Terms of use

Date: September 1, 2023.

Please carefully read these Terms of Use ("Terms of Use"), as they govern the use of CBI Technologies' products, websites, and services. This Agreement is entered into between you and CBI Technologies and its affiliates (collectively referred to as "CBI Technologies") and governs your access to our Services and Software and their use. You may enter into this Agreement on your own behalf or on behalf of a legal entity. If you enter into this Agreement on behalf of a legal entity, you represent that you are a representative with duly authorized powers and are authorized to bind such legal entity to comply with these Terms of Use. Any mention of the pronouns "you" и "your" in this Agreement, as well as their derivatives implies the person accepting these Terms of Use as an individual or legal entity on whose behalf the representative acts.

  1. Account; Joint Use
    1. Registration

      You may be required to provide information about yourself for registration and access to the Services and Software or their use. You represent and warrant that any such information, including customer data, is and will remain accurate and complete, and that CBI Technologies is not responsible for any errors or omissions in the customer data. You may also be asked to choose a username and password to access the Services and Software or their use. We may reject or require you to change any such username and password at our discretion. You are solely responsible for ensuring the security of your username and password and agree not to disclose them to third parties or make them available to them.

    2. Prohibition of Joint Use.

      You may not share your account or any other user rights with any other individual unless you obtain clear prior written permission from CBI Technologies. You acknowledge that sharing any such rights is strictly prohibited. Your right to use the Services and Software or access them belongs exclusively to you and cannot be transferred or assigned. You may not assign or transfer your account or any other user rights, except in cases of termination of employment or termination of the individual's relationship with the employer (whichever is applicable) or with the prior clear written permission from CBI Technologies.

  2. Service Orders
    1. Order Form.

      You may order Services using an order form approved and accepted by CBI Technologies (each, , an — "Order Form"). Any order for Services placed in accordance with an Order Form shall be subject to the terms of this Agreement. An Order Form may contain additional or different terms and information regarding the Services you are ordering, as approved and agreed upon by CBI Technologies. In the event of any conflict or inconsistency between this Agreement and any Order Form approved and agreed upon by CBI Technologies, the applicable Order Form shall prevail over this Agreement, but only to the extent necessary to resolve the specific conflict or inconsistency. CBI Technologies provides the Services specified in the Order Form and their standard updates, which we make generally available to similarly situated customers in the same geographic region, at no additional charge during the applicable Initial Subscription Term or then-current Renewal Term. CBI Technologies may, at its discretion: (i) discontinue the provision of Services; (ii) make changes to the features or functionalities of the Services or Software.

    2. Minimum Commitment.

      Throughout the applicable Initial Subscription Term or then-current Renewal Term, you will have access to the minimum quantity of Services specified in the Order Form. Any timely modifications made and available pursuant to the agreement for the Services specified in the Order Form shall only take effect upon the commencement of the subsequent Renewal Term, unless you request an increase in the quantity of Services that takes effect on the date specified in the applicable Order Form.

    3. Outstanding Balance; Late Payment.

      Without limiting our rights set forth in this Agreement, you acknowledge that CBI Technologies is not obligated to provide any new Services specified in the Order Form until the full amount of debt for the current Services has been paid in full.

  3. Payment Terms
    1. Payment.

      If any part of the Services incurs a fee, you agree to make payment in the specified currency. Unless stated otherwise, the fee for using the service does not include any applicable taxes and expenses related to currency exchange rates. You agree that CBI Technologies may charge your credit card, debit card, or use another approved payment method (hereinafter referred to as the — "Payment Method") to deduct all amounts due in connection with your use of the Services as specified in the applicable Order Form, or Services used or ordered by you or for you through the Services, including setup fees, one-time fees, ad hoc charges, overage fees, usage fees, subscription fees, periodic fees, or any other fees associated with the Services or your account (hereinafter referred to as "Payments"). Unless stated otherwise, all prices for paid Services include all applicable taxes. You are solely responsible for paying these taxes or any other expenses. You agree to promptly обupdate your Payment Method to ensure timely payment. Changes to your Payment will not affect Payments that CBI Technologies issues to your selected Payment Method before CBI Technologies can reasonably respond to your changes. Additionally, you authorize CBI Technologies to use any updated Payment Method information provided by your issuing bank or relevant payment network and charge your current primary Payment Method using the information of such Payment Method stored in our system, even if such Payment Method is declined. Furthermore, CBI Technologies reserves the right to use your backup Payment Method, if available. By adding a backup Payment Method, you authorize CBI Technologies to process any applicable Payments using your backup Payment Method if your primary Payment Method is declined.

