תנאי שימוש

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "user", "customer") and Sacred Notes ("we", "us", "our", "the Company") governing your access to and use of the website sacrednotes.org and all related services (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, PLACING AN ORDER, OR CLICKING "I AGREE," YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. If you do not agree to these Terms, do not use the Service.

We reserve the right to modify these Terms at any time. Continued use of the Service after any modification constitutes acceptance of the updated Terms.

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding contract in your jurisdiction to use the Service. By using the Service, you represent and warrant that you meet these requirements. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

3. Description of Service

Sacred Notes provides a physical delivery service only. Upon receipt of your submission and payment, we will print your note and place it at the Western Wall (Kotel) in Jerusalem, Israel. The Service consists exclusively of the physical act of printing and placing a piece of paper at the Wall. Nothing more.

Our services currently include: Basic Delivery (one-time, single note), Family Package (one-time, two notes), Monthly Subscription (recurring monthly placement), and Rabbi Blessing Video (personalised video recording by a rabbi). Each service is subject to the relevant terms below.

4. No Religious, Spiritual, or Outcome Warranty

THE COMPANY MAKES ABSOLUTELY NO RELIGIOUS, SPIRITUAL, METAPHYSICAL, OR OUTCOME-BASED REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We do not represent, warrant, promise, or guarantee:

• That placing your note at the Western Wall will produce any spiritual, religious, emotional, psychological, physical, financial, or other outcome or result;
• That any prayer, wish, request, or intention expressed in your note will be answered, fulfilled, or heard by any deity, spiritual entity, or higher power;
• The spiritual "efficacy," "power," "sanctity," or "blessing" of the Service;
• Any connection between the Service and any religious authority, institution, tradition, or doctrine;
• That the Service is endorsed by, affiliated with, or approved by any religious organisation, the Western Wall Heritage Foundation, the Israeli government, or any other body.

You acknowledge that you are purchasing a physical delivery service and that any religious or spiritual significance you attach to that service is entirely your own personal belief. You expressly waive any claim arising from expectations of a spiritual or religious outcome.

5. Delivery

We aim to deliver notes within 3-7 business days of receiving verified payment. Estimated timeframes are not guaranteed and may be affected by Israeli public holidays, Jewish holy days, Shabbat, adverse weather, security situations, site closures, access restrictions, or other circumstances beyond our reasonable control.

We cannot guarantee the precise placement location within the Wall, as available crevices change daily and are subject to site conditions. Notes are placed respectfully and with care, but the exact position is at the discretion of our delivery team.

Video confirmation is provided on a best-efforts basis. Technical issues, site restrictions, or poor lighting may occasionally prevent video capture. In such cases, photographic or written confirmation may be provided instead. Failure to provide a video confirmation does not entitle you to a refund if the note has been placed.

6. Rabbi Blessing Service

The Rabbi Blessing Service provides a personalised video recording by a named rabbi. By purchasing this service, you acknowledge and agree that:

• The blessing is a personal expression of the rabbi's goodwill and does not constitute a guarantee of any spiritual, religious, or practical outcome;
• The specific rabbi selected may be unavailable due to illness, travel, religious observance, or other reasons beyond our control. In such cases, we will offer a comparable alternative or a full refund;
• Delivery of the video may take up to 14 business days from the date of purchase;
• Any photograph you upload is used solely for the purpose of this service and will not be shared publicly or retained beyond 90 days after delivery.

7. Content Guidelines & Right to Refuse

You are solely responsible for the content of your note or message. All content must be lawful in your jurisdiction and in Israel. We reserve the absolute right, in our sole discretion and without prior notice, to refuse, reject, or decline to place any note or record any blessing that we determine, in our sole judgment, to contain:

• Hate speech, incitement, or content targeting any person, group, religion, ethnicity, or nationality;
• Threats, harassment, or defamatory content;
• Obscene, pornographic, or sexually explicit material;
• Content that is illegal under Israeli law or the laws of your country;
• Spam, commercial solicitations, or content submitted in bad faith.

If we decline to place your note for any of the above reasons, you will receive a full refund of the applicable service fee. Our decision is final. You agree not to resubmit rejected content.

8. Payments, Fees & One-Time Refunds

All payments are processed securely by PayPal, Inc. Prices are displayed and charged in USD. By completing a purchase, you authorise the stated payment to be charged to your PayPal account or payment method.

Refund policy for one-time services:

• A full refund will be issued if you cancel your order before your note has been printed and dispatched for placement.
• No refund will be issued once your note has been placed at the Western Wall or once the rabbi recording has been completed.
• If we are unable to deliver your note due to circumstances within our control, you will receive a full refund.
• Refunds will be returned to the original payment method within 5-10 business days.

