JUSTA PRIVACY POLICY ("PRIVACY POLICY")
IMPORTANT: BY USING ASK JUSTA LTD.'S ("COMPANY" OR "WE") SERVICES
GENERALLY KNOWN AS JUSTA (COLLECTIVELY, THE "SERVICES") YOU ("YOU")
CONSENT TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND CONSENT
THAT ALL PII (DEFINED BELOW) THAT YOU SUBMIT OR THAT IS PROCESSED OR
COLLECTED THROUGH OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL
BE PROCESSED BY THE COMPANY AND ITS AFFILIATES IN THE MANNER AND FOR THE
PURPOSES DESCRIBED IN THE FOLLOWING PRIVACY POLICY.
YOU ARE NOT LEGALLY REQUIRED TO PROVIDE US WITH PII, HOWEVER, USE OF THE
SERVICES REQUIRES THAT YOU PROVIDE PII. IF YOU CHOOSE TO WITHHOLD ANY PII
REQUIRED IN RESPECT THEREOF, IT WILL NOT BE POSSIBLE FOR YOU TO USE THE
SERVICES. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH
HEREIN PLEASE DO NOT USE THE SERVICES.
“PII” means any information relating to an identified or identifiable natural person; an identifiable
natural person is one who can be identified, directly or indirectly, in particular by reference to an
identifier such as a name, an identification number, location data, an online identifier or to one or more
factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of
that natural person.
We recognize that privacy is important. This Privacy Policy applies to all of the services, information,
tools, features and functionality available on the Services offered by the Company or its subsidiaries or
affiliated companies and covers how PII that the Company collects and receives, including in respect
of any use of the Services, is treated. If you have any questions about this Privacy Policy, please feel
free to contact us at: [ask@justa.app]
1. Information We Collect and How We Use It.
In order to provide and operate our Services and provide services in connection therewith, we
collect and process PII, including the following types of information:
1.1. Your Account Information. When you subscribe to use the Services we ask you to provide
PII, including: Full name, email address, title at the Organization, and if you are registered
under an admin account also phone number and physical address.
1.2. Your Professional Profile. We use information submitted by you, information from your
Linkedin profile, information submitted by the Organization and your peers and information
generated during your use of the Services, in order to map your fields of expertise. We do this
in order to improve the Services provided to you and to the Organization by refer to you
queries within your field and enhancing the assistance we offer you in other fields.
1.3. Usage Information. We collect all queries and responses made on the Services, including
text, attached files, recorded sound and video footage. This information is retained and
processed in order to retain, manage and enhance the organizational information and
intelligence of the Organization. Your peers and all users authorized by your Organization
will have access to such information.
1.4. Sound and Video. You may record your sound or take video footage self on the Services in
order to submit a response to a professional question or record any professional information
that you choose to document in such a manner. All such recordings may be made available to
all users of your Organization.
1.5. Third Parties. We sometimes supplement the PII with information that is received from third
parties. For example we supplement your profile on the Services using information from
Linkedin. We may also rely on third party sources in order to protect against fraud or
information that is not up-to-date.
1.6. Usage Information. When you use the Services, we automatically receive and record
information from your browser, including without limitation information and statistics about
your online/offline status, your IP address, geolocation data (including country and city),
device identifiers, internet service provider, connection speed, search history, type of
browser, your regional and language settings and software and hardware attributes. Our
systems automatically record and store technical information regarding the method and nature
of your use of the Services. An IP address is a numeric code that identifies your browser on a
network, or in this case, the Internet. Your IP address is also used to gather broad
demographic information. The Company uses all of the PII identified in this Section in order
to understand the usage trends and preferences of our users, including recent visits to our
Services and how you move around different sections of our Services for analytics purposes
and in order to make our Services more intuitive.
1.7. Aggregate and Analytical Data. In the effort to produce insights regarding use of the
Services in order to improve our services and develop and improve automated processes on
our Services, we often conduct research on the information submitted. This research is
compiled and analyzed on an aggregate basis, and we share this aggregate data with
Company’s affiliates, agents and business partners and also disclose aggregated information
in order to describe our services to current and prospective business partners or investors.
