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Last Revised: June 18, 2017

Kapai Advanced Technologies Ltd., its affiliates and its existing subsidiaries (if any) (collectively “Kapai”, “ Company” “we” or “us”) welcomes you (“User” or “you”) to our website at Kapai.io (the “Site”). Our Site offers Users an online recruitment networking venue which enables Employers (as defined below) who are recruiting personnel and looking to occupy positions at their place of work to connect with other Users who may be able to recommend prospects for such positions.

1. Acceptance of the Terms

By entering, connecting to, accessing or using the Site, you acknowledge that you have read and understood the following TOU, including the terms of our Privacy Policy (available at: https://kapai.io/legal/privacy.html) (collectively, the “ Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between Kapai and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS OR USE THE SITE IN ANY MANNER .

2. The Services

The Services are comprises of an online platform allowing Users to post job or engagement opportunities the “Position(s)”) at their place of work/employment (the “Employer(s)”) by opening a designated chat room (the “Room”) detailing, among other things, the position and the professional requirements and qualifications for that Position, and inviting other Users to join the Room and conduct discussions or make referrals or suggestions of prospects based on their personal and/or professional acquaintances with such prospects (the “ Service(s)”). By accepting a certain invitation and joining any certain Room, you agree to receive certain notifications in connection with engagement opportunities as posted in such Room by other Users via Facebook messenger.

TO USE THE SERVICE(S) AND OPEN A USER ACCOUNT YOU MUST BE OVER THE AGE OF EIGHTEEN (18). You must also hold a valid and genuine Facebook account.

3. Registration and User Account

In order to use the Services, you must register and open a User account on the Site (the “Account”) by logging in via your personal Facebook account. . You are solely and fully responsible for maintaining the confidentiality of the login credentials (Facebook username and password) of your Account and for all activities that occur under your Account, without limitation.

You agree not to disclose your login credentials to any third party. Your Account is at risk if you let someone else use it inappropriately and we reserve the right to terminate your Account, at our sole discretion, if we determine that you or anyone using your Account violates these Terms.

You must notify us immediately of any unauthorized use of your Account or login credentials or any other breach of security. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the Terms or from any unauthorized use of your Account or any other breach of security. You may be liable for the losses of Kapai and/or others due to any such use.

If you wish to modify your Account information, or if you wish to terminate your Account, you may do so by contacting Kapai support available at support@kapai.io . Your Account will be terminated within a reasonable time following your request in accordance with our Privacy Policy, and from that date you will no longer be able to access your Account, and without derogating from any right or claim available to Kapai, any and all permissions, rights and licenses granted to you under these Terms shall be instantly terminated and revoked.

4. Using the Services

YOU ARE SOLELY RESPONSIBLE TO RECEIVE AND HEREBY REPRESENT AND UNDERTAKE TO HAVE RECEIVED THE CONSENT AND APPROVAL FOR ANY POSTING OF CONTENT YOU MAKE THROUGH THE SERVICES INCLUDING WITHOUT LIMITATION OF ANY INDIVIDUAL YOU TAG AND/OR WHO’S NAME, DETAILS OR ANY OTHER INPUT CONCERNING THEIR PERSONAL AFFAIRS YOU POST .

YOU AGREE AND ACKNOWLEDGE NOT TO ACT AND NOT ALLOW ANY THIRD PARTY TO ACT IN ANY MANNER WHICH WILL UNDERMINE THE PURPOSE FOR WHICH THE ROOM WAS ORIGINALLY OPENED.

IT IS CLARIFIED THAT WE ARE NOT A PARTY TO ANY CONTRACTUAL ENGAGEMENT BETWEEN ANY USERS OF OUR SERVICES. WE MERELY FACILITATE CONNECTIONS BETWEEN THE PARTIES.

WE DO NOT UNDERTAKE TO KEEP THE INFORMATION UPLOADED TO SITE UPDATED. WE ARE NOT LIABLE TO YOU OR ANYONE ON YOUR BEHALF IF ANY ERROR OCCURS IN THE INFORMATION UPLOADED OR IF THE INFORMATION IS INCORRECT.


