Terms

Terms

Terms

and Conditions

and Conditions

and Conditions

Planck Resolution Ltd. and its affiliate, Planck Re, Inc., (collectively, "Planck", "us", "our", or "we") have developed: (i) an informational website that provides information about our company as well as articles, videos, and other forms of content, which we'll refer to as the "Site"; and (ii) a platform that provides data insights and analytics tools for researching businesses, including as available through the PLUS platform or the Planck Web App ("Solution"), which may include different modules that provide a variety of supplementary services. These Terms of Service ("Terms") govern your access to and use of the Site, Solution, and applicable services and Content (defined below) available thereon, if and as available from time to time (the Site and Solution, and/or the services available, are collectively referred to as "Services"). Our Privacy Notice ("Privacy Notice") governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). "You" means any visitor of the Site or any user of the Solution or Services.

By agreeing to these Terms, you acknowledge and agree that depending on your location, you are contracting either with Planck Re, Inc., if you are located in the United States or with Planck Resolution Ltd., if you are located elsewhere in the world.

You may register to use the Solution on a demo or trial basis, in which case, you will not have access to the full functionality of the Solution.

You may be provided with access to the Services pursuant to an agreement we have signed with a company or organization with which you are affiliated ("Company"), including a statement of work or proof of concept agreement, ("Services Agreement"). If there is a conflict between these Terms and the Services Agreement, the terms of the Services Agreement will override these Terms.

If you are registering on behalf of the Company that you represent, acceptance of these Terms also indicates your acceptance of the price quote provided by Planck. These Terms, together with the price quote shall be considered the Services Agreement. In such case, you represent that you are authorized to enter into and bind the Company to these Terms and register for the Services and you shall be solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Company. In such case, the term "you" is also meant to refer to the Company, where it makes sense from the context.

1. Use of Services

1. Use of Services

1.1. Subject to these Terms and the Services Agreement, Planck allows you to access and use the Solution and Services on a non-exclusive basis for your own or the Company's internal business purposes or as part of a solution you or the Company may provide to third parties, as more fully detailed in Section 6.2 below.

1.2. Use of and access to the Solution and Services is void where prohibited by law. You represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and have the ability to form a binding contract; (d) your use of the Solution and Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Services.

1.3. Evaluation. You may be provided with access to the Services on a trial basis, in the context of proof of concept project ("Evaluation") which was approved by us over email communication, for a period of time to be determined by us, beginning as of your acceptance of these Terms. In such case:

1.3.1. We grant you a limited, non-exclusive, non-transferable right to access and use the Services during the course of the Evaluation and solely for the limited purpose of carrying out the Evaluation, provided that you may use the Services only for your internal business and commercial purposes and further provided that the permitted uses of Content under Section 6.2 shall not apply.

1.3.2. Upon receiving the insights, you will provide Planck with all relevant feedback, including a cooperative analysis of the insights as well as the results of your Evaluation. Planck can also provide an analysis of the insights or provide support in measuring them.

1.3.3. It is clarified that if you are participating in an Evaluation, you will not be entitled to receive any software (including any other executable or source code) from Planck.

1.4. Seat-based Solution. As set out in the Services Agreement, the Solution may be licensed on a per-seat basis. In such a case, each seat purchased by Company is designated for the exclusive use of a single identified individual. Company acknowledges and agrees that the license for each seat is non-transferable, and simultaneous use or sharing of a seat by multiple users is strictly prohibited. Company is responsible for maintaining accurate information about its designated users and promptly notifying Planck of any changes. Unauthorized use of seats may result in additional fees, termination of services, or legal action. Planck reserves the right to monitor seat usage for compliance. Upon termination of the Services Agreement, all seat licenses shall cease. Any reassignment of seats or addition of new seats requires prior approval from Planck.

1.5. Modules. Depending on the plan you have selected, you may have access to certain modules or features. The registration process for each such module shall be detailed on the Site.