This aggregate information does not identify you or your customers or employees personally.
2. Cookies.
In order to collect the data described herein we use temporary cookies that remain on your
browser for a limited period of time. We also use persistent cookies that remain on your browser
until the Company's Services are removed, in order to manage and maintain the Services and
record your use of the Services. Cookies by themselves cannot be used to discover the identity of
the user. A cookie is a small piece of information which is sent to and stored on your browser.
Cookies do not damage your browser. Most browsers allow you to block cookies but you may not
be able to use some features on the Services if you block them. You may set most browsers to
notify you if you receive a cookie (this enables you to decide if you want to accept it or not). We
also use web beacons via the Services to collect information. Web beacons or "gifs", are electronic
images that are used in our Services or in our emails. We use Web beacons to deliver cookies,
count visits and to tell if an email has been opened and acted upon.
3. Links. Links to other services, sites and applications are provided by the Company as a
convenience to our users. The Company is not responsible for the privacy practices or the content
of other sites and applications and you visit them at your own risk. This Privacy Policy applies
solely to PII collected by us.
4. Minors. If any of your data subjects (e.g. employees or customers) are minors under the age of 18,
you must obtain parental consent prior to using our Services. The Company will not knowingly
contact or engage with children under the age of 18 without said parental consent. If you have
reason to believe that a child has provided us with their PII, please contact us at the address given
above and we will endeavor to delete that PII from our databases.
5. Information Sharing.
As part of providing the Services our affiliates, agents, representatives and service providers will
have access to your PII. We require these parties to process such information in compliance with
this Privacy Policy and subject to security and other appropriate confidentiality safeguards. The
Company will also share PII in the following circumstances: (a) as required for providing the
Services; (b) for maintenance and improvement of the Services; (c) if we become involved in a
reorganization, merger, consolidation, acquisition, or any form of sale of some or all of our assets,
with any type of entity, whether public, private, foreign or local; and/or (d) to satisfy applicable
law or prevention of fraud or harm or to enforce applicable agreements and/or their terms,
including investigation of potential violations thereof.
6. Data Security. We follow generally accepted industry standards to protect against unauthorized
access to or unauthorized alteration, disclosure or destruction of PII. However, no method of
transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while
we strive to use commercially acceptable means to protect your PII, we cannot guarantee its
absolute security. We retain your PII only for as long as reasonably necessary for the purposes for
which it was collected or to comply with any applicable legal or ethical reporting or document
retention requirements.
7. Data Integrity. The Company processes PII only for the purposes for which it was collected and
in accordance with this Privacy Policy or any applicable service agreements. We review our data
collection, storage and processing practices to ensure that we only collect, store and process the
PII needed to provide or improve our Services. We take reasonable steps to ensure that the PII we
process is accurate, complete, and current, but we depend on our users to update or correct their
PII whenever necessary. Nothing in this Privacy Policy is interpreted as an obligation to store
information, and we may, at our own discretion, delete or avoid from recording and storing any
and all information.
8. Rights of Data Subjects.
8.1. Right of Access and Rectification. Data subjects have the right to know what PII we collect
about them and to ensure that such data is accurate and relevant for the purposes for which
we collected it. We allow data subjects the option to access and obtain a copy of their PII and
to rectify such PII if it is not accurate, complete or updated. However we may first ask data
subjects to provide us certain credentials to permit us to identify their PII.
8.2. Right to Delete PII or Restrict Processing. Data subjects have the right to delete their PII or
restrict its processing. We may postpone or deny such requests if the PII is in current use for
the purposes for which it was collected or for other legitimate purposes such as compliance
with legal obligations.
8.3. Right to Withdraw Consent. Data subjects have the right to withdraw their consent to the
processing of their PII. Exercising this right will not affect the lawfulness of processing the
PII based on consent obtained before its withdrawal.
8.4. Right of Data Portability. Where technically feasible, data subjects have the right to ask to
transfer their PII in accordance with their right to data portability, if required pursuant to
applicable law.
Data subjects may exercise the above rights by sending a request to [contact@justa.app].
