TERMS OF USE

1. GENERAL

PainReform Ltd. welcomes you to its website (together with its Content (as defined below), the “Site”). Please read the following Terms of Use (“Terms”) carefully before using the Site so that you are aware of your legal rights and obligations with respect to PainReform, Ltd., its affiliates and subsidiaries (the “Company”). These Terms govern the use of the Site and each of its services (the “Services”).

You must accept these Terms prior to using the Services. By accessing the Site and/or using the Services, you signify your assent to these Terms and Company’s privacy policy at https://painreform.com/. Changes may be made to these Terms from time to time. The Company will inform you regarding such modifications by either notifying you via your email address or by posting such latest changes on the Site. Your continued use of the Service will be deemed acceptance to any such amended or updated Terms. If you do not agree to any of these Terms, please do not use the Services. If you are entering these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms.

By accessing the Site and/or using the Services, you affirm that you are over the age of 13, as the Site is not intended for children under 13.

The Company will provide access to the Site and its Services on a 24/7 basis, subject to maintenance operations and limitations as mentioned in these Terms. Notwithstanding the foregoing, the Company reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. The Company shall not be liable to you or any third party in the event that it exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new service will be subject to these Terms.

This Site also contains information regarding Company’s technology, products and services, which are not available for sale or distribution. Any references to products or services on the Site does not imply that the Company intends to announce or offer these products or services in your country.

Please note that the Company provides no medical advice.

2. SITE ACCESS

Registration. In order to use the Site, you must enter your personal information as requested (name, email address, etc.) in a correct and truthful manner in order to benefit from the relevant Services. In case of changes, your personal information will need to be updated. If your information appears to be incorrect or incomplete, the Company reserves the right to suspend or terminate the Services.

Prohibited Use. When using the Site, you must refrain from –

  • Breaching these Terms or any other applicable rules and instructions that the Company may convey with respect to the Site;
  • Interfering with, burdening or disrupting the functionality of the Site;
  • Breaching the security of the Site or publicly identifying any security vulnerabilities in it;
  • Circumventing or manipulating the operation or functionality of the Site, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Site;
  • Sending automated or machine generated queries;
  • Using robots, crawlers and similar applications to collect and compile content from the Site or send data to the Site including for the purposes of competing with the Site or in such ways that may impair or disrupt the Site’s functionality;
  • Impersonating any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity;
  • Collecting, harvesting, obtaining or processing personal information regarding the Site’s users, without their prior explicit consent;
  • Linking to the Site from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;
  • Engaging in any activity that constitutes a criminal offense or gives rise to civil liability;
  • Violating any applicable law, rules or regulations;

YOU MAY NOT USE THE SITE FOR ANY ACTIVITY THAT IS UNLAWFUL, ILLEGAL, FRAUDULENT OR HARMFUL, OR IN CONNECTION WITH ANY UNLAWFUL, ILLEGAL, FRAUDULENT OR HARMFUL PURPOSE OR ACTIVITY, OR CONSTITUTES, OR ENCOURAGES CONDUCT THAT WOULD CONSTITUTE, A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY APPLICABLE LAW.

Termination of Use. The Company has the right to terminate your access to the Site or suspend any access to the Site or the provision of the Services, at any time, if the Company determines, at its sole discretion, that you breached these Terms. Suspension or termination of Services or access to the Site due to the violation of your obligations under these Terms shall not entitle you to compensation of any kind.

3. INTELLECTUAL PROPERTY RIGHTS

Company’s Intellectual Property. All rights, title and interest in and to the Site and its Services and its features, including without limitation, patents, copyrights, trademarks, logos, trade names, service marks, trade secrets and other intellectual property rights and any goodwill associated therewith, are owned by the Company. In addition, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on the Site or in commercially produced information presented to you through the Site by the Company, its affiliates or its third party licensors (“Content“) is protected by copyright, patents or other proprietary agreements and laws and you are only permitted to use Content as expressly authorized by the Company, its affiliates or its licensors. Nothing contained herein transfers any right, title, or interest in the Site or the Content to you. Content on the Site is provided to you on a “as-is” basis for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Company’s prior written consent.

