Terms of Service and Website Terms of Use

OctoMonic (Tom Levi), Licensed Dealer (עוסק מורשה) no. 302148911
Version 2.0 · Effective: 20 August 2026

The Hebrew version of these Terms is the binding version. This English version is a
complete and faithful translation with identical numbering, provided for English-speaking
customers. Where our marketing approach to you was made in English, it constitutes full
and binding disclosure to you under section 14C(b) of the Israeli Consumer Protection Law,
5741-1981. Nothing in this translation grants you fewer rights than the Hebrew version;
where a difference exists in respect of a customer approached in English, the more
favourable text applies.

1. Business Details

1.1. The website octomonic.com (the "Website") is operated by:

(the "Provider", "OctoMonic" or "we").

1.2. These details are provided pursuant to the disclosure duty in section 14C(a)(1) of the Consumer Protection Law, 5741-1981 (the "Consumer Protection Law" or the "Law"). They appear in the footer of every page of the Website, on the contact page, on the payment page, and on every invoice, receipt and payment notice sent to the customer.

1.3. These Terms are drafted in the masculine for convenience only and address all genders equally. Headings are for navigation only and carry no interpretive weight.

1.4. These Terms, together with OctoMonic's Privacy Policy and any individual quotation or engagement agreement signed between the parties, constitute the entire agreement. In the event of conflict between these Terms and a signed individual agreement, the individual agreement prevails — provided that nothing in it derogates from any right conferred on a Consumer by the Consumer Protection Law, the regulations made under it, or any other mandatory law. Such rights override any waiver or contrary agreement, per section 36 of the Law and clause 9.10 below.

2. Definitions

2.1. "Consumer" — as defined in section 1 of the Consumer Protection Law: a person who purchases a service from the Provider in the course of the Provider's business, for use that is primarily personal, domestic or family use.

2.2. "Business Customer" — a company, partnership, association, licensed dealer or exempt dealer, or any other person purchasing a service for the purposes of its business, trade or profession.

2.3. "Customer" — a Consumer or a Business Customer, as applicable. A customer's classification is determined by the declaration made in the buyer-type selector at checkout; absent a declaration, the customer is treated as a Consumer. Where a customer declared a business purchase but the actual use is primarily personal, domestic or family use, the statutory test governs and the customer is a Consumer notwithstanding the declaration.

2.4. "Distance Sale Transaction" — an engagement for the supply of a service made following distance marketing, without the joint presence of the parties, including any engagement made through the Website.

2.5. "Continuing Transaction" — a transaction for the ongoing purchase of services, as defined in section 13C of the Law, including the monthly maintenance retainer described in clause 4.7.

2.6. "Rest Days" — Saturday (Shabbat) and Jewish festivals, and for a non-Jewish person, that person's own days of rest. Friday and Sunday are NOT rest days for the purposes of these Terms.

2.7. "Business Days" — Sunday to Thursday, excluding rest days, festival eves and intermediate festival days.

3. Legal Capacity and Age

3.1. The services offered on the Website are intended for persons aged 18 and over.

3.2. You may purchase on the Website if all of the following apply:

3.2.1. you are at least 18 years old;
3.2.2. you are legally competent to enter into binding transactions, have not been declared legally incompetent and have not had a guardian appointed;
3.2.3. you hold a valid identity card or other official identity document issued by a competent authority, or an entity registration number;
3.2.4. you hold a valid payment method that we accept.

3.3. Where a purchase has been made by a minor (under 18), it requires the express prior consent of a parent or legal guardian. Under the Legal Capacity and Guardianship Law, 5722-1962, a minor's legal act may be voided by their lawful representative; we will honour such a rescission and refund the full amount paid without deduction, provided written notice is sent to the email address in clause 1.1.

3.4. We may require age and identity verification as a condition of supply, and may decline to supply a person who does not meet this clause, refunding in full any amount paid.

3.5. We do not knowingly collect personal data about persons under 18. If you believe such data has been provided to us, contact us and we will delete it, subject to statutory record-retention duties.

4. The Services

OctoMonic provides professional consulting, specification and development services in automation and software. All offerings are professional services. There are no physical goods, no shipping and no delivery charges. Services are marketed and sold in Israel only.

4.1. Introductory call — an initial 5–10 minute call, free of charge, to assess fit. Not advice.

4.2. Paid consultation / initial scoping call — a 30-minute call with Tom Levi, by video or telephone, at a pre-booked time. Deliverables: verbal recommendations and a short email summary.

4.3. Specification / feasibility document (אפיון) — a written document containing a functional specification, proposed architecture, technical feasibility assessment and scope estimate; delivered as a file by email. The delivery date will be fixed and given to the customer in writing at the end of the intake call, and it is "the time at which the service is to be supplied" for the purposes of section 14C(c)(2) of the Law.

4.4. Workspace setup — set-up, configuration and implementation of a working environment, tools and automations, at the customer's premises or remotely, to a scope defined in an individual quotation. Where a performance date is fixed, it will be given in writing and will be the time at which the service is to be supplied.

4.5. Workshops and training — professional workshops priced per participant. The date, location, delivery mode and maximum participant count are published for each workshop.

