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Terms of Service

Last updated: March 2024

KAIZEN TERMS OF USE

Welcome to the Sensiu App developed by Kaizen Bio-Tech (2011) (“Kaizen”, “We” or “Us”). These Terms of Use and the Kaizen Privacy Policy (collectively, the “Terms”), set forth the terms and conditions under which Kaizen makes available the Flow website, webinar programme, and any services provided therein (collectively, the “Platform”).

These Terms apply solely to the use of the Platform and do not apply to the use of any Kaizen products and/or services independently.

BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS AS MAY BE AMENDED FROM TIME TO TIME.

Please read the Terms carefully before you continue to make any use of the Platform. If you do not agree to the Terms, you should exit and cease any further use of the Platform.

Platform and Usage Thereof

The Platform includes all content, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and any computer code (“Content”) for your usage of the Flow device (the “Product”), including but not limited to instructional videos on the usage and maintenance of the Product, helpful tips for lactation professionals, and information about upcoming webinars.

We only authorise you to view the Content for your internal professional purposes and not for any activity which is competitive with the Platform or the Product. No other right or license is provided in connection with the Platform or the Product. No logo, graphic, sound, video or image from the Platform may be copied or retransmitted unless expressly authorised by Us in writing.

IMPORTANT — IN CASE OF EMERGENCY PLEASE CALL YOUR LOCAL EMERGENCY SERVICES.

You Further Agree Not To

  • Sell, rent, lease, bundle, transfer, display, resell for profit or otherwise distribute the Platform or any part thereof;
  • Modify, decompile, disassemble, or otherwise attempt to reduce the Platform to a human-perceivable form or disrupt the Platform, servers or networks connected to it;
  • Disobey any requirements, procedures, policies, or regulations of networks connected to the Platform;
  • Scrape, crawl, mine or use any other form of automated system to extract data from the Platform;
  • Change, adapt, translate, and/or create derivative works based upon the Platform;
  • Remove or obscure any intellectual property notices relating to the Platform;
  • Use the Platform for any illegal, immoral or unauthorised purpose or in a manner that could give rise to civil liability; or
  • Use the Platform in a way that infringes or violates these Terms or the rights of any user or third party.

We reserve the right at any time and from time to time, without prior notice, to modify, suspend, or discontinue the Platform or your access thereto, at our sole discretion.

Intellectual Property

As between Us and You, We own all right, title and interest in and to all patents, copyrights, trademarks, trade secrets, and all other intellectual property rights in or to the Platform and all aspects thereof, including, without limitation, any and all Content and all functions therein.

Third Party Content

The Platform may make available to you Content, services, products, and other content of third parties (“Third Party Content”). Third Party Content may also contain links to third parties’ websites that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party website. We do not monitor Third Party Content and its availability through the Platform does not constitute any endorsement or recommendation on our behalf.

No Warranties

You agree that your use of the Platform shall be at your sole risk. The Platform and the information available thereon are provided on an “As Is” basis. We make no warranty of any kind, express or implied, including, without limitation, any implied warranty regarding the accuracy, merchantability, non-infringement, reliability, or fitness for a particular purpose.

You further assume full, exclusive and sole responsibility for the use of and reliance on the Platform and acknowledge that any use of or reliance on the Platform is made entirely at your own risk. You acknowledge that there is no professional relationship (including any doctor-patient relationship) between You and Us.

Limitation of Liability

Our entire liability and your exclusive remedy with respect to any dispute with us is to discontinue your use of the Platform. We and our related parties shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damage arising from your use of the Platform and/or in connection to any content or information provided to you via the Platform.

Indemnification

You agree to defend, indemnify, and hold harmless Kaizen and its related parties, and their respective members, shareholders, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), arising from: (i) your use of the Platform; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright or other intellectual property or privacy right.

Amendments to the Terms

We may change the Terms from time to time, at our sole discretion. We will notify you regarding substantial changes of these Terms on the Platform and/or by email to the address you provided during registration. Such substantial changes will take effect immediately after notice is provided. Otherwise, all other changes to these Terms are effective as of the stated “Last Updated” date.

Miscellaneous

Entire Agreement. These Terms embody the entire agreement between You and Us and supersede any and all prior understandings and agreements relating to it.

Assignment. We may assign these Terms and any right or obligation in respect to the Platform, in whole or in part, to anyone else.

Severability. If any term of these Terms is held unenforceable, that term shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining Terms shall remain in full force and effect.

Governing Law and Jurisdiction. The courts of Tel-Aviv-Yafo, Israel shall have exclusive jurisdiction over any disputes hereunder. These Terms shall be interpreted exclusively in accordance with the laws of Israel.

Notice. Any notices or questions regarding these Terms may be sent to: office@sensiu.com.