5. Use Restrictions

There are certain conducts which are strictly prohibited on the Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may, at Kapai’s sole discretion, result herein in the termination of your access to the Site and may also expose you to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf:

(i) copy, scrape, modify, create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the content on the Site and any other information, documents, material and data available on the Site (collectively, the “Content ”) in any way, or publicly display, perform, or distribute the Content, without Kapai’s prior written consent;

(ii) post to a Room any content intended to promote, publish, or recruit for any job or opportunity other than the job or opportunity for which the Room was originally opened for by the Employer;

(iii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Kapai’s prior written consent;

(iv) create a browser or border environment around the Site and/or Content, link, including in-line linking, to elements on the Site, such as images, posters and videos, and/or frame or mirror any part of the Site, unless as expressly permitted hereunder;

(v) transmit, distribute, display or otherwise make available through or in connection with the Site any content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content;

(vi) transmit or otherwise make available in connection with the Site, and/or use the Site to distribute and/or otherwise transmit any virus, worm, Trojan Horse, time bomb, web bug, spyware, 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;

(vii) interfere with or disrupt the operation of the Site, or the servers or networks that host the Site or make the Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

(viii) sell, license, or exploit for any commercial purposes (other than for the purposes of recruitment and/or job-hunting which are contemplated by the Services) any use of or access to the Content and/or Site;

(ix) use the Site for and/or in connection with any form of spam, unsolicited mail or similar conduct;

(x) bypass any measures which may be used to prevent or restrict access to the Site and/or certain functionalities therein;

(xi) use the Content and/or the Site for any illegal, immoral or unauthorized purpose;

(xii) provide content that is or may reasonably be believed to be illegal, fraudulent, or unauthorized or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves or you reasonably believe or should reasonably believe to involve any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;

(xiii) post false, inaccurate, misleading, deceptive, defamatory or offensive content;

(xiv) provide content that does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations;

(xv) collect information about Users, without their prior written consent; and

(xvi) infringe or violate any of these Terms.

6. User Generated Content

The Services permit Users to post and edit content such as job opportunities, messages, comments and replies to other Users, information regarding past and present workplace, current and former colleagues, and other types of works (collectively, “User Content”) and to publish User Content on the Services. Please ensure that when you use the Services, you respect the rights of others including any intellectual property, other proprietary rights, confidentiality obligations, and privacy rights of third parties who may have an interest or right in connection with the User Content you upload and/or provide to Kapai or the Services. Kapai 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 Content.

You hereby further acknowledge and agree that the User Content is non-confidential. You understand and agree that you are solely responsible for your User Content and the consequences of posting or publishing such User Content, on the Services, in any way. You hereby warrant that your User Content is true, current, accurate and complete.

You represent and warrant that you are the rightful owner of the Facebook account you use to register to the Services and the User Content you upload to the Services or that you have (and will continue to have) all the necessary licenses, rights, consents, authorizations and permissions from the rightful owners of such User Content and/or the subjects of such User Content, and that such User Content does not infringe any third party's intellectual property rights, or other rights, including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights. You further undertake that the Content shall not be defamatory or libelous, or otherwise cause harm or potentially harm to the goodwill of any third party.

IT IS THE USER’S SOLE RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER CONTENT, AND TO ADHERE TO ANY APPLICABLE STATE AND FEDERAL LAWS REGARDING SUCH INFORMATION AND PRIVACY RESTRICTIONS.

Without derogating from the above, you expressly agree that the User Content that you post or upload will not include any (i) content which is unlawful, defamatory, libelous, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening or vulgar; (ii) content that unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class; (iii) content that encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit; (iv) content that might reasonably pose a risk to a person’s safety, security or health; and (v) any spam, unsolicited promotions, advertising, contests or raffles. The above examples of unlawful and prohibited User Content do not constitute an exhaustive list.

Kapai is under no obligation to edit or control User Content that you or other Users post or publish, and will not be in any way responsible or liable for User Content. Although Kapai has no obligation to screen, edit or monitor any of the User Content, Kapai explicitly reserves the right, at its sole discretion, to remove, edit, or block without giving any prior notice, any User Content available on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post on the Services at your sole expense.

