January 2026
Please read these Terms carefully before using the ClearMash API. By using the ClearMash API, you indicate that you accept and agree to these Terms. If you do not agree to these Terms in their entirety, you must not use the ClearMash API.
1. Definitions
1.1. "Application Platforms Interface" or "API" means a defined set of rules, protocols, and tools that allow different software applications to communicate and interact with each other.
1.2. "ClearMash API" means the API provided by ClearMash to allow seamless connectivity between the ClearMash Platforms and your Software.
1.3. "ClearMash Platforms" means ClearMash's proprietary web-based Platforms for organizational knowledge management and any related support Platforms, as provided under a Master Services Agreement.
1.4. "Customer Data" means any data you modify or process in any way through or using the ClearMash API, whether such data concerns Individuals or otherwise.
1.5. "Software" means your organizational systems, applications, platforms, services and infrastructure.
2. Using the API
2.1. Subject to these Terms and any technical restrictions and limitations applicable to the ClearMash API, ClearMash grants you a limited, non-exclusive, worldwide, non-sublicensable, non-transferable, and revocable license to: (a) design, develop, and test the use of, the ClearMash API within and as part of your Software; and (b) use and call the ClearMash API as part of your Software which you distribute internally and externally to your Software’s users.
2.2. You must comply with the limitation for Requests Per Day (“RPD”) defined in the Order Form. If you exceed such limitations or otherwise use the ClearMash API in a burdensome manner, we may restrict or suspend your access to the ClearMash API. You may purchase higher RPD limitations under an amended or upgraded license.
2.3. You are solely responsible for:
2.3.1. All costs, expenses, losses, and liabilities incurred and for all activities that you take, in connection with the design, development, testing, distribution, support and maintenance of the Software;
2.3.2. Any third-party applications, services, or data that you connect to, integrate with, or otherwise enable through the ClearMash API;
2.3.3. Maintaining the confidentiality of your API credentials. You are solely responsible for any use of the ClearMash API through your credentials. If you suspect your credentials were accessed or obtained without authorization, you must notify ClearMash immediately; and
2.3.4. Implementing appropriate security measures in your Software.
2.4. Automated use of the ClearMash API (including through bots, scripts, or similar mechanisms) is permitted solely to the extent that such use simulates ordinary user-driven requests and complies with all applicable rate limits, usage policies, and technical guidelines established by ClearMash.
2.5. When processing personal data through or using the ClearMash API, you must adhere to our Data Processing Addendum and any applicable data privacy laws.
3. Restrictions
3.1. You may use the ClearMash API under this Terms solely for your lawful internal business or organizational purposes. You must strictly follow and adhere to any guidelines and instructions we may convey to you with respect to the ClearMash API.
3.2. When using the ClearMash API, you must not: (i) use automation to generate unreasonable load on the ClearMash API, to circumvent any usage restrictions, or to otherwise interfere with the stability, security, or performance of the ClearMash API or related systems; (ii) disassemble, decompile or reverse engineer any part of the ClearMash API, or otherwise attempt to uncover its underlying code, structure, implementation, or algorithms; (iii) use the ClearMash API or create, or permit others to develop or create, a product, application or service similar or competitive to the ClearMash API or the ClearMash Platforms; (iv) breach the security of the ClearMash API, identify, probe or scan any security vulnerabilities in the API, or access data you are not intended to access; (v) interfere with, circumvent, manipulate, overload, impair or disrupt the operation or the functionality of the ClearMash API; (vi) work around or circumvent any technical limitations in the ClearMash API; (vii) use any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the ClearMash API; (viii) use the ClearMash API in a scope or manner that may adversely impact the availability, stability or responsiveness of the ClearMash API or the ClearMash Platforms; (ix) forge any TCP/IP packet header or any part of the header information; (x) send any virus, worm, Trojan horse or other malicious or harmful code or attachment; or (xi) transmit, or attempt to transmit, spam messages or communications; (xii) use robots, crawlers, and similar applications to scrape, harvest, collect or compile in bulk data from or through the ClearMash API. The foregoing shall not apply to acts of collecting or compiling data through the ClearMash API, commensurate with the operation of the Software when used by legitimate human users; (xiii) use the ClearMash API or any data derived through it (a) for any activity that constitutes a criminal offense, gives rise to civil liability, or otherwise violate any applicable law, or (b) in any manner that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or similarly offensive.
