Terms of Service (“TOS”) and End User License Agreement (“EULA”)
Last Revised: May 10th, 2021
Beta Disclaimer
Please note that we currently offer our services only in a beta version. Therefore, the Services (see definition below) are still undergoing final testing before their official release. The Services and any related Content are provided on an “as is” and “as available” basis and we do not grant any warranties, whether express or implied, as to the suitability or usability of the Services.
Should you encounter any bugs, glitches, lack of functionality or other problems with the Services, please let us know immediately so we can rectify these accordingly. Your help in this regard is greatly appreciated! You can write to us at support@kahun.com.
BACKGROUND
Kahun Medical Ltd. and its affiliated companies (collectively “Kahun”, “we”, “us” or “our”) welcome you, either as a guest or as a registered user (the “User” or“you”), to the Kahun software application (mobile or web) and Kahun’s website available at www.kahun.com (the “App” and the “Site”, respectively), providing Users access to the Kahun database of curated clinical knowledge and diagnostic engine (the App, the Site and any content provided therein, including the Content, as defined below, will be referred to collectively as the “Services”). You may use the Services solely in accordance with the terms and conditions hereunder.
By entering, connecting to, accessing or using the Services and/or by setting up an Account (as defined below), you acknowledge that you have read, understood and agreed to the following terms of use, including the terms of our Privacy Policy available at https://kahun.com/privacypolicy (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Services and acknowledge that these Terms constitute a binding and enforceable legal contract between Kahun and yourself.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS OR USE THE SERVICES OR ANY PART THEREOF IN ANY MANNER. READ THE FOLLOWING TERMS CAREFULLY BEFORE INDICATING YOUR ACCEPTANCE. In particular:
● By acceptance of the Terms, you represent that any and all information you provide through the Services is true, accurate and, submitted in compliance with any data protection laws. The provision of any false or fraudulent information is strictly prohibited.
● If you have an Account, you further consent to receive communications from us electronically. We may communicate with you through a variety of ways, such as by e-
mail, in-app push notifications, or by notices and messages on the Site. You may revoke your consent to any individually targeted communications at any time.
YOUR DECLARATION
THE SERVICES ARE PROVIDED SOLELY FOR EDUCATIONAL AND RESEARCH PURPOSES AND ARE NOT INTENDED TO SERVE A MEDICAL ADVICE OR A FINAL DIAGNOSIS FOR PATIENTS.
THE SERVICES, INCLUDING ANY INFORMATION, DATA OR ANALYSIS GENERATED, PROVIDED OR CONCLUDED FROM THE USE THEREOF ARE NOT INTENDED AND SHOULD NOT BE DEEMED MEDICAL OR OTHER HEALTH-RELATED PROFESSIONAL ADVICE, DIAGNOSES OR SUGGESTION FOR TREATMENT, NOR ARE THE SERVICES INTENDED AS A SUBSTITUTE FOR SUCH MEDICAL OR PROFESSIONAL ADVICE, DIAGNOSIS OR SUGGESTION FOR TREATMENT. FOR ANY MEDICAL OR OTHER PROFESSIONAL ADVICE, YOU SHOULD CONSULT A DOCTOR OR OTHER PROFESSIONAL HEALTHCARE PROVIDER. ANY AND ALL INFORMATION PROVIDED VIA THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. DO NOT USE THE SERVICES AND/OR TAKE ANY SUGGESTIONS PROVIDED BY THE SERVICES AS A SUBSTITUTION FOR MEDICAL OR OTHER HEALTH-RELATED PROFESSIONAL ATTENTION.
YOU SHALL NOT USE THE SERVICES IN HAZARDOUS OR MISSION-CRITICAL CIRCUMSTANCES OR IN SITUATIONS WHERE FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY. RELIANCE ON ANY INFORMATION AND/OR RECOMMENDATIONS PROVIDED THROUGH THE SERVICES ARE MADE SOLELY AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS OR ACTIONS YOU TAKE BASED ON SUCH INFORMATION AND/OR RECOMMENDATIONS.
1. CHANGE OF THE TERMS
We reserve the right, at our discretion, to revise and update these Terms at any time and such revisions are binding on all Users. Changes to these Terms shall apply as of and following the effective date of the change. If we introduce significant changes, we will make sure to notify you via email, your Account or, by posting a prominent notification on the Site. We recommend that you revisit these Terms from time to time to review your current rights and obligations.
2. ABILITY TO ACCEPT TERMS
The Services are not structured to attract children under the age of 18 years. If you are under 18 years of age, please do not visit or use the Services without the guidance and supervision of your parent or legal guardian who have accessed or registered to the Services on your behalf. If you are under 18 years old, then your parent or legal guardian must have read, understand and accept these Terms and Conditions prior to any use or access the Services.