4.6. Custom software development projects — development of a system or software component to the customer's requirements, based on an agreed specification. The service is a professional development service; the delivery date of each milestone will be set out in the engagement agreement and given to the customer in writing.

4.7. Monthly maintenance retainer — ongoing maintenance, support, monitoring and updates supplied on a continuing monthly basis. This is a "Continuing Transaction" under section 13C of the Law, and the cancellation rights in clause 9.9 apply to it.

4.7.1. Disclosure under section 13C(b)–(d) of the Law — Continuing Transaction

The following particulars are given together, specially emphasised, in clear legible type, as required by section 13C(c). They are also given orally before the engagement, and in the transaction details document and order confirmation, as permitted by section 13C(d).

(1) Right of cancellation. The retainer is a Continuing Transaction. The Consumer may cancel it at any time, with no time limit and without giving a reason — whether or not supply has begun.
(2) Term. The retainer is open-ended and has no fixed end date. A fixed-term retainer is sold only under an individual agreement; where it is, the agreement will expressly state the term and its end date.
(3) Payments due on cancellation. The only payment due on cancellation is the pro-rata consideration for the service actually supplied up to the Cancellation Date. Calculation: monthly retainer fee ÷ number of days in that billing month × number of days elapsed in the billing month to the Cancellation Date.
(4) There is no exit fee, no cancellation penalty, no minimum commitment period and no notice period in an engagement with a Consumer.

4.8. The service descriptions on the Website constitute the disclosure of the main characteristics of the service required by section 14C(a)(2). The precise scope of each engagement is set out in the quotation or individual agreement.

5. Prices, VAT and Payment Terms

5.1. All prices displayed on the Website are stated in New Israeli Shekels only and are the total price — inclusive of Value Added Tax and every other compulsory charge, per sections 17A and 17D of the Law. There are no additional fees, commissions or incidental costs beyond the price displayed.

5.2. The VAT rate included in the displayed prices is 18%, being the rate fixed by order under section 2 of the Value Added Tax Law, 5736-1975. A change in the VAT rate by law applies to transactions whose tax point — receipt of the consideration, under section 24 of the VAT Law — falls after the date of the change. A change in the VAT rate will not apply to a transaction whose consideration was paid in full before the change, and no top-up will be demanded from a customer who paid the total price displayed. In a Continuing Transaction, a price change resulting from a VAT rate change takes effect in the billing month following notice to the customer, and the customer may cancel per clause 9.9 or 10.6, as applicable.

5.3. Price list — all prices include VAT:

Any service that can be booked and paid for directly on the Website displays, on the booking page and the payment page, one exact total price — never a range. Ranges are shown only for services sold by individual quotation that cannot be purchased online.

5.4. Validity of the offer (section 14C(a)(5)): prices displayed on the Website are valid until changed on the Website. A price stated in an individual quotation is valid for 30 days from issue unless stated otherwise. A price change on the Website does not apply to a transaction already concluded.

5.5. Payment methods. Payment is made by payment card through a secure gateway (Grow / Green Invoice), or by bank transfer in individual engagements. The full card number is supplied directly to the payment provider, is not stored on OctoMonic's servers, and is not disclosed to us.

5.6. Invoice. For every payment a tax invoice-receipt is issued automatically on payment confirmation and sent to the email address provided, and in any event no later than 14 days from the tax point, per sections 24, 45 and 46(a) of the VAT Law. The invoice states the Provider's name and address, the words "עוסק מורשה", business number 302148911, a description of the service, the amount excluding VAT, the VAT amount and rate, and the total.

5.7. Allocation number. For a tax invoice or tax invoice-receipt exceeding ₪5,000 before VAT, an Israel Tax Authority allocation number is required for the buyer to deduct input VAT, under section 38(a1) of the VAT Law. A Business Customer wishing to deduct input VAT on such an invoice must provide its business / company number at the time of ordering, and OctoMonic will obtain the allocation number and state it on the invoice, per section 47(a2)(1). In practice this threshold is relevant to development projects and any invoice above ₪5,000 before VAT; services purchased directly on the Website fall below it.

5.8. Quotations to Business Customers. In individual quotations and contracts addressed exclusively to Business Customers, prices may be stated exclusive of VAT with VAT added. Everywhere on the Website that addresses the public — including the services page, pricing page, booking page and payment page — only the total inclusive price is displayed.

5.9. Cash. Under the Law for the Reduction in the Use of Cash, 5778-2018, we cannot accept cash exceeding the lower of ₪6,000 or 10% of the transaction price.

6. Placing an Order and Confirmation

6.1. Orders are placed through the order form on the Website. You must provide accurate, complete and correct details. Providing false or incorrect details may prevent supply of the service and prevent us contacting you. Nothing in this clause derogates from the cancellation and refund rights in clause 9 below and in the Consumer Protection Law, and the foregoing does not apply in the cases prescribed by law.

6.2. As a condition of payment you must tick one checkbox — not pre-ticked — confirming that you have read and agree to these Terms (including the cancellation policy and the privacy chapter) and the Privacy Policy. The checkbox sits above the pay button, and the pay button is inactive until it is ticked. Two live links — to the Terms and to the Privacy Policy — are shown adjacent to the checkbox and open in a new tab.

