Terms Of Use
Please read the following Terms of Use carefully before using this Website (defined below), so that you are aware of your legal rights and obligations with respect to Hour One AI (“Hour One”, “we”, “our” or “us”) in connection with the use of the website: https://getmasha.com (the “Website”). The Website shall be referred to herein as the “Services”. By accessing or using the Services, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the “Terms”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Terms, please do not access or use the Services.
By using the Services, you affirm that you are over thirteen (13) years of age. If you are between the age of thirteen (13) and eighteen (18) years then, prior to using the Services, you must first review these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms and agree to them. If you are a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you and you’re responsible for your teenager’s activity on the Services.
The Website offers its users design tools for the design and customization of greeting cards and ecards using Masha’s character (from “Masha and the Bear” tv series), which allow downloading, printing and sharing of such greeting cards and ecards (the “Products”). In order to use the Services, you will need to register and create an account (the “Account”). We reserve the right to refuse one’s registration or to block one’s access to the Services, at our discretion. As part of the registration process, you may be required to provide certain personal information (including, name, phone number, e-mail address, etc.) and to select a password. You: (i) agree to provide accurate, complete, and updated registration information; (ii) acknowledge that you are solely responsible for the activity that occurs on your Account; (iii) agree to keep your Account credentials secured; and (iv) undertake to notify us immediately of any breach of security or unauthorized use of your Account. If you wish to purchase a Product available on the Website, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card and your billing address. You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your purchase. We reserve the right to refuse or cancel your purchase at any time for certain reasons including but not limited to: Errors in the description or prices for Products Errors in your purchase We also reserve the right to refuse or cancel your purchase if fraud or an unauthorized or illegal transaction is suspected. Any Product you purchase can only be cancelled in accordance with these Terms and under applicable consumer rights’ laws. We are constantly updating our Products. The Products available on the Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our Products. We cannot and do not guarantee the accuracy or completeness of any information, including product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We reserve the right to revise Products’ prices at any time prior to accepting a purchase. All Products purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Diners Club, Discover, ,American Express, Debit cards. Once you complete a payment for a Product, the Product will be sent to you (to the user account by which the order was placed) within 48 hours; thereafter you will have the opportunity to download the Product or send it to a third party. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your purchase. Note, that the Services do not allow a preview option of the final Product prior to placing an order (yet the Website does include examples of the Products for reference purposes); therefore, once the purchase has been submitted, you cannot revise or cancel it. All payments on the Website are being processed by third-party payment processors that we believe are in full compliance with the requirements of applicable legislation. However, they may have Terms of Use other than described in this Terms of Use, so we encourage you to be aware when you leave our site and to read the Terms of Use of each and every website that collects personally identifiable information. In addition, we are not responsible for any differences caused by change of currency exchange rates you were charged by third parties.
Subject to these Terms, we hereby grant you: 1. A personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license (“License”) to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow. 2. A personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable License to visit and use the Website. 4. License Restrictions. You agree not to, and shall not permit any third party to: (i) transfer (by sale, resale, license, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein or in any commercial agreement with us; sublicense, redistribute, lease, lend or rent the Services; (ii) make the Services available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Services; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the Services or any part thereof without our prior written authorization; (v) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Services; (vii) use any communications systems provided by the Services to send unauthorized and/or unsolicited commercial communications; (viii) use the Website name, logo or trademarks without our prior written consent; (ix) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Services; and/or (x) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms. Intellectual Property Rights. i. Ownership. The Services are licensed and not sold to you under these Terms and you acknowledge that we retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the Services (and its related software). We reserve all rights not expressly granted herein to the Services. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic. ii. Content and Marks. The content on the Services, including without limitation, the text, information, descriptions, products, graphics, photos, sounds, videos, interactive features and digitally generated characters (such as appearance and voice) (collectively, the “Materials”), and the Feedback (defined below), and the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials and the Feedback, the “Content”), is the property of Hour One and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. All other Marks used on the Services are the trademarks, service marks, or logos of their respective owners. For the avoidance of doubt, it is clarified that all Marks related to Masha and the Bear characters are and shall remain the property of Animaccord Ltd. In no event shall any reference to Animaccord Ltd. imply or be construed as any obligation or imposition of liability upon Animaccord Ltd. in connection with the Website, or Services. iii. Use of Content. Content on the Services is provided to you “as is” for your personal use only and may not be used, copied, modified distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein. iv. Feedback. You may notify us of any design or functional errors, anomalies, and problems associated with the Services discovered by you and provide us with suggestions, comments, ideas, or any other feedback regarding the Services (the “Feedback”). Any such Feedback shall become our sole property without any restrictions. We may use any Feedback at our sole discretion, free from any right you may have or any third party and without any obligation towards you. You hereby assign to us all right, title, and interest worldwide in the Feedback and any intellectual property rights related thereto, and explicitly and irrevocably waive any and all claims associated therewith. You shall not provide us with Feedback which infringes any third party right.
