Last updated: 29 July 2026 · Version: 2026-07-29-d
These Terms of Service (“Terms”) are a binding agreement between you and Mikhail Gutentov, an Israeli authorized dealer (עוסק מורשה), tax / licensed dealer number 346700693, address for legal notices: Shalom Aleichem 7, Apt. 2, Bat Yam, Israel (the “Operator”, “we”, “us”, “our”). The Operator provides the Yomit cloud software platform available at https://yomit.co, related APIs, and mobile applications (collectively, the “Service”).
Notices and legal correspondence: gutiontovmihail@gmail.com.
By creating an account, clicking “I agree” / “Accept”, accessing, or using the Service, you agree to these Terms, the Privacy Policy, and the Disclaimer (together, the “Agreement”). If you do not agree, do not use the Service.
If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” means that entity and its authorized users (each, a “Customer”).
English is the authoritative language of this Agreement. Translations are provided for convenience only. In case of conflict, the English version prevails.
1. Description of the Service (Business Service)
Yomit is a business software platform intended to help organizations manage projects, objects/sites, teams and brigades, tasks and daily reports, contracts between companies, catalogs of works/resources, attendance and location-related features, payroll-related estimates, messaging, and related operational workflows.
The Service is a technology tool only. Unless we expressly agree in a separate signed written addendum, we do not provide: construction or renovation works; site supervision or safety management; licensed accounting, auditing, or tax representation; licensed legal advice; or employment agency services.
Features may change over time. We may add, modify, or discontinue functionality, including beta or experimental features, with or without notice, provided we do not materially reduce core paid functionality without reasonable notice where you have an active paid subscription.
No service-level agreement (SLA) for uptime, response times, or support applies unless purchased under a separate written addendum signed by the Operator.
2. Accounts and Authority
You must be at least 18 years old (or the age of legal capacity in your jurisdiction, if higher) and able to form a binding contract. The Service is intended for business and professional use, not for consumers seeking personal non-business services, except where mandatory consumer law unavoidably applies.
You agree to provide accurate registration information and to keep it updated. You are responsible for safeguarding login credentials and for all activity under your account. Notify us promptly of any unauthorized use.
We may refuse registration, suspend, or terminate accounts that violate this Agreement, present security or legal risk, or remain inactive for a prolonged period.
Our technical logs (including IP addresses, timestamps, and Terms version identifiers recorded at acceptance) may be used as evidence of access, use, and acceptance of the Agreement.
3. Customer Responsibility for Users
Company administrators may invite employees, contractors, and other users into a company workspace and assign roles and permissions. The inviting Customer is responsible for ensuring that invitees are authorized and for configuring access and permissions appropriately.
Users invited by a Customer must personally accept the then-current Agreement on first login (and again when we require re-acceptance after material updates). Company-created accounts do not replace the invited user’s own acceptance.
The Customer is responsible for the conduct of its invited users on the Service, including compliance with this Agreement, correct data entry, and prompt off-boarding (deactivation of access) of users who leave the organization.
4. Customer Data
“Customer Content” means data, files, text, images, reports, messages, GPS samples, catalogs, contract text, and other materials that you or your users upload to or generate in the Service.
As between you and the Operator, you retain ownership of Customer Content. You grant the Operator a worldwide, non-exclusive license to host, store, process, transmit, display, translate (where a product feature requires translation), back up, and otherwise use Customer Content solely as needed to provide, secure, maintain, and improve the Service, and to comply with law.
You represent that you have all rights and consents needed to upload Customer Content and to grant the license above, including any required employee or contractor notices and consents for workplace location or attendance features.
5. Customer Warranties
You represent and warrant that:
- you have the right and authority to enter into this Agreement and to upload and process all Customer Content;
- Customer Content does not infringe third-party intellectual property, privacy, or other rights;
- you will comply with applicable employment, privacy, and data-protection law with respect to workers whose data is entered into the Service;
- you have obtained or will obtain any consents, notices, or works-council/collective approvals required for location tracking, attendance monitoring, or HR data processing before enabling those features; and
- information you provide (including registration and billing details) is accurate and kept up to date.
6. Employee and Workplace Data
The Service allows a Customer to store workplace personal data about its own employees and contractors, such as identity fields, role assignments, emergency contacts, salary-related fields, absences, and performance-related notes that the Customer chooses to record.
Platform neutrality. Employment, subcontracting, and other workforce relationships that a Customer manages using the Service are solely between the Customer and its workers. The Operator is not a party to those relationships, is not an employer or joint employer of any Customer’s personnel, and does not guarantee compliance of any Customer’s workforce practices with applicable labor, safety, or immigration law.