6.3. Consent to marketing is collected in a separate, optional checkbox that is not pre-ticked and is not a condition of ordering. Accepting these Terms does not constitute consent to receive advertising.

6.4. Buyer-type selector. At checkout you must declare whether you are purchasing as a private individual for primarily personal, domestic or family use, or for a business for the purposes of your trade — and in the latter case provide a company / business number. The declaration is stored with the order. Absent a declaration, you are treated as a Consumer (clause 2.3).

6.5. For every order we record: the acceptance timestamp (server clock, in Israel local time and UTC), the IP address from which it was given, the user agent, the version of the Terms and of the Privacy Policy accepted, the interface language, the declared buyer type, and marketing consent if given. This record is retained for 7 years and is evidence of acceptance.

6.6. The transaction is concluded only upon authorisation by the card company / payment gateway and dispatch of an order confirmation email. The order confirmation, together with these Terms, constitutes the written document required by section 14C(b) of the Law, and is supplied in Hebrew — or in English, where the marketing approach to you was made in English.

6.7. We may decline an order for any reasonable cause, including lack of professional fit, conflict of interest, unavailability or suspected misuse. In such a case the transaction is cancelled and the full amount refunded within 7 days without deduction.

7. Service Delivery Policy

7.1. There are no physical goods, no physical shipping and no delivery charges. All services are delivered digitally, by telephone, or in person at the customer's premises.

7.2. Delivery times and methods (section 14C(a)(4)):

7.3. The periods above run from receipt of payment, provided the customer has supplied all materials, access and information required. Delay caused by the customer's failure to supply materials, unavailability for meetings, or force majeure postpones delivery accordingly, and we will notify the customer in writing.

7.4. Failure to supply by the delivery date given to the customer is a breach of the transaction and entitles a Consumer to cancel and receive a full refund with no cancellation fee, per clause 9.7.

7.5. Postponement or cancellation by OctoMonic. If we cannot supply at the agreed time, we will offer an alternative date within 14 days, or a full and immediate refund, at the customer's election.

8. Service Quality and Customer Cooperation

8.1. Services will be performed with reasonable professional skill and in accordance with the service description provided to the customer.

8.2. The customer will make available, at reasonable times and in a reasonable manner, the information, materials, permissions and system access required, and will designate a single authorised point of contact.

9. Cancellation — Customers who are Consumers

Important: This section confers rights on Consumers — persons purchasing for primarily personal, domestic or family use. Purchases by a Business Customer are governed by section 10; however, if the buyer is in fact a Consumer, this section 9 applies and overrides section 10 in full.

9.1. Source of the right

The rights below arise under sections 14C(c)(2), 14C1(c), 13D(c) and 14E of the Consumer Protection Law, which apply to distance sale transactions.

9.2. How to give notice of cancellation (section 14T(a))

A Consumer may give notice of cancellation by any of the following, at their choice. No channel is preferred and no channel is subject to any precondition:

No particular form is required. You do not have to give a reason, complete a form, or log in to any account.

9.2.1. Where else this information appears (sections 14T(d)–(f)). The cancellation channels, the contact details for each of them, and the details the Consumer must include in the notice appear — adjacent to each other, specially emphasised, in clear and legible type — also in the following places:

(a) on the homepage of the Website, immediately adjacent to the dedicated "Cancel a Transaction" link;
(b) in every invoice, receipt or payment notice sent to the customer;
(c) on the payment page.

This information is given in writing no later than the time of supply of the service.

9.3. Content of the notice (section 14T(c))

State your name and identity number only. If notice is given orally, also state one further identifying detail, if one was agreed at the time of engagement. Nothing further will be required as a condition of a valid cancellation.

9.4. Cancellation periods by service

"Days that are not Rest Days": Rest Days are Saturday and Jewish festivals. Friday and Sunday are not Rest Days.

Worked example: A Consumer books, on a Monday, a consultation scheduled for Sunday at 10:00. The days preceding the appointment that are not Rest Days are Friday and Thursday. The transaction may therefore be cancelled up to the end of Thursday — provided 14 days have not elapsed since the booking.

9.5. Extended cancellation window — persons with disability, senior citizens and new immigrants (section 14C1)

9.5.1. A Consumer who is a person with a disability (as defined in the Equal Rights for Persons with Disabilities Law, 5758-1998), a senior citizen (aged 65 or over) or a new immigrant (within 5 years of the issue of an immigrant certificate or eligibility certificate by the Ministry of Aliyah and Integration) may cancel within four months of the date of the transaction, the date of receipt of the deliverable, or the date of receipt of the transaction details document, whichever is later.

9.5.2. This right is conditional on the engagement having included a conversation between the Provider and the Consumer, including a conversation by electronic communication. Most OctoMonic engagements include such a conversation — an introductory call, a consultation or a video call.

9.5.3. We may require the presentation of one certificate only evidencing the status, and no further proof will be demanded. For disability, a certificate evidencing disability for a period exceeding six months, issued by a body legally competent to determine it.

9.5.4. All other provisions of this section — channels, content of the notice, cancellation fees, refund timing and method — apply equally to cancellation under this clause.

