Kapai Terms and Conditions of Use

Last Revised December 09, 2018

PLEASE READ CAREFULLY BEFORE USING THIS SITE. YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT.

The following terms and conditions of use constitute a legally binding agreement between you and Kapai Media Ltd. (“Kapai”) and its affiliates (collectively “Kapai”, “ Company” “we” or “us”). Kapai operates kap.ai (the “Website” or “Site”), an online platform that is home to a diverse community of startup entrepreneurs that allows users to collaborate, share their insights and curate relevant content with the help of crowdsourced expertise and Kapai’s proprietary artificial intelligence (“ AI”) algorithm (the "Service”). These Terms and Conditions of Use, including the terms of our Privacy Policy (available at: https://kap.ai/legal/privacy) (collectively, the “Terms”), govern your access and use of the Site and the Service, both as a guest visitor and as a registered User, as described below. “ User(s)”, “you” or “your ” means a user of the Service.

By accessing or using the Site or the Service, you agree that you are entering into a legally binding agreement with us based on the Terms set forth herein (this “Agreement”). IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS OR USE THE SITE IN ANY MANNER .

Any entry into and use of the Service constitutes your agreement to these Terms and all applicable laws and your certification that you are authorized to accept these Terms. For those Users that enroll on the Site as registered Users, the terms and conditions that are specifically applicable to registered Users shall apply to you in addition to the general terms and conditions applicable to unregistered Users.

We may revise and update these Terms at any time and such revisions are binding on all Users. Changes to these Terms shall apply as of and following the effective date of the change. We recommend that you revisit these Terms from time to time to review your current rights and obligations.

The Service

The Service is comprised of an online platform allowing Users to post and curate high-quality content and information relevant to today’s modern startup ecosystems (the “Content”), collaborate with other like-minded individuals within the startup world and turn the collective experiences and accomplishments of the community into invaluable insights and actionable objectives for tech entrepreneurs. As part of the Service, Users are able to create, join and actively curate discussion threads (“ Kapa(s)”) specific to important subjects in the startup world, where the discussions are fully curated by the Kapai community to ensure that the content is of the highest quality and the dialogue always remains focused and relevant to the topic(s) at hand. In order to keep our content as applicable and as meaningful to your startup needs as possible, our community’s curation process is based on the relevant voting-power (“ VP”) of our most active Users, allowing those Users with more significant experience and knowledge in the world of startups to use their VP to weigh in on what items of discussion are the most relevant to any particular Kapa. Using a combination of crowdsourced knowledge based in our online community and Kapai’s proprietary AI, our platform ensures that the discussions and insights published on our Site closely align with the most pressing issues faced by our Users and accurately reflect the leading industry thinking and standards for effectively growing and scaling startups from inception to maturity.

TO USE THE SERVICE(S) AND OPEN A USER ACCOUNT YOU MUST BE OVER THE AGE OF EIGHTEEN (18).

Use of the Service

Kapai allows you to access and use the Service subject to these Terms for your own use only. You may not provide access to or use the Service or content thereof for the benefit of third parties or make commercial or non-personal use of the Service or related content.

Use of and access to the Service is void where prohibited. By accessing and using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline.

Use Restrictions

You agree that you will not act in any way or transmit any content that: (a) restricts or inhibits use of the Service; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another User or otherwise misrepresents yourself in any manner; (d) infringes or results in the infringement of Kapai’s or any other third party’s copyright, patent, trademark, trade secret or other intellectual property rights, privacy rights or other rights; (e) is or you reasonably believe or should reasonably believe to be illegal, fraudulent, false, inaccurate, misleading, 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; (f) is defamatory, libelous, threatening, abusive, hateful, obscene or indecent, or contains pornography; (g) promotes physical, mental or emotional harm or injury against any User of the Site or any group or individual; (h) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc.

The software and technology underlying the Site and the Service is the property of Kapai and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service, including in order to allow you to copy or download any content; (b) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content; (c) use the Service or the Site and/or content provided therein in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; (e) harvest, collect or mine information about other Users of the Service; or (f) use or access another User’s account or password without permission.

