Terms of Use

These Terms of Use (these “Terms”) shall govern your (“You” or “Your”) access and use of the website located at https://cymulate.com (the “Website”) an online resource for information related to Cymulate Ltd. or its affiliates (“We” or “Cymulate”) activities, products and services. By using or accessing the Website you agree to be bound by these Terms.

You agree that we may change any part of the Website, including its content, at any time or discontinue the Website or any part thereof, for any reason, without notice to you and without liability. You declare that by acceptance of these Terms and/or by using the Website, you are of legal age to form a binding contract with Cymulate. If you agree to be bound by these Terms on behalf of your employer or other entity, you represent and warrant that you have the full legal authority to bind your employer or such entity to these Terms. If you do not have the requisite authority, you may not accept these Terms or use the Website on behalf of your employer or other entity. You may not use the Website and may not accept these Terms if you are a person barred from using the Website under the laws of the country in which you are a resident or from which you use the Website.

We may, in our sole discretion, refuse to offer our services to any person or entity. We further may, without notice and in our sole discretion, terminate your right to use the Website, or any portion thereof, and block or prevent your future access to and use of the Website or any portion thereof.

If you violate these Terms, Cymulate reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend your use of the Website. You agree that Cymulate does not need to provide you notice before terminating or suspending your use of the Website, but it may provide such notice at its sole discretion.

Access to the Website

It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Website. Cymulate does not provide you with the equipment to access and/or use our Website. Cymulate cannot guarantee that the Website will always function without disruptions, delays, or errors. Several factors may impact the quality of your communications and use of the Website and may fail your communications, including, without limitation, your local network, firewall, your internet service provider, the public internet, and your power supply. Cymulate takes no responsibility for any disruption, interruption, or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control. You are responsible for all fees charged by third parties related to your access and use of the Website (e.g., charges by internet service providers or air time charges).

Intellectual Property Ownership

Without derogating from any other terms herein, Cymulate and/or its affiliates retain all rights in the Website and its materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Website Materials”). The entire contents of the Website are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, used for any purpose other than for using the Website pursuant to these Terms or otherwise exploit any of the Website Materials without Cymulate’s explicit, prior written consent. All other uses of copyrighted or trademark material, including any derivative use, require explicit, prior written consent from Cymulate. Any reproduction or redistribution of materials not under these Terms is explicitly prohibited and may result in severe civil and criminal penalties.

Cymulate and/or its licensors and affiliates own all right, titles, and interests, including copyrights and other intellectual property rights, in and to all the Website Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Website or accessing any of the Website Materials, or rights to any derivative works thereof.

Communication Channels

The Website may provide communication channels such as blogs, forums, communities, or chat areas (collectively, “Communication Channels”) designed to enable the communication of users with each other and Cymulate. Cymulate is under no obligation to monitor these Communication Channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Cymulate may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Cymulate, and these communications should not be considered reviewed or approved by Cymulate. You will be solely responsible for your activities within the Communication Channels and under no circumstances will Cymulate be liable for any activity within the Communication Channels. You agree that some of your communications within the Communication Channels may be public, and unless provided otherwise under Cymulate’s Privacy Policy, you have no expectation of privacy regarding such use of the Communication Channels. Cymulate is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.

Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials regarding the Website, whether by e-mail or otherwise (collectively, “Feedback”), such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Cymulate is free to use, without any attribution or compensation to you, any and all Feedback for any purpose whatsoever. You understand and agree that Cymulate is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Privacy

Matters related to privacy are also governed by Cymulate’s Privacy Policy, available at https://cymulate.com/ (the “Privacy Policy”), which constitutes an integral part of these Terms by way of reference, and by using or accessing the Website you agree to be bound by its terms and conditions. Unless the context otherwise requires, all reference herein to these Terms shall also include the Privacy Policy. It is being clarified that data protection and privacy matters related to the use of Cymulate’s service shall be governed by Cymulate’s Data Processing Addendum.

We advise you to read the Privacy Policy carefully.

Disclaimers; Limitation of Liability; Indemnification

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

You agree that your use of the Website shall be at your sole risk. Cymulate makes no warranties or representations about the accuracy or completeness of the content of the Website, of the content of any sites linked to the Website, of any Third Party Materials and assumes no liability or responsibility for any:

Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;
Direct, indirect, special, incidental, punitive or consequential damages, of any nature whatsoever, arising out of the use of or the inability to use the Website;
Any unauthorized access to or use of Third Party Materials, secure servers and/or any and all personal information and/or financial information stored therein;
Any interruption or cessation of transmission to or from the Website;
Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party; or
Any errors or omissions in any content or for any loss or damage of any kind incurred due to the use of any content posted, e-mailed, transmitted, or otherwise made available via the Website.

WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL CYMULATE, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, CONSULTANTS AND/OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CYMULATE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CYMULATE SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. CYMULATE’S LIABILITY FOR ANY DAMAGES OR CLAIMS OF ANY KIND, SHALL NOT EXCEED US$ 1.

The security of information and payments transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of e-mail or other internet links shall be borne solely and exclusively by you, and in no event shall any such losses be borne, in whole or part, by Cymulate.

You agree to indemnify and hold Cymulate, and each of its directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with any of the following:

Your use of and access to the Website;
Your violation of any term of these Terms;
Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
Any claim that any user submission made by you has caused damage to a third party.

Notices

Notices to you may be made via the Website and/or e-mail. Cymulate may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Website. You agree that all agreements, notices, disclosures, and any other communications that Cymulate provides as aforementioned satisfy any legal requirement that such communications be in writing.

General

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

For any questions about these Terms of Use or any other issue regarding Cymulate or the Website please contact us at: [email protected].

Last update: February 2022.