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Terms Of Use

1. Introduction

1.1. Our Purpose

Our services offer our Users (as defined below) the ability to easily create a beautiful and highly functional online presence, manage and promote businesses, content, and ideas, and have an overall great experience doing so – even without being tech-savvy or a design guru. As detailed below, we offer our users numerous tools and features for creating, publishing, and use of stunning websites, online e-commerce platforms, newsletters, galleries, media players, mobile apps, and other online and mobile applications, tools, and services. The online, and mobile websites, functionalities, and platforms created by Users are collectively referred to herein as “User Platform(s)”.

1.2. Legal Agreement

These PeaceCares Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the Wix.com website(s) (“PeaceCares Website”, and collectively – the “PeaceCares Terms”), set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of the PeaceCares Website, the PeaceCares mobile application (the “PeaceCares App”) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the PeaceCares Website or the PeaceCares App, collectively – the “PeaceCares Services” or “Services”). For the avoidance of doubt, PeaceCares Services (as defined in these Terms of Use) do not include services, applications, features, or components that were built, developed, connected or offered by a PeaceCares User, even if presented on the PeaceCares Website or the PeaceCares App.

The PeaceCares Terms constitute a binding and enforceable legal contract between Wix.com Ltd. and its affiliated companies and subsidiaries worldwide (“PeaceCares”, “us” or “we”) and you in relation to the use of any PeaceCares Services - so please read them carefully.

You may visit and/or use the PeaceCares Services and/or the PeaceCares App only if you fully agree to the PeaceCares Terms - and by using and/or registering to any of the PeaceCares Services, you signify and affirm your informed consent to these Terms of Use and any other PeaceCares Terms applicable to your use of any PeaceCares Services. If you do not read, or fully understand or if you do not agree to the PeaceCares Terms, you must immediately leave the PeaceCares Website and avoid or discontinue all use of the PeaceCares Services or PeaceCares App.

By using our Services, you also acknowledge that you have read our Privacy Policy available.

1.3. User Account

In order to access and use the PeaceCares Services, you must first register and create an account with PeaceCares (“User Account”).

Creation of a User Account or purchase of Paid Services (as defined in Section 6 below), can be done either directly on the PeaceCares Website or through an unrelated third-party authorized to sell PeaceCares subscriptions to User Accounts and other Paid Services (a “Reseller”) under a separate agreement with PeaceCares (a “Reseller Agreement”).

If you register to PeaceCares Services or purchase Paid Services via a Reseller (referred to herein as a “Reseller User”) please note the following:

  • These Terms of Use are applicable in addition to any arrangement by and between you and the Reseller, and they govern your use of the PeaceCares Services.
  • As between you and PeaceCares,  per your relationship with PeaceCares and unless otherwise specifically indicated in these Terms of Use, these Terms of Use supersede any arrangement between you and the Reseller with regard to your use of the PeaceCares Services and/or activities in your User Account (or the User Account to which you are added).
  • Certain services, applications, and features of the PeaceCares Services may not be available to you or may only be available to you through the Reseller platform.

1.4. Access to Accounts; Roles and Permissions

You may invite others to your User Account and your User Platforms and assign them certain roles and permissions to perform certain activities within your User Account and User Platforms.

A person granted permission to perform activities on a User Account that such person does not own is referred to herein as a “Contributor”.

If anyone other than yourself (including Contributors) accesses your User Account and/or any of your User Platforms’ settings, they may also (and if done by a Contributors, depending on the roles and permissions you assign them), perform actions available to you (unless as specifically stated otherwise on the PeaceCares Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name as the owner of the User Account, whether or not specifically authorized by you.

Therefore, we strongly encourage you to (i) keep the log-in credentials of your User Account confidential, and (ii) allow access to your User Account, only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties, and undertakings made therein and including by any Contributor), and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using PeaceCares Services. We strongly encourage you to provide your own (or your company’s, as applicable) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

If you are a Contributor,  you are required to register and create a User Account of your own in order to access the User Account under which you are a Contributor. Therefore these Terms of Use apply to Contributors as well.

