MOBITTI LTD.

TERMS OF USE

Last updated: February 2, 2024

1.              GENERAL TERMS

1.1.             Welcome to our website, available at mobitti.com or any other address as may be available from time to time (the “Website”), which is owned, operated, and managed by Mobitti Ltd. (“Mobitti”, “our”, “us” or “we”).

1.2.             The Use of the Website is subject to these terms and conditions herein (as may be amended and/or updated from time to time) (the “Terms”). The Terms and our Website privacy policy available at mobitti.com (the “Privacy Policy”) constitute the legal basis for any communication you may have with us in connection with the Website. Please read the Terms carefully before using the Website. By using the Website in any manner, you confirm that you read, understood, accept, and agree to be bound by the Terms and the Privacy Policy without limitations. If you do not agree to the Terms and the Privacy Policy, whether in whole or in part, you may not Use the Website.

1.3.             This document does not apply to our proprietary applications which have their own Terms of Use.

2.              DEFINITIONS

For the purpose of these Terms, the following terms shall have the respective meanings set forth beside them:

2.1.             “Content” shall mean any information of any kind incorporated in the Website, including, but not limited to, texts, verbal and visual content, articles, publications, legal updates, design, graphic language, videos, materials, data, photos, pictures, drawings, sound files, graphic files, links, computer code, application, and any other information displayed or presented on the Website, whether owned by Mobitti or by a third party that granted Mobitti with a right to use it in the Website.

2.2.             “Use” shall mean any accessing and/or viewing and/or visiting and/or browsing the Website for any purpose.

2.3.             “User”, “you” or “your” (including any alterations thereof) shall mean any person or entity that Uses the Website for any purposes, using a computer and/or any other device, including cellular device and/or by any other means of communications.

3.              SCOPE OF LICENSE, LIMITATIONS OF USE

3.1.             The Website provides general information about us, and may include our practice areas, recent news & publications, customer reviews, special projects we are involved in, and information on our management team. We hereby grant you a worldwide, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to Use the Website, solely for internal, legal, and legitimate purposes. You may not Use the Website for any other purpose.

3.2.             Without derogating from the generality of the above, You shall not: (a) modify, alter, reproduce, copy, rent, lease, loan, sell, publicly display, perform, distribute or otherwise Use the Website and/or the Content for any purpose whatsoever, other than as set forth herein, or as explicitly agreed by us in writing; (b) create derivative work based (whether in whole or in part) on any Content that is available on or through the Website; (c) crawl, decompile, reserve engineer, disassemble and/or otherwise attempt to reveal and/or derive the source code of the Website (including without limitation to any algorithm); (d) send and/or upload any “spam” or otherwise duplicative or unsolicited messages in violation of applicable laws; (e) send and/or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material harmful to children or violating third party rights; (f) send and/or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (g) interfere with or disrupt the integrity or performance of the Website or the Content contained therein; (h) attempt to gain unauthorized access to the Website or its related systems or networks; (i) create any link or deep linking and/or references to the Website from other sites; (j) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Website, or perform any other action in the Website or any part thereof in violation of the Terms and/or that may cause any damage to Mobitti.

3.3.             Without derogating from any other right granted to Mobitti in accordance with applicable law and/or these Terms, any User acting in violation of the Terms will be denied access to the Website.

4.              OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

4.1.             In the relationship between you and Mobitti, the Website (including any Content incorporated therein) is owned by Mobitti and is protected by copyright and other intellectual property laws and treaties. We (and our customers and/or licensors) own any and all rights, titles, and interest in and to the Website (and any Content therein), including all copyright and other intellectual property rights in the Website, and the limited license granted herein (as set forth in Section ‎3.1 above) does not provide you with any title or ownership rights in or to the Website and/or in any Content.

4.2.             You acknowledge and agree that any Content presented to you on or through the Website is and shall remain the property of Mobitti (and/or its customers and/or licensors and/or suppliers), and is or may be protected by copyright, trademark, patent and/or other proprietary rights law.

