Kimonex Ltd. (“Kimonex“, “we” or “Company“) welcome you (“User” or “you”) to our website at http://kimonex.com (the “Site”) and service (“Service”). Our Site offers basic information on our company and technology. Our Service is a community based web platform that makes Bill Of Materials (BOM) management more powerful and easy than ever before. Each of the Site’s or Service’s Users may use the Site in accordance with the terms and conditions hereunder
1. Acceptance of the Terms
The Terms may be revised and updated from time to time, with or without any notice. Kimonex shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. Kimonex urges you to check the Last Revised date which appears at the top of the Terms and to review the Terms from time to time. You can review the most current version of the Terms at any time at: kimonex.com/terms-of-use
We, at Kimonex, are making every reasonable effort to provide you with the best user experience. Please note that the Platform is still in the Beta stage. This means that we are currently testing new service features and you may experience occasional issues with using the Platform and the use of Company’s Services. The Company does not warrant or guarantee that the Platform or any part thereof will operate error-free at all times and/or without disruption or interruption.
2. The Service and the Site
Kimonex is a BOM management solution dedicated to the design and engineering phase of product creation. The powerful, intuitive Web-based software allows design managers to analyze and optimize their product designs, incorporate real-time market information, and easily share data with suppliers and manufactures with their financial products and services. Users who wish to use the Service are asked to provide Kimonex with certain information regarding their products and services portfolio (“Data“). The Data is maintained in cloud-based solutions which provide a fast and flexible environment suitable for agile production methodologies. To unleash creative power, these cloud-based software solutions will be “user-centric”, making them enjoyable and efficient environments in which to design and manage products, no need in hardware or software installations, all reports are version-stamped for explicit version control and it is easy to share Online.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
4. User Representations and Undertakings
As a condition for your use of the Site, you hereby represent and warrant that:
- You will not infringe or violate any of the terms and conditions of the Agreement;
- You possess the legal authority to enter into this Agreement and to form a binding agreement under any applicable law, to use the Service in accordance with this Agreement and to fully perform your obligations hereunder;
- The execution of this Agreement does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
5. The Data and content you provide
When you provide any Data related to your BOM file to Kimonex, you represent and warrant that you have full authority to provide us with such Data. Kimonex no receive any ownership rights in and to the Data, however, by providing your Data to Kimonex, you hereby grant Kimonex, all in order to provide you and Kimonex’s Users’ with the Services.
6. Use Restrictions
There are certain conducts which are strictly prohibited on the Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein (as judged by us in our sole discretion), may result in the termination of your access to the Site and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
- Infringe or violate any of the Terms.
- Use the Site, Service and/or any interactions therein for any illegal, unlawful or unauthorized purposes.
- Use the Site/Service in any form of spam, unsolicited mail or similar conduct.
- Interfere with or violate other Users’ rights to privacy and other rights, or harvest or collect data and information about other Users without their express consent, whether manually or automatically with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access the Site/Service and retrieve, index and/or data-mine any information.
- Create a browser or border environment around Company Content (no frames or inline linking is allowed).
- Transmit or otherwise make available in connection with this Site and/or Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
- Frame or mirror any part of this Site and/or Service without the Company’s prior express written authorization.
- Create a database by systematically downloading and storing all or any of the ontent from this Site and/or Service.
- Interfere with or disrupt the operation of the Site/Service or the servers or networks that host the Site/Service, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks.
- Post, publish, or otherwise make available through the Site/Service any content, text or information that is abusive, harassing, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
- Impersonate any person or entity or provide false information on the Site/Service, whether directly or indirectly.
- Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Kimonex or any third party endorses you, your website, your business, or any statement you make, or present false or inaccurate information about the Site/Service.
- Transmit, distribute, display or otherwise make available through or in connection with the Service any content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content.
- Bypass any measures we may use to prevent or restrict access to the Site/Service.
- Copy, modify, alter, adapt, make available, translate, port, reverse engineer (or any similar action intended to reveal secrets or intellectual property), decompile, or disassemble any portion of the Site/Service in any way, unless permitted hereunder.
7. Intellectual Property
The Site, Service and the Intellectual Property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, “Intellectual Property“), are owned and/or licensed to Kimonex and subject to copyright and other applicable intellectual property rights under US laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Kimonex’s proprietary rights, including Kimonex’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms. Permission is granted to download and print materials from the Site/Service for the sole purposes of viewing, reading and retaining for reference and not for commercial use whatsoever.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Kimonex, including copyright mark [©] or trademark [® or ™], and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Kimonex’s marks and logos, whether registered or not.
The Service allows you to upload, post, publish and make available through it, your own copyrightable materials such as text, BOM and any other proprietary materials (the “User Generated Content“). Please be sure that while you use the Service you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you uploaded to the Site and/or Service. The Company will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content.
As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property. You understand and agree that you are solely responsible for your User Generated Content and the consequences of uploading such User Generated Content, on the Service, in any way.
You represent and warrant that you are the rightful owner of the User Generated Content you upload to the Service or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third party’s intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).
When you upload, post, publish or make available any User Generated Content on the Site and/or the Service, You grant to Company a non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, the User Generated Content only in order to provide you with the Service.
8. Trademarks and Trade names
“Kimonex” and all logos and other proprietary identifiers used by in connection with the Site (“Kimonex Trademarks”) are all trademarks and/or trade names of Kimonex, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on The Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to Kimonex Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Kimonex Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
9. Special provisions relating to Third Party Components
The Service may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Service is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Service and Company disclaims all liability related thereto. You acknowledge that Company is not the author, owner or licensor of any Third Party Components, and that Company makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Service or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software. For a list and/or copyright notices and/or restriction of the open source and third party’s components please see Open Source Licenses.
