Terms & Conditions

Curated Ltd. (“Curated”, the “Company”, “we”, “our” or “us”) welcomes you (the “User(s)”, or “you”) to our website at: [please insert a link] and its subdomains (collectively, the “Site”) and to our online [AI-driven knowledge optimization and delivery platform - please confirm/amend short description of the platform] (the “Platform”, as further defined below). Each of the Site’s and/or the Platform’s Users may use them in accordance with the terms and conditions hereunder.

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1. Acceptance of the Terms

To the extent that you have executed a purchase order with Curated with respect to the Platform (the "Order Form"), these Terms are hereby incorporated into the Order Form and any limitations, terms and/or conditions stipulated in the Order Form shall apply in addition to those stipulated in these Terms. In case of conflict between these Terms and those stipulated in the Order Form, the provisions of the Order Form shall supersede these Terms.

By (i) executing an Order Form (as applicable); or (ii) entering, connecting to, accessing or using the Site and/or the Services (as defined below) and/or the Platform, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at: [please insert a link] (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulationsregarding your use of the Site and/or the Services and/or the Platform and you acknowledge that these Terms constitute a binding and enforceable legal contract between Curated and you.  IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU DO NOT POSSES THE LEGAL CAPACITY TO ENTER INTO THESE TERMS, PLEASE DO NOT ENTER TO CONNECT TO, ACCESS OR USE THE SITE AND/OR PLATFORM IN ANY MANNER.

The Site and/or the Platform are available only to individuals who are at least eighteen (18) years old. You hereby represent and warrant that (a) you possess the legal authority to enter into these Terms on your (and if applicable, your organization’s) behalf and to form a binding agreement under any applicable law, (b) you shalluse the Site and/or the Services and/or the Platform in accordance with these Terms; and (c) you shall fully perform your obligations hereunder. For the avoidance of doubt, any act or omission performed by you in connection with the Site and/or Platform shall obligate your organization.

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2. The Site, Platform and the Services [Please review this section carefully and confirm/amend as necessary]

The Site provides comprehensive information regarding our company, products, services and other activities. The Site also allows Users to contact us in order to access and use our Platform, and it serves as a portal to our Platform. For the avoidance of doubt, the Site serves mainly as an informative marketing tool and engagements of any sort with us (including any use of the Platform) is subject to the execution of an Order Form with the Company.

The Platform operates as an online AI-based chatbot for businesses, intended to assist your organization's service and sales representatives in managing interaction with your end-users and to enhance your go-to-market team performance, based on the User Data (as such term is defined below). The term "Platform" includes any dashboard, algorithms, utility, application programming interfaces, Content, tools, reports, and analytics capabilities, as well as any service provided via the Platform.

The Site and Platform include certain content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Site and the Platform, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site and/or Platform (collectively, the “Content”).

If you would like to receive more information about our products, you can complete a contact form on the Site, which will allow us to send you newsletters and commercial materials. 

The Site, the Platform and any services offered via the Site and/or Platform, shall collectively be referred to herein as the “Services”.

ALL RIGHTS IN AND TO THE SITE, THE SERVICES, THE PLATFORM AND/OR THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO CURATED OR ITS LICENSORS. 

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, PLATFORM, SERVICESAND/OR THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS,AND CURATED WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE PLATFORM AND/OR THE SERVICES AND/OR THE CONTENT AVAILABLE THEREIN. YOUR USE OF THE SITE, THE PLATFORM, THE SERVICES, AND/OR THE CONTENT, IS ENTIRELY AT YOUR OWN RISK. CERTAIN RESULTS GENERATED BY THE PLATFORM MAY BE BASED ON ARTIFICIAL INTELLIGENCE TECHNOLOGY, AND THE COMPANY DOES NOT GUARANTEE THE ACCURACY OF SUCH RESULTS. CURATED DOES NOT GUARANTEE ANY PARTICULAR RESULTS FROM THE USE OF THE PLATFORM. THE PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND.

You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site and/or the Services and/or the Platform, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.