  1. Account Registration

2.1. As stated above, you can access the Solution and certain limited Services (including as part of a demo or trial) without registration. To access or use additional features or Services, you will need to have a registered account. To complete the registration process, you must provide all registration information as requested by us, some of which may be optional.

2.2. If your account is associated with a Company account, different users may be granted different permissions.

2.3. Planck may refuse to open an account for any individual or entity at its sole discretion and/or limit the number of users that may be associated with a Company, at its sole discretion, all subject to applicable law.

2.4. You agree to notify us immediately of any unauthorized use of your account(s) or password. You are fully and solely responsible for the security of your computer system and/or mobile device and all activity on your account(s), even if such activities were not committed by you. To the fullest extent permitted by applicable law, Planck will not be liable for any losses or damage arising from unauthorized use of your account(s) or password(s). We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the Services.

3. Termination of Account

3.1. Other than in the case of an Evaluation or if agreed otherwise in a Services Agreement, you acknowledge and agree that Planck may suspend or terminate your account(s) at any time by providing three (3) days prior notice.

3.2. Unless set forth otherwise in a Services Agreement or price quote, You may request termination of your Planck account(s) or the Evaluation, as applicable, at any time and for any reason by sending an email to support@planckdata.com. Following such a request, Planck shall close your account(s) as soon as reasonably practicable. Any suspension or termination of your account(s) shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations or obligations in connection with a minimum commitment period), which by their sense and context are intended to survive such suspension or termination.

3.3. In addition, upon occurrence of any of the following events, Planck may suspend or terminate your account(s) with immediate effect and may take any other corrective action it deems appropriate: (i) termination, suspension or expiration of the Services Agreement for any reason (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is illegal or harmful to other users, third parties, or the business interests of Planck, or (v) failure to make payment in accordance with the terms specified herein or in the Services Agreement, as applicable, including chargebacks. If any of your accounts are terminated, you may not rejoin Planck again without express permission. Planck may modify or discontinue the Services for all users at any time, provided, however, that to the extent such material changes are made to the core features of the Services, you will be notified of such changes and offered the opportunity to terminate your outstanding subscription. Upon termination of your account(s), you shall not have any further access to any Content that may be available through such account.

3.4. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or User Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.

4. Fees and Payment 

4.1. You agree to pay Planck the fees as agreed in the Services Agreement, in the price quote provided by Planck, or as specified on the website in accordance with the plan for which you have registered. In certain cases, for trial purposes, as agreed with Planck, access may be granted to the Services without any requirement for payment.

4.2. Unless otherwise agreed, payments are to be made on a basis, in advance of the applicable . You will not be eligible for a refund in respect of any period paid in advance.

4.3. You will be asked to provide customary billing information such as name, billing address and credit card information either to Planck or its third-party payment processor(s). You hereby authorize the collection of such amounts by charging the credit card provided, either directly by Planck or indirectly, via a third-party online payment processor or by one of the payment methods described in the Services Agreement. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing the use of that service. Please review the payment processor's terms and conditions and privacy notice before using such services.

4.4. Where applicable, taxes may also be charged. If payments are subject to tax withholding, the amount to be withheld will be added quarterly or annual monthly period month to the fees charged. Please note that Planck may impose or deduct foreign currency processing costs on or from any payments or payouts. When converting currency, prices may be rounded up to the nearest whole number.

5. Customer Data

5.1. In order to provide the Services, Planck collects certain data provided by Customer, as may be further described in the definition of applicable capabilities and features provided by Planck (“Customer Data”). Customer retains sole ownership of all Customer Data. Planck may append other data elements to Customer Data, such as public web data, third party vendors’ data, and/or predictions of machine learning models. Subject to the foregoing, Planck analyzes all such data (including Customer Data) in order to provide Customer with the Services, including for the purposes of generating analysis and reports for the Customer.

5.2. In addition to the above, Planck may use such data (including Customer Data) for improving the Solution or the Services (including the algorithms and models used by the Solution) made available to all customers of Planck.

