Fertilane Terms – English

TERMS OF USE
These Terms of Use (the “Terms”) are a legally binding agreement between Fertilai Ltd. and any Affiliates and subsidiaries thereof as may be from time to time (the “Company”, “we” or “us”) and the users of our mobile application (the “Application”) or the visitors of our website, available at: www.fertilai.com (the “Website”) (each, a “User” or “You”). These Terms and shall govern the access, download and use of the Website, the Application and any and all websites and applications that the Company operates or that link to these Terms, including but not limited to, any and all pages within the Website or the Application, any equivalent mirror, replacement, substitute or backup website or application, and pages that are associated with, or link to, each of the Website or the Application (collectively, the “Platform”) and any services, interactions, products or mobile applications which may be provided therein (collectively, the “Services”).
By accessing or using the Website, the Platform or by installing the Application, You acknowledge and agree that You have read, understand and agreed to be bound by these Terms and to comply with all applicable laws and regulations. If You do not agree with these Terms, then You must stop accessing or using the Platform. these Terms shall govern any and all kind of uses and features offered via the Platform as may become available from to time to time.
In order to learn how we collect and process information, please review our Privacy Policy, available at: www.fertilai.com/fertilane-privacy-en (the “Privacy Policy”). The Privacy Policy is hereby incorporated by reference into these Terms as an integral part thereof. By accepting these Terms, You expressly indicate that You have read and understood the Privacy Policy.
We reserve the right, at our discretion, to revise, modify or update the Terms at any time. Such changes shall be effective upon publication of the amended Terms. The last revision will be reflected in the “Last Revised” date above. Please make sure to review the Terms periodically. In the event of a material change to the Terms we will make best commercial efforts to inform You.
Please read Section 15 carefully as it contains it contains certain provisions, such as a binding arbitration clause and class action waiver, which affect your legal rights. Section 15 requires You to arbitrate all disputes and claims with the Company and limits the manner in which You can seek relief from the Company.
1. DEFINITIONS
“Account” shall have the meaning set forth in Section 4.
“Affiliate” shall mean shall mean with respect to any Person, any other Person that, directly or indirectly, controls, is controlled by, or is under common control with, such Person.
“Content” shall mean any (i) content or data provided by you to the Company; (ii) content or data entered, imported to, or otherwise provided as input to the Platform as part of your use of the Platform; (ii) any content provided to us or entered, imported to, or otherwise provided as input to the Platform by your Medical Care Providers; and (iii) content or data that the Platform generates or derives in connection with your use.
“Damage” shall mean any and all damages including, without limitation, loss of profits, goodwill, use, data or other intangible losses, punitive damages, liabilities, costs, expenses, losses, judgments, diminutions in value, fines, penalties, demands, claims, cost recovery actions, lawsuits, administrative proceedings, orders, response action, removal and remedial costs, compliance costs, investigation expenses, consultant fees, attorneys’ and paralegals’ fees and other litigation or compliance expenses other than consequential or special damages.
“Electronic Agreement” shall mean either: (i) an affirmation, assent or agreement that a Party transmits to the other Party it or its affiliates by computer or other electronic device, including internet, telephonic and wireless devices, including, but not limited to, any consent a Party gives to receive communications from the other Party through electronic transmission; (ii) an agreement or a document executed or delivered by electronic transmission (via email, in PDF format or the like, or signed with
“DocuSign”, “HelloSign”, e-sign or any similar form of signature by electronic means); or (iii) whenever a person clicks on an “I Agree,” “I Consent,” or other similarly worded button or entry field with a mouse, keystroke, touch enabled device or otherwise.
“Fees” shall have the meaning set forth in Section 9.
“Intellectual Property Rights” shall mean patent rights, copyrights, trademark rights, mask work rights and any and all other intellectual property rights in inventions, improvements, designs, ideas, concepts, innovations, original works of authorship, formulas, techniques, know-how, methods, systems, processes, compositions of matter, computer software programs, databases and trade secret and with respect to each of the foregoing whether or not patentable, copyrightable or protectable as trade secrets, irrespective of whether it has been registered in a patent, copyright, trademark or other form, and irrespective of whether it constitutes a commercial or professional secret.
