Kimonix Ecommerce Ltd. (“Kimonix”, “our”, “we” or “us”) offers to its customers (“Customers” or “you”) an online Software-as-a-Service synchronizes sales data, inventory analytics, and insights to create and manage smart collections platform (the “Solution”) and together with the related services, except if specifically, otherwise designated, shall be referred to herein as the “Services”. The terms “Users” or “you” refer to: (I) Customer; (II) Customer’s first user of the Solution; and (III) Customer’s authorized personnel who access and/or authorized to use or access the Services under Customer’s account (the “End User(s)”). Each of the Users may access and use the Services in accordance with the terms and conditions hereunder.
By entering to, connecting to, accessing or using the Services, you acknowledge that you have read and understood these Terms of Use (the “Terms of Use”), including our Privacy Policy located at https://www.kimonix.com/privacy-policy (the “Privacy Policy”, collectively with these Terms of Use, the "Terms") and you agree to be bound by the Terms and to comply with all laws and regulations that apply to your use of the Services and you agree that these Terms constitute a binding and enforceable legal contract between Kimonix and you.
ATTENTION - PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SOLUTION AND SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS OR USE THE SERVICES AND/OR SOLUTION IN ANY MANNER.
IF YOU ARE THE FIRST PERSON TO USE OR ACCESS THE SERVICES ON BEHALF OF YOUR ORGANIZATION, YOU AGREE THAT YOUR ORGANIZATION IS DEEMED A CUSTOMER AND YOU SHALL BE DEEMED A USER FOR THE PURPOSE OF THESE TERMS. USER HEREBY REPRESENT, AGREE AND ACKNOWLEDGES THAT (I) HE/SHE HAS BEEN DESIGNATED BY CUSTOMER AND HAS FULL LEGAL AUTHORITY TO USE AND REGISTER TO THE SERVICES INCLUDING ON BEHALF OF THE CUSTOMER AND TO BIND CUSTOMER TO THESE TERMS; AND (II) THESE TERMS ALSO CONSTITUTE A BINIDING CONTRACT BETWEEN CUSTOMER AND KIMONIX.
USER AND CUSTOMER, HEREBY REPRESENT AND WARRANT THAT THEIR USE OF AND ACCESS TO THE SERVICES ASSOCIATED WITH CUSTOMER, ARE PERFORMED UNDER CUSTOMER’S AUTHORIZATION AND SHALL INURE TO THE BENEFIT OR LIABILITY OF THE CUSTOMER.
Any separate written agreement entered into between Kimonix and Customer with respect to use and access to the Solution, shall take precedence over conflicting provisions in these Terms.
1.1. Kimonix Solution. The Kimonix Solution is an online Software-as-a-Service platform which synchronizes sales data, inventory analytics, and insights on your customer preferences to create and manage smart collections. In order to use the Kimonix Solution Customer will need to provide Kimonix with the relevant access credentials and thereby allow Kimonix to collect process and analyze such internal store data, documents and information. Customer (including via the Users) acknowledged and agreed that it (and not Kimonix) has sole control over which information, or access credentials are provided to Kimonix.
1.2. Scope and Applicability. These Terms of Use apply only to your access and usage of the Services.
1.3.Modification of the Services. Kimonix may continuously update its Services with new capabilities or offerings or replace and/or discontinue some of the capabilities. You acknowledge and agree that some of the features and capabilities may be experimental and/or offered in limited versions or limited locations. In addition, Kimonix may at any time, in its sole discretion add or remove supported features and/or capabilities from the Solution. Customer’s sole remedy in the event of such changes shall be, where such changes reflect a material decrease in functionality, to terminate any affected subscription to the Solution. In such event Customer is required to provide Kimonix with written notice of such termination not later than within fourteen (14) days of being notified of such adverse change and Kimonix shall provide Customer with a refund for the pre-paid un-used subscription fees.
2.1. Account Registration. In order to use the Services, the Customer and/or each User must register and open an account through the Solution or as otherwise directed by Kimonix (the “Kimonix Account”). To complete your and/or User’s Kimonix Account registration, we will require certain information which will include your name, email and password, organization name, store name, store URL address, as well as your consent for Kimonix to receive and process your Customer Data.
2.2. Account Security. You are responsible for maintaining the confidentiality of the login credentials (e-mail and password or any other access method implemented by Kimonix) of your Kimonix Account and for all activities that occur under such Kimonix Account. You agree not to disclose your login credentials to any third party, and you are responsible for any use or misuse performed through your Kimonix Account (including by any third party if you do choose to disclose these credentials). We reserve the right to temporarily suspend or permanently terminate your Kimonix Account if we determine that you or anyone on your behalf is using your Kimonix Account in a manner which violates these Terms.
