FUND GURU TERMS OF USE

Last updated: May 2, 2022

Welcome to the Fund Guru website (“Website”) and thank You for choosing to use it. These Terms of Use and the Fund Guru Privacy Policy available at Fund-Guru.com (collectively, the “Terms”), set forth the terms and conditions under which FUND GURU TEC LTD (“Fund Guru”, “We” or “Us”) makes available the Website and any services available there though or otherwise provided by Us (the “Services”).

By using the Website or any of the Services you agree to be bound by these Terms as may be amended from time to time (as set forth below).  Please read these Terms carefully before You continue to make any use of the Website. If You do not agree to these Terms, You should exit and cease any further use of the Website. For the purpose of these Terms, the term "use" means any entrance, access or attempt to access the Website or otherwise any action you may do or attempt to do in connection therewith.

The Website and Services are designated to corporate entities and not natural persons. If you are acting on behalf of a corporate, you hereby represent and warrant that you are authorized to act on behalf of such corporate and hereby undertake to be bound the Terms on its behalf. The Website and Services may NOT be used or utilized by those who, directly or indirectly, provide similar, complementary, alternative, or otherwise competitive services, unless We explicitly and knowingly approved in writing such use.

WEBSITE AND USAGE THEREOF

The Website was developed and designed as a platform intended to assist companies and other corporate business initiatives to be exposed to funding and/or grant programs (“Funding Programs”) through an automatic and simple process. Based on certain information regarding Your business, the Website will strive to automatically locate and provide You certain information available to Us about Funding Programs that may be relevant for You based on information you provide Us with (“Applicable Program(s)”). While we strive to make good match between Your needs and the Applicable Program(s), we cannot guarantee that in each case We will be able to locate an Applicable Program for You. Even if We find You eligible for funding under certain Applicable Program (s), we cannot guarantee that You will be actually entitled to receive any funding under such Applicable Program.  In addition, while we try to locate information from reliable sources and provide You with accurate and updated information regarding the Funding Programs, We cannot control, monitor, review or approve such sources or information. Funding and grants terms may often vary and may be presented at the Website in an inaccurate and/or non-updated manner. We make no representations or warranties in connection with any information regarding funding and grants available through the Website and We shall not be liable for any damages which may arise in connection with such information. We do not endorse any funding and/or grants, nor do any funding and grants represent any recommendation provided by Us and You should make Your decisions after due consideration and consultation and at Your own risk.

We authorize You to view the materials available to You at the Website, provided that (i) You keep all copyright and other proprietary notices contained in the original materials on any copies of the materials, (ii) Your use of such materials is for internal valuation of your own application for the programs presented to you through the Website, and will not be copied or posted on any network computer or broadcast in any media or otherwise be used for any other purpose (including any competitive activity with the Website or otherwise with Us), (iii) You may not modify the materials in any way or reproduce, publicly display, perform, distribute, transmit, or create derivative works from any of the materials on the Website, and (iv) You may not transfer the materials made available by Us (including through the Website) to any other person unless such person needs to be provided with such materials for the purpose of applying to the Applicable Program, and provided that such person agree to these Terms in writing (You shall be liable for any act or omission of such person). The above authorization does not include the design or layout of the Website, elements of which are legally protected and/or may not be copied or imitated in whole or in part and/or subject to any further restrictions mentioned at the Website (if any).  No logo, graphic, sound, or image from the Website may be copied or retransmitted unless expressly authorized by Us in writing. No other use of the materials is authorized. The materials at the Website are proprietary and any unauthorized use of any materials at this Website may violate copyright, trademark, and other laws.

It is specially clarified that you should not make any use of any estimated success score presented to You by the Website with respect to Applicable Program(s) except for Your internal examination as provided above and subject to all restrictions set forth herein and you are not allowed to use it for any competitive activity and/or in a manner that may adversely affect Us and/or anyone else. It is further clarified that such estimated success score does not necessarily guarantee You will be accepted to any program or be provided with any grant (even if such estimated success score is high). You further agree not to:

