Terms and Conditions
Last updated: April, 2025
We offer a unique dashboard designed to assist our customers (“Customers”) in offering different partners and/or suppliers (“Partners”) flexible payment terms.
Partners are permitted to interact with our platform (the “Services”) for the purpose of allowing Partners to ask Customer to receive consideration that they may receive according to their agreement with the Customer earlier than agreed in their initial agreement, at an amended price as specified by Company in the platform.
This Agreement constitutes a binding legal agreement between you (“you” or “Partner”) and Formula Payments Ltd. (“Company”, “we”, “our” or “us”) and govern your access and use of the Services. Please read the following Partner Terms and Conditions (the "Agreement") carefully before using the Services so that you are aware of your legal rights and obligations with respect to us. You expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, this Agreement (the date of such acceptance, the "Effective Date").
If you are entering this Agreement on behalf of a company, organization, or other legal entity (collectively, "Company"), you represent and warrant that you have the authority to bind the Company to this Agreement. In such a case, the terms "you" and "your" will refer to both you as an individual and the Company. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not use the Services on behalf of the Company.
You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not access or use the Services. Modification. We reserve the right, at our discretion, to modify this Agreement at any time.
Such modification will be effective ten (10) days following posting of the revised Agreement, and your continued use of the Services thereafter means that you accept those modifications.Ability to Accept. The Services are only intended for individuals aged eighteen (18) years or older. If you are under 18 years, please do not visit or use the Services.Services. For such time as this Agreement is in effect, we hereby grant you a personal, limited, non-exclusive, non-assignable, non-sublicensable, revocable right to access and use the Services. Except for the foregoing right, we do not grant you any right or licenses to any of our or a third party's Intellectual Property Rights. Account. To use the Services, you may have to provide some data . You agree to provide data and content that you have the lawful right to provide. You will not violate any applicable laws or infringe on third party rights when providing data to the Services. You agree not to use the Services of another without their permission. You are solely responsible for the activity that occurs in your Account, and you hereby agree: (a) to keep your login details secure; and (b) not to misappropriate the identity of individuals, groups, or organizations or use a fake identity when using the Services. Restrictions. As a condition to your right to access and use the Services you shall not (and shall not permit or encourage any third party to) do any of the following: (a) copy or reproduce the Services; (b) sell, assign, lease, lend, rent, distribute, or make available the Services to any third party; (c) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects of the Services; (d) remove, alter, or conceal any copyright, trademark, or other proprietary rights notice displayed or contained on or in the Services; (e) make a derivative work of the Services, or use the Services to develop any service or product that is the same as the Services; and/or (f) use the Services in any manner that is otherwise malicious, illegal or fraudulent. You represent and warrant that your use of the Services shall comply at all times with all applicable laws and regulations (including, without limitation privacy, marketing and spam laws) and that you have obtained all required approvals, consents, permissions, licenses necessary in order to use the Services.Intellectual Property Rights. As between the parties, Company exclusively own and reserves all right, title, and interest in and to all intellectual property rights in the Services and in any derivatives, enhancements, modifications and developments thereto. Company, on behalf of itself and its licensors, does not grant you any other rights (express, implied, by estoppel, through exhaustion, or otherwise). The Services are licensed and not sold under this Agreement and any derivative works as well as any enhancements, improvements, corrections, modifications, alterations, derivatives, revisions, extensions and updates thereto, shall remain Company’s sole and exclusive property. Nothing in this Agreement shall constitute a waiver of Company’s intellectual property rights under any law or be in any way construed or interpreted as such. Company reserves all rights not expressly granted herein to the Services. Customer Interaction and Content. The Services present, or otherwise allow you to view, and/or interact with, Content from Customers. The display or communication to you of such Content does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by us of such Content or third party. We do not assume any responsibility or liability for such Content, or for the Customer’s terms of use, privacy policies, actions, omissions, or practices. In particular, you acknowledge that the applicable Customer is responsible for how it shares and provides you with the payment terms link and for understanding the settings and controls of the Services and implementing such settings and controls according to its Partners’ needs. You further acknowledge that Company is responsible for informing Customer of the payment date you have selected via the Services but that it is Customer’s sole responsibility to execute any such payment and manage any cancellations and/or changes thereto, and that Company shall have no liability for Customer’s execution of (or failure to timely execute) such payment. Privacy. We will use any personal information that we may collect or obtain in connection with the Services in accordance with our privacy policy which is available on the Services. