Terms of Service
Last updated: February 2025

These Terms of Service, which we'll refer to simply as the "Terms", set out the rules by which you may use our Services (which are defined below). The Terms explain how our Services work and provide you with a list of the "dos and don'ts" when using them. These Terms are more than just rules though – they form a legally binding contract between us and you that you accept when you click on the box marked "I agree". Please read through this document carefully and make sure these Terms are acceptable to you. If you don't agree to any of these Terms, do not click "I agree" and do not continue using the Services. If you have any questions, please don't hesitate to contact us at [email protected].

Table of Contents

  1. The Basics
  2. Our Services
  3. User Accounts
  4. Ordering, Shipping and Delivery
  5. Fees and Payment
  6. Use Restrictions
  7. Representations
  8. Intellectual Property
  9. Content and User Content
  10. Indemnification
  11. Disclaimers
  12. Limitation of Liability
  13. Term and Account Termination
  14. Application Marketplace
  15. Force Majeure
  16. Notices
  17. General

***

  1. The Basics.
    1. Key Terms.
      1. We are Mixtiles Ltd. d/b/a Oasis and we'll refer to ourselves as "Oasis," "us," "our," or "we." Our offices are located at Ahad Ha'Am 54, Tel Aviv-Yafo, Israel 6520216, and our registration number is 515362044. If you are a user from the European Union you are contracting with Mixtiles B.V., if you are a user in the United States, you are contracting with Mixtiles USA, Inc.
      2. When we use the term "you," we mean anyone using our Services.
      3. When we mention our "Lamp," we mean the electronic smart lamp that we offer through the Services. When we refer to our "App" we mean our app that enables you to purchase and control the Lamp. You may purchase Lamps through our App or through our website, available at hellooasis.com ("Site"). When we refer to our "Services," we mean any services available in connection with the Lamp, the App and the Site.
    2. Privacy. When you use our Services, we collect Personal Data (as defined in the Privacy Notice) about you. Check out our Privacy Notice at https://hellooasis.com/privacy for details about the types of Personal Data we collect, what we do with it, the security measures we use to keep it safe, and the rights you have regarding your Personal Data.
    3. Changes to these Terms. We may update these Terms from time to time and will post the updated version on this page with the date it was published. Please check this page occasionally to make sure you're aware of the Terms that apply to you. We will notify you if we make any material changes before the updated Terms take effect. If you continue to use our Services after we update the Terms, that means that you agree to and accept the updated version.
  2. Our Services. Subject to these Terms, Oasis allows you to use the Services on a non-exclusive basis for your own personal use.
    1. Lamp. You may purchase our Lamp through our Site or our App. The Lamp is an advanced smart device that connects via Wi-Fi and/or Bluetooth to the App. It is designed to be controlled through our App, and it is compatible with voice assistants such as Alexa, Google Home, and Siri.
    2. App. After purchasing the Lamp, you will receive an email containing a QR code through which you may download the App, if not already installed on your device. The App enables you to control the Lamp and provides comprehensive instructions for its usage. It includes various functionalities, including room set-up and the ability to adjust lighting according to your preferences and the time of day. You may use the App in connection with multiple Lamps in different rooms, which you may manually set-up on the App.
  3. User Accounts.
    1. Creating an Account. In order to use the full Services, you will need to register by logging in through available third-party accounts. You may only do so if that third-party account is yours and you have the right to use that account with our Services.
    2. Reservation of Rights. Subject to applicable law, Oasis may refuse to open an account for any individual at its sole discretion.
    3. Unauthorized Use. You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for all activity on your account, even if that activity was not actually performed by you. To the fullest extent permitted by applicable law, Oasis will not be responsible for any losses or damage arising from unauthorized use of your account. While we reserve the right to investigate suspected violations of these Terms or illegal or inappropriate behavior through the Services, we cannot guarantee that we will learn of or prevent any inappropriate use of the Services.
  4. Ordering, Shipping and Delivery
    1. Acceptance. After Oasis accepts your order for the Lamp, you will receive an order confirmation by email. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If an order cannot be accepted, you will be notified by email. Please verify the details provided in the confirmation email.