4. Fees
4.1. Use of the ClearMash API is subject to payment of a usage fee in the amounts and terms stipulated in the Order Form and the Agreement ("API Fees").
4.2. All payment obligations in relation to API Fees are non-cancelable. Except in the case of termination due to ClearMash's material breach of these Terms, all API Fees paid are non-refundable.
5. Customer Data
5.1. You are solely liable for any Customer Data you process using the ClearMash API. When you process your Customer Data using the ClearMash API, you represent and warrant that the Customer Data: (i) does not contain any confidential information of third parties; (ii) does not infringe any third-party rights, including intellectual property rights; (iii) does not include any personal data, unless your organization explicitly authorized you to do so; and (iv) does not include any content that is harmful or that may constitute or give rise to a criminal offense or a civil tort.
5.2. ClearMash is under no obligation to monitor your Customer Data and will not be liable for your use of the Customer Data or any result arising therefrom.
6. Intellectual Property
6.1. All rights, title, and interest in and to the ClearMash API, including all content therein, and all patents, copyrights, trademarks, trade secrets, and other intellectual property rights and any goodwill associated therewith, embodied therein or utilized by us in the operation of the ClearMash API, including any computer codes and algorithms, and any API credentials (including API keys), are the exclusive property of ClearMash or our licensors (collectively: “Proprietary Content”).
6.2. Other than as expressly permitted in these Terms, you may not, either by yourself or by a third party on your behalf, copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Proprietary Content or any part thereof, in any way or by any means. For the avoidance of doubt, end-users of your Software may indirectly invoke the functionality of the ClearMash API through use of the Software, but you may not provide them with the ClearMash API or its credentials for independent use.
6.3. You may provide us with feedback and reviews, including information pertaining to bugs, errors, and malfunctions of the ClearMash API, performance of the ClearMash API, or any enhancements, changes, or additions to the ClearMash API that you would like to suggest. When you do so, you assign all right, title, and interest in and to that feedback or review to us, including the right to make commercial use thereof, for any purpose we deem appropriate, free of charge.
7. Confidential Information
The ClearMash API, including (without limitation) its features, performance, limitations, and other characteristics, and any information pertaining to its operation, is ClearMash's confidential information and trade secret. Any unauthorized disclosure, use, or copying of the foregoing might cause ClearMash inestimable serious financial loss. You must treat the ClearMash API and any information related thereto as confidential and not divulge them to anyone outside your employees. The obligations set forth in this Section shall survive termination of these Terms.
8. Availability; Changes to the ClearMash API
8.1. We will make efforts to have the ClearMash API available and operate without errors, on a 24/7 basis. However, the availability, quality, and functionality of the ClearMash API depend on various factors, including software, hardware, and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free. We do not warrant that the ClearMash API will operate without disruption, errors, or interruptions, or that they will be accessible or available at all times, or immune to errors, glitches, or unauthorized access.
8.2. We may, at any time and in our sole discretion, discontinue or terminate the operation of the ClearMash API, or any part thereof, temporarily, or permanently, for all users or for certain users, without any liability to you. We may also suspend the provision of the ClearMash API, in whole, or in part, for all users, or for certain users, for periodic maintenance or similar purposes.
8.3. We may, but are not obligated to, provide updates, modifications, adaptations, improvements, or enhancements to the ClearMash API, or any of its features, user interfaces, designs or any other aspect related thereto, without notice to you. Such updates, modifications, adaptations, improvements, or enhancements to the ClearMash API might cause errors, glitches, or malfunctions in the ClearMash API’s interoperability with interfacing components. You will have no plea, claim or demand against us, and we will have no liability to you, for any such interoperability errors or malfunctions.