    2. Invoicing.

      By providing CBI Technologies with payment method information, you (i) represent that you have the right to use the specified payment method and guarantee the accuracy and truthfulness of the provided payment information; (ii) authorize CBI Technologies to charge you for the use of the Services or available content in accordance with the specified payment method, and (iii) authorize CBI Technologies to charge you for paid product features that you have requested or used during the term of these Terms. We may invoice you: (a) in advance, (b) at the time of purchase, (c) immediately after purchase, or (d) on a regular basis for subscription-based Services. We also reserve the right to collect any agreed-upon amount from you, and we will you in advance of any changes to the amounts charged for recurring Services provided on a subscription basis. We may issue you a single invoice for several previous billing periods regarding unpaid amounts.

    3. Recurring Payments.

      When you access the Services on a subscription basis (e.g., monthly, quarterly, or annually), you agree to recurring payments. CBI Technologies will make payments using the selected method and the agreed frequency until the subscription to the Service is terminated by you or CBI Technologies. To stop billing for continued use of the Service, you must discontinue using the Service before the next billing date. By authorizing recurring payments, you grant CBI Technologies the right to process such payments as electronic withdrawals or transfers, or electronic debits from the account you provided (in the case of an Automated Clearing House or similar payment systems) or debit the funds from the account you provided (in the case of using a credit card or similar payment instruments) collectively referred to as "Electronic Payments."). Usually, Subscription invoices are issued before the start of the corresponding subscription period. If any payment is returned as incomplete or if a credit card transaction or similar transaction is declined or rejected, CBI Technologies or CBI Technologies' service providers reserve the right to charge a corresponding return fee, transaction decline fee, or insufficient funds fee and process such payment as an Electronic Payment.

    4. Compensation Policy.

      Unless otherwise required by law or the terms of a specific Service offering, all purchases are final and the corresponding amounts are non-refundable after 14 calendar days from the date of payment. Within a 14-day period, you may request a refund for the cost of paid services by contacting customer support in writing and providing a detailed description of the reason for canceling the service. If you believe that CBI Technologies has invoiced you in error, you must contact us within 90 days from the date of the invoice. Refunds will not be provided for invoices issued more than 90 days ago, unless required by law. We reserve the right to provide compensation or credits at our discretion, unless otherwise mandated by law. Please note that in accordance with the Consumer Protection Law of Taiwan (China) and Israel and related regulations, all purchases of digital content in intangible form and/or web services are final and non-refundable once the content or services have been provided over the internet. You do not have a right of withdrawal or refund.

    5. Advertising Rates and Discounts.

      The prices stated in the Order Form may include advertising rates, discounts, sales, or special offers that may be temporary and have an expiration date (i) as per the terms of the offer or (ii) after the commencement of the Renewal Term. The discount or promotional price may expire without further notice, unless otherwise specified in the Order Form or required by applicable law. CBI Technologies reserves the right to terminate, modify, or change the terms of promotions, discounts, sales, and special offers at its own discretion.

    6. Termination or Suspension for Non-Payment.

      Without limiting our rights as outlined in any other section of this Agreement, if any Payment remains unpaid for a period of 5 (five) calendar days after the due date, CBI Technologies may terminate, suspend, or disable your Services immediately and without prior notice.

    7. Payment-related Communications.

      You agree that CBI Technologies may communicate with you by email or other means to provide information related to your use of the Services, including payment-related communications, regardless of your subscription status for receiving marketing messages or notifications.

    8. Price Changes.

      We may change the cost of the Services at any time, and if you have purchased a Service on a recurring basis, we will notify you by email or another acceptable method at least 15 days before the price change takes effect. If you do not agree to such price changes, you must discontinue access to and use of the Services before the price changes come into effect. If a fixed term and price are specified in the Service offering, that price will be valid for the duration of the fixed term.

