Terms of Use

The following instrument consists of the terms and conditions governing your ("you" or "user") access to and use of Owly Security Ltd. ("Owly" or "We") and its proprietary fraud detection and alert solution known as "Owly Security", including its website, personal area, WhatsApp services, mobile application, and the content, features and services therein (collectively, the "Services"). The Services are intended to help users identify potential telephone, message and email fraud and, where configured by the user, notify the user's selected trusted contacts. These Terms of Use, together with the Owly Security Privacy Policy available at: owlysecurity.com/en/privacy ("Terms"), constitute a binding agreement between you and Owly. By continuing to use the Services (in whole or in part) in any way or manner, you agree to abide by, and be bound by, these Terms. Where a person accepts these Terms on behalf of a user, such acceptance is subject to Section 5.11 and applicable law. If you do not understand and/or agree to these Terms, you should immediately exit the Services and cease making any use of the Services.

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: owlysecurity.com/en/terms. By continuing to use the Services following such modifications, you agree to be bound by such modifications.

Subject to the terms and conditions set forth herein, Owly shall grant you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable, revocable, limited license to access and make personal, non-commercial use of the Services, only according to the terms of these Terms. The license may be suspended or terminated by Owly at any time according to Section 13 herein.

You undertake to use the Services solely for personal non-commercial purposes. Except as specifically permitted herein, you agree not to: (i) copy, reproduce, sell, license (or sub-license), lease, loan, assign, transfer, or pledge the Services or any part thereof, or otherwise permit any third party to do any of the foregoing; (ii) modify, disassemble, decompile, reverse engineer, revise or enhance or create any derivative works or otherwise merge or utilize all or any part of the Services with or into any third party materials or components or attempt to access or discover the Services' source code; (iii) contest Owly's Intellectual Property Rights in the Owly IPR; (iv) perform any act or be responsible for any omission that is illegal or in Owly's discretion jeopardizes, destabilizes, interrupts or encumbers the Services or their server and/or has a detrimental impact on Owly and/or Owly IPR; (v) transmit or upload any spam, viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content, messages or files, except for content, messages or files submitted in good faith for analysis using the features intended for that purpose, and not for the purpose of harming or disrupting the Services; (vi) access any Services and/or their servers through or use with the Services any unauthorized means, services or tools, including, without limitation, any data mining, robots, or similar automated means or data gathering and extraction tools, including, without limitation, in order to extract for re-utilization of any parts of the Services; (vii) use the Services for any purpose other than as permitted by these Terms; (viii) utilize the Services including without limitation any related point of presence, servers and network, in any way which will result in the violation or circumvention of any applicable laws or regulations including, without limitation, those enforcing censorship, privacy and government authority restrictions; (ix) directly or indirectly conduct any penetration testing (including to user's systems, network and/or servers) through or using the Services and/or their respective connectivity or network; (x) remove or alter any of Owly's trademarks, logos, copyrights or other proprietary notices or indicia, if any, fixed or attached to the Services; or (xi) cause or permit any third party to do any of the foregoing.

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, including without limitation paying all fees and other costs related to internet access.

The Services, including without limitation any underlying data, software, platforms, algorithms, technology, application design, any information, logos, trade-names and brands, texts, files, images, sound, videos, organization, structure, specifications, Feedback (defined below) and features, and any enhancements, improvements and derivatives thereof, and all Intellectual Property Rights related thereto ("Owly IPR"), are the property of Owly and/or its licensors, who retain all right, title and interest in connection therewith. Owly IPR does not include Your Content, except for any rights granted to Owly under these Terms.

No transfer or grant of any rights by Owly 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 Owly IPR or otherwise, except for the limited license set forth in Section 2 above.