3. THE SERVICES
The Services are comprised of Kahun’s proprietary databases and software designed to simplify the way traditional medical knowledge is accessed and used by medical students, physicians and other healthcare professionals (“HCP”). Users of the Services will have access to the Kahun database via the web application (or any other application we may introduce from time to time), and will be able to utilize Kahun’s proprietary engines to look up and analyze medical conditions, signs, symptoms, lab results or any other findings they choose and made available by us. Kahun’s proprietary database is based on an analysis of medical literature, academic and clinical research and other professional medical references (the “Content”).
4. USE OF THE SERVICES
Kahun allows you to access and use the Services subject to your compliance with these Terms for your own personal, non-commercial, informational, or scholarly use only. You may not provide access to or use the Services or content thereof for the benefit of third parties or make commercial or non-personal use of the Services or related Content.
Use of and access to the Services is void where prohibited, and any right which was not explicitly provided by this license, is explicitly reserved by us. By accessing and using the Services, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services will comply with and does not violate any applicable law, regulation, order, policy or guideline.
5. LIMITED LICENSE
Kahun is granting you with a limited, personal, non-commercial, non-transferable, non exclusive, non-assignable, not-tradeable, non-sub-licensable, fully and immediately revocable (at Kahun’s discretion), license, to use the Services in accordance with the terms and conditions of these Terms. Other than as stated herein, these Terms do not entitle you with any right in the Services or the Content accessible therein, rather than a limited right to use them in accordance with these Terms and applicable jurisdictional and sectorial legislation.
The Content is made available to you subject to these Terms, for your own personal limited use and without derogating from the restrictions set forth under these Terms, you may not: (a) distribute the Services, Content or any part thereof, directly or indirectly; (b) make or allow any third party to make, any commercial use of the Services or Content; and (c) modify, add, subtract, aggregate or otherwise make any derivative work of the Content or allow a third party to do so. You hereby agree that upon Kahun’s request you will immediately return all Content, purge your systems from any Content and ensure that no copies, extracts or other reproductions are retained by you.
6. RESTRICTIONS ON USE
6.1. You agree that you will not act in any way or transmit any content that: (a) restricts or inhibits use of the Services; (b) solicits another User’s password or other personal information under false pretences; (c) impersonates another User or otherwise
misrepresents yourself in any manner; (d) infringes or results in the infringement of Kahun’s or any other third party’s copyright, patent, trademark, trade secret or other intellectual property rights, privacy rights or other rights; (e) is or reasonably deemed by us or others to be illegal, fraudulent, false, inaccurate, misleading, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) is defamatory, libellous, threatening, abusive, hateful, obscene or indecent, or contains pornography; (g) promotes physical, mental or emotional harm or injury against any User of the Services or any group or individual; (h) does not comply with applicable laws, rules, or regulations, including when required to obtain necessary permits, licenses, registrations, etc.
6.2. You hereby undertake not to transmit to us any personal identifiable information and/or content regarding patients and any personal medical and/or diagnostical information, either of yourself or of others, except for the personal information that you provide us when registering to the Service.
6.3. The software and technology underlying the Services are the property of Kahun and you may not do or attempt to do any of the following, whether directly or indirectly: (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services, including in order to allow you to copy or download any Content; (b) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (c) use the Services and/or Content provided therein in connection with any commercial endeavours in any manner; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine the Content or Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (e) harvest, collect or mine information about other Users of the Service; or (f) use or access another User’s account or password without permission.
6.4. You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content or Services, or products or services obtained from the Services, in any medium to anyone, except as otherwise expressly permitted under these Terms, or any relevant license or subscription agreement or authorization by us. You may not engage in the systematic retrieval of Content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission.
7. USER ACCOUNT REGISTRATION
7.1. We may limit the access to or use of the Services and Content, or portion of them to registered Users, when we wish to introduce a new feature, or believe, in our discretion, that certain part of the Services or Content required further protection. In that case, you will need to register as a member and create a Kahun User account (the “Account”).
Account registration and accessing to the Services via the Account, are subject to the terms and conditions of these Terms. Account registration may be completed by logging
in via your active personal Google account or otherwise by manually registering using your current email address.