5.3. Planck will implement reasonable security measures appropriate to the nature of the Customer Data including without limitation, technical, physical, administrative and organizational controls, and will maintain the confidentiality, security and integrity of such Customer Data.

5.4. Planck may disclose Customer Data to the extent required by applicable law or to cooperate with a law enforcement investigation.

5.5. Upon Termination of the account, Customer may request in writing that all Customer Data will be destroyed, in which case Planck will destroy all Customer Data which is in Planck's possession.

5.6. For avoidance of doubt, information received from the Customer, which is publicly available, shall not be deemed as Customer Data.

6. Content

6.1. Certain types of content may be made available through the Services. "Content" as used in these Terms means, collectively, all content on or made available through the Services, including (i) any information, reports, repositories, and insights provided about businesses, (ii) blog posts, case studies, white papers, web pages, marketing and product materials such as brochures, presentations, and videos, and any modifications or derivatives of the foregoing.

6.2. In no event may you resell or transfer any Content that is provided as part of the Services to third parties without Planck's prior written consent in each instance. You may, however, include Content as part of a solution or services that you provide to third parties, provided that your solution does not compete with Planck, as determined by Planck at its sole discretion. You may also use the Content to create derivative data sets, provided that such derivative data sets include multiple sources of data and further provided that it shall not be possible to trace data back to Planck's raw data. To the extent that Planck determines that Content is not being used in accordance with these Terms or the intended purpose, Planck may suspend your access to certain Services or may terminate the Services Agreement (where applicable) or these Terms in accordance with Section 3.

6.3. Throughout your use of the Services, you will be provided with an opportunity to provide feedback and information to us, such as information regarding the accuracy of certain insights or other Content ("User Content"). We collect this User Content in several ways, including through our dedicated feedback API or feedback sections in the user interface, based on your actions through our dashboard (e.g. accepting/rejecting of insights) as well as in written and verbal communications with you.

6.4. Content comes from a variety of sources including other users of the Services. You understand that Planck is not responsible for the accuracy, usefulness, safety, appropriateness, or infringement of any intellectual property rights of or relating to the Content (including but not limited to Content that is based on User Content). Although users must agree to these Terms, it is possible that other users (including unauthorized users) may provide or transmit offensive or obscene materials and that you may be involuntarily exposed to such offensive or obscene materials. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto.

6.5. PLANCK DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT. PLANCK DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO PLANCK'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.

7. User Content Restrictions

7.1. Planck has no obligation to accept, display, or maintain any User Content. Moreover, Planck reserves the right to remove and permanently delete any User Content provided by you. You are and shall remain at all times fully and solely responsible for any User Content that you provide. You represent and warrant that any User Content that you provide (i) complies with applicable law; (ii) does not infringe or violate any third-party intellectual property rights, privacy or publicity rights, or moral or other rights; and that (iii) you have all necessary rights, licenses, consents, and authorities required under applicable law to submit such User Content and to allow us to use such User Content as completed hereunder. Any User Content submitted through the Services shall not be considered confidential and you grant Planck a non-exclusive, royalty free rights and license to use, modify and create derivative works of the User Content in order to enrich and improve the Content and Services that Planck provides to other users of the Services, to provide better customer support and success, to create new products and services, and to understand the types of products and markets that would be of interest to our users. You agree that Planck may use the User Content as described and that it may be disseminated by Planck without restriction and without compensation to you and that you shall have no claims against Planck with respect to its use of User Content.

7.2. Without limiting the foregoing, you agree that you will not transmit, submit or upload any User Content or act in any way that:

7.2.1. violates the legal rights of others, including defaming, abuse, stalking or threatening users or individuals;

7.2.2. infringes (or results in the infringement of) the intellectual property, moral, publicity, privacy, or other rights of any third party;

7.2.3. is (or you reasonably believe or should reasonably believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; and/or

7.2.4. does not comply with all applicable laws, rules and regulations.