License. If applicable, the Company hereby grants to you, for the duration of a Service, a non-exclusive, non-transferable and personal license relating to the use of such Service. If the Service includes third party’s software editors’ rights, the terms of these licenses will apply to you. In this regard, the Company may not, under any circumstances, grant more rights to you than its editors granted to the Company on their respective software. As a consequence, the Company undertakes to hold you harmless from any third party’s editor claim that the intellectual property rights within the Service are infringing its intellectual property rights. Any rights not expressly granted herein are reserved. Please be advised that the Company enforces its intellectual property rights to the fullest extent of the law. Certain product, service, or company designations for companies other than the Company may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where the Company is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.

Licenses granted to you for certain Services do not constitute a transfer of intellectual property rights.

Restrictions. You may not, nor allow any third party to: (i) modify, adapt, alter, translate, create derivative works from, copy or otherwise use the Site; (ii) decompile, disassemble, reverse engineer, translate or convert the Site, or apply any design, procedure or process to the Site in order to ascertain, derive, and/or appropriate for any reason or purpose, the source code or source listings for the Site or any of the content or any trade secret information or process contained in the Site (except to the extent such restrictions are prohibited by law); or (iii) modify or remove any copyright or other proprietary rights notices in or on the Site.   

4. DISCLOSURE

The Company reserves the right to access, read, preserve, and disclose any Content or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of it, its users or the public.


5. WARRANTIES

By using the Site and/or Services, you acknowledge and accept that the Services are provided on an “as is” and “as available” basis for their use, without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.

The Company makes no warranty that: (a) the Site will meet your requirements; (b) the Site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Site or any Services will be accurate or reliable; or (d) the quality of any products, Services, information, or other material obtained by you through the Site will meet your expectations.

Any content, materials, or information downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. The Company shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, or information. No advice or information, whether oral or written, obtained by you from the Company or through the Site shall create any warranty not expressly made herein. Your use of any advice or information is made solely at your own risk and responsibility. Certain information on this Site contain forward-looking statements and information – that is, statements related to future, not past, events. Such statements are based on our current expectations and certain assumptions, and are, therefore, subject to certain risks and uncertainties. A variety of factors, many of which are beyond the Company’s control, affect its operations, performance, business strategy and results and could cause the actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements that may be expressed or implied by such forward-looking statements.

You are responsible for taking all actions necessary to limit the damage that could result from possible corruption of files or documents which are included in the Services.

6. MAINTENANCE

By using the Site and/or Services, you acknowledge and accept that the Company will perform maintenance operations of the Site and that interruption of access to the Site and unavailability of the Services due to such maintenance operations shall not be deemed to be a faulty behavior of the Company according to these Terms. The Company shall not be responsible in case of interruption or malfunctions of the Site and/or Services for any reason whatsoever.

7. THIRD PARTIES LINKS

The Site may contain links to third party websites that are not owned or controlled by the Company. The Company is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Site, You expressly release the Company from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Site and to read the terms and conditions and privacy policy of each other website that you visit.

8. MEDICAL AND OTHER TERMS

The information on this Website is provided for informational purposes only and is not intended or recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider regarding any medical condition or treatment.

The Company may in the future provide certain information, reference guides and databases intended for use by licensed medical professionals. These tools will not be intended to give professional medical advice. Physicians and other health care providers should always exercise their own clinical judgment for any given situation.

9. PERSONAL DATA

The Company acknowledges and works to comply with all laws and regulations governing the processing of your personal data.

10. LIMITATION OF LIABILITY

THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY, THE SITE (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY), IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE THE COMPANY MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, THE COMPANY DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT THE COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE SITE AND ITS SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. INDEMNITY

You agree to defend, indemnify and hold harmless the Company, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Site.

12. MISCELLANEOUS

The Company reserves the right to discontinue or modify any aspect of the Site at any time. These Terms, the Privacy Policy and the relationship between you and the Company are governed by and construed in accordance with the laws of Israel, without regard to its principles of conflict of laws. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with the Privacy Policy and any other legal notices published by the Company on the Site, shall constitute the entire agreement between you and the Company concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

13. CONTACT US

In case of any questions or inquiries about the Terms of Use of this website, or its implementation, please contact us at info@painreform.com.