  4. Access and Use. Responsibility for Usage
    1. Access and Use; Software License.

      Pursuant to the terms of this Agreement, you may have access to and use the Services specified in each applicable Order Form during the Initial Subscription Term or the then-current Renewal Term. If accessing any portion of the Services or using them requires or allows you to download, use, or install CBI Technologies software (hereinafter referred to as "Software"), CBI Technologies grants you a limited, revocable, non-exclusive, non-transferable non-sublicensable, and free-of-charge license to use the Software in object code format on a compatible device solely for your internal use, solely for accessing the Services and using them during the applicable Initial Subscription Term or the then-current Renewal Term. You acknowledge and agree that your access to the Services and Software and their use under this section (and in accordance with other provisions of this Agreement) may be revoked at CBI Technologies' sole discretion.

    2. Use of Services; End User Responsibility.

      You are obligated to comply with all the terms of this Agreement and must ensure that your End Users comply with them. Use of the Services is invalid in cases where such use is prohibited. You are responsible for your access and the access of your End Users to the Services and Software, as well as their use by you and your End Users. You are responsible for the actions of all your End Users, including ensuring that all such End Users comply with the terms of this Agreement and all applicable CBI Technologies policies. You acknowledge that you are responsible for the actions or inaction of any third parties to whom you grant, provide, or otherwise allow access to the Services or Software, regardless of whether such access is explicitly authorized by CBI Technologies.

    3. Responsibility for Content and Data.

      Under no circumstances shall CBI Technologies be liable for any data or other content viewed during the use of the Services, including any errors or omissions in such data or other content or any loss or damage of any kind incurred as a result of using any data or other content or accessing or being denied access to them.

    4. Children and Accounts.

      By creating a CBI Technologies account and using the Services, you acknowledge and agree to be bound by these terms, and represent that you have reached the age of "majority" or the age of "legal responsibility" as established in your country of residence, or that your parent or legal guardian agrees to be bound by these Terms on your behalf. If you are unsure whether you have reached the age of majority or legal responsibility as established in your country of residence, or if you do not understand the contents of this section, seek assistance from your parent or legal guardian. If you are a parent or legal guardian of a minor, both you and the minor under your guardianship accept and agree to be bound by these Terms and are responsible for any use of the CBI Technologies account or Services, including purchases, whether the minor's account is currently open or will be created later.

    5. Account Closure.

      You may close your CBI Technologies account at any time and for any reason. After the closure of a CBI Technologies account (by you or us), several events will occur. Firstly, you immediately lose the right to use the CBI Technologies account to access the Services. Secondly, we will delete any Data or content associated with your CBI Technologies account. You should have a plan for regular backup as CBI Technologies will not be able to retrieve your content or Data after the account closure.

    6. Ownership.

      You acknowledge that, notwithstanding any contrary statements contained herein, the Services are provided to you on a subscription basis and that the Software and Documentation are provided to you under a limited license, and nothing therein is sold to you. You also acknowledge that you do not and will not acquire any ownership rights or other rights (title, ownership, use) with respect to the Services, Software, or Documentation, or any associated Intellectual Property Rights. Any copies of the Software remain the exclusive property of CBI Technologies. The Software may contain code that is licensed to you under third-party license agreements, including open-source software available or provided together with the Software. Without limiting the generality of the foregoing, CBI Technologies owns all rights (title, ownership, use) in all updates, enhancements, new releases, modifications, and changes to the Services or Software, including all ideas, architecture, algorithms, models, processes, methods, user interfaces, database architecture and structure, as well as know-how embodying the Services and Software. Under no circumstances shall you be deemed to have obtained, possess, or acquire any right to all or any portion of the Services, Software, or Documentation. This right exclusively belongs to CBI Technologies under all circumstances.

  5. Term. Termination and Suspension of Services..
    1. Term, Automatic Renewal.

      Each Order Form specifies your initial subscription Term and any applicable renewal Term for the Services. Unless otherwise expressly stated in your Order Form or prohibited by applicable law, each renewal Term for the Services automatically begins at the end of the then-current initial subscription Term or renewal Term, as applicable, unless either party provides written notice of termination or modification of the Services. To terminate or modify the applicable Services, you must notify CBI Technologies through customer support (if available to your account). Any rights you may have under applicable laws to terminate your Services earlier within the initial subscription Term or any provided renewal Term remain in effect under this provision, and if required by applicable law we will send you a reminder notice prior to the commencement of the renewal Term (and in accordance with the notice periods set forth in this Agreement or other such deadlines required by applicable law that may apply to you) reminding you of your right to terminate the applicable Services and the process to do so.