9.6. Cancellation fee where cancellation is not due to a defect or breach

9.6.1. Where a Consumer cancels other than by reason of a defect, non-conformity or breach by OctoMonic, we may charge a cancellation fee not exceeding the lower of 5% of the transaction price or ₪100 (section 14E(b)(1)).

9.6.2. "Transaction price" means the total price paid by the Consumer, including VAT.

Examples (OctoMonic prices, VAT inclusive): Consultation at ₪250 — maximum fee ₪12.50. Specification document at ₪1,500 — ₪75. Specification document or workspace setup at ₪2,500 — 5% is ₪125, so the maximum fee is ₪100. Retainer at ₪3,000 — ₪100. Development project at ₪30,000 or ₪50,000 — ₪100.

9.6.3. The cancellation fee is all-inclusive. It includes every expense whatsoever, including payment-gateway commissions, card fees, administrative costs, handling charges and time already spent (section 14E(d)). No further amount whatsoever will be charged to the Consumer.

9.6.4. Where a Continuing Transaction is cancelled after supply has begun, the Consumer additionally pays the pro-rata consideration for the service actually supplied up to the Cancellation Date, and no more (section 14E(b1)).

9.7. Cancellation due to defect, non-conformity or breach

Where cancellation follows a defect in the service, a non-conformity between the service and the details disclosed under sections 14C(a) or 14C(b), failure to supply at the agreed time, or any other breach of the transaction by OctoMonic — the full amount paid will be refunded within 14 days of receipt of the cancellation notice, and no cancellation fee whatsoever will be charged (section 14E(a)(1)).

9.8. Refund timing and method

9.8.1. We will refund the amount paid within 14 days of receipt of the cancellation notice, using the same payment method used for the transaction.

9.8.2. For a workshop or training session, the refund will be made at the time of cancellation where possible, and in any event no later than 7 business days. We undertake to the more favourable of the two timetables.

9.8.3. Where cancellation is on grounds of misleading conduct or exploitation of distress under section 32(b) of the Law, the refund will be made within 7 days of receipt of the notice.

9.8.4. We will cancel the payment card charge and provide the Consumer with a copy of the charge-cancellation notice.

9.8.5. The refund will not be conditioned on returning or deleting any deliverable, signing any form, or on any other condition.

9.8.6. Credit invoice. For every refund a credit invoice (חשבונית זיכוי) will be issued against the original document and sent to the customer together with the copy of the charge-cancellation notice.

9.9. Cancelling a Continuing Transaction — the monthly maintenance retainer (section 13D(c))

The section 13C disclosure for the retainer appears at clause 4.7.1 above, specially emphasised.

9.9.1. A Consumer may cancel a Continuing Transaction at any time, with no time limit and without giving a reason — whether or not supply has begun.

9.9.2. The engagement terminates within three business days of delivery of the cancellation notice; if given by registered mail, within six business days of posting; or on a later date specified by the Consumer in the notice (the "Cancellation Date").

9.9.3. On the Cancellation Date supply ceases, and the Consumer will not be charged for any service supplied after that date.

9.9.4. For the period up to the Cancellation Date the Consumer pays the pro-rata consideration only, for the service actually supplied, calculated as: monthly retainer fee ÷ days in the billing month × days elapsed to the Cancellation Date.

9.9.5. There is no minimum commitment period, no exit fee, and no notice period beyond that prescribed by law, in an engagement with a Consumer.

9.10. Supremacy of the Law

9.10.1. Nothing in this section, elsewhere in these Terms, on the Website, in a quotation, on an invoice or in any other document derogates from the mandatory cancellation rights conferred by the Consumer Protection Law and the regulations made under it. Any notice or term stating that there is no right of cancellation or no refund does not apply in the cases prescribed by law (section 2(b2) of the Law).

9.10.2. In any conflict between these Terms and the Consumer Protection Law — the Law prevails (section 36).

10. Cancellation — Business Customers (contractual policy)

10.0. Application. Section 10 applies only to a Business Customer. If the buyer is in fact a Consumer, section 9 applies and overrides section 10 in full. Absent a classification declaration at checkout, the buyer is treated as a Consumer. Nothing in section 10 derogates from any cancellation or refund right conferred by law, and nothing in it applies in the cases prescribed by law.

10.1. The terms below are contractual terms set by OctoMonic, applying where no signed individual agreement provides otherwise.

10.2. Paid consultation. Cancel or reschedule free of charge up to 24 hours before the scheduled time, with a full refund. Cancellation within 24 hours, or a no-show — the fee is retained, but the customer is entitled to one alternative slot at no additional charge within 60 days. Nothing in this clause derogates from any cancellation or refund right conferred by law, and it does not apply in the cases prescribed by law.

10.3. Specification document and workspace setup. Cancellable at any time before work commences, with a full refund. After work commences, the customer is charged the pro-rata value of work actually performed to the cancellation date and the balance is refunded. No further cancellation fee applies.

10.4. Workshops. Cancellation more than 14 days before the workshop — full refund. Between 14 and 7 days before — 50% refund. Less than 7 days before — no refund, but the place may be transferred to a substitute participant or to a future workshop, subject to availability. Nothing in this clause derogates from any cancellation or refund right conferred by law, and it does not apply in the cases prescribed by law.

