Terms of Use Agreement - Payday-App Website
The system operates a website called Payday-App ("the Site"), which allows victims and those who have been sexually harassed ("the Users") to receive assistance in receiving compensation from their perpetrators.
The system offers users a variety of services, including uploading testimony, digital mediation, and contacting expert lawyers.
The user wishes to use the system's services.
1. Definitions
"Testimony": A detailed description of the sexual assault/harassment incident, including personal details of the user and the perpetrator, the date and time of the incident, the location of the incident, and a description of the incident itself.
"Victim" - Someone who considers themselves to have been harassed or sexually assaulted by another person and has uploaded their complaint to the Payday system.
Accused of assault - Someone defined by the victim as the person who sexually harassed or assaulted them.
"Testimony Bot" - An artificial intelligence-based bot that allows each user to upload their version/testimony of the incident and attach all relevant documents in real time to the recording of the testimony.
"Mediation by the system": A digital mediation process based on artificial intelligence between the user and the offender, with the aim of reaching a compensation agreement
"Compensation": An amount of money or other remedy agreed upon by the user and the offender as part of the mediation process.
"System fee": 7% of any compensation agreed upon between the parties, no less than $400 plus VAT
2. System services
The system will provide the user with the following services:
Uploading testimony: The user may upload testimony to the system. The testimony will be stored in a highly secure system for one year.
Digital mediation: The user may ask the system to contact the offender he defined in the system and conduct a digital mediation process between them.
Referral to a legal professional: The system may refer the user to a legal professional who is an expert in the field of sexual assault/harassment.
The user may choose which of these services to use.
3. Consideration
The user will pay the following amounts to the system:
180 NIS for uploading testimony and storing it for one year in a secure system.
The system fee, as stated in Section 2.1 above.
The payment will be made by credit card or other means of payment agreed upon by the parties.
4. Confidentiality
The system will be obligated to keep all of the user's personal information confidential, including the details of his testimony.
The system will not be able to disclose the user's personal information to third parties, unless it has received the user's prior written consent.
5. Contacting the offender
The system will contact the offender according to the identification details provided to it by the user.
The system will make the contact discreetly and in accordance with the user's instructions.
The user may cancel his request to contact the offender at any time.
6. Digital mediation
If the user requests the system to conduct a digital mediation process, the system will send a computerized message to the other party to request his consent to the mediation process. Digital
The mediation process will be conducted without any meeting between the parties, with each party conducting a digital process with the system to clarify their needs and desires.
The system's algorithm will assist the parties in closing the gaps between them and will be able to offer a system proposal to end the agreement with a compromise based on agreements reached in previous cases with similar parameters.
The mediation process will be conducted online, using a secure platform that will be breached by the system.
The user and the offender will be allowed to participate in the mediation process using a computer, tablet or smartphone.
The system will not be responsible for the results of the mediation process.
7. Compensation
If the parties reach a compensation agreement as part of the mediation process, the system will collect the system's fee from the agreed amount.
The system will transfer the remaining agreed amount to the victim.
The victim may waive receiving compensation at any time, and then the compensation will be transferred to a sexual victim assistance fund at the discretion of the system.
8. User Update
The system will update the user regularly on the progress of the process.
The user may contact the system at any time with questions or requests.
9. Acceptance of a Judgment for a Mediation Agreement
The parties agree that it will be possible to submit a request to the competent court to approve a mediation agreement reached between them through the system and to give it the effect of a judgment.
A request to approve a mediation agreement will be submitted by both parties jointly and under their responsibility.
The court may approve the mediation agreement and give it the effect of a judgment, if it finds that it was reached freely and without coercion, and that it complies with the provisions of the law.
A judgment given on the basis of an approved mediation agreement will have the same binding effect as any other judgment given by the court.
This section does not constitute a substitute for legal advice.
Before submitting a request to approve a mediation agreement and give it the effect of a judgment, it is recommended to consult with a lawyer.
10. Referral to an expert legal expert
The system will be able to refer the user to an expert legal expert in the field of sexual assault/harassment.
The referral will be made at the user's request digitally
The system will not be responsible for the results of the consultation with the legal expert.
It is important to note:
The system does not provide legal advice.
The referral to an expert legal expert is intended to help the user obtain additional information about his rights and the options for action available to him.
The user may contact another legal expert of his choice.
11. Liability
The system will be liable for damages caused to the user as a result of negligence on its part.
The system will not be liable for damages caused to the user as a result of events beyond its control.
The system is not a judicial system and does not express an opinion regarding the reliability of the versions and does not replace the legal authorities.
The submission of a mediation agreement to obtain the validity of a judgment is not the responsibility of the system.