Rise Platforms

These Terms of Service (the “Terms”) is the legal binding agreement between you (“you”) and Rise Platforms Ltd. (“Rise Platforms”, “our”, “we” or “us”) governing your use of the website available http://rise-platforms.com/ (the “Website”).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND/OR USING THE WEBSITE.

BY ACCESSING OR USING OUR WEBSITE YOU INDICATE THAT YOU HAVE READ AND AGREED TO BE BOUND BY THE TERMS AND THE PRIVACY POLICY AVAILABLE AT http://rise-platforms.com/privacy-policy/ (THE “POLICY”), WHICH IS INCORPORATED HEREIN BY REFERENCE.

If you are a minor under the laws of the country of your residence, you may not use the Website. If we become aware that a person under the legal age is using the Website, we will block such person from accessing the Website and make our best efforts to delete, as promptly as possible, all information related thereto.

By agreeing to the Terms, you hereby confirm that you are: (i) of legal age to enter into this agreement with us, and (ii) lawfully entitled to use the Website in the country of your location.

If you do not accept these Terms, you may cease using the Website.

We reserve the right, at our sole discretion and without providing a prior notice, at any time, to modify, change and/or update the Terms or any feature of the Website. As we may update the Terms from time to time, please visit this page regularly. If we make material changes to the Terms, as shall be determined in our sole discretion, we will make reasonable efforts to provide you with notice through the Website, or by any other means.

Your continued use of the Website constitutes your complete and irrevocable acceptance to any updated Terms. If any changes made to the Terms are not acceptable to you, you may cease using the Website.

The Website.

The Website provides you with information related to Rise Platforms and its services, such as contact details, graphic user interface and other materials (the “Information”).

Service Providers.

We may be using third party software and/or services in connection with the operation of the Website. We may provide your information to such third parties. The third parties we are currently engaging are:

(i) Amazon Web Services, Inc. servers to store your information. The measures taken by Amazon to protect the security of their servers and your information are detailed at: https://aws.amazon.com/security/.

Links to Third-Party Websites.

Several links provided on our Website allow users to leave the Website and enter into third-party sites or services (the “Linked Services”). These Linked Services are provided solely for convenience purposes. We are not responsible for the availability of the Linked Services as they are not under our control. We are not responsible or liable for any information on or available from the Linked Services (including any additional links contained within the Linked Services).

Proprietary Rights; Ownership.

Any and all rights and interests in the Website and any related services and/or features thereto, including related proprietary rights, are and will remain owned solely by us. These Terms do not convey any interest to you, in or to the Website, but only a limited right to use the Website in accordance with the Terms.

Nothing in these Terms shall be construed as a waiver of our proprietary rights under any applicable law.

Representations and Warranties.

You represent and warrant that: (a) you will only use the Website as permitted under these Terms; (b) when you use the Website, you shall comply with all applicable laws, regulations, rules, and industry best practices; (c) you will not use the Website for inappropriate purpose; (d) you are not located in a country that has been designated by the U.S. Government as “terrorist supporting”; (e) you are not located in a country that is subject to a U.S. Government embargo; (f) you will not use the Information and/or Website for non-personal/commercial purposes; and (g) you are not listed on U.S. Government list with respect to restricted or prohibited parties.

Term and Termination.

We may terminate your use of the Website with or without any reason or prior notice, at our sole discretion, at any time, in addition to all remedies available to us under applicable law.

Privacy.

The Policy details our privacy practices and lists the information that we may collect, use and/or share in connection with your use of our Website. If you believe we violated any of your privacy rights, please contact us at: legal@rise-platforms.com.

Disclaimer

THE WEBSITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED; OR (B) THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE WEBSITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOUR ONLY REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE IS TO CEASE USING THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR AND ASSUME ALL THE RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE. WE ARE NOT RESPONSIBLE TO YOU OR TO ANY THIRD PARTY. YOU ARE RESPONSIBLE IF YOU BREACH ANY OF YOUR REPRESENTATIONS AND WARRANTIES HEREIN, AND FOR ANY LOSS OR DAMAGE WHICH WE MAY SUFFER AS A RESULT OF ANY SUCH BREACH. FURTHERMORE AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE ARE NOT OBLIGATED TO MAINTAIN THE WEBSITE, OR TO PROVIDE YOU WITH ANY SUPPORT, UPDATES, BUGS FIX OR ANY OTHER FEATURES AVAILABLE THEREIN.

Indemnity.

You agree to indemnify, defend and hold us, and our Group, harmless from and against any and all claims, obligations, damages, liabilities, costs, losses and expenses (including attorney’s fees) arising from: (i) your violation of the Terms; (ii) your access or use of our Website; or (iii) your breach of any third-party right, including without limitation, any privacy right, or intellectual property right.

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARENTS, CONTRACTORS, SUCCESSORS, ASSIGNS, OR LICENSORS (THE “GROUP”) BE LIABLE TO YOU OR ANY OTHER THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, LOSS OF BUSINESS PROFITS, COMPUTER FAILURE OR MALFUNCTION, DAMAGES ARISING IN CONNECTION WITH ANY USE OF THE WEBSITE AND/OR THE INFORMATION THEREIN, LOSS OF DATA OR BUSINESS INFORMATION OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, THE USE OF OR INABILITY TO USE THE WEBSITE UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING ALL OF OUR GROUP) FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE WEBSITE, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED ONE HUNDRED U.S DOLLARS.

Governing Law and Jurisdiction.

The Terms shall be construed and governed in accordance with the laws of the State of Israel, without giving effect to its choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For any claim that you have with us, you agree, prior to filing any suit or proceeding, to first contact us and attempt to resolve the claim informally by sending us written notice of your claim (“Notice”). If you and we cannot reach an agreement to resolve the claim within 30 days after the Notice is received, then such claim shall be finally exclusively settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) by one arbitrator appointed in accordance with the ICC Rules (the “Arbitrator”). The arbitration shall take place in Tel-Aviv, Israel, and shall be conducted in the English Language. The arbitration shall be conducted on a confidential basis. The award passed by the Arbitrator shall be final and binding on both the parties. Nothing contained herein shall prevent us from applying to any court of law in order to obtain injunctions, equitable relief or any equivalent remedy, against the other Party, in order to restrain the breach of any covenants pursuant to these Terms. The arbitration award shall be enforceable in any court of competent jurisdiction. Any motion to enforce or vacate an arbitration award under this agreement shall be kept confidential to the maximum extent possible. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE AND/OR THE INFORMATION CONTAINED THEREIN HAS TO BE SUBMITTED WITHIN ONE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

General.

The Terms constitute the entire understanding between the parties with respect to the matters herein. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. section headings are provided for convenience only and have no legal or contractual significance. Our failure to take action or enforce any rights against you in the event of any violation under the Terms shall not be constructed as a waiver of such rights. The Terms and any right granted herein may not be assigned by you without receiving our prior written consent. Nothing in the Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and us.

Contact Us.

If you have any questions related to the Terms, please contact us at legal@rise-platforms.com.