The following terms shall have the meanings ascribed alongside them, unless expressly stated otherwise:
- A “Device” means a computer, communications equipment (including the modem), telephone device, cellphone device (including smartphones) and any other equipment, hardware or software that you use in your consumption of the Services, as well as any accompanying functions thereto, including information security.
- An “End-User” means customers or users of the User.
- The “Platform” means the Company’s online platform offering Open-Source codes and supplementary services, via the Website
- An “Account” is an account created in the Website by a person or legal entity, which has been registered in accordance with Section E (Account and Registration).
- A “User” or “You” means any person or entity who created an Account or uses an Account. an Account.
- The “Website” of the Company in the address https://www.novu.co/.
D. Use of the Website
- You are hereby authorized to make use of the Services in accordance with the rules and guidelines set hereunder. The Services may not be used in any other manner without obtaining the express prior written consent of the Company.
- The User is responsible for confirming that the Device they use to connect to the Services meets the minimum technical requirements allowing the User to access the Services and use them, and for confirming that their Device is compatible with the use of the Services.
- You may not copy and use or allow others to use the Platform or the Website in any way and for any purpose, whether commercial or otherwise, that is not for the purpose of receiving the Services.
- No website or other means may be operated or allowed to be operated, including software such as robots, spiders, crawlers and similar software, for the purpose of automatically searching, scanning, copying or reconstructing content from the Services. This includes using such means to create a collection, reserve or database including contents from the Services.
- Contents from the Services may not be displayed in a frame, whether revealed or hidden.
- Contents from the Services may not be displayed in any manner – including using any software, Device, accessory, or communication protocol – that alters the Services design or removes any contents from them, including, in particular, advertisements and commercial content.
- Do not link the Services to any website containing pornographic content, content inciting to racism or unlawful discrimination, illegal content, or whose advertisement is illegal or incites to illegal activity.
- Do not link content from the Services unless it is to a page of the Website (hyperlink) and the linked page of the Website is linked “as is”, so that it can be used and be view as it is on the Website. It is prohibited to link content from the Services which is detached from the Website pages (‘hotlinking’) (example: you may not directly link to an image or graphic file on the Website). When linking to the Website, the Website address should be shown in the address bar on your browser (status bar). Do not change, distort or hide this address.
- The Company may instruct you to cancel any such hyperlink upon its sole discretion. In this case, you are required to immediately delete the hyperlink and you will have no claim, demand or claim on the Company in this matter.
- The Company shall not be liable for any damages resulting from any link to the content of the Services and any presentation or publication of such content in any other way. You are fully and exclusively responsible for any linking, displaying, or posting of the content made by you and you undertake to indemnify the Company for any damage that may result.
- Embedding Videos (Embedding). Do not embed videos from the Website without the prior written consent of the Company. The Company reserves the right not to allow videos to be embedded and/or to change the link to the video without having to notify you in advance and you will have no claim, claim and/or demand against the Company for making such changes and/or malfunctions as they occur. The Company may instruct you to cancel any such Embedding at its sole discretion – in this case you will immediately cancel the embedded link and you will have no claim, demand and/or claim against the Company in this matter. The Company will not be held liable for any damage caused by the Embedded link of videos from the Website. You are fully and exclusively responsible for any embedded link made by you, including the arranging of copyright and payment to the relevant copyright/executive associations in accordance with any law, and you undertake to indemnify the Company for any damage that may result from it.
- You hereby undertake not to perform the following actions (in whole or in part):
- Impersonating any person or legal entity.
- Providing false, misleading, inaccurate, or incorrect information when registering with or using the Platform.
- Uploading, sending, or broadcasting any materials containing any kind of computer virus, or any other computer code intended to ruin, disrupt, or limit the use of any of the computers, servers, hardware, or software used by the Company to provide the Services.
- Distributing spam mail or any other mail using the servers through which the Services are operated.
- Altering, processing, adapting, sublicensing, translating, selling, reverse-engineering, dismantling, or reconstructing any of the parts of the code that comprise the Services as well as any such actions in respect of the hardware or software used in the provision of the Services.
- Any violation of the copyrights, trademarks or other intellectual property rights found on the Services.
