TERMS OF USE

These Terms of Use (the “Terms”) govern your relationship with Vensica Medical Ltd., and its parents, subsidiaries, and other affiliates (collectively “Vensica” or “We”), and set forth the terms and conditions under which Vensica makes available its website at: [https://www.intra-gel.com/] (the “Website”), and all services or products which may be provided by Vensica related thereto (collectively, the “Services”), to each person or entity accessing or using the Website and/or the Services (each a “User” or “you”). By using the Website and/or Services, you hereby agree to be bound by the Terms and to use the Website and/or Services solely in accordance with the Terms and any applicable law.

1. SERVICES

The Website provided by Vensica is intended for general information purposes to provide Users with information about Vensica’s technology and/or Services, or other information which may be presented about Vensica from time to time.

The Website is not available to persons under the age of 18. By using the Website or Services you represent that you are at least 18 years of age, and are not otherwise prohibited or restricted from agreeing to these Terms. Vensica reserves the right to deny access to any User which does not comply with these Terms, at Vensica’s sole its discretion.

If you are using the Website or Services on behalf of a company, entity, or organization (the “Corporation”), you represent and warrant that you are an authorized representative of the Corporation, having the authority to bind the Corporation to these Terms. In the event you are using the Website or Services on behalf of a Corporation, all references to “you” or “User” in these terms shall be construed to mean you, the Corporation, and any other individual that uses the Website or Services on behalf of or through authorization from the Corporation.

Vensica reserves the right at any time and from time to time, to modify, suspend, or discontinue, temporarily or permanently, the Website or Services or any part thereof, or User’s access thereto, at its sole discretion. You will have no claim, complaint or demand against Vensica for applying such changes or for failures incidental to such changes.

2. PRIVACY POLICY

Your privacy is important to Vensica. Vensica’s Privacy Policy is available on [https://vensica.com/privacy-policy] (“Privacy Policy”), and is incorporated into the Terms by reference. Please read the Privacy Policy carefully. By accessing or using the Website or Services, you represent and warrant that you have read and understood to the practices described in our Privacy Policy.

3. MODIFICATIONS OF TERMS

Vensica reserves the right to amend, modify, add to or delete any of the Terms from time to time, and such modifications shall be effective immediately upon posting of the modified terms or updated charges on the Website. Please check this page and the Website from time to time for any updates, as indicated by the “Last updated” date hereinabove .

4. NON-RELIANCE ON INFORMATION

The Website and/or Services do not provide, replace or recommend any medical or professional health advice, diagnosis, treatment or recommendations of any kind. Any content communicated through the Website or Services does not constitute medical advice (nor is it intended to substitute for such advice in any respect) nor does it create any physician-patient relationship.

The content provided by the Website and/or Services is for informational purposes only, and should not be construed as medical or professional health advice. You agree that any use by you of any content provided by the Website or Services shall be done at your sole risk. You acknowledge that when using our Website or Services you may be exposed to content from a variety of sources and that Vensica is not responsible for nor does Vensica guarantee the quality, truthfulness, accuracy, usefulness or safety of such content.

5. THIRD PARTY LINKS

The Website or Services may contain links to third party content, websites or advertisements. Vensica is not responsible and does not endorse any third party links. Please note that third party links are not governed by the Terms or Vensica’s Privacy Policy. You should review any applicable terms of use and privacy policies of third party links prior to providing such third parties with any personal data.

Insofar as these third party links offer products or services for sale, Vensica is not a party to these transactions and will not be held liable in connection with those services or products. If you select to use these links and visit the third party links, you will do so at your own risk and you undertake to adopt all possible cautionary measures in order to abstain from any damages to you.

6. RESTRICTED USES

In connection with your use of the Website or Services, and without limiting any of the other obligations under the Terms or under applicable law, you agree and undertake, that you will not, and will not allow others to:

