SaaS Terms and Conditions

[Last Modified: March 3, 2025]

Thank you for using CashHero! The following describes the terms and conditions (“Terms“) governing your (“you” or “User“) access and use of CashHero, Ltd.’s (referred to as the “Company“, “CashHero” or “We“) proprietary platform accessible on a Software as a Service basis (“Platform”). These Terms represent a legal agreement between you and CashHero. By accessing and using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.

These Terms may be updated by us from time to time. Updates may be made for legal, regulatory, or operational reasons, or to reflect changes in the features and functionalities of the Platform. We will notify you of any such update by publishing a new version of these Terms on the Platform. Any modified version of these Terms will have immediate effect, and your continued use of the Platform will be deemed to constitute your acceptance of the modified Terms. We advise You to check for updates on a regular basis. If you disagree with the updated Terms you should refrain from using the Platform and may terminate and delete their account.

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the full legal authority to bind that entity to these Terms. In such cases, the term ‘you’ will refer to both you as an individual and the entity you represent. If you do not have such authority, you should not access or use the Platform on behalf of that entity. These Terms supersede the terms and conditions of any purchase order or other documentation used by you and, except for delivery and billing addresses and prices, any conflicting or additional terms are void and have no effect.

Please note that these Terms govern your use of the CashHero Platform. Addition services retained from Proximo are governed by separate terms and agreements.

Platform

• License. Subject to the provisions set forth in these Terms, CashHero will provide you with a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to access and use the Platform. The Platform is intended for internal business use only. Your license to use the Platform is limited to the scope stated in the price quote provided to you by CashHero, which may include a term and number of users. To the extent CashHero provides you with a license to the Platform for a trial period, such period will be limited to the term specified in the price quote.
• Account. To access and use the Platform, you will be required to register for an account by creating a username and a password. You are responsible for maintaining the confidentiality of your username and password. You agree to notify CashHero immediately upon becoming aware of any breach of security or unauthorized use of your account. You are responsible for all activities or actions that occur under your account, including activities of all users who access or use the Platform through your account. You shall ensure that any such users will comply with these Terms and any CashHero policies. 
• Third Party Features. The Platform may contain services, features and functionalities linking you to, or providing you with, certain functionality and access to third party services and content, including using service providers for cloud infrastructure and hosting services. You acknowledge that CashHero is not responsible for such third-party services. If you have problems resulting from use of any third party services, or if you suffer data loss or other losses as a result of problems with any other service provider or any third-party services, CashHero will not be responsible unless the problem was the direct result of its actions.

2. Data Accuracy and Compliance
   • You acknowledge and agree that the Platform is a tool that relies on the information, data, and inputs provided by you. The accuracy, completeness, and reliability of any results, analyses, insights or recommendations generated by the Platform depend on the accuracy and completeness of the information you provide. You are solely responsible for ensuring that all information, data, and inputs you submit to the Platform are accurate, complete, and up to date at all times.
   • We do not independently verify or validate the information provided by you, and we make no representations or warranties regarding the accuracy or completeness of the information. We will not be liable for any errors, losses, or damages arising from your failure to provide accurate, current, or complete information.
   • You acknowledge that your use of the Platform must comply with all applicable financial regulations, anti-money laundering (AML) laws, data protection laws, and any other relevant legal requirements. We reserve the right to suspend or terminate your access to the Platform if we determine, in our sole discretion, that your use violates any such laws or regulations.
3. Privacy
   • By using the Platform, you acknowledge that we may collect, process, and store certain data, including personal and business and financial information in accordance with our Privacy Policy which is available at https://cashhero.ai/privacy-policy/. You hereby represent and warrant that you obtained and will maintain throughout the subscription period all approvals and consents as required under applicable law, including privacy rules for the purpose of collecting and processing such data.
4. Intellectual Property Rights
   • CashHero Technology. All intellectual property rights, including copyrights, patents, trademarks and trade secrets in the Platform and any part thereof and any and all derivatives, modifications, enhancements, changes and improvements thereof (the “CashHero Technology“) lie exclusively with CashHero. No title to or ownership of any proprietary rights related to the CashHero Technology is transferred to you under these Terms. All rights not explicitly granted to you under these Terms are reserved by CashHero.
   • CashHero Trademarks. All trademarks and all other marks, trade names, service marks, illustrations, images, or logos appearing in connection with the Platform are and shall remain, the exclusive property of CashHero and are subject to the protection granted by applicable law.
   • Restrictions. You shall not, and you may not allow others to: (i) attempt to infiltrate, hack, reverse engineer, decompile, or disassemble the CashHero Technology, or derive or attempt to create or derive, by reverse engineering or otherwise, the source code of the Platform; (ii) resell, lease, sublicense or distribute the CashHero Technology to any person; (iii) represent that you possess any proprietary interest in the CashHero Technology; (iv) use the name, trademarks, trade-names, and logos of CashHero; (v) sub-license your right to access and use the Platform or otherwise provide remote access to the Platform to any third party; and (vi) use the Platform to provide third parties with managed services or provide remote access to the Platform to any person.
5. Content
   • License to your Content. You hereby grant us a limited, non-exclusive license to use, copy and reproduce any materials and data used or uploaded by you to the Platform (“Content”) solely to the extent required to perform and improve the functionality of the Platform and to comply with applicable law. You hereby represent and warrant that the copying, uploading and use of the Content does not infringe any third-party rights, including intellectual property rights and privacy rights. You acknowledge and agree that we will not be liable for any Content and any use thereof, including, without limitation, for any errors or omissions, or for any infringement of third party’s rights, loss or damage of any kind incurred as a result of the use or display of any Content. The Content is and shall remain your property and shall be used at your sole and absolute responsibility. The Platform is not intended to be used as storage, backup or archiving services. It is your responsibility to back up the Content and you are responsible for any lost or unrecoverable Content. You agree that we may collect, and access aggregated, non-personally identifiable information to provide support and maintenance, to improve our products and services, and to generate industry insights, benchmarking reports, and other analytical outputs for market research and business intelligence purposes, including following termination of the subscription period.