“Medical Care Providers” shall mean an individual licensed or certified in any medical profession, including but not limited to a physician, physician assistant, nurse, emergency medical care provider, certified nurse’s aide, pharmacist, physical therapist, and medical technologist or other health care provider or agency licensed by their respective government, or otherwise lawfully providing medical care or services, or an officer, employee, or agent thereof acting in the course of and scope of employment.
“Person” shall mean any individual or corporate entity including but not limited to any firm, partnership, joint venture, trust, corporation, limited liability entity as well as any unincorporated organization, estate or any other entity (including a governmental authority).
“Personal Data” shall mean any information that alone or in combination with other information can be used to specifically identify an individual, including but not limited to first and last name, phone number, email address, IP address, billing information, information about an individual’s personality, location, personal status, intimate affairs, health, financial information, vocational qualifications, opinions or beliefs.
2. THE SERVICES
2.1. The Company provides the Platform which is intended to be a platform that facilitates and provides an application for improving communication between care providers and patients during fertility treatments in accordance with these Terms and applicable laws and regulations.
2.2. The Platform is subject to the terms and conditions of these Terms, including any user guidelines, instructions or other direction provided by the Company within the Platform payment obligations for any in-app purchases available in the Platform. The Company shall be entitled to cancel, suspend or terminate any services via the Platform for Users which are in breach of these Terms or any other applicable laws, rules and regulations.
2.3. You hereby acknowledge and agree that for the purposes of improvement, repair, or upgrade of the Platform or for any of the reasons for termination as set forth hereunder the Company shall be entitled, without any liability, to restrict, refuse, suspend, limit or interrupt the Platform or any part thereof, without any notice to You.
3. USER CONTENT
3.1. In connection with the Platform each User may upload, share, post or create Content in accordance with the terms and conditions of these Terms. The Company does not claim any ownership of any Content, and each user who created Content shall be the sole owner of such Content.
3.2. You hereby represent, warrant and covenant that Content made, shared or displayed by You in the Platform shall be your original work, and that You have all the rights and authorizations
required to share, post or create any Content via the Platform or with respect to any services or products therein, and that such Content shall not infringe upon the rights of third parties, including with respect to intellectual property or privacy rights, and shall not include any racist, hateful, harmful, harassing or defamatory statements.
3.3. You hereby grant the Company a non-exclusive, transferable, royalty free, perpetual, irrevocable, sublicensable, worldwide license to access, use, display, reproduce, publish, stream, transfer, or create a derivative work of the Content as required to provide or promote the Platform or for the provision of any services and products within the Platform, in accordance with applicable law.
3.4. To the extent your use of the Platform requires it pursuant to applicable law, You are responsible for providing notice to, and obtaining consents from, individuals regarding the collection, processing, transfer and storage of their Personal Data through your use of the Platform.
4. ACCOUNT, ELIGIBILITY, USE OF THE PLATFORM
4.1. In order to use the Platform, You will need to register and create an Account, either yourself or by your Medical care provider acting on your behalf, in order to be able to fully use the Platform (the “Account”). Please be aware that the Account gives You access to the services and product available within the Platform and other functionalities that we may establish and maintain from time to time and in our sole discretion. You may register for an Account by providing us with certain specific details as indicated in the designated registration page within the Platform (e.g., full name; email address; etc.). All information provided by You to us in the registration process must be correct, accurate and up to date. You will promptly update any information provided by You that subsequently becomes inaccurate, incomplete, misleading or false.
4.2. Please note that any use or access of the Platform by anyone under the age 18 is strictly prohibited. By accepting these Terms, You hereby represent that You are at least 18 years or older and that You have the legal capacity to enter into these Terms.
4.3. You hereby undertake not to: (i) impersonate another person with respect to any use or access to the Platform; (ii) mislead, deceive or defraud any users of the Platform; (iii) register more than one Account for a single user, unless explicitly permitted hereunder; (iv) use the Account or Platform to publish or display racist, hateful, harmful, harassing or defamatory statements, posting or other Content; (v) use the Account in any unlawful, illegal, harmful manner or in breach of these Terms; (vi) use the Platform in any manner that could impair, disrupt, disable or damage the Platform, or interfere with any other party’s use and enjoyment of the Platform; including by (a) taking any action that imposes, or may impose at our sole discretion an unreasonable overload on our Platform or infrastructure; (b) interfering with the proper working of the Platform; (c) interfering with or damaging any server, equipment or network connected to, or used to provide, the Platform; or (vii) create a database by systematically downloading and storing all or any content from the Platform. Please note that even after termination of these Terms for any reason, You shall continue to be bound by the above restrictions on use with respect to the Platform. You acknowledge and agree that any breach of these Terms shall entitle the Company to suspend, revoke or terminate your Account.