    2. Shipping and Delivery. The delivery of the Lamp may be facilitated by third-party service providers, and the terms and conditions of such third-party service providers may apply. Please note all shipping and delivery dates provided are estimates and may subject to delays. Unless otherwise stated upon purchase through the Services, all standard shipping and/or delivery costs are included in the fees displayed. If you select or request any specific shipping or delivery method (e.g., express shipping), shipping and/or delivery fees may apply. You shall be responsible and fully liable for compliance with all export control laws. You can track the status of your order through the third-party delivery service.
    3. Cancellations and Returns. You may cancel a transaction for purchases of Lamps made through the Services within 90 days of purchase, subject to applicable laws. You can cancel a transaction by notifying us by email at [email protected] or through the Services. Oasis may contact you regarding the pickup and/or return of Lamps associated with canceled transactions.
  5. Fees and Payment.
    1. Fees. You agree to pay Oasis the fees specified on the Site or on the App. Late payments bear interest at the rate of 1% per month. Except as expressly provided in these Terms, fees for the App, including prepaid fees, are non-refundable. Fees for Lamps are refundable only if a refund is requested within 90 days of receiving the Lamp. If payment is made through the App, any refund shall be processed through the applicable app store, in accordance with its terms and conditions.
    2. Taxes. Where applicable, taxes, including VAT, may also be charged. If payments are subject to tax withholding, the amount to be withheld will be added to the fees charged.
    3. Third-Party Processors. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing the use of that service. Please review the payment processor's terms and conditions and privacy notice before using such services.
  6. Use Restrictions.
    1. You may not do or attempt to do or allow a third party to do any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the code or software used to provide the Services, including framing or mirroring the Services; (2) copy, modify, or distribute the Services; (3) circumvent or interfere with security-related features of the Services or features that restrict use of or access to any Content (as defined below); (4) use any robot, spider, site search or retrieval application, or any other process to retrieve, index, and/or data-mine the Content or otherwise circumvent the navigational structure of the Services; (5) use another's account without permission; (6) remove, alter, or conceal any copyright, trademark, service mark or other such notices incorporated in the Services; and (7) use the Services in any manner not permitted by applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws or use in countries subject to sanctions under applicable law.
    2. You may not use our Services if doing so is unlawful. We will cooperate with any law enforcement authorities or court orders requesting that we disclose the identity, behavior, or User Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
  7. Representations.
    1. Our Representations. We represent that Oasis is organized under applicable law, has the ability to enter into and perform its obligations under these Terms, and that doing so does not conflict with any of our commitments to any third party nor with any applicable legal obligation. We will use commercially reasonable efforts to provide our Services faithfully, diligently, and in accordance with the standard practices in our industry.
    2. Your Representations. By accepting these Terms, you represent that: (a) you are at least 18 years old and have the ability to form a binding contract; (b) your use of the Services will not violate any applicable law or any obligation you have to a third party; (c) all the registration information you submit is and will remain truthful and accurate; (d) you have all necessary rights, consents, and licenses needed to provide any User Content that you provide; (e) our use of your User Content as allowed under these Terms will not cause us to infringe the rights of any third party; and (f) you shall inspect the Lamp immediately upon receipt and read the manual provided with the Lamp carefully before using it and/or the App.
  8. Intellectual Property.
    1. Our Property. We retain all worldwide intellectual property rights, title, and interest in our Lamp, App, Site and our Services, including their overall appearance and any text, graphics, designs, videos, interfaces, and underlying source files of the Services, any Content we provide, and our name, trademarks, and logos. In some cases, we have obtained the right to use certain elements of our Services from others and in that case, those elements are owned by their respective owners. Even though we're allowing you to use our Services, that doesn't mean that we're transferring ownership or any other rights to you or that we're allowing you to use our name, any trademarks, logos, or similar property as your own.
    2. Your Property. When you provide User Content through the Services, that content remains yours. By providing User Content, you allow us to use it in connection with the Services, including copying, modifying, and preparing derivative works of it where necessary in order to provide the Services, as well as for analytics purposes and for improvement of the Services. If you provide us with any feedback regarding our Services, you agree that we may use it and share it freely.