If notified by a User or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Kapai does not permit copyright-infringing activities, harmful, otherwise tortious or illegal activities on the Services. When you upload, post, publish or make available any User Content on the Services, you grant to (i) Kapai an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub- licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Content, along with the User contacts that you submit in connection with such User Content, in connection with the Services, whether through the Internet or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) each User of the Services has a non-exclusive and royalty-free license to access your User Content through the Services and to use such User Content for personal and non-commercial purposes. KAPAI SHALL NOT BEAR ANY LIABILITY FOR ANY USE BY ANY THIRD PARTY OF THE USER CONTENT. In addition, you hereby explicitly waive any moral right you may have in and to the user content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the user content.

You acknowledge and understand that Kapai may, at its sole discretion, delete or remove any of your User Content made available on the Services. You are solely responsible for the storage of your User Content.

7. Privacy Policy

We respect the privacy of our Users and are committed to protecting the information you share with us in connection with the Site. Our policy and practices and the type of information collected are described in our Privacy Policy (available at: https://kapai.io/legal/privacy.html). If you intend to connect to, access or use the Site you must first read and agree to the Privacy Policy.

8. License

The Company is granting you with a limited, personal, not exclusive, non-assignable, not-tradeable, non-sub-licensable, fully and immediately revocable at Company’s discretion, license, to use the Site and any Content made available for download, and downloaded by you from the Site (the “ Materials”), all subject to the terms and conditions in this agreement. These Terms do not entitle you with any right in the Site or in the Content or Materials, rather than a limited right to use it in accordance herewith.

The Materials are made available to you subject to the terms of Sections 5 and 6 above, for your own personal limited use and without derogating from the restrictions set forth under these Terms of Use and in addition thereto you may not: (a) distribute the Materials or any part thereof, directly or indirectly; (b) make or allow any third party to make, any commercial use of the Materials; and (c) modify, add, subtract, aggregate or otherwise make any derivative work of the Materials or allow a third party to do so.

You hereby agree that upon Company’s request you will immediately return all Materials, purge your systems from any Materials and ensure that no copies, extracts or other reproductions are retained by you.

9. Feedback

In the event that you provide Kapai with any suggestions, comments or other feedback relating to Site and/or Kapai products and/or Services (collectively, “Feedback”), such Feedback is deemed at the incipiency the sole and exclusive property of Kapai and you hereby irrevocably assign to Kapai all of its rights, title and interest in and to all Feedback, if any, and waives any moral rights to it (or anyone on its behalf) 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, and, without derogating from the foregoing, shall promptly inform Kapai as soon as it becomes aware of any third party right or limitation which may apply to Feedback already provided

10. Intellectual Property

“Intellectual Property” means proprietary and intellectual property rights, including the Site, its logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, Kapai’s proprietary software, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered, and any and all Feedback.

The Intellectual Property is owned and/or licensed to Kapai, and is subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Kapai’s proprietary rights, including Kapai’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.

Kapai hereby grants you, and you hereby accept, a personal, non-exclusive, non-commercial, non-transferable, non-sublicensable, fully revocable, limited license to use the Site and Content, solely for the limited purpose of using the Site for your personal, non-commercial needs in accordance with the Terms.

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

You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Kapai and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Site, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Kapai marks and logos, whether registered or not.

11. Minors

To use the Site, you must be over the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Site.

12. Third Party Components

The Site 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 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. These Terms do not apply to any Third Party Components accompanying or contained in the Site and Kapai disclaims all liability related thereto. You acknowledge that Kapai is not the author, owner or licensor of any Third Party Components, and that Kapai 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 or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.

13. Availability

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

14. Changes to the Site

Kapai reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Site (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content available through the Site may be changed, modified, edited or extended in terms of content and form or removed at any time without any notice to you. You agree that Kapai shall not be liable to you or to any third party for any modification, suspension, error, malfunction or discontinuance of the Site (or any part thereof).

15. Disclaimer and Warranties

KAPAI 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 SITE (OR ANY PART THEREOF).

KAPAI SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IT WAS CAUSED CONSEQUENTLY OR IN CONNECTION WITH THE USE OF THE SERVICES, OR ANY OTHER INFORMATION EMERGING FROM USING THE SERVICE, WHETHER OR NOT THE COMPANY HAD INFORMED THE USER OF SUCH POSSIBLE DAMAGE.

