior notice to the User, immediately contact the Emergency Authorities and update them as to the existence of the concern.

5.2.2   In connection with the foregoing, the Company and/or the System may provide the Emergency Authorities with the User's details known to the System (to the extent known), and may present and provide the full Content, including those specific portions of the Content that the System identified as relevant to the concern that triggered the procedure, as well as any additional content the Company deems appropriate in order to provide an adequate response to the situation.

5.2.3   Nothing herein shall impose upon the Company or the System an obligation to act as described in every instance, and no liability whatsoever shall attach to the Company for refraining from doing so.

5.3 Waiver of Privacy in an Emergency Situation

5.3.1   The User acknowledges and agrees that, in an Emergency Situation as defined above, and to the extent required to implement Section 5.2, there shall be no expectation of privacy with respect to the Content, and that the User waives in advance, fully and irrevocably, any claim regarding a breach of privacy, confidentiality, or any similar right, in connection with the disclosure of such Content to the Emergency Authorities.

5.4 Advance Acknowledgment and Release

5.4.1   The User represents that they are aware of, and agree, that the determination as to the existence of an Emergency Situation, including the assessment of its reasonableness and severity, is made by means of an automated system and is subject to its sole discretion, and that such a determination may be made even in cases where, in fact, the User had no intention whatsoever of harming themselves, another person, or committing any offense, and that the Company shall bear no liability whatsoever for that fact.

5.4.2   The User hereby releases and forever waives, fully and irrevocably, any claim, demand, or lawsuit of any kind whatsoever against the Company, its directors, employees, and anyone acting on its behalf, in connection with the operation of the procedure described in this Section 5, including but not limited to the decision to activate it, the manner of its implementation, the content provided to the Emergency Authorities, and any damage — direct or indirect — caused to the User as a result thereof, including in a case where it is later determined that there had, in fact, been no basis for activating the procedure, provided that the Company acted in good faith and in a reasonable manner in accordance with the circumstances known to it at the relevant time.

6. General Limitation of Liability

6.1   The Service is provided "AS IS", without any warranty as to a particular outcome. The Company shall not be liable for any damage, direct or indirect, caused as a result of use of the Service, to the extent permitted by law.

6.2   Nothing in this general limitation of liability shall derogate from the provisions of Sections 4 and 5 above, which constitute specific arrangements with respect to the nature of the Service and to emergency situations, respectively.

7. Intellectual Property

7.1   All intellectual property rights in the System, including but not limited to the model, algorithms, interface, and content, belong solely to the Company, excluding content entered by the User themselves.

8. Engagement and Payment Terms

8.1   The consideration for the Service shall be paid by the User in accordance with the payment mechanisms presented to the User during the registration or purchase process (including, among others, monthly payment, periodic payment, or advance payment for a defined commitment period), as approved by the User at the time of engagement.

8.2   Where a plan involving a predefined commitment period is selected, the User undertakes to pay the full consideration for such commitment period, regardless of the actual extent of use made of the Service during that period, and regardless of whether the User was satisfied with the Service or not — all subject to Section 8.3 below.

8.3   Without derogating from Section 8.2, and in accordance with the legal provisions applicable to continuing transactions: a User may deliver to the Company, at any time, notice of cancellation of the engagement, by any of the means prescribed by law, and ongoing billing for the engagement shall cease within the period prescribed by law from the date such notice is given. Where a User seeks to cancel the engagement prior to the end of the commitment period they selected, the Company may charge the User a cancellation fee in respect of such early cancellation, in the amount specified by us, provided that such cancellation fee meets the reasonableness tests prescribed by law in relation to the circumstances of the matter.

8.4   Nothing in this Section 8 shall derogate from the provisions of Section 5 above, to the extent relevant.

9. Changes to the Terms of Use

9.1   The Company may update these Terms from time to time. Continued use of the Service following the publication of an update constitutes agreement to the updated Terms.

10. Governing Law and Jurisdiction

10.1   These Terms shall be governed solely by the laws of the State of Israel, and exclusive jurisdiction over any matter relating thereto shall be vested in the competent courts of the Tel Aviv district.

11. Contact

11.1   For any question or inquiry regarding these Terms, please contact the Company at: info@fillio.ai.

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