  9. Content, User Content and User Data.
    1. Definitions. We may provide certain materials, such as images, graphs and reports through the Services and may also allow you and other users to provide certain types of material. "User Content" means materials you provide and "Content" means any content available through the Services, including User Content that may be provided by other users.
    2. User Content Restrictions. You are and shall remain at all times fully and solely responsible for any User Content that you provide. You may not provide any User Content or act in any way that: (i) violates the legal rights of others; (ii) infringes the intellectual property, moral, publicity, privacy, or other rights of any third party or will cause us to infringe any such rights; (iii) is (or you reasonably believe or should believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity; (iv) is in breach of any applicable laws, rules, or regulations; (v) contains material we reasonably determine to be offensive, including that which promotes, hate, violence, or discrimination; (vi) constitutes a harassment or threat; (vii) contains obscene material; and/or (viii) contains any virus, worm, trojan horse, or other harmful or disruptive component.
    3. Usage Data. We may collect data, including statistical information, regarding your usage of the Services to improve the functionality of the Services.
  10. Indemnification.
    1. You agree to indemnify, defend, and hold harmless Oasis, its affiliates, and its/their respective directors, officers, employees, subcontractors, and agents from and against any claim, damage, or loss, including reasonable court costs, attorneys' fees, and any fines that may be incurred, that arise directly or indirectly from your: (a) breach of these Terms, including any of your representations or warranties, whether by you or by anyone using your account or device, and whether or not that use was authorized by you; (b) use or misuse of the Services; (c) violation of any law or regulation, including breach of applicable data protection laws; and/or (d) infringement of any right of any third party**.**
    2. We agree to indemnify, defend, and hold you harmless from and against any claim, damage, or loss, including reasonable court costs, attorneys' fees, and any fines that you may incur in connection with any actual or threatened claim, demand, action or other proceeding by any third party arising from or relating to a claim that the Services, as delivered, infringe any patent or copyright or misappropriate any trade secret, provided however, that we shall have no responsibility or liability for any claim to the extent resulting from or arising out of (a) the use of the Services not in compliance with these Terms or applicable law; (b) the combination of the Services with any services that we did not provide; (c) the modification of the Services by any party other than us; or (d) the use of any version of the Services that is not the most up-to-date version.
    3. Either party claiming indemnification under this Section shall: (i) provide the indemnifying party with written notice of a claim promptly upon becoming aware thereof; (ii) allow the indemnifying party to control the defense and settlement of the claim, provided that no settlement may be entered into without the consent of the indemnitee if such settlement would require any action on the part of the indemnitee and further provided that the indemnitee may engage its own counsel at its own expense; and (iii) reasonably cooperate with the indemnifying party, at the indemnifying party's expense, in the defense and settlement of the claim.
  11. Disclaimers.
    1. DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. OTHER THAN THE WARRANTIES MADE EXPLICITLY IN THESE TERMS, WE DO NOT MAKE ANY ADDITIONAL WARRANTIES (IMPLIED, STATUTORY, OR OTHERWISE) ABOUT THE LAMPS, APP, SITE, SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION THAT THE SERVICES WILL BE OF GOOD QUALITY, USEFUL FOR YOUR SPECIFIC NEEDS OR ANY PARTICULAR PURPOSE, FUNCTIONAL, ACCURATE, ERROR-FREE (OR THAT ERRORS WILL BE CORRECTED), RELIABLE, SECURE, COMPLETE, NON-INFRINGING, OR THAT THE SERVICES WILL BE PROVIDED IN A TIMELY MANNER. Please inspect the Lamp upon receipt immediately and read the manual provided with the Lamp carefully before using it and/or the App.
    2. Third Parties. We cannot control the functionality of services provided by third parties and assume no responsibility for any telephone or network line failure or interruption, or traffic congestion on the internet or on the Services themselves. We cannot control the actions of bad actors and do not guarantee that we will successfully prevent unauthorized access to or alteration of the Services.
    3. Data Retention. We are not a data retention service. It is your sole responsibility to back up any data you provide to us. If data you provide to us is lost or corrupted for any reason, we shall not be responsible for any damage or loss you experience if you are unable to recover that data.
