Terms of Use

Welcome to brainqtech.com (the “Website”). The Website is owned and operated by BrainQ Technologies Ltd. (“BrainQ”, the “Company”, "we" and "our").

Please carefully read the following terms and conditions (the "Terms" or "Terms of Use"). The Terms constitute a binding agreement between you and BrainQ. By accessing the Website or by using it in any other manner, you indicate your acceptance of these Terms. If you do not agree to these Terms of Use, you may not access the Website or use it in any manner. 

About the Website 

The Website provides content and information about BrainQ’s technology and products. It also provides information regarding BrainQ itself. The Website's content is presented for informational purposes only.

The Website is not intended to diagnose, treat, cure or prevent any disease. If you have a medical condition, consult your doctor. We are not responsible for any health problems that may result from products or information you learn about through the Website.

The “Clinical Trials” page on our Website, is intended to provide information to potential US patients for our clinical trials in the US.

When You Contact Us

You may contact us through the Website. However, nothing on the Website or in your submitted inquiries requires us to make any engagements or business arrangements with you, partner with you, provide any products or services to you, engage in any present or future marketing activities or engage in any discussions or negotiations with you. 

Acceptable Use of the Website

When using the Website, you must refrain from –

  • Breaching these Terms or any other applicable Website rules and instructions that we may provide; 
  • Interfering with, burdening or disrupting the functionality of the Website;
  • Breaching the security of the Website or any services offered through the Website or identifying any security vulnerabilities in it;
  • Circumventing or manipulating the operation, or functionality of the Website, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Website;
  • Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect and compile content from the Website; 
  • Displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Website, independently from the web pages on which they originally appear;
  • Displaying content from the Website, including by any software, feature, gadget or communication protocol, which may alter the content or its design; 
  • Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; 
  • Collecting, harvesting, obtaining or processing personal information of or about other users of our Website; 
  • Linking to the Website from web pages that contain pornographic content, objectionable or offensive content or content that is unlawful or encourages prohibited activity such as racism or wrongful discrimination;
  • Engaging in any activity that constitutes a criminal offense or gives rise to civil liability;
  • Engaging in any use of the Website other than personal, non-commercial use; and
  • Violating any applicable law.

Links

The Website may contain links to content published on other websites provided by third parties. We do not operate or monitor these websites and content. You may find these websites or the information and content posted there objectionable or not compatible with your requirements. By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third-party websites or content, or their availability, or for any transactions or dealings made between you and such third party websites. 

Privacy

We respect your privacy. The Website’s privacy policy is available here and is hereby incorporated by reference to and forms an integral part of these Terms. 

Intellectual Property

The intellectual property rights associated with the Website, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of the Company, or its third party licensors. These rights apply, among others, to information, articles, images, content, graphic design, data and its processing, domain name, the Website’s “look and feel”, computer code and any other detail concerning its operation. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licenses.

Do not copy, duplicate, distribute, sell, make available, market or translate any information, including trademarks, images, pictures, texts or computer code from the Website, without the Company's explicit prior and written consent.

Trademarks on the Website (whether registered or not) as well as the Website's domain name – are the sole property of the Company. You may not use them without our prior written consent.

Changes and Availability

From time to time, we may change the Website's structure, layout, design or display, as well as the scope and availability of the information and content therein, without prior notice. Changes of this type by their very nature may result in glitches or cause inconvenience of some kind. 

The operation of the Website depends on various factors such as software, hardware and communication networks of the Company, its contractors and suppliers. By their nature, these factors are not fault-free.

Changes to the Terms

From time to time, the Company may change the Terms. Changes will take effect 7 days after their initial posting on the Website unless the Company amends the Terms to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting, or as required. 

Disclaimer of Warranty 

YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS BEING PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. YOU WILL HAVE NO PLEA, CLAIM OR DEMAND AGAINST THE COMPANY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS (STAFF”), IN RESPECT OF THE WEBSITE'S FEATURES, CONTENT, LIMITATIONS OR COMPATIBILITY WITH YOUR NEEDS. YOUR USE OF THE WEBSITE AND THE INFORMATION CONTAINED IN THE WEBSITE, IS AT YOUR FULL AND EXCLUSIVE RISK. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.  

THE COMPANY DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE WEBSITE, INFORMATION AND CONTENT OBTAINED FROM THE WEBSITE OR LINKS TO OTHER WEBSITES. 

Limitation of Liability 

TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY AND ITS STAFF, SHALL NOT BE LIABLE TO YOU, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS, INCLUDING LOSS OF PROFIT AND LOSS OF DATA, COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE WEBSITE, ITS CONTENT, THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT, OR ERROR MADE BY THE COMPANY OR OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, OR FROM ANY COMMUNICATION WITH THE WEBSITE OR THE COMPANY, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT OR INFORMATION.

Our Enforcement Rights

We are not obligated to monitor your access to, or use of, the Website, but we have the right to do so for the purpose of operating the Website, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute Website users who violate the law. We reserve the right (but are not required) to remove or disable your access to the Website at any time and without notice, and at our sole discretion if we determine that your use of the Website is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Company.  The Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

Your Representations and Warranties

As a condition for your use of the Website, you represent and warrant that (1) you possess legal authority to agree to these Terms and to perform your obligations hereunder; (2) these Terms do not and will not violate any other agreement to which you are subject; (3) you will not infringe any right of any third party to harm any Website user; and (4) you will abide by all applicable provisions of these Terms.

Applicable Law and Jurisdiction

These Terms shall be governed solely by the laws of the State of Israel without regard to its conflict of law provisions.

The Tel Aviv District Court shall have sole and exclusive jurisdiction over any claim in connection with the Website or in respect of any matter relating to these Terms. 

Contact Us

You may contact us with any questions or comments, at: [email protected] . 

Last Updated: September 16, 2020. 

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