January 2026
These General Terms of Use (the "Terms") govern your use of the Main Platform, the Support Platform, and the Developers Platform (as defined below), and they form a binding agreement between you – an authorized user designated by your organization, and ClearMash Solutions Ltd. ("ClearMash" or "we", "us", "our"). All three platforms will be referred to together hereinafter as the "ClearMash Platforms".
Please read these Terms carefully before using the ClearMash Platforms. By using the ClearMash Platforms, you indicate that you accept and agree to these Terms and to the applicable Privacy Policies. If you do not agree to these Terms in their entirety, you must not use the ClearMash Platforms.
These Terms may be amended from time to time to reflect modifications to the ClearMash Platforms, comply with applicable law, prevent abusive use of the ClearMash Platforms, or under any other circumstance we deem necessary in light of our experience in communicating with you and other users. We will post any change to these Terms on the ClearMash Platforms a reasonable time in advance of the effective date of the change, and we will also make efforts to proactively notify you of the changes. Your continued use of the ClearMash Platforms after the effective date of the amended Terms constitutes your consent to the amended Terms.
If you have any questions, comments, or concerns regarding these Terms or the use of the ClearMash Platforms, please contact us through our online contact form or email us at legal@clearmash.com.
1. Definitions
1.1. "Customer Data" means any data derived automatically from your organization's systems and any data you manually upload to the ClearMash Platform or modify using the ClearMash Platform.
1.2. "Developers Platform" means ClearMash's proprietary web-based platform intended to assist our customers' developers in the operation of the Main Platform.
1.3. "Main Platform" means ClearMash's proprietary web-based, AI-driven knowledge-management Platform, that turns static company knowledge bases into actionable guidance, providing workflows, visual step-by-step instructions and intelligent alerts, to shorten resolution times, boost compliance, and improve customer satisfaction.
1.4. "Output" means any metadata, insights, reports, or other information the ClearMash Platforms generate based on the Customer Data.
1.5. "Support Platform" means ClearMash's proprietary web-based platform intended to assist our customers' employees in the operation of the Main Platform
2. Grant of License; Restrictions
2.1. Subject to these Terms, ClearMash grants you a limited, non-exclusive, worldwide, non-sublicensable, non-transferable, and revocable license to access and use the ClearMash Platforms (the "License"). you may use the ClearMash Platforms for your organization's internal business and organizational purposes only. All rights not specifically granted to you herein are exclusively reserved to ClearMash.
2.2. To access the ClearMash Platforms, you must login to your designated account. Unless otherwise permitted by us, you are prohibited from selling or transferring your user account in any way to another user, within or outside your organization. You are liable for any activity performed on or through your user account.
2.3. User account access permissions to the ClearMash Platforms and their features will be determined and managed solely by you (or your organization), not by ClearMash
2.4. When using the ClearMash Platforms, you must not, and must not allow others to: (i) attempt to circumvent, bypass, or deactivate security or protection measures of the ClearMash Platforms; (ii) use the ClearMash Platforms to develop or create an application, website, or any other product similar to, or competing with, the ClearMash Platforms; (iii) use the ClearMash Platforms, or any part thereof, for the purpose of benchmarking, performance testing, or comparing the ClearMash Platforms with any other products or services; (iv) attempt to compromise information security on the ClearMash Platforms or in any network or server used by Company, attempt to uncover information security vulnerabilities, or attempt to engage in any form of probing, scanning, crawling, robotic navigating, or hacking of the ClearMash Platforms; (v) attempt to access the ClearMash Platforms, download any information, or use any information on the ClearMash Platforms through an automated or mechanized process; (vi) attempt to activate or access features or capabilities that are undocumented, not ordinarily accessible, or deactivated in the ClearMash Platforms; (vii) attempt to engage in reverse-engineering, disassembling, or decompiling of the ClearMash Platforms; (viii) use the ClearMash Platforms in any manner that may give rise to a criminal offense, civil tort, infringement, or violation of the rights of any third party; (ix) attempt to burden or interfere with the operation of the systems related to the operation of the ClearMash Platforms; (x) use the ClearMash Platforms to send or introduce into the Company or any third party's system, any virus, worm, Trojan horse or other malicious or harmful code or attachment; (xi) use the ClearMash Platforms for or in connection with any action that may encourage or constitute a threat, harassment, or fraud, or in connection with any high-risk activity (including, without limitation, life-support systems, emergency services, air traffic control, nuclear facilities, or any other use where failure or malfunction could reasonably result in death, personal injury, or severe damage); (xii) use the ClearMash Platforms to send unsolicited or unauthorized messages; (xiii) perform any action that may violate any applicable anti-spam and electronic communications laws and regulations.