6. Fees
   • Fees. In consideration for the access and use of the Platform, you will pay CashHero a subscription fee as set forth in the price quote (the “Fees“). All payments are due and payable in advance, in ILS or U.S. dollars within 30 days of the invoice receipt issued by CashHero. Unless otherwise set forth in the Price Quote, billing for the Fees will be on a monthly recurring basis in advance.
   • Over Usage. If your use of the Platform exceeds the capacity or usage metrics set forth in the applicable price quote or otherwise requires the payment of additional fees (per the terms of the Price Quote), you will be billed for such excess capacity or usage and will pay the additional fees in accordance with the price and the payments terms set forth in the price quote for the remainder of the subscription period in advance.
   • Late Payment. Amounts that are not paid in accordance with these Terms will be subject to a late charge of 1.5% per month. CashHero may suspend or discontinue your access to the Platform if you fail to pay the Fees on the date due. All payments under this Agreement are non-refundable.
   • Tax. All amounts payable to CashHero are exclusive of all taxes, levies or similar governmental charges (including value added tax, sales tax), however designated, and any such taxes will be paid by you, except for taxes based on the net income of CashHero. Any taxes charged by CashHero and remitted to tax authorities shall be separately stated on any invoices or statement of fees submitted to you.
7. Confidentiality. We will maintain the confidentiality of any non-public information disclosed by you in connection with the use of the Platform. We will not disclose your confidential information to third parties, except as required by law or as otherwise permitted herein. The foregoing obligations shall not apply to information that is publicly available, rightfully received from a third party, independently developed without reference to the disclosed information, or required to be disclosed by law, regulation, or court order.
8. Warranties.
   • CashHero Warranties. CashHero warrants that the Platform will be provided in a professional and workmanlike manner and will operate substantially in accordance with its published specifications and documentation, subject to scheduled maintenance, updates, and factors beyond CashHero’s reasonable control. Your sole and exclusive remedy for any breach of this warranty will be CashHero’s reasonable efforts to correct the non-conformance or, if correction is not commercially reasonable, to terminate the affected service and provide a pro-rata refund of any prepaid Fees for the period in which the Platform was non-conforming.
   • Disclaimer of Warranties. THE PLATFORM PROVIDES TOOLS FOR FINANCIAL REPORTING BUT DOES NOT CONSTITUTE FINANCIAL, INVESTMENT, OR LEGAL ADVICE. YOU ACKNOWLEDGE THAT ANY DECISIONS MADE BASED ON INFORMATION FROM THE PLATFORM ARE AT YOUR OWN RISK. EXCEPT AS EXPLICITLY SET FORTH IN THESE TERMS, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE OR ACCURACY. CASHHERO DOES NOT WARRANT THAT THE PLATFORM OR ANY SERVICES RELATED THERETO WILL BE DELIVERED OR PERFORMED ERROR-FREE, WITHOUT INTERRUPTION OR THAT IT WILL PRODUCE ACCURATE, RELIABLE, OR SPECIFIC FINANCIAL OUTCOMES.
9. Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL CASHHERO BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF CONTENT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT CASHHERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CASHHERO’S MAXIMUM TOTAL AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE FEES PAID BY YOU DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10. Term; Termination. These Terms shall apply for the duration of the subscription period set forth in the price quote. We reserve the right to terminate or suspend your use of or access to the Platform if you violate these Terms. In such cases, we will provide notice to you where possible. Upon termination or expiration of the subscription term for any reason whatsoever all rights granted to you hereunder shall expire. Sections ‎4, ‎5, ‎7 – ‎11 shall survive any expiration or termination of the Agreement. You agree that we may retain Confidential Information as required by law or regulatory requirement or as may be reasonably require for archive purposes or copies of any computer records and files containing Confidential Information which have been created pursuant to automatic archiving and back-up procedures and which are used for archival purposes or as otherwise permitted herein.
11. Miscellaneous. The Agreement sets forth the entire understanding between the parties with respect to the subject matter herein and supersedes all prior and contemporaneous written agreements and discussions concerning the subject matter of the Agreement. In the case of conflict between the Agreement and Price Quote, the Price Quote shall prevail. Customer agrees that CashHero may disclose the fact that Customer is a client of CashHero. While this Agreement is in effect, the Customer grants CashHero the right to reference Customer’s name and logo in marketing materials and on CashHero’s website until Customer’s use of the Platform is discontinued. The failure of either party to enforce at any time the provisions of the Agreement shall not be interpreted to be a waiver of such provisions or of the right of such party to enforce each and every such provision. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. This Agreement is governed by and construed in accordance with the laws of Israel without regard to the principles of conflict of laws. Any and all disputes and controversies arising out of or in connection with the Agreement shall be brought exclusively before the competent courts in Tel Aviv -Jaffa. If any provision of this Agreement is determined to be void or unenforceable by a court of competent jurisdiction, such clause shall be interpreted as necessary to give maximum force to the provisions thereof, and the validity and enforceability of the remainder of the Agreement shall not be affected. All notices given under the Agreement shall be in writing and shall be deemed to have been duly given: when delivered, if delivered by messenger during normal business hours of the recipient; when sent, if sent by email during normal business hours of the recipient; or on the third business day following posting, if posted by international air mail. Customer may not assign its rights under this Agreement to any third party. Any purported assignment contrary to this section shall be void.

If You have any questions, comments, requests, or concerns related to these Terms, please contact us at info@cashhero.ai