User Account Registration

To access those portions of the Site and the Service reserved for registered Users, you will need to register as a member and create a Kapai User account and member profile (the “Account”). Account registration may be completed by logging in via your active personal Facebook or Google accounts or otherwise by manually registering using your current email address. If you create a member account using your Facebook or Google login details, you authorize us to access, display and use certain information from your relevant account (e.g. profile pictures, name, email). To create a member account manually, you must provide us with your given name, family name, e-mail address and select a username and password. Your registration allows you to use the Service, to access tools and content restricted to registered Users and to publish personalized content and curate topics on the Site in the particular Kapas relevant to you, all subject to these Terms and our Privacy Policy (which may be accessed at https://kap.ai/legal/privacy and is hereby incorporated by reference).

In order to maintain the integrity of our Service and ensure that our registered Users’ experience on the Site remains informative and useful, we require that persons seeking membership be either a(n) (a) entrepreneur in the startup world or a legal guardian acting for a founder under 18 years of age or who are otherwise incapacitated, (b) industry expert with the requisite knowledge and experience relevant to our online community, (c) guest with legitimate, non-commercial interests for participating in the community and who agrees to respect the privacy and preserve the dignity of all community participants or (d) guest as otherwise authorized by a Kapai. We reserve the right to refuse to allow a user to open or maintain a member account for any reason at our sole discretion.

You are solely and fully responsible for maintaining the confidentiality of the login credentials (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. We will never ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. 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, even if such activities were not committed by you. You may be liable for the losses of Kapai and/or others due to any such use. You agree to indemnify and hold Kapai, its parent, subsidiaries and affiliates, harmless for any improper or illegal use of your Account, including by someone to whom you have given permission to use your Account. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate or unauthorized use of the Site or the Service through your registered Account.

All registered Users represent and warrant that the information they provided when registering as a user, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading.

User Content

The Service permits registered Users to post, edit and curate content across the platform such as Kapas or discussion topics, links and references, messages, comments and replies to other Users (collectively, “ User Content”) and to publish User Content on the Site. Please ensure that when you use the Service, 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 in connection with the Service. 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.

We don't claim ownership of the User Content you may provide or publish on our Site. Your content remains your content. We also don't control, verify, or endorse the content that you and others make available as part of the Service. Registered Users of the Service have access to certain community areas where Users may post their own User Content. However, by publishing your User Content on the Site or by otherwise incorporating your User Content into the Service, you hereby grant to Kapai, its parent, subsidiaries and affiliates a perpetual, irrevocable, non-exclusive, transferable, assignable, fully sub-licensable, worldwide and royalty-free license and right to use, reproduce, copy, make available to the public, display, perform, distribute, transmit, edit, modify, compile, translate and create derivative works of your User Content, whether through the Internet or otherwise, in any media formats and through any media channels known today and developed in the future, subject to these Terms and the terms of our Privacy Policy. 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.

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.

If you share information on the service in a way that infringes others' rights, including privacy rights, you're breaching these Terms. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the information doesn't violate any law. We may remove your posts, User Content or information from the Service at any time if you breach these Terms.

You are responsible for backing up the data that you store on the Site, if any. If your Account is cancelled, we may permanently delete your data from our servers. We have no obligation to return data to you after the Service is cancelled. If data is stored with an expiration date, we may also delete the data as of that date. Deleted data may be irretrievable.

Termination of Account

You agree that Kapai may, for any reason, in its sole discretion and without notice, terminate your Account, and remove from the Site or as part of the Service any content associated with your Account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is harmful to other Users, guests, third parties or the business interests of Kapai, or (v) behavior that violates the privacy of other Users, guests or third parties.

If Kapai believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Service. You may request termination of your Kapai account at any time and for any reason by sending an email to support@kap.ai. Any suspension, termination, or cancellation shall not affect your obligations to Kapai under these Terms, including but not limited to ownership, indemnification, and limitation of liability, which by their sense and context are intended to survive such suspension, termination, or cancellation.

Privacy

You agree that you have thoroughly read, understood and accept Kapai's Privacy Policy , which explains how we collect, store and use the personal and nonpersonal information obtained from you when you are using the Site and/or the Service. You explicitly consent to the use, access, disclosure, transfer and preservation of the personal information you provide via the Service, including storing, processing, and disclosing the data in accordance with these Terms and the Privacy Policy, which is available at https://kap.ai/legal/privacy and is incorporated by reference into these Terms.

Limited License

Kapai is granting you with a limited, personal, not exclusive, non-assignable, not-tradeable, non-sub-licensable, fully and immediately revocable at Kapai’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. Other than as stated herein, these Terms do not entitle you with any right in the Site, its contents or Materials, rather than a limited right to use them in accordance herewith.

The Materials are made available to you subject to these Terms, for your own personal limited use and without derogating from the restrictions set forth under these Terms 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 Kapai’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.

