GORETRO [Acumen Labs Ltd.] (“WE”, “OUR”, “US” OR THE “COMPANY”) WELCOMES YOU (“USER”, “YOU” OR “YOUR”) TO OUR WEBSITE AT www.goretro.ai (THE “WEBSITE”). THE FOLLOWING TERMS (THE “TERMS”) STIPULATE THE TERMS AND CONDITIONS OF YOUR USE OF THE WEBSITE. THE WEBSITE IS PROVIDED SOLELY FOR YOUR OWN USE. BY ACCESSING OR USING OUR WEBSITE, CREATING AN ACCOUNT AND/OR USING OUR SERVICES YOU AGREE TO THESE TERMS. YOUR USE OF THE WEBSITE AND/OR THE SERVICES IS EXPRESSLY CONDITIONED ON YOUR COMPLIANCE AND CONSENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THE TERMS YOU SHOULD IMMEDIATELY STOP USING THE WEBSITE AND/OR THE SERVICES.
The Services refer to our proprietary web-based tool for managing retrospective team meetings, made available to you, royalty-free, on a software-as-a-service basis, through the Website (the "Services")
In order to access and use the Service, you must register and establish an account on the Website (the "Account"). By registering an Account, you represent that you are entitled to disclose the information provided in such registration, without breach by you of any obligations or violation of any rights of third parties.
You acknowledge that certain software components of the Services may be covered by open source licenses promulgated by the Open Source Initiative or by the Free Software Foundation (“Open Source Component”). If such open source license prohibits any of the restrictions in this Agreement, such restrictions will not apply to such Open Source Components.
By electing to use paid services through the Account or by executing an ordering document with the Company, you are agreeing to pay the applicable fees set forth in the Subscription, for the entire term of such Subscription (the "Subscription Term"), in accordance with the payment terms and payment method set forth therein. You cannot cancel or terminate a Subscription during the Subscription Term except as expressly permitted in or the applicable Subscription. Each Subscription Term will automatically renew for additional successive periods equal to the Subscription Term unless: (i) otherwise stated on the applicable Subscription; or (ii) either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current Subscription Term. Pricing for any Subscription Term renewal, new Subscription, or Subscriptions including additional Services will be at the Company's then-applicable rates. The Subscription may provide for a trial period, for which fees are not due. Such trial period will be deemed a part of the Subscription Term for the purposes hereof.
Representations & Warranties
You must not misuse the Services. Except as otherwise expressly permitted in these Terms, with respect to the Website, the Services or any content available thereon (the "Content"), you may not (a) make available or use the information on the Website or the Services on any other platform or for the benefit of any third party; (b) sell, resell, license, sublicense, distribute, make available, rent or lease the Website, the Services or the Content for any commercial purposes; (c) use the Website, the Services or the Content, to transmit any illegal, immoral, unlawful and/or unauthorized materials, or interfere with or violate users' rights to privacy and other rights, or harvest or collect personally identifiable information about users without their express consent; (d) use the Website or the Services, to transmit or otherwise make available any malicious code, including any virus, worm, trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program; (e) interfere with or disrupt the integrity, performance or operation of the Website, the Services, or any part thereof, including any servers or networks provided by third party service providers; (f) attempt to gain unauthorized access or bypass any measures imposed to prevent or restrict access to the Website or the Services; (g) copy, modify, distribute, create derivative works, translate, port, reverse engineer, decompile, or disassemble the Website, the Services or the Content, or any material that is subject to our proprietary rights, including without limitation for non-internal or commercial purpose, and shall not simulate or derive any source code or algorithms from the Website or the Services; and (h) misrepresent or impersonate any person or entity, or falsely state your affiliation, or express, imply that we endorse you in any manner, or represent or distribute inaccurate information about the Website or the Services.
Any use of the Services in breach of these Terms, that in our reasonable judgment threatens the security, integrity or availability of the Services or of its intellectual property rights associated with, arising out of or integral to the Products, may result in immediate suspension of your access to the Services. You agree to notify us immediately if you become aware of any unauthorized use of the Services. You are responsible for any and all actions taken through use of your accounts and passwords.
The Company retains sole and exclusive ownership of all rights, title and interests in the Website, the Content, the Service and all intellectual property rights relating thereto, including, without limitation, issued patents and pending patent applications with respect to the Website, the Content, the Service and the technology related thereto. This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter.
Third Party Websites
Any and all trademarks, service marks, product names, and trade names of the Company appearing on or through the Website are exclusively owned by the Company or its affiliates. All other trademarks, service marks, product names, and logos appearing on or through the Website are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Website without the owner's prior written consent.
EXCEPT AS EXPRESSLY SET FORTH UNDER THE TERMS, THE WEBSITE, THE CONTENT AND THE SERVICE IS PROVIDED ON AN "AS IS", “AS AVAILABLE” AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUALITY OF SERVICE. THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE, THE CONTENT AND THE SERVICE WILL MEET YOUR EXPECTATIONS, WILL BE FREE FROM VIRUSES OR THAT DATA AND CONTENT OBTAINED THROUGH THE WEBSITE OR THE SERVICE WILL BE ACCURATE, RELIABLE OR CURRENT, OR THAT THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE, THE CONTENT AND THE SERVICE IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR DATA STORED ON IT, IS SOLELY YOURS.
Limitation Of Liability
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY (INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, THE CONTENT OR THE SERVICES, OR IMPROPER USE OF THE WEBSITE, THE CONTENT OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY CHANGE THE WEBSITE, THE CONTENT OR THE SERVICES IN WHOLE OR IN PART IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU WHATSOEVER IN CONNECTION THEREWITH.
You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Website or the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Website, the Content or the Services shall be in compliance with all applicable laws, regulations and guidelines and shall not be intended to damage, disable, overload or impair the Website, the Content, the Services or the servers on which they are hosted.
Changes to the Terms
These Terms may be subject to periodical revisions or amendments, from time to time with or without notice, at our sole discretion; we encourage you to review the Terms regularly. The last revision will be reflected in the "Last Updated" heading. Your continued use of our Website, the Content or the Services following any such amendments will be considered as your consent to the amended Terms. At all times, the latest version of these Terms shall be binding and prevail over any other version.
These Terms constitute the entire agreement between the parties concerning the subject matter hereof. These Terms shall be governed by the laws of the State of Israel, without giving effect to any principles of conflicts of laws thereof, and the eligible courts in Tel Aviv, Israel, shall have exclusive jurisdiction over all disputes between the parties related to these Terms. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein without the express written consent of the Company. The Company expressly reserves its right to assign or transfer these Terms and to delegate any of its obligations hereunder at its sole discretion. If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms. The failure of the Company to act with respect to a breach of these Terms by you or others shall not constitute a waiver and shall not limit the Company's rights with respect to such breach or any subsequent breaches.