Terms Governing Access and Use

Eligibility and Acceptance of These Terms

By accessing or using Amplify, together with the website through which it is provided (the "Product"), you confirm that you are at least eighteen (18) years of age and legally competent to enter into a binding contract with us. You may not access, use, or accept this Agreement if the laws in the jurisdiction where you reside or from which you access the Product do not permit you to receive or use the services made available through the Product.

These terms (the "Agreement") apply to any download, installation, copying, access, or use of the Product, including any website or other online location through which the Product is made available. By downloading, installing, copying, accessing, or otherwise using the Product, you acknowledge that you have read this Agreement, understand it, and agree to be bound by it. If you do not agree to this Agreement, you must not download, install, copy, access, or use the Product. In this Agreement, "you" includes, where applicable, any company, organization, or other legal entity on whose behalf you act. If you accept this Agreement on behalf of an entity, you represent that you have authority to bind that entity to this Agreement. If you do not have that authority, you may not accept this Agreement or use the Product on behalf of that entity.

We may amend this Agreement from time to time. Any revised or updated version may be posted or otherwise made available through the Product and/or our website, and we may require you to review and accept the revised Agreement before you are permitted to continue using the Product. Depending on the nature of the change, continued use may also require you to install the latest available version of the Product.

If you continue to use the Product after an updated version of this Agreement takes effect, your continued use will be deemed acceptance of the updated terms. If you do not agree to the revised Agreement, your only remedy is to stop using the Product.

If you breach this Agreement, we may, in our discretion, issue you a warning or immediately suspend or terminate some or all of your access to the Product. You acknowledge that we are not required to provide advance notice before taking such action, although we may elect to do so.

By proceeding with the installation, you acknowledge and agree that we may activate certain changes to your browser environment, including search settings, the new tab experience, and other browser-related functions. Such changes may include setting or changing your default search provider, homepage, or new tab page to enable search functionality. By completing the installation, you expressly consent to and authorize these changes. For purposes of this Agreement, any such search functionalities will be considered part of the "Product," whether provided separately or together with the Product. You also acknowledge that, if you later remove the Product, your previous browser settings may not be restored automatically, and you may need to reinstate them manually through your browser settings or options. In addition, certain search functionalities may be provided, operated, or supported by third parties.

License Scope; Authorized Purposes; Use Restrictions

The Product includes software, content, and other materials owned by us and/or our licensors and protected under copyright, trademark, and other applicable intellectual property laws. You may not use the Product, or any intellectual property embodied in, incorporated into, or made available through the Product, in any way that infringes our rights or the rights of our licensors. Except to the extent expressly permitted by this Agreement or applicable law, you may not copy, reproduce, adapt, modify, publish, distribute, reverse engineer, recompile, create derivative works from, or otherwise exploit any software, application, utility, tool, file, or other intellectual property derived from, incorporated into, forming part of, or used in connection with the Product, nor may you use the Product in any unauthorized manner.

Provided that you accept and continue to comply with this Agreement, we grant you, for the duration of this Agreement, a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and/or use the Product solely for your internal purposes. For clarity, neither you nor any person acting on your behalf may use the Product for any commercial purpose unless we have expressly authorized that use in writing in advance. The Product is licensed to you, not sold, and you may exercise only those rights expressly granted under this Agreement. All rights not expressly granted to you are reserved by us.

We may, at our discretion, modify, improve, expand, or update the Product from time to time. Unless a separate license accompanies a particular update, that update will remain subject to this Agreement. You acknowledge that updates may change the Product and may affect the manner in which you access, use, or interact with it. We are under no obligation to provide maintenance, technical support, or any other support in connection with the Product.

Unless we expressly agree otherwise in writing, you may not reproduce the Product or make the Product, any portion of it, or access to it available to any third party.

Without limiting any other restriction in this Agreement, and unless we have first provided our written consent, you may not sublicense, rent, lease, lend, sell, auction, trade, gift, bequeath, assign, or otherwise transfer the Product, whether for consideration or free of charge. You may not use the Product for any unlawful purpose or in violation of any applicable law or regulation. You agree to access and use the Product only through methods that we make available or expressly authorize, and you may not create, facilitate, or distribute any means by which other persons may gain access to the Product. You must not attempt to obtain unauthorized access to the Product or to any related computers, servers, or networks, including by bypassing, disabling, impairing, manipulating, or altering any technical or security measure, device, or software. You also may not engage in conduct that imposes an unreasonable or disproportionate burden on our systems or infrastructure.