10.5. Development projects. Per the engagement agreement and its milestones. Absent an agreement, the customer is charged the pro-rata value of work actually performed, and interim deliverables are handed over against that payment.

10.6. Monthly maintenance retainer. Terminable by either party on 30 days' written notice. Service continues through the notice period and is charged for. No exit fee is charged.

10.7. Where the engagement is terminated by reason of a breach by OctoMonic, the Business Customer is refunded in full for any service not supplied, without deduction.

10.8. Deposit. Where a deposit is taken on a business engagement, it is paid for reserving the work dates, allocating professional time and planning ahead, and is treated as earned on confirmation of the order. Where the Business Customer terminates other than by reason of a breach, defect or non-conformity by OctoMonic, the deposit is not refunded, and is set off against any amount due for work actually performed up to termination. Where the engagement is terminated by reason of a breach by OctoMonic, or the service is not supplied, the deposit is refunded in full under clause 10.7. This clause does not apply to a Consumer and does not derogate from the cancellation and refund rights under clause 9 above or under any law.

10.8. A credit invoice is issued against the original document for any refund to a Business Customer as well.

11. Service Warranty

11.1. Pursuant to section 14C(b)(5) of the Law, the following sets out the warranty applying to the services. The Consumer Protection (Warranty and After-Sale Service) Regulations apply to goods and do not apply to services; the warranty below is accordingly a full and binding contractual warranty.

11.2. General undertaking. We warrant that the service will be performed with reasonable professional skill and in accordance with the service description provided to the customer before the engagement and in the transaction details document.

11.3. Specification document. For 30 days from delivery, OctoMonic will correct at no additional charge any reported non-conformity between the document and the requirements agreed in writing. In addition, every specification document includes one round of revisions and clarifications at no charge, within 14 days of delivery.

11.4. Development projects. For 90 days from delivery, we will correct at no charge any fault or defect in code written by us that causes the deliverable not to operate in accordance with the agreed specification. Corrections will be made within a reasonable time of being reported.

11.5. Workspace setup. For 30 days from completion, we will correct at no charge any fault in configurations or automations implemented by us.

11.5a. Nature of the periods in clauses 11.3–11.5. The periods in clauses 11.3–11.5 are periods during which correction is performed at no additional charge. They do not shorten any limitation period, do not derogate from any right or remedy available to the customer at law, and do not derogate from the cancellation rights in clause 9 above — including the right of cancellation under section 14C1 of the Law.

11.6. Maintenance retainer. Coverage scope, response times and monthly request volumes are set out in the retainer quotation. By default the service includes fault handling, routine maintenance updates and support for operational questions.

11.7. Reporting a fault. Report to tom@octomonic.com with a description of the fault, when it arose and how to reproduce it. We will acknowledge receipt within one business day.

11.8. Warranty exclusions. The warranty does not cover:

11.8.1. changes made to the deliverable by the customer or a third party on its behalf;
11.8.2. faults arising from a change in a third-party service, an external API or a platform provider's policy — provided the change is outside OctoMonic's reasonable control and was not reasonably foreseeable at design time;
11.8.3. faults arising from incorrect, missing or corrupt data supplied by the customer;
11.8.4. faults in the customer's infrastructure, hardware, network or operating systems;
11.8.5. requests to change or extend functionality, as distinct from correcting a defect.

11.9. No guarantee of business outcome. The services are professional consulting and development services. We do not guarantee any particular business, financial or operational outcome, profit, saving, sales volume or project success.

11.10. Right to cancel for non-conformity. Where the service was not supplied in accordance with its description, or a defect is not corrected within a reasonable time, a Consumer may cancel and receive a full refund within 14 days, with no cancellation fee, per clause 9.7.

12. Limitation of Liability

⚠️ 12.0. What clause 12 does not limit — read this first

Clause 12 as a whole does not apply, and does not limit OctoMonic's liability, in any of the following:
(1) death or personal injury;
(2) an act or omission committed wilfully or with gross negligence;
(3) breach of the confidentiality undertaking in clause 13.8;
(4) infringement of a third party's intellectual property rights in a deliverable supplied to the customer;
(5) any liability that may not be excluded or limited by law.
Nor does clause 12 derogate from a Consumer's cancellation and refund rights under clause 9.

12.1. Subject to clause 12.0, to applicable law and to a Consumer's mandatory rights, OctoMonic's total liability arising out of any engagement, whether in contract, tort or otherwise, will not exceed the higher of (a) the amount actually paid for that engagement, or (b) ₪10,000.

12.2. Subject to clause 12.0, OctoMonic will not be liable for indirect or consequential loss, including loss of profit, loss of business opportunity, loss of goodwill or loss of data — save for loss of data caused directly by OctoMonic's negligent act or omission.

12.3. Clauses 12.1 and 12.2 are wholly subject to clause 12.0. These Terms are a standard-form contract within the meaning of the Standard Contracts Law, 5743-1982; if a term in clause 12 is found to be unduly disadvantageous it will be voided or varied in accordance with law, and the remaining provisions will stand.