2.3. User Updates. If you wish to modify your Kimonix Account information, or if you wish to terminate your Kimonix Account, you may do so by contacting Kimonix support available at support@kimonix.com Your Kimonix Account will be terminated within a reasonable time following your request in accordance with the Privacy Policy, and from that date you will no longer be able to access your Kimonix Account and the permissions, rights and licenses granted to you under these Terms shall terminate. NOTE THAT TERMINATING YOUR KIMONIX ACCOUNT MAY CAUSE THE LOSS AND/OR UNAVAILABILITY OF CONTENT, FEATURES, OR CAPACITY WITH REGARD TO YOUR KIMONIX ACCOUNT. KIMONIX SHALL NOT BE LIABLE IN ANY WAY FOR SUCH UNAVAILABILITY AND/OR LOSS.
3.1. Fees. the fees payable in consideration for your access to the Services (“Fees”) and the payment terms thereof, as well as the scope and term of the Services, shall be in accordance with the plan chosen by You upon your registration to the Service (“Plan”).
3.2. Payment of Fees. We may allow several means of payment such as bank transfer, payment through an online payment gateway, and other means we may make available from time to time. If we make online payment available through our Services such payment option is executed via third party payment clearance service providers or payment gateway providers (the “Payment Services”) that may be integrated and embedded in the Services. If you choose to proceed with an online payment, then you: (i) agree to review and be bound by the relevant Payment Services’ terms of use and privacy policy; (ii) acknowledge that you may need to hold, or register, an active account at such Payment Services in order to complete a purchase and (iii) acknowledge that confirmation or rejection of your payment is not performed by Kimonix. We are not responsible or liable for any activities or conduct of any Payment Services, and you agree to hold us harmless, and expressly release us, from any and all liability arising from or in connection with any payment activity performed on our Services.
3.3. Unless otherwise agreed between the Parties in writing, the chosen Plan is final and may not be cancelled or terminated for convenience by User or Customer. Kimonix may cancel or terminate a Plan at any time, for convenience, by providing written notice (including by email), provided that in such event Kimonix shall refund to User/Customer any pre-paid unused Fees).
3.4. Unless otherwise set forth in an applicable Plan, any Fees owed by You to Kimonix shall be paid to Kimonix in advance of the provision of the relevant Services.
4.1. Kimonix Intellectual Property. Any proprietary and intellectual property rights in and to the Solution including any content thereof, such as logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof (the “Content”) and related materials, Kimonix’s trademarks, trade names, copyrightable materials, designs, “look and feel,” all whether or not registered and/or capable of being registered, and any and all Feedback as defined herein (Collectively, the “Kimonix Properties”), are owned and/or licensed to Kimonix or its affiliates or licensors and are subject to copyright and other applicable intellectual property rights under Federal and state United States law, Israel law, foreign laws and international conventions.
4.2. Your Use Rights. Subject to your compliance with these Terms, and unless otherwise agreed in writing between you and Kimonix, Kimonix grants you a limited, worldwide, non-exclusive, non-assignable, not-tradeable, non-sub-licensable, fully and immediately revocable at our discretion, license, to access and use the Solution and where you have purchased a Plan to use and access the Solution in the scope of such Plan, all solely for Customer’s internal business purposes, in accordance with these Terms. Except as stated above, no other rights in the Solution or the Services are granted. As between Customer and Kimonix, Customer retains all rights title and interest in and to Customer Data and has all required consents, licenses and assurances for the transfer of the Customer Data to Kimonix for the purposes of providing the Services and/or as permitted or referenced under these Terms.
4.3. Use Restrictions. You may not and you shall not permit any person, and/or any third party to (i) copy, modify, distribute, publicly display, transfer or create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile, disassemble or reproduce the Solution, or any parts thereof, for any purpose, (ii) remove or delete any and all copyright notices, restrictions and signs indicating proprietary rights of Kimonix and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Services, (iii) create a browser or border environment around the Solution, link, including in-line linking, to elements on the Solution, such as images, posters and videos, and/or frame or mirror any part thereof or use the Services as a services bureau or otherwise to provide services which are in essence similar to the Services to third parties; (iv) transmit, distribute, display or otherwise make available through or in connection with the Services any content, including any Customer Data (as defined below), in a manner which infringes third party rights, including intellectual property rights and privacy rights, or which may contain any unlawful content; (v) transmit or otherwise make available in connection with use of the Services any malware or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vi) interfere with or disrupt the operation of the Services, or the servers or networks that host them or make the Services available; (vii) use the Services for and/or in connection with any illegal conduct and/or any form of spam, unsolicited mail or similar conduct; (viii) access and/or use any Services and/or the Content in order to build a competitive product or service; (ix) publish or disclose to any third party any technical features, quality, performance or benchmark test, or comparative analyses relating to the Services; (x) bypass any measures which are used to prevent, control or restrict access to the Services and/or certain functionalities therein; (xi) infringe or violate any of the terms and conditions of this Agreement. You hereby agree that upon Kimonix’s request you will immediately return and purge from your systems all materials and copies of the same, collected, created or used in breach of these Terms.