You agree that any feedback or ideas you provide to Owly regarding the Services, their use or any suggested improvements, enhancements or derivatives thereto ("Feedback") will be the exclusive property of Owly and shall be deemed as Owly IPR and confidential information. You shall not disclose or publish such Feedback or otherwise make any such information publicly available. To the extent all right, title and interest in and to all Intellectual Property Rights in the Feedback are not owned in their entirety by Owly upon creation, you hereby irrevocably assign all rights therein to Owly and waive any and all rights therein including without limitation moral rights and/or rights to receive compensation and/or royalties.

"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.

5.1 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 (collectively, together with Your Content, shall be hereby defined as "Your Use"). Owly shall not be liable or responsible for Your Use or any parts thereof and shall be entitled, under its sole discretion, to remove or edit any of Your Use at Owly's sole discretion and without notice or explanation. Owly does not provide back-up or archive services, you are solely responsible for maintaining adequate backups of Your Use. You hereby grant Owly a worldwide, irrevocable, perpetual, royalty-free license to use, host, store, display, process, reproduce and analyze, Your Content. Any use of Your Content to improve detection and the Services provided, shall be as described in the Privacy Policy and subject to any consent required by applicable law or requested by Owly. This license continues for as long as reasonably necessary for those purposes and any applicable legal obligations.

5.2 Representations and Warranties. You represent and warrant to Owly that Your Use: (i) complies with and will comply with all applicable laws, rules and regulations and these Terms; (ii) does not and will not infringe the rights of any third party, including Intellectual Property Rights and privacy rights; and (iii) does not and will not contain malicious code or content that you are not entitled to provide to Owly for processing in connection with the Services. You are responsible for ensuring that you have any rights, permissions or consents required to provide Your Content to Owly for use in connection with the Services.

5.3 "Your Content" shall mean any and all information that you provide, upload, send or make available through the Services, including messages, screenshots, voice messages and, where you connect an email account, emails made available through that connection.

5.4 Purpose and Operation of the Services. The Services are designed to assist users in identifying potential financial fraud, scams and other suspicious activities by analyzing content submitted or made available to the Services for review ("Submitted Content"). Submitted Content may include messages, screenshots, voice messages, call recordings and emails, as applicable. The Services may analyze content you submit, new emails from a connected Gmail account and, where you activate the mobile application and grant the relevant permissions, certain signals from your device. An artificial intelligence model may extract information from content, and predefined rules may determine risk levels and alerts. Alerts may be sent automatically, without human review. The availability of features may depend on your device, permissions, settings, connectivity and third-party services. You may disconnect Gmail or stop the mobile application using the available controls.

5.5 Scope of Analysis. The Services analyze only Submitted Content and any device signals made available through features you activate and permissions you grant. Except as described in these Terms, the Services do not continuously or automatically monitor your emails, calls, messages, financial accounts, transactions or other communications. The Services cannot identify or alert you to potential fraud or scams in content or activity that is not made available to them for analysis. Any assessment, classification or alert is based on the Submitted Content, applicable device signals and other information available to the Services at the time of analysis and may not reflect the full circumstances of a potential fraud or scam.

5.6 No Guarantee of Detection or Accuracy. Fraudulent schemes, methods and techniques are numerous, constantly evolving and may be difficult or impossible to identify in all circumstances. Owly does not represent or warrant that the Services will identify, detect or alert you to every actual or attempted fraud or scam, or that any assessment, classification or alert will be accurate, complete, reliable or timely. The Services may fail to identify fraudulent content or may incorrectly identify legitimate content as suspicious. The absence of an alert or the classification of Submitted Content as safe or not suspicious does not confirm that the content, its sender or any related communication or transaction is legitimate, trustworthy or free from fraud.

5.7 No Guarantee of Prevention or Recovery. The Services do not prevent, block, stop, reverse or otherwise intervene in fraudulent activities, communications or financial transactions. Even if the Services identify or alert you to a potential fraud or scam, this does not guarantee that it can be prevented, stopped, reversed or remedied, or that any resulting financial loss or other harm can be avoided, mitigated or recovered. The Services do not provide fraud investigation, transaction cancellation, fund recovery or law enforcement services.