We may (but are under no obligation to) employ technological measures to detect and prevent fraudulent or abusive use of the ClearMash Platforms. We may suspend or block you access to the ClearMash Platforms upon written notice, if we, in our sole discretion, suspect that you have abused your right to use the ClearMash Platform under these Terms.
3. Customer Data
You are solely liable for the Customer Data you provide us with. By providing Customer Data to us, you represent and warrant that the Customer Data: (i) only includes true, accurate, and complete details. You acknowledge that false, incorrect, or outdated information may impair our ability to provide you with our services; (ii) does not contain any confidential information of third parties, including your customers; (iii) does not infringe any third-party rights, including intellectual property rights; (iv) does not include any personal data, unless your organization explicitly authorized you to do so; and (v) does not include any content that is harmful or that may constitute or give rise to a criminal offense or a civil tort.
4. Intellectual Property
4.1. All rights, title, and interest in and to the Platforms, including all content therein (and except for Customer Data and Output), 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 Platforms, are the exclusive property of ClearMash or our licensors. This includes our databases and the ClearMash Platforms’ design, graphics, computer code, algorithms, and “look and feel” (collectively: “Proprietary Content”).
4.2. 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.
4.3. You may provide us with feedback and reviews, including information pertaining to bugs, errors, and malfunctions of the ClearMash Platforms, performance of the ClearMash Platforms, or any enhancements, changes, or additions to the ClearMash Platforms 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.
4.4. If you find any content on the ClearMash Platforms to infringe your own or third parties' copyrights, you may submit a content removal request, in accordance with our Copyright Policy.
5. Availability; Changes to the ClearMash Platforms and Discontinuation
5.1. We will make efforts to have the ClearMash Platforms available and operate without errors, on a 24/7 basis. However, the availability, quality, and functionality of the ClearMash Platforms 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 Platforms 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.
5.2. We may change, improve, and adopt new features for the ClearMash Platforms, such as by modifying the structure, layout, design, or display, as well as the scope and availability of the ClearMash Platforms and the content therein. Changes to the ClearMash Platforms may result in glitches or cause some inconvenience.
5.3. We may, in our sole discretion, permanently or temporarily discontinue some or all of the ClearMash Platforms for any reason and at any time, subject to reasonable prior notice to you.
6. Disclaimers
6.1. THE CLEARMASH PLATFORMS ARE 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 PLATFORMS, 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.
6.2. SOME OF THE OUTPUT GENERATED BY THE CLEARMASH PLATFORMS IS GENERATED USING ARTIFICIAL INTELLIGENCE (AI). THE FIELD OF AI AND MACHINE LEARNING IS CONSTANTLY EVOLVING, CHANGING, AND IMPROVING. ALTHOUGH WE MAKE CONSTANT EFFORTS TO IMPROVE THE QUALITY AND ACCURACY OF THE CLEARMASH PLATFORMS' OPERATIONS, DUE TO THE NATURE OF SUCH TECHNOLOGY, WE CANNOT GUARANTEE THAT THE OUTPUT WILL ALWAYS BE ACCURATE, COMPLETE, OR CORRECT. WE DISCLAIM ANY WARRANTY IN RELATION TO OR LIABILITY FOR ERRORS OR OMISSIONS IN THE OUTPUT GENERATED BY THE CLEARMASH PLATFORMS.
6.3. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND RELEVANCE OF THE OUTPUT. YOUR USE OF, AND RELIANCE UPON, THE CLEARMASH PLATFORMS AND THE OUTPUT SHALL BE SOLELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR IN RELATION TO YOUR USE OF THE CLEARMASH PLATFORMS AND OUTPUT.
7. 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.
IF, DESPITE THE FOREGOING DISCLAIMER, YOU HAVE ANY BASIS FOR RECOVERY OF DIRECT DAMAGES FROM US, THEN OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED U.S. $5.00.
8. Privacy
We respect your privacy. Our Platform Privacy Policy explains our privacy practices in relation to the Main Platform, and our Support Platform Privacy Policy explains our privacy practices in relation to the Support Platform, in accordance with the instructions we receive from your organization. We encourage you to read them carefully.
Please note that your use of the ClearMash Platforms may be subject to your organization's internal privacy policies. You are solely responsible for adhering to such policies.
9. 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 Platforms or these Terms lies within the courts of the Tel Aviv district, Israel.
10. Miscellaneous
10.1. Order of precedence. In the event of any conflict between the Master Services Agreement and these Terms, the provisions of the Master Services Agreement shall prevail.
10.2. Accessibility. The ClearMash platforms are designed and developed to conform, in all material respects, to the Web Content Accessibility Guidelines (WCAG) Level AA standard. The Company will use commercially reasonable efforts to maintain such conformance throughout the Term.
10.3. 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.
10.4. 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.
10.5. 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.