7.2. You are solely and fully responsible for maintaining the confidentiality of the login credentials (username and password) of your Account, the authorized access to your Account and for all activities that occur under your Account, including, without limitation, information submitted and retained locally via your Account. You agree not to disclose your login credentials to any third party. We will never ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your Account is at risk if you let someone else use it inappropriately and we reserve the right to terminate your Account, at our sole discretion, if we determine that you or anyone using your Account violates these Terms. You must notify us immediately of any unauthorized use of your Account or login credentials or any other security or data breach you become aware of. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the Terms or from any unauthorized use of your Account or any other breach of security, even if such activities were not committed by you. You may be liable for the losses of Kahun and/or others due to any such use. You agree to indemnify and hold Kahun, its parent, subsidiaries and affiliates, harmless for any improper or illegal use of your Account, including by someone to whom you have given permission to use your Account. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate or unauthorized use of the Services through your registered Account.
7.3. All registered Users represent and warrant that the information they provided when registering as a user, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading.
8. REGISTRATION/USAGE FEES
Kahun does not currently charge fees for the use of the Services. However, you acknowledge and agree that Kahun reserves the right, in its sole discretion, to charge you for and collect fees from you for the use of the Services and to send and receive communications. Kahun will provide notice of any fee collection via the Services prior to implementing such fee, and you will have a choice at that time to continue to use the Services or not. If you choose not to pay, Kahun reserves the right to immediately terminate your access to the Services.
9. TERMINATION OF ACCOUNT
9.1. You agree that Kahun may, for any reason, in its sole discretion and without notice, terminate your Account, and remove from the Services any content associated with your Account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is harmful to other Users, guests, third parties or the business interests of Kahun, or (v) behavior that violates the privacy of other Users, guests or third parties.
9.2. If Kahun believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any corrective action we deem
appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Service. You may request termination of your Account at any time and for any reason by sending an email to support@kahun.com. Any suspension, termination, or cancellation shall not affect your obligations to Kahun under these Terms, including but not limited to ownership, indemnification, and limitation of liability, which by their sense and context are intended to survive such suspension, termination, or cancellation.
10. PRIVACY
You agree that you have thoroughly read, understood and accept Kahun’s Privacy Policy, which explains how we collect, store and use the personal and nonpersonal information obtained from you when you are using the Services. You explicitly consent to the use, access, disclosure, transfer and preservation of the personal information you provide via the Service, including storing, processing, and disclosing the data in accordance with these Terms and the Privacy Policy, which is incorporated by reference into these Terms.
In accordance with your undertaking not to transmit to Us such information, Kahun does not collect any personal identifiable information about patients and/or any medical diagnosis that could identify a person, and thus Kahun does not deem to be subject to Personal Health Information related regulations.
11. FEEDBACK
In the event that you provide Kahun with any suggestions, comments or other feedback relating to the Services (collectively, “Feedback”), such Feedback is deemed at its incipiency the sole and exclusive property of Kahun and you hereby irrevocably assign to Kahun all of your rights, title and interest in and to all Feedback, if any, and waive any moral rights to it you (or anyone on your behalf) may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you shall not provide any Feedback which is subject to any third-party rights or any limitations, and, without derogating from the foregoing, shall promptly inform Kahun as soon as you become aware of any third-party right or limitation which may apply to Feedback already provided.
12. INTELLECTUAL PROPERTY
“Intellectual Property” means Kahun’s proprietary and intellectual property rights, including the App and the Site, its logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, Kahun’s proprietary software, databases, AI, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site and the App and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered, and any and all Feedback.
The Intellectual Property is owned by and/or licensed to Kahun and is subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Kahun’s proprietary rights, including Kahun’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.
“Kahun,” “Kahun Medical” and all logos and other proprietary identifiers used by Kahun in connection with the Services, (“Kahun Trademarks”) are all trademarks and/or trade names of Kahun, whether or not registered. All other trademarks, Services marks, trade names and logos which may appear on or with respect to the Services belong to their respective owners (“Third Party Marks”). No right, license, or interest to Kahun Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Kahun Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Kahun and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Services, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Kahun marks and logos, whether registered or not.
All elements comprising the Services, including without limitation, the text, design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of Kahun or its licensors. Except as expressly permitted in these Terms, any use, reproduction, modification, distribution, transmission, republication, display or performance of the Services or any content is strictly prohibited. Trademarks, services marks and logos displayed on the Services are the exclusive property of Kahun unless otherwise stated and may not be used without the express written consent of Kahun. All rights not expressly granted herein are reserved to Kahun, its affiliates and its licensors.
13. THIRD PARTY COMPONENTS
The Services may use or include third party software, files and components that are subject to open source and/or third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Services is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Services and Kahun disclaims all liability related thereto. You acknowledge that Kahun is not the author, owner or licensor of any Third Party Components, and that Kahun makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the
Services or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
14. LINKS
The Services may contain links to third-party sites or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from external sites or resources linked to the Services.