- Transferring or receiving the Services or any part thereof, or displaying any part of the Services, in a frame within an internet page or other website, or as a part of another internet page or Website (a mirror), or as a part of another service, without the express written permission of the Company.
- Using robots, spiders, crawlers, data search and recovery engines, or any other automated tools or manual tools intended to index, recover and locate data found in the Services, or such tools intended to expose the structure of the database and code contained in the Services.
- To disrupt, in any other manner, or interrupt the Services, including by disrupting the activity of the server and the network of computers connected to the Services or the network of computers connected thereto.
- Uploading or sending, through the Services, any materials or messages that are illegal, immoral or offensive in any manner, or that are irrelevant. Without derogating from the foregoing, the Company may remove or edit messages you upload to the Services, at its sole discretion (to the extent that uploading such messages is made possible in the framework of the Services).
- You hereby undertake not to make any illegal use of the Services.
- You hereby undertake not to make any use of the Services that could violate the copyrights or intellectual property rights of the Company or of any other party.
- The User undertakes not to store data displayed on the Services using software, nor to distribute data displayed on the Services in public in a commercial manner or framework, or for any purpose other than as contemplated herein. The Website may not be presented in a different design or graphical interface other than those determined by the Company, other than subject to the prior written consent of the Company. The Website may not be displayed in a manner that derogates from the form of any contents contained therein.
- No content contained on the Website may be copied, removed, or altered.
E. Account and Registration
- In the event you have decided to register to the Website or the Platform or create an Account, you shall be responsible for keeping your Login Credentials confidential. You may not share your Login Credentials with other persons. In any event you may suspect your Login Credentials have been disclosed or stolen, you are required to immediately inform the Company in the contact information specified in Section 51.
F. Property and Intellectual Property
- The Company or the party issuing the license to the Company holds all rights to the intellectual property on the Website (including the general structure of the Website) or all other content contained on the Website (including text, graphics, software, drawings, plans, photographs and other pictures, videos, tones, trademarks, and trade symbols), as well as all rights to the technologies implemented within the Platform.
- The trademarks used in connection with the Services are trademarks of the Company (whether registered as such or otherwise). You are not authorized to make any use of them, or to duplicate or copy them in any form. All proprietary rights in the Services, including the design of the Website and the Platform, as well as any software, website, platform, computer code, graphics files, texts, and any other materials included as part of the Services (aside from third-party contents) are the exclusive property of the Company (or, in the case of third-party content, of such third parties), and shall remain their property at all times.
- Do not copy, distribute, publicly display, publicly perform, transfer to the public, amend, process, create derivative of, sell or lease any part of the foregoing, whether on your own or through or in cooperation with any third party, in any way or using any means, whether electronic, mechanical, optical, through photographic or recording means, or any other means, without obtaining the prior written consent of the Company or other rights holders, as applicable, and subject to the terms of such consent (if any). This provision is effective in respect of any processing, editing or translation performed by the Company on contents input or provided by you to the Services.
- If and to the extent that such consent is granted, you must refrain from removing, deleting or obscuring any message or symbol in respect of the intellectual property rights, such as copyright symbols (©) or commercial symbols (®) associated with the contents that you use.
- Trademarks and advertisements of parties advertising on the Services are the sole property of such advertisers. No use may be made of these, as well, without the prior written consent of the advertisers.
G. Paid Services
- Certain parts of the Services may require payment (the “Paid Services”). The prices of the Paid Services and their characteristics shall be outlined during the purchasing process and prior to the performance of the payment by the User. Users are responsible for the payment of any taxes applicable. Upon payment Users will receive a receipt confirming that the payment has been received.
- The Company shall be entitled, at any time and without prior notice, to give notice of inaccurate or erroneous information you provided to it; to restrict your access to the Services; and to refuse to provide you with the Services in the event of the occurrence of one or more of the following:
- It is unable to verify and/or to validate information you provided, or it discovers that any information the User provided in their registration as a User was false or erroneous;
- It believes that your use of the Services represents a financial risk, fraud or a reasonable risk of same;
- It believes that your activity may cause you, the Company or its community of customers financial loss or legal liability.
