These Terms of Service, which we’ll refer to simply as the “Terms,” set out the rules by which you may use our Site. The Terms explain how our Services work and provide you with a list of the “dos and don’ts” when using them. These Terms are more than just rules, though – they form a legally binding contract between us and you that you accept when you use our Site and Services. Please read through this document carefully and make sure these Terms are acceptable to you. If you don’t agree to any of these Terms, do not continue using the Services. If you have any questions, please don’t hesitate to contact us at info@bloomx.ag
1.1 Key Terms
1.1.1 We are Bloomx Ltd., and we’ll refer to ourselves as “Company,” “us,” “our,” or “we.” Our offices are located at Derech HaPardes 31, Rishpon, Israel, and our registration number is 516078763.
1.1.2 When we use the term “you,” we mean anyone using our Services. When we refer to our “Site,” we mean our informational website, and when we refer to our “Services,” we mean any services available on the Site.
1.2 Privacy. When you use our Services, we collect Personal Data (as defined in the Privacy Notice) about you. Check out our Privacy Notice for details about the types of Personal Data we collect, what we do with it, the security measures we use to keep it safe, and the rights you have regarding your Personal Data.
1.3 Changes to these Terms. We may update these Terms from time to time and will post the updated version on this page with the date it was published. Please check this page occasionally to make sure you’re aware of the Terms that apply to you. If you continue to use our Services after we update the Terms, that means that you agree to and accept the updated version.
Subject to these Terms, Company allows you to use the Services on a non-exclusive basis for your personal or internal business purposes. The Site is an informational website that provides details about the Company’s services and offerings. It also allows visitors to contact the Company for further information or inquiries, to subscribe to the Company’s newsletter, and/or to apply for jobs with the Company.
3.1 You may not do, attempt to do, or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Services without our prior written authorization, including framing or mirroring any part of the Services; (2) copy, modify, or distribute the Services in any manner not permitted by these Terms; (3) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content (as defined below); (4) use the Site, Services, or Content thereon in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (5) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce the Content or circumvent the navigational structure or presentation of the Services in any other way; (6) remove, alter, or conceal any copyright, trademark, service mark, or other such notices incorporated in the Services; and (7) use the Site, Services, or Content in any manner not permitted by these Terms or applicable law.
3.2 You may not use our Services if doing so is unlawful. We will cooperate with any law enforcement authorities or court orders requesting that we disclose the identity, behavior, or User Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
4.1 Definitions. We may provide certain materials, such as images, diagrams, articles, posts, videos, and reports through the Services and may also allow you and other users to provide certain types of material, such as materials submitted via the ability to contact Company. “User Content” means materials you provide, and “Content” means any content available through the Services.
4.2 User Content Representations. You are and shall remain at all times fully and solely responsible for any User Content that you provide. You represent and warrant that any User Content that you provide (i) is complete, accurate, and up-to-date; (ii) complies with applicable law; (iii) does not infringe or violate any third-party intellectual property rights, privacy or publicity rights, or moral or other rights; and (iv) that you have all necessary rights, licenses, consents, and authorities required under applicable law to submit such User Content.
4.3 User Content Restrictions. Without limiting the foregoing, you agree that you will not transmit, submit, upload, or otherwise provide any User Content that (i) violates the legal rights of others; (ii) infringes the intellectual property, moral, publicity, privacy, or other rights of any third party; (iii) is (or you reasonably believe or should reasonably believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity; (iv) does not comply with all applicable laws, rules, and regulations; (v) contains material we reasonably determine to be offensive, including that which promotes hate, violence, or discrimination; (vi) constitutes harassment or a threat; (vii) contains obscene material; and/or (viii) contains any virus, worm, trojan horse, or other harmful or disruptive component.
By accepting these Terms, you represent that you are at least 18 years old and have the ability to form a binding contract. You also represent that your use of the Services will not violate any applicable law or any obligation you have to a third party.
