Terms & Conditions

These Terms and Conditions (the “Terms and Conditions”) govern your visit and use of Octopai B.I. LTD (the “Company”) website know as: www.octopai.com (the “Web Site”); all as set forth below.

Accessing, browsing, using or subscribing to the Web Site is subject to the Terms and Conditions herein, as well as to the Privacy Policy, which apply to all current and new users.

By accessing, browsing, using or subscribing to the Web Site, you acknowledge and agree that you have read, understood and agree to be bound by these Terms and Conditions, as well as the Privacy Policy.

1.          Access to the Web Site: any person visiting the Web Site is a “Visitor”. A Visitor may not enter restricted areas of the Web Site. A “User” is any person, who is, or wishes to become, an authorized registered user of the Web Site and who will be permitted access to the content including without limitation restricted areas of the Web Site; as shall be solely determined by us from time to time.

2.          Copyrighting and Trademarks:

2.1           OCTOPAI B.I. LTD, OCTOPAI INC.,OCTOPAI LOGO, and any other product or service name, design or slogan contained on the Web Site are trademarks owned by Company and/or its suppliers or licensors, and cannot be imitated, copied and/or used, in whole or in part.

2.2           All non-Company trademarks, service marks, product names and other names or logos mentioned on the Web Site are the property of their respective owners. All other material appearing on the Web Site is copyrighted and/or subject to other laws and all intellectual property rights therein are reserved. You cannot use any hidden texts and/or incorporate “Octopai” or any other name, trademark or product or service name of Company without our prior written permission.

2.3           The use (except as may be expressly authorized in writing) or misuse of any trademarks, trade names or logos from the Web Site is strictly prohibited.

2.4           Furthermore, without limitation of the foregoing and for the avoidance of doubt, you must abide by any and all additional copyright notices, trademark notices and any additional restrictions contained or posted on the Web Site.

2.5           All kind of substance, information, software and other material accessible by you through the Web Site may be protected by copyright (“Content”).

2.6           You may not copy, download, distribute or otherwise publish any Content protected by copyright.

2.7           Except as expressly provided herein, you undertake not to copy, distribute, publish, or create a derivative work from the Content and/or any part thereof.

3.          Content and Use of the Web Site:

3.1           You acknowledge and agree that the Content, Web Site, services offered thereon and any and all information provided therein contain proprietary and confidential information. You undertake not to copy, disclose, or use in any manner, information provided by or through the Web Site or services offered thereon.

3.2           You will not use access to the Web Site to copy, download, distribute or otherwise post any content which violates or infringes the rights of any persons, including but not limited to, rights in copyrights, patents, trademarks, trade secrets and other proprietary rights. You undertake to immediately notify us of any policy violations of the Web Site or the services offered therewith of which you become aware.

3.3           You will not violate any laws, third party rights and/or any of our policies; post false, inaccurate or misleading content; distribute viruses or any other technologies that may harm us, or the interests or property of others using the Web Site; copy, modify, distribute, sell or offer for sale any content from the Web Site; and harvest or otherwise collect information about other Visitors or Users, including email addresses. You may download or copy content accessed through the Web Site solely for personal use.

3.4           You will not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Web Site, nor to in any way interfere with the proper operation of the Web Site and/or the services offered t therewith.

3.5           You will not upload to, distribute or otherwise publish through the Web Site any content which is libelous, defamatory, obscene, pornographic, abusive or violates any law, or which contains viruses, “worms”, “Trojan horses” or any other harmful properties, or use the Web Site for, or to further, any illegal purposes and you will not use any robot, spider, scraper or other automated means to access the Web Site or any of its services offered therewith for any purpose.

3.6           Company reserves the right in our sole discretion to edit and/or change and/or modify and/or delete any content displayed, uploaded to, distributed or otherwise published through the Web Site.  

3.7           Any notices regarding changes to the Terms and Conditions, policies or other matters by us will be made by posting such notices on the Web Site.

3.8           You will not use our Web Site or any information contained there from to: (i) solicit and/or participate in any solicitation of our Visitors and/or Users when such solicitation is for the benefit of any entity which could reasonably be construed to be or to become competitive to us; or, (ii) for any commercial purposes which are not expressly sanctioned by a written agreement between us. Furthermore, you agree not to solicit any employee or consultant of us to leave us and/or not to renew such employee’s or consultant’s engagement with us, and you shall not hire and/or engage any such employee or consultant while such employee or consultant is employed or engaged by us.

