KTrust Website Terms of Use

Welcome to www.ktrust.io (together with its subdomains, Content, Marks (as such terms defined below) and services, the “Site”). Please read the following KTrust Website Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to K8Trust Ltd. (“KTrust”, “we”, “our” or “us”). By accessing or using the Site, 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 KTrust Website Terms of Use, together with our privacy policy which is hereby incorporated into these terms by reference (collectively, the “Terms”) (the date of such acceptance, the “Effective Date”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms, please do not access or use the Site.   

1. Background. The Site is intended to provide general information regarding KTrust, its products and services. 
2. Modification. We reserve the right, at our discretion, to modify these Terms at any time. Such a modification will be effective 10 days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those modifications.
3. Ability to Accept Terms. The Site is only intended for individuals aged 18 years or older. If you are under 18 years, please do not visit or use the Site.
4. Site Access. For such time as these Terms are in effect, we hereby grant you a personal, limited, non-exclusive, non-assignable, non-sublicensable and revocable right to to access, visit and use the Site solely for your own personal and non-commercial use, and provided that you comply with these Terms and applicable law. Except for the foregoing right, we do not grant you any right or licenses to any of our or a third party’s Intellectual Property Rights (as defined below).
5. Restrictions. As a condition to your right to visit, access and use the Site, you shall not (and shall not permit or encourage any third party to) do any of the following: (i) copy, distribute, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt or modify any part of the Site without our prior written authorization or otherwise attempt to discover the source code or non-literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization and interfaces) of the Site; (ii) use, create derivative works of, transfer (by sale, resale, license, sublicense, download, assignment, leasing, lending, rent or otherwise) to any third party, or otherwise offer or use the Site in a time-sharing, outsourcing or service bureau environment, reproduce, make available, display or disclose Content, except as expressly authorized herein; (iii) remove or conceal, in whole or in part, any copyright, trademark or other proprietary rights notice or legend displayed or contained on or in the Site; (iv) disrupt servers or networks connected to the Site; (v) use, publish, transmit or launch any automated system (including without limitation, “robots”, “spiders”, virus, malware, Trojan horse, spyware or similar malicious item intended (or that has the potential) to damage or disrupt the Site) to access the Site; (vi) circumvent or disable with security-related or technical features of the Site or protocols of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (vii) use the Site to develop any service or product that is the same as (or substantially similar to or competitive with) the Site; (viii) take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on the Site infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of the Site; and/or (ix) use the Site to infringe, misappropriate or violate any third party’s Intellectual Property Rights, or any law. 
6. Payments to KTrust. Except as expressly set forth in these Terms, your general right to access and use the Site is currently for free, but we may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site.
7. Intellectual Property Rights
   1. The (i) content and information on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features and services (collectively, the “Content”); and (ii) the trademarks, service marks, trade names, service names, trade dress, symbols, brands, and logos (”Marks”) contained therein, are the property of KTrust and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “KTrust”, the KTrust logo, and other marks are Marks of KTrust or its affiliates. All other Marks used or appearing on the Site are the Marks of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content. “Intellectual Property Rights” means all the intangible legal rights, titles, and interest embodied in or connected or related to: (i) any and all patents (whether in the form of utility patents or design patents), patent application (whether pending or not), and patent disclosures, together with all reissuances, continuations, continuations-in-part, revisions, extensions, and reexaminations thereof; (ii) all Marks corporate names, together with all translations, adaptations, derivations, and combinations thereof, which have been, or which may be, registered in the future and all applications, registrations, and renewals in connection therewith, and all goodwill associated therewith; (iii) all copyrightable works, copyrights, which have been, or which may be, registered in the future (including the moral rights) and all applications, registrations, and renewals in connection therewith; (iv) all inventions, trade secrets and confidential information; (v) all other proprietary rights, industrial rights, commercial rights and any other similar rights, all of the above on a worldwide basis; and (vi) all causes of action for infringement of all of the foregoing.  
   2. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, 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. 
    
8. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
9. Linking. KTrust permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with KTrust or present any false information about KTrust and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website (“Third Party Website”) which prohibited linking to third parties; (v) such Third Party Website does not contain content that: (a) is offensive or controversial (both at our discretion); or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law. 
10. Third Party Content. The Site may present, or otherwise allow you to view, access, link to and/or interact with, Content from third parties and other sources that are not owned or controlled by us (such Content, “Third Party Content”). The Site may also enable you to communicate with the related third parties. The display or communication to you of such Third Party Content does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by us of such Third Party Content or third party, or by such third party of us, and nor any affiliation between us and such third party. We do not assume any responsibility or liability for Third Party Content, or any third party’s terms of use, privacy policies, actions, omissions, or practices. Please read the terms of use and privacy policy of any third party that you interact with before you engage in any such activity.
11. Privacy. We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at [*]. You agree that we may use personal information that you provide or make available to us in accordance with the privacy policy.
12. Warranty Disclaimers
    1. This Section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.  
    2. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  KTRUST HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  KTRUST DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT KTRUST WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY. 
    3. IN ADDITION, NEITHER KTRUST NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF THE SITE; (B) THAT YOUR USE OF, OR RELIANCE UPON, THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED; OR (D) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY GOVERNMENT REGULATIONS OR STANDARDS.
    4. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, KTRUST DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
13. Limitation of Liability
    1. KTRUST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF KTRUST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
    2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KTRUST FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE LOWER OF: (A) US $5; AND (B) THE AMOUNTS ACTUALLY PAID BY YOU (IF ANY) TO KTRUST FOR USING THE SITE DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU BRING YOUR CLAIM.
    3. THE FOREGOING LIMITATIONS SHALL APPLY: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (B) EVEN IF KTRUST HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (C) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (D) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, OR OTHER CONTRACT OR TORT LIABILITY.
      
14. Indemnity. You agree to defend, indemnify and hold harmless KTrust and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; or (ii) your violation of these Terms.
15. Term and Termination. These Terms commence on the Effective Date and shall continue in full force and effect until terminated in accordance herewith. We reserve the right to immediately terminate these Terms, or otherwise modify, suspend or discontinue your access to and use of the Site (or any part thereof), for any reason whatsoever, at any time, and without notice or obligation to you, and you agree that KTrust shall have no liability to you or any third party for any such termination, modification, suspension or discontinuance. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site and your right to access and use the Site will automatically terminate and be deemed revoked. This Section ‎16 and Sections ‎8 (Intellectual Property Rights), ‎12 (Privacy), ‎13 (Warranty Disclaimers), ‎14 (Limitation of Liability), ‎15 (Indemnity) and ‎17 (Assignment) to 19 (General) shall survive termination of these Terms.
16. Assignment. KTrust may assign these Terms (or any of its rights and/or obligations hereunder) without your consent, and without notice or obligation to you. These Terms are personal to you, and you shall not assign (or in any other way transfer) these Terms (or any of your obligations or rights hereunder) without KTrust’s express prior written consent. Any prohibited assignment shall be null and void.
17. Governing Law. These Terms (including without limitation its validity and formation) shall be governed by, and construed in accordance with, the laws of the State of Israel, without regard to any conflicts of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to these Terms and are hereby disclaimed. The competent courts of the city of Tel Aviv-Yaffo shall have exclusive jurisdiction with respect to any dispute and action arising under or in relation to these Terms. 
18. General. You and KTrust are independent contractors and nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and KTrust. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of KTrust. These Terms shall constitute the entire agreement between you and KTrust concerning the Site. You acknowledge and agree that in entering into these Terms you have not relied on any statement or representation (whether negligently or innocently made) not expressly set out in these Terms; for example, statements and explanations in any FAQs or other marketing material on the Site are for convenience only and are not binding or a part of these Terms. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last Updated: January 2024