    2. Termination by the Customer.

      If you have subscribed to one or more Services for a specific term, the termination of each such Service takes effect on the last day of the then-current term for each applicable Service, provided that you provide proper and timely notice. You have the right to terminate this Agreement by providing written notice of termination if CBI Technologies has, committed a material breach of this Agreement and CBI Technologies has not cured such breach within 30 (thirty) business days after receiving your written notice of such breach. Your notice must specify the specific provision of this Agreement that you believe has been breached by CBI Technologies and provide sufficient details of the facts and circumstances that you believe constitute the basis for such breach.

    3. Suspension and CBI Technologies' Right to Terminate.

      Notwithstanding any contrary statements contained herein, if you fail to comply with any provision of this Agreement or any referenced policies, guidelines, notices, or statements, CBI Technologies may (i) immediately suspend your access to the Services or (ii) terminate this Agreement with immediate effect. If CBI Technologies decides to suspend your Services and the non-compliance continues, CBI Technologies may exercise any or all of its termination rights under this section Additionally, CBI Technologies may terminate this Agreement for any reason or no reason at all, with prior notice of 30 (thirty) business days.

    4. Consequences of Termination or Suspension.

      Upon termination of this Agreement for any reason, you must cease all further use of the Services and Software, except to the extent of any access rights provided in the “Customer Content Deletion and Access After Termination” section. The expiration or termination of this Agreement does not affect your obligation to pay all Payments due that may have accrued before such expiration or termination. Furthermore, in the event of termination of this Agreement, CBI Technologies may retain any Payments previously made by you, unless prohibited by applicable law. If your Services are suspended due to your non-compliance with this Agreement, you are responsible for all Payments due during the suspension period.

    5. Customer Content Deletion and Access After Termination.

      Within 30 (thirty) calendar days after the expiration or termination of this Agreement, CBI Technologies provides you access to retrieve your Customer Content, after which your Customer Content is deleted in accordance with applicable law, this Agreement, and our regularly applied deletion protocols, policies, and procedures. Any access during the period stated in this section is granted to you under this Agreement and is governed by it.

  6. Availability Period

    We strive to maintain the functionality of our Services; however, all web services are subject to occasional failures and downtime. CBI Technologies is not responsible for any failures or subsequent data loss. In the event of a failure, you may be unable to retrieve your content or data that you have stored We recommend regularly backing up your content and data.

  7. Code of Conduct
    1. By agreeing to these Terms, you agree to abide by the following rules when using the Services:
      1. Do not engage in any illegal activities.
      2. Do not engage in any actions that exploit or threaten harm to children.
      3. Do not engage in targeted harassment or encourage others to do so. Accounts found to be involved in such activities may be permanently blocked.
      4. Do not publicly display or use the Services to transmit or demonstrate inappropriate content or materials (including, for example, explicit images, bestiality, pornography, offensive language scenes of violence, or criminal activities) or your own content or materials that violate local laws.
      5. Do not engage in fraudulent, deceptive, or misleading actions (e.g., attempting to deceive others for financial gain, impersonating another person) or engage in defamatory or offensive behavior.
      6. Do not circumvent any access restrictions to the Services.
      7. Do not engage in actions that harm yourself, the product, or others (such as spreading viruses, stalking, publishing terrorist or extremist content, engaging in aggressive speech, or promoting violence against others).
      8. Do not engage in actions that violate the privacy rights or data protection rights of others.
      9. Do not assist others in violating these rules.
    2. Compliance with Laws.

      You are solely responsible for complying with all laws applicable to your access and the access of your end users to the Services and Software, as well as their use by you and your end users, including, among others, laws requiring you to provide proper notices to end users and obtain necessary consents from end users that may be required to grant CBI Technologies and authorized third parties access to and use of the customer content and its sharing. You must comply with all applicable laws in connection with your obligations under this Agreement, including regarding access to and use of the Services and Software, and ensure that all end users comply with them.

  8. System Requirements. Service Updates or Upgrades

    To use the Services and Software, you will need one or more compatible devices, internet access, and certain third-party software, and you may be required to periodically receive Software or third-party software updates, which may result in additional costs for you. As the use of the Services and Software involves the use of hardware, software, and internet access, your ability to access and use the Services and Software may depend on the functioning of the aforementioned. High-speed internet access is recommended. You are solely responsible for any fees that may apply to your access to the Services and Software and their use, including fees for hardware, software, internet access, or text messages. You agree that compliance with the requirements listed above is your responsibility and that CBI Technologies Technologies may, at its sole discretion, discontinue the availability of the Services or Software on a specific operating system, device, or platform, or their compatibility.