3.9           The Web Site may contain hyperlinks to web sites operated by parties other than us. Such hyperlinks are provided for reference only. We do not control such web sites, and not responsible for their contents. Our inclusion of hyperlinks to such web sites does not imply any endorsement of the content posted in such web sites or may have any association with their operation.

3.10        We may run advertisements and promotions from third parties on our Web Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any losses and/or damages of any sort which may incurred to you as the result of any such dealings and/or as the result of the presence of such non- Company advertisers on our Web Site.

3.11        The Web Site includes or may include in the future discussion forums, user generated content, or other areas or services in which you and/or third parties may create, post, or store any content, messages, materials or other items on our Web Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through Web Site any content uploaded by you that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange.

4.          Disclaimer of Liability:

4.1           The information and content available and/or published on the Web Site may include inaccuracies and/or typographical errors. Periodically changes shall be made to such information on the Web Site. We and/or our respective suppliers may make improvements and/or changes to and on the Web Site at any time.

4.2           No representations are made regarding the Web Site and/or the suitability of the information and content available via the Web Site for any purpose. All information and content are provided on an “AS IS” basis and without warranty of any kind. In no event we may be liable for any losses of money, goodwill, reputation or any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the Web Site, reliance upon information and/or content made available, the delay or inability to make use of the Web Site including without limitation, due to a force majeure event, any cause or causes beyond its reasonable control or otherwise arising out of the Web Site, whether based on contract, tort, strict liability or otherwise, even if we may be advised of the possibility of damages and even if caused by or result from the negligence or a ‘bona fide‘ error on our part, officers, directors, agents, consultants and/or employees, or other fault, except as provided under these Terms and Conditions herein.

4.3           We disclaim any warranty or liability regarding the actions or omissions of Visitors and/or Users, including with respect to any information and data which may be posted by them.

5.          Indemnification: You undertake to indemnify and hold Company and any third party on its behalf harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney’s fees, arising out of, connected with or resulting from the Web Site or services offered thereon, transactions of or with Users, disputes with other Visitors and/or Users, these Terms and Conditions and any other policies as may be posted on the Web Site.

6.          Governing Law: These Terms and Conditions shall be governed by and interpreted in accordance with the law of the State of Israel without regard to conflict of law provisions. The competent courts in Tel-Aviv shall have exclusive jurisdiction over any claim relating to or arising out of these Terms of Service, its validity, effect or performance.

7.          Privacy Policy: Please refer to our Privacy Policy for information on how Company collects, uses, and discloses personally identifiable information from its users.

8.          Modification and Notices: We reserve the right to change and/or modify any of the Terms and Conditions herein and/or Privacy Policy of the Web Site at any time, and in its sole discretion upon posting notice on the Web Site which will be effective immediately upon posting of the revisions on the Web Site.

9.          If these Terms and Conditions or any future changes are unacceptable to you, you are to immediately exit the Web Site and terminate your subscription to the Web Site.  

10.       Termination: We may change or discontinue any aspect of the Web Site at any time, including, but not limited to, the availability of any of the Web Site’s features and/or services and/or content.

11.       User / Visitor Representations and Warranties: Without limiting any of the other representations and warranties made by You in these Terms and Conditions you represent and warrant that you will: (a) comply with any and all laws, rules and other regulations applicable in connection with the Web Site, (b) not interfere or disrupt networks connected to the Web Site, (c) not use the Web Site to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (d) not use or transmit through the Web Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; and (e) not interfere with another User’s use and enjoyment of the Web Site.

12.       Security: Company may use techniques to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you are suspected of fraud or other breach of these Terms and Conditions, we may, in our sole discretion, declare you to be in breach of these Terms and Conditions, suspend your use of the Web Site, terminate your use of the Web Site and/or seek prosecution against you to the fullest extent of the law.

13.       Miscellaneous:

13.1        Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to enforce at any time any of the provisions of these Terms and Conditions or exercise any of our rights, shall in no way be construed to be a waiver of such provision or right, nor shall it in any way affect the validity of these Terms and Conditions or any part thereof, or our right to enforce thereafter each and every provision.

13.2        Severability: To the extent any section of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions as reflected in these Terms and Conditions and the other sections of these Terms and Conditions shall remain in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to the Web Site and/or services offered thereon and/or the Terms and Conditions must be filed within six (6) months after such claim or cause of action or forever be barred.

13.3        Nothing in these Terms and Conditions shall constitute or be deemed to constitute a relationship of employer and employee, agency, partnership, joint venture or any other similar joint interest between you and us.

Contact Us: Please contact us with any questions you may have at [email protected] or (972)52-5370981. Terms and Conditions updated on July 25, 2022.