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 to use our services. By using our services, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please immediately stop using the services.

ACCESSING OUR SITE

This site 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 amend the services we provide on our site without 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 making all arrangements necessary for you to have access to our site including the use of equipment which is compatible with our site. You are also responsible for ensuring that all persons who access our site and our services through your internet connection are aware of these terms, and that they comply with them.

USER NAMES AND PASSWORDS

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures (whether as part of a free registration or a paid for subscription), you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated 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.

PURCHASED SERVICES OR LICENSES

Paid for services may be arranged with individuals or on a company wide basis via a direct engagement with us.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the authorised licensee of all intellectual property rights in our site and our platforms, software and other media. Those works are protected by copyright, trade mark and other intellectual property laws around the world. All such rights are hereby expressly reserved. Our services allow you, directly or via your end users, to create, upload, post, and publish certain content, including without limitation, lesson plans and other educational materials (“Materials”), and your end users to access, create and edit such Materials. Notwithstanding anything to the contrary herein, we reserve the right without further notice to you and/or any end user, to edit and/or remove any and all Materials to comply with law or in other reasonable circumstances.

You shall 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 and to the Materials, and to enable inclusion thereof in our site and platforms, software and other media.

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

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

UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE BE LIABLE IN ANY WAY FOR ANY MATERIALS AND/OR OTHER CONTENT INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS THEREIN, OR FOR ANY INFRINGEMENT OF THIRD PARTY RIGHTS, OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE MATERIALS AND/OR OTHER CONTENT.

Our services or our site may include third party open source that are subject to third party terms and conditions. If there is a conflict between any such third party terms and conditions and the terms herein, then such third party terms and conditions shall prevail but solely in connection with the related third party open source.

You must not:

• use any of our trade marks or the trade marks of any third parties which are included on our website or platform without express written permission from the owner; or
• display or use a link in a manner that causes this site or enabley’s platform or any portion of their content to display within a frame, be associated with any advertising or sponsorship not part of the site or platform, or otherwise incorporate any of their content into a third-party website; or
• alter, block or otherwise prevent display of any content of the site or platform; or
• link to the site or platform if the linker’s website may reasonably be considered to be obscene, defamatory, harassing, offensive or malicious, or if the linker’s website infringes any third party rights or otherwise does not comply with all applicable laws or regulations.

OUR SITE CHANGES REGULARLY

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

OUR LIABILITY

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 displayed on our site is provided without any guarantees, conditions or warranties 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 under or in connection with:

• use of, or inability to use, our services; or
• content supplied by third parties;
• use of or reliance on any content displayed on our site or in any publication in relation to our services, in particular the use of any content in the course of giving legal advice or drafting transaction documents.

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

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• 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 to your downloading of any content therein, or to any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

EXCEPT AS EXPRESSLY SET FORTH HEREIN: (i) THE SITE, PLATFORMS AND SERVICES WE OFFER ARE PROVIDED ON AN “AS IS” BASIS AND MAYBE UPGRADED OR CHANGED FROM TIME TO TIME; AND (ii) WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE OR RESPONSIBLE FOR: (a) ANY TECHNICAL PROBLEMS OF THE INTERNET (INCLUDING WITHOUT LIMITATION SLOW INTERNET CONNECTIONS OR OUTAGES); AND/OR (b) ANY ISSUE THAT IS ATTRIBUTABLE TO YOUR HARDWARE OR SOFTWARE OR INTERNET OR DATA SERVICES.

WE DO NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE, PLATFORMS OR SERVICES, INCLUDING THE MATERIALS. THE USE OF AND RELIANCE UPON THE SITE, PLATFORMS AND SERVICES ARE ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU OR YOUR END USER, OR ANY OTHER THIRD PARTY IN CONNECTION WITH ANY OF THE FOREGOING.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS OF INCOME, PROFITS, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE PLATFORMS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES HEREUNDER SHALL NOT UNDER ANY CIRCUMSTANCE EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US, WITHIN THE SIX (6) MONTHS PRECEDING THE DATE OF BRINGING OF THE CLAIM, FOR THE SPECIFIC PLATFORM SERVICES, SUPPORT SERVICES, OR PROFESSIONAL SERVICES, AS APPLICABLE, WHICH ARE THE SUBJECT OF THE CLAIM.

