We may update these Terms at any time. If we make any changes that we deem material (in our reasonable discretion), we will notify you in the notification methods set forth in the “Notices” Section below prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our Terms. Your use of the Platform following any amendment of these Terms will signify your assent to and acceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of the Platform.
“Account” means an electronic account in your name in order to provide access and to use the Platform.
“App” means the WeShik mobile application available at Apple App Store ®, Google Play or other mobile or web application platforms or storefronts that allows access to certain services provided by us for the holders of Accounts.
“User” means any holder of an Account, including you.
2. THE WESHIK PLATFORM
Our Platform enables you to take fashion, looks and lifestyle decisions by an immediate social decision-making Platform. Any time you come across a fashion, looks or lifestyle dilemma (“Dilemma”) you simply post photos accompanied with text demonstrating the dilemma, and receive the positive or negative feedback of your network of followers, whether by text or audio, during the time period that you have set for such Dilemma (“Timer”). Once posted, the initial Dilemma may not be edited (other than editing its title or re-setting the Timer).
When other Users post a Dilemma, you may influence their decision by reacting to their Dilemma and letting them know your thoughts. All comments and reactions will be part of the thread of the initial Dilemma.
You can find out more information about the Platform and its features here: www.weshik.com.
We may prohibit and prevent any User from initiating or participating in a Dilemma, whether such User has failed to comply with these Terms, is suspected of manipulations including taking advantage of bugs in the Platform, or for any other reason in our sole discretion.
3. YOUR ACCOUNT WITH US
In order to sign up to the App, you must create an Account with us.
WeShik reserves the right to deny your access to the Platform immediately and with or without cause, including without limitation if we believe that you are in breach of these Terms for any reason whatsoever.
Creating an Account
d. We, in our sole discretion, have the right to terminate or suspend your access to the Platform immediately and with or without cause.
e. You acknowledge and accept that you are solely responsible for the security of your Account. To the maximum extent permitted by law, we will not be liable or accountable, nor shall we be deemed to have any liability or accountability, for any loss or damage regarding your failure to keep your Account information secret and protected.
f. Furthermore, we have no control over your actions or transactions made using the Platform. With that in mind, we will have no liability to you or to any third-party for any claims or damages that may arise as a result of any actions or transactions that you engage in while using the Platform.
g. The following rules govern the security of your Account:
(i) You shall not let anyone else access your Account or do anything else that might jeopardize the security of your Account.
(ii) You will not buy, sell or rent access to any account.
(iii) In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or an unauthorized access to your Account, you must immediately notify us on such breach by sending an e-mail to firstname.lastname@example.org.
(iv) You are solely responsible for maintaining the confidentiality of your Account Information, and you will be responsible for all uses of your Account, whether or not authorized or made by you.
(v) You undertake to monitor your Account and restrict use by any individual barred from accepting these Terms and/or using the Platform, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Platform by any of the above mentioned.
(vi) You will be liable for any use made of your Account and for our or others' losses due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your Account.
4. YOUR USE OF THE PLATFORM
a. License to You
Subject to these Terms and our policies (including policies made available to you within the Platform), we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install access and use a copy of our App on a mobile device that you own or control, solely for your own personal purposes.
You acknowledge that your use of the Platform grants you no rights in or to the Platform or any of our intellectual property rights (including copyright, trademarks and patents) other than the rights relating to the Platform expressly granted to you under these Terms.
b. Content and Marks
WeShik or anyone on its behalf or associated with it is granted unlimited and transferable authority (for as long as a User’s Account exists), and without the need to pay royalties, to transfer, maintain, display, copy and use the Account information, information that the User creates, sends and shares, including without limitation the User’s location, hardware access, name, gender, email, photo, date of birth and social networking list, for internal needs, such as matching advertisements, etc..
WeShik or anyone acting on its behalf or associated with it is granted unlimited and transferable authority for the period of the account, without the need to pay royalties, transfer, maintain, display, copy and use any statistical information of any kind collected in connection with the Account for any purpose, in a manner which will not personally identify a User.
The content on the Platform, including without limitation, text, descriptions, products, software, graphics, all page headers, button icons, scripts, photos, videos, interactive features, services, and any other content on the Platform ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us.
Content in the Platform is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Platform. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Platform.
“WeShik”, the WeShik logo, and other Marks are trademarks of WeShik or our affiliates’ Marks. All other trademarks, service marks, and logos used on our Platform are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these Terms.
c. Your Content
(i) You understand that you are solely responsible for Your Content (as such term is defined below). You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
(ii) By posting Your Content, you grant WeShik a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, publish, translate, distribute, store, license, sub-license, and prepare derivative works of Your Content to operate the Platform and to promote WeShik, in any formats and through any channels, including across the Platform or a third-party website or advertising medium.