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3. Account

Users who wish to use and access the Platform are required to open an account by providing us with certain information (the “Account”). The Account shall be accessed and/or used solely by yourself and where applicable your employees or service providers who are explicitly authorized by you to use the Platform (each, a “Permitted User”). Each Permitted User shall retain their own Account, which will be linked to your Account and which is subject to these Terms. You hereby acknowledge and agree: (i) to keep, and ensure that the Permitted Users keep the Account login details and passwords secured at all times, and otherwise comply with these Terms; (ii) to remain solely responsible and liable for the activity that occurs in the Account and for any breach of these Terms by a Permitted User; and (iii) to promptly notify Company in writing you become aware of any unauthorized access or use of the Account or the Platform. We may send you a text message with a security code, to authenticate your Account and ensure its security.  

You must implement and maintain reasonable physical, technical safeguards to maintain and protect the device on which you are using the Platform and your Account. You must not disclose your passwords and the ways of accessing your device to others. You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Curated. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events act in accordance with the Company’s reasonable instructions. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account. You are solely and fully responsible for maintaining the confidentiality of your password and Account and for all activities that occur under your Account. If we believe, in good faith, that you have created an Account impersonating another person, such Account may expose you to civil and/or criminal liability.

We note that we can suspend access to your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of Curated, its Users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; and/or (f) we are required to by law. We may provide you a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.

CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF THE FEATURES OR CAPACITY OF YOUR ACCOUNT AND ALL DATA UPLOADED. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

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4. Consideration; Trial [please confirm]

Your use of the Platform (and the related Services) may be conditioned on the payment of certain fees under certain terms, as may be agreed upon in a separate agreement or an Order Form executed by the Company and your Organization.

Curated may, at its sole discretion, offer Users a free trial version of the Platform for a limited period (“Trial”). The specific Trial period will be stipulated on our Site, or otherwise agreed with you in writing. We may impose, at any time, with immediate effect and at our sole discretion, restrictions on the use of Platform and the Services under the Trial model, including limitation on the availability of to certain features of the Platform, limitations on the period of the Trial period and so forth. Unless otherwise agreed in writing between Curated and you, the limited license granted under Section ‎‎‎8 below is for a trial purpose only. For the avoidance of doubt, Curatedmay terminate your license to use the Platform, and your use of the Platform and the Services, at any time, and at its sole discretion, and you hereby waive any claim and discharge Curated from any liability in this regard. Upon the expiration of the Trial period or earlier termination of these Terms by Curated, you will immediately discontinue all access and use of the Platform and your Account (as defined below) will be cancelled. 

Notwithstanding anything to the contrary in these Terms, during the Trial period the Platform is provided on an “AS IS” and “AS AVAILABLE” basis without any warranty whatsoever and we will have no warranty, indemnity, support, or other obligations or liabilities with respect to the Trial and you use of the Platform and Services as part of the Trial. In the event of any conflict between the terms of this Section (“Trial”) and other terms of these Term, the terms of the Trial shall govern with respect to the Trial period, and the terms of these Terms shall govern with respect to all other terms.

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5. Use Restrictions

There are certain conducts which are strictly prohibited when using the Site and/or the Services and/or the Platform. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Curated’s sole discretion) in the termination of your use of the Site and/or the Services and/or the Platform and/or Content and may also expose you to civil and/or criminal liability.

Unless otherwise explicitly permitted under these Terms or in writing by Curated, you may not (and you may not permit anyone to): (a) use the Site, Content, Services, or Platform for any illegal, immoral, unlawful, or unauthorized purposes; (b) remove or disassociate any restrictions and signs indicating proprietary rights of Curated or its licensors from the Content, Site, Services, or Platform, including but not limited to any proprietary notices contained in such materials (such as ©, ™, or ®); (c) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, search or retrieval application, or other manual or automatic device, process, or method to access the Site, Services, or Platform and retrieve, index, or data-mine information; (d) interfere with or disrupt the operation of the Site, Services, Platform, or the servers or networks that host them, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (e) falsely state or misrepresent your affiliation with any person or entity, express or imply that Curated endorses you, your site, your business, or any statement you make, or present false or inaccurate information about the Site, Services, or Platform; (f) take any action that imposes an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (g) bypass any measures we may use to prevent or restrict access to the Site, Services, or Platform; (h) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Curated on or through the Site, Services, or Platform, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (i) make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify, or create derivative works of the Site, Platform and/or content or any material that is subject to Curated's proprietary rights, in any way or by any means; (j) make any use of the Content, Services, or Platform on any other site or networked computer environment for any purpose without Curated's prior written consent; (k) create a browser or border environment around Curated Content (no frames or inline linking allowed); (l) frame or mirror any part of the Site, Services, or Platform without Curated's prior express written authorization; (m) create a database by systematically downloading and storing any Content from the Site, Services, or Platform; (n) transmit or make available any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other harmful, disruptive, or invasive code or component in connection with the Site, Services, or Platform; (o) use the Site, Services, or Platform for any unintended purpose; and/or (p) infringe or violate any of the Terms.

