Terms of Use

Team Software Ltd, corp. ID 520039355 ("Company") welcomes you ("User" or "You") to its website www.teamcad.co.il (“Site”) which offers visitors products and/or services in the field of engineering and design (collectively the "Products"). 

1. Accessing and Using the Site 

1. The access, browse or use of the Site is subject to and conditioned upon the User’s agreement to the terms of use hereunder along with the Privacy Notice available here ("Terms") and the User agree to be bound by them. You undertake not to use the Site in any way that violates any applicable law.

“User” or "You" hereinafter refer to any person, including a corporation or other legal entity (if using on behalf of a legal entity), who is understand and agree to the Terms and, authorized to accesses and use the Site, provided that you possess the capacity to engage in legally binding actions. If you are a minor (under the age of 18) or lack the entitlement to perform legal actions without a guardian’s permission, you must inform your parents or other legal guardians and obtain their permission before engaging in any activity within the Site. Any activity of minors on the Site constitutes minors and their guardians consent to the Terms. 

IF A USER DISAGREE OR DOES NOT HAVE THE AUTHORITY TO ENTER INTO THE TERMS, DO NOT ACCESS OR USE THE SITE.

2. Changes. The Company reserves the right, at its sole discretion and without prior notice at any time, to amend or update the Terms, add and/or remove services or products, or content from the Site, discontinue Site operations, and/or to restrict access to the Site and/or to prevent the performance of certain actions on the Site.
3. Feedback and publication. The User have no obligation to provide Company any feedback, comments, ideas, improvements or suggestions regarding the Company, Products or any other matter (“Feedback”); however, if You provide Feedback, it is non-confidential information, and You grant the Company and its affiliates non-exclusive, perpetual, irrevocable, worldwide, sub-licensable, transferable, royalty-free right to unrestrictedly use and\or exploit such Feedback for any purpose whatsoever, without any credit including use the Feedback together with User name and/or image, in any publication (In any publication (including on the Site and/or other websites of the Company or its affiliates, social network pages operated by them, or other internet media). The Company reserves the right to disqualify and refrain from publishing any Feedback that, in its sole and absolute judgment, may adversely affect the Company's reputation, Site's operation or infringe upon legal rights or applicable laws. Company rights under this section will be preserved indefinitely. 

The User confirms their awareness that upon publishing Feedback on the Site and/or any other internet media or social networks, their Feedback will be exposed to the public, along with all implications thereof, and the User waives any claim and/or demand against the Company or its affiliates in connection therewith.

4. Usage. The Site allows users, among other things, to browse and explore various Site content, purchase license to use Products offered on the Site, create a list of favorite items, subscribe to newsletters (receiving informational, marketing, and promotional content via various media channels as chosen by the user), share some items from the Site via email and/or social networks, and provide Feedback. To clarify, the Site functions as an informational marketing tool and purchasing licenses for Products. The Company may include, without limitation, commercial content on the Site, including advertisements, banners, ads, pop-ups, digital files, links, and search results.
5. Restrictions. You agree to use the Site in a lawful and ethical manner. You agree not to: (i) reverse engineer, decompile, disassemble, or modify the Site, the Product or use them for any illegal or unauthorized purpose; (ii) violate any applicable laws or regulations or Products EULA (as defined below) or users rights; (iii) Infringe on the intellectual property rights of the Company or others; (iv) transmit any viruses or other harmful code through the Site or disrupt the operation of the Site or any other server or network; (v) provide misleading information or Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) engage in any activity that disrupts the intended operation of the Site or harms the Company or the Products; (vii) use the Site for reselling Company's Products or for commercial purposes; (viii) No copying, duplication, distribution, sale, marketing, or translation of any information from the Site (including trademarks, images, texts, and computer code) is permitted without the prior written consent of the Company.
6.  Third party components. The Site may display, use, include or make available third party components or websites or links (including textual or visual links) (collectively, "Third Party Components") that are subject to and governed by their terms of use\license and provided on "as is" basis without any warranty of Company. Any access or use of Third Party Components is at Your own choice and risk. To clarify, the Company has no liability or obligation for Third Party Components use, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. You are expressly release the Company from any liability arising from your use of any Third Party Components.