• sell, rent, lease, bundle, transfer, display, resell for profit or otherwise distribute the Website or any part thereof;
• modify the Website, or decompile, disassemble, or otherwise attempt, directly or indirectly, or reduce the Website to a human-perceivable form or disrupt the Website, servers or networks connected to the Website, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Website in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
• execute any data scraping from the Website.
• change, adapt, translate, and/or create derivative works based upon, the Website;
• remove or obscure any intellectual property (i.e. copyright and trademark) notices relating to the Website;
• create a database by systematically downloading and storing all and/or any content from the Website.
• monitor the Website’s availability, performance or functionality, or for any other benchmarking or use the Website, or any part thereof, for competitive purposes;
• gain a competitive advantage against Us;
• use the Website for any illegal, immoral or unauthorized purpose, to encourage criminal behavior, non-ethic manner, or conduct that would constitute a criminal offense under any law, or in a manner that could give rise to civil liability or other lawsuit;
• use the App and/or Services in a way that infringes or violates these Terms, or infringes or violates the rights of any user or other third party and/or any funding program terms included in the Website.

Without derogation from our cancelation rights as set forth below, We reserve the right at any time and from time to time, without being obligated to provide prior notice and/or any other liability, to modify, suspend, or discontinue, temporarily or permanently, the Website, the Services or any part thereof, or Your access thereto, and to modify, suspend or terminate the Website or any part thereof, all at its sole discretion. You will have no claim, complaint, or demand against Us and against any party related to Us (including any shareholder, employee consultant or affiliate of ours) (“Related Parties”), for applying any of such changes or for failures to apply such changes.

REGISTRATION

Use of the Website may require You to register and set up a user. Upon registering for an account, You may be required to choose a username and password, and provide certain details which will be part of Your profile, such as contact details and information about Your business and the products (“Profile Information”).

We are free to use and/or transfer Your Profile Information in any manner We deem appropriate subject to the terms of the Privacy Policy. You provide us with the Profile Information voluntarily and at Your own risk. While You are not obligated to provide us with the Profile Information, You acknowledge that some or all of Services (including those made available through the Website) may not be available without the Profile Information. You are responsible for all activities that occur through Your account. You will have no claim, complaint or demand against Us or any Related Party, in respect to any use or exposure of Your account and/or any information available thereunder and/or gathered by Us in Your respect (including the Profile Information) to anyone.

Some areas/services of the Website require specific authorization and are limited to authorized users only. You agree to access only areas of the Website to which you have authorization to access and not to attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Website.

SUBSCRIPTION

Access to certain areas and services available through Website is available subject to You purchasing a subscription (“Subscription”), to a pre-determined subscription period (“Subscription Period”). All prices shown in the Website do not include any taxes (such as VAT), which will be added according to law. Your right to use such areas/services is subject to due payment of all fees and strict compliance with all other provisions of these Terms.  

There are few levels of Subscriptions. Each level of a Subscription is limited to the amount of Applicable Program(s) with respect to which you may be provided with the information available to Us and/or the amount queries you may submit seeking such Applicable Program(s) (“Queries.

Unless otherwise agreed by Us in writing, if You do not view information made available per your Subscription (“Impressions”) and/or do not submit the entire number of Queries available to you under such Subscription in a given month, your entitlement to such Impressions and Queries shall be deleted and may not be carried forward for use in the following month.  

Fund Guru is entitled to modify the price for any Subscription at any time. Fund Guru shall apply the price stated in the Website at the time of the submission of the Subscription order by You.

At the end of each Subscription Period, your subscription will automatically renew for an additional Subscription Period unless terminated by either party pursuant to the terms hereof. Unless We agreed otherwise in writing, all fees are payable in advance. We shall charge the corresponding price by the same initial payment method. We may modify the price for the renewal of the Subscription, provided that You are informed with, at least, one-month prior notice.

The processing of the payment information and data through credit/debit card is made within third-party sites. When ordering any Subscription, You authorize Fund Guru to collect the corresponding price through the chosen payment method. The Subscription shall not be activated until Fund Guru has received the payment or the payment has been authorized by the relevant financing entity. After that, the Subscription shall be in force for the term purchased by You.

Unless we agreed otherwise in writing, paid fees are not refundable. Payment should be made by corporate credit card unless We have permitted You to select different payment method in Your order.

You may cancel your subscription thorough the Website with at least 7 days’ notice prior to the commencement of each subsequent subscription period.

We can immediately cancel or suspend Your subscription, in whole or in part, at any time with written notice to You (including thorough Your Website’s account) for any reason. In case of Our cancelation for convenience, We may, at our discretion, either allow You to utilize your last month Subscription during a certain period which shall not be longer than 30  days and/or refund You, on a pro-rata basis, any part of the periodic Subscription fees that relates to the unused portion of Impressions and/or Queries (for which You have paid in advance).  