You hereby declare and agree that it shall only use the Platform in a manner that complies with all applicable laws in the jurisdiction in which you use the Platform, including, but not limited to, applicable restrictions concerning the protection of privacy and intellectual property including copyrights and any other intellectual property rights.

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6. User Data [please confirm]

Users may upload certain content and information to the Platform ("User Data"). You hereby grant the Company a limited, revocable, sub-licensable (solely as necessary to perform these Terms), non-exclusive, royalty-free, and worldwide license to use the User Data for the purpose of operating the Platform, performing the Company's obligations under these Terms, meeting its legal requirements, and as otherwise permitted under these Terms. You shall have sole responsibility for the accuracy, quality, and legality of the User Data and the means by which you acquired such User Data. You represent and warrant that the User Data has been collected, processed, and transferred to the Company in accordance with applicable laws. User Data shall remain at all times, and to the extent permitted by law, the sole and exclusive property of the User. 

You warrant that: (a) you are duly entitled to grant the license granted above or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the licensors of such User Data; (b) the User Data shall not knowingly contain any type of computer virus or any other component that may disrupt, modify, delete, harm, or otherwise impede the operation of the Platform and/or Company's computer systems; and (c) the User Data does not and will not infringe, misappropriate, or violate any intellectual property rights or any other rights of any third party. 

You hereby agree that the User Data is uploaded to the Platform at your sole discretion, the Company does not verify or monitor such User Data, and as such, it may affect the results of the Platform. Your use and reliance on User Data is at your own risk, and the Company assumes no responsibility or liability for your reliance on User Data. You understand and agree that you are solely responsible for your User Data and the consequences of uploading such User Data to the Platform. The Company will not bear any liability for any loss, damage, cost, or expense that you may suffer or incur as a result of or in connection with uploading any User Data.

We may create limits on the use of the Platform, including limitations on size and storage space available for Users to upload User Data. The Platform is not intended to be used as a storage or backup service, and you must retain backups of all User Data. Curated explicitly reserves the right, at its sole discretion, to scan and remove, without giving any prior notice, any User Data which infringes these Terms or applicable law.

We may use anonymous information derived from the use of the Site, Services, Platform, and User Data (i.e., non-identifiable information, aggregated or analytics information) in any manner to provide and improve Company's products and services and for any legitimate business purpose. The Company is and shall remain the sole and exclusive owner of the analytics information.

THE PLATFORM IS NOT INTENDED FOR STORAGE, BACKUP AND/OR MANAGEMENT OF USER DATA, AND ANY DATA THAT YOU UPLOAD TO THE PLATFORM IS UPLOADED AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR ENSURING THAT YOU MAINTAIN BACKUP COPIES OF ALL USER DATA THAT YOU UPLOAD TO THE PLATFORM. WE DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OF SUCH DATA.

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7. Privacy Policy  

We respect your privacy and are committed to protecting the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site and/or the Services and/or the Platform. Our policy and practices and the type of information collected via the Site and/or the Services and/or the Platform are described in detail in our Privacy Policy available at [please insert a link], which is incorporated herein by reference. You agree that Curated may use personal information that you provide or make available to Curated in accordance with the Privacy Policy. If you intend to access or use the Site and/or the Services and/or the Platform you must first read and agree to the Privacy Policy. IF YOU INTEND TO ACCESS OR USE THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM, YOU MUST FIRST READ AND AGREE TO THE PRIVACY POLICY.

