terms

Terms Of Use

Please read the following Terms of Use carefully before using this Site and/or the Services (both as defined below) so that you are aware of your legal rights and obligations with respect to PointFive Ltd. (“PointFive”, “we”, “our” or “us”) in connection with the use of: (i) the website https://pointfive.co/ and any other website that we operate (each, together with its sub-domains, content and services, a “Site”); and (ii) the PointFive’s . The Site and the PointFive’s services are individually and collectively referred to herein as the “Services”.

By accessing or using the Services, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use Rules, together with the Privacy Policy (the “Terms”). To the extent not prohibited under applicable law, you agree to waive the right to require an original (non-electronic) signature, delivery or retention of non-electronic records. If you do not agree to be bound by this Terms please do not access or use the Services.

Ability to Accept

By using the Services you affirm that you are over fourteen (14) years of age. If you are between the age of fourteen (14) and eighteen (18) years then, prior to using the Services, you must first review these Terms with your parent or guardian to make sure that you and your parent or guardian understand these Terms and agree to them.

Services License. Subject to these Terms, we hereby grant you:
1. A personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license (“License”) to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.
2. A personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable License to visit and use the Site and PointFive’s services.
3. License Restrictions. You agree not to, and shall not permit any third party to: (i) transfer (by sale, resale, license, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein or in any commercial agreement with us; sublicense, redistribute, lease, lend or rent the Services; (ii) make the Services available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Services; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the Services or any part thereof without our prior written authorization; (v) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Services; (vii) use any communications systems provided by the Services to send unauthorized and/or unsolicited commercial communications; (viii) use the PointFive name, logo or trademarks without our prior written consent; (ix) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Services; and/or (x) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms.
Intellectual Property Rights.
1. Ownership. The Services are licensed and not sold to you under these Terms and you acknowledge that PointFive and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the Services (and its related software). We reserve all rights not expressly granted herein to the Services. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
2. Content and Marks. The content on the Services, including without limitation, the text, information, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”), and the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials and feedback or material provided to the PointFive by you or other users, collectively the “Content”), is the property of PointFive and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “PointFive” and the PointFive logo are Marks of PointFive and its affiliates. All other Marks used on the Services are the trademarks, service marks, or logos of their respective owners.
3. Use of Content. Content on the Services is provided to you “as is” for your personal use only and may not be used, copied, modified distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
Privacy

We will use any personal information that we may collect or obtain in connection with the Services in accordance with our privacy policy which is available at https://pointfive.co/legal/privacy/ (“Privacy Policy”), and you agree that we may do so. Notwithstanding, you are aware that you are not legally obligated to provide us personal information, and you hereby confirm that providing us personal information is at your own free will. Please also be aware that certain personal information and other information provided by you in connection with your use of the Services may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access.

Third Party Sources and Content
1. The Services may enable you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us (“Third Party Content”). The Services may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third party websites and services; and (ii) our partners and customers.
2. We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content.
3. You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against PointFive, and release PointFive from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source.
Warranty Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE SERVICES.YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SERVICES BY A THIRD PARTY.

General
1. Governing Law and Disputes.
  1. Israeli Citizens. For the Israeli citizens these Terms shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Yaffo, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
  2. Non-Israeli Citizens. For all other Citizens these Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of Laws provisions. The Federal courts located in New York City, New York shall have exclusive jurisdiction over, and shall be the exclusive venue for resolution of, any dispute, claim or controversy of any nature arising out of or relating to this Agreement.
  3. If you have any questions, complaints, or claims regarding the Services, please contact PointFive at:

Email: privacy@pointfive.co

Address: 114 Yigal Alon St. Tel Aviv-Yafo, Israel

Last updated: May 20, 2024