8.5. Right to Lodge Complaint. Data subjects also have the right to lodge a complaint with a
data protection supervisory authority regarding the processing of their PII.
9. Enforcement. The Company regularly reviews its compliance with this Privacy Policy. Please
feel free to direct any questions or concerns regarding this Privacy Policy or our treatment of PII
by contacting us as provided above. When we receive formal written complaints it is the
Company's policy to contact the complaining user regarding his or her concerns. We will
cooperate with the appropriate regulatory authorities, including local data protection authorities, to
resolve any complaints regarding the transfer of PII that cannot be resolved between the Company
and an individual.
10. Changes to This Privacy Policy. The Company may update this Privacy Policy. We will notify
you about significant changes in the way we treat PII by sending a notice to the email address
provided by you or by placing a prominent notice on the Services. We encourage you to
periodically review this Privacy Policy for the latest information about our privacy practices. Our
customers and business partners will be notified of such changes and are responsible to inform
their data subjects.
11. Legal Justification and Consent To Processing. By providing any PII to us pursuant to this
Privacy Policy, all users, including, without limitation, users in the United States, Israel and
member states of the European Union, fully understand and unambiguously consent to this Privacy
Policy and to the collection and processing of such PII abroad. The server on which the Services
are hosted and/or through which the Services are processed may be outside the country from
which you access the Services and may be outside your country of residence. Some of the uses and
disclosures mentioned in this Privacy Policy involve the transfer of your PII to various countries
around the world that may have different levels of privacy protection than your country and will
be transferred outside of the European Economic Area. If there is a transfer of your PII outside the
EEA we will, in the absence of an EC Adequacy decision relevant to the destination country or to
the transfer, seek to rely on appropriate safeguards such as entering into appropriate EC approved
standard contractual clauses (see http://ec.europa.eu/justice/data-protection/international-
transfers/transfer/index_en.htm). By submitting your PII through the Services, you consent,
acknowledge, and agree that we will collect, use, transfer, and disclose your PII as described in
this Privacy Policy.
12. Questions. If you have any questions about this Privacy Policy or concerns about the way we
process your PII, please contact us at [ask@justa.app]. If you wish to delete all information
regarding your use of the Services, please contact us at: [contact@justa.app]
JustA Terms of Use
IMPORTANT: BY USING THE SERVICES (DEFINED BELOW) YOU ACCEPT THE
FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS SET FORTH HEREIN PLEASE DO NOT USE THE SERVICES.
1. Acceptance of Terms
The following instrument consists of the terms and conditions governing your (together, "you" or
"user") access to and use of Ask JustA Ltd.’s ("JustA" or "we") platform for knowledge management
for businesses (the "Services"). These JustA Terms of Service together with the JustA Privacy Policy
available at [www.justa.app/privacypolicy] (the "Terms") constitute a binding agreement between
you, JustA, and the organization under which your account at the Services is registered
(“Organization”). By accessing or using the Services in any way or manner you agree to abide by,
and be bound, by these Terms. If you opened the first account for your Organization or are defined as
the administer account for an Organization then you also enter into these Terms on behalf of the
Organization and undertake that you are authorized to represent the Organization.
ARBITRATION NOTICE. THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE IN
SECTION 15 BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES, AS EXPLAINED IN
SECTION 15, USERS FROM THE U.S.A. AND JUSTA AGREE THAT DISPUTES BETWEEN US
WILL BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION, AND
USERS FROM THE U.S.A. AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A
CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We may unilaterally change or add to the terms of these Terms at any time. In the event of a material
change, We shall notify you via email or by means of a prominent notice on the Services. You should
check our Services periodically and review changes to the Terms at the following URL:
[www.justa.app]. By continuing to use the Services following such modifications, you agree to be
bound by such modifications.
2. License
Subject to the terms and conditions set forth herein, JustA hereby grants you, and you accept, a
personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and
make personal use of the Services, only according to the terms of these Terms. The license may be
suspended or terminated by JustA at any time.