To request a refund, email billing@sacrednotes.org with your order reference number. Chargebacks initiated without first contacting us may result in suspension of your account and recovery of associated fees.

9. Monthly Subscription Terms

9.1 Description

The Monthly Subscription provides one note placement per calendar month at $36.00 USD/month on a 12-month minimum commitment ($432.00 total), billed monthly.

9.2 Commitment & Auto-Renewal

By subscribing, you agree to pay 12 consecutive monthly charges of $36.00 USD regardless of usage. After the initial 12-month term, the subscription automatically renews monthly at the same rate until cancelled. You may not cancel or obtain a refund for any individual monthly charge within the committed term.

9.3 Monthly Submission

After each successful payment, you will receive a unique submission link valid for 10 days. If unused within 10 days, your most recent note will be resubmitted. Links are personal, non-transferable, and single-use.

9.4 Cancellation of Auto-Renewal

You may cancel auto-renewal at any time by emailing billing@sacrednotes.org at least 7 days before your renewal date. Cancellation takes effect at the end of the then-current 12-month term. All payments due within the active term remain payable.

9.5 Failed Payments

If payment fails after three attempts, your subscription will be suspended with no placement for that month. You may reactivate at any time. Missed placements due to failed payment are not carried forward and are not refunded.

9.6 Price Changes

We may change the subscription price on at least 30 days' written notice by email. Continued use after the effective date constitutes acceptance. You may cancel before the new price takes effect without penalty.

10. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR RESULTS OBTAINED THROUGH THE SERVICE;
• ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

No advice or information, whether oral or written, obtained from us or through the Service shall create any warranty not expressly stated in these Terms.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, EMOTIONAL DISTRESS, RELIGIOUS DISAPPOINTMENT, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE;
• THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE 90 DAYS PRECEDING THE CLAIM, OR (B) USD $50.00.

These limitations apply regardless of the legal theory under which the claim arises (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for certain damages; in such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any content you submit through the Service; or (e) any claim by a third party related to your submission or use of the Service.

13. Dispute Resolution & Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service that cannot be resolved informally (see Section 14) shall be finally resolved by binding individual arbitration rather than in court. YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (if you are a consumer) or Commercial Arbitration Rules (if applicable), which are available at www.adr.org. The arbitration shall be conducted by a single neutral arbitrator. The seat and location of arbitration shall be Las Vegas, Nevada, USA, though you may elect to participate by telephone or videoconference.

The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these Terms, including the arbitration agreement. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction solely to prevent irreparable harm pending the appointment of an arbitrator, without waiving the right to arbitration.

This arbitration clause does not apply to: (a) small claims court actions within the applicable jurisdictional limits; or (b) users located in the EU/EEA or UK where mandatory consumer protection laws guarantee court access rights that cannot be contractually waived.

14. Informal Dispute Resolution

Before initiating arbitration or legal proceedings, you agree to first contact us at legal@sacrednotes.org and give us 30 days to attempt to resolve the dispute informally. We will similarly attempt to resolve any disputes we have with you informally before pursuing formal proceedings.

15. CLASS ACTION WAIVER

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

16. Force Majeure

The Company shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from causes beyond our reasonable control, including but not limited to: acts of God; natural disasters; pandemics or public health emergencies; war, terrorism, or civil unrest; actions of governmental or military authorities; closure or restriction of access to the Western Wall by any authority; strikes or labour disputes; internet or infrastructure failures; or any other event beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, we will notify you as soon as practicable. If the Force Majeure Event continues for more than 60 days, either party may terminate the affected order with a full refund of any unperformed services.

17. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.

18. Intellectual Property

All content on the Service, including text, graphics, logos, and software, is the property of the Company or its licensors and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our express written permission.

19. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, all licences granted to you under these Terms will immediately cease. Sections 4, 10, 11, 12, 13, 15, and 20 shall survive termination.

20. Governing Law & Venue

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Nevada, USA, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

Subject to the binding arbitration clause in Section 13, you irrevocably consent to the exclusive personal jurisdiction and venue of the federal and state courts located in Clark County, Nevada, USA for any claim that is not subject to arbitration. You waive any objection to such jurisdiction and venue, including any objection based on inconvenient forum.

Nothing in these Terms affects any non-waivable statutory rights you may have as a consumer under the laws of your country of residence.

21. General Provisions

Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Entire Agreement: These Terms, together with the Privacy Policy and any other policies incorporated herein, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior agreements, representations, and understandings.

Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely, including in connection with a merger, acquisition, or sale of assets.

No Agency: Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and the Company.

22. Contact

For any questions, legal notices, or concerns regarding these Terms:

• General enquiries: hello@sacrednotes.org
• Billing & subscriptions: billing@sacrednotes.org
• Legal & disputes: legal@sacrednotes.org
• Privacy: privacy@sacrednotes.org