  9. Recordings

    As the Organizer, you are responsible for complying with all Laws governing the control or recording of conversations. The Organizer may decide to make a recording. By using the Services, you grant CBI Technologies the right to store recordings. If the recording feature is enabled, you will be notified (visually or otherwise). If you do not agree to being recorded, you may exit the recorded session.

  10. Client Content. Legitimacy.
    1. Your Content.

      Our product allows you to store your content. We do not claim ownership rights to your content. Your content remains your own, and you are responsible for it.

    2. Legitimacy.

      You acknowledge that you are of legal age to enter into this Agreement and use the Services and Software. You further confirm that you have full capacity and authority to accept and comply with the terms, provisions, obligations, affirmations, representations, and warranties set forth in this Agreement. If we become aware that you have not reached the legally required age to enter into this Agreement or lack the right to enter into this Agreement or use the Services and Software for any other reason, your access may be terminated without notice.

    3. Client Responsibilities, Confirmation, and Consent.

      You agree that you are solely responsible for the client content transmitted, uploaded, displayed, or transmitted during the use of the Services, as well as its accuracy and compliance with the requirements of all Laws related to client content, including Laws requiring consent for the use of client content from third parties and the provision of relevant notices regarding third-party rights. Under no circumstances shall CBI Technologies be liable for: (i) your client content transmitted or viewed when using the Services; (ii) errors or omissions in client content; (iii) any loss or damage of any kind incurred as a result of using client content, accessing it, or being denied access to it. CBI Technologies may remove any client content at any time without prior notice to you if CBI Technologies becomes aware that it violates any provisions of this Agreement or any applicable Laws. In the relationship between you and CBI Technologies, you retain all ownership rights in your client content, subject to any licenses and other rights granted herein and without limiting any intellectual property rights of CBI Technologies set forth in this document.

  11. Warranties

    YOU AGREE THAT THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS" AND THAT CBI TECHNOLOGIES, ITS AFFILIATES, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. CBI TECHNOLOGIES, ITS AFFILIATES, SUPPLIERS AND LICENSORS DO NOT WARRANT: (i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE; (ii) THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE; (iii) THAT THE SERVICES OR SOFTWARE WILL MEET ANY USER'S REQUIREMENTS, OR THE CONTINUOUS, TIMELY, SECURE, OR ERROR- -FREE OPERATION THEREOF. THE USE OF ANY MATERIALS OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED BY YOUR USE OF THE SERVICES OR SOFTWARE YOU ASSUME ALL RISKS ARISING FROM THE USE OR OPERATION OF THE SERVICES OR SOFTWARE. CBI TECHNOLOGIES SHALL NOT BE LIABLE FOR THE RETENTION OF ANY DATA, INCLUDING CLIENT CONTENT, CLIENT DATA, USER INFORMATION, OR DATA EXCHANGED BETWEEN USERS. THE USE OF THE SERVICES AND SOFTWARE IS ENTIRELY AT YOUR OWN RISK.

  12. Disclaimer of Liability

    To the extent permitted by applicable law, you agree to indemnify CBI Technologies and its affiliates, as well as each of our licensors and suppliers (collectively referred to as the "Released Parties"), including any officers, directors, employees, shareholders, members, consultants, and agents of the Released Parties, from and against any claims, suits, proceedings, liabilities, damages, or expenses of third parties (including reasonable attorney fees) arising out of or resulting from: (i) your or your End User's use of the Services or Software; (ii) your or your End User's breach of this Agreement or applicable Services or Software; (ii) your or your End User's breach of this Agreement or applicable laws; (iii) your or your End User's infringement of any intellectual property rights or other rights of any individual or entity; (iv) your relationship with your End User or any dispute between you and your End User; (v) any harm to the health or property of a third party in connection with your actions or omissions or the actions or omissions of your End User. To the extent permitted by applicable law, you also agree to release and hold harmless the Released Parties from any and all claims, suits, proceedings, liabilities, damages, or expenses arising out of or resulting from the same events described above. You acknowledge that the Released Parties shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use or inability to use the Services or Software. Your indemnification and release obligations as stated herein shall survive the termination or expiration of this Agreement

  13. Limitation of Liability
    1. If you have any grounds for seeking damages (including breach of these Terms), you agree that to the extent permitted by applicable law, your sole remedy shall be to recover from CBI Technologies or any affiliated entities, trading intermediaries, distributors, third-party application and service providers, and direct damages from manufacturers up to an amount equal to the fees paid for the use of the Services in the month in which the loss or breach occurred (or up to $10 USD if the Services are provided free of charge).