15. AVAILABILITY OF AND CHANGES TO THE SERVICES
The Services’ availability and functionality depend on various factors, such as communication networks, software, hardware, and Kahun’s Services providers and contractors. Kahun shall use reasonable commercial efforts to maintain the availability of the Services but does not warrant or guarantee any specific level of availability of the Service. Kahun does not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free. Kahun will not be liable to you as a result of temporary service interruptions.
Kahun reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Services (or any part thereof) without prior notice to you, at any time, and in such event, you will not be able to access your Account or any User Content uploaded to the Services. In addition, you hereby acknowledge that the Content available through the Services may be changed, modified, edited or extended in terms of content and form or removed at any time without any notice to you. You agree that Kahun shall not be liable to you or to any third party for any modification, suspension, error, malfunction or discontinuance of the Services (or any part thereof).
16. DISCLAIMERS & DISCLAIMER OF WARRANTY
YOU HEREBY AKNOWLEDGE THAT KAHUN DOES NOT DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE NOR DOES IT SUGGESTS ANY PROFESSIONAL HEALTH ADVICES. THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. KAHUN DISCLAIMS RESPONSIBILITY FOR ANY AND ALL INFORMATION UPLOADED OR COMMUNICATED THROUGH THE SERVICES BY USERS.
KAHUN AND ITS AFFILIATES AND/OR ITS SUBSIDIARIES, INCLUDING ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “KAHUN AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY
CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE SERVICES.
KAHUN DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. KAHUN MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICES AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.
17. LIMITATION OF LIABILITY
Kahun assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content on the Service. Kahun is not responsible for any problems or technical malfunction of any network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the internet, on the Services, including any injury or damage to users or to any person’s personal device related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Kahun be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline.
IN NO EVENT SHALL KAHUN OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR CONTENT THEREIN, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT KAHUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR KAHUN’S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF KAHUN AND/OR ANY KAHUN AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL KAHUN ‘S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO KAHUN FOR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO KAHUN FOR THE USE OF THE SERVICE, THEN KAHUN SHALL HAVE NO LIABILITY WHATSOEVER TOWARDS YOU.
18. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kahun and its respective employees, directors, officers, subsidiaries, Kahun Affiliates, partners, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) your use of the Services(or any part thereof); (b) breach of these Terms by you or anyone using your computer, mobile device or password; (c) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service; (d) your violation of any law or regulation; (e) your infringement of any right of any third party; (f) information you provide to or use in connection with the Services violating third party intellectual, privacy or other rights and (g) any other matter for which you are responsible hereunder or under law. You agree that your use of the Services shall be in compliance with all applicable laws, regulations and guidelines.
19. NOTIFICATION OF INFRINGEMENT
Notifications regarding any alleged intellectual property infringement should be directed to the Kahun Legal Department by email addressed to legal@kahun.com.
20. NO WAIVER
The failure of Kahun to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right nor shall it operate to bar the exercise or performance thereof at any time or times thereafter. A waiver of any right hereunder at any given time shall not be deemed a waiver thereof for any other time.
21. MODIFICATION
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended Terms on the Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an updated effective date.
22. SEVERABILITY
If any provision of these Terms is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, you and Kahun shall, if possible, agree on a legal, valid and enforceable substitute provision which is as similar in effect to the deleted provision as possible. The remaining portion of these Terms not declared illegal, invalid or unenforceable shall, in any event, remain valid and effective for the term remaining unless the provision found illegal, invalid, or unenforceable goes to the essence of these Terms.
23. NOTICES
You agree that we may send notices to you by email at the email address you provide when registering to become a registered User of the Services (or which you later update). All notices to Kahun hereunder shall be in writing, personally delivered, by certified mail, return receipt requested, or by nationally recognized overnight delivery service or email:
support@kahun.com. A notice shall be effective from the date of personal delivery or upon receipt if sent by certified mail, and upon the date of sending if sent by fax or email.
24. GOVERNING LAW AND VENUE
These Terms, and the rights and remedies provided hereunder, and any and all claims, disputes and controversies arising hereunder or related hereto and/or to the Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms, or any related transaction shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles, and shall be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts in Tel Aviv, Israel.
25. NO RELATIONSHIP
These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Kahun and you.
26. NO ASSIGNMENT
Kahun may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Services to a third party at any time without your consent or prior notice to you. Kahun may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement without our prior written consent. Any attempted or actual assignment thereof without Kahun’s prior explicit and written consent will be null and void.
27. ENTIRE AGREEMENT
These Terms constitute the entire terms and conditions between you and Kahun relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Kahun and you, including, without limitation, those made by or between any of our respective representatives, with respect to the Services and the Service.
You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Kahun in entering into these Terms.
28. CONTACT US
For any questions or comments, or to report violations of this Agreement or these Terms, let us know by contacting us at: support@kahun.com.