Cancellation of a transaction is in accordance with the Consumer Protection Regulations (cancellation of a transaction), 2010 and the Consumer Protection Law, 1981.     

INTELLECTUAL PROPERTY

As between Us and You, We own all right, title and interest in and to all patents, copyrights, trademarks, trade secrets, and all other intellectual property or other property rights in or to the Website, the Services and any and all aspects thereof, including, without limitation, any and all text, content, design, images, logos, graphic, icons, audio and all functions therein (including the estimated successes score and any analyses made available through the Website), any of the foregoing at any time and as of their first creation.

THIRD PARTY CONTENT

The Website may make available to You content, services, products, advertisements, offers, and other content of third parties ("Third Parties" and "Third Party Content"). Third Parties Content includes also details and other information regarding the funding and grants appeared in the Website (“Funding”). Third Parties Content may also contain links to Third Parties websites that are not owned or controlled by Us.  We may also provide you with referrals to service providers that may assist You with the grant’s submissions and/or provide related services. We do not endorse, approve, monitor, check or control any of such independent contractors and make no representations, warranties or guarantees relating to them, including, without limitation, their performance or work products. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party website. By using the Website, You expressly consent to receive Third Party Content. We do not monitor Third Party Content and its availability through the Website does not constitute any endorsement or recommendation on our behalf.

The rights to such Third Party Content protected by applicable laws, including proprietary and intellectual property rights, are reserved by the parties who provide the Third Party Content, or their licensors, who may enforce their rights against You directly. Third Party Content may be subject to further terms of use, agreements, policies or other conditions. Please read and consent to such Third Party Content terms prior to making use of any Third Party Content.

We are not responsible for any Third Party Content and/or actions of or information regarding any Third Party and make no representation or warranty of any kind, either express or implied, regarding the Third Party Content and/or actions of any Third Party, including with respect to non-infringement of rights, accuracy, usefulness, safety of use or legal compliance. You will have no claim, complaint or demand against Us or against our Related Parties in connection with any Third Party and/or Third Parties Content.

NO WARRANTIES

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE ITS OPERATION AND THE INFORMATION AVAILABLE THEREON, INCLUDING WITHOUT LIMITATION, ANY INFORMATION REGARDING FUNDING AND/OR GRANTS, ESTIMATED SUCCESS SCORES, TERMS AND CONDITIONS, GRANT SUMS (SUCH AS THE MAXIMUM ESTIMATED GRANT), NUMBER OF APPLICANTS, NUMBER OF APPROVED APPLICANTS AND/OR ANY OTHER ANY STATISTICS IN CONNECTION THERETO, PROVIDED ON AN "AS IS" BASIS. YOU ARE RESPONSIBLE FOR MAKING YOUR OWN ASSESSMENT OF THE OF THE SUITABILITY OF PARTICULAR GRANTS AND INFORMATION THAT ARE MADE AVAILABLE TO YOU THROUGH THE WEBSITE FOR YOUR PURPOSES. WE MAKE NO WARRANTY OF ANY KIND, ‎EXPRESS ‎OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY REGARDING ‎THE ‎ACCURACY, MERCHANTABILITY, UP-TO-DATE, NON-INFRINGEMENT, ‎‎RELIABILITY, OPERABILITY, ERROR FREE, OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR ‎‎AVAILABILITY OF THE WEBSITE. WE FURTHER MAKE NO WARRANTY OF ANY KIND, EXPRESS OR ‎‎IMPLIED WITH REGARD TO SUCCESS OF THE WEBSITE FUNCTIONALITY, INCLUDING, WITHOUT LIMITATION, IN RESPECT TO THE SUCCESS IN MATCHING GRANT OR FUNDING THAT SUITS YOUR NEEDS OR RELEVANT FOR YOU, ANY MATCHING RATES, THE ELIGIBILITY FOR ANY PARTICULAR GRANT OR FUNDING, THE CHANCES TO ‎RECEIVE ‎ANY GRANT OR FUNDING OR IN RESPECT TO ANY INFORMATION WE RECEIVE REGARDING TO YOU AND ANY PROCESS THEREOF OR CONCLUSIONS RESULTED IN CONNECTION THERETO. WE DO ‎NOT PROVIDE YOU ‎WITH ANY REPRESENTATIONS, WARRANTIES ABOUT THE WEBSITE, THE USE OF THE WEBSITE AND THE RESULTS YOU MAY RECEIVE THERE THROUGH AND/OR IN RESPECT TO ANY SOURCE FROM WHICH WE RECEIVED INFORMATION PRESENTED TO YOU THROUGH THE WEBSITE.‎ WE RECOMMEND YOU TO OBTAIN AN INDEPENDENT LEGAL, ACCOUNTING, TAXATION, AND ‎OTHER ‎PROFESSIONAL ADVICE WITH REGARD TO PARTICULAR GRANT OR FUNDING BEFORE APPLYING FOR ‎SUCH.‎