4.4. You shall be solely responsible for the activity that occurs on the Account, and You must keep your Account passwords and other credentials secure and confidential. In addition, You are obligated to immediately notify us of any unauthorized use of your Account. Please note that by opening an Account, You hereby expressly agree that we can communicate with You electronically via the Platform, or by directly messaging your through any of your devices, with respect to services or products provided via the Platform.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. You hereby acknowledge and agree that any and all Intellectual Property Rights are the Company’s exclusive intellectual property and are all protected by national and international intellectual property laws and treaties including all applicable copyright laws and regulations. Please note that the Platform may contain third-party Intellectual Property Rights, and You are not granted any right or license with respect to our Intellectual Property Rights or the Intellectual Property Rights of any third party other than as expressly provided under these Terms.
5.2. Subject to the Terms and conditions of these Terms and your compliance with applicable laws and regulation, the Company hereby grants You a limited, non-exclusive, non-transferable, non-sublicensable, worldwide license to download and install a copy of the Platform and the right to use and access the Platform on a mobile device that You own or control or via a computer, solely for your own internal or personal purposes. Nothing in these Terms shall be construed to grant You any rights in or to the Platform, and all such rights not granted hereunder are expressly reserved by the Company.
5.3. As part of the Platform and the services and products provided in connection with the Platform, we look forward to Users’ comments, suggestions or feedback including with respect to improvements, compliments, or other matters related to the Platform (the “Feedback”). Please be aware that Feedback provided to us shall not be considered confidential or proprietary. You acknowledge and agree that by submitting Feedback to us, You hereby grant us a fully paid-up, worldwide, non-exclusive, perpetual, sub-licensable, irrevocable license to use, reproduce, display and publish such Feedback, without any additional consideration or permission.
5.4. Except as set forth hereunder, You may not copy, alter, adapt, modify, reproduce, distribute or commercially exploit any materials, including graphics, video, text, audio, software code, design, logos or user interface from the Platform, without our prior written consent. You hereby represent and undertake that You will not make any copies of, decompile or disassemble, reverse engineer, distribute, modify, adapt, translate or otherwise transfer, rent, lease, resell, sublicense or otherwise commercially exploit the Platform or any part thereof, except as permitted hereunder.
6. USER REPRESENTATIONS AND UNDERTAKINGS
6.1. You represent and warrant that You are entitled to enter into these Terms and to assume all the obligations hereunder, and that the execution and delivery of these Terms, the fulfillment of your obligations and terms and conditions hereof: (i) will not constitute a breach or default under or conflict with any agreement or other instrument to which You are a party or by which You are bound; (ii) do not require the consent of any other person or entity, (iii) there are no contracts, impediments, hindrances or restrictive covenants preventing the full performance of your duties and obligations hereunder, and nothing contained in these Terms shall require or permit You to do any act inconsistent with the requirements of any statute, regulation or rule under any applicable law that may be in effect from time to time.
6.2. You acknowledge, agree, represent and warrant that any download, installation, use or access You make in connection with the Platform is done at your sole risk, and shall be your sole responsibility, in accordance with these Terms.
6.3. We shall not tolerate any transmission of advertising or promotional materials, including among others, spam, chain letter, junk mail or any other form of unsolicited materials, and You represent and warrant that You shall not use the Platform for such transmission of advertising or promotional materials.
7. UNREGULATED APPLICATION
7.1. By entering into these Terms and using the Platform, You represent and warrant that You fully acknowledge and agree that the Platform has not been approved by the U.S. Food and Drug Administration or any similar regulator as a medical device and does not purport to be a medical device or any sort of other product that falls under the category of supervised or regulated medical goods and products in any jurisdiction whatsoever.
7.2. By entering into these Terms and using the Platform, You represent and warrant that You fully acknowledge and agree that any and all activity by You in, or your interaction with, the Platform shall be under the guidance and instruction of your applicable Medical Care Providers.