5.8 User Responsibility and Independent Verification. You should exercise independent judgment and caution when responding to communications, sharing personal or financial information, or making financial decisions or transactions, regardless of any assessment or alert provided through the Services. You should not rely solely on the Services to determine whether any communication, person, request or transaction is legitimate or safe. If you suspect that you have been targeted by fraud or that a fraudulent transaction has occurred, you should promptly contact your bank, payment provider or other relevant authority, as appropriate.

5.9 Informational Nature of the Services. Assessments, alerts, recommendations and other information provided through the Services are for general informational purposes only and do not constitute financial, investment, legal or other professional advice. Unless expressly stated otherwise, the Services do not independently verify the identity, authority or legitimacy of any person or entity referenced in Submitted Content.

5.10 Trusted Contacts. You may select trusted contacts to receive alerts and other communications concerning your use of the Services. You are responsible for providing accurate contact details and for informing each contact that their details will be provided to Owly and that they may receive communications. You may remove a trusted contact through the platform. A trusted contact may request to stop receiving communications by contacting Owly at support@owlysecurity.com. You acknowledge that an alert may disclose information about an event to your selected contacts, and that Owly cannot control how a recipient uses or further shares information received.

5.11 Registration by a Family Member. If you register another person or assist that person in using the Services, you represent that you have informed them of the registration and are authorized to provide their details. Owly will activate the Services for that person only after they have personally accepted the applicable terms and provided any required consent, unless a person legally authorized to act on their behalf has accepted the applicable terms and provided such consent on their behalf, to the extent permitted by applicable law and within the scope of that person's authority. You must not accept these Terms or provide consent on their behalf unless you are legally authorized to do so, and only to the extent permitted by applicable law and within the scope of your authority. If you manage another person's account or personal area, you must act within the authority granted to you, respect their choices and privacy, and keep their credentials secure. The registered user may withdraw permissions or stop using the Services through the available controls or by contacting Owly.

5.12 Reports. The Services may enable you to generate a PDF report concerning an event for submission to a bank, the police or another third party. Reports may contain information supplied by you, information obtained through the Services and automatically generated analysis. A report is not a finding of fact or proof that fraud has occurred. You are responsible for reviewing the report, deciding whether to rely on or share it, and ensuring that you are entitled to disclose its contents. Owly does not guarantee that a report is complete or accurate or that a third party will accept or act upon it.

You are solely responsible for any actions performed in the Services. If another person is authorized to manage your account or personal area, such person must act within the scope of their authority, as set out in Section 5.11. If you have any reasons to suspect that there was unauthorized access to your account, you will immediately notify Owly 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.

You represent and warrant to Owly that: (a) if you accept these Terms, provide consent or manage an account or personal area on behalf of another person, you are legally authorized to do so, and will act within the scope of your authority and as permitted by applicable law; and (b) your use of the Services does not violate applicable sanctions or export restrictions.

The Services process personal information, including information you provide, content submitted for analysis, information or other data protected under applicable privacy laws ("PII"). Owly's collection, use, storage, disclosure and international transfer of personal information are described in the Owly Security Privacy Policy, available at: owlysecurity.com/en/privacy ("Privacy Policy"). You represent that you have all rights, authorizations and/or consents required by applicable law to provide information to Owly for processing in connection with the Services.

YOU AGREE THAT YOUR USE OF THE SERVICES AND/OR THE OWLY IPR SHALL BE AT YOUR OWN RISK. THE SERVICES, INCLUDING WITHOUT LIMITATION OWLY IPR, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, SECURITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. OWLY MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL DETECT OR PREVENT ANY PARTICULAR FRAUD OR SCAM, PROTECT YOU AGAINST FINANCIAL LOSS OR ACHIEVE ANY SPECIFIC OUTCOME. THE SERVICES DO NOT CONSTITUTE LEGAL, FINANCIAL, BANKING, MEDICAL OR OTHER PROFESSIONAL ADVICE AND ARE NOT A SUBSTITUTE FOR A BANK, THE POLICE OR OTHER APPROPRIATE AUTHORITIES.