9. Term and Termination
9.1. These Terms shall be in effect for the duration of the Term defined in the Order Form, and renewed automatically under the terms stipulated therein. Nonetheless, we may terminate these Terms at any time upon notice you, as stipulated in section 3.3 above.
9.2. Following termination of these Terms, you must promptly cease use of the ClearMash API and delete any Confidential Information related to it, including any API credentials, and provide us with written certification of such deletion upon request.
10. Warranties
10.1. THE CLEARMASH API IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEARMASH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE CLEARMASH API, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, TRADE USAGE, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, EXPECTED RESULT, QUALITY, TITLE, PERFORMANCE, SECURITY, OR COMPATIBILITY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, WHETHER MADE BY CLEARMASH, A REPRESENTATIVE, OR OTHERWISE, WHICH IS NOT EXPRESSLY PROVIDED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY CLEARMASH FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF CLEARMASH WHATSOEVER.
10.2. THE CLEARMASH API UTILIZES ARTIFICIAL INTELLIGENCE (AI) TOOLS. THE FIELD OF AI AND MACHINE LEARNING IS CONSTANTLY EVOLVING, CHANGING, AND IMPROVING. ALTHOUGH CLEARMASH MAKES CONSTANT EFFORTS TO IMPROVE THE QUALITY AND ACCURACY OF THE CLEARMASH API'S OPERATION AND ENDEAVORS TO APPLY CONTINUOUS HUMAN REVIEW AND OVERSIGHT, DUE TO THE NATURE OF SUCH TECHNOLOGY, CLEARMASH CANNOT GUARANTEE THE CLEARMASH API'S QUALITY, COMPLETENESS AND ACCURACY AND DISCLAIMS ANY WARRANTY IN RELATION THERETO.
10.3. CLEARMASH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY INTEGRATIONS. CLEARMASH DOES NOT CONTROL, ENDORSE, OR ASSUME ANY RESPONSIBILITY FOR THIRD-PARTY INTEGRATIONS, AND SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES ARISING FROM OR RELATED TO YOUR USE OF, OR RELIANCE ON, SUCH THIRD-PARTY INTEGRATIONS.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEARMASH AND ITS EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, LICENSORS, ADVISORS, AND ANYONE ACTING ON THEIR BEHALF (COLLECTIVELY, OUR "STAFF"), WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, OR PUNITIVE DAMAGES, LOSSES (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES, AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH THESE TERMS AND THE CLEARMASH PLATFORMS, EVEN IF CLEARMASH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES, OR PAYMENTS.
12. Indemnification
12.1. You agree to defend, indemnify and hold harmless ClearMash and our Staff, at your own expense, from, and against, any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, arising from your breach of your obligations and warranties herein.
12.2. If we seek indemnification from you, we will provide you with (i) prompt written notice of any indemnifiable claim; (ii) all reasonable assistance and cooperation in the defense of such indemnifiable claim and any related settlement negotiations, at your expense; and (iii) exclusive control over the defense or settlement of such indemnifiable claim, provided, however, that we may settle or reach compromise on any such claim without your consent, if and to the extent such settlement or compromise does not impose any liability (monetary, criminal or otherwise) on you. We will have the right to participate, at our own expense, in the defense (and related settlement negotiations) of any indemnifiable claim with counsel of our own selection.
13. Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without reference to its conflict of laws rules. The parties agree that the sole and exclusive jurisdiction for any dispute arising out of or relating to your use of the ClearMash API or these Terms lies within the courts of the Tel Aviv district, Israel.
13. Miscellaneous
13.2. Assignment. Neither party may assign or delegate, any of its right or obligations under these Terms without the prior written consent of the other party, provided that we may assign our rights and obligations under these Terms to a purchaser of all or substantially all of our assets or share capital relating to these Terms.
13.3. Independent Contractors. The parties are independent contractors. Neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other.
13.4. Waiver. The failure of either party to require performance by the other party of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
13.5. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.
