Terms of service

This English version is provided for convenience. The Hebrew version is the binding version, and it prevails in any difference between them.

The parties and the agreement

These terms are an agreement between Dosiz Consumerism and Entrepreneurship Ltd (דוסיז צרכנות ויזמות בע״מ), company no. 516335015, of 14 Pnei Meirim St, Beitar Illit 9056214, Israel (the "Company", "we"), and the business that signed up for the WingUp Business service (the "Customer", "you").

The agreement includes these terms, the Privacy Policy, the plan price list on the website and the Data Processing Addendum at the end of this page. The Hebrew version is the binding version. The Hebrew text of these terms is written in the plural form and addresses all genders.

When you sign up, complete a step of the sign-up or use the service, you agree to these terms. A person who signs up on behalf of a business declares that they are 18 or older and authorized to bind the business.

The service

WingUp Business is an AI-based operating system for businesses. It includes:

• an AI agent that answers calls to the business's phone number and in the website button, answers questions from the information that the business set, and performs actions in the systems that the business connected (for example, booking an appointment in the calendar or checking an order);
• transfer of calls to people in the business and sending of urgent messages, according to rules that the business sets;
• a summary of every call by WhatsApp, SMS or email;
• an app for the business owner with calls, recordings, transcripts, requests, appointments, contacts and an activity log.

We develop the service all the time. We may change, add or remove features, provided that we do not materially reduce the service in your plan without advance notice. Features marked "coming soon" or "demo" are not part of our commitment until they are available in your account.

What the agent can and cannot do

• The agent is software. She may make mistakes, misunderstand the caller, or fail to perform an action. You can see every call and every action in the app, and you can cancel some of the actions.
• The agent answers from the information that you set. You are responsible for this information being correct and up to date: hours, prices, promotions, policies and transfer rules.
• The agent does not give medical, legal, financial or other professional advice, and does not replace a professional.
• The service is not intended for emergencies. It does not replace emergency services and does not receive emergency calls on behalf of authorities. In an emergency, the agent refers the caller to emergency services.
• At the start of every call, the agent says that she is artificial intelligence and that the call is recorded. You must not remove or bypass this notice.

Sign-up and account

• The details that you give at sign-up must be correct and complete.
• You are responsible for every action in the account and for the users that you added to it. Keep secure access to the email and the Google account that you use to log in.
• If you suspect unauthorized use, notify us immediately.

Plans, prices and payment

• Prices are according to the price list on the website at the time you choose a plan, in shekels, and do not include VAT. VAT at the legal rate will be added to every charge.
• Billing is monthly and in advance, by credit card or by standing order through the payment processor. An invoice is sent with every charge.
• There is no free trial period. The setup and the test calls before payment are free, up to 15 minutes of testing. You pay when you choose a plan and go live.
• Minutes: each plan includes a number of call minutes per month. Unused minutes do not carry over to the next month. Each additional minute beyond the plan is charged according to the price list.
• Not charged: calls of less than 15 seconds, calls classified as spam, test calls and the setup call. In the app, you can see for each call whether it was charged.
• Full setup by our team (an additional service, at your choice): according to the price list, as a one-time payment.
• Changing plans is possible every month. The change applies from the next charge, without proration.
• Price changes: we will give at least 30 days' advance notice. If you do not agree, you can cancel before the change takes effect.
• Payment not received: we will notify you. After 3 days without payment, the agent stops answering, and calls are transferred to the phone that you set or to voicemail. After 14 days without payment, we may end the subscription and suspend the account.

Cancellation and termination

• You can cancel at any time, by notice to support@wingup.ai or in the way that we offer in the app. The cancellation takes effect at the end of the paid billing period, and the service continues to operate until then. There is no minimum term commitment.
• We may terminate the engagement with 30 days' advance notice. We may suspend or terminate immediately if there is a fundamental breach of these terms, prohibited use, a real concern of fraud or of harm to others, or an obligation under law. If we terminate without a breach on your part, we will refund the proportional part of any payment made in advance.
• After termination: you can ask for a copy of the call records and the contacts within 30 days. After 30 days, we will delete the information, as described in the Privacy Policy, except for what the law requires us to keep.

Phone numbers and call forwarding

• You can get a new number from us, or forward calls from your existing number.
• A number that you received from us belongs to the Company and is allocated to you for the subscription period. At the end of the subscription, it returns to us, and after a waiting period it may be allocated to someone else. If it is important to you to keep the number for the long term, prefer to forward calls from your own number.
• Forwarding calls from your own number is done with your telephony provider. Payments to your provider are your responsibility. We give the instructions and the codes for forwarding.
• Backup: if the service is not available, calls are transferred to the backup phone that you set, to the extent technically possible.

Your obligations toward callers and the law

You, as the business, are the database owner (בעל מאגר) of the information about your callers and customers. Therefore:

• Use the service only in accordance with the law, in particular the Protection of Privacy Law, 5741-1981, the Consumer Protection Law and the Communications Law (Telecommunications and Broadcasting), 5742-1982.
• Do not remove or bypass the notice about AI and about recording. If there is a special requirement in your field (for example, medicine), make sure that you comply with it.
• Marketing messages (advertising) to callers, by SMS, WhatsApp or email, are allowed only if you received their prior written consent, as required by section 30A of the Communications Law. The service sends callers service messages, such as an appointment confirmation, and not advertising messages.
• Set up the agent so that she does not ask for information that you do not need. Do not set her up to ask for credit card numbers, passwords or ID numbers.
• Make sure that you have the right to connect the systems that you connect (calendar, store) and to use the information in them.