11. Links to Third Party Websites
The Site/Service availability and functionality depends on various factors, such as communication networks, software, hardware and Kimonex’s service providers and contractors. Kimonex does not warrant or guarantee that the Kimonex will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
13. Changes to The Site and/or Service
Kimonex may change the Site/Service layout and design from time to time, and the availability of the Site, without giving any prior notice. You hereby agree and acknowledge that Kimonex is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
14. Disclaimer and Warranties
KIMONEX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE SERVICE FEATURED ON THE SITE, INCLUDING IN CONNECTION WITH ANY TAX OR LAWS AND REGULATIONS IN YOUR STATE OF RESIDENCE, OR ANY OTHER APPLICABLE LAWS AND REGULATIONS.
THE SITE/SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA, PRODUCTS, MARKETING MATERIALS AND ANY INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. KIMONEX AND THE KIMONEX AFFILIATES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, REPORTS, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY YOU RELATED TO YOUR USE OF THE SITE. KIMONEX DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED ON THE SITE/SERVICE. THE USE OF THE SITE/SERVICE IS ENTIRELY AT YOUR OWN RISK AND NEITHER KIMONEX NOR THE KIMONEX AFFILIATES SHALL HAVE ANY LIABILITY RELATING TO SUCH USE.
KIMONEX DOES NOT WARRANT THAT THE OPERATION OF THE SITE/SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS; KIMONEX MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SITE/SERVICE AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.
15. Limitation of Liability
IN NO EVENT SHALL KIMONEX, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (TOGETHER ” KIMONEX ‘ AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SITE, USE OR INABILITY TO USE THE SITE, FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF KIMONEX O TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF KIMONEX BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ANY OF KIMONEX’S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION MAY BE BROUGHT BY USER FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. PLEASE NOTE THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS MAY NOT APPLY TO USER.
THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. THE PARTIES AGREE THAT THESE LIMITATION OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR KIMONEX ‘S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.
16. Registration and User Account
Using the Site/Service at this point is entirely free of charge. Company will inform you prior to any change in this regard. The Sservice available on the Site requires you to open an account (the “Account“). The registration is free of charge. You must safeguard and not disclose your username and password of your Account and you must supervise the use of such Account. You must provide accurate and complete information of your Email address and name for creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. You are solely and fully responsible for any activities that occur under your Account.
If you wish to either change your user name or password to log-in to the Site and/or the Service or if you wish to terminate your Account you can contact us at: email@example.com. Your Account on the Site and/or the Service will terminate within a reasonable timeframe following your request, and from that date of termination you will no longer be able to access your Account. Your Account will be terminated with a reasonable timeframe.
17. Termination of Site’s operation
At any time, Kimonex may block your access to the Site/Service and/or temporarily or permanently limit your access to the Site/Service, at its sole discretion, in addition to any other remedies that may be available to Kimonex under any applicable law. Such actions by Kimonex may be taken if Kimonex deems that you have breached any of these Terms in any manner.
Additionally, Kimonex may at any times, at its sole discretion, cease the operation of the Site/Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Kimonex does not assume any responsibility with respect to, or in connection with the termination of The Site’/Service’s operation and loss of any data. The provisions of the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination or expiration of the Terms.
You agree to defend, indemnify and hold harmless Kimonex s Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site/Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
You further agree to indemnify, defend and hold Kimonex harmless from any and all expenses, costs and damages, including attorney’s fees, for any claims for bodily injury, death or other damage arising out of the use or operation of the Site.
19. Amendments to the Terms
You hereby agree and acknowledge to accept and to be bound by any of the changes made in the Terms and the accompanying policies. Should you continue to use the Site after the changes were made, it will indicate your acceptance to the new Terms. You are recommended to review the Terms from time to time, as they may change every once in a while.
a. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
b. These Terms, and the rights and remedies provided hereunder, and any and all claims, disputes and controversies arising hereunder or related hereto, their interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms, Kimonex’s advertising, or any related purchase shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles.
c. You expressly consent, and submit to the exclusive jurisdiction of and stipulate that venue shall be in the court of competent jurisdiction located in City of Tel Aviv, Israel for the adjudication or disposition of any claim, action or dispute arising directly or indirectly out of this Agreement or the Site. You further waive any objection to jurisdiction and venue of any action instituted hereunder, and further agrees not to assert any defense based on lack of jurisdiction or improper venue, including forum non convenience and agree that process may be served in a manner authorized by applicable law or court rule. YOU HEREBY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIAL BY JURY IN ANY LITIGATION IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THESE TERMS OR ANY RELATED TRANSACTION DOCUMENTS, OR THE VALIDITY, PROTECTION, INTERPRETATION OR ENFORCEMENT THEREOF. YOU AGREE THAT THIS SECTION IS A SPECIFIC AND MATERIAL ASPECT OF THIS AGREEMENT AND THAT KIMONEX WOULD NOT ENTER INTO THIS AGREEMENT IF THIS SECTION WERE NOT PART OF THESE TERMS.
d. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.
e. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
f. These Terms constitute the entire terms and conditions between you and Kimonex relating to the subject matter herein and supersedes any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between us, including, without limitation, those made by or between any of our respective representatives, with respect to the Site. You agree that no parol evidence shall be admitted in any judicial proceeding to establish any terms inconsistent with these Terms. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Kimonex in entering into these Terms.
g. The provisions of the, Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections, will survive the termination, or expiration of the Terms.
21. For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcomed to send us an email or otherwise contact us to the following address and we will make an effort to reply within a reasonable timeframe: firstname.lastname@example.org