Terms of Service

Introduction

Welcome to eMode Digital. These Terms of Service govern your use of our website and services. By using the site, you agree to these terms in full. If you do not agree, please refrain from using the site.

1. Acceptance of Terms

By accessing and using this website and our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These terms apply to all visitors, users, and others who access or use the services.

2. Description of Services

eMode Digital provides digital development services, including:

• Digital presence - websites, landing pages, and online stores
• Web and mobile application development (MVP and full products)
• UX/UI design and specification
• Strategic digital consulting and product specification

2.1 Nature of Service - Development with UI Components

It is important to clarify the nature of our service:

• Development is done using modern technologies: React + Vite, Next.js, or WordPress with Elementor - depending on the project type
• Design is done directly on the platform using professional component libraries (such as shadcn/ui, Tailwind CSS, Radix UI) or Elementor templates - NOT in design software like Figma or Photoshop
• The price includes design + development directly on the platform. We do NOT provide custom graphic design services, logo design, brand identity design, or unique visual design from scratch
• Clients who want custom UX/UI design in Figma may purchase a design add-on as a separate service. The cost of the add-on will be set in a separate price quote according to scope, complexity and number of screens. The design will be done in Figma and translated one-to-one in development
• Alternatively, clients can come with their own ready design from Figma/XD, and we will develop according to it
• Revisions within the revision rounds refer to changes in structure, content, colors, and existing components - NOT redesigning the product
• The client confirms that they understood and agreed to the nature of the service before making payment and waives any claim on this matter

3. User Obligations

When using the site and services, you agree to:

• Provide accurate, current, and complete information
• Not use the services for any illegal purposes
• Not infringe upon the intellectual property rights of others
• Maintain the confidentiality of your login credentials (if applicable)

4. Payments and Refunds

Payment terms for services:

• Prices displayed on the site are in Israeli currency (₪) and may change without prior notice
• Payment will be made according to the agreement signed between the parties
• Refund policy will be defined according to the specific project in the agreement
• We reserve the right to refuse or cancel any order

5. Intellectual Property

All content on the site, including text, graphics, logos, images, code, and designs, are the exclusive property of eMode Digital or its licensors. You may not copy, reproduce, distribute, or use the content without express written permission. Intellectual property rights for projects developed for clients will be governed by a separate agreement.

5.1 Credit Right & Portfolio Use

In accordance with the Israeli Copyright Law, 5768-2007, Sections 45-46 (Moral Rights - Right of Attribution), eMode Digital reserves the following rights in every project developed for the client (website, landing page, application, or system):

• Right of Credit (Right of Attribution): eMode Digital is entitled to display a visible credit at the footer/bottom of the developed website or landing page, in the form "Designed & Developed by eMode Digital" or similar wording, with a link to the eMode Digital website. This is a moral right of the creator established by law and is NOT transferable to the client along with the transfer of intellectual property rights, even after full payment for the project
• Right of Portfolio Use: eMode Digital is entitled to showcase the project (including screenshots, images, demo videos, links to the live site, client/brand name, and project description) in its portfolio on its website, social media, presentations, and for self-promotion purposes
• Project Display on eMode Digital Infrastructure: eMode Digital is entitled to host a copy of the project (Demo / Showcase) on its own subdomain (e.g., clientname.emode.digital) or on any other server, domain, or platform owned by it, for display and portfolio purposes. This copy is solely an independent infrastructure of eMode Digital, is not part of the client's website/service, and does not consume client resources. The client has no standing to demand its removal, since it is not located on the client's infrastructure and does not affect their business operations
• Right of Mention: eMode Digital is entitled to mention the client/brand name as its client for marketing purposes, case studies, and public relations, by virtue of the right to fair/honest use of a trademark under Section 47 of the Israeli Trademarks Ordinance [New Version], 5732-1972. Factual mention of work actually performed for the client constitutes permitted use
• Portfolio is Not Client Advertising: Display of a project in eMode Digital's portfolio is advertising for eMode Digital's services only, and is NOT advertising for the client's business/product/service. Therefore, the client's objection to "advertising" is irrelevant — no marketing activity is performed on behalf of the client or for the client. Furthermore, the Israeli Privacy Protection Law, 5741-1981, does not apply to corporations/businesses but only to individuals
• Waiving these rights requires written consent in advance (before the project begins) and an additional payment for a "Credit Removal License" and/or "Portfolio Display Waiver License". To purchase such a license, contact info@emode.digital in writing before the project begins. Buy-out rates are detailed below.

• Confidential Information: For projects involving sensitive or confidential information (NDA), portfolio showcase will be subject to the confidentiality agreement, and may include redaction of certain details (client name, internal data) - but the right to display the visual interface and the work itself is retained
• Freedom of Expression and Commercial Right: Display of work actually performed is factual expression protected by freedom of expression under the Israeli Basic Law: Human Dignity and Liberty, as well as a fundamental right of a professional to display their work for the purposes of livelihood and self-promotion
• Validity of this Clause: This clause constitutes the client's written consent and grants eMode Digital an irrevocable license to use the project in its portfolio and display credit - even after the engagement between the parties has ended. A unilateral demand by the client to remove credit or remove from portfolio after acceptance of the terms is legally void

Credit removal after code transfer — explicit breach: Even after the source code is transferred to the client as a Git Repository, and after the site is migrated to the client's accounts (GitHub/Vercel etc.), the credit in the footer must remain. Removal of the credit by the client, anyone acting on their behalf, or any other developer they engage, without purchasing a "Credit Removal License" — constitutes: (1) Material breach of contract entitling eMode Digital to claim monetary damages, including up to 250% of project price in addition to the license fee; (2) Violation of moral rights / right of attribution under the Israeli Copyright Law, 5768-2007 (Sections 45-46); (3) Grounds for claiming statutory damages without proof of damage under Section 56 of the law (cap of up to NIS 100,000 per infringement — at the court's discretion); (4) Grounds for temporary and permanent injunction to restore the credit. The client confirms understanding that the credit remains even after code transfer, and that they are the party responsible for preserving it.

