Terms of Service

Terms of Use, Equipment Purchase, and Software as a Service (SaaS) License Agreement – Remote Ignition System

Welcome to the [Application/Company Name] system (hereinafter referred to as the "System" and the "Company", respectively). This Agreement governs the legal relationship between the Company and the purchasing customer and/or the user of the System (hereinafter referred to as the "Customer" or the "User"). Any use, installation, activation, or registration of the System, or the purchase of its accompanying equipment, constitutes an unconditional, absolute, and irrevocable acceptance of all the terms and conditions detailed in this Agreement. If you do not agree to any of these terms, you are required to immediately cease all use of the System and refrain from making any purchases.

1. Nature of the System, Essence of the Service, and Technological Limitations

• 1.1. The System consists of a dedicated mobile application (hereinafter: the "Application") and a hardware end-component, which includes an electronic igniter and/or a control system physically installed on the cooking gas infrastructure, as may exist in the future (hereinafter: the "Equipment" or the "End-Component"). The System is designed to enable remote activation of the ignition by an authorized user (hereinafter: the "Supervisor").

• 1.2. The User declares and understands that the operation of the System and the Application depends entirely on external third parties beyond the Company's control, including but not limited to: cellular communication networks, internet availability, the proper functioning and upgrades of the end-devices' operating systems (Android/iOS), proper on-site power supply, and reception and transmission quality. The Company does not guarantee uninterrupted service or smooth operation free of disconnections and malfunctions.

2. Intellectual Property and Limited License

• 2.1. All intellectual property rights in the System, the Application, the hardware, the End-Components, and any patent (whether registered or unregistered), design, trade secret, trademark, copyright, source code, design, interface, working methods, algorithms, ideas, or inventions underlying the System (hereinafter collectively: the "Intellectual Property"), belong exclusively to the Company.

• 2.2. The purchase of the Equipment or downloading of the Application grants the Customer a limited, personal, revocable, non-exclusive, and non-transferable license (the "License") to use the System solely for its intended purpose within the Customer's business, subject to full compliance with all obligations and timely payment of subscription fees to the Company.

• 2.3. The Customer absolutely undertakes that it shall not perform, nor allow any third party to perform: (a) reverse engineering, disassembly, or any attempt to reconstruct the source code or the operational mechanism of the Application and/or the Equipment; (b) copying, modifying, or creating derivative works from the System; (c) bypassing any defense or security mechanisms of the System; (d) utilizing the System for the purpose of developing a competing product.

3. Equipment Purchase, Installation, and Limited Hardware Warranty

• 3.1. Ownership of the physical equipment (the End-Components) shall transfer to the Customer only upon full and final payment of the Equipment cost as stipulated in the purchase order, if any.

• 3.2. To the extent that any equipment installation takes place, such installation shall be performed solely by a certified gas technician holding a valid license under applicable law, and in accordance with the Company's guidelines. The Company bears no liability for any damage, failure, or leak resulting from negligent or faulty installation not performed directly by an authorized and certified representative on its behalf.

• 3.3. The Company provides a limited hardware warranty for the End-Component for a period of [Select Period: e.g., 12 months] from the date of delivery (hereinafter: the "Hardware Warranty Period"). This warranty covers solely defects in manufacturing and materials under normal conditions of use.

• 3.4. The Hardware Warranty shall not apply in cases of: reasonable wear and tear, water damage, moisture, or extreme heat exceeding the manufacturer's specifications, physical vandalism, negligence, use contrary to instructions, electrical voltage fluctuations, or any attempt to repair or modify the Equipment by an entity not approved in writing by the Company.

• 3.5. The Customer's sole and exclusive remedy under this hardware warranty shall be the repair or replacement of the defective component, at the Company's sole discretion, and the Customer shall have no cause of action for monetary compensation due to System downtime during the repair period.

4. Subscription Fees, Payments, and Service Suspension

• 4.1. The use of the Application and the Company's servers is subject to the payment of periodic subscription fees (monthly or annually) in advance, in accordance with the Company's price list as updated from time to time or as agreed upon in the purchase order form (hereinafter: the "Subscription Fees").

• 4.2. The Customer hereby authorizes the Company to automatically and recurrently charge the payment method provided by the Customer for the Subscription Fees.

• 4.3. All payments made to the Company are final and non-refundable, including in cases of non-use of the System, cessation of business operations, or disqualification of the System by any Kosher certification authority.

• 4.4. Service Suspension for Delinquent Payment: Without prejudice to any other remedy available to the Company under applicable law, in the event of a delay exceeding [7 / 14] days in the payment of the Subscription Fees or any part thereof, the Company shall be entitled, at its sole discretion and without the need for further notice, to immediately block the access of the Customer and the Supervisor to the Application and to deactivate the remote ignition capability.

• 4.5. The Customer declares that it understands that blocking the Application due to non-payment will prevent the ability to ignite the gas remotely, and the Customer absolutely waives any claim, demand, or lawsuit for damages, kitchen downtime, or losses incurred by it or any third parties as a result of this justified suspension.

5. Exclusivity of Halachic Responsibility and Compliance with Kosher Standards

• 5.1. Halachic Clarification: The Company provides a technological platform and an assistive tool only. The Company, its directors, employees, or anyone acting on its behalf do not constitute a Halachic authority, are not Halachic arbiters (Posek), and do not grant any Kosher certification or Halachic approval of any kind to the kitchen, the business, or the products resulting from the use of the System.