2. Purchase, Payment and Delivery 

1. A licenses to use of Products listed on the Site may be purchased by placing a purchase order via the Site ("Order"). the User will be asked to choose a password, as well as to enter basic details such as name, address, email address and/or phone number, and valid credit card number or other approved payment method. The User is solely responsible for ensuring that the information provided is accurate and complete. Providing false information through the purchase process knowingly may result in the suspension or termination of your license and legal action. A license to the Products can also be purchased by executing a written Company quotation, in a company format, which will be transmitted to the User by the Company. In the event of any discrepancy between the information outlined on the Site and that stated in the Company's executed quotation, the latter shall prevail.
2. You shall pay all applicable fees according to the Order; all fees are non-refundable and non-creditable un-creditable, unless stated otherwise hereunder. All amounts payable to Company are exclusive of all taxes, duties and assessments, all of which shall be paid by You. Without prejudice to any other rights or remedies of the Company, Any due, accrued and unpaid fees and other amounts due and payable shall accrue interest at the rate of one and one-half percent (1.5%) per month, or the highest rate allowed by law, whichever is less, until paid in full. The Company is entitled at any time to change or update the Products or sales price at its sole discretion.
3. The images displayed on the Site are for illustration purposes only. Differences may exist between the appearance and specifications of the Products and the image. In any case of inconsistency between the actual specifications and the description in the image, the actual specifications shall prevail.
4. At the time of placing the Order, the payment processing company will conduct a check of the credit card details, and upon receiving approval of the charge from the credit card companies the order will be completed ("Transaction Confirmation") and the User will receive a corresponding message confirming that the order has been approved. If the transaction is not approved, the User will receive an appropriate notification
5. Within 48 hours of the User placing the Order on the Site, an email confirmation of the Order completion will be sent. To clarify, an email notification regarding the recording of the order in the company's system does not constitute evidence of the completion of the transaction nor does it bind the company.
6. Delivery. Unless explicitly stated otherwise on the Product's sales page within 3 business days from Transaction Confirmation, the Company undertakes to deliver the purchased Products to the email address as entered on Order. The items are delivered as a digital file available for download from a link that will be sent to the user email, along with an activation code for software activation purposes.
   1. The User understands that delivery times are estimates and may change due to factors beyond the Company's control including force majeure events such as war, terrorism act, epidemics, lockdowns, natural disasters, cyber-attacks, any communication system or electricity failures, computer malfunctions, strikes and shutdowns, exceptional natural events, credit card processing failures, emergencies etc. ("Force Majeure"). Deliveries may happen earlier or later than estimated, and the Company is not responsible for delays.
   2. Product delivery times and/or services as indicated on the sales page include only days from Sunday through Thursday, excluding Friday, Saturday, and holidays in Israel. 
7. Any utilization of our Products is subject to the terms outlined in the end user license agreement ("EULA").
8. Demo version. The Company, at its discretion, may offer demo versions of its Products on the Site. These demo versions are provided solely for evaluation purposes, they may not be used for any commercial or production purposes, and may not encompass the full functionality of the Products. By accessing and using demo versions of Products, you agree to be bound by these Terms and any additional terms and conditions provided by Company. Demo versions of Products are provided "as is," without any warranties of any kind and without any liability. 

3. Cancellation of Transaction by the User

1. The User may cancel an Order made on the Site only as permitted herein and may only be entitle to refund if and as outline herein; in all other cases the User or anyone on its behalf shall not be entitled for refund, cancellation, exchange or credit. 
2. To cancel and Order, the User must notify the Company's customer service by phone at +972-3-9267957 and via email at [email protected], provided that Product activation has not yet been completed and the cancellation request was made within 14 days from the receipt of the Product. For inquiries, cancellations, refunds, etc., please contact the above-mentioned email.
3. It is clarified that Products that can be duplicated and/or copied and/or recorded and/or whose original packaging has been opened by the User or on its behalf (or when their original packaging is suspiciously torn) or Products that have been installed and activated will not be eligible for refund, cancellation, exchange or credit.
4. If you are entitle to cancel the order and your request was approved by the Company you will be get refund by crediting the credit card used for the transaction within 14 days of receiving the request for cancellation and you will be charged a 3% cancellation fee, all subject to and in accordance with the credit company's billing.
5. If the User suspects that the product is defective, they should contact the company's customer service department via Company contact details listed above.

4. Cancellation of Transaction by the Company

1. The Company reserves the right to cancel a purchase transaction made by the User, including, but not limited to, in any of the following cases: (i) If there was an error in displaying the Product on the Site and/or in delivering the Product to the User, whether in the product price or in the product description and specifications; (ii) If it is discovered that there was a communication failure and/or any other technical issue that affected the product price or description; (iii) In the event of prevention and/or delay due to Force Majeure, and any other reason beyond the control of the Company; (iv) If the Company, at its discretion, suspects that the purchase is made for wholesale purposes or for resale; (v) If, in the sole discretion of the Company, there is a concern that the consideration for the transaction will not be paid; (vi) In any case where an action is taken contrary to these Terms of Use. 
2. If a transaction is canceled for any reason, the Company shall not be liable and shall not bear responsibility for any damage of any kind, including any direct, indirect, consequential, or special damages incurred by the User or any third party.