If you are a Reseller User, then depending on the agreement between you and the Reseller, such Reseller may be the owner of the User Platform and you may be invited by the Reseller as a Contributor to such User Platform.

If you are invited as a Contributor to a User Platform or if you are a Reseller User, you acknowledge that the owner of such User Platform and /or the Reseller (ii) shall have full access to any information (including personal information) that is stored by you or on your behalf on such User Platform; and (ii) shall have all the rights and functionalities awarded to a User Account owner, in connection with such User Platform.

1.5. Account Ownership

For each User Platform, PeaceCares will consider the owner of such User Platform to be the person or entity whose email address is listed in PeaceCares records as the owner of the User Account under which the User Platform was created.

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such a determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without PeaceCares having any liability to you or to any other party. We may request documentation (e.g., government-issued ID, a business license) that may assist us in determining ownership.

If you created your User Account directly on the PeaceCares Website (and not via a Reseller),  we may consider the principles set forth below to determine ownership.

If you are invited as a Contributor to a User Platform or if you are a Reseller User, you acknowledge that the owner of such User Platform and /or the Reseller (ii) shall have full access to any information (including personal information) that is stored by you or on your behalf on such User Platform; and (ii) shall have all the rights and functionalities awarded to a User Account owner, in connection with such User Platform.

  1. PeaceCares will consider the person or entity who has access to the e-mail address (listed in PeaceCares records for a User Account under which such User Platform or User Content was created) as the owner of a User Account, User Platform, and/or User Content created and/or uploaded to the relevant PeaceCares Service.
  2. If any Paid Services were purchased via a User Account, PeaceCares may consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, as the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable, if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the ICANN LOOKUP database provided on the https://lookup.icann.org/ent website or on PeaceCares database, PeaceCares may consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such a domain, PeaceCares will consider the organization as the actual owner of the domain. In the event the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, PeaceCares shall consider the person registered as the owner of the domain connected to the PeaceCares Account as the owner of the User Platform.

Notwithstanding the foregoing, PeaceCares shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in the event PeaceCares deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by the sole discretion of PeaceCares.

If you are a Reseller User the ownership of the respective User Account may be determined by PeaceCares pursuant to the terms of the Reseller Agreement.

2. Your Obligations

2.1. You represent and warrant that:

  1. you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the India, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the PeaceCares Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the PeaceCares Terms.
  2. you are not ordinarily resident of, and will not use or distribute the PeaceCares Services or PeaceCares App in, any country or region subject to U.S. comprehensive country or regional embargos. You further confirm that you are not included on any sanctions list, including without limitation, the U.S. Specially Designated Nationals and Blocked Persons List, maintained by the U.S. (“SDN List”), or any other applicable sanctions list maintained by the EU, the UK or other, and that you are not owned 50 percent or more, directly or indirectly in the aggregate, by a Sanctioned Party and are not otherwise controlled by such a party (“Sanctioned Party”).  You further confirm that you will not use or distribute the PeaceCares Services or the PeaceCares App directly or indirectly to or for the benefit of a Sanctioned Party.  You agree to indemnify PeaceCares against any and all losses, including without limitation, monetary penalties and legal fees, that PeaceCares may suffer should you violate any of the forgoing confirmations regarding your non-sanctioned status.
  3. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
  4. you understand that PeaceCares does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

    And specifically regarding your User Content:
  5. you confirm you own all rights in and to any content uploaded, developed or provided by you, or imported, connected, copied or uploaded by PeaceCares Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, algorithms, SPIs, APIs, databases, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, connect, develop, publish, transfer or license such User Content, by you and us or any of our affiliates;
  6. you have (and will maintain) the full power, title, licenses, consents and authority to allow PeaceCares Services or PeaceCares App to access any websites, web pages and/or other online services, for the purpose of importing, exporting, copying, displaying, uploading, publishing, transmitting and/or otherwise using your User Content.
  7. the User Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for PeaceCares and/or your End Users to access, import, export, copy, upload, publish, post, store, use or possess in connection with the PeaceCares Services;
  8. you have obtained all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

