1. Introduction 1.1. These terms of use (“Terms”) are a binding legal agreement between us, Bony Innovation (“Bony”, “we”, “us”, or “our”), and of the user of Bony's website (the “User” and “website”, respectively). These Terms will govern and apply when the User access and use the Website and
Services (as defined below). It is important and recommended that the User take the time to read these
Terms. 1.2. The User acknowledges that these Terms constitute a binding and enforceable legal electronic
contract between the User and Bony. By accessing or interacting with the Website or Services the User
acknowledges that the User has read and understood these Terms. The User agrees to be bound and to
comply with these Terms, and to comply with all applicable laws and regulations regarding the User use
of the Services 1.3. The User further represent and warrant he is eligible to enter into these Terms
(or, where relevant, the User has all proper authorization to enter into these Terms) and he is not defined
as a “child”, or other similar term, in the User jurisdiction and specifically the User are not under
the age of 16. 1.4. Bony respects its users’ privacy rights and thus, handles and stores its user’s
data solely for the purpose of providing and performing the Services. The User shall review
Bony's Privacy Policy before using the Services or accessing the Website.
2. Our Services and Intellectual Property 2.1. We provide the User with comprehensive information and resources about Bony’s business operation
and any other content related thereto, such as, logos, button icons, contact information, images, text,
links, download files, documentation, data and other features (collectively, the “Content”). 2.2. In addition, the Website provides the User with communications means which the User can
use to contact us, e.g. if the User have any question, if the User wish to be Bony's partner and be
provided with the applicable information in this regard, or if the User wishes to receive notifications
by email (the Website together with Content shall be the “Service”). 2.3. The Service is owned by Bony, including, but not limited to, any trade names, trademarks etc.
Except as explicitly provided herein, no license, right, title or interest to the Service shall be
licensed to the User, and Bony and Bony's partners reserve any and all rights, title and ownership
of the Service. The User shall not use Bony's copyrights, trademarks, trade names, or any other
Intellectual Property in any way except to the extent as may be expressly agreed in these Terms.
3.
Third parties' content 3.1. Bony's Content may include links to third parties’ webpage and website which are not operated
or owned by Bony ("Third Parties' Content"). When the User accesses or interacts with such Third Parties’ Content, the User will be subject
to their terms of use and privacy policies. Bony recommends reviewing such terms and policies. Bony has
no control over Third Parties’ Content, and Bony is not obligated to monitor them. 3.2. Bony
EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY THIRD
PARTIES'; CONTENT, WHICH ARE AT THE USER SOLE RESPONSIBILITY AND RISK.
4.
Representations and Warranties 4.1. The User represents and warrants that he will not violate or breach these Terms and any laws and
regulations included administrative guidelines and any terms and conditions of applicable third
party; 4.2. In addition, the User represents and warrants that he will not agree, encourage or authorize
any third party to: 4.2.1. disable, circumvent, or interfere with security-related features of the
Service or prevent others from using the Services; 4.2.2. use the Services in non-compliant,
unlawful, or inappropriate manner; 4.2.3. change, create a derivative work of, reverse engineer, or
disassemble the Service; 4.2.4. use the Services to promote, conduct, or contribute to fraudulent,
illegal or any other inappropriate activities, including without limitation, deceptive impersonation; 4.2.5.
remove, obscure, deface, or alter the Service or any Content therein 4.2.6. use the Service for
benchmarking purposes; 4.2.7. resell, sublicense,, rent, assign, transfer any right, share or any
other commercially exploit or make the Service; 4.2.8. assert any proprietary rights in or to the
Service; 4.2.9. use, access or attempt to use or access the Services with any automated means; 4.2.10.
use the Service in any other unlawful manner; 4.2.11. use Bony’s trade names or trademarks without
Bony’s prior written consent;
5.
Updates Bony reserves the right to update or revise these Terms from time to time, at its sole discretion. Any
updates to these Terms will become effective upon the display of the revised version. The last version
date will be reflected in the "Last Revised" heading located at the top of these Terms. Please
review these Terms from time to time. In the event of material amendments that will affect your rights,
Bony will make best efforts to provide an applicable notice
6.