• upload, post, email, distribute, communicate, transmit or otherwise make available any content, and not to upload to the Website or Services any content: (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, offensive, invasive of another’s privacy, or otherwise objectionable, (ii) that infringes any intellectual property right of any third party, (iii) that you do not have the right to make available by reason of any law or contractual or fiduciary relationship, or (iv) that comprises or includes any “junk mail”, “spam” or disrupt discussions with repetitive messages.
• decompile, disassemble or reverse-engineer the Website or Services, or any part thereof, in any form or by any means; or modify the Website or Services in any way;
• interfere with or disrupt the integrity or performance of the Website or Services;
• use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “mine”, cache, copy or download data or any content from the Website or Services (unless expressly permitted in writing by Vensica);
• copy the Website or Services or any feature, function or user interface thereof, or its related systems or networks;
• sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the Website or Services;
• use the Website or Services for any commercial purpose or for the benefit of any third party or in any manner not authorized by these Terms;
• attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Website or Services or any software thereto, or otherwise attempt to gain unauthorized access to the Website’s software, code or restricted parts;
• use the Website or Services for any illegal, immoral or unauthorized purpose, encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
• engage in excessive usage of the Website or Services, as determined by Vensica at its sole discretion, including usage that adversely affects the speed, responsiveness, or functionality of the Website, or disrupts the availability of the Website or Services for other Users;
• use the Website or Services in any way that infringes or violates these Terms or applicable law.

7. INTELLECTUAL PROPERTY

Vensica retains exclusive ownership of all rights, interests and title in the Website or Services, its code and any underlying intellectual property rights and know-how associated therewith or with any part thereto, including without limitation any and all trademarks, trade names, copyrights, patents and other intellectual property rights used or embodied in or in connection with the Website or Services. Nothing in the Terms shall grant User any rights to Vensica’s intellectual property.

Vensica grants the User a limited right to use the Website or Services, solely in accordance with the Terms and applicable law.

8. LIMITED WARRANTY

USER ACKNOWLEDGES AND AGREES THAT THE WEBSITE OR SERVICES AND ANY OF THIER CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS”, ARE USED ONLY AT USER’S SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. VENSICA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE WEBSITE OR SERVICES (AND ALL CONTENT, INFORMATION, SOFTWARE, AND LINKS CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES AS TO THEIR BEING ERROR FREE, ACCURATE, UNINTERRUPTED ANY WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

VENSICA MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT PROVIDED THROUGH THE WEBSITE OR SERVICES. THE CONTENT, INCLUDING ANY MEDICAL INFORMATION AND ALL RELATED INFORMATION AND DATA MADE AVAILABLE THROUGH THE WEBSITE OR SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE (AND DOES NOT CONSTITUTE) MEDICAL ADVICE OR RECOMMENDATIONS SPECIFICALLY FOR YOU AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM VENSICA OR THROUGH THE WEBSITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

VENSICA DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION ON OUR WEBSITE OR SERVICES IS ACCURATE OR COMPLETE. VENSICA SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED IN CONNECTION WITH YOUR USE OF ANY CONTENT PROVIDED BY THE WEBSITE OR SERVICES.

VENSICA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET OR ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS NOT CONTROLLED VENSICA.

9. LIMITATION OF LIABILITY

VENSICA SHALL NOT BE LIABLE FOR ANY LOSS OF USE, FAILURE OF SECURITY, LOST DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. WITHOUT DEROGATING FROM THE AFORESAID, VENSICA SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY TO ANY LOSS, LIABILITY, DAMAGE OR EXPENSE RESULTING OR RELATING TO ANY ACTIVITY, PERFORMED BY USER VIA USE OF THE WEBSITE OR SERVICES, AND USER SHALL HAVE NO CLAIM, RIGHT OR DEMAND WITH RESPECT THERETO.

NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS, EXCEPT WITH RESPECT TO FRAUD, MALICIOUS ACTS OR GROSS NEGLIGENCE BY VENSICA, VENSICA’S ENTIRE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO VENSICA IN CONNECTION WITH THE SUBJECT MATTER OF THE CLAIM RAISING THE LIABILITY.

10. GENERAL TERMS

Vensica may assign the Terms (or any part thereof) without prior notice of consent of the User to a third party assuming Vensica’s obligations hereunder.

If any provision of the Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, such provision shall be modified or limited to the minimum extent necessary so that the Terms shall otherwise remain in effect.

The Terms comprise the entire agreement between you and Vensica relating to the Website or Services.

Vensica does not guarantee continuous, uninterrupted access to the Website or Services, and operation of the Website or Services may be interfered with by numerous factors outside Vensica’s control.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms between you and Vensica.

The Website, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel-Aviv, Israel. If you have any questions or comments to the Terms, please send us an email to avner@vensica.com.