(iii) WeShik has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Platform. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice, and will notify you if that occurs.
(iv) There are certain types of content we do not permit on our Platform (for legal reasons or otherwise). You agree that you will not post, upload, send or otherwise transmit any content that is abusive, threatening, defamatory, obscene, vulgar, contains hate speech, nudity or is racially, ethnically or otherwise objectionable or offensive in any way or in violation of any other part of the Terms. You also may not post any content that constitutes a breach of any person's privacy or publicity rights, is false or misleading or uses the Platform in a manner that is fraudulent or deceptive.
(v) We have the right – but not the obligation - to monitor, censor, edit, modify, delete, and/or remove any and all content posted on the Platform (including Your Content) at any time and for any reason. Without limiting the foregoing, we have the right – but not the obligation - to delete any content that we believe, in our sole discretion, does or may violate these Terms, our policies or any law.
(vi) When we remove content from the Platform, it may continue to be stored by us, but may not be retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of Your Content.
(vii) You agree that all information you provide the Platform by means of electronic communications, including but not limited to data entry, will not be an alias, fraudulent or incorrect, and that you have the right to disclose any information that you disclose to WeShik. You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Platform.
(viii) We encourage you to let us know your feedback, suggestions and ideas with respect to our Platform and the services we provide. This can help us improve your experience and our Platform. Any unsolicited ideas or other materials you submit to us (not including Your Content) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Failure to comply with the rules above constitutes a serious breach of these Terms, and may result in our taking all or any of the following actions (with or without notice):
(i) immediate, temporary or permanent withdrawal of your right to use our Platform;
(ii) immediate, temporary or permanent removal of any of Your Content;
(iii) issuing of a warning to you;
(iv) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(v) disclosure of such information to law enforcement authorities as we reasonably feel is necessary;
(vi) We may investigate any suspected breach of the Terms. During such investigation we may temporarily withdraw your right to use our Platform or remove Your Content without notice to you.
The responses described herein are not exhaustive and we may take any other action we reasonably deem appropriate.
d. Unauthorized use
You will and you agree to:
(i) comply with all applicable laws in connection with your use of the Platform. This includes any privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
(iii) provide accurate information to us and update it as necessary; and
(iv) act honestly and in good faith; and
(v) adhere to generally accepted rules of etiquette and standards of behavior when using the Platform and communicating with others.
You agree NOT to:
(i) Defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or engage in any other predatory, abusive or objectionable behavior, or incite others to commit violent acts, through or in connection with the Platform, including creating or displaying content that includes any of the foregoing.
(ii) use or attempt to use another's Account or create a false identity;
(iii) create more than one user account per person or, if your account has been blocked, to create an alternate account without receiving our prior written consent.
(iv) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Platform (excluding any pictures, videos, audio, comments and other text, or other files that you upload onto the Platform, other than unsolicited feedback, suggestions and ideas you provide to us (together "Your Content")) except as permitted in these Terms, or as expressly authorized by us;
(v) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to enable the Platform, or any part thereof;
(vi) utilize or copy information, content or any data you view on or obtain from the Platform to provide any service that is competitive, in our sole discretion, with the Platform;
(vii) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform (whether ours or our licensors');
(viii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Platform (except if the owner of such information has expressly permitted the same);
(ix) share other users' or third party's information without their express consent;
(x) infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us;
(xi) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl”, "cache", “spider” the Platform or any web page or other service contained in our Platform, or to access the Platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
(xii) use bots or other automated methods to (a) access the Platform, add or download contacts, send or redirect messages, or perform other similar activities through the Platform, or (b) interface with the App in any manner except as expressly permitted by these Terms;
(xiii) access, via automated or manual means or processes, the Platform for purposes of monitoring its availability, performance or functionality for any competitive purpose;
(xiv) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform;
(xv) attempt to or actually access the Platform by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Platform using any third-party service, including the development of any such third-party software, and including the use of software-as-a-service platforms that aggregate access to multiple services;
(xvi) attempt to or actually override any security component included in or underlying the Platform, including without limitation content filtering techniques; or
(xvii) Interfere or disrupt the Platform, any servers or networks connected to the Platform, or the underlying software, including without limitation by way of uploading a virus or any other malware to such.