OWLY DOES NOT WARRANT THAT THE OWLY IPR AND/OR SERVICES WILL BE UNINTERRUPTED, AVAILABLE, SECURE OR ERROR-FREE, OR THAT ERRORS/BUGS ARE REPRODUCIBLE OR THAT ERRORS/BUGS ARE REPAIRABLE OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THESE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

OWLY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE OWLY IPR OR SERVICES, INCLUDING WITHOUT LIMITATION THEIR CORRECTNESS, USEFULNESS, ACCURACY, RELIABILITY, AVAILABILITY OR OTHERWISE. THE SERVICES MAY FAIL TO IDENTIFY FRAUD, IDENTIFY LEGITIMATE ACTIVITY AS SUSPICIOUS, OR FAIL TO GENERATE OR DELIVER AN ALERT. ALERTS AND REPORTS MAY BE INCOMPLETE, INACCURATE OR DELAYED. THE ABSENCE OF AN ALERT DOES NOT CONFIRM THAT THE CONTENT, ITS SENDER OR ANY RELATED COMMUNICATION IS LEGITIMATE, TRUSTWORTHY OR FREE FROM FRAUD. YOU ARE RESPONSIBLE FOR VERIFYING OUTPUTS, INCLUDING ALERTS AND REPORTS, AND FOR TAKING APPROPRIATE PRECAUTIONS AND OBTAINING ASSISTANCE FROM A BANK, THE POLICE OR ANOTHER PROFESSIONAL OR AUTHORITY WHERE NECESSARY. THE SERVICES DO NOT TRANSFER MONEY OR BLOCK CALLS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL OWLY AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS (COLLECTIVELY, "AFFILIATE") BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO: THESE TERMS, YOUR USE OF THE SERVICES, OR RELIANCE ON ANY OF THE SERVICES OR OWLY IPR OR TO ANY ERRORS, INACCURACIES, FALSE ALERT, OMISSIONS, DEFECTS, SECURITY BREACHES, FAILURE OR DELAY IN DELIVERING AN ALERT, OR INACCURACY IN A REPORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OWLY'S AND SUCH PERSONS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE OWLY IPR AND/OR THE SERVICES SHALL NOT EXCEED $100 US DOLLARS.

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.

You agree to defend, indemnify and hold Owly 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) arising from, incurred as a result of, or in any manner related to: (i) any use of your account and/or Your Use; (ii) any third party claim in respect of Your Use; or (iii) any breach of these Terms.

The Services may use or include third party software, files and components that are subject to open source and third party license terms ("Third Party Components"). Your right to use such Third Party Components as part of, or in connection with, the Services is subject to any applicable acknowledgements and license terms made available with or in relation to those components. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. You hereby agree to such terms associated with the Third Party Components.

The Services may also depend on third-party services, including WhatsApp, Google and telecommunications providers. Your use of those services may be subject to their separate terms and privacy policies. Owly does not control the availability or operation of third-party services. Connecting a third-party account is optional and may require you to authorize access through the relevant provider.

We may suspend or terminate your access to the Services and/or these Terms, including the license set forth in Section 2 above, if you breach these Terms, if required by law, or if we reasonably believe that your use creates a security, privacy or other risk. We may also discontinue the Services or terminate access at our sole discretion without notice. Upon termination, you shall immediately cease using the Services and the following Sections shall survive: 1, 3-5, 7-14.

(i) These Terms 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, Israel. (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 Owly has the right, at any time and for any reason, to redesign or modify the Owly IPR and other elements or features of the Services or any part thereof; (iv) these Terms are the entire agreement between you and Owly regarding their subject matter; (v) Owly may assign these Terms, in whole or in part, in its sole discretion. You may not assign or otherwise transfer these Terms, or any of your rights or obligations hereunder. 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 Owly any rights, remedies or other benefits under or by reason of these Terms; (vii) Owly's 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 Owly 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 RESPECT THEREOF.