4.4. Feedback. In the event that Users provide Kimonix with any suggestions, comments or other feedback relating to Kimonix’s Services (collectively, “Feedback”), such Feedback is provided ‘As Is’ and is and will be deemed as the sole and exclusive property of Kimonix and you hereby irrevocably assign to Kimonix all of your rights, title and interest in and to all Feedback, if any, and waive any moral rights you may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you shall not provide any Feedback which is subject to any third-party rights or any limitations or which you are otherwise preclude from providing to Kimonix and shall promptly inform Kimonix as soon as you become aware of any third-party right or limitation which may apply to Feedback already provided by you.
4.5. Third Party Components. The Services 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 Services is 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 only in connection with the related Third-Party Components. Without derogating form Kimonix’s warranties under section 9, Kimonix disclaims all liability related to any third-party components utilized in the Services. You acknowledge that Kimonix is not the author, owner or licensor of any Third-Party Components, and that Kimonix 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 Services or any portion thereof (except for the Third-Party Components contained therein) be deemed to be “open source” or “publicly available” software.
5.1. Either party (a “Disclosing Party”) may disclose or make available to the other party (a “Receiving Party”) certain confidential information regarding its technology, operations and business (“Confidential Information”). Receiving Party agrees to use best reasonable industry measures to protect the confidentiality and not disclose the Confidential Information to any third party or use any Confidential Information except as required to provide or use of the Services or the Solution in the scope of the parties’ engagement hereunder. Confidential Information shall not include information that Receiving Party can show by written evidence (a) was already lawfully known to or independently developed by Receiving Party without access to or use of Confidential Information, (b) was received by Receiving Party from any third party without restrictions, (c) is publicly and generally available, free of confidentiality restrictions. Receiving Party shall not be prevented from disclosing Confidential Information pursuant to a binding court order or similar binding legal requirement for disclosure, provided that Receiving Party provides Disclosing Party with prompt notice of such requirement and cooperate in order to minimize such requirement. Receiving Party shall restrict disclosure of Confidential Information to those of its employees with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein. Receiving Party shall in any event remain liable for any actions or omissions performed by its employees and service providers, as if performed by Receiving Party. Upon termination or expiration of this agreement for any reason or upon User’s written request, Kimonix shall return or permanently destroy all Customer Data related to User in its possession.
6.1. Kimonix Privacy Policy. We respect the privacy of our Users and are committed to protecting the personal information you share with us or that we collect in connection with your use of the Services. Such personal information may be obtained directly from Users (as data subjects) or from the Customer, all in accordance with these Terms and our Privacy Policy. By accessing or using the Services you agree to the Privacy Policy.
6.2. Authorization to share Customer Data. You hereby represent and warrant that you have the full right, permissions, and consents to use and share any data and information you make available to Us through the Services, including without limitation any Personally Identifiable Information (together “Customer Data”) under these Terms.
6.3. Compliance with Data Protection Laws. Kimonix and Customer shall comply with all privacy and data protection laws, including without limitation, the European Union's General Data Protection Regulation (2016/679) (“GDPR”), and any other applicable laws and regulations relating to the processing of “Personally Identifiable Information” (“PII”) (as such terms are defined in the GDPR) and privacy protection as amended from time to time that apply to them in connection with the Customer Data (“Data Protection Laws”). The Parties acknowledge that to the extent that the Customer Data include PII (“Customer Data PII”), Kimonix shall be deemed a ‘Data Processor’ of Customer with respect to the processing by Kimonix of such Customer Data PII, and Customer shall be deemed a “Data Controller” (as such terms are defined by the GDPR). Customer hereby agrees that Kimonix may retain the Customer Data PII for as long as Customer’s account is active or as otherwise needed to provide Customer with the Services contemplated hereunder and as permitted by applicable law. Kimonix may retain Customer Data PII even after Customer deactivates its account or ceases to use the Services, but only as reasonably necessary to comply with any of Kimonix’s legal obligations, prevent fraud and abuse, enforce Kimonix’s agreements and/or protect its legitimate interests.
6.4. Security of Customer Data PII. Without limiting the foregoing, and in addition to its confidentiality obligations as otherwise set forth herein, Kimonix will, with respect to Customer Data PII, use commercially reasonable efforts to (i) ensure the security and confidentiality of such information or materials, (ii) protect against any anticipated threats or hazards to the security or integrity of such records, and (iii) detect unauthorized access to or use of such records or information
6.5. Use of Customer Data. You hereby grant Kimonix a non-exclusive, non-assignable, non-transferable license to use Customer Data you made available to us in the scope of your use or access to the Services (including for the collection storage, processing, analysis, display, transfer and creation of derivatives, thereof) for the purpose of providing the Services to you and to the Customer with which your account is associated, as contemplated hereunder. Kimonix will store and maintain Customer Data for such period of time necessary for it to provide the Services to you or to Customer (as the case may be).