In connection with your use of the Platform, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
In order to contact us, you may use any of the following means of communication – WeShik A.M.S Ltd., email: , postal address: Nir Galim, Israel 97245, telephone number: +972546334407, or the “report” option via the App.
f. Reporting Inappropriate and Objectionable Content
If you find that a specific Dilemma posted to the Platform by another User or a comment to a Dilemma is abusive, contains inappropriate or objectionable content or is otherwise in violation of these Terms, we encourage you to immediately report this Dilemma or the comment to us via our built-in reporting features or by sending an email to In your email, please state the reasons for your concern and provide a link to the Dilemma in question.
If you are using the App to report the Dilemma or the comment, you can tap on the “Options” button and then select “Report”.
Upon receiving such a report of a possible violation, we are going to investigate the matter in 24 hours following such report and take such action as we determine to be appropriate, including removing the inappropriate content.
g. Block other Users
You may block or unblock another User by tapping on the “Options” button in their profile and then select “Block” or “Unblock”. Users are not notified when you block them.
After you block someone, this User cannot see the Dilemmas you posted on the Platform. Previous comments or reactions on your Dilemmas are not automatically removed. You can request to remove any inappropriate or objectionable comments via the procedure described above under f.
h. Delete Inappropriate and Objectionable Content on your dilemma’s comments.
If you find that a specific comment on your dilemma inappropriate or objectionable content or is otherwise in violation of these Terms, we encourage you to immediately delete this comment via our built-in deleting feature.
On your own dilemma, you can delete both: yours and other people’s comments. On other people’s dilemmas, you can only delete comments that you have written.
To delete a comment:
a. Tap and hold the specific comment
b. Choose the option “Delete.”
User manual for block delete or report
i. Process Specification in App
5. THIRD PARTIES' LINKS, WEBSITES, AND SERVICES
The Platform may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, have no control over those websites, and assume no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
(i) satisfy any applicable law, regulation, legal process, subpoena or governmental request;
(ii) enforce these Terms, including investigation of potential violations of it;
(iii) detect, prevent, or otherwise address fraud, security or technical issues;
(iv) cooperate with law enforcement authorities or prevent child exploitation;
(v) respond to user support requests; or
(vi) protect our, our users' or the public's rights, property or safety.
WeShik is not involved in the relationship between you and any other User in connection with your use of the Platform. In any event of a dispute with any other User, you release WeShik and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
WeShik does not warrant, endorse, guarantee or assume responsibility for any service, advertised or offered by a third party through the Platform or any hyperlinked website, or featured in any banner or other form of advertisement and WeShik will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF OUR PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF USING THE PLATFORM.
WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE PLATFORM WILL FUNCTION AS CLAIMED, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS DO NOT GUARANTEE THAT THE PLATFORM WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. IN ADDITION, YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, DATA, INTANGIBLE LOSSES, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THE PLATFORM; (II) ANY CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED NIS 100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. THIRD-PARTY RIGHTS; ASSIGNMENT
These Terms do not grant any rights or licenses, and any rights or licenses hereunder are not granted, to any third party, and may not be transferred or assigned by you, but may be assigned by us without restriction or notification to you.
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Platform; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right.
This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Platform.
11. TERMINATION OR SUSPENSION OF YOUR ACCOUNT
You may terminate your use of our App at any time by deleting your Account. We reserve the right to terminate or suspend your Account or your access to the Platform, as set forth hereinabove.
12. THIRD PARTY APP STORE
The following additional terms and conditions apply to you if you download the App from either the Apple App Store ®, Google Play or other mobile or web application platforms or storefronts authorized by us (each, a “Third Party Store”). To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:
a. These Terms are concluded solely between you and WeShik and not with the providers of the Third Party Store, and WeShik (and not the Third Party Store providers) is solely responsible for the App and the content thereof.
b. The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. WeShik is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of WeShik.
c. WeShik, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
d. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between us and the Third Party Store provider, we, and not the Third Party Store provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
e. The Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
13. GOVERNING LAW AND JURISDICTION
These Terms shall be governed and construed by the laws of the Israel, without respect to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
SOME JURISDICTIONS MAY NOT ALLOW OR LIMIT SOME OF THE PROVISIONS OF THESE TERMS, SO THAT SUCH PROVISIONS MAY NOT APPLY TO YOU.
To the extent permitted by applicable law, all Sections of this Agreement which by their nature should survive termination will survive the termination of this Agreement, including, without limitation Sections 1 (Definitions), 4 (Your Use of the Platform), 6 (Disclosure), 7 (Disclaimer), 8 (Limitation of Liability), 10 (Indemnity),13 (Governing Law and Jurisdiction), 15 (General).