8. DATA IN THE PLATFORM AND COMMUNICATING WITH THE MEDICAL CARE PROVIDERS
8.1. As part of using the Platform and the Services, each User will be allowed to enter results of medical tests. It is hereby clarified that all responsibility for the full and accurate entry of such test results will be the responsibility of the User, and the Company disclaims any and all responsibility in any case of incorrect entry or failure to enter any such test results or medical data, including any such test results or medical data that would result in incorrect or defective recommendations in any way, whether by the Platform itself or by the applicable Medical Care Providers.
8.2. As part of the use of the Platform and the Services, the Platform enables communication between the Users and their Medical Care Providers, it is hereby clarified that any communication as mentioned, including its content, its availability and adherence with the correct treatment times and methods will be the sole responsibility of the applicable Medical Care Providers and the Users and the Company will not have any responsibility for, or liability in connection with, any of the same.
8.3. All the recommendations in the Platform as stated above are solely under the responsibility of the Medical Care Providers. However, You hereby declare that it is clear to You that their accuracy, correctness and compatibility with your medical condition depend, among other things, on your independent entry of the results of various tests that You will be required to undergo under the instruction of the Medical Care Providers.
8.4. You declare that You are aware that any action based on information appearing on either the Platform or the Services, requires the approval of the relevant Medical Care Providers, and that the company will not be held responsible for any action that is not carried out in consultation with the relevant Medical Care Providers and with their approval.
8.5. You declare that she knows and agrees that to the extent that You upload information or documents to the application by yourself and not per the instructions of the Medical Care Providers, such upload is done on your own initiative and your own volition and at your sole responsibility, and the Company will not bear any responsibility for such upload and for what is stated in the uploaded information/documents.
8.6. Certain medical content and information may be published in the Platform for the convenience of the Users. The content and information appearing in the Platform are intended to provide medical and health information but do not constitute medical advice, professional opinion or a substitute for consultation with your Medical Care Provider or any other qualified professional who is a doctor, pharmacist, nutritionist, physiotherapist or any other specialist depending on the matter, on a specific and personal basis.
8.7. If You suspect that there is an error, inaccuracy or that any of the content, data or information presented in the Platform is not current, complete, reliable or accurate, You must contact the
relevant Medical Care Providers as soon as possible and request the correction of such content, data or information. The Company will not have any responsibility for any inaccuracy for any event of error, inaccuracy, or the inclusion of content, data or information that is not current, complete, reliable or accurate.
8.8. You declare that You understand and agree that the use of the Platform and the recommendations appearing in it do not constitute a substitute for Medical Care Providers and do not address the need for treatment by Medical Care Providers or the contact with Medical Care Providers, in order to receive anamnesis, counseling and guidance according to your medical needs. You confirm that You will not have any Claim from or against the company and/or the applicable Medical Care Providers and/or from anyone on their behalf regarding any use that You (or anyone your behalf) make of the Platform or the Services contrary to the above.
9. WARRANTY; DISCLAIMERS
9.1. You acknowledge and agree that your use of the Platform is at your own discretion and sole risk, and that the entire risk as to the results and performance of the Platform, including, among others, any damages to your mobile device, computer system, well-being or any other device used to access the Platform, or data stored on such devices, is solely yours.
9.2. To the maximum extent not prohibited under applicable law, the Platform is provided on an “as is”, “as available” and “with all faults” basis. use of the Platform is at your own risk. the Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, the Company and its licensors do not warrant that the Platform or any content therein is accurate, reliable or correct; that the Platform will meet your requirements; that the Platform will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Platform is free of viruses or other harmful components. Any data, files, information or content downloaded or otherwise obtained through the use of the Platform is downloaded at your own risk and You will be solely responsible for any damage to your mobile device or computer system or any loss of data that results from such download.
9.3. We do not warrant, endorse, guarantee, or assume responsibility for any, content made or published by users or any third party through the Platform or any hyperlinked website or services and we will not be a party to or in any way monitor any transaction between You and third-party providers of products or services.
9.4. You acknowledge and agree that we are not liable for any failure to perform our obligations hereunder in case such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, and we shall not be held responsible for any damages caused to You or any third party that may result from third party technical issues such as traffic congestion, slow connections, or overload of our or other servers or any issues of telecommunications or internet providers.
