Terms of Use

This document ("Terms of Use"), any additional terms (as defined below) that may exist, and the Privacy Policy available at [Please insert link] ("Privacy Policy," and together, the "Terms of Use"), govern the use of the ultrasound operator training system ("the Simulator") of SimHawk Ltd., company number 516283074 (hereinafter: "the Company"), the website [www.simhawk.net] ("the Website," and together with the Simulator – "the System"), and the services ancillary to the System ("the Service"). Any user who wishes to use the Website, the Simulator, the Service, or any part thereof ("User"), accepts the Terms of Use (including these Terms of Use) and undertakes to act in accordance with them. If you do not agree to the Terms of Use, you must not use the System or the Service.

The Company reserves the right to change any of the Terms of Use (including this Terms of Use) from time to time. Any such change will take effect immediately. The Company recommends that users regularly check the Terms of Use.

The Terms of Use are written in the masculine form for convenience only, but they apply to both men and women.
 

1. The Service 

1.1 Types of Users. The use of the System is intended for users who wish to practice and test
their ultrasound operation skills ("Trainees") and for users who wish to train and evaluate 
trainees ("Evaluators").

1.2 Registration. Use of some parts of the Service is conditional on registration and the                        creation of a user account that allows each user to perform certain actions in the System 
and receive part of the Service ("User Account"). For registration and creation of a user
account, trainees will be required to choose a username and password, first name, last                      name, email address, phone number, course affiliation, details about the organization on                behalf of which the evaluator works, and other details, as may be required from time to                    time ("Trainee Account Details"). The usernames and passwords of the users will be    
considered "Login Details."

1.2.1 Users must keep their Login Details confidential to prevent misuse and must change
their password as frequently as possible (and in any case, every six months). Any act or
omission performed through a user account will be considered an act or omission of the
user in whose name the account is registered.

 

1.2.2 Every user declares and undertakes that the information provided for the purpose of
registration and creation of the user account and during the use of the Service is correct and
accurate and that in the event of any change in such information, they will notify the
Company immediately. Your attention is drawn to the fact that providing false information
may constitute a criminal offense.

1.2.3 You undertake to indemnify the Company and/or anyone on its behalf for any damages
and/or expenses caused to the Company and/or any third party if you and/or anyone on your
behalf has provided incorrect and/or inaccurate and/or incomplete and/or false information
and/or if you have not updated the Company immediately on any change in such
information.

 

1.2.4 In case of a change of details or if there is a concern of unauthorized use of your user
account, you undertake to report this to the Company immediately by sending an email to
support@simhawk.ai or any other address the Company may announce.
 
1.2.5 Organizations can request to allocate user accounts, without providing user details.
In such a case, the identification for these accounts will be done without using details that
directly identify the user, but rather a password and a device identifier. This does not detract 
from the users' consent. Such details will be considered Login Details and the user's
obligations regarding them will apply in full.

 

1.3 Decision Support System.
The System enables evaluators and institutions for which evaluators work to train trainees in ultrasound operation and to provide evaluators with evaluation tools.

1.3.1 The Service and the System of the Company serve as a training and improvement. 
platform only, and are not suitable or intended to be fully or partially suitable for actual
use of ultrasound. It is clarified that the Company provides feedback on the performance of
each trainee during practice, but is not responsible for the grade given by the evaluator
and/or the institution on behalf of which the evaluator works to the trainee. The System is a
decision support system and a learning tool, but it does not replace the discretion of the
evaluator or the institution on behalf of which they work, and the trainee waives any claim in
connection with the above (including in connection with a grade, failure, and/or termination
of employment, which are allegedly related to the System and/or the Service).

1.3.2 The use of the Service and the System is at the user's responsibility and does not replace
or constitute any substitute for self-study or other training of the user. It is the user's
responsibility to check and ensure, prior to using the Service and the System, that the Service
and the System (including the practices) are suitable for their needs (both as a trainee and as
an evaluator) and the user will have no claim due to the unsuitability of the Service and/or the
System for their needs and/or their success or lack of success.

