This page (together with the documents referred to on it) sets out the terms of use on which you may make use of the service provided by us (the “services”), whether as a guest or a registered user. Please read these terms of use carefully before you start using our services. By using our services, you indicate that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, please stop using the services immediately.

ACCESS TO OUR SITE

This site is operated by enabley Limited (“enabley” or “we” or “us”).

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or modify the services we offer on our site without prior notice. We will not be liable if, for any reason, our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

You are responsible for taking all necessary measures to access our site, including the use of equipment compatible with it. You are also responsible for ensuring that all persons who access our site and services through your Internet connection are aware of these conditions and comply with them.

USERNAMES AND PASSWORDS

If you choose, or you are provided with, a user identification code, password or any other information as part of our security procedures (whether as part of a free registration or a paid subscription), you must treat such information as confidential and must not be disclosed to third parties. We have the right to disable any user identification code or password, whether chosen by you or assigned by us, at any time if in our opinion you have failed to comply with any of the provisions of these terms of use or any applicable subscription agreement.

SERVICES OR LICENSES PURCHASED

Paid services can be contracted on an individual basis or on a company-wide basis through a direct contract with us.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or authorized licensee of all intellectual property rights in our site and our platforms, software and other media. These works are protected worldwide by copyright, trademark, and other intellectual property laws. All these rights are expressly reserved. Our services allow you, directly or through your end users, to create, upload, submit and publish certain content, including, without limitation, lesson plans and other educational materials (“Materials”), and your end users to access such content. Materials, create and edit them. Notwithstanding anything to the contrary herein, we reserve the right, without notice to you and/or any end user,

You will ensure that you or your end users own or have the necessary rights and permissions to use and authorize us to use all intellectual property rights in the Materials, and to permit inclusion of the same on our site and platforms, software and other media.

You and/or your end users, as applicable, retain all ownership rights in the Materials. By using our services, you grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the Materials solely in connection with the provision and operation of the services.

You will be solely responsible for any Materials and/or other content and data created, modified, uploaded or used by you, your end users, through our site and platforms.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR THE MATERIALS AND/OR OTHER CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREIN, OR FOR INFRINGEMENTS OF THIRD PARTY RIGHTS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND WHICH INCURRED AS A RESULT OF THE USE OF THE MATERIALS AND/OR OTHER CONTENT.

Our services or site may include open source code from third parties that are subject to the third party’s terms and conditions. In the event of a conflict between the Third Party Terms and these Terms, the Third Party Terms will prevail, but only in relation to the related Third Party Open Source.

You should’nt do it:

• use any of our trademarks or the trademarks of third parties included on our website or platform without the express written permission of the owner; either
• display or use a link in such a way that this site or the enabley platform or any part of its content is displayed within a frame, is associated with any advertising or sponsorship that is not part of the site or the platform, or incorporates any other form any of your content on a third-party website; either
• alter, block or otherwise prevent the display of any content on the site or platform; either
• link to the Site or Platform if the linker’s website may reasonably be considered obscene, defamatory, harassing, offensive or malicious, or if the linker’s website infringes any third party rights or otherwise fails to comply with all applicable laws or regulations .

OUR SITE CHANGES REGULARLY

We aim to regularly update our site and services and may change their content at any time.

OUR RESPONSIBILITY

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. In particular, the material appearing on our site is provided without any warranty or condition as to its accuracy.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising in connection with:

• the use of our services or the inability to use them; either
• content provided by third parties;
• the use of or reliance on any content displayed on our site or in any publication in connection with our services, in particular the use of any content in the course of providing legal advice or drafting transaction documents.

If you are a business user, please note that, in particular, we will not be responsible for:

• loss of profits, sales, business or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunities, goodwill or reputation; either
• any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or downloading any content from it, or from any website linked to it.

We take no responsibility for the content of websites linked to our site. Such links should not be interpreted as an endorsement by us of the linked websites. We will not be liable for any loss or damage that may arise from its use.

EXCEPT AS EXPRESSLY PROVIDED HEREIN: (i) THE SITE, PLATFORMS AND SERVICES OFFERED BY US ARE PROVIDED “AS IS” AND MAY BE UPDATED OR MODIFIED FROM TIME TO TIME; AND (ii) WE DISCLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE RESPONSIBLE FOR: (a) ANY TECHNICAL INTERNET PROBLEMS (INCLUDING, WITHOUT LIMITATION, SLOW INTERNET CONNECTIONS OR SERVICE DROPS); AND/OR (b) ANY PROBLEM ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR YOUR INTERNET SERVICES OR DATA.

WE DO NOT PROVIDE ANY WARRANTIES OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE, PLATFORMS OR SERVICES, INCLUDING THE MATERIALS. YOUR USE OF AND RELIANCE ON THE SITE, PLATFORMS AND SERVICES IS DONE AT YOUR SOLE DISCRETION AND AT YOUR OWN RISK, AND WE SHALL HAVE NO LIABILITY TO YOU, YOUR END USER OR ANY OTHER THIRD PARTY IN CONNECTION WITH THE ABOVE.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY LOSS OF REVENUES, PROFITS, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE PLATFORMS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, OUR TOTAL LIABILITY FOR ALL DAMAGES SHALL IN NO EVENT EXCEED THE AMOUNT OF THE FEES ACTUALLY PAID BY YOU TO US, IN THE SIX (6) MONTHS PRIOR TO THE DATE OF FILING THE CLAIM, FOR THE SERVICES SPECIFIC PLATFORM, SUPPORT SERVICES OR PROFESSIONAL SERVICES, AS APPROPRIATE, WHICH ARE THE SUBJECT OF THE CLAIM.