3. Limitations on Use
You undertake to use your account on the Services solely in connection with your work for the
organization under which you registered. Except as specifically permitted herein, you agree not to (i)
harass, intimidate, bully or threaten any person; (ii) sell, license (or sub-license), lease, assign,
transfer, pledge, or share your account and/or any of your rights under these Terms with/to any third
party; (iii) transfer, distribute, scrap, copy all or any part of the Services and/or the JustA IPR (as
defined below); (iv) syndicate any part of the Services or refer to the Services by use of framing; (v)
make use of the Services in any jurisdiction where same are illegal or which would subject JustA or its
affiliates to any registration requirement within such jurisdiction or country; (vi) use, or encourage,
promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use; (vii)
transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive
content, messages or files; (viii) use the Services in a manner that is reasonably likely to bring any
person or property into disrepute, including any use in advertising or promoting illegal behavior,
hostility or discrimination based on race, religion, ethnic background, sex, age, disability or sexual
preference or any other subject matter that would be reasonably likely to be offensive or unflattering to
any such person or proper, (ix) access the Services through or use with the Services any automated or
unauthorized means, services or tools including without limitation any data mining, robots, or any
other automated means or data gathering and extraction tools, including without limitation in order to
extract for re-utilization of any parts of this Services; (x) perform any act that destabilizes, interrupts
or encumbers the Services or their servers or use “load testers”, that enable sending more request
messages to the servers of the Services, in a given period of time, than a human can reasonably send in
that time period by using the Services; (xi) create false personas, multiple identities, set up an account
on behalf of someone other than yourself or create another account after We have already disabled
your account; (xii) penetrate or circumvent or attempt to penetrate or circumvent any technical
restrictions or limitations included in the Services or its servers; (xiii) falsely imply or state that you
represent a group or individual. You are solely responsible for obtaining, paying for, repairing and
maintaining all the equipment, software, hardware and services required for getting access to and
using the Services.
4. Ownership of Proprietary Rights
4.1 Your Content (as defined below) shall be owned by your Organiation.
4.2 The Services, including without limitation any underlying data, software, algorithms,
technology, design, layout, logos, tradenames, text, images, sound, music, videos, Feedback
(defined below), "look and feel" and features and any enhancements, improvements and
derivatives thereof and all Intellectual Property Rights related thereto ("JustA IPR") are the
property of JustA and/or its licensors who retain all right, title and interest in connection
therewith.
No transfer or grant of any rights by JustA is made or is to be implied by any provision of these Terms
or by any other provision contained in the Services with respect to the JustA IPR or otherwise, except
for the limited license set forth in Section 2 above.
"Intellectual Property Rights" means worldwide, whether registered or not (a) rights associated with
works of authorship, designs, mask works and photography including copyrights; (b) trademarks,
service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill
rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to
those set forth herein and any other proprietary rights relating to intangible property; (f) divisions,
continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or
hereafter filed, issued, or acquired.
5. Your Content
5.1 Your Content. You shall have sole responsibility and liability for Your Content (defined in
Section 5.3 below) and for your use of the Services. JustA shall not be liable or responsible for
Your Use or any parts thereof. If JustA believes, as determined at its sole discretion, that any
of Your Content violates the Terms or any applicable laws, or is not useful, is inaccurate,
incomplete, misleading or otherwise inappropriate, JustA may remove or edit Your Content
without notice or explanation. You hereby grant JustA a worldwide, irrevocable, royalty-free
license to use, host, store, reproduce, modify, adapt, edit and translate Your Content and to
display and provide Your Content within the Organization or to anyone authorized by the
Organization or its admin account. We may also use Your Content internally for the purpose
of maintenance and improvement of the Services.
5.2 Confidentiality. JustA shall not share Your Content with other users or your competitors and
shall protect its confidentiality, except for aggregate statistics and usage trends that do not
identify any work methods or trade secrets of your Organization.