 

1.4 Additional Terms.
It is possible that certain parts of the Service may have additional and/or different terms,
as these may be added and/or changed and/or canceled from time to time ("Additional
Terms"). The Additional Terms are part of the Terms of Use and in case of a contradiction
between the Additional Terms and other provisions, the provision that is more favorable to
the Company will prevail.

1,5 Software and Hardware Requirements.
In order to use the services, a user is required to have the following software and hardware,
for which the Company is not responsible – [a personal computer running an updated
Windows 10 with 8 GB of RAM and a CPU with a score of 2000 or higher on
https://www.cpubenchmark.net, the computer must include a USB connection for a camera
and the screen resolution of the monitor must be 1080p FHD] ("End Systems").

1.6 Changes. 

The Company may at any time change the Service, the System and/or any part thereof,
either in relation to some of the users or in a general manner. Without derogating from the rights and remedies available to the Company by law, the Company will be entitled to block the user's use of the Service, or any part thereof, including in the event that, in its sole discretion, the user or anyone on their behalf has performed any of the following actions: (a) an illegal act; (b) a breach of any of the Terms of Use and/or their obligations under the agreements (if any were signed); (c) a breach of trust of the Company, including the entry and/or transfer of incorrect information during registration or thereafter; (d) an act or omission that could harm the Company or other users or the proper functioning of the Service; (e) the user has entered into bankruptcy proceedings, receivership, liquidation and/or any similar proceeding.
 

2. Intellectual Property

2.1 All rights, including intellectual property rights, in the System, the Service, the content, the
designs, the applications, the tools and other components of the System, belong to the
Company.
 

2.2  The term "Company's Content" means any detail, data, and content of any kind and type,
related to the System, the Service and/or any of them. The Company's Content includes all
rights, including intellectual property rights (such as copyrights, moral rights, designs, patents,
trademarks and domain names), whether registered or not, in the System, the Service and/or
any part thereof, including the online pages included in any of them and the detailed, stored
and/or processed information by or in any of them, as well as any text, document, record,
illustrations, graphics, sounds, graphics clips, charts, images, photography, illustration,
animation, diagram, figure, video, format, process, protocol, database, user interfaces, as well
as any character, sign, symbol and icon, sound file or other file, software, application(s),
computer code, etc., and all in any media, including the classification, arrangement and presentation of any of them. The Company's Content is protected, among other things, by the
copyright laws of the State of Israel, international conventions and the copyright laws of other
countries. The Company's Content is the property of the Company and/or third parties who
have authorized the Company to publish the protected material.

2.2 The Company's Content includes training, volumes that the Company collects, courses
that the Company will build, the algorithms of the System, the appearance of the System
(including the user interface and the configuration of the various screens), all the content of
the Company's websites, all the 3D models of the transducers that the Company produces
and the ancillary equipment.

2.3 The Company hereby grants (a) to the user, trainee, and evaluator, a limited, personal, non-
exclusive, and non-transferable or assignable license to make personal and academic-
educational use of the System (and the content integrated in it), through the Website, for the
purpose of receiving the Service that the Company allocates to them as a trainee or evaluator,
subject to the provisions of the Terms of Use; (b) to the users – a viewing authorization only on
the Website. It is clarified that the Company does not grant any right or license, express or
implied, in connection with the System, the Website, the Service, or the Company's Content.
You may not copy and/or duplicate and/or transfer to another and/or broadcast and/or publish
and/or show to another the System, the Service, the Company's Content and/or any part
thereof. You may not use the System, the Service, the Company's Content and/or any part
thereof except for the purpose mentioned at the beginning of this section.