THE SITE (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION 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. KAPAI DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT AVAILABLE ON OUR SERVICES INCLUDING ANY USER CONTENT. KAPAI DISCLAIMS RESPONSIBILITY FOR ANY AND ALL INFORMATION UPLOADED OR COMMUNICATED THROUGH THE SERVICES BY USERS.

KAPAI 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, “KAPAI AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE SITE.

KAPAI DOES NOT WARRANT THAT THE OPERATION OF THE SITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. KAPAI MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE SITE, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK .

16. Limitation of Liability

IN NO EVENT SHALL KAPAI AND/OR ANY OF THE KAPAI AFFILIATES AND/OR SUBSIDIARIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SITE, USE OR INABILITY TO USE THE SITE, FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, DATA OR PROFITS, THE PERFORMANCE OR FAILURE OF KAPAI TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OF KAPAI BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY SITES.

NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH STATES.

SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS 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 KAPAI’S SITE TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF KAPAI AND/OR ANY KAPAI AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL KAPAI’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID BY YOU TO KAPAI FOR USE OF THE SITE. IF YOU HAVE NOT MADE ANY PAYMENTS TO KAPAI FOR THE USE OF THE SITE, THEN KAPAI SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

17. Indemnification

You agree to defend, indemnify and hold harmless Kapai and any Kapai Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney's fees) arising directly or indirectly from: (i) your use of the Site (or any part thereof); (ii) breach of any term of these Terms by you or anyone on your behalf; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of (or inability to use) the Site; (iv) your violation of the Privacy Policy, any third party intellectual property rights, privacy rights or other rights through your use of the Site or provision of information; and (v) your violation of any applicable law or regulation.

18. Amendments to the Terms

Kapai may change the Terms from time to time, at its sole discretion and without any notice, including the Privacy Policy (available at: https://kapai.io/legal/privacy.html). Substantial changes of these Terms will first be published on the Site and/or by providing Users notice by such other means, at Kapai’s discretion. Such substantial changes will take effect seven (7) days after such notice was provided on any of the abovementioned methods. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.

19. General

19.1. 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.

19.2. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Kapai and you.

19.3. These Terms, and the rights and remedies provided hereunder, and any and all claims, disputes and controversies arising hereunder or related hereto and/or to the Site, their interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms, or any related transaction shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles, and shall be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts in Tel Aviv, Israel.

19.4. Kapai may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Site to a third party at any time without your consent or prior notice to you. Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof without Kapai’s prior explicit and written consent will be null and void.

19.5. 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 provisions.

19.6. 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.

19.7. These Terms constitute the entire terms and conditions between you and Kapai relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Kapai and you, including, without limitation, those made by or between any of our respective representatives, with respect to the Site. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Kapai in entering into these Terms.

19.8. The provisions of Section 5 (Use Restrictions), Section 6 (User Generated Content), Section 7 (Privacy Policy, including the Privacy Policy referred to therein), Section 10 (Intellectual Property), Section 11 (Minors), Section 12 (Third Party Components), Section 13 (Availability), Section 15 (Disclaimer and Warranties), Section 16 (Limitation of Liability), Section 17 (Indemnification) and Section ‎19 (General), will survive the termination or expiration of these Terms including any provision meant to survive such termination or expiration or any rights accrued prior thereto.

20. Contact

If you have any questions (or comments) concerning the Terms or the Site, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: support@kapai.io.

By contacting us, you represent that you are free and authorized to do so and that you will not knowingly provide Kapai with information that infringes upon third parties’ rights, including any intellectual property rights nor will you provide us with any non-authorized information. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to Kapai, and Kapai may use or refrain from using any such information at its sole discretion.


Last Revised: June 18, 2017

Kapai Advanced Technologies Ltd. (collectively “Kapai”, “ Company” “we” or “us”) respect the privacy of its users (“User(s)” or “ you”), and are committed to protect the personal information that you share with us in connection with the use of the Services. This Privacy Policy (the “Privacy Policy”) is intended to describe our practices regarding the information we may collect from you when you use the Services, the manners in which we may use such information, and the options and rights available to you.

Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Terms of Use available at https://kapai.io/legal/terms-of-use.html (the “TOU”), which this Privacy Policy is incorporated thereto by reference.

1. Your Consent

BY ENTERING, CONNECTING TO, ACCESSING AND/OR USING THE SITE, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY (THE “ PRIVACY POLICY”), INCLUDING TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION (AS DEFINED BELOW) IN THE EVENT YOU DECIDE TO PROVIDE US WITH SUCH IN OUR SITE’S CONTACT FORMS. IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT USE THE SITE.

2. Which information we may collect on our Users?

We may collect two types of data and information from our Users:

a. The first type of information is non-identifiable and anonymous information (“Non-personal Information”). We are not aware of the identity of the User from which we have collected the Non-Personal Information. Non-Personal Information is any unconcealed information which is available to us while Users are using the Site. Non-personal Information which is being gathered consists of technical information and behavioral information.

b. The second type of information is individually identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature. Personal Information which is being gathered consists of any personal details provided consciously and voluntarily by the User. The Personal Information is collected from the details the Users provide when Users wish to contact us or register to the Site which requires among others: name, e-mail address, company, job title, country and phone number.

For avoidance of doubt, any Non-Personal Information connected or linked to any Personal Information shall be deemed as Personal Information as long as such connection or linkage exists.

By registering for the Services by logging in via Facebook, Kapai may also have access to your public profile and information you designated as public in your Facebook account, which may include your name, gender, age group, city of residency, Facebook friends contact list,, occupation, academic education, professional credentials and/or qualifications, and information in connection with various past occupations.

We do not collect any Personal Information from you or related to you without your approval, which is obtained, inter alia, through your active acceptance of the Terms of Use and the Privacy Policy.

TO THE EXTENT THAT YOU PROVIDE TO US ANY PERSONAL INFORMATION IN CONNECTION WITH ANY THIRD PARTY YOU ARE SOLELY RESPONSIBLE TO RECEIVE AND HEREBY REPRESENT AND UNDERTAKE TO HAVE RECEIVED THE CONSENT AND APPROVAL OF SHC PERSON AND PROVIDED THEM WITH SUFFICIENT DISCLOSURES, TO ALLOW THE USE OF SUCH PERONAL INFORMARION, INCLDUING IN CONNECTION WITH ANY INDIVIDUAL YOU TAG AND/OR POST THEIR NAME IN CONNECTION WITH THE SERVICES, AND/OR POST ANY DETAILS REFERRING TO THEM OR THEIR PERSONAL AFFAIRS PRIOR TO POSTING OR TAGGING THEM IN CONNECTION WITH THE SERVICES.


3. How Do We Collect Information on Our Users?

There are two main methods we use:

(i) Use of the Services . We collect Non-Personal and Personal Information when you access or use the Services. In other words, we are aware of your usage of the Services and may gather, collect and record the information relating to such usage. We also collect Non-Personal and Personal Information derived from information we receive from third party services and providers we work with.

(ii) Voluntarily Provided . We may collect Personal Information which you voluntarily provide when you use the Services. We may also collect Non-Personal Information through the processing, analysis and anonymization of Personal Information provided by you.

4. What are the Purposes of the Collection of Information?

Your information is collected for purposes: (i) to provide you with and to operate the Services, including for statistical and research purposes and creation of aggregated anonymous data; (ii) to personalize the Services and content provided to you, to customize your experience with the Services and to enable you to retrieve your information; (iii) to develop, improve and customize the Services, the experience of other Users and the offering available through the Services; (iv) to be able to contact Users for the purpose of providing them with technical assistance, support, handle requests and complaints and collect feedback; (v) to send you updates, notices, announcements, and additional information related to the Services (vi) to be able to reply to User online queries or governmental agencies’ requests; (vii) for customization and improvement of the Services’ accuracy and interface; (viii) to use such information for Kapai’s commercial purposes; (ix) to display or send to you marketing and advertising material when you are using the Services, including in accordance with the section titled “Additional Uses” herein; and (x) to comply with any applicable rule or regulation.

