TriEye Terms of Service

We at TriEye Ltd. (“TriEye”, “we”, “us” or “our”) make the content of this website (“Site”) available to you for informational purposes. These Terms of Service (these “Terms”) govern your access to and use of the Site and any other services available on the Site (“Services”). “You” means any adult visitor and/or user of the Site and/or Services. By accessing or using the Site and/or Services, you agree that you have read, understood, accept and agree to be bound by these Terms. Our Privacy Notice, available at www.trieye.tech (“Privacy Notice”) governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice).

We reserve the right, in our sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for reviewing these Terms periodically. If you do not agree to these Terms, do not access or use the Site.

Services

During the period these Terms are in effect and subject to the terms and conditions hereof, TriEye allows you to use the Site and/or Services on a non-exclusive basis. TriEye may change, modify or update the Site or Services at any time without prior notice to you, including removing functionality.

Use of the Services and access to the Site is void where prohibited. By accessing the Site you represent and warrant that (a) your use of the Site and/or Services does not violate any applicable law or regulation or any obligation you may have to a third party and (b) your use of the Site and/or Services shall be in compliance with all applicable laws and regulations.

You acknowledge that TriEye may at any time amend, cease to provide and/or terminate the accessibility of the Site and/or Services at its sole discretion.

Intellectual Property Rights

TriEye and its licensors, as the case may be, have all right, title and interest in the Site, Services, and any content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and any trademarks, service marks, and logos contained therein, whether registered and unregistered. Except as expressly permitted by TriEye herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use for any purpose the content of the Site or Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or the Site should be construed as granting you any right to use any trademark, service mark, logo, or trade name of TriEye or any third party. If you provide TriEye with any feedback regarding any content on the Site and/or Services, TriEye may use all such TriEye without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

Use Restrictions

You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Site and/or Services without our prior written authorization, including framing or mirroring any part of the Site and/or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Site and/or Services; (3) use the Site and/or Services or content thereon in connection with any commercial endeavors in any manner; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site and/or Services; (5) use the Site and/or Services or content thereon in any manner not permitted by these Terms.

Third Parties

Portions of the Site and the Services may involve linking to or using web sites belonging to third parties. TriEye is not responsible for content or services available by means of such sites; all use of third-party sites is at your own risk. TriEye does not endorse any products or services offered by third parties.

Disclaimers and Disclaimer of Warranty

YOUR USE OF ANY ASPECT OF THE SITE AND/OR SERVICES IS AT YOUR OWN RISK. TRIEYE CANNOT AND DOES NOT ACCEPT ANY LIABILITY IN RESPECT OF ANY ACTIVITIES THAT YOU MAY UNDERTAKE THROUGH USING THE SERVICES.

THE SITE AND SERVICES ARE PROVIDED TO YOU “AS-IS” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES IN RESPECT OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THE SITE AND/OR SERVICES. TRIEYE DOES NOT WARRANT THAT ANY CONTENT, INFORMATION AND/OR DESCRIPTION PROVIDED THROUGH THE SITE AND/OR SERVICES REGARDING PRODUCTS OR OTHERWISE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

No advice or information, whether oral or written, obtained by you from TriEye, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO GENERAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO THE SERVICES. IN ANY CASE, OUR ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED AMOUNTS PAID BY YOU DIRECTLY TO US FOR THE USE OF THE SITE OR SERVICES HEREUNDER. AS SUCH, IF YOU HAVE NOT MADE ANY PAYMENTS TO US IN ORDER TO USE THE SITE OR SERVICES, WE SHALL NOT HAVE ANY LIABILITY TO YOU WHATSOEVER.

In addition to the foregoing, TriEye assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. TriEye is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or use of the Site and/or Services. UNDER NO CIRCUMSTANCES SHALL TRIEYE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, WHETHER ONLINE OR OFFLINE.

Indemnification

You agree to indemnify, defend, and hold us harmless (including our employees, directors, officers, subcontractors and agents) against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees and court costs) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your computer or mobile device; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site or Services; (c) your violation of any applicable law or regulation; (d) your infringement of any right of any third party, including without limitation the infringement of any third party intellectual property right, moral or publicity right; or (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site and/or Services shall be in compliance with all applicable laws, regulations and guidelines.

Miscellaneous

These Terms shall be governed by the laws of the State of Israel exclusive of its choice of law rules. Any action to be brought in connection with these Terms shall be brought exclusively in the court located in Tel-Aviv-Jaffa, and you irrevocably consent to their jurisdiction. Any cause of action against us must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision as permitted by applicable law, and the remaining terms of these Terms shall remain in full force and effect. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and supersedes any other agreements, understandings or warranties. Nothing contained in these Terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may assign our rights under these terms to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing. Nothing herein will be construed as creating employer-employee, a joint venture, partnership, or similar relationship.

Last updated: January 2019