1. Acceptance; Changes

1.1 These Terms of Service (“Terms”), together with our Privacy Notice, are a legally binding agreement between you (“User,” “you,” or any variations thereof) and us (collectively: “us,” “we,” or any variations thereof), and shall cover your browsing and any other use of the www.syqe.com (“Domain”), which provides access to the sites, templates, products, tools, features, software, programs, code, technology, plug-ins, graphics, audiovisual content, components, services, upgrades, updates, and all related applications, available now or in the future provided us, and any content and/or URL pages included under the said Domain (collectively: the “Website”).

1.2 From time to time and at its sole discretion, we may amend, change, or replace these Terms by posting updated versions at the Domain or notifying you by other means. All such modifications to the Terms shall become effective upon posting the revised Terms or by receiving notification of a change to the Terms. If you do not agree to the new or different Terms, you should not use or access the services offered on the Website.

2. Website

2.1 The Website provides you with comprehensive information and resources about the Syqe®’s products, system, technology, explanations regarding clinical trials of the Products, and any other content related thereto (including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, and related graphics and other features (collectively, the “Content”).

2.2 ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO SYQE® MEDICAL LTD. THE COMMERCIAL PRODUCTS MAY VARY. THE CONTENT AVAILABLE ON OUR SITE DOES NOT CONSTITUTE AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY IN ANY JURISDICTION, NOR DOES IT PROMOTE THE USE OF CANNABIS.

2.3 IN ADDITION, UNLESS OTHERWISE AGREED UPON BETWEEN THE PARTIES, THE SITE AND THE CONTENT THEREIN ARE PROVIDED FOR GENERAL KNOWLEDGE ONLY AND DO NOT PROVIDE OR CONSTITUTE PROFESSIONAL, MEDICAL, OR PARAMEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR HEALTHCARE SERVICES AND MUST NOT BE RELIED UPON AS SUCH. YOU SHOULD MAKE ALL MEDICAL OR HEALTH-RELATED DECISIONS BASED ON PROFESSIONAL ADVICE FROM A LICENSED PHYSICIAN OR QUALIFIED HEALTH CARE PROFESSIONAL WHO IS FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. UNLESS OTHERWISE AGREED UPON BETWEEN THE PARTIES, SYQE® DOES NOT, EITHER EXPRESSLY OR IMPLICITLY, ENDORSE, RECOMMEND OR ASSUME IN ANY MANNER ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT CONTAINED ON OUR SITE, NOR DOES SYQE® ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF OUR SITE, THE VIDEOS AND/OR SERVICES AND/OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT CONTAINED ON OUR SITE.

3. Use of Website

3.1 You acknowledge that any rights granted to you herein are non-exclusive, such AS any use of the content offered to you and/or made available to you via the Website (including the Output Content, if applicable), is subject to the herein terms.

3.2 Legal Age. You are not allowed to make any use of the Website if you are under the age of 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.

3.3 Compliance. Notwithstanding anything to the contrary herein, you agree to abide by all applicable local, state, national and international laws and regulations regarding your use of the Website. To avoid doubt, the ability to access our Website does not necessarily mean that your use thereto is legal under relevant laws, regulations, and directives.

3.4 Additional Guidelines. In addition to the preceding, using the Website, you will strictly adhere to the Website guidelines published by us from time to time, such that you should not:

(a) Browse, surf, process, scan or use the Website via the operation of a computer program designed to gather information or perform functions imitating a human user (including, without limitation, Bots or Crawlers);

(b) Manipulate the URL of the Website or otherwise gain access to any internal pages to which we did not provide you with a direct link (including, without limitation, URL Hacking);

(c) Transmit or otherwise make available any worm, virus, Trojan Horse, web bug, spyware, or any other program that is intended to damage the operation of the Website;

(d) Carry out any action which may infringe the copyrights and/or any other proprietary of us or any other copyright holder;

(e) Promote advertisements or disruptive commercial messages;