For workplace personal data stored in a company workspace, the Customer typically acts as controller and the Operator acts as processor / service provider, as further described in the Privacy Policy and Section 19 (Data Processing Terms) below.
7. GPS and Location
Where enabled by a Customer, the Service may collect GPS coordinates and related metadata from mobile or web clients to support attendance, routing, or site-verification features. Location collection depends on device permissions, network conditions, and user cooperation, and may be incomplete, delayed, or inaccurate.
The Customer is solely responsible for: (a) determining whether and how to enable location tracking of its workers; (b) providing legally required notice and obtaining any consents; (c) limiting use of location data to legitimate operational purposes; and (d) responding to worker inquiries or objections regarding location monitoring. The Operator processes location data only as instructed by the Customer to provide the Service.
8. Attendance
Attendance features (such as day-start/day-end punches, timestamps, and associated location or photo evidence) are provided as an operational convenience tool. They are not certified timekeeping devices and do not by themselves constitute a statutory attendance record under Israeli or other applicable labor law unless the Customer independently ensures such compliance.
The Customer is responsible for reviewing, correcting, and, where legally required, retaining attendance data in a form that satisfies applicable labor-law recordkeeping obligations, and for resolving disputes with workers about attendance entries.
9. Reports
Daily reports, dashboards, and derived summaries generated by the Service (including quantities, norms, and progress metrics) are compiled from data entered by Customer users and are only as accurate and complete as that underlying input.
The Operator does not independently verify the accuracy of report content, quantities, or completed-work claims. Customers must implement their own review and approval workflow before relying on reports for payment, billing, or contractual purposes.
10. Contract and Electronic Acceptance
The Service may allow Customers to draft, store, share, and electronically sign contracts, order forms, or similar documents between companies or with individuals (“e-signature features”). Any electronic signature or acceptance captured through the Service (including click-to-accept, typed-name, or drawn signatures, together with associated timestamps, IP addresses, and audit logs) is intended to constitute a valid electronic signature to the extent recognized under the Israeli Electronic Signature Law, 5761-2001, and other applicable law.
The Operator provides the e-signature and contract tools as a technology feature only and does not act as a certification authority, notary, witness, or legal advisor with respect to any contract executed through the Service. Customers are responsible for determining whether a given document or transaction requires a specific signature format, notarization, or other formality not satisfied by the Service, and for the legal validity and enforceability of contracts they create.
Your own acceptance of this Agreement (and updates to it) through account creation, click-to-accept, or continued use is likewise intended to constitute a valid electronic acceptance of a binding contract.
11. Machine Translation and AI
The Service may offer machine-translation and AI-assisted features (for example, translating messages, reports, or catalog entries, or generating suggested text) using large-language-model or other AI providers as subprocessors.
Machine translations and AI-assisted outputs are provided on a best-effort basis only. They may be incomplete, biased, out of date, or incorrect, and may not preserve legal or technical nuance. You must review any AI-assisted or translated output before relying on it for legal, financial, safety, or other consequential decisions.
12. Third-Party Services
The Service may integrate with or depend on third-party providers, including hosting, email delivery, maps and geocoding, analytics, payment processors, and machine-translation or AI providers. Those services are governed by their own terms and privacy policies. We are not responsible for third-party outages, pricing changes, content, or inaccuracies.
13. Acceptable Use
You agree not to use the Service to:
- violate any applicable law or regulation, or third-party rights (including privacy, publicity, and intellectual property);
- engage in fraud, phishing, harassment, defamation, or discrimination unlawful under applicable law;
- upload unlawful, harmful, or infringing content;
- probe, scan, or test the vulnerability of the Service without our prior written authorization;
- access another organization’s data without authorization;
- misrepresent your identity or affiliation;
- circumvent technical protections, rate limits, or access controls, or scrape/harvest data outside documented APIs.
Company administrators are responsible for configuring location, attendance, and HR features lawfully, including workplace notices and consents required under Israeli law or other applicable employment/privacy laws.
14. Fees
Some features or plans may require payment. Fees, billing cycles, and included limits are as shown at purchase or in an order form. Unless required by mandatory Israeli law, fees are non-refundable.
You are responsible for applicable taxes (including VAT) except taxes based on our net income. We may change prices for renewal periods with reasonable prior notice via the Service or email.
15. Non-Payment
Failure to pay undisputed amounts when due may result in suspension or termination of access after reasonable notice. Suspension for non-payment does not relieve you of amounts already due, and we may charge interest or collection costs to the extent permitted by law.
16. Service Changes
We may add, modify, or discontinue features, change plan limits, or update the Service’s look, workflow, or underlying infrastructure at any time. We will use reasonable efforts to avoid materially degrading core paid functionality without reasonable notice to Customers with an active paid subscription, but we do not guarantee that any specific feature, integration, or workflow will remain unchanged indefinitely.