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8. Intellectual Property Rights

The Site and/or the Services and/or the Platform and/or the Content and Curated's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Curated and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Curated and its licensors. The Terms do not convey to you an interest in or to Curated's Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of Curated’s Intellectual Property under any law.

Subject to the terms hereof, and to the extent that you, or your organization have executed an Order Form with the Company (and subject to the terms thereof), the Company hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable and fully revocable limited right to access anduse the Platform (including the Content) for your internal business needs, in accordance with the terms included in these Terms. Access to the Platform will be granted by remote means on a Software-as-a-Service (SaaS) basis. It is hereby clarified that you are not granted any rights in respect to the source code or executable code of the Platform.

To the extent you provide any feedbacks, comments or suggestions to Curated regarding the Site and/or the Services and/or the Platform or otherwise (“Feedback”), Curated shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Curated current or future services and/or activities and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Curated to comply with any additional obligations with respect to any Curated current or future products, technologies or services that incorporate any Feedback.

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9. Trademarks and Trade names

Curated’s marks and logos and all other proprietary identifiers used by Curated in connection with the Siteand/or the Services and/or the Platform (“Curated's Trademarks”) are all trademarks and/or trade names of Curated, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site and/or the Services and/or the Platform belong to their respective owners (“Third Party Marks”). No right, license, or interest to Curated's Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

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10. Linking to Curated's Site and links to Third Party Sites

We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Curatedand does not portray Curated in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to the Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking. 

Certain links provided herein permit our Users to leave the Site and/or Platform and enter non-Curated sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of Curated and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, Curated is not responsible or liable for such linked sites and services' privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. Curated reserves the right to terminate any link at any time. You further acknowledge and agree that Curated shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable, and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.

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11. Special provisions relating to Third Party Components [Please review and confirm]

The Site and/or the Platform may use or include third party software, files and components that are subject to open source and third party license terms ("Third Party Components"). Your right to use such Third Party Components as part of, or in connection with, the Site and/or the Platform are 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 in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Site and/or the Platform and Curated disclaims all liability related thereto. You acknowledge that Curated is not the author, owner or licensor of any Third Party Components, and that Curated 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 Site and/or the Platform or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.

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12. Results; AI [Please review and see if and how this should be adjusted. If this will only be applicable in next stages, we can also remove this as this stage, and have this document updated in the future, as the platform is being upgraded from time to time]

The Platform may use third party’s artificial intelligence tools and services (the “AI Tools”), to process, analyze, summarize, and generate certain responses and outputs based on the content included within the User Data (collectively, the “Output Data”).

It should be noted that the AI Tools may not be available in all jurisdictions worldwide, and therefore access to the Platform may be restricted in certain countries which are not supported by the AI Tools, resulting in inability to use the Platform. The Company shall not be liable for your inability to use the Platform for said reason.

Users acknowledge and agree that: (a) the Platform does not provide legal or professional advice and does not guarantee the accuracy, completeness, timeliness or fitness for a particular purpose of any Output Data; (b) the Output Data is based on the processing of User Data by AI Tools, and as such, taking into account the nature of AI and machine learning, use of the Platform may, in some situations, result in Output Data that does not accurately reflect the User's intended output or needs; and (c) due to the nature of the Platform and AI Tools, Output Data may not be unique and other users of the Platform and/or AI Tools may receive similar output from the Platform or AI Tools.

Users are solely and exclusively responsible for: (i) determining whether their use of the Platform and AI Tools is consistent with their own internal standards, policies and laws applicable to them and their organization; (ii) determining whether and which individuals within their organization should be provided with notice of use of the Platform and AI Tools and implications of relying on the Output Data; (iii) implementing appropriate human oversight of use of the Platform and AI Tools and the Output Data, including evaluation of Output Data for accuracy and appropriateness for their needs and expectations and addressing the findings specified in Output Data, including without limitation determining which actions are appropriate in light thereof; (iv) all actions they take based on Output Data; and (v) taking appropriate precautions when using Output Data for any decisions that could have a legal or material impact on a natural person, and in this respect Users agree not to rely solely upon the Platform and/or the Output Data for any decisions that may have consequential impact on an individual, including but not limited to legal standing, financial implications, human rights and/or physical or psychological harm.