5.3 Representations and Warranties. You represent and warrant to JustA that Your Content: (i)
complies with and will comply with all applicable laws, rules and regulations, the Terms and
will not infringe the rights of any third party, including without limitation any Intellectual
Property Rights, confidentiality and the right to privacy, (ii) does not and will not contain any
threatening, offensive, racist, hateful, violent, sexually explicit, obscene, libelous, defamatory,
false, misleading or otherwise inappropriate content, (iii) is free from any restrictions, third
party rights, payment obligations and/or royalties (including without limitation to any
collecting societies).
5.4 "Your Content" shall mean any and all text or recorded sound or videos that you submit or
upload to the Services.
6. Your Account and Feedback
You are solely responsible for any actions performed in the Services under your credentials. Keeping
your credentials safe is your sole responsibility. If you have any reasons to suspect that your
credentials were discovered by any third party or that there was an unauthorized access to your
account you will immediately notify JustA and modify your login information. The Services are
intended for use by users at least eighteen (18) years old, you hereby declare that you are eighteen (18)
years old or older and undertake to monitor your account to ensure that no minor under that age has
access to the Services.
Upon request from the Organization, we may suspend or close your account or transfer all of your
permissions on the account to another person designated by your Organization.
We appreciate hearing from our users and welcome your comments regarding the Services.
Notwithstanding anything to the contrary herein, please be advised, however, that if you send us ideas,
suggestions, inventions, or materials regarding the Services ("Feedback"), we shall: (i) own all right,
title and interest in and to the Feedback without any restriction; (ii) not be subject to any obligation of
confidentiality; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever,
without compensation or credit to you or any other person.
7. User Warranties and Representations
You represent and warrant to JustA that: (a) you have, and will have at all times, all rights, licenses
and consents required for your use of the Services, including without limitation in respect of the
provision of and license to Your Content provided to JustA herein and the authorization of your
Organization; and (b) your use of the Services shall comply with all applicable laws.
8. Privacy
JustA' privacy practices are governed by JustA' privacy policy, the most updated copy of which can be
found at: [www.justa.app/privacypolicy] ("Privacy Policy").
9. Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK. THE
SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JUSTA DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE.
JUSTA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE.
JUSTA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE JUSTA IPR OR SERVICES INCLUDING WITHOUT
LIMITATION THEIR CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY,
AVAILABILITY OR OTHERWISE. WITHOUT DEROGATING FROM THE FOREGOING, THE
INFORMATION PROVIDED THROUGH THE SERVICES MAY BE PARTIAL, OUT-DATED,
INACCURATE AND SUBJECT TO CHANGE. YOU ARE RESPONSIBLE FOR TAKING ALL
PRECAUTIONS NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY DAMAGE
OR LOSS THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE
SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED
WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
10. Limitation of Liability
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES
WHATSOEVER WILL JUSTA AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS
BE RESPONSIBLE OR LIABLE TO YOU OR TO YOUR ORGANIZATION OR TO ANY OTHER
ENTITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE
INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS
OPPORTUNITIES, BUSINESS INTERUPTION, LOSS OF INCOME, LOSS OF DATA OR OTHER
INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT DEROGATING FROM THE FOREGOING, IF DESPITE THE FOREGOING JUSTA
WILL BE FOUND LIABLE OR RESPONSIBLE BY A COMPETENT AUTHORITY, UNDER
ANY LEGAL THEORY, JUSTA' AGGREGATE LIABILITY SHALL NOT EXCEED THE
HIGHER OF: (I) THE TOTAL CONSIDERATION YOUR ORGANIZATION PAID TO JUSTA
FOR THE SERVICES DURING THE TWELVE (12) MONTHS PERIOD THAT PRECEDED THE
EVENT THAT GAVE RISE TO THE CLAIM; AND (II) 500$.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification
You agree to defend, indemnify and hold JustA and anyone on its behalf, including but not limited to,
all of its owners, managers, officers, affiliates, employees, licensors and suppliers harmless against
any losses, expenses, costs, claims, damages (including attorneys' fees, expert fees' and other costs of
litigation) and liability arising from, incurred as a result of, or in any manner related to: (i) your use of
the Services, including any third party claim in respect of Your Content; (ii) any breach of these
Terms; or (iii) any use of the Services that is not authorized by your Organization or that violates any
of your Organization’s policies.
