Anima-EY Ltd. (“Anima” or “us,” “our,” “we“) a company incorporated in the State of Israel with Company No. 514978030, has developed an artificial intelligence solution designed to assist professional caretakers in screening sexual abuse in victims who are minors (“Solution“). Information about the Solution is available to you on this website (“Site“). These Terms of Service (the “Terms“) govern your access to and use of the Site and all Content (as defined below) and services available through the Site, including without limitation, requests for demos and any informational material, if and as available from time to time (“Services“). Our Privacy Notice, available at https://www.anima-ey.com/privacy-policy (“Privacy Notice“) governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice).  The terms governing the Solution are as set forth in the applicable terms of service for the Solution. “You” means any individual visiting the Site and/or using the Services.

Please read these Terms carefully. Changes may be made to these Terms from time to time and your continued use of the Services following any changes to these Terms signifies your assent to the amended Terms. If you do not agree to any of these Terms, please do not use the Services.

1.      Use of the Services.

1.1.     You may use the Site, as well as the Content and Services provided through it in accordance with and subject to these Terms. Anima may, at its sole discretion and at any time, modify or discontinue providing any part of the Site and/or Services without notice.

1.2.     Use of the Services and access to the Site is void where prohibited by law, regulation or any other obligation. By using the Site and/or Services, you represent and warrant that (a) you are 18 years of age or older, and have the ability to form a binding contract; (b) your use of the Site and Services does not violate and shall be in compliance with all applicable laws and regulations and/or any obligation you may have to a third party; and (c) you have all right, title, license and consent required under applicable law to submit any User Content (as defined below) to the Site.

2.          Content.

2.1.     Certain types of content may be made available through the Services. “Content” as used in these Terms means, collectively, all content on or made available through the Services, including any images, photos, pictures, videos, reports, or recommendations, and any modifications or derivatives of the foregoing. Anima allows you to contribute self-figure drawings made by minors (“Drawing“) and respond to a questionnaire in relation to the author of the contributed drawing (“Questionnaire“), for the purpose of improving the Services and Solution and for research purposes relating to the Solution. Any Drawing and response to a Questionnaire shall be referred to herein as “User Content“.

2.2.     Content on the Site comes from a variety of sources. You understand that Anima is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to this Content.

2.3.     ANIMA DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT. ANIMA DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO ANIMA’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.

3.      User Content Restrictions

3.1.   Anima has no obligation to accept, display, or maintain any User Content. Moreover, Anima reserves the right to remove and permanently delete any User Content uploaded by you, without notice and for any reason. You are and shall remain at all times fully and solely responsible for any User Content that you upload to the Services. Without derogating from anything in these Terms, you represent and warrant that (i) any User Content that you upload complies with applicable law; (ii) any User Content that you upload does not infringe or violate any third-party intellectual property rights, privacy or publicity rights, or moral or other rights; and (iii) you have all necessary rights, licenses, consents, and authorities required under applicable law (including relating to Personal Data of the Patients) to submit any User Content you upload, including to the Drawings and the data in connection with the Questionnaires. Except for Drawings and any data provided in connection with a Questionnaire, any User Content submitted through the Services shall not be considered confidential and may be disseminated by Anima without compensation to you.

3.2.   Without limiting the foregoing, you agree that you will not transmit, submit or upload any User Content or act in any way that:

3.2.1.restricts or inhibits use of the Services;

3.2.2.violates the legal rights of others, including defaming, abuse, stalking or threatening users or individuals;

3.2.3.infringes (or results in the infringement of) the intellectual property, moral, publicity, privacy, or other rights of any third party;

3.2.4.is (or you reasonably believe or should reasonably believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;

3.2.5.does not comply with all applicable laws, rules and regulations;

3.2.6.imposes an unreasonably or disproportionately large load on our infrastructure; or

3.2.7.posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following:

3.2.7.1.            material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity),

3.2.7.2.            material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening,

3.2.7.3.            pornography or obscene material,

3.2.7.4.            any virus, worm, trojan horse, or other harmful or disruptive component; or

3.2.7.5.           anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.

3.3.   Anima may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means, provided however, that Anima reserves the right to treat User Content as content stored at the direction of users for which Anima will not exercise editorial control except when violations are directly brought to Anima’s attention.

4.      Use Restrictions. You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site and/or Services without our prior written authorization, including framing or mirroring any part of the Site and/or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Site and/or Services or features that prevent or restrict use or copying of any Content; (3) use the Site and/or Services and/or any Content in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, assessment search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site and/or Services; or (5) use the Site and/or Services in any manner not permitted by these Terms or applicable law.

5.      Intellectual Property.

5.1.   Anima, or as the case may be, its licensors, own the Site, Services, and all Content available therein, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights in the Site and/or Services and the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site and/or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Anima or any third party. If you provide Anima with any feedback regarding any content on the Site, Services and/or the solution, Anima may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

5.2.    You have all right, title and interest in the User Content you submit, subject to applicable law. By submitting or posting any User Content, you grant Anima and its successors and assignees a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, alter, and/or decompile such User Content on, through or in connection with the Site, for the purpose of improving the Solution.

6.      Disclaimers & Disclaimer of Warranty.

6.1.     All information and content posted on the Site is for informational purposes only and Anima provides no guarantees with respect thereto. Your use of the Site and/or Services is at your sole discretion and risk. The Services, content thereon, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Services will be of good quality or useful for your needs.

6.2.     WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE AND/OR SERVICES OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND/OR SERVICES; (II) THAT THE SITE OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE AND/OR SERVICES.

6.3.     No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

7.      Limitation of Liability.

7.1.     Without derogating from any of the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the Internet or on the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death and any injury or damage to any person’s property, including mobile device or computer, resulting from the conduct of any users of the Services, whether online or offline. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Anima, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.

7.2.     IN NO EVENT SHALL ANIMA OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR THE SERVICES, WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED AN AMOUNT OF $10.

8.      Indemnification. You agree to indemnify, defend, and hold harmless Anima and its employees, directors, officers, subcontractors and agents, against any and all claims, damages, costs or expenses (including attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer and/or mobile device; (b) any claim, loss or damage experienced from your use or attempted use of the Site and/or the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.

9.      Third-Party Content. The Site may provide you with third-party links to websites, applications, and services. We make no promises regarding any content, goods or services provided by such third parties and all use of third-party websites and applications is at your own risk. Additionally, we do not accept responsibility for any payments processed or submitted through such third-party websites and applications or for the privacy policies of such third parties. We do not endorse any products offered by third parties and we urge our users to exercise caution in using third-party websites or applications.

10.   Miscellaneous. These Terms shall be governed solely by the laws of the State of Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Anima or enables you to act on behalf of Anima. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided to us, as applicable.

Last updated: January, 2021