Terms of Use – Ness Cloud Portal

This portal, available at https://nessaioffering.ness-tech.co.il ("Portal"), is owned and operated by Ness A.T. Ltd. ("Company", "we", "our", or "us").

These Terms of Use ("Terms") govern access to and use of the Portal by any user ("user" or "you"), including browsing the Portal, reviewing the content made available through it, and using the services offered through it.

ACCEPTANCE OF THESE TERMS: THESE TERMS CONSTITUTE A LEGALLY BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND THE COMPANY. BY ACCESSING OR USING THE PORTAL, YOU AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS, BROWSE, OR USE THE PORTAL.

The Portal provides information regarding the Company, its business operations, and its services, and, among other things, serves as a platform through which users may order licenses for artificial intelligence (AI) systems and tools provided by various vendors and supplied by the Company. The Portal may also include communication channels through which users may contact us with questions, requests for information, or inquiries regarding such licenses and related services.

Any information made available on the Portal (including, without limitation, information regarding the Company, its services, systems, solutions, business activities, text, images, logos, trademarks, and designs, collectively, the "Content") is provided for general informational and/or illustrative purposes only and does not constitute any representation, warranty, or commitment on behalf of the Company. The Company will not be liable for any inaccuracies, errors, or discrepancies in the Content, and you should not rely on the Content when engaging with the Company.

We may, at any time and in our sole discretion, modify, correct, amend, or otherwise make changes to the Portal and the Content. Furthermore, we may, at any time, temporarily or permanently discontinue the operation of the Portal or any part thereof.

For the avoidance of doubt, all information and terms presented on the Portal originate from information provided and/or published by manufacturers and vendors, and are at all times subject to the terms, policies, costs, and instructions of those manufacturers and vendors, as they may be from time to time. The Company does not warrant that the information presented on the Portal will be complete, accurate, up to date, or consistent at all times with the terms of the relevant manufacturer or vendor, including because manufacturers and vendors may update, change, or discontinue products, services, prices, terms, and policies at any time and without prior notice. In the event of any discrepancy between the information appearing on the Portal and information or terms published by the relevant manufacturer or vendor, the current terms, policies, or information of that manufacturer or vendor shall prevail. The information on the Portal is provided for informational and convenience purposes only and does not constitute any representation, undertaking, or warranty by the Company regarding vendors’ terms.

We may provide various communication channels through which you may contact us, including by leaving your contact details through the Portal in order to receive additional information and/or order licenses to use artificial intelligence (AI) systems and tools supplied by the Company. You agree not to submit through such communication channels any information or content that is unlawful, infringing, harmful, misleading, or otherwise inappropriate, and you remain solely responsible for any consequences arising from your submissions.

Your submission of information through the Portal does not obligate the Company to review such content or to provide or offer any service, license, or commercial engagement, and the Company provides no warranty in this regard.

We may use the information you provide through these communication channels in accordance with our Privacy Notice ("Privacy Policy").

The intellectual property rights in and to the Portal, and the Content available on it, are owned by or licensed to the Company and are protected by applicable copyright and other intellectual property laws. You may not use, reproduce, publicly display, or distribute the Portal or any Content without our explicit written permission. You are further prohibited from removing or deleting copyright notices, restrictions, and signs indicating proprietary rights, as well as from modifying, editing, copying, creating derivative works of, reverse engineering, altering, enhancing, or in any way exploiting any of our intellectual property rights in and to the Portal and the Content.

You represent and warrant that you have the legal capacity and are of legal age to form a binding contract, and that you have the full right and authority to be bound by these Terms. To the extent you submit any information through the Portal, you are solely responsible for the content you submit or upload, and you represent and warrant that such content is accurate and that you have all rights, permissions, and consents necessary to provide it, including with respect to any third-party information and any third-party intellectual property or privacy rights.

You may not: (i) attempt to hack, damage, or gain unauthorized access to our Portal, disrupt its operation, or circumvent, disable, or otherwise interfere with security-related features of the Portal or features that prevent or restrict use, copying, scraping, or harvesting of any Content, or that enforce limitations on use of the Portal; (ii) create a browser or border environment around the Portal, such as by framing or inline linking; (iii) interfere with or violate any other users' rights, including privacy rights, or collect personal information about users of our Portal, including by automated means; (iv) exploit the Portal or the Content for any commercial purposes; (v) use or launch any automated system (including, without limitation, "robots" and "spiders") to access the Portal or to scrape, harvest, or otherwise extract the Content; (vi) submit, upload, transmit, or distribute through the Portal any unlawful, infringing, harmful, or malicious content or code, including spyware, viruses, Trojan horses, worms, or other harmful code; (vii) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer, reproduce, create derivative works of, decompile, modify, or alter any part of the Portal; or (viii) engage in any fraudulent activity with respect to the Portal or violate any applicable laws or regulations in connection with the Portal.

We provide the Portal and the Content on an "as is" and "as available" basis. We do not warrant or guarantee that our Portal will always operate or be available without disruption or interruption, that it will be accessible from any location, or that it will be error-free. We do not guarantee that the Portal or any Content will always be up to date, and we make no warranties of any kind, whether express or implied, regarding the accuracy, completeness, or reliability of the Content or any information provided on this Portal. To the maximum extent permitted under applicable law, we will not be liable for any damages or losses, whether direct, indirect, incidental, special, or consequential, or for any lost profits, that you may incur or suffer as a result of your use of, or inability to use, the Portal or your reliance on the Content. This limitation of liability shall apply even if we have been advised or made aware of the possibility of any such damages or losses. Your sole and exclusive remedy is to cease using the Portal if you become dissatisfied. You hereby waive any and all claims against us and our affiliates, agents, representatives, and licensors that may arise as a result of your use of the Portal or the Content.

We respect our users' privacy rights. Our Privacy Notice, which constitutes an integral part of these Terms, governs our privacy practices and provides information regarding the personal data (data relating to an identified or identifiable individual) that we collect when you use the Portal and communicate with us, how we use it, and your rights related to your personal data.

Our Portal may include references, quotes, embedded content, or links to third-party content and websites. If any such materials are made available, they are provided for your convenience only. We do not endorse, control, or assume responsibility for the content, websites, terms, or policies of such third parties, including their accuracy, legality, reliability, or availability. Any use of, reliance on, access to, or interaction with such third-party content and websites is at your own discretion and risk and is subject to the applicable third party's own terms and policies.

Subject to applicable law, we reserve the right to modify these Terms at any time without notice. The revised Terms will become effective upon publication, as reflected under the "Last Updated" heading. Your continued use of the Portal after any changes to these Terms constitutes your acceptance of the revised Terms. We recommend that you review these Terms periodically for updates.

These Terms constitute the entire understanding between you and us relating to the subject matter hereof. Any heading, caption, or section title contained herein is inserted only as a matter of convenience and shall in no way define or explain any section or provision hereof.

In the event that any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. No waiver by either party of any breach or default hereunder will be deemed a waiver of any preceding or subsequent breach or default.

You agree that a printed version of these Terms, and of any notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms are governed by and construed in accordance with the laws of the State of Israel. You hereby expressly agree that any disputes arising from these Terms, or your use of the Portal and the Content, shall be subject to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel.

If you have any questions or concerns about these Terms, please contact us through the communication channels available on this Portal or by email at info@ness-tech.co.il.