12.4. Backups. The customer is responsible for maintaining a current backup of its systems and data before any work is performed on live systems. We will act with reasonable care but will not be liable for data loss that a reasonable backup would have prevented.

12.5. Force majeure. Neither party is liable for delay or non-performance caused by circumstances beyond its reasonable control, including war, hostilities, a state of emergency, strike, natural disaster, or sustained failure of communications or power infrastructure. If such circumstances continue for more than 30 days, either party may terminate, and the customer is charged the pro-rata consideration only.

13. Intellectual Property

13.1. Customer deliverables — the customer owns them. All intellectual property rights in the bespoke deliverables created for the customer in the engagement — including the specification document, design documents, and code written specifically for the customer — are the customer's sole and exclusive property. The customer may use, modify, transfer to a third party, hand over to another supplier and further develop the deliverables, without restriction and without OctoMonic's consent.

13.2. When ownership passes. For a service paid in full in advance — including the consultation, the specification document and workspace setup — the customer owns the deliverable from the moment of delivery, and there is no stage at which its rights in the deliverable are limited. In an engagement where consideration is paid in stages or after delivery, intellectual property rights pass to the customer on completion of payment for that milestone, without any further act being required; until then the customer holds a licence to review and evaluate the deliverable. Nothing in this clause derogates from the cancellation rights in clause 9, and no refund is conditioned on returning or deleting a deliverable (clause 9.8.5).

13.3. OctoMonic background components. Notwithstanding clause 13.1, the following remain OctoMonic's exclusive property: tools, libraries, scripts, templates, methodologies, frameworks and generic code components developed by us before or independently of the engagement ("Background Components"). Where Background Components are incorporated into a deliverable, the customer is granted a worldwide, irrevocable, perpetual, transferable, assignable, royalty-free licence to use, modify and distribute them as part of the deliverable, so that the customer can operate, maintain and further develop the deliverable in full, including through another supplier. This licence is not conditional on the engagement continuing and is not revocable.

13.4. Know-how. Nothing here restricts OctoMonic's right to use the knowledge, experience, skills and general principles acquired in the course of the engagement, provided no confidential information of the customer is used and the bespoke deliverable itself is not reused.

13.5. Third-party and open-source components. Deliverables may include third-party or open-source components subject to their own licences. We will list material components and their licences in the handover documentation, and will not incorporate any component whose licence would prevent the customer's commercial use of the deliverable, without the customer's prior written consent.

13.6. The Website. All intellectual property rights in octomonic.com, its design, code, content, trade marks, logo and marketing materials belong to OctoMonic. They may not be copied, reproduced, distributed or commercially exploited without written permission.

13.7. Customer materials. All rights in materials, data, content and brand assets supplied by the customer remain the customer's. The customer grants OctoMonic a limited licence to use them solely to supply the service.

13.8. Confidentiality. Each party will keep confidential any non-public business, technical or financial information received from the other, and will not disclose it to a third party except as required to perform the service or by law. This obligation survives for 5 years after the end of the engagement, and indefinitely for trade secrets.

13.9. Portfolio.

13.9.1. Business Customer: OctoMonic may name the customer and describe the nature of the engagement in its portfolio and marketing materials, displaying non-confidential materials only. The customer may object in writing at any time, and the reference will be removed within 14 days.
13.9.2. Customer who is a Consumer: a Consumer's name will be used only after obtaining their prior, separate, express written consent. Consent may be withdrawn at any time, and removal will be made within 14 days.
13.9.3. An anonymised case study that does not identify the customer and contains no confidential information is permitted for any customer, and the customer may object to it in writing at any time.

14. Privacy and Data Protection — full chapter

This chapter stands on its own and contains the full disclosure required by section 11 of the Protection of Privacy Law, 5741-1981, including Amendment No. 13 (in force since 14 August 2025). The full Privacy Policy at octomonic.com/privacy expands on this chapter and forms an integral part of these Terms; in any conflict, the text more favourable to the data subject applies.

14.1. The controller

The controller of personal data collected on the Website is OctoMonic (Tom Levi), licensed dealer no. 302148911, Aminadav 2 Tel Aviv-Yafo, telephone 054-502-5008, email tom@octomonic.com. Privacy requests are handled directly by Tom Levi. OctoMonic is not required to appoint a Data Protection Officer under section 17B1 of the Law, as it falls within none of the categories listed there.

14.2. Providing data is voluntary — and the consequence of not consenting (section 11(1))

You are under no legal obligation to provide us with any personal data. Providing it depends entirely on your will and consent. If you do not provide a name, email and phone number in the contact form — we cannot get back to you. If you do not provide booking details — we cannot schedule. If you do not provide billing and identifying details on the payment page — we cannot process the payment, cannot issue the invoice the law requires, and cannot supply the service. If you do not consent to non-essential cookies — the Website functions fully, but we cannot measure usage. If you do not consent to marketing — we will not send you marketing, and this does not affect your ability to purchase.

