We reserve the right to unilaterally amend these Terms at any time by posting the modified version at https://www.ioriver.io/terms-of-use . In such cases, we will provide you with notice through a pop-up or banner within the service, by sending an email (or other written notice) to you, or through other similar mechanisms. The modified Terms shall become effective and binding seven (7) days following such notification (unless the notification specifies a later effective date).
You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the Site.
- Background. The Site is intended to provide you information on IO River and its services, including, the virtual-edge platform ("Platform").
- Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective 10 days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
- Ability to Accept Terms. The Site is only intended for individuals aged 18 years or older. If you are not 18 years old, please don’t make use of our Site without the authorization of your parents or guardians.
- Site Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.
- Restrictions. Except as specifically permitted herein, without the prior written consent of IO River, you must not, and shall not allow any third party to, directly or indirectly: (i) copy, modify, create derivative works of, make available or distribute, publicly perform, or display any part of the Site (including by incorporation into its products), or use the Site to develop any service or product that is the same as (or substantially similar to) it or any part of it (such as the Platform); (ii) sell, license, lease, assign, transfer, pledge, rent, sublicense, or share your rights under these Terms with any third party (including but not limited to offering the Platform and/or the Content as part of a time-sharing, outsourcing or service bureau environment); (iii) use any “open source” or “copyleft software” in a manner that would require IO River to disclose the source code of the Platform to any third party; (iv) disclose the results of any testing or benchmarking of the Platform or any part of it to any third party; (v) disassemble, decompile, decrypt, reverse engineer, extract, or otherwise attempt to discover the Platform’s source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas, or algorithms); (vi) remove or alter any trademarks or other proprietary right notices displayed on or in the Site; (vii) circumvent, disable or otherwise interfere with security-related features of the Site or features that enforce use limitations; (viii) export, make available or use the Site in any manner prohibited by applicable laws; and/or (ix) store or transmit any malicious code (i.e., software viruses, Trojan horses, worms, robots, spiders, malware, spyware or other computer instructions, devices, or techniques that erase data or programming, infect, disrupt, damage, disable, or shut down a computer system or any component of such computer system) or other unlawful material in connection with the Site.
- Account. In order to use some of the services of the Site, as the Pltaform, you may have to create an account (“Account”). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify IO River immediately of any breach of security or unauthorized use of your Account. As between you and IO River, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to IO River at: firstname.lastname@example.org
- Payments to IO River. Except as expressly set forth in the Terms, your general right to access and use the Site is currently for free, but IO River may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site.
- Intellectual Property Rights
8.1 Content and Marks. The Site is not for sale and is IO River’s sole property. All right, title, and interest, including any intellectual property rights evidenced by or embodied in the: (i) Platform; (ii) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, any other information and services (collectively, the “Content”); and (iii) the trademarks, service marks and logos contained therein (“Marks”), are the exclusive property of IO River and/or its licensors (as relevant) and may be protected by applicable copyright or other intellectual property laws and treaties. “IO River logo" and other marks are Marks of IO River or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content and to any part of them.
8.2 Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
8.3 Feedback. If IO River receives any feedback (which may consist of questions, comments, suggestions or the like) regarding the Site (collectively, “Feedback”), all rights, including intellectual property rights in such Feedback shall belong exclusively to IO River. You hereby irrevocably and unconditionally transfers and assigns to IO River all intellectual property rights it has in such Feedback and waives any and all moral rights that you may have in respect thereto. It is further understood that use of Feedback, if any, may be made by IO River at its sole discretion, and that IO River in no way shall be obliged to make use of the Feedback.
8.4 Any anonymous information, which is derived from the use of the Site (i.e., metadata, aggregated and/or analytics information and/or intelligence relating to the operation, support, and/or your use, of the Site) which is not personally identifiable information (“Analytics Information”) may be used by IO River for providing the Site and its related services, for development, improving the Site and/or for statistical purposes. Such Analytics Information is IO River's exclusive property.
- Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
- Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including to investigate potential violations of them; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of IO River, its users or the public.
- Links. Third Parties.
11.2 IO River permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with IO River or present any false information about IO River and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website (“Third Party Website”) which prohibits linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
11.3. The Platform may use or include third party open source software, files, libraries or components that may be distributed to you and are subject to third party open source license terms. A list of such open source software or components will be provided upon request. If there is a conflict between any open source license and these Terms, then the open source license terms shall prevail but solely in connection with the related third party open source software. IO River makes no warranty and does not provide any indemnity hereunder with respect to any third party open source software.
