Website Terms of Use

LAST UPDATED: March 2024

Welcome to the K2view website (the “Site”). Through the Site, you have access to a variety of resources and content, including, without limitation (a) K2view software and software as a service offerings (collectively, “Software”); (b) web pages, data, messages, text, images, photographs, graphics, audio and video (such as podcasts and webcasts) and documents, such as press releases and product data sheets (“Materials”); and (c) functions to submit questions and other services to our customers (“User Services” and, together with Software and Materials, collectively, “Content”).

The following terms and conditions, together with any documents incorporated by reference herein (these “Terms of Use”) are a legal agreement between you and K2view Ltd. and its affiliates (collectively, “K2view”, “we”, “our” or “us”) that governs your access to and use of the Site and the Content. References to “you” and “your” mean any person or legal entity that visits, accesses, or uses the Site and the Content or registers for a User Account (defined in Section 2 below).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE AND THE CONTENT, REGISTERING FOR AN ACCOUNT, AND/OR CLICKING “I AGREE,” YOU (THE INDIVIDUAL CLICKING “I AGREE”) REPRESENT THAT YOU ARE AUTHORIZED TO BIND YOURSELF AND THE ENTITY LISTED IN THE ACCOUNT REGISTRATION (“Your Member Company”) AND THAT YOU AND THAT ENTITY AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT https://k2view.com/privacy-policy (our “Privacy Policy”) AND INCORPORATED IN THESE TERMS OF USE BY REFERENCE.

IF YOU ARE NOT AUTHORIZED OR DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, DO NOT ACCESS OR USE THE SITE AND THE CONTENT, REGISTER FOR AN ACCOUNT, OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN CIRCUMSTANCES TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. 

1. Eligibility

You represent that you are at least 18 years of age or the age of legal maturity in your jurisdiction, whichever is higher. If you are under such age, you may not use or access the Site. If K2view discovers or has any reason to suspect that you are not at the age of legal maturity, K2view reserves the right to suspend or terminate your access to the Site and the Content immediately and without notice.

2. Account Registration

 

In order to access certain Content, you may be required to register for a user account (each, a “User Account”). If you register or apply for a User Account, you must provide K2view with current, complete, and accurate information in connection with your registration and at all times thereafter when using the User Account. All log-in information must be kept confidential and you shall not authorize any third party to use such log-in information or your User Account. You must notify K2view immediately if you suspect any unauthorized use of your User Account or any other breach of security. Depending on your membership status and other criteria (including without limitation that of Your Member Company), your User Account may not have full access to all Content features. You agree not to attempt to access any restricted Content.

3. Terms Applicable to Specific Content and Areas of the Site

Some areas of the Site or Content provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or Content. If there is a conflict or inconsistency between these Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Site or Content.

Without limiting the generality of the foregoing, to the extent you utilize the K2View Studio:

• Your review and use of any white papers or other informational Materials provided on the Site shall be subject to any corresponding copyrights and other use rights or prohibitions associated therewith.

• All third-party applications and other solutions you access via the K2View Studio shall be subject to their respective Third Party Terms (as defined below). For further information, please see Section 10 below “Third Party Websites, Products and Services.” 

4. Use of Software

Use of the Software is subject to all agreements, such as a license agreement or services agreement, that accompanies or is included with the Software, ordering documents, exhibits and other terms and conditions that apply (“License Terms”). In the event that any version of the Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, K2view grants to you, conditioned on your full compliance with these Terms, a revocable, worldwide, royalty-free, personal, non-transferable, non-exclusive copyright license to view, access, and use the Software solely for your personal, informational, and non-commercial purposes. All free trials of our proprietary products made available via this Site, which allow you to access a version of our Software, shall be subject to the terms and conditions of our trial agreement (as then in effect and as may be modified from time to time) which you will be required to agree to prior to accessing such Software and the commencement  of the free trial period. The latest version of the Trial Agreement is accessible here https://www.k2view.com/free-trial-agreement

5. Use of User Services

User Services are provided as a convenience to users and K2view is not obligated to provide any technical support for users of the Site beyond what may be contracted for in a separate agreement between Your Member Company and us. While User Services may include information regarding K2view products and services, they are not an official customer support channel for K2view.