2.2. You undertake and agree to:

  1. fully comply with all applicable laws and any other contractual terms which govern your use of the PeaceCares Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
  2. be solely responsible and liable with respect to any of the uses of the PeaceCares Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, storing, collecting, importing, exporting, uploading, copying, using or publishing such User Content on or with respect to the PeaceCares Services);
  3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications features, services, and/or Third Party Services used, connected, presented or developed by you;
  4. receive from time to time promotional messages and materials from PeaceCares or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please notify us at any time;
  5. allow PeaceCares to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of PeaceCares marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against PeaceCares or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
  6. PeaceCares sole discretion as to the means, manner, and method for performing the PeaceCares Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
  7. PeaceCares shall have the right to offer the PeaceCares Services in alternative price plans and impose different restrictions for the upload, storage, download and use of the PeaceCares Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, the volume of download time, number of subscribers to your Content, the volume of storage, etc.

2.3. You agree and undertake not to:

  1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the PeaceCares Website, the PeaceCares Services (or any part thereof), any Content offered by PeaceCares or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without PeaceCares prior written and specific consent and/or as expressly permitted under the PeaceCares Terms;
  2. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
  3. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
  4. publish and/or make any use of the PeaceCares Services or Licensed Content on any website, media, network or system other than those provided by PeaceCares, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the PeaceCares Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by PeaceCares, in advance and in writing;
  5. act in a manner which might be perceived as damaging to PeaceCares reputation and goodwill or which may bring PeaceCares into disrepute or harm;
  6. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use PeaceCares or PeaceCares Marks and/or variations and misspellings thereof;
  7. reverse look-up, trace, or seek to trace another User of PeaceCares Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the PeaceCares Services and/or User Platform without their express and informed consent;
  8. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the PeaceCares Services, User Platform, the account of another User(s), or any other systems or networks connected to the PeaceCares Services, by hacking, password mining, or other illegitimate or prohibited means;
  9. probe, scan, or test the vulnerability of the PeaceCares Services or any network connected to the PeaceCares Services;
  10. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the PeaceCares Services or PeaceCares systems or networks connected to the PeaceCares Services, or otherwise interfere with or disrupt the operation of any of the PeaceCares Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  11. use any of the PeaceCares Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
  12. utilize any of the PeaceCares Services or PeaceCares Systems for storage and/or video streaming purposes (whether for main streaming purposes or not). For example, creating and operating websites whose purpose is video streaming or main purpose is file storage. Including indirect utilization, through integration or connection with third-party platforms or services;
  13. access to PeaceCares Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
  14. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or PeaceCares Services, except as expressly permitted by the PeaceCares Terms;
  15. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the PeaceCares Services and/or Licensed Content; or
  16. violate, attempt to violate, or otherwise fail to comply with any of the PeaceCares Terms or any laws or requirements applicable to your use of the PeaceCares Services.
  17. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

3. Content and Ownership

3.1. Your Intellectual Property

As between PeaceCares and you, you shall own all intellectual property pertaining to your User Content and to any other materials created, developed, or connected to PeaceCares Services by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text and literary works. PeaceCares does not claim ownership rights on your User Content or the content you connected to the PeaceCares Services. You know and agree that in order to provide the Services to you and to maintain and improve the Services (the “Purpose”) we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to train our software tools (e.g. artificial intelligence and machine learning models), to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use your User Content for the Purpose.

3.2. PeaceCares Intellectual Property

All rights, title and interest in and to the PeaceCares Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the PeaceCares Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to PeaceCares.

Subject to your full compliance with the PeaceCares Terms and timely payment of all applicable Fees, PeaceCares hereby grants you, upon creating your User Account and for as long as PeaceCares wishes to provide you with the PeaceCares Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the PeaceCares Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the PeaceCares Terms, and solely within the PeaceCares Services.

The PeaceCares Terms do not convey any right or interest in or to PeaceCares Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the PeaceCares Terms constitutes an assignment or waiver of PeaceCares Intellectual Property rights under any law.