- Warranty Disclaimers
13.1 This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
13.2 THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. IO RIVER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IO RIVER DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT IO RIVER WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
13.3 BETA MODE. YOU ACKNOWLEDGE THAT THE PLATFORM AND THE SITE ARE IN A “BETA” STATE OF DEVELOPMENT. THE PLATFORM AND THE SITE ARE CURRENTLY UNDERGOING TESTING AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICES AS DESCRIBED IN THE DOCUMENTATION MAY NOT BE FULLY IMPLEMENTED, AVAILABLE, OR REFINED. AS WITH ANY BETA VERSION, THERE MAY BE UNRESOLVED ISSUES AND IO RIVER MAY NOT OFFER FULL OR ANY TECHNICAL SUPPORT FOR THE BETA VERSION OF THE SERVICES AND/OR THE SITE. YOU ARE ADVISED TO SAFEGUARD YOUR DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE PLATFORM AND/OR ACCOMPANYING MATERIALS OR SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT YOUR USE OR ACCESS OF THE SERVICES MAY RESULT IN THE LOSS OR CORRUPTION OR DATA AND IO RIVER HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY THEREFORE. IO RIVER STRONGLY ENCOURAGES YOU TO BACK UP ALL DATA AND INFORMATION.
13.4 IO RIVER DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT, REPORTS, INFORMATION OR RESULTS THAT YOU OBTAIN THROUGH THE USE OF THE SITE AND ITS RELATED SERVICES (COLLECTIVELY, THE “REPORTS”), OR THAT THE REPORTS ARE COMPLETE OR ERROR-FREE. THE REPORTS DO NOT CONSTITUTE LEGAL ADVICE, AND YOU UNDERSTAND IT MUST DETERMINE FOR ITSELF THE NEED TO OBTAIN ITS OWN INDEPENDENT LEGAL ADVICE REGARDING THE SUBJECT MATTER OF ANY REPORT AND/OR ANY SOFTWARE THAT YOU USE OR IS CONSIDERING TO USE. YOUR USE OF AND RELIANCE UPON THE REPORTS IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND IO RIVER SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU IN CONNECTION WITH ANY OF THE FOREGOING
13.5 YOU SPECIFICALLY ACKNOWLEDGE THAT IO RIVER SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
13.6 YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT IO RIVER IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. IO RIVER RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
- Limitation of Liability
14.1 TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IO RIVER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF IO RIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
14.2 TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF IO RIVER FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, ACTUALLY PAID BY YOU TO IO RIVER FOR USING THE SITE DURING THE 3 MONTHS PRIOR TO BRINGING THE CLAIM. IN CASE NO FEES ARE ACTUALLY PAID BY YOU TO IO RIVER THE AGGREGATE LIABILITY OF IO RIVER FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE SHALL IN NO EVENT EXCEED USD1,000 (ONE THOUSAND UNITED STATES DOLLARS).
- Indemnity. You agree to defend, indemnify and hold harmless IO River and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your interaction with any Site user; or (iii) your violation of these Terms.
- Suspension, Term and Termination. If IO River reasonably believes that you are using the Site in a manner that may cause harm to IO River or any third party then IO River may, without derogating from IO River’s right to terminate these Terms for any breach hereof, suspend IO River’s access to and use of the Site (or parts of the Site) until such time as IO River believes the threat of harm, or actual harm, has passed. These Terms are effective until terminated by IO River or you. IO River, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). IO River shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 15 and Sections 5 (Restrictions), 8 (Intellectual Property Rights), 13 (Privacy), 14 (Warranty Disclaimers), 15 (Limitation of Liability), 16 (Indemnity), and 19 (Independent Contractors) to 21 (General) shall survive termination of these Terms.
- Customer Reference. You agree that IO River may use your company's name and logo to identify such company as a customer of IO River or user of the Platform, on IO River's web site, marketing materials or otherwise.
- Independent Contractors. You and IO River are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and IO River. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of IO River.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by IO River without restriction or notification to you.
- General. IO River reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and IO River shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel-Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that IO River may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and IO River concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: December 26, 2022