You may use User Services subject to the following: (a) User Services may be used solely for your personal, informational and non-commercial purposes; (b) Content provided on or through User Services may not be redistributed or used in violation of, or with the purpose to violate, these Terms of Use; and (c) personal data about other users may not be stored or collected except where expressly authorized by K2view.

6. No Unlawful or Prohibited Use

You agree not to use the Site, any Content provided on or through the Site or any User Services: (i) in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity or to otherwise violate any laws in your jurisdiction (including but not limited to copyright laws); (ii) in any way that causes, or may cause, damage to the Site or Content or impairment of the availability or accessibility of the Site or Content; (iii) to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (iv) to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site or Content without our express written consent; (v) to take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us in our sole discretion, or to bypass any measures we may use to prevent or restrict access to the Site; (vi) to interfere with or violate any other Site user’s rights to privacy and other rights; (vii) for any purposes related to publicity or marketing without our express written consent; (viii) to falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that K2view endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; or (ix) for any purposes that are otherwise prohibited or restricted by (x) these Terms of Use, or (y) rules, guidelines, or other terms of use posted for a specific area of the Site or Content provided on or through the Site. Other conduct prohibited with respect to your use of the Site or the Content:

• republishing Materials (including republication on another website);
• selling, renting or sub-licensing Materials;
• reproducing, duplicating, copying or otherwise exploiting Materials for a commercial purpose; and/or
• editing or otherwise modifying any Materials on the website. 

7. Intellectual Property Rights

As used herein, “Intellectual Property Rights” means patents of any type, design rights or similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other tangible property rights, including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not registered or capable of being registered, now existing or hereafter filed, issues or acquired.

All Intellectual Property Rights related to the Site and the Content are owned by K2view, its licensors or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. For the avoidance of doubt, (i) no right, title, or interest in or to the Site or any Content is transferred to you, (ii) all rights not expressly granted are reserved by K2view, and (iii) nothing in these Terms of Use shall be deemed to give you the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, recreate derivative works from, transfer or sell the Site and/or any Content for any reason, unless otherwise expressly permitted by these Terms of Use or by law.

To the extent you provide any feedbacks, comments or suggestions to K2view (“Feedback”), K2view shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of K2view’s current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require K2view to comply with any additional obligations with respect to any K2view current or future products, technologies or services that incorporate any Feedback. 

8. Information Submitted through the Site

Your submission of information, including registration information, to or through the Site is governed by our Privacy Policy. In addition, any information you submit to or through the Site, including registration information, may be collected in, transferred and stored in countries where K2view operates, including without limitation the United States, Israel and the European Union.

9. Confidential information

You agree that any non-public Content received by you from K2view is proprietary information belonging to K2view and its licensors (collectively, “Confidential Information”). Except as expressly and unambiguously allowed by the License Terms or in these Terms of Use, you will hold in confidence and not use or disclose any Confidential Information and will similarly bind your employees and relevant third parties in writing. If you are required to disclose Confidential Information by law, court order, or government agency, you will: (i) assert its confidential nature, (ii) give K2view prompt notice of such requirement to disclose; and (iii) cooperate fully with K2view in protecting against such disclosure. You agree that the provisions of these Terms of Use regarding unauthorized use and nondisclosure of the Confidential Information are necessary to protect the legitimate business interest of K2view and its licensors and that monetary damage alone cannot adequately compensate K2view or its licensors if such provisions are violated and so K2view will have the right to injunctive relief in addition to all other remedies at law or in equity.

10. Third Party Websites, Products and Services

The Site and the Content may contain links or references to third party websites (“Linked Sites”). K2view does not endorse or sponsor any Linked Sites or the information, products or services contained on any Linked Sites. K2view has no control over Linked Sites or their content, which are governed by their own terms of use and privacy policies.