(f) Copy, transmit, decompile, modify, create derivative works, reproduce, disassemble, republish, scrape, and/or reverse engineer any algorithm, code, syntax, and/or any other content associated with the Website and/or any components thereof and/or act to collect, harvest and/or data mine any data related to the Website and/or any of its users (whether by computer programs, identity theft, impersonation, or otherwise) and/or take any action which may be deemed as impersonating another person or entity, identity theft, holding multiple Accounts, etc.;

(g) Handle and/or otherwise use any content offered or displayed on the Website in any manner or way that violates these Terms of Service;

(h) Carry out any action which may infringe any laws, regulations, orders, or any guidelines of any governmental authority, is likely to offend or harm any other users of the Website and/or the general public, or could reasonably be viewed as intended to offend or hurt the feeling of any specific individual or group of people, including but not limited to the transmission of any sexual, indecent, pornographic or lewd material;

(i) Intimidate, threaten, harass or abuse anyone in any manner;

(j) Steal or attempt to steal passwords or other private information from other users of the Website; and

(k) Carry out any action which violates any Terms of Service and/or Privacy Notice, as prescribed herein and/or as otherwise published by us from time to time.

3.5 External Links. You understand that our Website may contain certain external links to third-party websites (including those of our business clients offering the Output Content) (the “External Content”). The External Content might be based upon information collected by us from our users, in accordance with our Privacy Notice. Regardless, we have no control over the content of the External Content, the order of its presentation, or its accuracy, and we are not a direct party to any transaction resulting from such External Content (if applicable) and therefore assume no responsibility and/or any liability in that respect. In addition, we provide no warranty that the access, browsing and/or consummation of any External Content shall be safe, nor that the owners or controllers of such External Content have undertaken any security or protection measures (for example, we cannot verify, nor do we warrant, that the External Content shall be free of any errors, malware, spyware, phishing, Trojan horses, data mining and/or collection, or the likes thereof). Your use of any External Content shall be at your sole risk. We highly recommend you verify the origin of any External Content prior to gaining access or otherwise using it.

4. Content and Ownership

4.1 Ownership. All rights, title, and interest in and to the services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law, including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and techniques, inventions, trade secrets, logos, domains, customized URLs, service marks, trade names, and other proprietary identifiers, whether or not registered and/or capable of being registered, and any derivations thereof, are owned by and/or licensed to us (“Proprietary Content”). If the Proprietary Content is licensed to us, then such content might be subject to additional restrictions by its owners.

4.2 You are hereby prohibited from removing or deleting any and all copyright notices, restrictions, and signs indicating proprietary rights of Syqe® or its licensors, including copyright mark [©] or trademark [™] contained in or accompanying the Content included on the Website, and you represent and warrant that you will abide by all applicable laws in this respect.

4.3 No Other Rights. It is hereby clarified that these Terms of Service do not grant any right or interest in or to our intellectual property (or any part thereof), including, without limitations, any of our Proprietary Content. Nothing in these Terms of Service constitutes an assignment or waiver of any of our property rights under any law.

4.4 Accreditations. The Company uses certain open-source materials for the operation of the Website. Developer accreditation per each such open-source material is provided here.

5. Privacy and Data Protection

5.1 In addition to these Terms of Service, your use of the Website and/or the Services is also subject to our Privacy Notice, which informs you of our policies and procedures regarding the collection, use, and disclosure of information we receive when you visit our Website and use any part of our Services.

5.2 DESPITE US MAINTAINING REASONABLE MEASURES TO SECURE AND PROTECT THE INFORMATION ON THE WEBSITE, WE CANNOT ENSURE FULL PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS AND THEREFORE ARE NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL, INCURRED BY USER DUE TO ANY SUCH EXPOSURE OF CONTENTS OR INFORMATION REGARDING USER’S ACCESS. YOU ARE HIGHLY ENCOURAGED TO MAINTAIN THE REQUISITE PROTECTION FOR YOUR MACHINE, SUCH AS MAINTAINING AN UP-TO-DATE ANTIVIRUS AND/OR ANY ANTIMALWARE OR PHISHING SOFTWARE.

