TERMS OF USE

CYMBIO DIGITAL LTD.

Cymbio Digital Ltd. and any of its subsidiaries, shall be referred to as “Company”, “we”, “us”, or “our”.

  1. ACCEPTANCE OF TERMS
  • 1.1. YOUR USE OF AND ACCESS TO THE COMPANY WEBSITE IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS OF USE. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.
  • 1.2. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL EXHIBITS AND INCORPORATED POLICIES (THE “TERMS”). THE SERVICE IS NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS.
  • 1.3. These Terms will apply to any use of our website (the “Website”) by you or anyone on your behalf. Without derogating from the foregoing, any use of the Website is subject to these Terms and all applicable laws, rules, and regulations in the country in which the Website is being used. The responsibility to read, understand and comply with such applicable law is your full responsibility as a user.
  1. DATA PRIVACY AND SECURITY

The collection and use of any information about you or in connection with your use of our Website, whether such information is identified or identifiable, is governed by our Privacy Policy

  1. USE LIMITATIONS
  • 3.1. Except to the extent expressly permitted in these Terms or required by law on a non-excludable basis, the use of the Website shall be subject to the following prohibitions:
    • 3.1.1. You must not sub-license your right to access and use the Website;
    • 3.1.2. You must not permit any unauthorized person to access or use the Website;
    • 3.1.3. You must not use the Website to provide services to third parties;
    • 3.1.4. You must not copy, or make any alteration to, or access the software code of, the Website damage, interfere with, or disrupt the integrity, performance or use of the Website;
    • 3.1.5. You must not use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  1. YOUR UNDERTAKINGS
  • 4.1. You shall use the Website in accordance with the provisions of these Terms and the guidelines provided by the Company, from time to time.
  • 4.2. Certain portions of the Website may be provided by Company third-party licensors, and the Company’s ability to provide such portion of the Website is subject to the willingness of such licensors to continue to contract with it. Except as otherwise stated hereunder, the Website is provided “as is” and may be modified, supplemented, or removed from time to time in the Company’s sole discretion in accordance with these Terms.
  • 4.3. As the Website is never wholly free from defects, errors and bugs. Therefore, and subject to the other provisions of these Terms, the Company gives no warranty or representation that the Website will be wholly free from defects, errors and bugs.
  • 4.4. The Website is never entirely free from security vulnerabilities, however, the Company is making efforts to act in accordance with industry practices to prevent such security vulnerabilities.
  1. NO TRANSFER OF OWNERSHIP

All rights, of any kind whatsoever, including, but not limited to, intellectual property rights, copyrights, trademarks, brands, patents, trade secrets, samples, know-how and/or any other material included and/or associated with the Company’s Website and the operation thereof, whether said rights are registered or unregistered, are and shall at all times be exclusively owned by the Company. You are hereby acknowledged that you shall have no rights of any kind to the Company’s Website.

  1. THIRD PARTY SERVICE PROVIDERS

The use of any third-party vendors, software, or other service providers in connection with the Website, is further subject to the terms and conditions of such third-party, and the services provided thereunder. Furthermore, under certain circumstances, such third-party services may be interrupted, defected or otherwise not be available to the you, due to applicable regulations or other related matters. Without derogating from the disclaimers set forth above, the Company makes no guarantee to the services provided by those third-parties, and shall not be held liable for any losses or damages incurred as a result of any third-party services.

  1. DISCLAIMER

You acknowledge and agree that your use of or access to the Website and/or any materials and/or services, if any, offered by the Company shall be at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any and all acts or omissions made by you in reliance on the Website or any part thereof. To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Website and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.

  1. You agree that your use of the Website shall be at your sole risk. The Company makes no warranties or representations about the accuracy or completeness of the content of the Website, of the content of any sites linked to the Website, of any third party materials and assumes no liability or responsibility for any:

    • Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;
    • Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Website;
    • Any unauthorized access to or use of third party materials, secure servers and/or any and all personal information and/or financial information stored therein;
    • Any interruption or cessation of transmission to or from the Website;
    • Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party; or
    • Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Website.
  1. LIMITED LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AT YOUR JURISDICTION AND EXCEPT FOR INSTANCES OF A PARTY’S INTENTIONAL MISCONDUCT, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY PUNITIVE, EXEMPLARY, MULTIPLE, INDIRECT, CONSEQUENTIAL, SPECIAL, OR LOST PROFITS DAMAGES ARISING FROM OR RELATING TO THESE TERMS, WHETHER FORESEEABLE OR UNFORESEEABLE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. COMPANY’S LIABILITY FOR ANY DAMAGES OR CLAIMS OF ANY KIND, SHALL NOT EXCEED US$1,000.

  1. INDEMNIFICATION

To the maximum extent permitted by any applicable law, subject to the limitations described in these Terms, you agree to indemnify, defend and hold, the Company and its affiliates, and anyone acting on their behalf, harmless, at your own expense and immediately after receiving a written notice thereof, from and against any damages, losses, demands, costs, liabilities, damages and expenses, including attorney’s fees, legal expenses and expert fees’ and other costs of litigation, resulting or arising from, incurred as a result of or in any manner related to your breach of this Terms or any other use by you of the Website in violation of any applicable law.

  1. DISPUTE RESOLUTION
  • 11.1. By using or visiting the Website, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and the Company. Any claim or dispute between you and the Company that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenience with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel.
  • 11.2. the Company reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
  • 11.3. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  1. CHANGES TO THESE TERMS

We may modify these Terms, including any supplements or addendum, by posting an amended version and including the date of the revision. The amended version will be effective at the time we post it, unless otherwise noted. If such modifications constitute a material change to these Terms, we will provide you with reasonable prior notice before the modifications become effective to you. If you continue to use the Website after any such modification takes effect as provided in the applicable notice, you will be deemed to have consented to the revised terms.

  1. CONTACT INFORMATION

Notices to you may be made via the Website and/or e-mail.

If you have questions or concerns regarding these Terms, please contact us at: info@cym.bio

 

Last amended on June, 2024.