Availability of the Product; Disruptions; Downtime

In all circumstances, we disclaim liability for any interruption, suspension, or unavailability of the Product, and we may suspend or discontinue the Product at our sole discretion. We do not guarantee that the Product will be available at all times or that it will operate without delay, interruption, or error. Your ability to access or use the Product may be affected by numerous circumstances capable of causing outages or diminished performance, including your local network, firewall, internet service provider, access to the public internet, and power supply. We are not responsible for any outage, disruption, interruption, or delay resulting from the failure or inadequacy of any such factor, or from any other event or circumstance beyond our reasonable control, including pandemics, labour disputes, strikes, lockouts, shortages of energy, raw materials, or supplies, war, terrorism, riots, acts of God, governmental actions or regulations, military activity, political interference, network or server failures, infrastructure breakdowns, or shortages of labor, fuel, energy, or technological resources.

Acceptable Use Requirements

You may not use the Product to defraud us or any other user, or attempt to do so, and you may not use the Product in bad faith. If we determine, in our sole discretion, that you have acted in bad faith, breached this Agreement, or engaged in conduct falling below reasonable standards of use, we may terminate this Agreement and limit, block, or otherwise prevent your use of the Product. Without limiting the foregoing, you agree that you will not:

• upload, post, transmit, or otherwise distribute any material that a reasonable person would consider vulgar, indecent, obscene, pornographic, sexual, offensive, or otherwise objectionable;
• libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, bully, discriminate against, or otherwise abuse any person, including in a hateful, racial, ethnic, or similarly abusive manner;
• make any statement or representation concerning us unless we have first approved it in writing; or
• engage in fraudulent conduct involving payment methods or advertiser tracking mechanisms.
• interfere with, intrude into, hack, or decipher any communications to or from the servers or systems associated with the Product;
• upload, send, post, or otherwise distribute any virus, Trojan horse, worm, time bomb, cancelbot, corrupted file or data, or any other code, software, or program that could damage, disrupt, or impair the Product or the devices or systems of other users;
• violate any applicable law or regulation, or encourage, support, or promote unlawful activity, including copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking, or distribution of counterfeit software;
• copy, rent, lease, sell, assign, transfer, sublicense, disassemble, reverse engineer, decompile, alter, or modify any part of the Product;
• use, upload, transmit, distribute, or otherwise make available through the Product any information or material in a manner that infringes any contractual right, personal right, intellectual property right, or other right of any person or entity, including any copyright, trademark, patent, trade secret, privacy, or publicity right;

Ownership of the Product; Intellectual Property

Any right, title, and interest in and to the Product and all content, materials, and components made available through, contained in, or embodied in the Product, including software, interfaces, designs, layouts, graphics, text, information, images, video, audio, music, files, and the selection and arrangement of the foregoing (collectively, "Product Components"), are and will remain vested in us, our affiliates, and/or our licensors. The Product Components are protected by applicable copyright, trademark, patent, trade dress, international convention, and other intellectual property and proprietary rights laws. Except for the limited rights expressly granted under this Agreement, no right, title, license, or other interest in any Product Components is transferred or granted to you.

You are not required to provide us with any feedback, ideas, or suggestions regarding the Product or any Product Components. If you nonetheless submit comments, proposals, recommendations, or suggestions relating to the correction, modification, improvement, or enhancement of the Product or any Product Components, you grant us a non-exclusive, irrevocable, worldwide, royalty-free license, together with the right to sublicense, to use, disclose, reproduce, display, perform, modify, make, have made, use, sell, offer for sale, and otherwise exploit those submissions, and any products, services, or content embodying them, in any manner and through any media, without acknowledgment or compensation.

Unless we have given our express prior written consent, you may not, and may not permit or authorize any third party to, copy, reproduce, republish, scrape, download, display, post, transmit, distribute, transfer, rent, lease, sublicense, sell, modify, decompile, disassemble, reverse engineer, frame, create derivative works from, or otherwise exploit any Product Components, in whole or in part, for any purpose other than using the Product as expressly permitted under this Agreement. Any copying, redistribution, or other use of the Product Components in breach of this Agreement is strictly prohibited and may result in termination of your access to the Product, as well as civil and criminal liability to the fullest extent permitted under applicable law.

Disclaimers; Liability Limits; Indemnity

You acknowledge and agree that your use of the Product is entirely at your own risk. The Product is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions, and representations of every kind, whether express, implied, statutory, oral, or written, including any implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, usefulness, authority, accuracy, completeness, and timeliness.

Without limiting the foregoing disclaimer, we do not warrant or represent that the Product will satisfy your requirements, operate continuously, be uninterrupted, secure, error-free, or free from viruses, or that any defects will be corrected. We make no representation or warranty regarding the use of the Product or any results produced through its use, including with respect to correctness, accuracy, quality, reliability, or fitness for any particular task or application. No oral or written information or advice provided by us or any authorized representative will create any warranty or otherwise enlarge this disclaimer. You assume all responsibility for, and all risk arising from, your use of the Product. We do not warrant or represent that our security procedures will prevent loss of your data or unauthorized access to it, and we disclaim responsibility for transmission errors, corruption, or the security of information transmitted over telecommunications lines.