In addition to the above, certain fonts made available to you within the PeaceCares Services, are licensed to PeaceCares by a third party provider, and are therefore subject to additional license terms of such provider.

3.3. Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the PeaceCares Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by PeaceCares. By providing such Feedback to PeaceCares, you acknowledge and agree that it may be used by PeaceCares in order to: (i) further develop, customize and improve of the PeaceCares Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized PeaceCares -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which PeaceCares may use to provide and improve its services, (vi) to enhance PeaceCares data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to PeaceCares any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback

4. Privacy

Certain parts of the PeaceCares Services (including certain Third Party Services available therein, as further explained in Section 10 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the PeaceCares Services, PeaceCares and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by User and End Users through the PeaceCares Services and/or User Platforms. We encourage you to read our Privacy  Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

5. Service Fees

6.1. Paid Services

The use of certain PeaceCares Services may be subject to payment of particular fees, as determined by PeaceCares in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Important: if you are a  Reseller User and your payment is made to the Reseller, then the provisions of subsections 6.1 (1), 6.1(4), 6.2, 6.3 (2), 6.4 (1) and 6.5  of this Section 6 with respect to such specific Paid Service may not apply to you and the payment and management of such Paid Service, shall be made directly with the Reseller according to the terms agreed upon between you and the Reseller.

  1. PeaceCares will notify you of the Fees then in effect, you need to pay directly to PeaceCares in relation to the Paid Services you decide to purchase from PeaceCares. If you wish to receive or use the Paid Services, you are required to pay all applicable Fees in advance
  2. PeaceCares reserves the right to change its Fees at any time in its sole discretion. PeaceCares will send a notice regarding the change to you or your Reseller if such a change will affect your existing subscriptions
  3. you received a discount or other promotional offer, either from PeaceCares or from a Reseller, PeaceCares the Reseller, respectively, shall have the right at the end of the applicable discounted period, to, automatically and without notice, renew your subscription to such PeaceCares Service(s) at the full then-current applicable Fee.
  4. All Fees paid directly to PeaceCares shall be deemed to be in INR, except as specifically stated otherwise in writing by PeaceCares. To the extent permitted by law (and unless specified otherwise by Wix in writing), all Fees are exclusive of all taxes (including value-added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the PeaceCares Services, or to any payments or purchases made by you. If PeaceCares is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). PeaceCares is not responsible for any such additional fees or costs.
  5. If you purchase Paid Services directly from PeaceCares, then as part of registering or submitting information to receive Paid Services, you also authorize PeaceCares (either directly or through its affiliates, subsidiaries other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries PeaceCares or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
  6. You must keep a credit card stored with PeaceCares to pay for your Paid Services (“Stored Card”) that are purchased directly from PeaceCares. You will be able to identify your Stored Card by its last four digits on your Account Settings Page.

6.2. Invoices

If you are a Reseller User and you pay the Reseller and not directly to PeaceCares, the following Section 6.2 does not apply to you.

PeaceCares and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by PeaceCares (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

6.3. Chargebacks

If at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees due directly to PeaceCares, on your PeaceCares account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the PeaceCares Services may be automatically disabled or terminated.

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In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 7.3 below).

Your use of the PeaceCares Services will not resume until you re-subscribe for any such PeaceCares Services, and pay any applicable Fees in full, including any fees and expenses incurred by PeaceCares and/or any Third Party Services for each Chargeback received (including Fees for PeaceCares Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

If you have any questions or concerns regarding a payment made by you to PeaceCares, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the PeaceCares Services from being canceled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the PeaceCares Services purchased (and charged-back) by you.

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and received or made use of the services rendered thereafter.

6. Cancellation

1. Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any PeaceCares Services at any time, in accordance with the instructions available on the PeaceCares Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the PeaceCares Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period. Notwithstanding the aforesaid, any Paid Service (including Renewing Paid Services) purchased from a Reseller are subject to such cancellation terms as agreed between you and your Reseller.

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment. 