10.6. 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
These General Terms of Use (the "Terms") govern your use of the Main Platform, the Support Platform, and the Developers Platform (as defined below), and they form a binding agreement between you – an authorized user designated by your organization, and ClearMash Solutions Ltd. ("ClearMash" or "we", "us", "our"). All three platforms will be referred to together hereinafter as the "ClearMash Platforms".
Please read these Terms carefully before using the ClearMash Platforms. By using the ClearMash Platforms, you indicate that you accept and agree to these Terms and to the applicable Privacy Policies. If you do not agree to these Terms in their entirety, you must not use the ClearMash Platforms.
These Terms may be amended from time to time to reflect modifications to the ClearMash Platforms, comply with applicable law, prevent abusive use of the ClearMash Platforms, or under any other circumstance we deem necessary in light of our experience in communicating with you and other users. We will post any change to these Terms on the ClearMash Platforms a reasonable time in advance of the effective date of the change, and we will also make efforts to proactively notify you of the changes. Your continued use of the ClearMash Platforms after the effective date of the amended Terms constitutes your consent to the amended Terms.
If you have any questions, comments, or concerns regarding these Terms or the use of the ClearMash Platforms, please contact us through our online contact form or email us at legal@clearmash.com.
1. Definitions
1.1. "Customer Data" means any data derived automatically from your organization's systems and any data you manually upload to the ClearMash Platform or modify using the ClearMash Platform.
1.2. "Developers Platform" means ClearMash's proprietary web-based platform intended to assist our customers' developers in the operation of the Main Platform.
1.3. "Main Platform" means ClearMash's proprietary web-based, AI-driven knowledge-management Platform, that turns static company knowledge bases into actionable guidance, providing workflows, visual step-by-step instructions and intelligent alerts, to shorten resolution times, boost compliance, and improve customer satisfaction.
1.4. "Output" means any metadata, insights, reports, or other information the ClearMash Platforms generate based on the Customer Data.
1.5. "Support Platform" means ClearMash's proprietary web-based platform intended to assist our customers' employees in the operation of the Main Platform
2. Grant of License; Restrictions
2.1. Subject to these Terms, ClearMash grants you a limited, non-exclusive, worldwide, non-sublicensable, non-transferable, and revocable license to access and use the ClearMash Platforms (the "License"). you may use the ClearMash Platforms for your organization's internal business and organizational purposes only. All rights not specifically granted to you herein are exclusively reserved to ClearMash.
2.2. To access the ClearMash Platforms, you must login to your designated account. Unless otherwise permitted by us, you are prohibited from selling or transferring your user account in any way to another user, within or outside your organization. You are liable for any activity performed on or through your user account.
2.3. User account access permissions to the ClearMash Platforms and their features will be determined and managed solely by you (or your organization), not by ClearMash
2.4. When using the ClearMash Platforms, you must not, and must not allow others to: (i) attempt to circumvent, bypass, or deactivate security or protection measures of the ClearMash Platforms; (ii) use the ClearMash Platforms to develop or create an application, website, or any other product similar to, or competing with, the ClearMash Platforms; (iii) use the ClearMash Platforms, or any part thereof, for the purpose of benchmarking, performance testing, or comparing the ClearMash Platforms with any other products or services; (iv) attempt to compromise information security on the ClearMash Platforms or in any network or server used by Company, attempt to uncover information security vulnerabilities, or attempt to engage in any form of probing, scanning, crawling, robotic navigating, or hacking of the ClearMash Platforms; (v) attempt to access the ClearMash Platforms, download any information, or use any information on the ClearMash Platforms through an automated or mechanized process; (vi) attempt to activate or access features or capabilities that are undocumented, not ordinarily accessible, or deactivated in the ClearMash Platforms; (vii) attempt to engage in reverse-engineering, disassembling, or decompiling of the ClearMash Platforms; (viii) use the ClearMash Platforms in any manner that may give rise to a criminal offense, civil tort, infringement, or violation of the rights of any third party; (ix) attempt to burden or interfere with the operation of the systems related to the operation of the ClearMash Platforms; (x) use the ClearMash Platforms to send or introduce into the Company or any third party's system, any virus, worm, Trojan horse or other malicious or harmful code or attachment; (xi) use the ClearMash Platforms for or in connection with any action that may encourage or constitute a threat, harassment, or fraud, or in connection with any high-risk activity (including, without limitation, life-support systems, emergency services, air traffic control, nuclear facilities, or any other use where failure or malfunction could reasonably result in death, personal injury, or severe damage); (xii) use the ClearMash Platforms to send unsolicited or unauthorized messages; (xiii) perform any action that may violate any applicable anti-spam and electronic communications laws and regulations.