6. Limited Warranties

6.1 THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6.2 WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE WEBSITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABLE; including without limitations, in connection with any errors, bugs, viruses, Trojan horses and/or any other form of malware, server runtime and/or downtime (including any interruption or cessation of any data received and/or otherwise transmitted within the scope of the use of the Website), server security measures, content uploaded by other users and/or yourself (including any personal, financial and/or any other information) or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website, OR IN CONNECTION WITH ANY USERS’ (INCLUDING YOURSELF) VIOLATION OF THESE TERMS AND CONDITIONS. (II) WE DO NOT ENDORSE OR APPROVE ANY CONTENT PROVIDED BY ANY PARTY OTHER THAN US AND DISCLAIM ALL LIABILITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THIS WEBSITE OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE. NOTHING HEREIN SHALL DEROGATE FROM ANY OTHER LIMITATION OF LIABILITY PRESCRIBED UNDER THESE TERMS.

7. Limitation of Liability

7.1 TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THIS WEBSITE (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THIS WEBSITE), (II) ACTION OR INACTION IN CONNECTION WITH THESE TERMS, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON THIS WEBSITE OR YOUR WEBSITE, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

7.2 WITHOUT DEROGATING FROM THE GENERAL NATURE OF THE PRECEDING, WE ASSUME NO LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES, WORMS, AND/OR OTHER MALICIOUS SOFTWARE WHICH MAY INFECT THE USER’S MACHINE(S) WITHIN THE SCOPE OF THE USE OF THE website.

8. Indemnification

YOU SHALL INDEMNIFY US, including our DIRECTORS AND OFFICERS, EMPLOYEES, SERVICE PROVIDERS AND/OR ANY AFFILIATES (COLLECTIVELY: THE “INDEMNITEES”), FOR CLAIMS, SUITS, LOSSES AND/OR DAMAGES RESULTING FROM YOUR USE OF, ACCESS TO OR RELIANCE ON THE WEBSITE OR THE CONTENT OR FROM ANY 3^RD PARTY CLAIMS OR COMPLAINTS ARISING FROM, OR IN CONNECTION WITH, YOUR FAILURE TO ACT IN ACCORDANCE WITH THESE TERMS, UPON THE INDEMNITEES’ FIRST DEMAND.

9. Governing Law; Class Action Waiver

9.1 Subject to any applicable law, all disputes between you and us shall only be resolved individually. You shall not have the right to bring any claim against us as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

9.2 These Terms of Service and/or any other manner pertaining to your use of the Website shall be governed and construed in accordance with the laws of the State of Israel, and the competent courts of Tel-Aviv, Israel, shall have sole and exclusive jurisdiction over any matter arising thereof.  Both parties acknowledge the said forum as an adequate and appropriate forum that shall not cause any undue hardship to any parties.

10. Assignment

You may not assign any rights and/or obligations you may have under these Terms of Service and/or Privacy Notice without our prior written consent. We may freely assign any of its rights and/or obligations herein, without limitations, provided that your rights herein shall not be adversely affected.

11. Termination

11.1 You may terminate your relations with us in connection with the use of the Website at any time by ceasing to browse the Website, all in accordance with our Privacy Notice.

11.2 However, the Terms of Service in effect on the date of such termination shall continue to be in force in connection with your use of the Website until the date of such termination (AND THE TERMS OF SECTIONS ‎5, ‎7 THROUGH ‎9 (Inclusive), AND SECTION ‎10 SHALL SURVIVE ANY TERMINATION, REGARDLESS OF REASON AND IDENTITY OF THE TERMINATING PARTY.

12. Contacting Us

If you have cause to believe any content found on the Website (including such content provided by other users) to be in violation of these Terms and/or infringe any 3^rd party proprietary rights and/or applicable law, kindly notify us of such content via email to cs@syqemed.com, stating the violating content and the nature of the violation.