8. Use Restrictions

You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Services without our prior written authorization, including framing or mirroring any part of the Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (3) use the Services or content thereon in connection with any commercial endeavors in any manner, except as specifically permitted in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (5) use or access another user's account or password without permission; (6) modify, sublicense, sell, distribute or provide the Solution to any third party; and/or (7) use the Services or content thereon in any manner not permitted by these Terms or applicable law.

9. Intellectual Property

Planck or its licensors, as the case may be, have all right, title and interest in the Services, Solution, including all enhancements, improvements and modifications thereof, including without limitations any modifications or developments relating to the Solution made pursuant to an agreed statement of work and any Content thereon, including their overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Content of the Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Planck or any third party. Planck does not request Customer’s feedback regarding the Planck Property. Notwithstanding the foregoing, if Customer provides Planck with any feedback regarding the Planck Property, Planck may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

10. Confidentiality

10.1. Confidential Information. Each of you and Planck (each, a "Recipient") may have access to certain non-public or proprietary information of the other party (each, a "Disclosing Party") including any technical or non-technical information related to the other party's business and current, future and proposed products, services, and customers in each case whether or not specifically designated as "confidential" or "proprietary" ("Confidential Information"). The Services, and any functionality therein, as well as the terms of the Services Agreement (if relevant) shall be considered the Confidential Information of Planck. Any feedback you may provide Planck shall be considered the Confidential Information of Planck.

10.2. Nondisclosure Obligations. Except as permitted herein, Recipient may not use, disseminate, or in any way disclose the Confidential Information except for purposes of providing or receiving the Services or in furtherance of the relationship of the parties hereunder. Recipient may use the Confidential Information solely for the purposes set out in these Terms. Recipient shall treat all Confidential Information with the same degree of care as it accords to its own Confidential Information but in any event with a high degree of care. Recipient shall disclose Confidential Information only to those of its employees or representatives who have a need to know the information in order for Recipient to perform its obligations under these Terms and which are bound by non-disclosure and non-use obligations no less restrictive than those set out herein. Without derogating from the aforesaid, Recipient shall bear full responsibility for any harm caused to Disclosing Party by disclosure to its employees or representatives. The obligations set forth in this section shall survive termination of these Terms for any reason.

10.3. Exclusions. Recipient's obligations hereunder do not apply to any Confidential Information that Recipient can demonstrate by written records (a) was in the public domain at or subsequent to the time the Confidential Information and was received by Recipient through no act or omission of Recipient; (b) was rightfully in Recipient's possession free of any obligation of confidence at or subsequent to the time the Confidential Information was communicated to Recipient by Disclosing Party; or (c) was independently developed by Recipient without use of, or reference to, any Confidential Information. A disclosure of any Confidential Information by Recipient in response to a law, regulation, or governmental or judicial order ("Order") will not be considered to be a breach of these Terms or a waiver of confidentiality for other purposes; provided, however, that Recipient, to the extent permitted by such Order: (i) provides prompt prior written notice thereof to Disclosing Party of such Order; (ii) reasonably cooperates with Disclosing Party in opposing such disclosure; and (iii) only discloses to extent required by such Order.

11. Disclaimers and Disclaimer of Warranty

11.1. All information and Content available through the Services is for informational purposes only and Planck provides no guarantees with respect thereto. Your use of the Services is at your sole discretion and risk. Unless explicitly stated otherwise in a specific service level agreement, the Services, and Content thereon, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that the Services will be of good quality or useful for your needs. Specifically, Planck does not guarantee the level of accuracy, coverage, recall, precision or any other statistical measurement of the insights provided over the Solution.

11.2. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES OR ANY CONTENT THEREON OR OTHERWISE PROVIDED BY US, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY CONTENT OR INFORMATION PROVIDED ON THE SERVICES.

11.3. No advice or information, whether oral or written, obtained by you from us or in connection with the Services, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

11.4. Subject to your written request prior to entering into any engagement with us, we are prepared to reasonably negotiate in good faith these Terms.

