Introduction
Please read these Terms carefully. This is a legal agreement between you and the Company. By accessing or using the Services, you agree to be bound by these Terms. Your use of the Services is subject to our Privacy Policy, which governs the collection and use of information by us.
Modification and Accuracy
Our Services are always evolving, so it is important that you periodically check here, as well as the specific rules for any services in which you choose to participate for any updates. We reserve the right to change these Terms or any information presented on our Platform from time to time. If we revise the Terms, such revision will take effect immediately upon being posted on our Platform, except where required otherwise under applicable laws. In any event, and to the extent permitted by applicable law, not canceling your agreement to use the Services under these Terms before the effective date will be deemed your consent to the amended terms.
By accessing or using any of our Services, you agree to review the Terms periodically to become aware of such revisions. If you do not agree to any of the Terms stated herein, you should discontinue using our Platform.
We are not responsible if information made available in these Terms or on the Services is not accurate, complete or current. The material in these Terms or on the Services should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Services is at your own risk.
The Services
Subject to your compliance with the Terms, the Company grants you a non-exclusive, non-assignable, worldwide, revocable limited license to use the Platform.
The Company reserves the right to change, modify, suspend or discontinue any portion of the Services at any time. The Company may also impose limits on certain features or restrict your access to parts or the entire Services without notice or liability. In such event, your sole recourse would be to terminate the agreement between the Parties, in accordance with the termination provisions of these Terms.
Certain features of the Platform may rely on third-party technologies, infrastructure providers, artificial intelligence models, software components, or external services. The Company does not control and shall not be responsible for the availability, performance, accuracy, security, or continued operation of any third-party service.
The Company may replace, modify, suspend, or discontinue the use of any third-party provider at any time.
User Content
You may provide information, content, or any other material to the Platform ("Input"). Based on such Input, the Platform may generate and return output in form of documents, pages, boards, code and other information or materials to you ("Output").
As between the Parties and to the extent permitted by applicable law, you grant us a worldwide, irrevocable, non-exclusive license to host, copy and use Input and Output as required in order to provide you with the Services. We may use Input and Output to improve, train, provide, maintain, and develop new products and services, comply with applicable law, defend and enforce our rights or the rights of other users, and enforce our policies. We may also make use of your Input and Output in anonymized form to analyze usage patterns, conduct statistical analysis, and improve the Platform's performance, functionality, reliability, and user experience, including the optimization of the Platform and its features.
For the avoidance of doubt, metadata, usage data and analytics information are owned by us exclusively, are not considered Input or Output and may be processed freely by us without limitation in our sole discretion, for any purpose, without notice or consent.
The Platform makes use of advanced technologies, including artificial intelligence. You acknowledge and understand that, due to the nature of machine learning and generative artificial intelligence, Output may not be accurate, complete or unique across users and the Platform may generate the same or similar Output for different Users or third parties. Other users may provide Input and receive the same or substantially similar Output. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, USE OF OUR PLATFORM MAY IN SOME SITUATIONS RESULT IN OUTPUT THAT DOES NOT ACCURATELY REFLECT REAL PEOPLE, PLACES, OR FACTS OR ACHIEVE THE DESIRED GOAL OR PURPOSE. YOU MUST EVALUATE THE ACCURACY, LAWFULNESS, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SAFETY, MERCHANTABILITY, AND ANY OTHER ASPECT REGARDING THE OUTPUT AS APPROPRIATE FOR YOUR USE CASE, INCLUDING BY USING HUMAN REVIEW OF THE OUTPUT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE RESPONSIBLE OR HELD LIABLE IN ANY MANNER AND UNDER ANY CIRCUMSTANCES FOR THE OUTPUT, THE USE OF THE OUTPUT OR YOUR RELIANCE ON THE OUTPUT.
The User remains solely responsible for reviewing, verifying, and exercising appropriate professional or independent judgment before relying on any Output. The User acknowledges that the Platform is not intended to replace professional advice or decision-making.
Subject to the User's compliance with these Terms and applicable law, the User may use Output generated for the User through the Platform for any lawful purpose.
Nothing in these Terms grants the User any ownership rights in the Platform, its underlying models, software, algorithms, training methodologies, or other proprietary technology of the Company.
Users' Undertakings
This Section sets out the rules governing Users' conduct when accessing and using the Platform:
A User of the Services shall not: (i) use the Services in a jurisdiction that does not allow use of such services; (ii) use the Platform in a manner which may cause a disturbance to other Users of the Services or to online or network resources, including without limitation, denial of service attacks, distribution of malware, spyware or other similar codes, files or programs which are intended to interfere with the ongoing regular operation of any software, hardware or other network components; (iii) take any action which could result in the distribution of any content which, without proper authorization or permission, would infringe copyright protection or violate the privacy of a third party. Also, the User shall not take any action which could result in the distribution of illegal or unlawful content or would constitute illegal activity.