January 2026
Please read these Terms carefully before using the ClearMash API. By using the ClearMash API, you indicate that you accept and agree to these Terms. If you do not agree to these Terms in their entirety, you must not use the ClearMash API.
1. Definitions
1.1. "Application Platforms Interface" or "API" means a defined set of rules, protocols, and tools that allow different software applications to communicate and interact with each other.
1.2. "ClearMash API" means the API provided by ClearMash to allow seamless connectivity between the ClearMash Platforms and your Software.
1.3. "ClearMash Platforms" means ClearMash's proprietary web-based Platforms for organizational knowledge management and any related support Platforms, as provided under a Master Services Agreement.
1.4. "Customer Data" means any data you modify or process in any way through or using the ClearMash API, whether such data concerns Individuals or otherwise.
1.5. "Software" means your organizational systems, applications, platforms, services and infrastructure.
2. Using the API
2.1. Subject to these Terms and any technical restrictions and limitations applicable to the ClearMash API, ClearMash grants you a limited, non-exclusive, worldwide, non-sublicensable, non-transferable, and revocable license to: (a) design, develop, and test the use of, the ClearMash API within and as part of your Software; and (b) use and call the ClearMash API as part of your Software which you distribute internally and externally to your Software’s users.
2.2. You must comply with the limitation for Requests Per Day (“RPD”) defined in the Order Form. If you exceed such limitations or otherwise use the ClearMash API in a burdensome manner, we may restrict or suspend your access to the ClearMash API. You may purchase higher RPD limitations under an amended or upgraded license.
2.3. You are solely responsible for:
2.3.1. All costs, expenses, losses, and liabilities incurred and for all activities that you take, in connection with the design, development, testing, distribution, support and maintenance of the Software;
2.3.2. Any third-party applications, services, or data that you connect to, integrate with, or otherwise enable through the ClearMash API;
2.3.3. Maintaining the confidentiality of your API credentials. You are solely responsible for any use of the ClearMash API through your credentials. If you suspect your credentials were accessed or obtained without authorization, you must notify ClearMash immediately; and
2.3.4. Implementing appropriate security measures in your Software.
2.4. Automated use of the ClearMash API (including through bots, scripts, or similar mechanisms) is permitted solely to the extent that such use simulates ordinary user-driven requests and complies with all applicable rate limits, usage policies, and technical guidelines established by ClearMash.
2.5. When processing personal data through or using the ClearMash API, you must adhere to our Data Processing Addendum and any applicable data privacy laws.
3. Restrictions
3.1. You may use the ClearMash API under this Terms solely for your lawful internal business or organizational purposes. You must strictly follow and adhere to any guidelines and instructions we may convey to you with respect to the ClearMash API.
3.2. When using the ClearMash API, you must not: (i) use automation to generate unreasonable load on the ClearMash API, to circumvent any usage restrictions, or to otherwise interfere with the stability, security, or performance of the ClearMash API or related systems; (ii) disassemble, decompile or reverse engineer any part of the ClearMash API, or otherwise attempt to uncover its underlying code, structure, implementation, or algorithms; (iii) use the ClearMash API or create, or permit others to develop or create, a product, application or service similar or competitive to the ClearMash API or the ClearMash Platforms; (iv) breach the security of the ClearMash API, identify, probe or scan any security vulnerabilities in the API, or access data you are not intended to access; (v) interfere with, circumvent, manipulate, overload, impair or disrupt the operation or the functionality of the ClearMash API; (vi) work around or circumvent any technical limitations in the ClearMash API; (vii) use any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the ClearMash API; (viii) use the ClearMash API in a scope or manner that may adversely impact the availability, stability or responsiveness of the ClearMash API or the ClearMash Platforms; (ix) forge any TCP/IP packet header or any part of the header information; (x) send any virus, worm, Trojan horse or other malicious or harmful code or attachment; or (xi) transmit, or attempt to transmit, spam messages or communications; (xii) use robots, crawlers, and similar applications to scrape, harvest, collect or compile in bulk data from or through the ClearMash API. The foregoing shall not apply to acts of collecting or compiling data through the ClearMash API, commensurate with the operation of the Software when used by legitimate human users; (xiii) use the ClearMash API or any data derived through it (a) for any activity that constitutes a criminal offense, gives rise to civil liability, or otherwise violate any applicable law, or (b) in any manner that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous or similarly offensive.