    2. CBI Technologies and its affiliated parties, licensors, and suppliers shall not be liable for any:

      1. Incidental, indirect, consequential, punitive damages, damages determined by special circumstances of the case, and damages awarded as punishment;
      2. Loss of business profits, interruption of business activity, loss of business information, and loss of business opportunities;
      3. Unauthorized access to system data, client content, or customer data, their loss, deletion, or alteration;
      4. Costs associated with acquiring substitute goods or services;
      5. Termination, suspension of operation, discontinuation of provision, or disconnection of services;
      6. Failure of your internet services, downtime, or maintenance;
      7. Inability for us to provide technical services or other support services;
      8. Aggregate damages for all claims arising out of or related to this Agreement, exceeding, the actual amount paid by you for the Services (if any) for the 12 (twelve) months prior to the events or circumstances giving rise to such claims.
    3. This exclusion of damages and limitation of liability apply to all claims, obligations, and liabilities arising out of or related to this Agreement, regardless of whether they arise from tort (including negligence or strict liability), breach of law, contract, or any other applicable legal theory, even if CBI Technologies, its affiliated parties, or our licensors or suppliers have been advised of the possibility of such damages and even if your remedies fail of their essential purpose.

      Since in certain states and jurisdictions, the exclusion of certain damages or limitations of liability may not be allowed by applicable law, the above limitation shall apply to you only to the extent that the exclusion of damages or limitations of liability are not prohibited by applicable law.

    4. CBI Technologies shall not be held liable for any non-performance or delay in performing its obligations under these Terms if such non-performance or delay is caused by circumstances beyond the reasonable control of CBI Technologies (such as labor disputes, force majeure, war or terrorist actions, malicious damage, accidents, or compliance with any applicable law or governmental order). CBI Technologies will strive to minimize the consequences of any such events and perform obligations not affected by them.

  14. Inadmissibility of use in high-risk conditions and safe usage

    THE SERVICES AND SOFTWARE ARE NOT INTENDED FOR USE IN HAZARDOUS CONDITIONS OR CONDITIONS WITH A HIGH LEVEL OF RISK REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING THE MANAGEMENT OF ATOMIC ENERGY FACILITIES, AVIATION NAVIGATION AND COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SERVICES OF ATOMIC ENERGY FACILITIES, AVIATION NAVIGATION AND COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SERVICES, LIFE SUPPORT SYSTEMS, OR WEAPONRY, AS WELL AS COMBAT OPERATIONS.

    YOU MUST NOT USE THE SERVICES AND SOFTWARE IN ANY HIGH-RISK ENVIRONMENT OR IN CONNECTION WITH IT.

    YOU ALSO AGREE NOT TO USE THE SERVICES OR SOFTWARE IN AN UNSAFE MANNER, INCLUDING WHILE DRIVING, WALKING, OR ENGAGING IN ANY OTHER ACTIVITY, WITHOUT FULLY ATTENDING TO THE RISKS TO YOURSELF, YOUR END USERS, OR OTHER INDIVIDUALS THAT MAY ARISE IN THE COURSE OF OR AS A RESULT OF SUCH ACTIONS.

  15. Making changes to this agreement
    1. General changes.

      From time to time, CBI Technologies may make changes and additions to this Agreement and remove the information contained herein ("Changes") in accordance with this section. Changes to the Terms of Service are posted here, and you should regularly check for the latest version and keep the most recent version of these documents in your files. When making Changes, CBI Technologies will indicate the effective date of the Changes at the top of the Terms of Service located here. Changes made to this Agreement do not create a new opportunity to opt out of arbitration (if applicable). If you continue to use the Services after the effective date of the Changes, you agree to the revised terms. In some cases, CBI Technologies may notify you of the Changes and may request your direct confirmation of acceptance of the Changes. If the Changes require specific notification in accordance with applicable laws CBI Technologies will send you such notification in the manner provided by applicable laws, along with any necessary notification of your rights.