12. Third Party Content
The Services include resources and content provided by third parties and may include links to third
party materials, services and resources, including academic articles and publications (collectively,
"Third Party Content"). JustA is not and shall not be liable or responsible for any Third Party
Content and does not control its availability. Should you use Third Party Content or leave the Services
via a link, you do so at your own risk. In as much as you are redirected to linked sites, applications and
content, we recommend you to carefully read and abide by the terms of use and privacy policies of
such applications, sites and content.
13. Notice And Takedown
In the event that you believe that any content included in the Services violates your Intellectual
Property Rights, right to privacy or is defamatory or otherwise illegal, inappropriate or offensive,
please file a detailed notice of complaint to JustA in the following link [contact@justa.app],
identifying such content and detailing the facts basis of your complaint and we will make reasonable
efforts to remove the content.
14. Termination
We may terminate your account and right to access or use the Services: (a) if you have a paid
subscription (i) in accordance with your subscription terms, or (ii) if you breached any of the Terms,
within thirty (30) days’ written notice; and (b) if you use the Services for free or failed to pay on time,
immediately, at our sole discretion, without notice. Upon termination or expiration you shall
immediately cease using the Services and the following Sections shall survive: 1,3, 4, 7-16.
We shall retain all of the Organization’s content (all of Your Content for the entire Organization) for
thirty (30) days following the expiration or termination of the Organization’s subscription to or
account on the Services in order to enable the Organization to download such content (if the
Organization fulfilled all of the payment obligations in respect of its account) and thereafter will delete
such information.
15. BINDING ARBITRATION
15.1 Applicability of Arbitration Agreement for USA Users. All claims and disputes between
users from the USA and JustA, arising out of or relating to this Agreement or the use of the
Services that cannot be resolved in small claims court will be resolved by binding arbitration
on an individual basis ("Disputes"), except that you and JustA are not required to arbitrate any
dispute for enforcement or infringement of either party's Intellectual Property Rights
("Excluded Disputes"). Any and all Disputes relating to, arising out of, or in any way in
connection with your rights of privacy and publicity are not Excluded Disputes.
15.2 Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of
this dispute-resolution provision. Arbitration will be initiated through the American
Arbitration Association ("AAA"). If the AAA is not available to arbitrate, the parties will
select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of
this arbitration, except to the extent those rules conflict with this Agreement. The AAA
Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or
by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral
arbitrator. Any Disputes where the total amount sought is less than $10,000 may be resolved
through binding non-appearance-based arbitration, at the option of the party seeking relief. For
Disputes where the total amount sought is $10,000 or more, the right to a hearing will be
determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator
may be entered in any court of competent jurisdiction.
15.3 Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected,
the arbitration will be conducted by telephone, online, written submissions, or any
combination of the three; the specific manner will be chosen by the party initiating the
arbitration. The arbitration will not involve any personal appearance by the parties or
witnesses unless the parties mutually agree otherwise.
15.4 Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and
the rights and liabilities, if any, of you and JustA. The dispute will not be consolidated with
any other matters or joined with any other cases or parties. The arbitrator will have the
authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will
have the authority to award monetary damages and to grant any non-monetary remedy or relief
available to an individual under applicable law, the arbitral forum's rules, and this Agreement.
The arbitrator will issue a written award and statement of decision describing the essential
findings and conclusions on which the award is based, including the calculation of any
damages awarded. The arbitrator has the same authority to award relief on an individual basis
that a judge in a court of law would have. The award of the arbitrator is final and binding upon
you and JustA.
15.5 Waiver of Jury Trial. YOU AND JUSTA WAIVE ANY CONSTITUTIONAL AND
STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A
JUDGE OR A JURY, OTHER THAN IN RESPECT OF EXCLUDED DISPUTES. You and
JustA are instead electing to have claims and disputes resolved by arbitration. In any litigation
between you and JustA over whether to vacate or enforce an arbitration award, YOU AND
JUSTA WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be
resolved by a judge.
15.6 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE
SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR
LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF
MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED
JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER,
MARKETING AFFILIATE OR USER. If, however, this waiver of class or consolidated
actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration;
instead all claims and disputes will be resolved in a court as set forth in Section 15.12 below.