We may (but are under no obligation to) employ technological measures to detect and prevent fraudulent or abusive use of the ClearMash Platforms. We may suspend or block you access to the ClearMash Platforms upon written notice, if we, in our sole discretion, suspect that you have abused your right to use the ClearMash Platform under these Terms.
3. Customer Data
You are solely liable for the Customer Data you provide us with. By providing Customer Data to us, you represent and warrant that the Customer Data: (i) only includes true, accurate, and complete details. You acknowledge that false, incorrect, or outdated information may impair our ability to provide you with our services; (ii) does not contain any confidential information of third parties, including your customers; (iii) does not infringe any third-party rights, including intellectual property rights; (iv) does not include any personal data, unless your organization explicitly authorized you to do so; and (v) does not include any content that is harmful or that may constitute or give rise to a criminal offense or a civil tort.
4. Intellectual Property
4.1. All rights, title, and interest in and to the Platforms, including all content therein (and except for Customer Data and Output), 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 Platforms, are the exclusive property of ClearMash or our licensors. This includes our databases and the ClearMash Platforms’ design, graphics, computer code, algorithms, and “look and feel” (collectively: “Proprietary Content”).
4.2. 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.
4.3. You may provide us with feedback and reviews, including information pertaining to bugs, errors, and malfunctions of the ClearMash Platforms, performance of the ClearMash Platforms, or any enhancements, changes, or additions to the ClearMash Platforms 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.
4.4. If you find any content on the ClearMash Platforms to infringe your own or third parties' copyrights, you may submit a content removal request, in accordance with our Copyright Policy.
5. Availability; Changes to the ClearMash Platforms and Discontinuation
5.1. We will make efforts to have the ClearMash Platforms available and operate without errors, on a 24/7 basis. However, the availability, quality, and functionality of the ClearMash Platforms 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 Platforms 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.
5.2. We may change, improve, and adopt new features for the ClearMash Platforms, such as by modifying the structure, layout, design, or display, as well as the scope and availability of the ClearMash Platforms and the content therein. Changes to the ClearMash Platforms may result in glitches or cause some inconvenience.
5.3. We may, in our sole discretion, permanently or temporarily discontinue some or all of the ClearMash Platforms for any reason and at any time, subject to reasonable prior notice to you.
6. Disclaimers
6.1. THE CLEARMASH PLATFORMS ARE 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 PLATFORMS, 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.
6.2. SOME OF THE OUTPUT GENERATED BY THE CLEARMASH PLATFORMS IS GENERATED USING ARTIFICIAL INTELLIGENCE (AI). THE FIELD OF AI AND MACHINE LEARNING IS CONSTANTLY EVOLVING, CHANGING, AND IMPROVING. ALTHOUGH WE MAKE CONSTANT EFFORTS TO IMPROVE THE QUALITY AND ACCURACY OF THE CLEARMASH PLATFORMS' OPERATIONS, DUE TO THE NATURE OF SUCH TECHNOLOGY, WE CANNOT GUARANTEE THAT THE OUTPUT WILL ALWAYS BE ACCURATE, COMPLETE, OR CORRECT. WE DISCLAIM ANY WARRANTY IN RELATION TO OR LIABILITY FOR ERRORS OR OMISSIONS IN THE OUTPUT GENERATED BY THE CLEARMASH PLATFORMS.
6.3. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND RELEVANCE OF THE OUTPUT. YOUR USE OF, AND RELIANCE UPON, THE CLEARMASH PLATFORMS AND THE OUTPUT SHALL BE SOLELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR IN RELATION TO YOUR USE OF THE CLEARMASH PLATFORMS AND OUTPUT.
7. 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.
IF, DESPITE THE FOREGOING DISCLAIMER, YOU HAVE ANY BASIS FOR RECOVERY OF DIRECT DAMAGES FROM US, THEN OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED U.S. $5.00.
8. Privacy
We respect your privacy. Our Platform Privacy Policy explains our privacy practices in relation to the Main Platform, and our Support Platform Privacy Policy explains our privacy practices in relation to the Support Platform, in accordance with the instructions we receive from your organization. We encourage you to read them carefully.
Please note that your use of the ClearMash Platforms may be subject to your organization's internal privacy policies. You are solely responsible for adhering to such policies.
9. 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 Platforms or these Terms lies within the courts of the Tel Aviv district, Israel.
10. Miscellaneous
10.1. Order of precedence. In the event of any conflict between the Master Services Agreement and these Terms, the provisions of the Master Services Agreement shall prevail.
10.2. Accessibility. The ClearMash platforms are designed and developed to conform, in all material respects, to the Web Content Accessibility Guidelines (WCAG) Level AA standard. The Company will use commercially reasonable efforts to maintain such conformance throughout the Term.
10.3. 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.
10.4. 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.
10.5. 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.
10.6. 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.