    2. Other changes.

      You agree that CBI Technologies may make changes and additions to its guides, statements, policies, and notices, in similar guides, statements, policies, and notices applicable to your use of the Services, and remove the information contained therein, whether or not notifying you, by publishing an updated version on the relevant web page.

    3. Notification of changes.

      You are responsible for maintaining an up-to-date email address to receive any notifications that CBI Technologies may send you from time to time and for regularly reviewing this Agreement by reviewing these Terms of Service.

  16. Anonymous and aggregated data

    You agree that CBI Technologies may receive and aggregate technical and other data about your use of the Services and Software by you and your End Users in a de-identified or anonymized form ("Aggregated Anonymous Data"), and that CBI Technologies may use the Aggregated Anonymous Data in accordance with applicable laws, including for analysis, development, improvement, support, and operation of the Services and Software provided to you or other unrelated customers, during and after the term of this Agreement, including for creating industry benchmarks or best practice guides, recommendations, or similar reports.

  17. Intellectual Property Rights
    1. Feedback.

      If you or any of your employees, contractors, agents, or End Users provide, transmit, or otherwise make available any feedback, comments, suggestions, questions, or similar information regarding the Services or Software, including any ideas, know-how, concepts, improvements, recommendations, or other information relating to the Services or Software, including suggestions or recommendations for changes to the Services or Software, such as new features or functionalities related to them (collectively, "Feedback"), you acknowledge that: (i) CBI Technologies owns and retains ownership of all rights (ownership, control, use) to the Feedback, including all related Intellectual Property Rights; (ii) CBI Technologies may, but is not obligated to, use the Feedback, including all related Intellectual Property Rights, for any purpose, without acknowledging your authorship or the authorship of any third parties, providing you or any third parties with financial compensation or reimbursement. You hereby irrevocably and unconditionally assign and agree to cause your employees, contractors, agents, and End Users to irrevocably and unconditionally assign to CBI Technologies all rights (ownership, control use) in the Feedback, including all related Intellectual Property Rights. All Feedback is confidential information of CBI Technologies and shall be treated as such until CBI Technologies, at its sole discretion, decides to make any specific Feedback non-confidential.

    2. Ownership by CBI Technologies.

      CBI Technologies, its affiliates, licensors, and suppliers (as applicable) have and retain ownership rights to: (i) all Data generated by the services; (ii) all Feedback; (iii) the Services and Software, and any underlying or other technologies and intellectual property embodied or contained in the Services or Software, used to provide or support them or otherwise related to the Services or Software or provided in connection with them, including all related Intellectual Property Rights; (iv) all trade names, trademarks, service marks, trade dress, logos, icons, distinctive signage, symbols, interfaces, and other designs, domain names, corporate names, and the like (registered or unregistered) (collectively, "Mooz Marks"), associated with or displayed in connection with the Services or Software, as well as any business reputation associated with any of the aforementioned Mooz Marks (all collectively referred to as "CBI Technologies Property"). You are not permitted to capture screenshots or use screenshot capture technologies to include any Mooz Marks or other materials or information that are CBI Technologies property (including images, text, page layouts, or forms) without obtaining our explicit prior written consent. You may not use any meta tags or any other "hidden text" utilizing Mooz Marks without obtaining our explicit prior written consent. No rights to use the Mooz Marks are granted to you in this document.

    3. Reservation of Rights.

      CBI Technologies reserves all rights not expressly granted to you under this Agreement. Except for the limited rights and licenses expressly granted to you under this Agreement, nothing in this Agreement shall be deemed to directly or indirectly grant to you or any third party, by implication, estoppel, or otherwise, any Intellectual Property Rights or other rights (ownership, control, use) in relation to any CBI Technologies Property or other intellectual property provided in connection with this Agreement or the Software.