2.4 Users are not required to provide the Company with comments, recommendations or
feedback2 regarding the Service or the System (“Feedback”). If any of the users provides
Feedback to the Company, (1) the Company will be entitled to use them, at its sole discretion,
without being obligated to compensate the user in any way for the Feedback; (2) the
ownership of the Feedback belongs to the Company (and the user fully and irrevocably
transfers and assigns all rights in the Feedback to the Company, as required, and waives any
such right). Every user declares and undertakes (a) that they have no impediment to provide
the Feedback to the Company; (b) that the Feedback (including its delivery and any use
made of it) will not violate any right of any third party or law.

2.5 Non-identifying data and/or aggregated data ("Company Data"), related to any of the
users, the use of the System, the Service and/or parts thereof, are the property of the Company
(and every user transfers and assigns all rights in the Company Data to the Company, as
required, and waives any such right). The Company reserves the right to use the Company
Data for any purpose it deems appropriate, including the development of new products and
services, the improvement of its existing products and services, fraud prevention, information
security, etc.

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3. User Declarations and Undertakings

3.1 The user declares that they are an adult (over 18 years old), legally competent and legally
authorized to perform all actions that will be performed by them through the Service,
including the authority to enter into the Terms of Use and other agreements (if any are
signed).

3.2 The user declares, undertakes and agrees that they have read the Terms of Use carefully
and understand and agree to them, and that they and/or anyone on their behalf will have no
claim and/or lawsuit and/or demand against the Company, its managers, its shareholders
and/or anyone on their behalf.

    
3.3 The user undertakes to use the Service in good faith and in accordance with the provisions
of these Terms of Use. Without derogating from the above, the use will be subject to all laws
and in accordance with the instructions of the Company and/or anyone on its behalf, and the
user hereby declares and undertakes upon entering the Service that they will refrain from
any harm to the company and/or any third parties through the use of the Service.

3.4 The user undertakes not to use the Service for illegal purposes.

3.5 The user confirms that if they provide information and/or data to the System and/or the
Company about third parties, they do so lawfully and with permission.

3.6 The user undertakes not to upload, retrieve, transmit, distribute or publish information or
other material that may restrict or prevent others from using the Service, and/or information
or other material that may violate the property rights of another, including, intellectual
property rights, privacy protection rights and/or any other proprietary right and/or
information or other material that includes advertising of any kind.

3.7 The user undertakes not to perform any action that may harm, slow down, disrupt the
activity of the System or the Service, or the systems of any of the users and not to make any
use in connection with the Service and/or the System with spyware, malware, viruses or any
content, code, software or system that may do any of the above.

3.8 The user undertakes not to make any use of the Company's Content, the Company's Data
and/or the Feedback. The user undertakes not to distribute and/or copy and/or publish any
part of the System, the Service, the Company's Content, the Company's Data and/or the
Feedback, either within the borders of Israel or outside them, whether in an Internet service
and/or by email and/or by text messages and/or by any other means and/or in any other way,
without the explicit prior written permission of the Company.

3.9 The user undertakes not to perform any action of copying the content installed by the
Company, any decoding action and any modification action.

3.10 The user undertakes to operate the System only while their subscription is valid.

3.11 The user confirms that they know that the Company does not undertake to save the
results of their practice and/or their usage data in the System, that the Company does not
undertake to enable their restoration, and that they alone are responsible for saving the
results pages produced by the System (including for the purpose of transferring them to their
organization).

3.12 The System, its content and its services can be used in accordance with the Terms of Use.
The System may not be used in any other way, unless the explicit consent of the Company
has been given for this, in advance, in writing and subject to the terms of that consent (if
given), among other things -

3.12.1 Do not expose and/or show the activity of the System, photograph it in any way and/or
expose any detail regarding the operation of the System to anyone who is not a registered
user. Do not copy and use, or allow others to copy and use, in any other way, content from the
System, including on websites, in applications, or in any other publication, for any other
purpose.

