claimzai

תנאי שימוש

TERMS OF USE
These Terms of Use (these "Terms") shall govern your ("you" or "your") access and use of the website located at https://www.claimzai.com/, an online decision-support platform providing claim handlers with court analytics and data-driven legal insights in bodily-injury cases (the "Website"), developed and provided by ClaimzAI LTD. ("we" or "ClaimzAI "). By using or accessing the Website You agree to be bound by these Terms.
All information provided by or on behalf of ClaimzAI is for informational purposes only and should not be construed as professional legal advice. You should not take or refrain from taking any action in reliance on any information contained in these Terms or provided by or on behalf of ClaimzAI. Before you make any financial, legal or other decisions involving any services provided by the Website You should seek independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate
You agree that we may change any part of the Website, including its content, at any time or discontinue the Website or any part thereof, for any reason, without notice to you and without liability. You declare that by acceptance of these Terms and/or by using the Website, you are of legal age to form a binding contract with ClaimzAI. If you are agreeing to be bound by these Terms on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms. If you do not have the requisite authority, you may not accept these Terms or use the Website on behalf of your employer or other entity. You may not use the Website and may not accept these Terms if you are a person barred from using the Website under the laws of the country in which you are a resident or from which you use the Website.
We may, in our sole discretion, refuse to offer our services to any person or entity. We further may, without notice and in our sole discretion, terminate your right to use the Website, or any portion thereof, and block or prevent your future access to and use of the Website or any portion thereof.
If you violate these Terms, ClaimzAI reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend your use of the Website. You agree that ClaimzAI does not need to provide you notice before terminating or suspending your use of the Website, but it may provide such notice in its sole discretion.
Grant of License
Subject to your agreement and compliance with these Terms, ClaimzAI grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to use the Website. Use of the Website shall be solely for your own, private purposes and for no other purpose whatsoever. You hereby acknowledge that your license to use the Website is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Website shall immediately terminate, and you shall immediately refrain from using the Website. If the Website or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Website, and must refrain from using the Website.
Our Website is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, reproduce, or use crawlers, robots, data mining or extraction tools of any type in connection with any content or information, software, products or services available through our Website for any commercial or competitive activity or purpose.
Access to the Website
It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Website. ClaimzAI does not provide you with the equipment to access and/or use our Website. ClaimzAI cannot guarantee that the Website will always function without disruptions, delay or errors. Several factors may impact the quality of your communications and use of the Website and may fail your communications, including, without limitation, your local network, firewall, your internet service provider, the public internet, and your power supply. ClaimzAI takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control. You are responsible for all fees charged by third parties related to your access and use of the Website (e.g., charges by internet service providers or air time charges).

Account Information
Your use of the Website may require the creation of an account ("Account"). During the process of creating an Account, you may be required to insert your E-mail address and choose a password to enable your future login to the Website ("Login Information"). The following rules govern the security of your Account and Login information. For the purposes of these Terms, references to Account and Login information shall include any account and account information, including user names, passwords or security questions created for the purpose of using the Website.

(i). You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account.
(ii). In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify ClaimzAI and modify your Login Information;
(iii). You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;
(iv). You are responsible for anything that happens through your Account, whether or not such actions were taken by you, including, for the avoidance of doubt, actions taken by third parties. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal;
(v). You undertake to monitor your Account and restrict use by any individual barred from accepting these Terms and/or accessing or using the Website, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Website by any of the above mentioned; and
(vi). ClaimzAI reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.

Account Termination
ClaimzAI may refuse access to the Website or may terminate your Account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account, or illegal or improper use of the Website, or ClaimzAI's intellectual property as determined by ClaimzAI in its sole discretion. You may lose your user name as a result of Account termination, without responsibility on the part of ClaimzAI for any damage that may result from the foregoing. If you have more than one Account, ClaimzAI may terminate all of your Accounts.

User Content
You agree that any content published by you through the Website is done so through the use of technology and tools provided by ClaimzAI. You agree that you are publishing such content willingly and you represent that you own such content or have received the necessary authorizations from third parties, that you have all rights to publish said content and that publishing of the content by you complies with all applicable laws. You grant ClaimzAI the right to act as an agent on your behalf as the Website's operator.
ClaimzAI does not claim ownership of any videos, data, text, graphics, photographs, or any other content, and their selection and arrangement, provided or uploaded to the Website by any user (the "User Content"). However, by sending and/or creating User Content and/or using the Website you automatically grant ClaimzAI a non-exclusive, royalty-free, perpetual license of all worldwide rights to share, use, edit, modify, include, incorporate, adapt, record and reproduce such User Content, including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes set forth in the Website and/or these Terms, including for the avoidance of doubt commercial, non-commercial and/or promotional use by ClaimzAI associating such User Content with your user information, user name and/or profile picture. ClaimzAI may retain any raw material that you submit, and make internal use of such material including for testing purposes. You hereby agree that any of ClaimzAI’s users may view and use the User Content. You may request that ClaimzAI delete and make no further use of such material by contacting us at: info@claimzai.com.
ClaimzAI may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Website. It is hereby clarified with respect to User Content that: (a) ClaimzAI has no obligation to review User Content. Opinions expressed in the User Content are not necessarily the opinion of ClaimzAI. (b) ClaimzAI is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
By using the Website, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that ClaimzAI will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content. ClaimzAI reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Website with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, ClaimzAI shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to affect such removal other than under applicable law.