We are not responsible for third-party content provided as part of the Product, including webpages, websites, search results, and advertisements. You should review the relevant terms or policies of these third parties, as these will govern their use once they interact with the content. We do not endorse third-party content and is not liable for it.

To the maximum extent permitted by applicable law, neither we nor any of our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers, or any other person or entity acting on our behalf will be liable to you or any third party for any special, direct, indirect, incidental, punitive, exemplary, or consequential damages of any kind, including lost profits or lost data, arising out of or relating to your use of the Product or any materials accessed through or downloaded from the Product, whether the claim is based on warranty, contract, tort, strict liability, or any other legal theory, and whether or not we were advised of the possibility of those damages. If, notwithstanding this paragraph, we are found liable for any damages arising from your use of the Product, our total aggregate liability for all such damages will not exceed US $100.

You agree to defend, indemnify, and hold harmless us, our affiliates, and each of our and their respective directors, officers, contractors, partners, employees and agents, from and against any losses, liabilities, claims, demands, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to any of the following:

Your use of the Product, and your access to any Product Components, do not grant you any ownership interest in the Product Components or in any derivative works based on them.

• your breach of any provision of this Agreement; and/or
• our infringement of, or other violation of, any third-party right, including any copyright, property, or privacy right.
• your access to, or use of, the Product;
• any access to or use of the Product by any person acting on your behalf;

Certain laws do not permit limitations on implied warranties or the exclusion or limitation of certain categories of damages. Where those laws apply to you, the foregoing disclaimers, exclusions, and limitations will apply only to the fullest extent permitted by applicable law.

Electronic Notices and Communications

You agree that we may deliver notices to you by electronic means, including through the Product and/or through other applicable contact details. We may also notify you of changes to this Agreement, or other matters, by posting notices or links to notices generally within the Product. You acknowledge and agree that any agreements, notices, disclosures, and other communications that we provide in this manner satisfy any legal requirement that such communications be in writing. Any notice sent to you by e-mail will be deemed sufficient and effective when sent, whether or not you access, review, or actually receive it.

Governing Law; Jurisdiction; Resolution of Disputes

You agree that the courts of Israel will have personal and exclusive jurisdiction over any dispute arising out of or relating to this Agreement or your use of the Product, as well as any other court of competent jurisdiction that we may designate. This Agreement, and any such dispute, claim, or controversy, will be governed by and construed in accordance with the laws of Israel, without regard to any conflict of laws principles that would require the application of the laws of another jurisdiction. Any dispute or claim shall be brought exclusively before a court of competent jurisdiction in Israel and not before any other court. You expressly consent to the jurisdiction and venue of the courts in Tel-Aviv, Israel, and waive any objection based on lack of personal jurisdiction or forum non conveniens. If any dispute arises out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, the parties are strongly encouraged to first seek to resolve the matter through our customer support channels.

Suspension; Termination; Further Remedies

At any time, for any duration, and without prior notice, we may suspend your access to the Product, terminate your access to the Product, and/or immediately terminate this Agreement in our sole discretion, including if you breach this Agreement or any applicable terms of service, if we determine in our sole discretion that you have intentionally infringed the intellectual property rights of a third party, if we are unable to verify or authenticate information you have provided to us, or if you engage in conduct that we consider inappropriate, abusive, or inconsistent with the intended use or spirit of the Product. In such cases, we reserve the right either to warn you or to immediately suspend or terminate some or all of your access to the Product.

Regardless of anything else stated in this Agreement, if the Product or your access to it is suspended, terminated, or cancelled for any of the reasons described above, whether temporarily or permanently, or if we terminate this Agreement in those circumstances, you may immediately lose access to the Product. We also reserve all rights to pursue any additional remedies available to us under applicable law.

You acknowledge and agree that we have no obligation to give advance notice before suspending or terminating your access to the Product, although we may choose to do so in our discretion.

Privacy Notice and Data Handling Practices

Information collected through the Product, or otherwise in connection with it, will be collected, used, stored, and processed in accordance with our Privacy Notice. Any Personal Data, as defined in that Privacy Notice, collected through the Product is governed by the Privacy Notice, which you should review to better understand our handling of Personal Data.

Miscellaneous Provisions

This Agreement represents the complete and exclusive understanding between you and us regarding its subject matter and supersedes all prior or contemporaneous proposals, discussions, communications, understandings, and agreements, whether oral or written, relating to that subject matter.

Our failure or delay in enforcing any provision of this Agreement will not operate as a waiver of our right to enforce that provision or any other provision in the future. If a court of competent jurisdiction finds any provision of this Agreement to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

To the maximum extent permitted by applicable law, and regardless of any contrary statute or rule of law, any claim or cause of action arising out of or relating to the Product must be initiated within one (1) year after it first accrues, or it will be forever barred.

For questions regarding this Agreement or the Product, please contact us at: [email protected].