NovoShield Website Terms of Use

Last Updated: June 27, 2022

Welcome to https://www.novoshield.com/ (together with its subdomains, Content, Marks and services, the “Website”). Please read the following Terms of Use carefully before using this Website so that you are aware of your legal rights and obligations with respect to NovoShield  Ltd. (“NovoShield”, “we”, “our” or “us”). By accessing or using the Website, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the “Terms”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the Website. 

1. 1. Background. The Website is intended to provide information about NovoShield’s products and services as well as to provide links to appstores where you can download NovoShield’s application (“Extension”). 
   2. Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective 10 days following posting of the revised Terms on the Website, and your continued use of the Website thereafter means that you accept those changes.
   3. Ability to Accept Terms. The Website is only intended for individuals aged 18 years or older. If you are under 18 years please do not visit or use the Website. 
   4. License. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Website provided that you comply with these Terms and applicable law. Restrictions. You shall not: (i) copy, distribute or modify any part of the Website without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Website; (iv) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Website; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Website. 
   5. Account. In order to use some of the services of the Website (for example, to use the Admin panel), you may have to create an account (“Account”). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify NovoShield  immediately of any breach of security or unauthorized use of your Account. As between you and NovoShield, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to NovoShield at support@novoshield.com. 
   6. Payments to NovoShield. Except as expressly set forth in the Terms, your general right to access and use the Website is currently for free, but NovoShield may charge a fee for certain access, usage or features. You will not be charged for any such access, use or features of the Website unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Website. The applicable, non-refundable subscription fees are set forth in the Subscription Plan on the appstores or our payment processors such as Stripe (“Subscription Fees”) at such times and for such periods as set forth therein. Your payment may be processed through a third party payment processing service, and additional terms may apply to such payments. We reserve the right to use other third party payment processing services for such purposes in the future. Unless otherwise stated in the Subscription Plan, all amounts payable under this Agreement are non-refundable, non-cancellable, and exclusive of all sales, use, value-added, withholding, and other direct or indirect taxes, charges, levies and duties. We reserve the right in the future to charge a fee for features and/or uses which are currently made available free of charge. Any failure to pay applicable charges may result in you not having access to some or all of the License. Trial period. NovoShield may offer a free trial period for evaluation purposes during the applicable trial period (“Trial Period”) prior to charging for the Subscription Fees. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE MAXIMUM PERMITTED BY LAW NOVOSHIELD AND NOVOSHIELD  AFFILIATES WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, OR OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER, WITH RESPECT TO TRIAL PERIODS, AND NOVOSHIELD  HAS THE RIGHT TO TERMINATE A TRIAL PERIOD AT ANY TIME AND FOR ANY REASON
   7. Intellectual Property Rights 
      1. Content and Marks. The: (i) content on the Website, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”); and (ii) the trademarks, service marks and logos contained therein (“Marks”), are the property of NovoShield  and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “NovoShield”, the NovoShield logo, and other marks are Marks of NovoShield or its affiliates. All other trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Website and the Content. 
      2. Use of Content. Content on the Website is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein. 

• Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Website is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

• Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Website, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including to investigate potential violations of them; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of NovoShield, its users or the public.

• Links 

1. 1. 1. The Website may contain links, and may enable you to post content, to third party webWebsites that are not owned or controlled by NovoShield. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party webWebsites. You: (i) are solely responsible and liable for your use of and linking to third party webWebsites and any content that you may send or post to a third party webWebsite; and (ii) expressly release NovoShield from any and all liability arising from your use of any third party webWebsite. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party webWebsite that you may choose to visit.
      2. NovoShield  permits you to link to the Website provided that: (i) you link to but do not replicate any page on this Website; (ii) the hyperlink text shall accurately describe the Content as it appears on the Website; (iii) you shall not misrepresent your relationship with NovoShield  or present any false information about NovoShield  and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a webWebsite (“Third Party WebWebsite”) which prohibites linking to third parties; (v) such Third party WebWebsite does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law. 

• Privacy. We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at [please insert URL]. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

• Warranty Disclaimers 

1. 1. This section applies whether or not the services provided under the Website are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. 
   2. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. NOVOSHIELD  HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NOVOSHIELD  DOES NOT GUARANTEE THAT THE WEBSITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE WEBSITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT NOVOSHIELD  WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE WEBSITE BY A THIRD PARTY. 
   3. NOVOSHIELD  DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT NOT CREATED BY NOVOSHIELD, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT. 
   4. YOU SPECIFICALLY ACKNOWLEDGE THAT NOVOSHIELD SHALL NOT BE RESPONSIBLE FOR THE CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY WEBSITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 
   5. YOUR RELIANCE ON, OR USE OF, NOVOSHIELD, OR INTERACTION WITH ANY WEBSITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY WEBSITE USER OR OWNER IN CONNECTION WITH THE WEBSITE OR ANY USER SUBMISSION, YOU AGREE THAT NOVOSHIELD IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. NOVOSHIELD RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
   6. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, NOVOSHIELD DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE WEBSITE.
2. Limitation of Liability 
   1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NOVOSHIELD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF NOVOSHIELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations will only apply to you to the maximum extent permitted by law.
   2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NOVOSHIELD FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO NOVOSHIELD  FOR USING THE WEBSITE DURING THE 3 MONTHS PRIOR TO BRINGING THE CLAIM. 
3. Indemnity. You agree to defend, indemnify and hold harmless NovoShield and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Website; (ii) your interaction with any Website user; or (iv) your violation of these Terms.
4. Term and Termination. These Terms are effective until terminated by NovoShield or you. NovoShield, in its sole discretion, has the right to terminate these Terms and/or your access to the Website, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). NovoShield shall not be liable to you or any third party for termination of the Website, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue use of the Website. Upon termination of these Terms, you shall cease all use of the Website. This Section 15 and Sections 7 (Intellectual Property Rights), 11 (Privacy), 12 (Warranty Disclaimers), 13 (Limitation of Liability), 14 (Indemnity), and 16 (Assignment.) to 17 (General) shall survive termination of these Terms.
5. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by NovoShield without restriction or notification to you. 
6. General. NovoShield reserves the right to discontinue or modify any aspect of the Website at any time. These Terms and the relationship between you and NovoShield  shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Yafo and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that NovoShield  may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and NovoShield concerning the Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: May, 2022