Terms of Service

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.