USERS AGREE AND ACKNOWLEDGE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THEIR USE OR RELIANCE ON THE OUTPUT DATA AND THAT THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY WITH RESPECT TO THEIR USE OF THE OUTPUT DATA. 

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13. Availability 

The Site’s and/or the Platform's availability and functionality depends on various factors, such as communication networks. Curated does not warrant or guarantee that the Site and/or the Platform will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

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14. Changes to The Site, Platform and Services

Curated reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site and/or Platform (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site and/or Platform may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Curated shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site and/or Platform or the Content included therein. You hereby agree that Curated is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.

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15. Disclaimers and No Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM AND/OR THE CONTENT AND/OR THE OUTPUT DATA ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND CURATED, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, "CURATED'S REPRESENTATIVES"), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT (I) THE USE AND OPERATION OF THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM, AND/OR (III) THE SITE AND/OR THE PLATFORM WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND CURATEDREPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS. CURATED AND CURATED'S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR THE USERS’ RELIANCE UPON AND USE OF THE PLATFORM AND/OR THE OUTPUT DATA OR ANY CONSEQUENCES RESULTING THEREFROM AND/OR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR OUTPUT DATA AND/OR INFORMATION DISPLAYED WITHIN THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM. YOU AGREE THAT USE OF THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM AND/OR THE CONTENT AND/OR THE OUTPUT DATA IS ENTIRELY AT YOUR OWN RISK.

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16. Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL CURATED, INCLUDING CURATED'S REPRESENTATIVES BE LIABLE, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, TO THE USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL AND LOST OR DAMAGED DATA OR DOCUMENTATION), SUFFERED BY ANY PERSON, INCLUDING THOSE ARISING FROM, AND/OR RELATED TO, ANY USE OF OR INABILITY TO USE THE SITE AND/OR SERVICES AND/OR THEPLATFORM, AND/OR OUTPUT DATA AND/OR THE CONTENT AND/OR ANY SERVICES PROVIDED HEREUNDER, AND THE ACCURACY OF THE OUTPUT DATA AND THEIR RELIABILITY, EVEN IF ANY PERSON OR PARTY HERETO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM  EXTENT  LEGALLY  PERMISSIBLE,  CURATED AND CURATED'S REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH THE SITE AND/OR PLATFORM AND/OR CONTENT AND/OR OUTPUT DATA AND/OR SERVICES PROVIDED HEREUNDER OR USER'S USE OR INABILITY TO USE THE SITE AND/OR PLATFORM, [SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO CURATED IN THE THREE MONTHS PRECEDING THE EVENT WHICH GAVE RISE TO SUCH LIABILITY, OR $US 100.00, WHICHEVER IS GREATER. please confirm limitation of liability]

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

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17. Indemnification 

You agree to defend, indemnify and hold harmless Curated, including Curated's Representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or the Services and/or the Platform and/or any Output Data and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site and/or the Services and/or the Platform and/or any Output Data; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or the Services and/or the Platform. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

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18. Amendments to the Terms 

Curated may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or the Platform and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Site and/or the Services and/or the Platformand/or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site and/or the Services and/or the Platformon or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

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19. Termination of these Terms

These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply herewith, Curated may immediately temporarily or permanently limit, suspend or terminate your Account. 

Upon termination of these Terms: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Services and/or the Platform, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

Additionally, Curated may at any time and without notice, discontinue your use of the Site and/or the Services and/or the Platform, at its sole discretion, in addition to any other remedies that may be available to Curatedunder applicable law, if it reasonably believes that you have breached any provision of these Terms or applicable law. 

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20. General

(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the Site and/or the Services and/or the Platform or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site and/or the Services and/or the Platform will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts located in the city of Tel-Aviv, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, the Company may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF, OR RELATED TO, THE SITE AND/OR THE SERVICES AND/OR THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign these Terms without restriction or notification, and (i) no amendment hereof will be binding unless in writing and signed by the Company.

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21. Contact us:

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to:[please add email address].