• 5.2. It is the sole, full, and absolute responsibility of the Customer and/or its authorized Supervisor to inspect, verify, and obtain written approval from the rabbis of the competent Kosher certification body supervising the site (the local Rabbinate, Badatz, etc.), confirming that the operation of the Application and the specific System complies with the Halachic requirements applicable at that location, and that they are sufficient to prevent concerns of "Bishul Akum" (cooking by non-Jews) or any other Kosher disqualification.

• 5.3. The Customer finalizes an absolute and irrevocable waiver of any claim, demand, or lawsuit against the Company in the event that any Kosher authority refuses to recognize the System, disqualifies the food products or raw materials, or removes/suspends the Kosher supervision from the business as a result of using the System or due to any technical malfunction therein.

6. Method of Use and Physical Safety (Bodily Injury and Property Damage)

• 6.1. The System controls and operates live gas and fire components. Improper, negligent, unsupervised, or defective use of the System may lead to life-threatening situations, fire, explosion, gas leaks, and other catastrophic damages.

• 6.2. The Supervisor and the Customer undertake that at all times, prior to any press of the activation and ignition button in the Application, they will establish direct visual contact via video and/or verify beyond any reasonable doubt with the person physically located near the gas component (via a visual phone call and/or a phone call alongside the aforementioned verification), that the burner vicinity is clear of flammable materials, that there is no open gas leak, and that activating the electronic igniter is completely safe at that exact moment.

• 6.3. The Company shall bear no liability for any bodily injury, death, injury, illness, or property damage (including damage to the structure, kitchen equipment, piping, or gas systems) caused as a result of the remote operation of the System, whether the activation was executed properly or whether a technical malfunction or bug occurred in the Application or the hardware.

7. Exclusion of Indirect and Consequential Damages (Exclusion of Liability for Food and Business Operations)

• 7.1. In no event and under no circumstances shall the Company, its directors, shareholders, employees, or suppliers be liable for any indirect, incidental, consequential, special, or punitive damages arising out of the use of or inability to use the System or the Equipment.

• 7.2. Without prejudice to the generality of the foregoing, the Company shall bear no liability whatsoever for:

  • The disqualification of food products, raw materials, cooked dishes, portions, or merchandise (whether disqualified or rendered non-Kosher due to "Bishul Akum" or due to physical spoilage/fire/under-cooking).

  • Loss of profits, loss of revenue, harm to business reputation, kitchen downtime, cancellation of events, loss of data, or compensation that the Customer is required to pay to third parties (such as diners, its end-customers, or suppliers).

• 7.3. The User declares that it is aware that the cost of purchasing the Equipment and the Subscription Fees reflect the allocation of risks detailed in this Agreement, and that but for this comprehensive limitation of liability, the Company would not have been able to provide the service at the offered price.

8. Maximum Limitation of Liability

• 8.1. Without prejudice to any other provision of this Agreement, and for any reason whatsoever, should a competent judicial authority determine ab initio that the Company owes any compensation to the Customer, the maximum, comprehensive, and aggregate liability of the Company for any damage, loss, or cause of action (whether contractual, tortious, unjust enrichment, or otherwise) shall in no event exceed the final amount actually paid by the Customer to the Company for the monthly Subscription Fees during the three (3) months immediately preceding the date of the damaging event.

9. Insurance Obligation

• 9.1. The Customer undertakes to maintain and supplement at its sole expense, throughout the entire period of using the System, comprehensive and appropriate insurance policies with a licensed and stable insurance company, including: Employers' Liability Insurance, Third-Party (LPT) Liability Insurance including explicit and extended coverage for fire and gas explosion damages in a commercial/industrial kitchen, and Product Liability/Professional Indemnity Insurance to the extent relevant to its business activities.

• 9.2. The Customer shall ensure that its insurance policies include an explicit waiver of subrogation rights against the Company, its directors, shareholders, and employees.

10. Indemnification

• 10.1. The Customer undertakes to indemnify and hold harmless the Company, its directors, employees, or anyone acting on its behalf, immediately upon first demand, against any damage, loss, deficiency, expense (including actual reasonable attorneys' fees and legal costs), or liability incurred by them as a result of a claim or demand by any third party (including Kosher supervisors, Rabbinates, diners, event customers, or law enforcement authorities) arising from unlawful use, negligent use, violation of safety instructions, or a breach of these Terms of Use by the Customer, its employees, or anyone on its behalf.

11. Governing Law and Exclusive Jurisdiction

• 11.1. Governing Law: This Agreement, its interpretation, enforcement, and any dispute arising from or related to it, the System, the Application, or the Equipment, shall be governed solely by the laws of the State of Israel, without giving effect to conflict of laws principles, and expressly excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

• 11.2. Exclusive Jurisdiction: Any claim, demand, or legal proceeding arising out of this Agreement or the System shall be submitted solely to the competent court in the Tel Aviv District, Israel. The Customer hereby irrevocably consents to the personal and exclusive jurisdiction of these courts and waives any claim regarding improper venue or inconvenient forum (Forum Non Conveniens).

• 11.3. Exclusive Option for the Company: Notwithstanding the foregoing, the Customer agrees and confirms that the Company shall retain its unilateral right, at its full and absolute discretion, to initiate legal proceedings against the Customer in any other competent court worldwide (including at the Customer's domicile, place of business, or the location where the Equipment is physically installed), particularly for the purpose of obtaining temporary remedies/injunctions, protecting Intellectual Property rights, or enforcing payment obligations and Subscription Fees.