CyberWell Ltd. (CC) (“CyberWell“, “us“, “our“, or “we“), a public benefit company incorporated in the State of Israel with Company No. 516545837, is dedicated to democratizing the fight against online antisemitism. CyberWell has developed and maintains a publicly available database platform of online antisemitism, available to you through this website (“Platform“). These Terms of Service (“Terms“) govern your access and use of the Platform and services available thereon, including without limitation, to view and/or report antisemitic content on social media, review informational materials, and request for demos, if and as available from time to time (“Services“). Our Privacy Notice, available at [Please insert link] (“Privacy Notice“) governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). “You” means an individual visiting the Platform and/or using the Services as a visitor and/or registered user, as applicable.
Please read these Terms carefully. By visiting our Platform or registering for our Services, as applicable, you agree to be bound by these Terms and Privacy Notice, as they may be amended from time to time. Your continued use of the Platform following any update shall be deemed acceptance of any such amended or updated terms.
If you are registering on behalf of any entity, organization, research center or company (“Company“), you represent that you are authorized to enter into and bind the Company to these Terms and register for the Services.
Use of Services
- Subject to these Terms, CyberWell allows you to access and use the Platform and Services on a non-exclusive basis for your own personal non-commercial purposes.
- Use of and access to the Services is void where prohibited by law. You represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years old, or else have your parent’s or guardian’s permission to enter these Terms, and have the ability to form a binding contract; (d) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, and these Terms throughout your use of the Platform and Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Company. The right to access the Services is revoked where these Terms or use of the Services is prohibited.
- Through the Services, you will be able to view certain Content (as defined below) regarding antisemitic content published by users on social media (“Antisemitic Content“). Without derogating from the disclaimers of warranties in these Terms, CyberWell uses reasonable commercial efforts to assess the Antisemitic Content and analyze whether it constitutes antisemitic content and/or whether it violates the community standards, hate speech and/or other applicable terms or policies of the third-party social media platform on which it was posted, in accordance with our Policy Guidelines, available at https://cyberwell.org/how-it-works/policy-guidelines/.
Notwithstanding the foregoing, if you believe we have wrongfully published Antisemitic Content which contains any inaccuracy, mistake and/or otherwise erroneous, please let us know by visiting https://app.cyberwell.org/index.php# and making an appeal through our Report and Error form or emailing [email protected].
- Reporting. In the future, we may further develop the Services to allow you to report antisemitic content you may encounter on social media (“Report“). Without derogating from the disclaimers of warranties and/or User Content restrictions in these Terms, CyberWell will use reasonable commercial efforts to assess the content of such Report and analyze it, as set forth in Section 1.3 above. Following such assessment, we may publish the Report on our Platform, and report the content subject of the Report to the relevant third-party social media platform, at our discretion. Subject to your consent, we may publish (i) your user-name as the source of the Report, and (ii) a link to your Company’s website (as provided), if applicable.
- In order to use all available Services, including the ability to Report (as may be available in the future), you will need to have a registered account. You can register by logging in through your Facebook, Google, Twitter or other third-party login account (“Login Account”) as may be permitted by CyberWell from time to time. By registering through a Login Account, you represent and warrant that such Login Account is yours and that you have full rights to use the Login Account in connection with the Services. To complete the registration process, you must provide all (additional) registration information that we may request. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with improved Services. Subject to applicable law, CyberWell may refuse to open an account for any individual or entity at its sole discretion.
- Age Requirements. If you are a minor in your jurisdiction, you must have your parent or legal guardian’s permission to create an account. Please have your parent or legal guardian read these Terms with you and consent to them before proceeding.
- Parents and Guardians. By granting your child permission to create an account, you agree to these Terms on behalf of your child. You are responsible for monitoring and supervising your child’s usage of the Service. If your child does not have your permission to use the Services, please contact us immediately so that we can disable his or her access.
- You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, CyberWell will not be liable for any losses or damages arising from unauthorized use of your account. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the Services.
Termination of Account
- CyberWell may suspend or terminate your account at any time by providing three (3) days’ prior notice. In addition, CyberWell may suspend or terminate your account with immediate effect and may take any other corrective action it deems appropriate upon occurrence of any of the following events: (i) violation of the letter or spirit of these Terms, (ii) behavior that is fraudulent, harassing, abusive, illegal or harmful to other users, third parties, or the business interests of CyberWell. If your account is terminated, you may not rejoin CyberWell without permission. CyberWell may modify or discontinue the Services for all users at any time. Upon termination of your account, you shall not have any further access to any content or materials that may be available through your account.
- We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will cooperate with any law enforcement authorities or court order directing or requesting that we disclose the identity, behavior, or User Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
- You may request termination of your account at any time by sending an email to [email protected]. Following such request, we shall close your account as soon as reasonably practicable. Suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
- 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, reports, social media posts, photos, pictures, videos, or articles, and any modifications or derivates of the foregoing.
- CYBERWELL 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. CYBERWELL 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 CYBERWELL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.
- CyberWell allows you and other users to provide certain types of content through the Services, including Reports, recommendations, reviews, comments, links, feedback, and any modifications or derivatives of the foregoing (“User Content”).
- User Content comes from a variety of sources. You understand that CyberWell is not responsible for the accuracy, usefulness, safety, appropriateness, or infringement of any intellectual property rights of or relating to the User Content. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials and that you may be involuntarily exposed to such materials. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.
- CYBERWELL DOES NOT ENDORSE ANY USER CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY USER CONTENT AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ALL LIABILITY IN CONNECTION WITH USER CONTENT. CYBERWELL DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO CYBERWELL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.