10. LIMITATION OF LIABILITY
10.1. To the maximum extent permitted by applicable law, in no event shall the Company or any Affiliate, director, employee, or licensor of the Company be liable for any Damage, that results from the use of, or inability to use, the Platform. Under no circumstances will we be responsible for any Damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Platform or your data and information contained therein.
10.2. To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of data, information or content
displayed in the Platform; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Platform; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party; or (vi) the illegal conduct of any third party or any infringement of third party rights by any other third party in connection with the foregoing.
10.3. Without derogating from the foregoing, in no event shall the Company or any Affiliate, director, employee, or company of the Company be liable to You for any Claims, Damages, proceedings, liabilities, obligations, losses or costs in an amount exceeding the lower of: (a) the pro rata amount You paid to the Company during the 6 months preceding such event of liability or (b) US$ 500. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by applicable law in the applicable jurisdiction.
10.4. Please note that certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, the foregoing exclusions and limitations will be enforced to the greatest extent permitted by applicable law.
10.5. If the representatives and/or employees and/or agents of the Company have tried (or will try) of their own good will and before the law, to help solve a problem and/or address any application of a User of the Platform who has chosen to perform an action or any use of the Platform, in providing any such assistance the Company and/or those on its behalf do not assume any responsibility or liability for any action or use made in the Platform.
11. PRIVACY
11.1. We care about your privacy and wish to protect your privacy. In accordance, You may be asked to submit or enable the transmission of certain Personal Data, which may be required for the operability of our Platform. To the extent You choose to use or access certain features the Platform please review the terms and condition of our Privacy Policy available here: www.fertilai.com/fertilane-privacy-en.
11.2. Please be aware that our Platform is intended for general audiences but is not directed to individuals under 16 years old. If a parent or guardian becomes aware that his/her child has provided us with Personal Data without their consent, he/she should contact us immediately. We do not knowingly collect or solicit Personal Data from people under 16 years old. If we become aware that a person under 16 years old has provided us with Personal Data, we will delete such data from our databases.
12. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, and any Affiliate, director, employee and agent of the Company, from and against any and all Claims, Damages, obligations and liabilities arising from: (i) your use of and access to the Platform (other than as permitted under these Terms); (ii) any breach of the terms and conditions of these Terms by You; (iii) your infringement of any third party rights, including, among others, any copyright, intellectual property right or privacy right; or (iv) any claim that one of your acts or omissions caused damage to any third party; (v) your breach of any law, rule or regulation as applicable to You in connection with the Platform; or (vi) any other party’s access and use of the Platform with your unique credentials, username, password or other appropriate security code.
13. TERMINATION
13.1. We reserve the right to cancel your access to the Platform or terminate your Account, at our sole discretion, at any time and for any reason, with or without notice to You.
13.2. If You choose to cancel your Account and delete your data, You can do so at any time by sending us an email to: contact@fertilai.com. Your email must include the following subject line: “Request to Delete My Data” and include in the body of the email an express statement that You wish to terminate your Account and delete your data. It should be noted that following any termination, discontinuation or cancellation of your Account, all provisions of these Terms which by their nature are intended to survive shall so survive, including, among others, licenses and ownership provisions, warranty disclaimers, limitations of liability, indemnity and dispute resolution provisions.
14. GOVERNING LAW; ARBITRATION
Please read this Section 15 carefully as it contains certain provisions, such as a binding arbitration clause and class action waiver, which affect your legal rights. This Section 15 requires You to arbitrate all disputes and claims with the Company and limits the manner in which You can seek relief from the Company.
14.1. These Terms, any non-contractual obligations and all disputes or controversies arising out of or relating thereto shall be governed by, and construed in accordance with, the laws of the State of Israel, without regard to the laws of any other jurisdiction that might be applied because of the conflicts of laws principles of any state. You agree that any action brought by You to interpret or enforce any provision of ° the Agreement shall be brought in, and You agree to, and You hereby, submit to the jurisdiction and venue of, arbitration as set forth below.
14.2. Any disputes arising out of or in connection with these Terms, including any question regarding its existence, validity or termination shall first be attempted to be settled amicably within thirty (30) days of receipt of formal notice of such dispute provided by You to the Company (the “Resolution Period”).
