TERMS AND CONDITIONS

[last revised August 11, 2024]

This Terms and Conditions (“Terms”) are a legally binding agreement between Pristivo, Ltd. (“Company”, “we”, “us”, or “our”), and you, a user of that engage with our Services that include the search product and landing pages directed from that product (“Services”, and “You” or “User” respectively). When you access and use our Services, these Terms will govern and apply. It is important and recommended that you take the time to read these Terms.

By accessing or using the Services you acknowledge that you have read and understood these Terms. You agree to be bound and to fully comply with the Terms, you further agree to comply with all applicable laws and regulations regarding your use of the Services and you acknowledge that these Terms constitute a binding and enforceable legal electronic contract between you and us.

You further represent and warrant that: (i) you are eligible to enter into these Terms, or, where applicable, you have all proper authorization to enter into these Terms; (iii) You are not defined as a “child”, or other similar term, in your jurisdiction and specifically you are not under the age of 16.We respect our users’ privacy rights and thus, handle and store our user’s data solely for the purpose of providing and enabling the Services’ features. Please review our Privacy Policy prior to accessing and using the Services.

YOU ACKNOLWEDGE AND AGREES THAT THE TERMS SHALL NOT GOVERN THE USE OF ANY THIRD PARY MOBILE APPLICATION, WEBSITE OR ANY OTHER ASSETS THAT HAS IMPLEMNETED OUR SERVICES. IT IS CLARIFIED THAT SUCH ASSETS SHALL BE SUBJECT AND GOVERNED TO SUCH THIRD TERMS.

LICENSE

Subject to the terms and conditions of this Agreement, during the Term (defined below), we grant you a personal, limited, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”), to access and use our Services including all features and interfaces on your device in accordance with this Agreement solely for your own personal purposes.

We may link or provide access to third party suppliers from our Services and our Services may be provided in connection with the advertising, services and content of third party suppliers. We are not responsible for the availability of such websites, ads or resources of the third party suppliers, and we are not responsible or liable for any content, advertising, or services they provide. Any content, advertising or services by such third party suppliers are provided following the terms of services and privacy policies to be found on the website of the respective third party suppliers and, where applicable, You must familiarize yourself and accept the terms of services and privacy policies of such third party suppliers before using their services. We are not responsible or liable, directly or indirectly, to you in relation to any losses, damages or harm caused by or in connection with use of any such content or services by the third party suppliers. Any additional charges You may incur in relation to the use of the services by such third party suppliers is your responsibility.

 

WE EXPRESSLY DISCLAIM ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT AVAILABLE ON THIS WEBSITE, WHICH ARE AT YOUR SOLE RESPONSIBILITY AND RISK.

REPRESENTATION, WARRANTIES & RESTRICTION OF USE

You hereby represent and warrant the following: (i) you will comply with all applicable federal, state and local laws, regulations, administrative guidelines, orders and ordinances, and the terms and conditions of all applicable third party; (ii) you shall not, nor agree, authorize or encourage any third party to: (1) use the Services in non-compliant, unlawful, illegal, fraudulent or inappropriate manner; (2) circumvent, disable or otherwise interfere with security-related features of the Services or prevent others from using the Services; (3) modify, create a derivative work of, reverse engineer, disassemble the Services; (4) remove, deface, obscure, or alter the Services or any Content therein including any copyright notices, trademarks, or other proprietary rights provided as part of the Services; (5) use the Services for benchmarking purposes; (6) use the Services to promote, conduct, or contribute to fraudulent, illegal or otherwise inappropriate activities, including without limitation, deceptive impersonation; (7) assert any proprietary rights in or to the Content nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on the Services and Content; (8) sublicense, resell, rent, lease, assign, transfer any right, share or otherwise commercially exploit the Content; (9) use, access or attempt to access the Services with any automated means (including robots, scrapers, etc.); (10) use Company’s name, logo or trademarks without Company’s prior written consent; (11) otherwise use the Services or the Content in any unlawful manner, in  a breach of third parties’ rights or our rights, including intellectual property rights and privacy rights, or in breach of these Terms;

INTELLECTUAL PROPERTY

The Services are owned by the Company, including, but not limited to, any trade names, trademarks etc. Except as explicitly provided herein, no license, right, title or interest to the Services shall be licensed to you, and we and our partners reserve any and all rights, title and ownership of the Services. You shall not use Company’s copyrights, trademarks, trade names, or other Intellectual Property in any way except to the limited extent as may be expressly agreed in these Terms.

DISCLAIMER OF WARRANTIES

Except as provided herein, the Services is provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade, marketability, suitability, incompleteness, applicability or relevance of the Services. You agree that Company will not be held responsible for any decision made or action taken or not taken in reliance on the Services, nor do we assume any responsibility for any loss, injury or damages incurred as a result or in connection with such actions. We make no representation or warranties that the Services are or will be available for use in any particular location or at specific time. Except as expressly stated herein, the Company does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the Services. Your use of the Services is at your own risk and responsibility. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.

LIMITATION OF LIABILITIES

YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW,  COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, COLLECTIVELY: “COMPANY GROUP”), AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS HEREIN THAT IS CAUSED BY AN EVENT OUTSIDE OUR CONTROL (WHICH MEANS ANY ACT OR EVENT BEYOND OUR REASONABLE CONTROL). IN NO EVENT SHALL THE COMPANY’S GROUP AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES, SHALL EXCEED $10 (TEN US DOLLARS).

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company and its affiliates, and respective officers, directors, employees and agents from any third party claims, damages, liabilities and expenses (including reasonable attorney’s fees) arising from (i) your use of the Services does not comply with these Terms including negligence and wrongful act; (ii) abusing or infringing third party rights through the Services; and (iii) your breach of any applicable law, regulation and policies. This indemnification obligation will survive the termination or expiration of these Terms.

TERMINATION

You can terminate these Terms and the use of the Services at any time. We may terminate these Terms and to stop you from using all or any part of the Services at any time, with or without cause and with or without notice, effective immediately. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

You agree that we may, under certain circumstances and without prior notice, immediately terminate your access to the Service. Cause for such termination shall include, but not be limited to, breaches or violations of the Terms or other incorporated agreements or guidelines, requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification to the Service (or any part thereof), unexpected technical or security issues or problems, and engagement by you in fraudulent or illegal activities.

JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of Israel. You hereby agree to resolve any dispute you have exclusively with the competent court in Tel Aviv, Israel. Any cause of action you might have relating to the service is limited in time to one (1) year from the arising incident, and will be permanently barred afterwards.

MISCELLANEOUS

These Terms, constitute the entire understanding between the parties with respect to the use of the Services. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without the prior written consent of the Company. The Company may assign its rights and obligations set forth herein at any time, at its sole discretion. Your relationship with the Company is that of an independent contractor, and nothing in these Terms is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship.

AMENDMENTS

We reserve the right to periodically amend or revise the Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the “Last Updated” above. Your continued use of the Services following such amendments constitutes your acknowledgement and consent of such amendments to the Terms and your agreement to be bound by them. In the event of a material changes, we will make best efforts to provide written notification by applicable means of communication.

CONTACT US

If you have any questions, please contact us at:

Tomer 12, Maccabim-Reut, Israel, 7179902

You can also contact us via email at: Privacy@Pristivo.com