5.  Disclaimer

1. The warranty for Company's Products is in accordance with Company's EULA. Company hereby disclaims any responsibility or warranties for indirect, consequential, or incidental damages resulting from the User's reliance on or use or non-use of Product.
2. The Site and its content are provided to Users AS IS - as they are - and the Company makes no representations or warranties regarding their accuracy, completeness, or suitability for the User's needs or purposes, uninterrupted, error-free, or immune from damages, disruptions, malfunctions, or failure, unless specifically stated otherwise under Company EULA. It is the User's responsibility to conduct independent evaluations and seek appropriate professional advice before making any purchases on the Site and/or using the Product. The Company hereby disclaims any responsibility or warranties for the accuracy or completeness of data regarding all Third-Party Components or software or products, that provided as is. 
3. Under no circumstances shall the Company be held liable for any actions taken by the User or on their behalf, whether directly or indirectly, in relation to the Site, or for their reliance on Site offerings or information or Third-Party Components. 
4. Any professional information published on the Site or any advice provided on the Site by professionals in various fields (or those claiming to be professionals) is clarified as not being endorsed by the Company, not constituting a qualified recommendation or opinion, and not replacing the need for consultation with a professional as necessary. Users are advised to exercise caution regarding such advertisements. All promotional information or any promotional material presented on the Site is the sole responsibility of the advertiser, even if it has been authorized by the Company for publication on the Site. The Company is not responsible for the content or reliability of any promotional material appearing on the Site.

6. Limited Liability

1. Notwithstanding the above, it shall be determined by competent legal appraisal in a final judgment that the Company bears any liability towards the user regarding the products and/or content and/or services offered on the website; the Company's liability, including for any damage caused to the user due to the use or non-use thereof, shall be limited to the amount paid by the user for the product and/or service for which it is determined that the Company's liability applies.
2. TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL COMPANY, ITS AFFILIATES AND THEIR PERSONNEL OR DIRECTORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR LOST PROFITS, INTERRUPTION OF BUSINESS, LOSS OF PROFITS OR TECHNOLOGY OR LOST DATA, HOWEVER CAUSED AND WHETHER ARISING UNDER THEORIES OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY OF LIABILITY, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
3. TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL COMPANY'S AGGREGATE LIABILITY (EVEN IN CASE OF SEVERAL RELATED OR UNRELATED EVENTS) ARISING OUT OF OR IN CONNECTION WITH THIS SITE EXCEED THE TOTAL CONSIDERATION ACTUALLY PAID TO COMPANY BY YOU FOR THE USE OR NON-USE OF THE SITE BUT IN NO EVENT MORE THAN ONE (1) USD. TO CLARFIY ALL COMPANY LIABLITY FOR PRUACHE ORDER IS SET UNDER EULA. 

7. Intellectual Property 

1. All intellectual property rights in all content, code and design on the Site or related to its operation, including marks, trademarks, patents, copyrights, models, methods, and trade secrets, belong solely to the Company, but except for certain trademarks, logos, service marks and trade names appearing on the Site belong to their respective owners. 
2. No commercial use may be made of the information displayed on the Site or on behalf of the Company without the Company's prior written consent. Data may not be used for the purpose of displaying it in digital or other media without obtaining the Company's prior written consent and subject to the terms of that consent (if and to the extent given). It is prohibited to collect data from the site using software and/or to distribute such data commercially or in a commercial framework.
3. The Site may not be displayed within a frame, folder, or hidden, and links to pages within it ("deep links") may not be created, except to the homepage. The Site may not be displayed with a different design or graphic interface than that designed by the Company, except with the Company's prior written consent.

8. GENERAL

1. If any provision of this Terms is declared by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be enforced to the maximum extent possible and the remaining provisions of this Terms shall continue in full force and effect to the maximum extent permissible without being impaired or invalidated in any way.
2. The headings used in this Terms are for convenience only and shall not be considered part of the Agreement.
3. The law governing this Terms and any agreement between the user and the Company, its interpretation, validity, enforcement, and any actions or disputes arising from it, is solely that of the State of Israel. Any disputes between the parties concerning such Terms and agreements, including its performance, validity, interpretation, or enforceability, will be resolved exclusively by the competent court in the Tel Aviv-Jaffa district. The parties hereby voluntarily submit themselves to the exclusive jurisdiction of this court.