ILLICIT USE; INDEMNIFICATION

Materials uploaded must be consistent with the applicable law. Uploading any content or information capable of doing harm to our interests or our public image shall not be permitted. Accordingly, the following shall especially not be permitted:

(1) Uploading content in contravention to (i) applicable data protection, criminal, and copyright law and (ii) any provisions protecting personal data and commercial protection rights;

(2) Uploading insulting, defamatory, harassing, abusive, fraudulent, obscene, virus-containing, libelous, unconstitutional, racist, sexist, or pornographic content.

Should you or your end user, violate the obligations hereunder or under any applicable law, we shall have the right to bar you or such end user from any further use of the services.

You shall not, and shall not allow any third party to: (a) circumvent, disable or otherwise interfere with security-related features of the site, services or features that enforce limitations on use of the services; (b) disassemble, reverse engineer, modify, translate, alter or decompile all or any portion of the services or otherwise discern the source code of the services except and solely to the extent permitted under applicable law notwithstanding this restriction; (c) copy, modify, improve, or create derivative works of the services or any part thereof; (d) use the service on a time sharing 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 password protections governing access to the site and services; (g) interfere or attempt to interfere with the integrity or proper working of the services; (h) use the services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose; (i) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via 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 comply with, and ensure that your end users comply with, the above use restrictions.

You shall indemnify us from any and all claims asserted by end users or other third parties on account of illicit use of the site by you or anyone on your behalf.

LIMITATION ON USE

Your Account is allocated a monthly traffic volume of 10TB of data and 5TB of storage capacity. Additional bandwidth and storage capacity are available via a direct engagement with us. If you exceed the above limitations or any applicable limitation you may have subscribed to via direct engagement, enabley reserves the right to charge an additional fee.

In addition, for the purpose of optimizing performance, compatibility, and maintaining user experience within our services, enabley may transcode, adapt, modify, or otherwise manipulate the content as it sees fit. Such alterations may include, but are not limited to, adjustments to file size, format, quality, or any other technical specifications.

You may use enabley’s platform and service up to the limit of users agreed to via direct engagement with us. Exceeding such limit is subject to enabley’s prior consent, and shall incur additional fee.

TERMINATION AND SUSPENSION

Either of us may terminate with immediate effect the services, if the other party materially breaches any term herein or under the agreement between us and such breach remains uncured (to the extent that the breach can be cured) seven (7) days after having received written notice thereof.

In the event that either party becomes liquidated, dissolved, bankrupt or insolvent, whether voluntarily or involuntarily, or shall take any action to be so declared, the other party shall have the right to immediately terminate the services.

If we believe that you are using the services in a manner that violates laws, rules or regulations or creates an excessive 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 until such time as we believe the issue has been resolved.

Upon termination of services, you shall, and shall cause any of your end users to immediately cease all access to and use of the services.

Upon termination of services, you will cease to have access to any Materials or other content that we had stored. We reserve the right to permanently delete any Materials or other content that may be contained in your account at any time following termination, and you agree to waive any legal or equitable rights or remedies you may have against us with respect to such Materials or other content that had been deleted.

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

VIRUSES, HACKING AND OTHER OFFENCES

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 unauthorised 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 any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such 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 your use of them.

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 in 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 log on screens.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out 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 meeting the demands of the applicable data protection laws.

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.

GOVERNING LAW

These Terms and Conditions will 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 dispute resulting therefrom shall be the courts of Tel Aviv, Israel.

YOUR CONCERNS

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

Last Update: January 20, 2022