Terms and Conditions
Last updated: June 6, 2021
Welcome to Arctica.ai (the "Platform") operated by Vision.bi. Ltd. (the "Company").
The Platform is a product which analyzes users' expenses and usability based on the Snowflake Cloud Service (“Snowflake”).
The use of the Platform shall be subject to the terms set forth below:
The Platform is for use by any customer or user who chooses to access the Platform for their personal use (“Customer” or “User” or “You”).
These Terms and Conditions (the “Terms”) specify the Platform features, as well as the terms that will apply between the Company and any legal entity, person, corporation, or body that uses the Platform, or any information or service, of any kind, contained in the Platform or obtained thereby, via any device, interface or means that allow such use.
Terms written in the singular shall be interpreted to include the plural form, and vice versa.
Your use of the Platform shall be deemed to constitute your acceptance of the Terms stated herein. By using the Platform, you declare and approve that you have meticulously read these Terms, and that you acknowledge and agree to them. If you do not accept these Terms, or any part thereof, or you do not wish to provide us, directly or indirectly, with any information, then please do not use the Platform.
We reserve the right to update these Terms and/or terminate or make a change in the operation of the Platform, from time-to-time, in our sole discretion shall notify Customer of such changes. The continued use of the Platform, following any change to these Terms, constitutes the complete and irrevocable acceptance of any such changes.
2. User Data
Company will gain access, through the Platform, to or process your records, data, files, materials, reports stored on Snowflake, for the operation of the Platform. No further consent, notice or compensation to you or to any other person shall be required for the use of such information in accordance with these Terms. The Platform does not use and/or process any de identified personal information.
3. Use of the Platform
A User shall not misuse, copy, modify, create derivative works of, reverse engineer, adapt, emulate, translate, compile, decompile or disassemble the Platform or the services or content contained therein (or any part thereof), nor permit others to do so. A User will not use, nor permit others to use, in any manner or form, the content of the Platform, for any purpose that is not personal use, unless the Company provides its advance written consent, and subject to the terms of such consent (to the extent given), and will not display such content in any way, including in a way that changes or disrupts any content, especially not for advertising, marketing or commercial use of any kind.
No use of the Platform shall be made (whether by yourself, or by someone else on your behalf):
which is illegal and/or in violation of any law, regulation and/or statutory provision, including use which constitutes or may constitute an infringement of privacy, copyright infringement, unjust enrichment, or any other unlawful use;
which is unreasonable in relation to the purposes for which the Platform is intended;
which is intended to damage or disrupt the operation of the Platform;
which is intended to transmit or otherwise make accessible any virus, worm, Trojan horse, bug, spyware, malware, or any other computer code, file, application or software that may damage, interrupt or interfere with the Platform; or
in violation of any of the provisions of these Terms.
Any activity contrary to the foregoing provisions will constitute a material breach of these Terms, and may result in the referral of the matter to the officials authorized by law to handle such violations, and the commencement of legal proceedings.
Please be aware that you will be liable to indemnify the Company if you cause any harm or expense to the Company due to any claim or suit in connection with your use of the Platform, your violation of these Terms, or your violation of any law or third-party rights.
4. Intellectual Property
The Platform, its content and the services offered thereby, and any work product resulting from the use of information permitted under these Terms, and all intellectual property rights relating thereto, including copyrights, moral rights and trademarks (collectively, "Intellectual Property") are owned or licensed by the Company and are protected by intellectual property law. You may not copy, disseminate, modify, or create derivative works from any content subject to the Intellectual Property rights of the Company, in any manner or by any means, except as expressly permitted by these Terms or by applicable law. No provision of these Terms constitutes a waiver of the Company's Intellectual Property rights under any law.
The Company grants you a limited, non-exclusive, and non-assignable right to use the Platform on an individual basis only, subject to and in accordance with these Terms. No right or license is granted to you by implication or otherwise, except those rights expressly granted to you in these Terms.
If you choose to give the Company any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for the Company’s products or services (collectively, “Feedback”), you acknowledge and agree that the Company will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate any Feedback into the Company’s products, services, and documentation.