15.7 Confidentiality. No part of the procedures will be open to the public or the media. All evidence
discovered or submitted at the hearing is confidential and may not be disclosed, except by
written agreement of the parties, pursuant to court order, or unless required by law.
Notwithstanding the foregoing, no party will be prevented from submitting to a court of law
any information needed to enforce this arbitration agreement, to enforce an arbitration award,
or to seek injunctive or equitable relief.
15.8 Right to Waive. Any rights and limitations set forth in this arbitration agreement may be
waived by the party against whom the claim is asserted. Such waiver will not waive or affect
any other portion of this arbitration agreement.
15.9 Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor JustA
can force the other to arbitrate. To opt out, you must notify JustA in writing no later than thirty
(30) days after first becoming subject to this Agreement. Your notice must include your name
and address, the email address and phone number you provided through the App when you
registered or made a purchase, and an unequivocal statement that you want to opt-out of this
arbitration agreement. You must submit a request at the following email address:
[contact@justa.app].
15.10 Small Claims Court. Notwithstanding the foregoing, either you or JustA may bring an
individual action in small claims court.
15.11 Arbitration Agreement Survival. This arbitration agreement will survive the termination of
this Agreement and your relationship with JustA.
15.12 Venue for Excluded Disputes. Excluded Disputes shall be governed by and construed
exclusively in accordance with the laws of the State of Israel, without regard to the principles
of conflict of law therein. The parties consent to the exclusive jurisdiction of the competent
courts of Tel Aviv-Jaffa, Israel in respect of Excluded Disputes and hereby submit themselves
to the exclusive jurisdiction of these courts.
15.13 U.N. Convention. The application of the United Nations Convention of Contracts for the
International Sale of Goods or other international laws is expressly excluded, whether the
claim is in arbitration or at court.
16. General
(i) Excluded Disputes and disputes with non-USA users shall be governed by and construed in
accordance with the laws of Israel, without regard to the principles of conflict of law therein. The
parties consent to the exclusive jurisdiction of the courts of Tel-Aviv in respect of Excluded Disputes
and disputes with non-USA users and the parties hereby submit themselves to the exclusive
jurisdiction of these courts. The application of the United Nations Convention of Contracts for the
International Sale of Goods or other international laws is expressly excluded, whether the claim is in
arbitration or at court; (ii) if any provision of these Terms is held to be unenforceable, such provision
shall be reformed only to the extent necessary to make it enforceable and if such provision is
determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable
from the remainder of these Terms and shall not cause the invalidity or unenforceability of the
remainder of these Terms; (iii) You acknowledge and agree that JustA has the right, at any time and
for any reason, to redesign or modify the Services and presentation of Your Content and other
elements of the Services or any part thereof; (iv) these Terms are the entire agreement between you
and JustA regarding the subject matter herein and these Terms shall not be modified except by a
written instrument executed by both parties; (v) JustA may assign these Terms, in whole or in part, in
its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights
or obligations hereunder, to any third party without the prior written consent of JustA. Any
unauthorized assignment will be void and of no force or effect; (vi) no provisions of these Terms are
intended or shall be construed to confer upon or give to any person or entity other than you and JustA
any rights, remedies or other benefits under or by reason of these Terms; (vii) JustA' failure to enforce
any rights granted hereunder or to take action against you in the event of any breach hereunder shall
not be deemed a waiver by JustA as to subsequent enforcement of rights or subsequent actions in the
event of future breaches; (viii) all waivers must be in writing. Any waiver or failure to enforce any
provision of these Terms on one occasion will not be deemed a waiver of any other provision or of
such provision on any other occasion; (ix) ANY CAUSE OF ACTION INITIATED BY YOU AND
ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION
IS PERMANENTLY BARRED AND YOU SHALL BE DEEMED TO WAIVE ANY CLAIM YOU
MAY HAVE IN ESPECT THEREOF.
If you have any further questions or require further clarification, please contact us by sending an e-
mail to: [ask@justa.app].