17. Customer Backups
While the Operator maintains its own backup processes for disaster-recovery purposes (see the Privacy Policy), those backups are for the Operator’s business continuity and are not a substitute for the Customer’s own recordkeeping. Customers are responsible for independently exporting and retaining copies of Customer Content that are critical to their business, financial, or legal obligations.
The Operator is not liable for loss of Customer Content to the extent the Customer failed to maintain its own reasonable backups of critical data, except to the extent loss results from the Operator’s failure to meet its own obligations under this Agreement.
18. Privacy and Data Processing
Our collection and use of personal data in connection with the Service is described in the Privacy Policy, which is incorporated into this Agreement by reference. For workplace personal data stored in a company workspace (including HR fields, attendance, and location), the Customer typically acts as controller, and the Operator acts as processor / service provider.
19. Data Processing Terms
To the extent the Operator processes personal data on behalf of the Customer as a processor / service provider in connection with the Service, the following data processing terms (“DPT”) apply and form part of the Agreement:
- (a) Subject matter. Processing of personal data uploaded to or generated within the Customer’s workspace, as necessary to provide the Service.
- (b) Duration. For the term of the Agreement, plus any retention period described in the Privacy Policy or required by law.
- (c) Nature and purpose. Hosting, storage, transmission, display, backup, security monitoring, and processing needed to operate the features the Customer enables.
- (d) Categories of data subjects. The Customer’s employees, contractors, clients, and other individuals whose data the Customer enters into the Service.
- (e) Types of personal data. Identity, contact, HR/employment, attendance, GPS/location, messaging, and related operational data as configured by the Customer.
- (f) Customer instructions. The Operator will process personal data only in accordance with the Customer’s documented instructions (including as configured through the Service), except where required otherwise by law, in which case the Operator will inform the Customer of that legal requirement to the extent legally permitted.
- (g) Confidentiality. The Operator ensures that personnel authorized to process personal data are subject to confidentiality obligations.
- (h) Security. The Operator implements the security measures described in Section 20 (Security) and the Privacy Policy.
- (i) Subprocessors. The Operator may engage subprocessors as described in the Privacy Policy and remains responsible for subprocessors’ compliance with data-protection obligations substantially equivalent to those in this DPT.
- (j) Assistance and deletion/return. The Operator will provide reasonable assistance to the Customer in responding to data-subject requests and regulatory inquiries relating to Customer Data, and will delete or return Customer Data on termination as described in Section 25 (Termination by Customer) and the Privacy Policy, subject to legally required retention.
20. Security
We implement industry-reasonable technical and organizational measures designed to protect Customer Content and personal data, including access controls, hashed passwords, encryption in transit where configured, environment isolation, and security logging, as further described in the Privacy Policy. No method of transmission or storage is completely secure, and we do not guarantee that the Service will be free of vulnerabilities.
21. Intellectual Property
Subject to this Agreement and timely payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes, in accordance with the documentation and any plan limits.
You shall not (and shall not permit others to): (a) copy, modify, or create derivative works of the Service except as allowed by mandatory law; (b) reverse engineer, decompile, or attempt to extract source code, except where mandatory law prohibits this restriction; (c) sell, rent, lease, sublicense, or provide the Service to third parties as a service bureau or white-label offering without our prior written consent; (d) scrape, harvest, or systematically extract data except through documented APIs we expressly make available to you; (e) circumvent technical protections, rate limits, or access controls; (f) use the Service to build a competing product using non-public aspects of the Service; (g) introduce malware or disrupt the Service.
The Service, software, interfaces, documentation, trademarks (including “Yomit”), and all related intellectual property are and remain owned by the Operator or its licensors. No rights are granted except as expressly stated.
22. Feedback
If you provide feedback, ideas, or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and commercialize them without restriction or obligation to you.
23. Confidentiality
Each party may receive confidential business, technical, or pricing information from the other. Each party agrees to use the other’s confidential information only to perform its obligations under this Agreement and to protect it with at least reasonable care, except for information that is or becomes public through no fault of the receiving party, was already known to the receiving party, or must be disclosed by law (with prior notice to the disclosing party where legally permitted).
24. Suspension
We may suspend access to all or part of the Service, with notice where practicable, if: (a) required by law; (b) we reasonably believe there is a security incident, vulnerability, or risk to the Service or other customers; (c) you are in material breach of this Agreement (including non-payment) and fail to cure within a reasonable period after notice; or (d) continued provision would expose the Operator to material legal or regulatory risk.
25. Termination by Customer
You may stop using the Service and close your account at any time. Upon termination of a company account that was on a paid plan, you may request a reasonable export of your then-available company data within thirty (30) days. After that period, we may delete or anonymize data in accordance with the Privacy Policy, subject to legal retention obligations and residual backups.
