Terms of Use

A. Legal Agreement

1. Articoolo Ltd. ("us", "we" or "Articoolo") has developed unique technology (the "Platform") that enables you to create textual content (the "Article").

2. These Terms of Use ("Terms of Use") form a legal agreement between you (including, if applicable, any legal entity which you represent or act for) ("you") and Articoolo and sets forth the terms and conditions governing your access to, and use of the Platform and Articoolo’s services, features, content and anything otherwise offered from time to time by Articoolo in connection therewith (collectively, the "Services"). Please read these Terms of Use carefully before using the Platform or the Services. By using the Platform and/or the Services in any manner, you agree to be bound by these Terms of Use, as may be amended by us from time to time. If you do not agree to these Terms of Use, please refrain from using the Platform or the Services.

3. The Platform and Services are intended for use by persons and entities that are of legal capacity to create a binding legal agreement and who are not barred from receiving services under the laws of their jurisdiction ("Legal Capacity"). Accordingly, if you are not of Legal Capacity, you are not allowed to use the Platform and/or Services. Be aware that we are not and shall not be held liable for any breach of this requirement.

4. We reserve the right to change or discontinue the Platform and/or any of the Services at any time, without notice, for any reason or for no reason. We may also revise these terms of use without notice at any time at our sole discretion. You agree that your continued use of the Platform and/or Services following such modifications constitutes your acceptance of such modifications. Therefore, you must revisit these terms of use regularly to be updated of any modification made.

5. We reserve our right to refuse provision of the Platform and/or Services, to anyone, for any reason or for no reason.

6. Please make sure you read these Terms of Use along with our Privacy Policy (the "Privacy Policy"). Please read our Privacy Policy carefully before using the Platform or the Services.

7. All communications between you and us shall be by electronic means. You hereby agree to receive communications from us in an electronic form.

8. Subject to these Terms of Use, Articoolo grants you a personal, limited, non-exclusive, non-transferable, non-sublicenseable and revocable license to use the Platform solely for content creation. You may not use the Platform except as expressly set forth herein.

B. Creating an Account

1. You are required to create an Account in order to use the Services. You agree that all information provided by you is accurate, full, complete and up-to-date at all times. Your registration must be completed using your real name. Any registration is solely for you and you may only use one single Account. You may not use the accounts of others, or allow others to use your Account, and you are solely responsible for preventing such unauthorized use of your Account.

2. You agree that we rely on the "User ID" format to confirm whether users accessing and using our Platform and/or Services are authorized to do so. If another user accesses the Platform and/or Services using a User ID that was issued to you, we will rely on that User ID and will assume that you personally are accessing the Platform and/or Services (as applicable). You are solely responsible for any and all access and/or use of the Platform and/or Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.

3. We strongly recommend having a complex password, to be kept secured at all times. You are also encouraged to change your password regularly.

C. Using the Platform and Services

1. Please keep in mind that when you use the Platform and/or the Services, you may be able to gain access to information and materials created by third parties, including any data, text, information, graphics, photos, profiles, audio clips, videos and links (collectively, "Content"). Therefore, you agree not to create, post or use any Content in any manner which may infringe the copyright, trademark, trade secret, or other intellectual property or other proprietary right of others; violate the privacy, publicity, confidentially or other rights of third parties; be discriminatory, defamatory, obscene, threatening, abusive, sexually degrading or hateful, as determined by us in our sole discretion; or be false or inaccurate, as well as be unauthorized and/or illegal under any applicable law. We may, at our sole discretion, terminate accounts or remove Content from the Platform or Services if we determine or suspect that those accounts or Content violate these Terms of Use.

2. You may not use the Platform and/or Services to harass or intimidate any other users of the Platform and/or the Services.

3. You agree to be held solely responsible and solely liable for using the Services, including without limitation, for any Content presented in an Article.

4. You agree that information and opinions in Content created by third parties represent solely the thought of the author and are neither endorsed by us or reflect our beliefs. You acknowledge that you may be exposed to certain Content which may violate our policies or otherwise be offensive to you.

5. You agree that you use the Platform and Services at your own risk. While we prohibit any misuse of the Platform and Services, we take no responsibility for your exposure to Content on the Platform and/or the Services whether it violates our content policies, Terms of Use and Privacy Policy or not.

6. You may not transmit via the Platform and/or the Services any virus, worm, Trojan horse or any other potentially malicious code.

7. You may not crawl, scrape, or otherwise cache any Content from the Platform and/or the Services, without our prior written consent.

8. In using the Platform and/or the Services you agree not to violate any applicable laws in your jurisdiction (including but not limited to any copyright laws).

D. Intellectual Property, Confidentiality and Security

1. The Platform is licensed and not sold. We reserve all rights not expressly granted to you in these Terms of Use. No right, title or interests to the Platform and/or Services or any of Articoolo's Intellectual Property Rights (as defined below) are granted except as expressly set forth herein. We reserve the right to require you to install certain software updates or upgrades in order to continue using the Platform and/or Services.

2. Our Platform and Services may contain Content which belongs to us and/or to any third parties, ("Our Content"). We hereby grant you a personal, limited, non-exclusive, non-transferable, non-sublicenseable and revocable license to display Our Content (excluding any software code) solely for your personal use and in connection with using our Services, provided you fully meet these Terms of Use and subject to our sole discretion.

3. If you believe that your work has been used in a way that constitutes copyright infringement by users of the Platform or Services (in their capacity as such), please provide us all information pertaining thereto as soon as possible. We reserve the right, but not the obligation, to ask you for any further information as we deem appropriate.