User Content Restriction
- CyberWell has no obligation to accept, display, or maintain any User Content. Moreover, CyberWell reserves the right to remove and permanently delete any User Content uploaded by you without notice if such User Content is suspected to be infringing or in the event of termination of the applicable account. You are and shall remain fully and solely responsible for any User Content that you provide. You represent and warrant that any User Content that you provide complies with applicable law and that you have all necessary rights, licenses, consents, and authorities required to provide such User Content. Any User Content provided through the Services shall not be considered confidential and may be disseminated by CyberWell without compensation to you.
- Without limiting the above, you agree that you will not transmit, submit or upload any User Content or act in any way that: (i) violates the legal rights of others; (ii) infringes the intellectual property, moral, publicity, privacy, or other rights of any third party; (iii) is (or you reasonably believe or should reasonably believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity; (iv) does not comply with all applicable laws, rules and regulations; (v) contains material we determine to be offensive, including that which promotes, hate, violence, or discrimination; (vi) constitutes a harassment or threat; (vii) contains obscene material; and/or (viii) contains any virus, worm, trojan horse, or other harmful or disruptive component. The content subject of a Report provided in good faith in accordance with the terms and purpose hereof, will not be deemed a violation of the foregoing restrictions.
- CyberWell may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means, provided however, that CyberWell reserves the right to treat User Content as content stored at the direction of users for which CyberWell will not exercise editorial control except when violations are directly brought to CyberWell’s attention.
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 and/or code, if and as applicable, used to provide the Platform or Services without our prior written authorization, including framing or mirroring any part of the Platform or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any User Content or other content available through the Platform or Services; (3) use the Platform or Services or content thereon in connection with any personal or commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site 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 Platform or Services; (5) use or access another user’s account without permission; (6) use the Platform or Services or content thereon in any manner not permitted by these Terms or applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws.
- CyberWell or its licensors, as the case may be, have all right, title, and interest in the Platform, Services, and any content thereon (excluding User Content), including its overall appearance, text, graphics, graphic design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, 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 content of the Platform or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Platform and/or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or the Platform should be construed as granting you any right to use any trademark, service mark, logo, or trade name of CyberWell or any third party. If you provide CyberWell with any feedback regarding the Platform, Services and/or CyberWell’s business, CyberWell 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.
- You have all right, title, and interest in the User Content you provide. By submitting or posting any User Content, you grant CyberWell and its successors and assignees a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, alter, and/or decompile such User Content on, through or in connection with the Platform and Services, including for analytics, statistical information, creation of reports and otherwise in furtherance of CyberWell’s operations, including for any commercial purposes.
- CyberWell’s policy is not to infringe upon or violate the intellectual property rights or other rights of any third party. CyberWell will refuse to use and remove any User Content provided that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (“DMCA”), CyberWell will remove any User Content if properly notified that such material infringes third party rights and may do so at its sole discretion an at any time, without prior notice to users. CyberWell’s policy is to terminate the accounts of the repeat infringers in appropriate circumstances.
- You are in the best position to judge whether User Content is in violation of intellectual property or personal rights of any third party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with User Content.
- If you believe that something appearing on the Services infringes your copyright, you may send us a notice requesting that we remove or block access to it. If you believe that such a notice has been wrongly filed against you, the DMCA allows you to send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest consulting with your legal advisor before filing a notice or counter-notice. Note that there can be substantial penalties for false claims. Notices and counter-notices can be sent to us at [email protected].
Disclaimed and Disclaimer of Warranty
- All information and content on the Platform are for informational purposes only and CyberWell provides no guarantees with respect thereto. Your use of the Platform and/or Services is at your sole discretion and risk. The Services and 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.
- WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM AND/OR SERVICES OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION 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, OR PERFORMANCE OF THE PLATFORM AND/OR SERVICES; (II) THAT THE PLATFORM 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.
- 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 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.
- You acknowledge and agree that CyberWell is not a data retention service. You therefore must create backups of your data, and CyberWell shall have no responsibility or liability in respect of any loss of, damage to, or corruption of any such data.
Limitation of Liability
- Without derogating from any of the above, we assume no responsibility for any error, interruption, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any materials or Services. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer systems or equipment, servers, software, failure due to technical problems or traffic congestion on the Internet or on the Services. We shall not be responsible for any loss or damage, including personal injury or death, resulting from the conduct of any users of the Services. 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 CyberWell, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.
- IN NO EVENT SHALL CYBERWELL, ITS OFFICERS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY 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 SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER CYBERWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED US$100.
You agree to indemnify, defend, and hold harmless CyberWell, and its employees, directors, officers, subcontractors and agents from and against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs, attorneys’ fees, and any administrative and/or criminal fines) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your account and/or computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Platform or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law. You may not settle or compromise such suit without our prior written consent. We may be represented in any such suit by counsel of our own choosing at our own expense.
The Platform 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 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.
Any required notices pursuant to these Terms may be sent by registered mail or email transmission (with electronic confirmation of delivery) to the addresses of the parties hereto set out herein or provided upon registration, as applicable, and any such notice shall be deemed to have been received one (1) business day after delivery by courier, four (4) business days after delivery by registered mail and one (1) business day after email transmission and written confirmation receipt of such transmission.
- 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 CyberWell or enables you to act on behalf of CyberWell. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between you and us pertaining to the subject matter hereof, and any and all other agreements existing between you and us 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.
Last updated: October 2022