Disclaimer The Service is provided on an"as is" and "as available" basis without warranties of any
kind, express or implied, including, without limitation, representations, warranties and conditions
of merchantability, fitness for a particular purpose, non-infringement, title and those arising by statute
or from a course of dealing or usage of trade, suitability, marketability, incompleteness, applicability
or relevance of the Service. The User agrees that Bony will not be held responsible for any decision
made or not made or action taken or not taken in reliance on the Service nor does Bony assume any
responsibility for any damages, injury or loss incurred as a result or in connection with such actions.
Bony makes no representation or warranties that the Service is or will be available for use in any
particular location or at specific time. Except as expressly stated herein, Bony does not make any kind
of representations, warranties or conditions, express or implied, as to the security of any information
the User may provide or activities the User engage in during the course of the User use of the
Services. The User use of the Services is at the User own risk and responsibility. Applicable law may
not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein
may not apply.
7.
Limitation of Liability THE USER ACKNOWLEDGES AND AGREES THAT TO THE FULLEST EXTENT PERMITTED BY LAW, Bony, ITS AFFILIATES AND
THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, AND ITS DISTRIBUTORS, VENDORS, THIRD PARTY
LICENSORS (COLLECTIVELY "Bony's AFFILIATES"), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR
EXEMPLARY
DAMAGES OR DAMAGES, FOR LOST PROFITS, LOSS OF DATA, INTERRUPTION, ECT., ARISING OUT OF THE USE OR
INABILITY TO USE THE SERVICE EVEN IF Bony HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Bony
WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE OF ANY OF Bony's
OBLIGATIONS THAT IS CAUSED BY AN EVENT OUTSIDE Bony's CONTROL (INCLUDED BEYOND Bony's
REASONABLE CONTROL). IN NO EVENT SHALL Bony OR Bony’S AFFILIATES AGGREGATE LIABILITY FOR ANY CLAIM
ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES SHALL EXCEED $500 US DOLLARS.
8.
Indemnification The User agrees to defend, indemnify and hold harmless Bony and Bony's Affiliates from any third
party claims, damages, liabilities and expenses such as reasonable attorney’s fees that arise as a
result of the user’s breach of these Terms included negligence and wrongful act. The obligations under
this section will survive the termination or expiration of the Terms or the Service.
9.
Termination The parties can terminate these Terms and the Services at any time. If the User wishes to terminate
the use of the Services, the User may do so by simply cease the use of the Service. Bony may terminate
these Terms and to stop the User from using all or any part of the Services at any time, without cause
and without notice, effective immediately. Bony may modify, suspend, change, or discontinue any feature
of the Service at any time without notice to the User and without any liability to the User whatsoever
in connection therewith.
10.
Indemnification The User agrees to defend, indemnify and hold harmless Bony and Bony's Affiliates from any third
party claims, damages, liabilities and expenses such as reasonable attorney’s fees that arise as a
result of the user’s breach of these Terms included negligence and wrongful act. The obligations under
this section will survive the termination or expiration of the Terms or the Service.
11.
Jurisdiction These Terms and the Service shall be governed solely by the laws of the State of Israel, without giving
effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected
with or relating to these Terms and the Services will be under the exclusive jurisdiction of the
competent court in Tel-Aviv, Israel. The time limitation in respect to any claim to the Service shall
be limited to twelve (12) months as of the relevant claim, and will be permanently barred afterwards
12.
Miscellaneous 12.1. The User relationship with Bony is that of an independent contractor, and nothing in these Terms
is intended to, or should be construed to create a joint venture, employment partnership or agency
relationship. 12.2. If any part of these Terms will be determined to be invalid or unenforceable,
such determination shall not affect the remaining provision, which will remain valid and in force. 12.3.
These Terms constitute the entire understanding between the parties with respect to the. 12.4. In no
event a failure of Bony to enforce any rights or to take action against the User in the event of any
breach hereunder shall be deemed as a waiver of such rights or of subsequent actions in the event of
future breaches.
12.5. The user shall not assign or transfer any of the user’s rights in these
Terms. Bony may assign its rights and obligations in and to these Terms and the Service to a third
party at its sole and absolute discretion. 12.6. The User is welcome to contact Bony in any matter
relating to these Terms and the Service as follows:
+ 1 (833) 237-8281 Or send an Email to support@bonyinnovation.com