4. Fees
4.1. Use of the ClearMash API is subject to payment of a usage fee in the amounts and terms stipulated in the Order Form and the Agreement ("API Fees").
4.2. All payment obligations in relation to API Fees are non-cancelable. Except in the case of termination due to ClearMash's material breach of these Terms, all API Fees paid are non-refundable.
5. Customer Data
5.1. You are solely liable for any Customer Data you process using the ClearMash API. When you process your Customer Data using the ClearMash API, you represent and warrant that the Customer Data: (i) does not contain any confidential information of third parties; (ii) does not infringe any third-party rights, including intellectual property rights; (iii) does not include any personal data, unless your organization explicitly authorized you to do so; and (iv) does not include any content that is harmful or that may constitute or give rise to a criminal offense or a civil tort.
5.2. ClearMash is under no obligation to monitor your Customer Data and will not be liable for your use of the Customer Data or any result arising therefrom.
6. Intellectual Property
6.1. All rights, title, and interest in and to the ClearMash API, including all content therein, and all patents, copyrights, trademarks, trade secrets, and other intellectual property rights and any goodwill associated therewith, embodied therein or utilized by us in the operation of the ClearMash API, including any computer codes and algorithms, and any API credentials (including API keys), are the exclusive property of ClearMash or our licensors (collectively: “Proprietary Content”).
6.2. Other than as expressly permitted in these Terms, you may not, either by yourself or by a third party on your behalf, copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Proprietary Content or any part thereof, in any way or by any means. For the avoidance of doubt, end-users of your Software may indirectly invoke the functionality of the ClearMash API through use of the Software, but you may not provide them with the ClearMash API or its credentials for independent use.
6.3. You may provide us with feedback and reviews, including information pertaining to bugs, errors, and malfunctions of the ClearMash API, performance of the ClearMash API, or any enhancements, changes, or additions to the ClearMash API that you would like to suggest. When you do so, you assign all right, title, and interest in and to that feedback or review to us, including the right to make commercial use thereof, for any purpose we deem appropriate, free of charge.
7. Confidential Information
The ClearMash API, including (without limitation) its features, performance, limitations, and other characteristics, and any information pertaining to its operation, is ClearMash's confidential information and trade secret. Any unauthorized disclosure, use, or copying of the foregoing might cause ClearMash inestimable serious financial loss. You must treat the ClearMash API and any information related thereto as confidential and not divulge them to anyone outside your employees. The obligations set forth in this Section shall survive termination of these Terms.
8. Availability; Changes to the ClearMash API
8.1. We will make efforts to have the ClearMash API available and operate without errors, on a 24/7 basis. However, the availability, quality, and functionality of the ClearMash API depend on various factors, including software, hardware, and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free. We do not warrant that the ClearMash API will operate without disruption, errors, or interruptions, or that they will be accessible or available at all times, or immune to errors, glitches, or unauthorized access.
8.2. We may, at any time and in our sole discretion, discontinue or terminate the operation of the ClearMash API, or any part thereof, temporarily, or permanently, for all users or for certain users, without any liability to you. We may also suspend the provision of the ClearMash API, in whole, or in part, for all users, or for certain users, for periodic maintenance or similar purposes.
8.3. We may, but are not obligated to, provide updates, modifications, adaptations, improvements, or enhancements to the ClearMash API, or any of its features, user interfaces, designs or any other aspect related thereto, without notice to you. Such updates, modifications, adaptations, improvements, or enhancements to the ClearMash API might cause errors, glitches, or malfunctions in the ClearMash API’s interoperability with interfacing components. You will have no plea, claim or demand against us, and we will have no liability to you, for any such interoperability errors or malfunctions.