UNLAWFUL USE; COMPENSATION

The uploaded materials must be consistent with applicable legislation. Uploading any content or information that could harm our interests or our public image will not be permitted. Consequently, the following will not be especially permitted:

(1) Upload content in contravention of (i) applicable data protection, criminal and copyright legislation and (ii) any provision that protects personal data and commercial protection rights;

(2) Upload insulting, defamatory, harassing, abusive, fraudulent, obscene, viral, slanderous, unconstitutional, racist, sexist or pornographic content.

In the event that you or your end user fail to comply with the obligations set forth herein or under any applicable law, we will have the right to prohibit you or such end user from any further use of the services.

You will not, nor will you permit any third party to: (a) circumvent, disable or otherwise interfere with security-related features of the Site, the Services or features that enforce limitations on the use of the Services; (b) disassemble, reverse engineer, modify, translate, alter or decompile all or part of the Services or otherwise discern the source code of the Services, except and only to the extent permitted by applicable law, without prejudice to this restriction; (c) copy, modify, improve or create derivative works from the Services or any part thereof; (d) use the service on a timeshare basis or to provide services to third parties; (e) distribute, rent, lease, sublicense, assign, transmit, sell or otherwise transfer the services; (f) violate or abuse the password protections governing access to the Site and Services; (g) interfere or attempt to interfere with the integrity or proper functioning of the Services; (h) use the Services to violate any applicable law, rule or regulation, or for any unlawful, harmful, irresponsible or inappropriate purpose; (i) remove, alter or obscure any proprietary notices or identification, including any copyright, trademark, patent or other notices, contained or displayed on or through the Site and Services; (j) use our name, logo or trademarks without our prior written consent; and/or (k) use the services other than as permitted herein.

You shall indemnify us against any claims brought by end users or other third parties for unlawful use of the site by you or anyone on your behalf.

LIMITATION OF USE

Your Account is assigned a monthly traffic volume of 10 TB of data and 5 TB of storage capacity. Additional bandwidth and storage capacity are available through direct engagement with us. If your bandwidth exceeds 10 TB (or any applicable bandwidth limitations to which you have subscribed through direct contract), enabley reserves the right to charge an additional fee.
If your storage space exceeds 5 TB (or any applicable storage capacity limitations to which you have subscribed through direct contract), enabley reserves the right to limit the size, or to delete some or all of your content or files , as necessary to reduce your storage space below the applicable capacity.
You may use the enabley platform and service up to the agreed user limit through direct engagement with us. Exceeding this limit is subject to the prior consent of enabley and will incur an additional charge.

You may use the system up to the limit of users stipulated in the Purchase Order (PO) or in the Agreement signed with Enabley. If you wish to increase the number of users beyond the stipulated limit, an additional fee determined by Enabley in accordance with its then-current pricing structure will apply.

TERMINATION AND SUSPENSION

Either of us may terminate the services with immediate effect if the other party materially breaches any of the terms hereof or the agreement between us and such breach remains unremedied (to the extent the breach can be cured) seven (7) days after receiving written notification in this regard.

In the event of liquidation, dissolution, bankruptcy or insolvency, voluntary or involuntary, of either party, or the adoption of any measure to be declared as such, the other party shall have the right to immediately terminate the services.

If we believe that you are using the Services in a way that violates any laws, rules or regulations or creates an undue burden or potential adverse impact on us, our partners or our suppliers, we may terminate the Services immediately or suspend your access to and use of the Services. services until such time as we believe the problem has been resolved.

Upon termination of the Services, you shall, and you shall cause any of your End Users to immediately cease all access to and use of the Services.

Once the services are terminated, you will no longer have access to any Materials or other content that we have stored. We reserve the right to permanently delete any Materials or other content that may be included in your account at any time after termination, and you agree to waive any legal or equitable right or remedy you may have against us with respect to such Materials or other content that had been removed.

Termination of the Services for any reason will not relieve you of your obligation to pay any outstanding payments due for the services.

VIRUSES, COMPUTER HACKING AND OTHER CRIMES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

If you are found to breach this provision, we may report such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of a breach, your right to use our site will cease immediately.

LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from their use.

LINKS TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site on any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page or attempt to bypass any payment or login screens.

We reserve the right to withdraw linking permission without prior notice.

If you wish to make any use of the contents of our site other than that indicated above, please contact info@enabley.io.

DATA PROTECTION

enabley processes information about you in accordance with its Privacy Policy, available at: enabley .io/privacy-policy/ and its Data Processing Policy, available at: enabley.io/data-processing-policy/ . By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

We are committed to providing a compliant, secure and consistent approach to data protection and to meeting the requirements of applicable data protection legislation.

VARIATIONS

We may revise these terms of use at any time by amending this page. You should check this page from time to time to take notice of any changes we made, as they are binding on you.

APPLICABLE LEGISLATION

These Terms and Conditions shall be governed by the laws of the State of Israel, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any disputes arising therefrom shall be the courts of Tel Aviv, Israel.

YOUR CONCERNS

If you have any questions about our services and our website, please contact info@enabley.io.

Last update: January 20, 2022