Legal Basis: (1) Israeli Copyright Law, 5768-2007, Sections 45 (Moral Rights), 46 (Right of Attribution), 50 (Infringement of Moral Rights), and 56 (statutory damages without proof of damage up to NIS 100,000); (2) Israeli Trademarks Ordinance [New Version], 5732-1972, Section 47 (Fair Use); (3) Basic Law: Human Dignity and Liberty (commercial freedom of expression); (4) Israeli Privacy Protection Law, 5741-1981 — applies to individuals only, not to corporations/businesses. Removing the credit without written approval constitutes a violation of moral rights and entitles eMode Digital to claim statutory damages without proof of actual damage.

5.2 Client Responsibility — Opening GitHub & Vercel Accounts

For projects delivered as a Git Repository, the client is responsible for opening, at their own expense and in their own name, all accounts required to publish and maintain the site live:

• GitHub account (or GitLab/Bitbucket) to which the code will be uploaded
• Vercel account (or Netlify/Cloudflare/AWS etc.) to which the site will be deployed
• Hosting/domain account
• Other third-party accounts required to operate the site
• After the accounts are opened, the client is responsible for delivering temporary access credentials in writing to info@emode.digital
• eMode Digital will use the temporary credentials only for initial upload and configuration
• If eMode Digital performs the initial upload and configuration as a no-cost bonus service — this is a bonus service of significant market value only, does not constitute a contractual obligation, and is not enforceable as a right
• Any delay caused by failure to open accounts or provide credentials extends the timeline and is NOT grounds for refund or compensation

6. Limitation of Liability

eMode Digital shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use the services. We do not guarantee that the services will be error-free, secure, or available at all times. Use of the services is at your sole risk.

7. Product Warranty

Services are provided 'AS IS' without any express or implied warranties. We do not guarantee that the services will meet your specific requirements or be uninterrupted. Any product or service delivered will be reviewed and approved by the client before project completion.

8. Marketing Communications

By providing your contact details on the site, you authorize us to contact you regarding our services. You may unsubscribe from marketing communications at any time by clicking the 'unsubscribe' link in any marketing email or by contacting us directly. This policy complies with the Israeli Telecommunications Law (Bezeq and Broadcasting) 1982 and spam regulations.

9. Service Termination

We reserve the right to suspend or terminate your access to the services at any time, without prior notice, for violation of these Terms of Service or for any other reason at our sole discretion. Upon termination, all permissions granted to you will immediately expire.

10. Cancellation Policy & Digital Products

In accordance with the Israeli Consumer Protection Law, 5741-1981, Section 14c(d):

• Our services are custom-made digital products
• After payment is made - no refund or credit will be given under any circumstances, without exception
• After all revision rounds included in the package are used, the work will be delivered as-is
• In case of work stoppage initiated by the client, deliverables completed up to that point will be delivered - without refund
• Any revision or change beyond the original specification will be priced separately at a rate of $100/hour + VAT

11. Paid Advertising Service - Disclosure

This section applies to paid advertising services (Google Ads, Facebook, Instagram, TikTok, LinkedIn, Taboola & Outbrain):

• Payment for campaign management is prepaid at the beginning of each month and is non-refundable and non-cancellable
• Results depend on many factors including: product/service quality, the offer, budget size, market competition and more. We do our best to bring quality leads, but ultimately converting to paying customers also depends on you - your response, offer and service
• Management fees do not include media budget (budget paid directly to Google/Facebook). Recommended media budget: minimum $800/month per platform
• The first month is a learning month - the algorithm learns the target audience. It is recommended to allow at least 3 months to see significant results
• eMode Digital is not responsible for campaign results, lead quantity or quality. The service is professional campaign management only

Products and services prohibited from advertising per Meta policy:

• Weapons, ammunition or explosives
• Drugs, illegal substances and unapproved supplements
• Tobacco and alcohol products (restrictions apply)
• Adult content and escort services
• Gambling (in certain countries)
• Misleading financial services, high-interest loans
• Unapproved medications and medical devices
• Health products with misleading claims

Full list in Meta's Advertising Policy

12. Digital Signature and Contract Approval

In accordance with the Electronic Signature Law, 5761-2001:

• Making the payment constitutes full, binding and irrevocable consent to all terms detailed in these Terms of Service and the work agreement
• Checking the confirmation box on the order form and/or making the payment constitutes a binding digital signature
• The client confirms that they have read, understood and agreed to all terms before making payment
• The client waives any claim of ignorance or misunderstanding of the terms

13. Changes to Terms

We reserve the right to update or modify these Terms of Service at any time. Changes will take effect immediately upon posting on the site. Continued use of the site after posting changes constitutes acceptance of the updated terms. We recommend reviewing the terms periodically.

14. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Israel. Any dispute relating to these terms shall be under the exclusive jurisdiction of the competent courts in Israel.

15. Contact Us

For questions or clarifications regarding these Terms of Service, please contact us at: support@emode.digital