7.2. Cancellation by PeaceCares

Failure to comply with any of the PeaceCares Terms and/or to pay any due Fee shall entitle PeaceCares, among other things, to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related PeaceCares Services (e.g., Paid Services) or Third Party Services to you.

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If you open a User Account via a Reseller or purchase Paid Services from a Reseller, then PeaceCares is entitled to suspend, terminate or block access to your User Account and User Platform (or certain features thereof) as well as to the provisioning of any related PeaceCares Services or Third Party Services to you, also if: (a) PeaceCares is requested to do so by your Reseller; or if (b) Reseller fails to pay PeaceCares any amounts due to PeaceCares pursuant to the Reseller Agreement. You consent to these suspension and termination rights and acknowledge and agree that PeaceCares shall have no liability to you of any kind with respect to any such suspension or termination. Your sole recourse with respect to any such suspension or termination shall be against the Reseller.

7.3. Loss of Data, Content and Capacity

If your User Account or any PeaceCares Services or Third Party Services related to your User Account are canceled (whether at your request or at PeaceCares discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). PeaceCares shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any PeaceCares Services following their cancellation, as determined by PeaceCares in its sole discretion.

7. Third Party Services

The PeaceCares Services enable you to engage, connect, further develop and procure certain third-party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the PeaceCares Website (including the PeaceCares App), third party Licensed Content, media distribution services, sellers of tangible products, third party designers who may assist you with your User Platform, external databases, code packages, etc. (collectively, “Third-party Services”).

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain PeaceCares Services, offered separately by PeaceCares or persons certified or authorized by PeaceCares, connected independently by you or otherwise offered anywhere on the PeaceCares Services), PeaceCares does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. PeaceCares will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third-party Services.

You acknowledge that such services may require the payment of additional amounts to PeaceCares and/or to the providers of such Third-Party Services.

Any and all use of such Third-party Services shall be done solely at your own risk and responsibility and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

If you use third-party services, tools, code, algorithms, databases, products, software or goods while using our Services, you declare that you act in compliance with their terms of use. For example, if you use YouTube while using the Services, you must comply with the applicable YouTube terms and its privacy policy as in the effective version as of the date of use of such services.

While we hope to avoid such instances, PeaceCares may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the PeaceCares Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users

8. PeaceCares Services

8.1. The PeaceCares services is available for individuals aged 18 and above. By using the service, you confirm that you meet this age requirement.

8.2. If you are under 18 years of age, you must have the consent of a parent or guardian to use the service.

8.3. The “Homies” are trained peer counselors, not licensed mental health professionals. Any of our service is intended to provide peer support, emotional guidance, and a safe space to talk.

8.4. Any of our service does not replace professional mental health services such as therapy, counseling, or medical treatment. For emergencies or critical mental health issues, please contact a licensed professional or emergency services.

8.5. PeaceCares is not liable for any actions or decisions you make based on advice or information provided during any session.

8.6. Your privacy is important to us. While our “Homies” will keep your conversations confidential, there are some exceptions, such as:

If there is a risk of harm to yourself or others.

If there is a legal obligation to disclose information.

8.7. PeaceCares may collect certain non-personally identifiable data (e.g., usage statistics) to improve our services. 

8.8. You agree to use the PeaceCares services respectfully and responsibly. Harassment, abusive behavior, or inappropriate language towards our “Homies” will not be tolerated.

8.9. Any inappropriate behavior may result in the termination of your access from the platform.

8.10. You are responsible for any content you share during any session. Sharing inappropriate, offensive, or illegal content is strictly prohibited.

8.11. PeaceCares strives to offer uninterrupted access to the services; however, there may be occasional downtimes due to technical issues, maintenance, or other factors beyond our control.

8.12. PeaceCares reserves the right to modify, suspend, or discontinue the services at any time without notice.

8.13. PeaceCares does not guarantee any specific outcomes or results from using any service. All guidance provided by “Homies” is for informational purposes and does not constitute professional advice.