3.12.2 Do not operate or allow the operation of any computer application or other means,
including software such as Crawlers, Robots, etc., for the purpose of searching, scanning,
copying or automatically retrieving content from the System.Do not change, translate,
process, edit or reverse engineer the System and/or any part of it.

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4. Limitation of Liability and Indemnification.
4.1 Every user hereby undertakes to indemnify and compensate the Company and the Company's personnel, immediately upon the Company's first request, for any claim, demand, lawsuit, damage, loss, expense, liability or responsibility (including from a third party against the Company), related to (a) a breach of the provisions of the Terms of Use; (b) the user's use of the Service, the System and/or parts thereof; (c) any act or omission of the user.
   
4.2 The Service is offered to users in its "as-is" condition, as it will be available (if it is available)
from time to time ("as available"), with all its flaws ("with all flaws"), and the user agrees and
confirms that the Company, including its representatives, employees, managers, directors
serving on its behalf, its shareholders and/or its agents and/or those acting on its behalf
("Company's Personnel"), will not be liable for any claim, demand, lawsuit, damage, loss,
expense, liability or responsibility of any kind, that will be caused, if it is caused, to the users
as a result of the System and/or the Service (including direct, indirect and/or consequential
damages, including loss of income and/or loss of profits, etc.).

4.3 The Company does not guarantee that the Service will be available at all times and that
the operation and/or integrity of the Service will not be interrupted and/or will not be
conducted without interruptions and/or without errors, malfunctions, faults or failures.
The Company will not be responsible for such interruptions as mentioned above, and it will
not be responsible for any discrepancies to the user in the quality, nature and scope of the
information (including the manner of its transfer), for any loss, damage or direct, indirect,
consequential or other damage, that will be caused to the user or any third party in
connection with such interruptions and/or in connection with the discontinuation of certain
services in the Service, for any reason whatsoever.

   
4.4 The Company and the Company's Personnel will be exempt from liability for any claim,
demand, lawsuit, damage, loss, expense, liability or responsibility, damage, loss or
expense that may be caused to the user, directly or indirectly, as a result of any of the
following events/factors:

4.4.1 As a result of circumstances over which the Company has no control, or as a result of a
strike, an organized disruption, sanctions or other events, which are not criminal, related to its
employees, all or part of them;

4.4.2 Malfunctioning of any software and/or hardware located at the user's, including the End
Systems and any software and/or hardware supplied to the user by a third party;

4.4.3 "Viruses" or software applications of their kind, to the user's computer equipment or any
other property of the user, that will be caused by access, browsing or use of the Service, and
in general, due to downloading information from the Service (if such a download was
performed) and this is even if there is negligence on the part of the Company or if it was
aware of the possibility of such damages;

  
4.4.4 Exposure and disclosure of information by the user to any third party, as a result of using
the Service or as a result of providing inaccurate details and/or as a result of transferring the
device through which they use the Service to another, including for the purpose of repairing
the device, including in the event that that other will view information received through the
device or perform various actions through it within the Service, and the user undertakes to
bear all damage, loss or expense that will be caused to them or to the Company in this regard.

4.4.5 A grade and/or evaluation given to any of the users including in connection with the
Service and/or the use of the System.

4.5 The user is responsible for complying with all legal provisions related to the use of the
Service and the System. Without derogating from the above, the Company and the
Company's Personnel will not bear any responsibility or liability in connection with the above.

​

5. Risks
5.1 It is clarified that the Company's systems, by their very nature being based on software,
hardware and communication networks, are exposed to the risks inherent in systems of this
type, including malicious software (viruses, Trojan horses, etc.), eavesdropping on
communication lines, hacking by hostile entities, impersonation of the Company's website or
any of the systems and other online frauds. The Company invests what it considers to be
reasonable efforts in protecting against these risks, but despite this, there is no possibility of
complete blocking and there may be damages and/or losses due to the realization of any of
the risks, including disclosure and/or disruption of information transmitted and/or displayed in
its systems, and in general, disruption in instructions/requests, unauthorized actions in
accounts, disruptions in the operation of the systems and/or their response times, including
non-execution, incorrect execution and/or late execution of an instruction/request,
unavailability of the systems or any of their services, etc.