9. Term and Termination
9.1. These Terms shall be in effect for the duration of the Term defined in the Order Form, and renewed automatically under the terms stipulated therein. Nonetheless, we may terminate these Terms at any time upon notice you, as stipulated in section 3.3 above.
9.2. Following termination of these Terms, you must promptly cease use of the ClearMash API and delete any Confidential Information related to it, including any API credentials, and provide us with written certification of such deletion upon request.
10. Warranties
10.1. THE CLEARMASH API IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEARMASH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE CLEARMASH API, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, TRADE USAGE, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, EXPECTED RESULT, QUALITY, TITLE, PERFORMANCE, SECURITY, OR COMPATIBILITY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, WHETHER MADE BY CLEARMASH, A REPRESENTATIVE, OR OTHERWISE, WHICH IS NOT EXPRESSLY PROVIDED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY CLEARMASH FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF CLEARMASH WHATSOEVER.
10.2. THE CLEARMASH API UTILIZES ARTIFICIAL INTELLIGENCE (AI) TOOLS. THE FIELD OF AI AND MACHINE LEARNING IS CONSTANTLY EVOLVING, CHANGING, AND IMPROVING. ALTHOUGH CLEARMASH MAKES CONSTANT EFFORTS TO IMPROVE THE QUALITY AND ACCURACY OF THE CLEARMASH API'S OPERATION AND ENDEAVORS TO APPLY CONTINUOUS HUMAN REVIEW AND OVERSIGHT, DUE TO THE NATURE OF SUCH TECHNOLOGY, CLEARMASH CANNOT GUARANTEE THE CLEARMASH API'S QUALITY, COMPLETENESS AND ACCURACY AND DISCLAIMS ANY WARRANTY IN RELATION THERETO.
10.3. CLEARMASH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY INTEGRATIONS. CLEARMASH DOES NOT CONTROL, ENDORSE, OR ASSUME ANY RESPONSIBILITY FOR THIRD-PARTY INTEGRATIONS, AND SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES ARISING FROM OR RELATED TO YOUR USE OF, OR RELIANCE ON, SUCH THIRD-PARTY INTEGRATIONS.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEARMASH AND ITS EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, LICENSORS, ADVISORS, AND ANYONE ACTING ON THEIR BEHALF (COLLECTIVELY, OUR "STAFF"), WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, OR PUNITIVE DAMAGES, LOSSES (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES, AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH THESE TERMS AND THE CLEARMASH PLATFORMS, EVEN IF CLEARMASH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES, OR PAYMENTS.
12. Indemnification
12.1. You agree to defend, indemnify and hold harmless ClearMash and our Staff, at your own expense, from, and against, any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, arising from your breach of your obligations and warranties herein.
12.2. If we seek indemnification from you, we will provide you with (i) prompt written notice of any indemnifiable claim; (ii) all reasonable assistance and cooperation in the defense of such indemnifiable claim and any related settlement negotiations, at your expense; and (iii) exclusive control over the defense or settlement of such indemnifiable claim, provided, however, that we may settle or reach compromise on any such claim without your consent, if and to the extent such settlement or compromise does not impose any liability (monetary, criminal or otherwise) on you. We will have the right to participate, at our own expense, in the defense (and related settlement negotiations) of any indemnifiable claim with counsel of our own selection.
13. Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without reference to its conflict of laws rules. The parties agree that the sole and exclusive jurisdiction for any dispute arising out of or relating to your use of the ClearMash API or these Terms lies within the courts of the Tel Aviv district, Israel.
13. Miscellaneous
13.2. Assignment. Neither party may assign or delegate, any of its right or obligations under these Terms without the prior written consent of the other party, provided that we may assign our rights and obligations under these Terms to a purchaser of all or substantially all of our assets or share capital relating to these Terms.
13.3. Independent Contractors. The parties are independent contractors. Neither party shall be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither shall have any right, power or authority to create any obligation or responsibility on behalf of the other.
13.4. Waiver. The failure of either party to require performance by the other party of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
13.5. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.