5.              NO WARRANTY AND DISCLAIMERS

5.1.              THE WEBSITE AND THE CONTENT CONTAINED THEREIN IS PROVIDED AND MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, FOR GENERAL KNOWLEDGE, AND FOR NON-COMMERCIAL USE ONLY, WITHOUT ANY WARRANTY, REPRESENTATION, OR UNDERTAKING (WHETHER EXPRESSED OR IMPLIED) OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR USER’S INTENDED PURPOSES OR NON-INFRINGEMENT. THE WEBSITE, INCLUDING ANY CONTENT DISPLAYED ON THE WEBSITE DOES NOT CONSTITUTE AND SHOULD BE CONSIDERED AS AN OFFER FOR, OR AN INVITATION BY OR ON BEHALF OF MOBITTI TO PROVIDE ANY SERVICE, NOR DOES IT CONSTITUTE ADVICE ON ANY SUBJECT MATTER, EITHER DIRECTLY OR INDIRECTLY.

5.2.              MOBITTI EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED ON THE CONTENT OF THIS WEBSITE AND/OR REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS OR RELIABILITY OF THE CONTENT CONTAINED ON THIS WEBSITE, OR THAT THE CONTENT REFLECTS UP-TO-DATE INFORMATION OF ANY KIND, OR THAT IT IS ERROR-FREE. MOBITTI DOES NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE AND/OR UNINTERRUPTED AND/OR THAT IT WILL WORK IN FULL OPERATING CONDITION.

6.              LIMITATION OF LIABILITY

To the maximum extent applicable by law, and notwithstanding any other provisions of any law or agreement, in no event will Mobitti (and/or its employees, partners, associates, and/or representatives) be liable for any damage (including but not limited to direct, indirect or consequential damages, lost profits, lost data or business interruption, damage to goodwill, etc.) arising out of the Use and/or inability to Use and/or the results of Use of the Website, Content contained on the Website (including, without limitation, reliance on such Content) or on any site linked to the Website (if any), and/or resulting from exposure to computer viruses or other malware, whatever the grounds of claim or cause of damage, whether based on contract, tort or otherwise. The sole and exclusive relief available to You in any such event(s) is to leave the Website.  

7.              THIRD-PARTY LINKS

The Website may, as a convenience to you, include or suggest links or references to third-party websites. If you use these links/references, you will leave the Website. It is hereby clarified that the linking of third-party websites to this Website does not indicate any association with or endorsement by us; Mobitti does not guarantee that such references or links will lead to active websites, it does not review or control such third-party websites and it is not responsible for them or their content. Accordingly, Mobitti does not make any representation or warranty regarding these websites or regarding any information, software, products, or materials contained on them or any result that could arise from using them. You are solely responsible for any decision to access a third-party website that is linked to the Website. When using links, you must read and comply with the terms of use and all other conditions and instructions on the linked website. Mobitti reserves the right to remove and/or block links to third-party websites through technological or other means, without prior written notice.

8.              TRADEMARKS

The names of companies and/or customers mentioned on the Website (if any) are trademarks or commercial logos of their respective owners. The Use of the Website does not confer on you rights in trademarks of Mobitti and/or any third parties mentioned in the Website.

9.              MISCELLANEOUS

9.1.             If any of the terms herein are determined to be illegal, invalid, or otherwise enforceable by reason of law, then to the extent and within the jurisdiction in which the term is illegal, invalid, or unenforceable, it shall be severed and deleted from the Terms, and the remaining terms shall survive, remain in full force and effect, and continue to be binding and enforceable.

9.2.             You will defend, indemnify, and hold Mobitti (including its customers, partners, and employees) from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation, reasonable attorney’s fees) incurred by Mobitti (including its customers, partners, and employees) due to your breach of these Terms.

9.3.             The Terms shall be governed by and construed in accordance with the laws of the State of Israel, excluding its choice of law principals. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Tel-Aviv, Israel.

9.4.             These Terms and the Privacy Policy form the entire agreement between Mobitti and you regarding your Use of the Website. Mobitti reserves the right to alter and/or amend the Terms from time to time without advance notice by posting revised Terms on this page and the effective date of the change will be the date on the top of the Terms. Further, Mobitti reserves the right to change the graphics of the Website, add or remove any Content, and also temporarily suspend or permanently stop the activity of the Website at any time, without advance notice.

9.5.             If you have any questions regarding the Terms, please contact us at info@mobitti.com

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