With regard to the Platform, the User will not (i) contest, or assist others to contest, the Company's rights or interests in and to the Services and all applications, registrations or other legally recognized interests of the Company therein, or any element, derivation, adaptation, variation or name thereof; or (ii) seek to register, record, obtain or attempt to pursue any proprietary rights or protections in or to the Company Property (as defined below); or (iii) remove, obscure or alter any notices of proprietary rights or disclaimers appearing in or on the Company's properties; or otherwise challenge or interfere with the Company's intellectual property rights or ownership.
Intellectual Property
Except as expressly granted in accordance with these Terms, the Company retains all right, title and interest in and to the Platform and any versions, revisions, corrections, modifications or derivatives thereof, including any proprietary rights therein ("Company Property"). All rights in and to the Company Property which are not expressly granted herein are reserved by the Company. These Terms do not convey any title or ownership rights to the Users.
The User may not or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Platform; (b) circumvent, disable, or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any content; (c) use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform; or (d) harvest, collect or mine information about users of the Platform.
If the User provides the Company with suggestions, ideas, recommendations, enhancement requests, comments, or other feedback relating to the Platform, the Company may use, implement, modify, commercialize, and otherwise exploit such feedback without restriction and without any obligation to compensate the User.
Disclaimer of Warranty
No representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of our Services. The information contained herein is provided for general information only.
Your use of the Platform is at your sole discretion. The Services are provided on an "AS-IS" and "AS AVAILABLE" basis without warranties of any kind from the Company. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR SERVICES PROVIDED BY THE COMPANY. THE COMPANY DOES NOT UNDERTAKE ANY OBLIGATION TO UPDATE, REVISE, OR SUPPLEMENT THE INFORMATION CONTAINED IN THE SERVICES.
If you choose to rely on any information made available through the Services, you do so at your sole risk and discretion. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions and limitations may not apply to you.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY CONTENT INCLUDED ON THE SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
In addition to the foregoing, the Company 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. The Company is not responsible for any problems or technical malfunction of any telephone or cellular phone 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 or on the Services, including any injury or damage to users or to any person's mobile device or computer related to or resulting from participation or downloading materials in connection with the Services.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE PLATFORM OR FROM ANY CONTENT POSTED ON OR THROUGH THE PLATFORM.
Indemnification
The User hereby agrees to indemnify, defend and hold the Company, its subsidiaries, parent corporation and affiliates, partners, sponsors and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, "Indemnified Parties"), harmless from and against any and all liabilities, losses, expenses, damages, and costs (including reasonable attorneys' fees), incurred by any of the Indemnified Parties in connection with any claim arising out of your use of the Services, whether or not authorized by the User, a User's violation or breach of these Terms or a User's violation of the rights of any other person or entity.
Term and Termination
The term of these Terms will commence upon your initial use of the Services and will continue until terminated in accordance with the provisions of this section (the "Term").
The User can terminate these Terms at any time by ceasing use of the Platform.
The Company may terminate these Terms and restrict or prohibit the use of the Platform by the User, in its sole discretion.
Without derogating from the foregoing, upon termination, all rights, licenses and obligations of the Parties shall cease, except that all obligations that are accrued prior to the effective date of termination and remedies for breach of these Terms shall survive.
Upon termination, each Party will not be liable to the other Party or any other person or entity for damages resulting from the termination of these Terms. Following the termination of these Terms, each Party will have no obligation to maintain any information stored in its possession related to the other Party.
The Company may suspend, restrict, interrupt, or terminate access to the Platform at any time, in its sole discretion, including where it reasonably determines such action is necessary due to maintenance, upgrades, or security purposes, or to prevent or address fraud, abuse, security threats, legal or regulatory risk, harm to the Platform, the Company, or other users, or any breach of these Terms.
Governing Law
These Terms are governed by and construed in accordance with the laws of Israel without giving effect to any principles of conflicts of law.
The User agrees that any legal action arising out of or relating to the Terms or the User's use of, or inability to use the Services shall be filed exclusively in the competent courts of Tel-Aviv and the User hereby consents and submits to the personal and exclusive jurisdiction and venue of, and waives any jurisdictional, venue, or inconvenient forum objections to, such courts. Under these Terms, there shall be no third-party beneficiaries to the engagement between the Parties.
Each Party hereby agrees that any claim it may have arising out of or related to these Terms must be filed within one (1) year after such claim has accrued; otherwise, the claim shall be permanently barred.
Assignment Rights, Severability and Waiver
The Company may assign its rights according to these Terms to any third-party at its sole discretion. The User may not assign or delegate User's rights according to these Terms, except, to the extent the User is a company, pursuant to an acquisition of a controlling interest in the User (whether by merger, sale of substantially all of the User's assets, or otherwise) without the Company's prior written consent.
If any part of these Terms is deemed void or unlawful, or for any reason unenforceable or invalid, then that part shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
Failure to assert, at any time, any right, or to require performance regarding these Terms by or on behalf of the Company shall not constitute a waiver, concession, or relinquishment of any sort, and shall not limit the Company's rights with respect to such breach or any subsequent breaches. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
These Terms and any supplemental or incorporated documents or policies constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Contact Information
If you have any questions about these Terms or the Services, please contact us at legal@mybrains.ai.