14.3. If You and the Company fail to reach an amicable settlement of the dispute within the Resolution Period, the matter shall be referred to and finally settled by binding arbitration as set forth below.
14.4. Except for Disputes in which either You of the Company seeks injunctive or other equitable relief, each of You or the Company (i) save as expressly provided herein, waives any of your or the Company’s respective rights to have any and all Disputes arising from or related to these Terms resolved in any court, and (ii) waives your or the Company’s respective rights to a jury trial. Instead, each of your or the Company will arbitrate Disputes through binding arbitration provided in this Section 15.
14.5. The enforceability of this Section 15 shall be both substantively and procedurally governed by and construed and enforced in accordance with the laws of the State of Israel, to the maximum extent permitted by applicable law.
14.6. The arbitration shall be conducted in Israel, in the English language and in accordance with the Arbitration Law.
14.7. The arbitration shall be conducted confidentially by a single neutral arbitrator, who shall be either a former judge or a prominent and reputable Israeli attorney, from one of the 20 largest law firms in Israel, with relevant expertise in the subject matter, who shall not be affiliated to any of You or the Company and shall not have a conflict of interests. Such Arbitrator shall be selected jointly by You and the Company or, if You and the Company are unable to agree within ten (10) days following the Resolution Period, the Arbitrator shall be selected by the chairman of the Israeli Bar Association in accordance with the above.
14.8. You confirm that any decision issued by the Arbitrator shall be final and non-appealable and shall be enforceable in any other court or tribunal in any country having jurisdiction over You and the Company, and each of You and the Company waives, now and forever, any right to contest the underlying facts, merits and conclusions of law upon which such award was based.
14.9. To the extent relevant and applicable to the respective jurisdictions of You and the Company, each of You and the Company irrevocably and unconditionally waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal action, proceeding, cause of action or counterclaim arising out of or relating to any claim or otherwise in connection with these Terms.
15. MISCELLANEOUS
15.1. Should any one or more of the provisions of these Terms be determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired by such determination and will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
15.2. A delay or omission by either the Company or You to exercise any right under these Terms shall not be construed to be a waiver of such right. A waiver by either the Company or You of any of the performance provisions of these Terms or any breach with respect to such performance shall not be construed to be a waiver of any succeeding performance or breach.
15.3. The Company reserves the right to transfer, assign, sublicense or pledge these Terms, in whole or in part, in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in. You may not transfer, assign, sublicense or pledge any of your or your rights or obligations under these Terms without the Company’s prior written approval.
15.4. The Company will not be liable for any delay or failure to perform the services within the Platform if and to the extent that such delay or failure to perform is caused or otherwise brought about by circumstances beyond the Company’s reasonable control, including strikes, lockouts, labor troubles, restrictive government or judicial orders or decrees, riots, insurrection, war, terrorism, Acts of God, and/or inclement weather, which the Company is unable to prevent by the exercise of reasonable due diligence.
15.5. These Terms, together with any other legal notices, exhibits, guidelines and agreements published by the Company via the Platform, shall constitute the entire agreement between You and the Company concerning the Platform.
15.6. You hereby clarify that You are familiar with the English language and do not require translation to any other language. You agree that You have been represented by counsel during your entry into, and agreement with, these Terms or have had the opportunity to obtain one and, therefore, these Terms shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instrument to be drafted. In the event any ambiguity or question of intent or interpretation arises, these Terms shall be construed as if drafted jointly by both You and the Company, and no presumption or burden of proof shall arise favoring or disfavoring either You or the Company by virtue of the authorship of any provision of these Terms.
15.7. These Terms and any subsequent agreement you may have with the Company may be executed as an Electronic Agreement. You agree to be bound by any Electronic Agreement delivered or executed by You (or any person acting on your behalf if You are a corporate entity, if applicable). You agree that when You (or any person acting on your behalf if You are a corporate entity, if applicable) executes an Electronic Agreement, your agreement or consent will be legally binding and enforceable against You and will be the legal equivalent of your handwritten signature on an agreement that is printed on paper. You hereby waive any rights
or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
If You have any questions regarding these Terms, You may contact us at: contact@fertilai.com