    4. In light of the above, you understand that using the Services entails some degree of risk. When you choose to use the Services, you do so at your sole discretion and risk. Some jurisdictions do not allow the exclusion of certain warranties and therefore some of the above exclusions may not apply to you. Check your local laws for any restrictions regarding the exclusion of implied warranties.
  12. Limitation of Liability.
    1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OASIS (AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, OR SUBCONTRACTORS) SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT OASIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. OUR MAXIMUM AND AGGREGATE LIABILITY UNDER THESE TERMS AND UNDER ANY CAUSE OF ACTION WILL NOT EXCEED A CUMULATIVE AMOUNT OF USD $50.
  13. Term and Account Termination.
    1. Term. These Terms will take effect when you accept them and shall continue in full force and effect until they are terminated in one of the ways described below.
    2. How to Terminate Your Account. You may request termination of your account (and, by association, these Terms) at any time through your account settings or by sending an email to [email protected]. We will process your request promptly after receiving your notice.
    3. Termination by Oasis. We reserve the right to suspend or terminate your account (and, by association, these Terms) immediately if: (i) you violate the letter or spirit of these Terms; (ii) you engage in fraudulent, abusive, or illegal behavior or harass or harm other users, third parties, or our business interests; or (iii) you fail to pay any fees you are required to pay, including if you initiate a chargeback. If your account is terminated, you may not rejoin by opening a new account without our permission.
    4. Survival. Even if your account is terminated, you will still be bound by the sections of these Terms which, by their nature, are meant to survive termination.
  14. Application Marketplace. The App may be subject to additional third-party terms relating to the marketplace or store from which the App was downloaded. The third parties providing such marketplaces may be beneficiaries of these Terms, pursuant to the marketplace's Terms.
    1. The following terms apply if you downloaded the App from the App Store.
    2. Apple Inc. ("Apple") is not a party to these Terms and is not responsible for the App.
    3. Your license to use the App is not transferrable and is limited to use on iOS products that you own or control, and as permitted by the Usage Rules in the App Media Services Terms and Conditions, except as permitted via Family Sharing, volume purchasing, or Legacy Contacts.
    4. In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple's responsibility.
    5. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
    6. Apple will not be responsible for the investigation, defense, settlement, or discharge of a claim that your use of the App infringes a third party's rights.
    7. Apple and its subsidiaries are third party beneficiaries of these Terms and Apple will have the right to enforce these Terms against you as a third-party beneficiary. You represent** **and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  15. Force Majeure. Neither party will be liable for any default or delay in its performance of its obligations under these Terms to the extent caused by a natural disaster, act of God, act of war or terrorism, riot, third-party labor strike, pandemic, or other similar occurrence beyond its reasonable control, provided that the affected party makes all reasonable efforts to comply with its obligations despite the occurrence. The affected party shall, as soon as reasonably practicable, notify the other party of the occurrence. It is clarified that payment obligations hereunder may be delayed due to a force majeure event but will not be excused.
  16. Notices. To provide an official notice in accordance with these Terms, either we or you may send a notice by courier, registered mail, or by email to the addresses we provide to each other. Either party may assume its notice has been received one after: (1) business day following delivery by courier, four (4) business days following delivery by registered mail, and one (1) business day after email transmission.
  17. General. These Terms constitute the entire agreement between us and you regarding our Services, and any and all other agreements existing between us regarding the Services are hereby terminated. We may assign our rights and obligations in these Terms to any third party. You may not assign any of your rights or obligations in these Terms to anyone else and any attempt to do so will be void. If either party waives any rights regarding any breach or default of these Terms, that waiver shall not be deemed to waive any other breach or default. The courts in the State of Israel shall have exclusive jurisdiction over any disputes regarding these Terms. The laws of the State of Israel shall govern these Terms without regard to the United Nations Convention on the International Sales of Goods. In the event that a court rules that a provision of these Terms is unenforceable, that provision shall be replaced with an enforceable provision which most closely achieves the effect of the original and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between us and you, and nothing in these Terms enables you to act on our behalf.