Valid of June 1st, 2019.
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS REGARDING THE SERVICES PROVIDED BY BIONIC 8 ANALYTICS LTD. OR ITS AFFILIATES (“NOVARIZE”). BY CLICKING "I ACCEPT" AND USING THE SERVICES (AS DEFINED BELOW) YOU ARE ACCEPTING THIS AGREEMENT AND AGREEING TO BE BOUND BY ITS TERMS.
The Portal is an onboarding platform to the Services.
The Portal and the Services are designed to help you increase your sales but you retain full responsibility for the manner in which the Portal and the Services are used and for achieving your intended goals and results. It is your responsibility to ensure that the output and results of the Portal and the Services meet your expectations and requirements.
Unless otherwise agreed in writing, you may use the Portal and the Services solely in connection with, and for the purposes of, your business. Any modifications to Novarize's Portal or Services in an attempt to misuse or abuse them is not allowed.
Novarize is a constantly developing the Portal and the Services. Therefore, Novarize may amend the features of the Portal or the Services by removing, modifying or adding existing and new features without giving you a notice. If you are not satisfied with the changes made to the Portal or the Services, you can at any time cease to use the Portal or the Services, and/or terminate this Agreement by emailing Novarize a written notice of termination.
You may not use the Portal or the Services for any illegal or unauthorized purpose. You agree to comply with all applicable laws, including (without limitation) all applicable laws and regulations regarding data privacy and handling of personal data. You are responsible, where required, for informing your subscribers of Novarize's activities and for obtaining your subscribers consent for storing, handling and processing their personal data (whether collected by you or by Novarize) in accordance with this Agreement and, where applicable, for sending marketing messages to your subscribers.
Using the Portal and the Services is free of charge, but it is subject to your acceptance, without modification, of this Agreement. If you object to this Agreement, or any part thereof, please do not use the Portal and the Services.
Subject to this Agreement, Novarize grants you a non-exclusive, non-transferable, revocable, free of charge limited right to access and use the Portal and the Services solely for the purposes of your business for the duration of the term of this Agreement.
You shall not: (a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Portal, the Services or any Novarize software in any form or media or by any means; (b) attempt to circumvent or modify the Portal or the Services in order to avoid the obligations set forth in this Agreement; (c) access all or any part of the Portal or the Services in order to build a product or service which competes with them; (d) use the Portal or the Services to provide services to third parties or for unlawful or illegal purposes; (e) reverse engineer, decompile, decode, decrypt, disassemble, or attempt to derive any source code from the Portal or the Services; (f) license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise make the Portal or the Services available to any unauthorized third party; or (g) attempt to obtain, or assist third parties in obtaining, unauthorized access to the Portal or the Services.
This Agreement does not transfer from Novarize to you any Novarize or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Novarize.
Novarize may store and process information on computers and servers located in the USA, EU/EEA or in such countries which the Commission of European Union has determined that provide adequate protection of personal data. Novarize has implemented technical and organizational precautions to protect the security and integrity of personal data processed by it. By using the Portal or the Services, you give Novarize the consent to store, process and transfer information outside of your country of residence within the countries referred to above. If you object to the information (if any) being transferred or used in this way please do not use the Portal or the Services.
Novarize may terminate your access to all or any part of the Portal or the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Portal and the Services, or email Novarize a notice of termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, acceptance, disclaimer of warranties, venue & governing law, indemnification, limitation of liability and intellectual property.
THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION AND MERCHANTABILITY, AND ANY WARRANTY OF NON-INFRINGEMENT SHALL NOT APPLY. THE ENTIRE RISK ARISING FROM USE OR PERFORMANCE OF THE SERVICES AND THE PORTAL OR RELIANCE ON ANY OUTPUT RESULTING FROM THE USE IS BORNE BY YOU.
While Novarize endeavors to ensure that the Portal and the Services are available at all times, Novarize make no warranty that the Portal or the Services will meet your requirements, or that the Portal and the Services will be uninterrupted, timely, secure or error-free, nor does Novarize make any warranty as to the results that may be obtained from the Portal or the Services or as to the accuracy or reliability of any information obtained through them. Novarize warrants that in the event that the Portal or the Services are not available or that there are errors in their operation, it will use every reasonable effort to remedy the event. This is your sole remedy in the event of interruption or errors in the Portal or in the Services.
Novarize does not accept any liability for the operation and function of any third-party products and services or actions or omissions of any third-party.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NOVARIZE AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND REPRESENTATIVES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PORTAL OR THE SERVICES, OR WITH THE DELAY OR INABILITY TO USE THE PORTAL OR THE SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NOVARIZE AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL NOVARIZE'S TOTAL LIABILITY FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF TWO HUNDRED US DOLLARS ($200.00). THE FORGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Novarize reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Portal or the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
Any issues arising out of, relating to or in connection with this Agreement (including, but not limited to, with respect to its validity) and any access to or use of the Portal or the Services will be exclusively governed by the laws of the State of Israel, excluding its conflict of law provisions and principles, and the exclusive venue for any disputes arising out of, relating to or in connection with any of the same will be the competent courts of Tel Aviv, Israel. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
This Agreement constitutes the entire agreement between Novarize and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Novarize, or by the posting by Novarize of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign, novate or transfer your rights or obligations, or any part thereof, under this Agreement to any party without Novarize's express written permission and any such assignment shall be null and void; Novarize may assign, novate or transfer its rights and obligations, or any part thereof, under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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