5. Sharing Information with Third Parties

Kapai will not share any Personal Information it collects with any third party unless authorized by You including as part of the use of the Services, or under this Privacy Policy. Kapai may also disclose Personal Information in the following cases: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce this Privacy Policy and/or the Terms of Use, including investigation of potential violations thereof; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to respond to User's support requests; (e) respond to claims that any content available on the Site violates the rights of third-parties; (f) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; (g) to protect the rights, property, or personal safety of Kapai, its Users, or the general public; (h) when Kapai is undergoing any change in control, including by means of merger, acquisition or purchase or sale of all or substantially all of its assets; or (i) to collect, hold and/or manage your Personal Information through Kapai authorized third party service providers (for example Analytics software and servers monitoring tools)as reasonable for business purposes, which may be located in a country that does not have the same data protection laws as your jurisdiction; (j) cooperate with third parties for the purpose of enhancing or personalizing the User's experience.

For avoidance of doubt, Kapai may transfer and disclose to third parties, or otherwise use, Non-personal Information at its own discretion.

6. Modification or Deletion of Personal Information

If for any reason you wish to modify, update, revise and/or delete your Personal Information stored with us and identifying to you, or delete your Account from the Services, you may do so by contacting Kapai through Services’ appropriate channel (certain changes may be performed through the Site while all changes and deletions of Accounts may be done by contacting Kapai support at support@kapai.io). We will make reasonable efforts to delete any such Personal Information pursuant to any applicable privacy laws or otherwise de-identify any such Personal Information and thereby transform it to become Non-Personal Information. Note that we may retain your Personal Information in accordance with this Privacy Policy for a minimum period required to provide the Services subject to and as required by applicable laws or as required by us for archival purposes.

7. Minors

To use the Site, you must be over the age of eighteen (18). Kapai does not knowingly collect Personal Information from children under the age of eighteen (18) and does not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Site.

8. Security

We take a great care in implementing and maintaining the security of Kapai’s Site and its User's Personal Information. Kapai employs industry standard procedures and policies to ensure the safety of its Users’ Personal Information, and prevent unauthorized use of any such information. The Personal Information may be hosted at Kapai premises or at its third party services providers, under advanced security features and protection. However, we do not guarantee that unauthorized access will never occur.

9. Third Party Sites

While using the Site you may encounter links to third party websites. Please be advised that such third party websites are independent sites, and we assume no responsibility or liability whatsoever with regard to privacy matters or any other legal matter with respect to such sites. We encourage you to carefully read the privacy policies and the terms of use or service of such websites.

10. Cookies

When you access or use the Site, the Company may use industry-wide technologies such as “cookies” (or similar technologies), which store certain information on your computer (“Local Storage”) and which will allow us to enable automatic activation of certain features, and make your service experience much more convenient and effortless. It is easy to prohibit the Local Storage. Most browsers will allow you to erase cookies from your computer's hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. However, if you block or erase cookies your online experience may be limited.

11. Additional Uses

You hereby agree that we may use your contact details for the purpose of informing you regarding our products and services which may interest you and commercial updates about Kapai’s events and news appearances, and to send to you other marketing material, transmitted to the e-mail address you have provided. You may withdraw your consent via sending a written notice to Kapai by email to the following address: support@kapai.io.

12. Notice for California Users

If you are a California resident, California Civil Code Section 1798.83 permits you to request in writing a list of the categories of personal information relating third parties to which We have disclosed certain categories of personal information during the preceding year for the third parties’ direct marketing purposes. To make such a request, please contact us at: privacy@kapai.io. Please note, that we do not control the data collected and we will use reasonable efforts to attend to your request, but we may not be able to identify or locate all the data that relates to you.

13. Changes to the Privacy Policy

The terms of this Privacy Policy will govern the use of the Site and any information collected therein. Kapai reserves the right to change this policy at any time, so please re-visit this page frequently. We will provide notice of substantial changes of this policy on the homepage of the Site and/or we will send you an e-mail regarding such changes to the e-mail address that you may have provided us with. Such substantial changes will take effect seven (7) days after such notice was provided on our Site or sent by email. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” date and your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

14. Have any Questions?

If you have any questions (or comments) concerning this Privacy Policy, you are welcome to send us an email at: support@kapai.io and we will make an effort to reply within a reasonable timeframe.