You further assume full, exclusive and sole responsibility for the use of and reliance on the Website and on any responses or information provided to You through the Website, and acknowledge that any use of or reliance on the Website is made entirely at the Your own risk.  It is Your responsibility to make sure that Your use of the Website is legal in Your jurisdiction. We make no representation regarding its legality in Your country or jurisdiction.

LIMITATION OF LIABILITY

OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH US OR ANY OF OUR RELATED PARTIES IS TO DISCONTINUE YOUR USE OF THE WEBSITE. WE AND OUR RELATED PARTIES AND OUR AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN) ARISING FROM YOUR USE OF THE WEBSITE AND/OR IN CONNECTION TO ANY CONTENT OR ANY OTHER INFORMATION OR DATA PROVIDED TO YOU VIA THE WEBSITE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY LAW.

IN ANY EVENT OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS, IN CONNECTION WITH THE WEBSITE, THE SERVICES OR OTHERWISE, IF ANY, TO THE YOU OR ANY OTHER PERSON OR ENTITY, WILL BE LIMITED TO AN AMOUNT EQUAL TO THE LOWER OF (I) US$100 OR (II) THE MONTHLY SUBSRCIPTION FEE YOU HAVE PAID US DURING THE LAST MONTH IMMEDIATELY PRECEDING THE DATE OF THE CLAIM AND/OR DEMAND. THE EXISTENCE OF ONE OR MORE CLAIMS OR DEMANDS WILL NOT ENLARGE THIS LIMIT. THIS SECTION SHALL SURVIVE THE EXPIRATION AND/OR TERMINATION OF THESE TERMS.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Fund Guru and its Related Parties, and Fund Guru’s and Related Parties’ members, shareholders, officers, directors, employees, and agents, from and against any and all, direct or in direct, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), at Fund Guru first demand, arising from: (i) Your use of  the Website, and any use of the Website made through your account; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright or other intellectual property or privacy right and/or terms of any funding and/or grant included in the Website.  

MISCELLANEOUS

Entire Agreement. This Terms embody the entire agreement between You and Us and supersede any and all prior understandings and agreements, oral or written, relating to it.

Termination, suspension and/or expiration. In case of suspension, termination and/or expiration of Your usage rights of the Website pursuant to these Terms, We may disable Your access to the Website (and/or any portion thereof) and any personalized data, settings, specifications and/or customizations, information and alike that You may have created in or submitted to the Website will no longer be available and You must cease to make any use of the Website.

Assignment. Your user account may not be assigned to others. We may assign these Terms and any right or obligation in respect to the Website, in whole or in part, to anyone else.

Severability. If any term of this Terms is held unenforceable, for any reason, legal or other, that term shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining Terms shall remain in full force and effect.

Waiver. Our failure to enforce any term and/or right granted in this Terms will not constitute a waiver of such or any other term.

Amendments and Modifications. We, at any time and from time to time, may modify these Terms in whole or in part, without being obligated to provide You with a notice to that effect. Modifications to these Terms will be posted on the Website.

Notice. We may provide notices to You through certain instrument such as a pop-up window or other form of communication which will be viewable to You via the Website or by email to the email address specified by You, and any such notice shall be deemed received when so provided. Any notices to Us or question regarding these Terms may be sent to: info@fund-guru.com.

No Class Action. You expressly waive any right to resolve any dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated.

Governing Law and Jurisdiction. The courts of Tel-Aviv-Yafo, Israel shall have exclusive jurisdiction over any disputes hereunder. This Terms shall be interpreted exclusively in accordance with the laws of Israel.

If you have any concern/questions with respect to the aforesaid or otherwise in connection with this terms of use, please contact our designated person:

Name:           Nili Shohet

Address:       Hatkuma 10 app. 6 Raanana, Israel

Cell:                +972-52-3477807

Email:   nili@fund-guru.com

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