12. Chat Features

12.1. We may use certain chat features powered by third-party GenAI (defined below) platforms in order to provide you with direct answers in an easily accessible format. The use of GenAI to enhance our Solution involves cutting-edge technology. While we strive for accuracy and make efforts to constantly test our databases, we cannot guarantee its absolute level since the answers may be influenced by factors such as the availability of relevant information on the specific question posed and therefore, we cannot guarantee the accuracy of the responses. By using our Services, you acknowledge and accept that we take no responsibility for any inaccuracies in the answers provided.

12.2. While we strive to maintain a respectful environment, we do not endorse or take responsibility for any harmful or offensive content conveyed through our chat features. You are encouraged to report such content, and we reserve the right to take necessary actions. By using our Services, you acknowledge that we are not liable for any harm caused by messages exchanged within any chat features.

For the purposes of these Terms, "GenAI" refers to computer systems that use a large language model, machine learning, deep learning, or other AI techniques to generate outputs.

12.3. Please be advised that our chat feature is powered by an AI bot and not a real human. While it provides helpful information, it may not have the full capabilities of a human agent. We request that you use it responsibly. We are not liable for any damages resulting from reliance on the Planck AI bot's responses.

12.4. When using our chat feature, please be aware that we may save questions and answers from your interactions to enrich and improve our Services. This data helps us improve our AI algorithms, allowing us to better understand user needs and preferences. By using our chat features, you consent to the collection and use of this data for the purpose of system enhancement and Service improvement. Rest assured that we handle your data with the utmost confidentiality and in compliance with applicable data protection laws and regulations. If you would like more information about our data practices, please refer to our Privacy Notice.

13. Limitation of Liability

13.1. Without derogating from any of the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the internet or on the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death and any injury or damage to any person's property, including mobile device or computer, resulting from the conduct of any users of the Services, whether online or offline. In addition, we assume no responsibility for any incorrect data and/or User Content, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data and/or User Content provided to Planck, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data and/or User Content to us.

13.2. IN NO EVENT SHALL PLANCK, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT PLANCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU AND/OR THE COMPANY EXCEED THE GREATER OF (I) $5000 OR (II) THE AMOUNT YOU AND/OR THE COMPANY, AS APPLICABLE, HAVE PAID US IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE.

14. Indemnification

You agree to indemnify, defend, and hold harmless Planck, its affiliates, and their respective employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs and attorneys' fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your account and/or device and/or password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party. You may not settle or compromise such suit without our prior written consent. We may be represented in any such suit by counsel of our own choosing at our own expense.

15. Publicity

You may not make any public announcement regarding this engagement without our prior written consent. You may only use the name, logo and other identifying marketing materials of Planck with Planck's prior written approval.

16. Non-exclusive

It is clarified that Planck shall be free at all times to enter into, explore and promote collaborations or engagement of a similar nature to those hereunder with any third party, without any requirement to advise you of the same.

17. Notices

Any required notices pursuant to these Terms may be sent by registered mail or email transmission (with electronic confirmation of delivery) to the addresses of the parties set out herein or provided upon registration, as applicable, and any such notice shall be deemed to have been received one (1) business day after delivery by courier, four (4) business days after delivery by registered mail and one (1) business day after email transmission and written confirmation receipt of such transmission.

18. Changes to these Terms

We may update these Terms from time to time and will post the updated version on this page with the date it was published. Please check this page occasionally to make sure you're aware of the Terms that apply to you. If you continue to use our Services after we update the Terms, that means that you agree to and accept the updated version.

19. Miscellaneous

These Terms shall be governed solely by the laws of the State of Israel and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. Notwithstanding the foregoing, if the relevant Company is registered in the United States, these Terms shall be governed by the laws of New York State, and the competent courts in the city of New York shall have exclusive jurisdiction to hear any disputes arising hereunder. The governing law in either case shall be interpreted without regard to the United Nations Convention on the International Sales of Goods. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining provisions of these Terms shall continue in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Planck or enables you to act on behalf of Planck. Except as may be expressly stated in these Terms or in other agreements between the parties, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder without prior written consent by Planck, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.