Feedback

In the event that you provide Kapai with any suggestions, comments or other feedback relating to Site and/or Kapai’s Service (collectively, “ Feedback”), such Feedback is deemed at its incipiency the sole and exclusive property of Kapai and you hereby irrevocably assign to Kapai all of your rights, title and interest in and to all Feedback, if any, and waive any moral rights to it you (or anyone on your 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 you become aware of any third party right or limitation which may apply to Feedback already provided.

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, AI, 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 by 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” 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.

All elements comprising the Site and the Service, including without limitation, the text, design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of Kapai or its licensors. Except as expressly permitted in these Terms, any use, reproduction, modification, distribution, transmission, republication, display or performance of the Service or any content is strictly prohibited. Trademarks, service marks and logos displayed on the Site or via the Service are the exclusive property of Kapai unless otherwise stated and may not be used without the express written consent of Kapai. All rights not expressly granted herein are reserved to Kapai, its affiliates and its licensors.

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.

Availability of and Changes to the Site

The Site’s availability and functionality depend on various factors, such as communication networks, software, hardware, and Kapai’s Site providers and contractors. Kapai shall use reasonable commercial efforts to maintain the availability of the Service but does not warrant or guarantee any specific level of availability of the Service. 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. Kapai will not be liable to you as a result of temporary service interruptions.

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 prior notice to you, at any time, and in such event you will not be able to access your Account or any User Content uploaded to the Site. 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).

Deleting Personal Information

You may request the deletion of any personal information that we are a custodian of at any time by contacting us with an explicit request at: support@kap.ai. When handling such requests, we may ask for additional information to confirm your identity. Please note, upon request to delete your Personal Information, we may retain such data in whole or in part to comply with any applicable rule or regulation and/or to respond to or defend against legal proceedings brought against us or our affiliates.

Disclaimers & Disclaimer of Warranty

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) OR THE SERVICE. 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 SERVICE, 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 SERVICE 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 .

Limitation of Liability

Kapai assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content on the Service. Kapai is not responsible for any problems or technical malfunction of any network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet, on the Site or on the Service, including any injury or damage to users or to any person's personal device related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Kapai be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline.

IN NO EVENT SHALL KAPAI OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT THEREIN, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT KAPAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 SERVICE 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 TO KAPAI FOR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO KAPAI FOR THE USE OF THE SERVICE, THEN KAPAI SHALL HAVE NO LIABILITY WHATSOEVER TOWARDS YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Kapai and its respective employees, directors, officers, subsidiaries, Kapai Affiliates, partners, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) your use of the Site (or any part thereof); (b) breach of these Terms by you or anyone using your computer, mobile device or password; (c) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service; (d) your violation of any law or regulation; (e) your infringement of any right of any third party; (f) information you provide to or use in connection with the Service violating third party intellectual, privacy or other rights and (g) any other matter for which you are responsible hereunder or under law. You agree that your use of the Service shall be in compliance with all applicable laws, regulations and guidelines.

Waiver

The failure of Kapai to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right nor shall it operate to bar the exercise or performance thereof at any time or times thereafter. A waiver of any right hereunder at any given time shall not be deemed a waiver thereof for any other time.

Modification

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended Terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an updated effective date.

Severability

If any provision of these Terms is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, you and Kapai shall, if possible, agree on a legal, valid and enforceable substitute provision which is as similar in effect to the deleted provision as possible. The remaining portion of these Terms not declared illegal, invalid or unenforceable shall, in any event, remain valid and effective for the term remaining unless the provision found illegal, invalid, or unenforceable goes to the essence of these Terms.

Notices

You agree that we may send notices to you by email at the email address you provide when registering to become a registered User of the Service (or which you later update). All notices to Kapai hereunder shall be in writing, personally delivered, by certified mail, return receipt requested, or by nationally recognized overnight delivery service, fax or email, at: fax: +972 525496566; email: support@kap.ai. A notice shall be effective from the date of personal delivery or upon receipt if sent by certified mail, and upon the date of sending if sent by fax or email.

Governing Law and Venue

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.

No Relationship

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.

Assignment

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. Kapai may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement without our prior written consent. Any attempted or actual assignment thereof without Kapai’s prior explicit and written consent will be null and void.

Entire Agreement

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 and the Service. 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.

Contact Us

For any questions or comments, or to report violations of this Agreement or these Terms, let us know by contacting us at: support@kap.ai.