The Site may enable you to access and use services or tools provided by third parties (“Third Party Services”), including without limitation, the K2View Studio. You may be able to log into the Third Party Services with your Account or you may need to obtain and use separate credentials provided by the Third Party Services provider. You agree that you may only use Third Party Services made available by us in connection with your use of the Site and our Software, and that your use will be subject to these Terms of Use, any Third Party Service-specific terms, and any terms and policies of the Third Party Service provider, including those regarding collection, use, and sharing of data (collectively, “Third Party Terms”). K2view may suspend or terminate your access to Third Party Services at any time without notice to you. In addition, you may need to use or obtain additional products or services in order to use the Site or the Content, such as internet access, a device, or a data connection and those products and services may require additional fees which you will pay. K2view does not endorse or sponsor any third-party products or services and does not have control over such products or services. Unless expressly stated otherwise in writing, K2view makes available the Third Party Services “as is” and “as available”, and accordingly, K2View is not responsible for any liability, malfunction or error attributable to your use of any Third Party Services, all of which shall be at your own risk.

We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by K2view, and does not portray K2view in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to K2view’s Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.

11. Monitoring

 

K2view has no obligation to monitor the Site and use of the Content; provided, that, K2view reserves the right to review the Site and to monitor all use of and activity on the Site and to remove or choose not to make available on or through the Site any Content in its sole discretion.

12. Disclaimer of Representations and Warranties

While K2view tries to maintain the integrity and security of the Site and the Content, it does not guaranty that the Site or any Content is or will remain updated, complete, correct or secure, or that access to the Site or any Content will be uninterrupted. The Site and the Content may include inaccuracies, errors and materials that violate or conflict with these Terms of Use.

13. Termination

You may terminate your Account or use of the Site and Content at any time. K2view reserves the right to terminate your Account and/or suspend or terminate use of the Site and Content at any time with or without prior notice. Upon any such termination, your rights to use Third Party Services shall also terminate. Immediately upon any such termination or suspension, your right to use the Site and the Content or any portion thereof will permanently or temporarily cease (as applicable). All Sections of these Terms of Use which by their nature are intended to survive termination shall so survive. 

14. Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF ALL K2VIEW AFFILIATED PARTIES, ARISING OUT OF OR RELATED TO THE SITE OR THE CONTENT EXCEED ONE THOUSAND U.S. DOLLARS ($1,000), OR THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF K2VIEW, AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, TOGETHER WITH K2VIEW, AND ITS SUCCESSORS AND ASSIGNS, THE “K2VIEW AFFILIATED PARTIES”) HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THE SITE OR THE CONTENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR DATA AND BUSINESS INTERRUPTION OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ANY K2VIEW AFFILIATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF ANY REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE.  

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (A) NO K2VIEW AFFILIATED PARTY WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE OPERATION OR PROVISION OF, OR YOUR USE OF OR INABILITY TO USE, THE SITE AND THE CONTENT (INCLUDING THIRD PARTY MATERIALS), INCLUDING FROM ANY VIRUS, WORM, TROJAN HORSE, EASTER EGG, TIME BOMB, SPYWARE OR OTHER SIMILAR COMPUTER CODE, FILE OR PROGRAM THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; AND (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE CONTENT IS TO STOP USING IT.

ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE FOR THE BENEFIT OF EACH K2VIEW AFFILIATED PARTY.

15. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SITE OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. Indemnity

To the maximum extent permitted under applicable law, you will defend each K2view Affiliated Party against any claim, demand, suit or proceeding made or brought against any K2view Affiliated Party by a third party arising out  of or relating to: (a) your use of, or activities in connection with, the Site and the Content, and/or (b)  any violation or alleged violation of these Terms of Use by you (each, a “Claim Against K2view”); and you will  indemnify such K2view Affiliated Party from any damages, attorney fees and costs finally awarded against such K2view Affiliated Party as a result of, or for any amounts paid by such K2view Affiliated Party under a settlement  approved by you in writing of, a Claim Against K2view, provided the applicable K2view Affiliated Party (i)  promptly gives you written notice of the Claim Against K2view, (ii) gives you sole control of the defense and  settlement of the Claim Against K2view (except that you may not settle any Claim Against K2view unless it  unconditionally releases each applicable K2view Affiliated Party of all liability), and (iii) gives you reasonable  assistance, at your expense. 

