Last Modified: November 20, 2023

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Welcome to Darz (“Darz” “we,” or “us”). This page explains the terms by which you may use our services, website, and software provided on or in connection with the service (collectively, the “Service”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Use (the “Terms”), and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. Darz reserves the right to modify these terms and will provide notice of these changes as described below. This Terms applies to all visitors, users, and others who access the Service (“Users”).

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Please read thESE Terms carefully to ensure that you understand each provision.

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1. Eligibility

This is a contract between you and Darz. You must read and agree to these terms before using or accessing the Darz Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Darz, and only in compliance with this Terms and all applicable local, state, national, and international laws, rules and regulations. In addition to the forgoing, you represent and warrant that you are not a resident of (and will not use the Service in) a country that the U.S. government has embargoed for use of such Service, and that you are not named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations.

Any use of the Service by a User that is not eligible under and according to these Terms of Service, is prohibited and is at the own risk of such User.

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2. Limited License

Subject to the terms and conditions of this Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. All content shared within the site is not for external use.  Darz reserves all rights not expressly granted herein in the Service. Darz may terminate the use license at any time for any reason or no reason at its sole discretion.

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3. Use of Services

Whether you register an account on the Service or use the Service without registering an account, you may access the Service and functionality that we may establish and maintain from time to time and in our sole discretion subject to these Terms. We may maintain different types of accounts (“User Accounts”) for different types of Users. To access certain features or areas of the Service, you may be required to provide personal information as part of a registration or log-in process. By connecting to Darz, you give us permission to access and use your information and to store your log-in credentials for the Service.

When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date (this includes your contact information, so that we can reliably contact you). You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. You must notify Darz immediately of any breach of security or unauthorized use of your User Account. Darz will not be liable for any losses caused by any unauthorized use of your User Account.

By providing Darz your email address and other contact information, you consent to our using such contact information to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. Such notices may be provided to you by email, or any other contact form you may provide us with and you agree to receive such notices. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such notifications, you may opt out by providing us a notice. Opting out may prevent you from receiving notification including notices regarding updates, improvements, or offers.

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4. Changes to the Service

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Terms.

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5. Acceptable Use

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Darz servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Darz grants the operators of public search engines revocable permission to use spiders to copy publically available materials from Darz website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Service; (vi) interfering with the proper working of the Service; (vii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

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6. Our Proprietary Rights

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, patents, trademarks, service marks and copyrights (the “Darz Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Darz and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Darz Content. Use of the Darz Content for any purpose not expressly permitted by this Terms is strictly prohibited.

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7. Privacy

We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your information, including personally identifiable information and aggregate and/or anonymized data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in any country in which Darz or its service providers maintain facilities.

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8. Security

Darz uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

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9. Indemnity

You agree to defend, indemnify and hold harmless Darz and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, 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 and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

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10. No Warranty

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Darz or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Darz and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.

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11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Darz, its agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Darz be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

To the maximum extent permitted by applicable law, Darz assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iII) any interruption or cessation of transmission to or from the Service; AND (Iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party. In no event shall Darz, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Darz hereunder or $10,000, whichever is greater.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Darz has been advised of the possibility of such damage.

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12. Governing Law, Arbitration

12.1. Governing Law. You agree that: (i) the Service shall be deemed solely based in Israel; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Tel Aviv, Israel. These Terms shall be governed by the internal substantive laws of Israel, without respect to its conflict of laws principles.

12.2. Arbitration. Read this section carefully because it requires each of us to arbitrate our disputes and limits the manner in which you can seek relief from Darz. For any dispute with Darz, you agree to first contact us (according to our contact information below) and attempt to resolve the dispute with us informally. In the unlikely event that Darz has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to this Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration to be held in Tel Aviv by the Israeli Institute of Commercial Arbitration (IICA) and under its rules may be found at https://eng.borerut.com/rules/. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This Section shall not be interpreted as preventing Darz from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights. You agree that this arbitration provision will survive the termination of your relationship with Darz.

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13. General

13.1. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Darz without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

13.2 Notification Procedures and Changes to the Terms. Darz may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice or through posting of such notice on our website, as determined by Darz in our sole discretion. Darz reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Terms. Darz is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Darz may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

13.3. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Darz’s failure to assert any right or provision under this Terms shall not constitute a waiver of such right or provision.

13.4 Contact. Please contact us at info@darz.io with any questions regarding these Terms.