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy. As part of the Services, you allow us to access your information to perform the Services and to share it with Customer.Data. Information and data which you provide to Company in the course of the Services (“Data”) may be used by Company for the purpose of providing the Services. You represent, warrant and covenant that: (i) you have all the necessary legal bases, consents and permits in place and will act in compliance with applicable laws so as to be able to provide the Data; and (ii) you shall only provide Data that does not violate or infringe any applicable law or any rights of any third parties. Company shall own all rights, title, and interest in and to all data generated as a result of the use of Services (excluding any personally identifiable information). Warranty Disclaimers. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. THE SERVICES ARE PROVIDED AND MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, QUALITY OF SERVICE, NON-INFRINGEMENT, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY US AND OUR LICENSORS AND SUPPLIERS. IN ADDITION, NEITHER COMPANY NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF THE SERVICES; (B) THAT YOUR USE OF, OR RELIANCE UPON, THE SERVICES WILL MEET YOUR REQUIRMENTS OR EXPECTATIONS; (C) THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (D) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY GOVERNMENT REGULATIONS OR STANDARDS. Partner acknowledges that the Services are in a “beta” state of development, specifically if provided in Hebrew, and is currently undergoing testing of its features and functionalities. As with any beta version, the Services are an early release offering and may not be fully implemented or refined, there may be unresolved issues and Company may not offer full or any technical support. Limitation of Liability. IN NO EVENT SHALL COMPANY OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT, FOR: (A) ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; (B) ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS; (C) ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR (D) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES. THE AGGREGATE LIABILITY OF COMPANY UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (B) EVEN IF COMPANY HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (C) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (D) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, OR OTHER CONTRACT OR TORT LIABILITY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or of other damages, and to the extent applicable to you, such exclusions and limitations shall not apply. Term and Termination. This Agreement commences on the Effective Date and shall continue in full force and effect until terminated in accordance herewith (the "Term"). We reserve the right to immediately terminate this Agreement, or otherwise modify, suspend or discontinue your access to and use of the Services (or any part thereof), for any reason whatsoever, at any time (including in case of a breach of this Agreement), and without notice or obligation to you, and you agree that Company shall have no liability to you or any third party for any such termination, modification, suspension, or discontinuance. Upon termination or expiration of this Agreement the right granted to you under this Agreement shall expire, and you shall discontinue any further use and access thereof.Assignment. Both parties shall not assign and/or subcontract any of its rights and obligations under this Agreement, except with the other party’s prior written consent. Notwithstanding the foregoing, either party may assign any of its rights and/or obligations hereunder at its sole discretion in the event of a merger, acquisition, sale or transfer of all or substantially all its assets.Governing Law and Place of Jurisdiction. This Agreement shall be governed by the laws of the State of Israel, without reference to its conflict of laws rules. The parties agree that exclusive jurisdiction for any dispute arising out of or relating to this Agreement lies within the courts of Tel Aviv-Jaffa.Entire Agreement. The parties have read this Agreement, and agree to be bound by its terms, and further agree that it constitutes the complete and entire agreement of the parties and supersedes all previous communications between them, oral or written, relating to the subject matter hereof. No representations or statements of any kind made by either party that are not expressly stated herein shall be binding on such party. Unless specifically noted otherwise herein, any amendments or modifications to this Agreement must be in writing and executed by an authorized representative of each party.