26. Termination by Operator
We may suspend or terminate your access immediately for material breach that remains uncured after notice (where cure is possible), non-payment, legal or security risk, or to protect the Service or other users. We may also terminate the Agreement generally, with reasonable prior notice, if we discontinue the Service (or the relevant portion of it), in which case we will provide a reasonable opportunity to export Customer Content where practicable.
Sections that by their nature should survive (including intellectual property, licenses needed for wind-down, disclaimers, liability limits, indemnity, confidentiality, governing law, and this survival clause) survive termination.
27. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION.
Without limiting the foregoing, we do not warrant that GPS locations, attendance records, payroll estimates, contract templates, translations, dashboards, or reports are complete or accurate, or that the Service will meet your specific operational, legal, or safety requirements. See also the Disclaimer.
28. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO SECTION 30 (MANDATORY LAW CARVE-OUT), THE OPERATOR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO THE OPERATOR FOR THE SERVICE DURING THE ONE (1) CALENDAR MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU PAID NO FEES TO THE OPERATOR FOR THE SERVICE IN THAT MONTH, THE OPERATOR’S TOTAL LIABILITY IS ZERO.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OPERATOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
This aggregate cap applies across all claims arising in the relevant one-month period, is not per-incident, and applies whether or not you hold a paid subscription. The limitations in this Section allocate risk between the parties and are a fundamental basis of the bargain, including for free or unpaid use of the Service. See also the Disclaimer.
29. Customer Indemnity
You will defend, indemnify, and hold harmless the Operator and its agents from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer Content; (b) your use of the Service; (c) your workforce practices, including location tracking and employee notices/consents; (d) your disputes with clients, contractors, employees, or other users; or (e) your breach of this Agreement, except to the extent caused by the Operator’s willful misconduct where mandatory law requires that exception.
30. Mandatory Law Carve-Out
Nothing in the Agreement excludes or limits liability that cannot be excluded or limited under applicable Israeli law (including, where such limitation is unenforceable, liability for intentional misconduct or gross negligence to the extent mandatory law so requires). If any limitation is held unenforceable, it shall be modified to the minimum extent necessary to be enforceable and shall not expand liability beyond what mandatory law requires.
31. Force Majeure
We are not liable for delays or failures due to events beyond reasonable control, including hosting/provider outages, internet or power failures, war, terrorism, cyberattacks, epidemics, labor disputes, or government actions.
32. Export and Sanctions
You represent that you are not located in, and will not access or use the Service from, a country or territory subject to comprehensive sanctions, and that you are not a person or entity designated on any applicable sanctions or restricted-party list administered by Israel, the United States, the European Union, or the United Nations. You agree to comply with all applicable export-control and sanctions laws in connection with your use of the Service, and not to permit access by sanctioned or restricted persons.
33. Changes to the Terms
We may update these Terms by posting a new version with a new version identifier. For material changes, we may require re-acceptance and may block access until you accept. We may also notify you by email when practicable. The “Last updated” / version fields at the top indicate the current version.
34. Notices
We may provide notices via the Service, email to your account email, or the postal address above. You must send legal notices to the Operator email and address stated at the beginning of these Terms. Notices are deemed received when sent by email (absent evidence of non-delivery) or when actually received if sent by post.
35. Governing Law
The Agreement is governed by the laws of the State of Israel, without regard to conflict-of-laws rules.
36. Jurisdiction
Exclusive jurisdiction and venue lie with the competent courts of Israel in the Tel Aviv–Jaffa district, without prejudice to mandatory consumer protections if and only if you qualify as a consumer under Israeli Consumer Protection Law.
37. Assignment
You may not assign the Agreement without our prior written consent. We may assign the Agreement in connection with a merger, reorganization, or sale of assets or of the Yomit business.
38. Severability
If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties’ original intent.
39. No Waiver
Failure to enforce a provision is not a waiver of the right to do so later. Any waiver must be in writing to be effective.
40. Entire Agreement and Contact
Entire agreement. The Agreement constitutes the entire agreement between you and the Operator regarding the Service and supersedes prior or contemporaneous agreements on the same subject (excluding any separately signed order form or addendum). The parties are independent contractors; no partnership, joint venture, or employment is created.
Contact. Operator: Mikhail Gutentov (עוסק מורשה), tax ID 346700693
Address: Shalom Aleichem 7, Apt. 2, Bat Yam, Israel
Email: gutiontovmihail@gmail.com
Website: https://yomit.co
This document is a commercial SaaS template tailored for Yomit. It is not a substitute for advice from an Israeli attorney for your specific situation.