5. Disclaimer; Limitation of Liability.
You are solely and fully liable for your use of the Platform. The use of the Platform including the services and the content contained therein are provided on an "AS IS" and “AS AVAILABLE” basis, without any obligation or warranty of any kind by the Company whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement, including no obligation or warranty that the Platform will perform error-free or uninterrupted or that its use will not cause you or your property any harm or that any information contained in the Platform or any report, notice or other output thereof is accurate, reliable or correct. You shall have no claim, suit or demand against the Company relating to the Platform, its characteristics, services, content, capabilities, limitations, or suitability to the individual needs of different Users.
These Terms give you specific legal rights, and you may also have other rights according to applicable law. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law.
Neither the Company, nor any other entity on its behalf, shall be liable for any exposure or publication of information gathered or maintained by the Platform to any other party due to any malfunction or defect in the Platform, except where such exposure or publication is prohibited by applicable law or in the event of gross negligence or intentional wrongful misconduct on the part of the Company or any of its employees.
The Company shall not be liable for any damage, loss, or expense of any kind, or for any disruption of information, that may be caused to the User as a result of the risks associated with a computerized system and communication systems, including malfunctions that cause temporary interruptions or disruptions in availability of the Platform or in the information or the data contained therein.
Subject to applicable law, the Company shall not be liable for any damage or loss, including direct, indirect, punitive, incidental, special or consequential damages, or any other loss of any kind, including loss of use, loss of data or loss of profits, destruction, failure to secure or prevent theft of information, the existence of viruses, spyware, loss of income, penalties, losses or expenses, incurred as a result of: (a) use of the Platform; (b) the inability to use the Platform or the services contained therein including warnings and/or incomplete information and/or unalerted notifications regarding potentially-malicious websites and services; or (c) any display or publication of content appearing on the Platform. In the event that exclusion or limitation of liability in respect of certain damages is not permitted by law, the Company's liability shall be limited to the maximum extent permitted by applicable law.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damage.
6. Update and Upgrade
The Company reserves the right to execute updates and upgrades, at its sole discretion, including those that may apply automatically and/or immediately, in order to comply with the requirements of applicable law, to safeguard the security of the information gathered, produced or maintained by the Platform, to improve the operation of the Platform, or otherwise. The provisions set out in these Terms will also apply to any update or upgrade that there may be.
The Company reserves the right to terminate, disable or modify the operation of or access to the Platform for any reason whatsoever, including in the event that the Company determines or has reasonable cause to suspect that a User has violated any provisions set out in these Terms. User may terminate its use of the Platform and its engagement with the Company for any reason whatsoever, upon a prior written notice to the Company. In addition, in the event that the engagement between the Company and User will terminate, then User’s use of the Platform will not be allowed, and User shall be required to uninstall any portion of the Platform, return all documentation and Proprietary Information in User’s possession to the Company and confirm to the Company in writing of such deletion and uninstallation.
8. Technical Support
In the event of any malfunction or question related to the use of the Platform or these Terms, please contact the Company. The Company shall make reasonable efforts to resolve any faults, but nothing in the foregoing shall constitute a representation or guarantee regarding the period within which a fault will be resolved or whether the fault will be resolved by the Company or a third party at all. The Company does not make any guarantee in respect of level of service, repair of faults or technical support other than as expressly stated in this Section 9.
9. Governing Law
These Terms and the relationship between the Company and User shall be governed by and construed in accordance with the laws of the State of Israel, excluding its conflicts of laws. The Company and User agree that they will make a good faith attempt to resolve any dispute arising under these Terms before instituting legal action. Except as otherwise provided in this Section 10, any dispute relating to these Terms shall be resolved exclusively in competent courts located in the Tel-Aviv – Yafo District.
Delay or failure to perform any act that the Company may perform under these Terms or by law or in the use or enforcement of any right acquired by the Company under these Terms or by law shall not be considered to be a waiver or estoppel of such right. A waiver granted by the Company as to the existence of, or failure to enforce, any right shall not be deemed to be a waiver, failure, estoppel or extension of any other right or in any other circumstances.
In the event that any obligation or provision of these Terms is declared null and void or unenforceable, such provision shall be limited in its scope to the extent necessary to make it enforceable in accordance with law, and such determination shall not affect the validity or enforceability of any other provision hereof.