14.3. Categories of data collected

(a) Data you provide: full name, email, telephone, business name, role and message content in contact and booking forms; full name, identity or company/business number, billing address, email, telephone, declared buyer type, service purchased and amount, at order and payment; business, technical and operational information, sample data and system access you provide during service delivery; the content of email, WhatsApp and other correspondence you initiate.
(b) Data collected automatically: IP address, browser type and operating system, device type, interface language, pages viewed, entry and exit times, referral source, and online identifiers in cookies and similar local storage. Following Amendment 13, an online identifier and an IP address are "personal data" where a person can be identified by them with reasonable effort.
(c) What we do not collect: we do not knowingly collect data of special sensitivity — medical

, genetic, biometric, ethnic origin, political opinions or religious beliefs, criminal record, or precise location data; and we do not knowingly collect data about persons under 18.

(d) Card details: the full card number is supplied directly to the payment provider, is not stored on OctoMonic's servers and is not disclosed to us.

14.4. Purposes of use (sections 8(b) and 11(2))

Data is used solely for: (1) responding to enquiries and scheduling calls and meetings; (2) preparing quotations and entering into transactions; (3) delivering the services purchased; (4) processing payment, issuing invoices and receipts, and meeting reporting duties to the Israel Tax Authority; (5) customer relationship management and post-delivery support; (6) securing the data and the Website, detecting faults and preventing fraud and misuse; (7) improving the Website on the basis of aggregate usage data; (8) sending marketing — only to those who gave express, separate, prior consent; (9) complying with legal obligations and defending our legal rights. We do not sell personal data, do not rent it, and do not transfer it to third parties for their own marketing purposes.

14.5. Recipients (section 11(3))

An up-to-date list of processors is available on request at tom@octomonic.com.

14.6. Transfers outside Israel

Some providers store and process data on servers outside Israel — principally in the United States, Ireland and the European Union. Transfers are made under the Protection of Privacy (Transfer of Data to Databases Abroad) Regulations, 5761-2001, relying primarily on Regulation 2(4) — a contractual undertaking by the recipient to comply, mutatis mutandis, with the conditions applicable to a database in Israel (data processing agreements); additionally on Regulation 2(8) for EU Member States; and on Regulation 2(1) — your consent — as a secondary basis only. We work to obtain and file, from each recipient that offers one, a written undertaking under Regulation 3; we make no representation that such an undertaking has been obtained from every recipient. If you do not wish your data to be transferred outside Israel, contact us — but without these infrastructure providers we will in most cases be unable to supply the service.

14.7. Cookies

We use cookies and similar local storage. Strictly necessary cookies (session management, security, remembering your language and cookie preference) are always active and require no consent. Performance/statistics cookies and marketing/personalisation cookies require consent. On your first visit a cookie notice lets you accept or reject non-essential cookies; rejecting is as simple and accessible as accepting. Your choice is stored for 12 months and can be changed at any time via the "Cookie Settings" link in the footer of every page. We do not currently respond to "Do Not Track" signals.

14.8. Retention

Invoices, receipts and accounting records — 7 years from the end of the tax year, or 6 years from filing the return, whichever is later (section 25 of the Income Tax (Bookkeeping) Instructions, 5733-1973). Agreements, orders and contractual correspondence — 7 years from the end of the engagement. Work product and project documents — 3 years from the end of the engagement, unless earlier deletion is requested. Enquiries that did not become transactions — 24 months from last contact. Marketing list — until consent is withdrawn; thereafter a minimal identifier only on a suppression list. Technical and security logs — 12 months. Terms-acceptance record (timestamp, IP, version) — 7 years. At the end of the period data is deleted or anonymised. A deletion request does not apply to data we are legally obliged to retain.

14.9. Your rights

(a) Right of access (section 13) — you may inspect the personal data we hold about you, yourself or through a person authorised in writing or a guardian; inspection is available in Hebrew, Arabic or English at your choice, under the Protection of Privacy (Conditions for Inspection of Data and Appeal Procedure) Regulations, 5741-1981; a fee may apply under those Regulations. We respond within 30 days.
(b) Right to correction or deletion (section 14) — if data about you is incorrect, incomplete, unclear or out of date, you may request correction or deletion. If we agree we will make the change and notify everyone to whom the data was transferred. If we refuse we will notify you and give reasons, and you may appeal to the Magistrates' Court.
(c) Right to be removed from a marketing list (section 17F(b) of the Law and section 30A(d) of the Communications (Telecommunications and Broadcasts) Law, 5742-1982) — at any time, free of charge.
(d) Right to withdraw consent — at any time; withdrawal does not affect the lawfulness of prior processing and does not apply to processing required for a legal obligation, data security or legal defence.
(e) How to exercise — in writing to tom@octomonic.com, or by post to Aminadav 2, Tel Aviv-Yafo. We acknowledge within 3 business days and substantively respond within 30 days.
(f) Right to complain — you may apply to the Israeli Privacy Protection Authority at the Ministry of Justice: gov.il/privacy-protection-authority, via the online contact form on the Authority's website, or by post to the Privacy Protection Authority, Ministry of Justice, Jerusalem.

