We at Smart Medical Systems Ltd. (“Smart Medical“, “us“, “our“, or “we“), a company incorporated in the State of Israel with Company No. 513647982, make the content of this website (“Site“) available to you for information purposes. These Terms of Service (“Terms“) govern your access and use of our Site and the services available thereon, including without limitation, any informational materials, if and as available from time to time (“Services“). Our Privacy Notice, available at https://smartmedsys.com/privacy-policy (“Privacy Notice“) governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). “You” means an individual using the Services.

Please read these Terms carefully. By visiting our Site, you agree to be bound by these Terms, as they may be amended from time to time. Your continued use of the Site following any update shall be deemed acceptance of any such amended or updated terms. If you do not agree to the Terms, please do not use the Services and/or visit this Site.

1. Use of Services 

• Subject to these Terms, Smart Medical allows you to access and use the Site and Services on a non-exclusive basis. Smart Medical may, at its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice and shall not be liable for any modification or discontinuance of the Services. The Site, Services and any information provided thereon are intended for informational purposes and may not be used in connection with any commercial endeavors in any manner.

• Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) you are 18 years of age or older, and have the ability to form a binding contract; (b) your use of the Site and/or Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (c) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Site and/or Services. 

2. Content. Certain types of content may be made available through the Services. “Content” as used in these Terms means, collectively, any content on or made available through the Site and/or Services, including any images, photos, pictures, videos, reports, and any modifications or derivatives of the foregoing.

3. Use You may not do or 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 used to provide the Site or Services, including framing or mirroring any part of the Site or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (3) 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 or circumvent the navigational structure or presentation of the Site or Services; or (4) use the Site, Services or Content in any manner not permitted by these Terms.

4. Intellectual Property. Smart Medical or its licensors, as the case may be, have all right, title and interest in the Site, Services, and any Content, including the Site’s overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter, download, post, broadcast, transmit or otherwise use Content for any purpose. You may not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site and/or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or the Site should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Smart Medical or any third party.If you provide the Smart Medical with any feedback regarding any Content, Smart Medical may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

5. Disclaimers and Disclaimer of Warranty

• ALL INFORMATION AND CONTENT ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SMART MEDICAL PROVIDES NO GUARANTEES WITH RESPECT THERETO. Your use of the Site and/or Services is at your sole discretion and risk. The Site, Services, and Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that the Content will be of good quality or useful for your needs. No advice or information, whether oral or written, obtained by you from us, shall create any warranty. The information provided is not intended to serve as medical advice and should not be relied on for diagnosis or treatment of any health issue. If you choose to rely on such information, you do so solely at your own risk.

• WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE AND/OR SERVICES OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND/OR SERVICES; (II) THAT THE SITE OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED.

• Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

6. Limitation of Liability 

• In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction or unauthorized access to, or alteration of any Content or Services. We are not responsible for any problems or technical malfunction or failure of any telephone networks, computer systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the Internet.

• IN NO EVENT SHALL SMART MEDICAL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SMART MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED AN AMOUNT OF US$50.

7. You agree to indemnify, defend, and hold harmless Smart Medical, its affiliates, and their respective employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) Site or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder; (d) your infringement of any Smart Medical’s right, including but not limited to intellectual property rights and/or any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law.

8. These Terms shall be governed solely by the laws of the State of Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, 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 you and Smart Medical or enables you to act on behalf of Smart Medical. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.

Last updated: February 2020