Prohibited uses

You must not use the service to:

• make calls or send spam messages, advertising without consent, or misleading messages;
• impersonate a person, a business or an authority, or hide from the caller that the caller is speaking with artificial intelligence;
• collect information unlawfully, harass, threaten or discriminate;
• operate in a field that is prohibited by law, or provide a service that requires a license without a license;
• harm the service, bypass limits, reverse engineer, or access the information of other customers;
• put an abnormal load on the service or perform security tests without written approval.

Information, privacy and security

• We process information according to the Privacy Policy and the Data Processing Addendum.
• Your content (business details, files, instructions for the agent, calls and records) belongs to you. You give us permission to use it only to provide and improve the service for you, to secure it and to comply with the law.
• We do not use your callers' information to train artificial intelligence models.
• Aggregated and anonymous statistical information, which does not identify you or the callers, may be used by us to improve the service.

Intellectual property

The service, the software, the templates, the WingUp brand and our content belong to the Company or to its licensors. We give you a personal, non-exclusive and non-transferable license to use them for the subscription period. We may use suggestions for improvement that you send us without payment.

Third-party systems

Connections to Google, Shopify, WooCommerce, WhatsApp and other systems are also subject to the terms of those systems. We are not responsible for their availability, for changes they make or for faults on their side, but we will make a reasonable effort to continue to support the connection.

Availability and support

• We make a reasonable effort for the service to operate 24/7, but we do not commit to full and continuous availability. The service also depends on telephony networks, cloud providers and artificial intelligence providers.
• We will do maintenance work in quiet hours as far as possible.
• Support: support@wingup.ai, on working days.

Liability

• The service is provided as is (AS IS), and according to the description in these terms and in the price list.
• We are not liable for indirect or consequential damage, such as loss of profit, loss of customers or loss of opportunity, caused by use of the service or by inability to use it, including by an incorrect answer of the agent or by an action that was not performed.
• Our total liability to you in any matter related to the service is limited to the amount that you paid us in the 3 months before the event.
• These limitations do not apply to damage caused by our malice or gross negligence, or to obligations that the law does not allow to be limited.
• You will indemnify us for any expense or damage caused to us because of your breach of these terms or of the law toward your callers and customers, provided that we notify you of any claim promptly and allow you to defend yourself.

Changes to the terms

We may update these terms. We will notify you of a material change by email or in the app at least 30 days before it takes effect. If you do not agree to the change, you can cancel before it applies, at no cost. A change that the law requires can take effect earlier.

Governing law and jurisdiction

Only the laws of the State of Israel apply to this agreement. Any dispute will be heard in the competent courts in Israel. Before going to court, we will be glad to try to resolve any disagreement in a direct conversation.

General

• Notices to you will be sent to the email in the account or shown in the app. Notices to us: support@wingup.ai.
• If a specific clause is not valid, the other clauses will continue to apply.
• A waiver or silence in one case is not a waiver of a right.
• You may not assign this agreement to another party without our consent. We may assign it to an affiliated company or to a buyer of the business activity, provided that your rights are not harmed.

Data Processing Addendum

This addendum applies to the personal information of your callers and customers, for which you are the database owner and we are the holder (מחזיק), as these terms are defined in the Protection of Privacy Law and in the Data Security Regulations. It is in addition to the terms, and in any conflict on a matter of data processing, it prevails.

1. Purpose and processing under instructions. We will process the information only to provide the service to you, according to your settings and instructions, and for no other purpose, unless the law requires it.
2. Types of information and data subjects. Callers, visitors who use the website button and customers from the systems that you connected: phone, name, contact details, recordings, transcripts, summaries, appointments and orders, and information that callers give, which may include especially sensitive information (מידע בעל רגישות מיוחדת).
3. Confidentiality. Only employees and service providers who need access for their role access the information. All of them are bound by confidentiality, and every access by an employee is logged.
4. Security. We will take security measures according to the Data Security Regulations and according to the level of sensitivity of the information, as described in the Privacy Policy.
5. Subprocessors. You approve the subprocessors listed in the Privacy Policy. We will bind each subprocessor to appropriate confidentiality and security obligations. We will give advance notice of the addition of a material subprocessor, and you can object on reasonable grounds and cancel.
6. Transfer abroad. It will be done according to the Protection of Privacy Regulations (Transfer of Data to Databases Abroad), 5761-2001.
7. Requests from data subjects. We will help you answer requests for access, correction and deletion. The app allows you to delete a call and a contact, and we will pass to you any request that comes to us directly.
8. Security incident. We will notify you without delay of a security incident that affected your information, with the details known to us, and we will cooperate in the report to the Privacy Protection Authority.
9. Audit. On reasonable request, and at most once a year, we will give you information about the security measures, so that you can verify that we comply with this addendum, as required by regulation 15 of the Data Security Regulations.
10. Termination. At the end of the engagement, we will return the information to you on request, and we will delete it as described in the "Cancellation and termination" section and in the Privacy Policy.