5.2 The user is aware of the limitation of the Internet network regarding information security
on the network and releases the Company from any responsibility in this matter.

5.3 It is clarified that the above does not derogate from the user's responsibility regarding the
device through which the user uses the Service and/or the System, including its security.
Likewise, it is clarified that certain actions that the user may perform on the device, such as
"jailbreaking" it, may harm the security of the information and services, in addition to some
of these actions being illegal and prohibited.

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6. Third Party Content
6.1 The Service may include content, information, products, services of third parties and also
links to the above and to various pages, applications and websites on the Internet that are not
managed and/or operated by the Company and/or by anyone on its behalf ("Third Party
Content"). The Company does not control and/or supervise the Third Party Content, and the
fact that the Company links to this content does not indicate its consent to its content and
does not constitute a guarantee of its reliability, up-to-dateness or legality. The Company will
not be responsible for this content, and will not bear any responsibility for any damage that
may be caused to you or any other third party as a result of the use of such pages,
applications and websites. The use of these pages, applications and websites is subject to the
terms of use and privacy terms that appear on them, and not to the terms of use and privacy
terms of the Company.

6.2 The Service may include commercial information provided for publication on behalf of
various advertisers. The publication of such commercial information in the Service does not
constitute a recommendation or encouragement to purchase the services, assets or products
offered. The Company and/or anyone on its behalf will not bear any responsibility for the
content of the commercial information or the advertisements in the Service, and the sole
responsibility for the content of the advertisements and the commercial information rests
with the advertisers. Any transaction that will be made as a result of an advertisement or
information published in the Service will be performed directly between the user and the
relevant advertiser, and the Company will not be a party to any such transaction.

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7. Privacy. The Company is aware of the importance of privacy protection and the importance of individual privacy, and acts according to a privacy policy. The privacy policy is an integral part of these Terms of Use and the Terms of Use.

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8. Miscellaneous
8.1 The Company is entitled to assign its rights according to these Terms of Use to any third
party as it sees fit and without any obligation on the part of the Company to publish the fact
of the assignment, as mentioned, in the Service, and also without needing the consent of the
users. Users are not permitted to transfer, assign or pledge their rights according to the Terms
of Use and/or any other terms to a third party, except after receiving the Company's prior
written consent.

8.2 The Company is entitled to change the provisions of the Terms of Use from time to time.
In any case where changes are made to these Terms of Use, the Company will notify of these
changes by publishing the updated Terms of Use in the Service and this will be sufficient for
the updates to take effect. Therefore, the Company recommends that users of the Service
review the Terms of Use frequently.

8.3 All records in the Company's books / systems will serve as prima facie evidence of all their
details, and copies of these records, when certified by the Company, will serve as prima facie
evidence of their existence and the correctness of the details recorded in them.

8.4 The user agrees that the transmission of information to the Service or from it does not
create any connection between them and the Company, or a relationship between the user
and the Company that goes beyond those detailed in the Terms of Use.

8.5 The activity in this Service and any legal cause of action arising from the use of the
Service, including the validity and interpretation of the Terms of Use, will be subject to Israeli
law only, and the exclusive jurisdiction in any dispute related to this Service and its use will be
given to the competent courts in Tel Aviv.

8.6 If it is determined that any part of the Terms of Use is invalid or unenforceable, then the
sections whose validity has been denied or which have been determined to be unenforceable,
will be considered as replaced by valid and enforceable sections, whose content corresponds
to the greatest extent possible with the intention of the original sections and the other
sections of the Terms of Use will remain in effect.

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For any question or problem, every user is invited to contact the Company by email at [info@simhawk.ai].