Intellectual Property Ownership
Without derogating from any other terms herein, ClaimzAI and/or its affiliates retain all rights in the Website and its materials (including, but not limited to, applications, software, designs, graphics, texts, data, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, "Website Materials"). The entire contents of the Website are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Website pursuant to these Terms or otherwise exploit any of the Website Materials without ClaimzAI's explicit, prior written consent. The foregoing shall not apply to your own User Content that you post through the Website in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from ClaimzAI. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in severe civil and criminal penalties.
ClaimzAI and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Website Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Website or by accessing any of the Website Materials, or rights to any derivative works thereof.

Third Party Material
You may be able to access, review, display or use third party Website, resources, content, information or links to other websites or resources (the "Third-Party Materials") via the Website. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third-Party Materials, and ClaimzAI disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third-Party Materials through the Website. You acknowledge and agree that ClaimzAI: (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or Website on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the Website. Your ability to access or link to Third Party Materials or a third party Website does not imply any endorsement by ClaimzAI of Third Party Materials or any such third party Website.
These Terms do not authorize you to, and you may not use any Third-Party Materials except as expressly permitted by the owners of such Third-Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third-Party Materials.
Without derogating from any of ClaimzAI's rights and remedies under these Terms and/or under law, ClaimzAI will be entitled, at its sole discretion, to immediately discontinue the Website or any part thereof, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third-Party Materials.
You may not use any Third-Party Materials for which you have not obtained appropriate approval to use. ClaimzAI cannot grant permission to use third party content.

Links, Search Engines
The Website may contain links to other websites, applications or resources (the "Linked Sites"). The Linked Sites are not under the control of ClaimzAI and ClaimzAI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ClaimzAI is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by ClaimzAI of the site or any association with its operators. You acknowledge and agree that ClaimzAI will 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 such content, goods or Website available on or through any such site or resource.

Feedback
If you send or transmit any communications, comments, questions, suggestions, or related materials regarding the Website, whether by email or otherwise (collectively, "Feedback"), such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and ClaimzAI is free to use, without any attribution or compensation to you, any and all Feedback for any purpose whatsoever. You understand and agree that ClaimzAI is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Privacy
Matters related to privacy are also governed by ClaimzAI’s Privacy Policy, available here https://www.claimzai.com/ (the “Privacy Policy”), which constitutes an integral part of these Terms by way of reference, and by using or accessing the Website you agree to be bound by its terms and conditions. Unless the context otherwise requires, all reference herein to these Terms, shall also include the Privacy Policy. We advise you to carefully read the Privacy Policy.

Disclaimers; Limitation of Liability; Indemnification
You acknowledge and agree that your use of or access to the Website and/or any materials and/or services, if any, offered by ClaimzAI shall be at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any and all acts or omissions made by you in reliance on the Website or any part thereof. To the fullest extent permitted by law, ClaimzAI, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Website and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.

You agree that your use of the Website shall be at your sole risk. ClaimzAI makes no warranties or representations about the accuracy or completeness of the content of the Website, of the content of any sites linked to the Website, of any Third-Party Materials and assumes no liability or responsibility for any:
(i). Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;
(ii). Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Website;
(iii). Any unauthorized access to or use of Third-Party Materials, secure servers and/or any and all personal information and/or financial information stored therein;
(iv). Any interruption or cessation of transmission to or from the Website;
(v). Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party; or
(vi). Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Website.
WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL CLAIMZAI, ITS DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, CONSULTANTS AND/OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLAIMZAI HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CLAIMZAI SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. CLAIMZAI’S LIABILITY FOR ANY DAMAGES OR CLAIMS OF ANY KIND, SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYBLE BY YOU TO CLAIMZAI DURING THE 12 MOTHS PERIOS PRECEDING THE EVENT THAT RESULTED SUC LIABILTY.

The security of information and payments transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet links, shall be borne solely and exclusively by you, and in no event, shall any such losses be borne, in whole or part, by ClaimzAI.
You agree to indemnify and hold ClaimzAI, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following:
(i). Your use of and access to the Website;
(ii). Your violation of any term of these Terms;
(iii). Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(iv). Any claim that any user submission made by you has caused damage to a third party; or
(v). Any User Content you post or share on or through the Website.
All information provided by or on behalf of ClaimzAI is for informational purposes only and should not be construed as professional legal advice. You should not take or refrain from taking any action in reliance on any information contained in these Terms or provided by or on behalf of ClaimzAI. Before you make any financial, legal or other decisions involving any services provided by the Website You should seek independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate.
Notices
Notices to you may be made via the Website and/or e-mail. ClaimzAI may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Website. You agree that all agreements, notices, disclosures and any other communications that ClaimzAI provide as aforementioned satisfy any legal requirement that such communications be in writing.
General
By using or visiting the Website, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and ClaimzAI. Any claim or dispute between you and ClaimzAI that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenience with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel. ClaimzAI reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms regularly for any changes. Your use of the Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND ClaimzAI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
For any questions about these Terms of Use or any other issue regarding ClaimzAI or the Website please contact us at: info@claimzai.com.
Last update: March, 2023.
All rights reserved, ClaimzAI LTD.

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