17. Governing Law and Jurisdiction

All matters relating to the Site, the Content and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Israel without giving effect to any choice or conflict of law provision or rule (whether of the State of Israel or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use, the Site or the Content shall be instituted exclusively in the district court of Tel Aviv-Jafa You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18. Arbitration

IF YOU ARE DOMICILED IN THE U.S. OR IN ANY COUNTRY BESIDES THE EUROPEAN UNION, AND ARE NOT OTHERWISE SUBJECT TO ANY OTHER DISPUTE RESOLUTION PROVISION IN ANY OTHER AGREEMENT WITH US (INCLUDING WITHOUT LIMITATION BETWEEN YOUR MEMBER COMPANY AND US), THEN, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND A K2VIEW AFFILIATED PARTY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE, EXCEPT THAT EACH PARTY RETAINS THE RIGHT TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE. NOTWITHSTANDING ANYTHING IN THIS SECTION 18, EITHER PARTY MAY IMMEDIATELY BRING A PROCEEDING (SOLELY ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS BASIS) SEEKING PRELIMINARY INJUNCTIVE RELIEF OR A TEMPORARY RESTRAINING ORDER IN A COURT HAVING JURISDICTION THEREOF WHICH SHALL REMAIN IN EFFECT SUBJECT TO THE RULES, PROCEDURES AND STATUTES APPLICABLE TO SUCH RELIEF UNTIL (A) AN ORDER IS ENTERED BY A COURT OF COMPETENT JURISDICTION ENFORCING A FINAL AWARD MADE IN ARBITRATION OF THE APPLICABLE CLAIM, OR (B) AN APPELLATE COURT VACATES, STAYS OR OVERRULES SUCH RELIEF.

YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms of Use. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing: (1) nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you, and (2) any party may seek injunctive relief in any court of competent jurisdiction.

If you are resident in the European Union and acting as a consumer within the scope of Regulation (EC) No. 593/2008, the foregoing choice of governing law provisions will not have the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the laws applicable where you habitually reside.

19. In General

Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.” K2view’s failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on K2view if it is in a written document signed by K2view. If any provision of these Terms of Use is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You, Your Member Company (if applicable), and K2view intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you, Your Member Company (if applicable), and K2view agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. These Terms of Use do not and shall not be construed to create any relationship, partnership, joint venture, employer-employee relationship, agency relationship or franchisor-franchisee relationship between you and K2view. K2view may assign these Terms of Use, in whole or in part, at any time with or without notice to you or Your Member Company (if applicable). You and Your Member Company (if applicable) may not assign, transfer or sublicense your rights (if any). These Terms of Use will be binding upon K2view’s successors and assigns. These Terms of Use, including our Privacy Policy and other terms incorporated by reference, constitute the sole and (entire agreement between you and Your Member Company (if applicable) and K2view with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral with respect to the Site. Both you and Your Member Company (if applicable) and K2view warrant to each other that, in entering this agreement, neither K2view nor you or Your Member Company (if applicable) have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms of Use. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and K2view, or K2view’s successors and assigns, will have any right to enforce these Terms.

20. Changes

K2view reserves the right to change these Terms of Use at any time upon notice. K2view may give notice by making the updated Terms of Use available through the Site or by any other reasonable means. You can view the most current version of the Terms of Use at any time at https://www.k2view.com/terms-of-use/. The updated Terms of Use are binding on you as of the effective date indicated in the updated Terms of Use. If you do not agree to the updated Terms of Use, you must terminate your Account (if you have one) and stop using the Site and Content before the effective date. Your continued use of the Site or the Content after the effective date will constitute your acceptance of the updated Terms of Use.

 

21. Notices

K2view may provide all notices (including legal process) that K2view is required to give by any lawful method, including by making notice available through the Site, or by sending it to any email or mailing address that you provide to K2view. You acknowledge that if you do not provide K2view with current and accurate contact information, K2view may not be able to contact you. You agree to send K2view notice by email to legal@k2view.com.

22. Contact Information

 

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to legal@k2view.com