-PeaceCares disclaims all liability arising from the use of the any feature, including any emotional distress or harm resulting from the conversation.

8.14. PeaceCares reserves the right to terminate or suspend access from the for any user who violates these Terms and Conditions.

8.15. You may discontinue your use of any service at any time.

8.16. PeaceCares reserves the right to modify these Terms and Conditions at any time. Any updates will be posted on our website and will take effect immediately.

9. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, PeaceCares, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the PeaceCares Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the PeaceCares Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the PeaceCares Services; (6) events beyond the reasonable control of PeaceCares, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of PeaceCares Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for PeaceCares services to you, and such limitations will apply even if PeaceCares has been advised of the possibility of such liabilities.

10. Indemnity

You agree to defend, indemnify and hold harmless PeaceCares, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other PeaceCares Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the PeaceCares Services, including, without limitation, PeaceCares Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

11. General

11.1. Changes & Updates

PeaceCares reserves the right to change, suspend or terminate any of the PeaceCares Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the PeaceCares Services (including removal of any materials created by you in connection with the PeaceCares Services) for any reason and/or change any of the PeaceCares Terms with or without prior notice - at any time and in any manner.

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You agree that PeaceCares will not be liable to you or to any third party for any modification, suspension or discontinuance of those PeaceCares Services (or materials, content or services created, developed or connected by you in connection with the PeaceCares Services).

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If any such changes involve the payment of additional or higher Fees, we will provide you with a notice regarding such additional or higher Fees prior to enabling such specific changes. If you fail or refuse to pay such additional or higher Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 7 above), continue to support your then-current PeaceCares Services without enabling such changes, or provide you with alternative Services.

11.2. Governing Law & Jurisdiction; Class Action Waiver

You expressly acknowledge and agree that PeaceCares shall have the right to enforce these Terms of Use against you.

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The PeaceCares Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the PeaceCares Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the PeaceCares Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles.

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Tel Aviv, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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Subject to any applicable law, all disputes between you and PeaceCares shall only be resolved on an individual basis and you shall not have the right to bring any claim against PeaceCares as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

11.3. Notices

We may provide you with notices in any of the following methods: (1) via the PeaceCares Services, including by a banner or pop-up within the PeaceCares Website, User Account, or elsewhere; (2) by an e-mail, sent to the e-mail address you provided us; (3) if you are a Reseller User then via your Reseller; and/or (4) through any other means, including any phone number or physical address you provided us. PeaceCares notice to you or to your Reseller will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.

11.4. Relationship

The PeaceCares Terms, and your use of the PeaceCares Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between PeaceCares and you.

11.5. Entire Agreement

These Terms of Use, together with the PeaceCares Terms and any other legal or fee notices provided to you by PeaceCares, shall constitute the entire agreement between you and PeaceCares concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between PeaceCares and you, including those made by or between any of our respective representatives, with respect to any of the PeaceCares Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of PeaceCares in entering into any of the PeaceCaresTerms.

11.6. Assignment

  1. PeaceCares may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the PeaceCares Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of PeaceCares. Any attempted or actual assignment thereof without PeaceCares prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎17.6 shall not in itself grant either PeaceCares or you the right to cancel any PeaceCares Services or Third Party Services then in effect.
  2. If you are a Reseller User, then your subscription with the Reseller with respect to your User Account or User Platform (or any part thereof) may be assigned to PeaceCares. You agree that if your subscription (or any part thereof) to a PeaceCares User Account or User Platform with the Reseller is assigned to PeaceCares, your continued rights to access and use your User Account and User Platform will be subject to these Terms of Use, in their entirety (as may be amended from time to time) and you consent to the full application of these Terms of Use, including without limitation, the billing and payment provisions contained herein. You agree that following any such assignment, you shall, upon request by PeaceCares, provide such information as is required to secure payment for any Paid Services commencing after such assignment.

11.7. Severability & Waivers

If any provision of the PeaceCares Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the PeaceCares Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

11.8. Customer Service Contact

To get in touch with our Customer Service please go to PeaceCares Help Center which is available at: peacecares2718@gmail.com. 

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