1. While using the Services, certain data may be uploaded or transferred by you to be processed by the Services on your behalf (the Customer Content). Customer Content may include data, information, files, documents, texts, designs, graphics, audio files or other sounds, photographs, images, videos, illustrations and other content, uploaded, transferred, posted or otherwise made available by you. All rights in the Customer Content shall remain with you. 2. You hereby grant us and our sub-processors an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, fully paid, sub-licensable right and license to access, use, process, copy, download, store, distribute and display the Customer Content, solely for the purpose of maintaining, enhancing and providing the Services and as required to resolve technical and security problems or otherwise as permitted by these Terms of Use or in writing by you. 3. You represent and warrant that (i) You own or have all the necessary licenses, rights, consents, approvals and permissions to grant the aforementioned right and license and to authorize us and our sub-processors to access, use, process, copy, download, store, distribute and display the Customer Content, without infringing or violating any copyrights, privacy rights, publicity rights, trademarks or any other contractual, intellectual property or proprietary of any third party; (ii) any Customer Content and any use thereof does not and shall not violate any applicable laws, including those related to data privacy or data transfer and export or any policies and terms governing such Customer Content; and (iii) Customer Content shall not include sensitive data that is protected under a special legislation and requires unique treatment (such as protected health information or credit, debit or other payment card data). 4. You may not, and may not permit or aid others to upload, transfer, display, post, send, incorporate, contribute or otherwise make available to the Services any Customer Content that: (i) infringes, violates, misuses or otherwise interferes with any copyright, patent, trademark, trade secret or other right of any third party; (ii) is defamatory, abusive, harassing, threatening, racist, or constitutes an invasion of a right of privacy of another person, or is otherwise offensive, violent, vulgar, obscene, pornographic, contains nudity, or otherwise harms or can reasonably be expected to harm any person or entity; (iii) is illegal or encourages or advocates illegal activity; (iv) posts or transmits any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (v) contains viruses, trojan horses, worms, or any other computer programs designed to interrupt, destroy, or limit the functionality of the Services or any system, computer software, hardware or telecommunications equipment; (vi) creates a false identity or impersonates another person; (vii) “stalks” or otherwise harasses another or is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding” and “trolling” as such terms are commonly understood and used on the internet; (viii) violates any applicable local, state, national or international law or regulation; or (ix) includes any personal information of others, including, without limitation, their full names, addresses, email addresses or telephone numbers, unless you have permission from such persons to do so. You are solely responsible for any violation of the aforementioned and for any damage or loss to us or any other third party resulting therefrom. For the avoidance of doubt, certain Services may require provision of personal information. To such extent that you wish to receive Services that require upload of persona information, you must first obtain consent from the owner (or data subject) of such personal information prior to uploading such personal information to the Website. 5. We shall not be obligated to maintain or backup any Customer Content, and we may remove any Customer Content from the Services at any time, at our sole discretion.
We will use any personal information that we may collect or obtain in connection with the Services in accordance with our privacy policy which is available at https://getmasha.com/privacy-policy (“Privacy Policy”), and you agree that we may do so. Notwithstanding, you are aware that you are not legally obligated to provide us personal information, and you hereby confirm that providing us personal information is at your own free will. Please also be aware that certain personal information and other information provided by you in connection with your use of the Services may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, terminate the account or access of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at:[email protected].
We may take any of the following in our sole discretion at any time, and without giving you prior notice: Change or discontinue the Services; Change how we offer and operate Services; Remove Content from the Services; Restrict, suspend or terminate your access to one or more Services or features thereof; and We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If we terminate your access to any of the Services, you must immediately stop using such Service.
1. THE SERVICES THAT SHALL BE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. 2. WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, THAT THE SERVICES ARE FREE OF DEFECTS OR VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE SERVICES.YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SERVICES BY A THIRD PARTY. 3. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
1. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THESE TERMS, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THESE TERMS, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO US FOR USING THE SERVICES WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
You agree to defend, indemnify and hold harmless Hour One and Animaccord Ltd. and their respective affiliates, and our respective officers, directors, employees and agents, 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, or inability to use, the Services; (ii) your Feedback; (iii) your violation of these Terms; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
We may from time to time provide updates or upgrades to the Services (each a “Revision”) but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Services. All references herein to the Services shall include Revisions. These Terms shall govern any Revisions that replace or supplement the original Services, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
Portions of the Services may include third party open source software that are subject to third party terms and conditions (“Third Party Terms”). A list of any third party open source software and related Third Party Terms is available at: https://getmasha.com/third-party. If there is a conflict between any Third Party Terms and the terms of these Terms, then the Third Party Terms shall prevail but solely in connection with the related third party open source software.
1. The Services may enable you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us (“Third Party Content”). The Services may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third party websites and services; and (ii) our partners and customers. 2. We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content. 3. We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a Third Party Source. 4. By using the Services you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk. 5. You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us, and release us from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
1. These Terms are effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Services; and/or (ii) terminate these Terms and your use of the Services with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of these Terms or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services. 2. Upon termination of these Terms, you shall cease all use of the Services. This Section 16 and Sections 4 (Intellectual Property Rights), 7 (Privacy), 10 (Warranty Disclaimers), 11 (Limitation of Liability), 12 (Indemnity), 14 (Third Party Open Source Software) and 17 (Assignment) to 20 (General) shall survive termination of these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction or notification. Any assignment may entail termination of your access to the Services.
We reserve the right, at our discretion, to modify these Terms at any time by. Such change will be effective 10 days following posting of the revised Terms on the Services, and your continued use of the Services thereafter means that you accept those changes.
These Terms shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. 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. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Last Updated September 26, 2023.