E. Representation and Warranty

1. You hereby represent and warrant that: 1. You are at least eighteen (18) years of age; 2. You are eligible to register and use the Platform and/or Services and have the right, power, and ability to enter into and perform these Terms of Use; 3. All information in your Articoolo Account will be accurate and correct; 4. You will not use the Platform and/or Services and/or Articles in violation of any law, rule or regulation or provision of this Agreement. You have sole and exclusive responsibility for all aspects of your Articles; 5. The use of the Platform or Services by You does not result in a breach of contract between you and a third party;

F. The Platform and the Services

1. The Platform and the Services are provided "AS IS", without warranty of any kind, either express or implied. Without limiting the foregoing, we explicitly disclaim all warranties, express or implied, regarding the Platform and the Services, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non-infringement including without limitation to the Platform and/or the Services being free from defect or any virus, worm, Trojan horse or any other potentially malicious code. YOU HEREBY RELEASE US FROM ANY DAMAGES, CLAIMS OR OTHER CAUSE OF ACTION RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE PLATFORM AND/OR THE SERVICES AND/OR THE ARTICLES. WE MAKE NO WARRANTY THAT THE PLATFORM AND/OR THE SERVICES AND/OR THE ARTICLES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF THE PLATFORM AND/OR THE SERVICES AND/OR THE ARTICLES, OR TO THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THEREBY. THE ABOVE SHALL ALSO APPLY TO ANY INFORMATION YOU MAY RECEIVE FROM US OR THROUGH US AT ANY TIME, INCLUDING WITHOUT LIMITATION INCLUDED IN THE ARTICLES.

2. The Platform and Services, as well as your Article and/or Content, may become unavailable, in whole or in part, due to technical failure, maintenance and upgrade works, as well as upon our sole discretion or otherwise. We will not be held liable, under any circumstances, for the loss of any Content. You are strongly recommended to backup any of your own data and Content which you are entitled to backup.

3. The Platform and Article are based on open sources and third parties’ information and, in spite of Articoolo’s efforts and inspection of such information, it may be subject to its own terms of use with which you must comply.

4. You are solely and exclusively responsible for all your communications and interactions with us or with any person or entity with whom you may communicate, interact or engage as a result of your use of the Platform and/or the Services.

G. Limitation of Liability

1. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, WHETHER DIRECT, INDIRECT OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, AND INCLUDING FURTHER, DAMAGES WHICH MAY ARISE IN CONNECTION WITH THE USE OF THE PLATFORM, THE SERVICES, THE ARTICLES AND/OR THESE TERMS OF USE, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA, EMPLOYMENT OPPORTUNITIES, FROM BUSINESS INTERRUPTIONS, OR FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE PLATFORM, THE SERVICES AND/OR YOUR ARTICLE. WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY TRANSACTION OR ENGAGEMENT BETWEEN YOU AND ANY THIRD PARTY OR FOR ANY INFORMATION PROVIDED BY ANY THIRD PARTY. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION.

2. THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF USE IS TO DISCONTINUE USING THE PLATFORM AND SERVICES. IN THE EVENT THAT A COURT HAVING JURISDICTION SHALL DETERMINE THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS OF USE WILL NOT EXCEED ONE HUNDRED US DOLLARS (U.S. $100.00).

H. Termination

We reserve the right to suspend or terminate your Account and/or your access and use of the Platform and/or the Services, at our sole discretion, should you fail to meet the requirements set forth in these Terms of Use. If you wish to terminate your Account, you may do so by (i) notifying us at any time, or (ii) closing all your Accounts, where this option has been made available to you. The provisions of these Terms of Use shall survive any termination or expiration thereof, including without limitation, the warranty disclaimers, limitation of liability and indemnity provisions.

I. Refund

1. This refund policy is subject to the absolute discretion of Articoolo.

2. Unless provided otherwise in any applicable law, you have seven [7] calendar days to ask for a refund for an Article, from the date you received it. To be eligible for a refund, your Article must be unused and insufficient or damaged for use, a matter which will be determined by Articoolo with its sole discretion.

3. Once we receive your request for refund, we will inspect it and notify you with its status. If your request is approved, we will initiate a refund to your credit account in Articoolo website. Refunds will only be credited back to the account used to make the original purchase.

4. If you have any questions on how to ask for a refund please contact us at contact@articoolo.com.

J. Indemnity

You shall defend, indemnify, and hold harmless Articoolo, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including without limitation reasonable attorneys' fees, that arise from or relate to (i) your access, use or misuse of the Platform and/or the Services and/or Articles, or (ii) your violation of these Terms of Use or any applicable law, contract, policy, regulation or other obligation. Articoolo reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with Articoolo in connection therewith.

K. Feedback

1. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platform and Services ("Feedback"). You may submit Feedback by e-mail to contact@articoolo.com. You acknowledge and agree that all Feedback will be solely and exclusively our property and you hereby irrevocably assign to us all right, title, and interest that you may have in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.

L. General Terms

1. These Terms of Use do not create any partnership, employment, agency or other relationship not herein specifically and explicitly agreed. There are no third-party beneficiaries of these Terms of Use.

2. You may not assign your rights under these Terms of Use, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be null and void.

3. Should any part of these Terms of Use be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.

4. Failure by us to enforce any provision of these Terms of Use will not be considered a waiver of the right to enforce such provision. Our rights hereunder will survive any termination or expiration of these Terms of Use.

5. These Terms of Use will be governed by the laws of the State of Israel. You agree that the courts located in Tel Aviv-Yafo, Israel will have exclusive jurisdiction over any dispute between you and us. However, you agree that we may seek equitable relief in any jurisdiction when appropriate.

6. Unless a specific agreement is signed by you and us, these Terms of Use constitute the entire and only agreement between you and us, and supersede all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter hereof. In any case that a specific agreement is signed by you and us, its provisions shall supersede the provisions of these Terms of Use.