  18. Third-Party Intellectual Property Rights.

    You agree not to publish, modify, distribute, reproduce in any way, or permit End Users to perform any of the above actions in relation to any copyrighted materials, trademarks, or other proprietary materials, and not to allow End Users to perform any of the above actions in connection with their use of the Services or Software, if such actions may in any way infringe or unlawfully appropriate the Intellectual Property Rights of another person, without obtaining the prior written consent of the owner of the Intellectual Property Rights. You represent and warrant that you either are the author of all customer-provided Input Data submitted under this Agreement or have obtained and possess all necessary rights to provide such customer-provided Input Data and have obtained all customer-provided Content in the form provided by CBI Technologies in connection with your or your End Users' use of the Services or Software. CBI Technologies may prohibit access to the Services to any End User suspected of infringing the Intellectual Property Rights of another person and may remove any stored customer-provided Content upon receipt of a notice from the owner of the Intellectual Property Rights (e.g., a takedown request). Without limiting the foregoing, if you believe that any of your Intellectual Property Rights have been infringed in connection with the Services, please notify CBI Technologies.

  19. APPLE iOS Terms of Use.

    By accessing the Mooz application or downloading it from the Apple App Store, you agree to the Apple End User License Agreement for the licensed application (hereinafter referred to as the "Apple Terms"). В In the event of any inconsistencies with the Apple Terms, this Agreement shall prevail.

  20. Marketing

    You grant CBI Technologies permission and the right to: (i) identify you as a customer and use your logo in CBI Technologies' marketing materials (e.g., on the CBI Technologies website, in email communications, presentations, brochures); (ii) develop content based on your experience as a CBI Technologies customer (e.g., written or video customer success stories). Any content created under point (ii) of this section shall be developed in collaboration with you and used only with your written permission. CBI Technologies shall use any trademarks provided by you under point (i) of this section in accordance with any reasonable brand style guidelines you provide to us in writing prior to our use of such trademarks.

  21. Other Provisions.
    1. Assignment; Successors and Assigns.

      You may not assign your rights or transfer any of your obligations under this Agreement without obtaining our prior express written consent. Any attempted assignment or transfer in violation of this provision shall be null and void. We may assign our rights or transfer any or all of our obligations under this Agreement at any time without providing you with prior notice: (i) in the event of a merger, acquisition, or sale of all or substantially all of our assets; (ii) to our affiliates. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, as may be duly permitted.

    2. Notice.

      We may provide you with notice via email to the email address you provided in your account information. You are responsible for maintaining the accuracy of your registered email address. You agree that any notice sent to the then-current email address in our systems shall constitute proper and effective notice to you.

    3. Severability.

      If any provision of this Agreement is held to be invalid, illegal, or unenforceable, it shall not affect the validity, legality, or enforceability of the remaining provisions of this Agreement, and they shall remain in full force and effect. You and CBI Technologies intend that any invalid, illegal, or unenforceable provisions of this Agreement shall be construed in a manner that maximizes the original intent. If the interpretation of any invalid, illegal, or unenforceable provision is not possible, the invalid, illegal, or unenforceable provision shall be severed from this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect.

    4. Survival.

      All sections of this Agreement that by their nature should survive termination or expiration shall remain in effect, including sections related to confidential information, CBI Technologies' intellectual property rights, the licenses granted by you to CBI Technologies, payment obligations, disclaimers of warranties, indemnification, arbitration, and limitation of liability.

    5. Waiver of Rights.

      The failure of CBI Technologies to exercise any right or enforce any provision or condition under this Agreement shall not constitute a waiver of such right or provision, nor shall it affect the right to enforce such right or provision in the future. In order for any waiver of rights to be binding upon us, the waiver must be in writing and signed by an authorized representative of CBI Technologies with proper credentials.

  22. Terms

    The following definitions apply to this Agreement.

    "Customer Data" refers to the information provided by the customer to CBI Technologies for the purpose of fulfilling the terms of this Agreement and providing access to the Services.

    "End User" means the Organizer or Participant who uses the Services.

    "Initial Subscription Term" refers to the initial subscription period for the Service, as specified in the Order Form.

    "Intellectual Property Rights" means any copyrights, patents, trade secrets, know-how,, trademarks, service marks, trade names, rights to public performance, and other intellectual property rights.

    "Renewal Term" refers to the subscription renewal period for the Service, which begins after the expiration of the Initial Subscription Term or any other Renewal Term, as specified in the Order Form.

    "Mooz Web Application" refers to the Mooz Web Client accessible through the Mooz Website which allows you and End Users to join Conferences in a web browser without downloading plugins or software.

    "Mooz Website" refers to the website located at https://mooz.com , or any other similar website, that Mooz may maintain from time to time.