I. Liability and Risk
- While the Company attempts to ensure that all data contained in the Services is correct and accurate, the Services are not intended to serve as a source of authority or reference that may be relied upon. The User agrees that use of the Services is on an “AS-IS” basis, and that the Services’ availability is “AS-Available.”
- It is clarified that the Company’s systems, by virtue of being based on software, hardware and communications networks, are exposed to the risks inherent in systems of these kinds, including harmful software (viruses, trojan horses etc.), wiretapping, infiltration by hostile parties, identity theft and other online fraud. The Company invests efforts in protecting against these risks; however, it is not possible to completely allay these risks, and damages or losses may be incurred as a result of the realization of any of these risks, including the exposure or corruption of information provided to or displayed by the Services, including the corruption of instructions/requests; unauthorized Account activity; corruption of the use of the Services or its response times, including the failure to perform, faulty performance or delayed performance of any instruction/request; unavailability of the systems or any of their Services; and so forth.
- You must notify the Company of any instance of suspicion of misuse of your name or information through the Services.
- The Company shall not be obligated or liable, directly or indirectly, to compensate or indemnify for any damages incurred as a result of information published on the Services, from use or from the inability to use the Services, or from the options displayed by the Services, or in connection with any of these. The Company shall not bear liability toward the User for any business loss, consequential loss, indirect loss, loss of profits, proceeds, contracts, data, goodwill or any similar loss, and any liability that the Company does bear for such losses incurred shall be limited solely to losses that could have been reasonably foreseen.
- Data that was not created by the Company;
- Corruption of data or instructions, or failure or delay in performance of instructions as a result of malfunctions or other disruptions in the lines of communication and/or electronic functionality or mechanical failure, whether on your part or between the Company and any third party through which instructions and data are transferred;
- Faulty performance of any software or hardware in your possession, or any damage incurred to a Device as a result of use of the Services;
- Your exposure and disclosure of information to any third party as a result of your use of the Services; or as a result of your provision of inaccurate information; or as a result of you giving your Device to a third party, including for the purpose of repairing your Device, and including in the event that such third party views information received from the Company on your Device or performs different actions in the framework of the Services; and you undertake to bear any damages, loss or expenses incurred to you or the Company in connection therewith.
J. Open-Source License
- The Company integrates in its Platform the following open-source code as found on Novu Github page https://github.com/novuhq and therefore the use of the Services by you is subject to the MIT License, as stipulated in the following link: https://opensource.org/licenses/MIT, and any other enterprise edition license or any other license found therein (collectively, the “Open-Source License”).
K. Links to External Pages
- It is possible that some of the Services will include links to other websites, include links generated by other parties. These links are intended solely for your convenience. Use of the information or other contents found on external websites to which such links may lead should be made with all due caution and diligence. It is clarified that the Company has no control over or rights to the contents found on these external websites. Similarly, the Company bears no liability in the event that you relied on and/or performed actions in accordance with the contents of these external websites. The links found in the Services should not be interpreted as a recommendation, preference or approval of the use materials and/or contents and/or products appearing on the external websites. Furthermore, these links should not be interpreted as guaranteeing the reliability, accuracy or completion of information found therein. By clicking the link, you waive any claim and/or demand and/or action against the Company on account of any damage and/or payment and/or loss incurred to you (if so incurred) as a result of reliance and/or use of the information appearing on these external websites.
- Should you find, in the formation found in the Services or in the information found in the contents of any other service linked thereto, materials appearing to be dysfunctional, illegal, immoral, or that do not meet the expectations of the User, you are requested to notify the Company through the Company’s contact mechanisms specified in Section 43 below.
- Jurisdiction. Use of the Services is subject solely to Israeli law. Unique jurisdiction over all disputes relating to the Website, Platform and/or Services and any other service provided by the Company is exclusively awarded to the competent courts of Tel Aviv-Jaffa.
- Notices and Notifications. Various notices and notifications from the Company, including advertisement mail, may be sent to you by e-mail, by direct post, through SMS messages. Through any other means of communication, to the address provided by you in the registration form for the Services, in the event that you approved receiving such notices and notifications.