6.1 Our Property. We retain all worldwide intellectual property rights, title, and interest in our Site and our Services, including their overall appearance and any text, graphics, designs, videos, interfaces, and underlying source files of the Services, any Content we provide, and our name, trademarks, and logos. In some cases, we have obtained the right to use certain elements from others as part of our Services, and in that case, those elements are owned by their respective owner(s). Even though we’re allowing you to use our Services, that doesn’t mean that we’re transferring ownership or any other rights to you or that we’re allowing you to use our name, any trademarks, logos, or similar property as your own.
6.2 Your Property. When you provide User Content through the Services, that content remains yours. By providing User Content, you do allow us to use it in connection with the Services, including copying, modifying, and preparing derivative works of it where necessary in order to provide the Services, as well as for analytics purposes and for improvement of the Services and/or other services provided by Company. If you provide us with any feedback regarding our Services, you agree that we may use it and/or share it freely.
7.1 All information and content posted on the Site is for informational purposes only and Company provides no guarantees with respect thereto. Your use of the Services is at your sole discretion and risk. The Services and any Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that the Services will be accurate or useful for your needs.
7.2 OTHER THAN THE WARRANTIES MADE EXPLICITLY IN THESE TERMS, WE DO NOT MAKE ANY ADDITIONAL WARRANTIES (IMPLIED, STATUTORY, OR OTHERWISE) ABOUT THE SITE, SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION THAT THE SERVICES WILL BE OF GOOD QUALITY, USEFUL FOR YOUR SPECIFIC NEEDS OR ANY PARTICULAR PURPOSE, ACCURATE, ERROR-FREE (OR THAT ERRORS WILL BE CORRECTED), RELIABLE, SECURE, COMPLETE, CURRENT, NON-INFRINGING, OR THAT THE SERVICES WILL BE PROVIDED IN A TIMELY MANNER.
7.3 We cannot control the functionality of services provided by third parties and assume no responsibility for any telephone or network line failure or interruption, or traffic congestion on the internet or on the Services themselves. We cannot control the actions of bad actors and do not guarantee that we will successfully prevent unauthorized access to or alteration of the Services.
7.4 Our Site may provide you with links to third-party sites, apps, platforms, and/or services, such as social media platforms. We make no promises regarding, and are not liable for, the content, goods, or services provided by such third parties, including any payments submitted through such links. We also cannot make any promises about, and are not liable for, another party’s data protection policies. When you click on any of these links, you do so at your own risk. Your engagement with any such third party is governed by the applicable third party’s terms of service and privacy notice. We urge you to exercise caution when using third-party services.
You agree to indemnify, defend, and hold harmless Company, its affiliates, and its/their respective directors, officers, employees, subcontractors, and agents from and against any claim, damage, or loss, including reasonable court costs, attorneys’ fees, and any fines that may be incurred, that arise directly or indirectly from your: (a) breach of these Terms,including any of your representations or warranties, whether by you or by anyone using your account or device, and whether or not that use was authorized by you; (b) use or misuse of the Services; (c) vi olation of any law or regulation, including breach of applicable data protection laws; and (d) infringement of any right of any third party.
9.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY (AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, OR SUBCONTRACTORS) SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 OUR MAXIMUM AND AGGREGATE LIABILITY UNDER THESE TERMS AND UNDER ANY CAUSE OF ACTION WILL NOT EXCEED A CUMULATIVE AMOUNT OF USD $50.
These Terms will take effect when you first use the Services and shall continue in full force and effect as long as you continue to use the Services. These Terms constitute the entire agreement between us and you regarding our Services, and any and all other agreements existing between us regarding the Services are hereby terminated. We may assign our rights and obligations in these Terms to any third party. You may not assign any of your rights or obligations in these Terms to anyone else, and any attempt to do so will be void. If either party waives any rights regarding any breach or default of these Terms, that waiver shall not be deemed to waive any other breach or default. The courts in the State of Israel shall have exclusive jurisdiction over any disputes regarding these Terms. The laws of the State of Israel shall govern these Terms without regard to the United Nations Convention on the International Sale of Goods. In the event that a court rules that a provision of these Terms is unenforceable, that provision shall be replaced with an enforceable provision which most closely achieves the effect of the original, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between us and you, and nothing in these Terms enables you to act on our behalf. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided when contacting us.
