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Terms of Service

Last Updated: August, 2024

1. Introduction

Welcome to APIGene! By accessing or using our services, you agree to comply with and be bound by the following terms and conditions. These Terms of Service (“Terms”) are a binding agreement between you and APIGene (“we,” “us,” or “our”). By using our services, you agree to all the terms listed below.

2. Use of Services

APIGene grants you a non-exclusive, non-transferable license to use our services for your internal business purposes. You agree not to use the services for any illegal or unauthorized purpose.

2.1 Account Setup

To use APIGene services, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account information and are liable for all activities that occur under your account.

2.2 Third-Party Account Integration

APIGene may allow you to access the services through third-party accounts (e.g., Google). By using APIGene through these accounts, you permit us to access certain information from such accounts.

3. User Responsibilities

You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify APIGene immediately of any unauthorized use of your account. You must not misuse the services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions provided by us.

3.1 Acceptable Use Policy

You agree not to use the services for any activity that is illegal, harmful, or violates the rights of others, including but not limited to intellectual property rights, privacy rights, or any other third-party rights.

4. Subscription to the Platform

Subject to your compliance with these Terms and payment of applicable fees specified in your Subscription Order, if and as applicable, Superwise hereby grants you, a non-exclusive, non-transferable, non-sublicensable, and revocable right to remotely access (including on a SaaS basis) the Platform during the Term (as defined below), solely for your internal purposes. “Subscription Order” means Superwise’s electronic form that you entered into, by clicking and/or execution, as applicable, for the provision of the Platform.

5. Subscription Fees

Your access to and use of the Platform is subject to payment of the subscription fees and terms set forth in the Subscription Order. Unless stated otherwise in a Subscription Order (i) prior to the commencement of a renewal term specified in the Subscription Order (“Renewal Term“), we reserve the right to change our subscription fees and you shall be informed of such changes via an email and/or a notification on the Platform prior to such changes; (ii) all fees are stated, and shall be paid, in US Dollars, are non-refundable and are exclusive of all taxes, levies, or duties, which are your responsibility.

6. Starter Subscription Plan

We may offer a free-of-charge starter subscription plan, a trial period, or other promotional coupons to the Platform (“Starter Subscription Plan“). We may stop the Starter Subscription Plan at any time. You acknowledge and agree that these Terms are applicable and binding upon you during your use of the Starter Subscription Plan.

7. Data Privacy

We respect your privacy and are committed to protecting your personal information. Our Privacy Policy explains how we collect, use, and share your information. By using APIGene, you agree to the collection and use of information as outlined in the Privacy Policy.

8. Intellectual Property

All content, trademarks, and data on this website, including but not limited to software, text, graphics, and logos, are the property of APIGene or its content suppliers and are protected by intellectual property laws.

8.1 User-Generated Content

If you submit any content (e.g., feedback, suggestions, or data) through our services, you grant APIGene a worldwide, non-exclusive, royalty-free license to use, copy, modify, and distribute your content for any purpose related to the operation, improvement, and development of our services.

9. Limitation of Liability

APIGene is not liable for any direct, indirect, incidental, or consequential damages arising from the use of or inability to use our services.

9.1 Disclaimer of Warranties

APIGene provides its services on an “as-is” and “as available” basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Modifications to the Terms

We reserve the right to modify these terms at any time. Your continued use of the services following any changes signifies your acceptance of the new terms. We will notify you of any material changes to the terms by posting a notice on our website or by sending you an email.

11. Governing Law and Dispute Resolution

For Customers whose principal place of business is located in the United States of America, these Terms shall be governed by the laws of the state of New York excluding rules as to choice and conflicts of law and the courts in the state of New York will have jurisdiction. For Customers whose principal place of business is located outside the United States of America, these Terms shall be governed by the laws of the state of Israel excluding rules as to choice and conflicts of law and the courts in Tel Aviv, Israel will have jurisdiction.

11.1 Arbitration and Class Action Waiver

By agreeing to these terms, you waive your right to participate in class action lawsuits or class-wide arbitration against APIGene.

11.2 Exceptions to Arbitration

Either party may assert claims in small claims court in New York, NY, or seek injunctive relief in any court of competent jurisdiction for the infringement or misappropriation of intellectual property rights.

12. Termination

APIGene may terminate or suspend your access to the services at any time, without prior notice, for conduct that we believe violates these terms or is harmful to other users of the services or us. Upon termination, your right to use the services will immediately cease.

12.1 Effects of Termination

Upon termination, you must cease all use of the services and delete any copies of content or materials obtained through the services.

13. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of using the services. Confidential information may include but is not limited to trade secrets, business plans, and any information marked or identified as confidential.

14. Miscellaneous

These terms constitute the entire agreement between you and APIGene concerning your use of the services. If any provision of these terms is deemed invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

14.1 Assignment

You may not assign, transfer, or delegate your rights or obligations under these terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these terms at our discretion.

14.2 Contact Information

If you have any questions or concerns about these terms, please contact us at support@apigene.ai.