6.6. Anonymous Cumulative Information. Without derogating from the foregoing, you hereby grant Kimonix a perpetual, irrevocable, non-exclusive, worldwide, royalty-free right and license to use Customer Data that has been anonymized and that cannot be used to identify or otherwise understood to be related to you or to Customer or third party, for the purpose of internal research or otherwise improving or enhancing the Services (or any part thereof).
6.7. Deletion of Customer Data. Upon termination of the Services, whether by Customer’s request or at Kimonix’s discretion and in accordance with these Terms, Kimonix will, within thirty (30) days, delete any and all information provided by the Customer in connection with the Services and any analysis results provided by Kimonix to Customer as part of the Services.
7.1. Services Availability. The Services availability and functionality depend on various factors, such as communication networks, software, hardware, and Kimonix’s service providers and contractors. Kimonix will make all reasonable efforts to have the Services available. Notwithstanding the foregoing, Kimonix does not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or will otherwise be error-free.
8.1. You must be at least eighteen (18) years of age to use the Services. By using the Services and agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; or (ii) that you are the legal guardian of the User under the age of eighteen (18) and both you and the User have read and agreed to these Terms and approved of the User’s continued use of the Services subject to these Terms; (iii) that you have not previously been suspended or removed from the Services; and (iii) that your use of the Services is in compliance with any and all applicable laws and regulations.
9.1. KIMONIX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE SERVICES (OR ANY PART THEREOF). THE SERVICES INCLUDING WITHOUT LIMITATION ANY CONTENT, MATERIALS, DATA AND INFORMATION MADE AVIALABLE THEREHTROUGH OR RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. KIMONIX AND ITS AFFILIATES AND/OR ITS SUBSIDIARIES, INCLUDING ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “KIMONIX AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, LEGALITY, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION AVAILABLE, OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE SERVICES.
9.2. KIMONIX DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES, SOLUTION AND/OR WEBSITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES AND/OR WEBSITE, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE WEBSITE, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.
10.1. YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS KIMONIX, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES RELATED IN ANY WAY TO: (I) YOUR BREACH OF ANY TERM OR CONDITION OF THESE TERMS, (II) YOUR USE OF, RELIANCE ON OR ACCESS TO THE SERVICES; (III) ANY RIGHTS OF A THIRD PARTY WITH REGARD TO YOUR CUSTOMER DATA, INCLUDING PRIVACY OR INTELLECTUAL PROPERTY RIGHTS. WE WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION AND WE WILL ALLOW YOU TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU HEREUNDER AS LONG AS YOU CONDUCT SUCH DEFENSE DILIGENTLY.
11.1. IN NO EVENT SHALL KIMONIX AND/OR ANY OF THE KIMONIX AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICES, USE OR INABILITY TO USE THE SERVICES, FAILURE OF THE SERVICES TO PERFORM AS EXPECTED, LOSS OF GOODWILL, LOSS OF DATA OR PROFITS, THE PERFORMANCE OR FAILURE OF KIMONIX TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OF KIMONIX BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY WEBSITES.
11.2. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, KIMONIX IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR ANY CONTENT, KIMONIX’S LIABILITY SHALL IN NO EVENT EXCEED THE FEES PAID BY CUSTOMER TO KIMONIX UNDER APPLICABLE ORDER FORM DURING THE TWELVE 12 MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN ANY CASE NO ACTION MAY BE BROUGHT BY YOU IN CONNECTION WITH THE SERVICES MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.
11.3. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 11 SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR KIMONIX’S PROVISION OF THE SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF KIMONIX AND/OR ANY KIMONIX AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES.
12.1. Kimonix may change these Terms from time to time, at its sole discretion and without any notice. We will notify you regarding substantial changes to these Terms on the homepage of the Services and/or we will send you notifications regarding such changes to the e-mail address available in your Kimonix Account information. Such substantial changes will take effect seven (7) days after such notice was provided on our Website or sent via email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Services after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
13.1. Relationship of the Parties. These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
13.2. Governing Law and Jurisdiction. Any claim relating to the use of the Services will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Services will be brought in, and you hereby consent to the exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv, Israel.
13.3. Assignment. You may not assign, sublicense, or otherwise transfer any or all of your rights or obligations under these Terms, without Kimonix's prior express written consent. We may assign our rights and/or obligations hereunder and/or transfer ownership rights in the Solution and Services (or any part thereof) to a third party without your consent or providing any prior notice.
13.4 Severability. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision.
13.5. No Waiver. 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.
13.6. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you wish to receive more information on these Terms, please contact us at support@kimonix.com