14.10. Direct marketing

We will send you advertising only if you gave express prior consent, via a dedicated, separate checkbox that is not pre-ticked and is not a condition of purchase. Accepting these Terms or making a purchase does not constitute consent to marketing. If you provided your details in the course of a purchase or negotiations for one, we may use them to send advertising about services of a similar kind under section 30A(c) of the Communications Law; that notice is given at the point of collection and you may refuse immediately and at any time. Every advertising message states the word "פרסומת" / "Advertisement" at the start and in the subject line, our name, address and contact details, and how to send a refusal notice. Operational messages — order confirmations, invoices, scheduling, project status and service notices — are not advertising.

14.11. Data security

We take reasonable and accepted measures, including HTTPS/TLS encryption of traffic; two-factor authentication on the administrative accounts under our control; restricting access to a small number of authorised users on a need-to-know basis; using infrastructure and payment providers meeting accepted security standards; and logging security incidents under Regulation 11(a) of the Protection of Privacy (Data Security) Regulations, 5777-2017. We maintain an internal database definitions document under Regulation 2 of those Regulations and update it at least annually, by 31 December. For the avoidance of doubt: no system is entirely immune. If a security incident affects your personal data we will act to contain and remediate it, and will notify you where notification is required by law or where we determine notification is necessary to enable you to protect yourself.

14.12. Database registration

Following Amendment 13, registration in the Databases Register is required principally of public bodies and of databases whose primary purpose is collecting data for transfer to others as a business or for consideration, holding data on more than 10,000 people (section 8A(a)). OctoMonic is not in those categories and is not required to register. Transparency, notice, security and data-subject-rights duties apply to us in full regardless of registration.

14.13. Full details

The full Privacy Policy — including the legal bases for processing, the retention and cookie tables and how to exercise your rights — is at octomonic.com/privacy and forms an integral part of these Terms.

15. Use of the Website

15.1. The Website may not be used for any unlawful, harmful or misleading purpose. You may not attempt to penetrate its systems or disrupt its operation, and may not operate automated collection tools without written permission.

15.2. We make reasonable efforts to keep the Website available and functioning, but do not warrant uninterrupted or error-free operation, and may take the Website or parts of it offline for maintenance or upgrade.

15.3. The Website may contain links to third-party sites. We are not responsible for their content, policies or availability.

16. Changes to these Terms

16.1. The binding version for any transaction is the version in force at the time the transaction was made, and it is preserved in the order record.

16.2. We may update these Terms only where: (a) the change is required by law or by a direction of a competent authority; or (b) the change does not derogate from the customer's rights and does not worsen its position. Any other change will not apply to an existing customer without that customer's agreement. Changes take effect on publication on the Website; a material change affecting an existing Continuing Transaction will be notified at least 30 days in advance, and the customer may cancel per clause 9.9 or 10.6, as applicable.

16.3. Previous versions are retained and provided on request to tom@octomonic.com.

17. Language, Severability and Validity

17.1. The Hebrew version of these Terms is the binding version. A complete and parallel English version of these Terms and of the Privacy Policy exists, with identical numbering, and confers no lesser rights than the Hebrew. A customer approached in English is entitled to disclosure and the transaction details document in English under section 14C(b) of the Law, and the complete English text constitutes full and binding disclosure to that customer. Where a customer was approached in Hebrew, the Hebrew prevails in any conflict; where a customer was approached in English, the text more favourable to that customer applies.

17.2. If any provision is found void or unenforceable, the remaining provisions remain in force, and the void provision will be construed so as to preserve it so far as the law allows.

17.3. A failure to exercise a right is not a waiver of it.

17.4. The customer may not assign its rights under the engagement without OctoMonic's written consent, except as part of a transfer of its business as a whole.

18. Governing Law and Jurisdiction

18.1. These Terms and every engagement with OctoMonic are governed exclusively by the laws of the State of Israel, without regard to conflict-of-law rules.

18.2. In an engagement with a Business Customer — jurisdiction over any matter arising out of these Terms or the engagement is vested in the competent courts of the Tel Aviv-Yafo District. This jurisdiction is not exclusive and does not oust the jurisdiction of any other competent court under law.

18.3. In an engagement with a Consumer — notwithstanding clause 18.2, a Consumer may bring proceedings also in the court having jurisdiction over their place of residence, their place of business, or the place where the transaction was performed. Nothing here derogates from a Consumer's right to apply to the Small Claims Court.

19. Contact and Cancellation

OctoMonic (Tom Levi), licensed dealer no. 302148911
Aminadav 2, Tel Aviv-Yafo, Israel
Telephone: 054-502-5008 · +972-54-502-5008
Email: tom@octomonic.com
Fax: none

Cancelling a transaction — every channel

By phone 054-502-5008 · At the place of business Aminadav 2, Tel Aviv-Yafo, Sun–Thu 09:00–18:00 · By registered mail OctoMonic (Tom Levi), Aminadav 2, Tel Aviv-Yafo, Israel · By email tom@octomonic.com · Online octomonic.com/cancel · By fax — the business does not operate a fax machine.
State your name and identity number only. No form, no reason and no account login is required.

Terms version 2.1 · Effective 5 September 2026 · Updated 16 September 2026
Change log: 1.0 (5.8.2026) — first draft, not published. 2.0 (20.8.2026) — VAT-inclusive pricing; full privacy chapter; section 13C disclosure; cross-references corrected; unverified citations removed.