Terms of Use & Privacy Policy

This policy (“Use Policy”), additional conditions (as defined below) if any, and the privacy policy  available on www.simhawk.net/terms-agreements (“Privacy Policy”) and jointly, “Terms of Use”) regulate the use of the ultrasound technician training system (the “Simulator”) manufactured by SIMHAWK Ltd., Priv. Co. 516283074  (hereinafter: the “Company”) on www.simhawk.net (the “Website” and with the Simulator – “the System”) and related services (the “Service”). Anyone wishing to use the Website, Simulator, Service, or any part thereof (“User”) accepts the Terms of Use (including this Use Policy) and undertakes to act upon them.

If you do not agree to the Terms of Use, you must not use the System or Service.

The Company reserves the right to change and/or amend any of the Terms of Use (including these Use Regulations) from time to time. Any such change and/or amendment will enter into full force and effect immediately. The Company recommends that Users review the Terms of Use frequently.

The Terms of Use were prepared in the masculine form for convenience only, but they are intended for men and women alike.

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1. The Service
 

1.1 User Types - The use of the system is intended for Users who wish to experience and evaluate their ultrasound capabilities (“Trainees”) and Users who wish to drill and test Trainees (“Evaluators”).
 

1.2 Registration - Using part of the Service is conditional upon registration and creating a user account enabling each User to perform certain actions with the System and receive part of the Service ("User Account”). In order to register and create a User Account, Trainees will be required to select a username and password, first name, last name, e-mail address, telephone number, course affiliation, details regarding the organization by which the Evaluator is operating, and other details, as required from time to time (“Trainees Account Details”). Usernames and passwords will be called “Login Details”.
 

1.2.1 Users must maintain the confidentiality of the Login Details in order to prevent their misuse and they must change their password as frequently as possible (and at least, once every 6 months). Any act or omission performed through a User Account will be considered an act or omission committed by the User whose name relates to the account. 
 

1.2.2 Every User declares and undertakes that the information disclosed for registering and creating the User Account and during use of the Service is correct and accurate and that in case of any change to such information, he will notify the Company immediately. Please note that disclosing incorrect details might comprise a criminal offense.
 

1.2.3 You undertake to remunerate the Company and/or anyone on its behalf for all damages and/or expenses incurred by the Company and/or any third party if you and/or anyone on your behalf submitted incorrect and/or inaccurate and/or incomplete and/or false information and/or where you failed to immediately update the Company of any change to the said information.

1.2.4 In case of a change in details or where there is a concern of unauthorized use of your User Account, you undertake to immediately notify the Company thereof by e-mail to support@simhawk.tech or any other address provided by the Company.
 

1.2.5 Organizations may request User Accounts allocations without providing User details. In such a case, the said accounts will not directly identify the User, but will rather use a password and device ID. The above does not derogate from User consent. Such details will be considered Login Details and User undertakings in their regard will apply in full force.
 

1.3. Decision Support System - The System enables Evaluators and the institutions for which they represent to train Trainees on ultrasound use and provide the Evaluators with evaluation tools.

1.3.1 The Service and System serve as a training and improvement platform only and are not suitable nor do they claim to be fully or partially suitable for actual ultrasound use. It is hereby clarified that the Company provides indications on all Training activities during practice but is not responsible for the grade issued by the Evaluator and/or the institute for which he acts as an Evaluator. The System is a decision support system and learning tool, but it does not replace the discretion of the Evaluator or the institute for which he acts and the Evaluator waives any claim relating to the above (including the grade, failure, and/or work termination that are seemingly related to the System and/or Service).
 

1.3.2 Users are responsible for use of the Service and System and it does not replace or is not an alternative to self-study or other user training. The User is responsible for checking and ensuring, prior to using the Service and System, that the Service and System (including practice sessions) are suitable to his needs (both as a Trainee and as an Evaluator) and the User shall have no claim regarding Service and/or System inconsistency to his needs and/or his success or absence thereof.
 

1.4  Additional Conditions Parts of the Service may be subject to additional and/or other conditions as added and/or changed and/or canceled from time to time (“Additional Conditions”). The Additional Conditions are part of the Terms of Use and where there is any conflict between the Additional Conditions and other provisions, the provision benefiting the Company shall prevail.
 

1.5 Hardware and Software Requirements. In order to use the Services, Users must maintain the following software and hardware to which the Company is not liable - (a personal computer with Windows 10, 8GB RAM, and computers rated 2000 and more on https://www.cpubenchmark.net the computer includes a USB port for camera connection and a screen resolution of 1080p FHD (“End Systems”). 
 

1.6 Modifications. The Company may modify the Service, System and/or any part thereof at any time, whether related to some or all the Users. Without derogating from the rights and remedies available to the Company by law, the Company may block a User from the Service or any part thereof, including where, upon its discretion, the User or anyone on its behalf committed one of the following: (A) An illegal act; (B) Violation of any of the Terms of Use and/or undertakings under the agreements (if signed), (C) Breach of Company trust, including entering and/or submitting false information upon registration or thereafter; (D) An act or omission that may impair the Company or other Users or proper Service operation; (E) The User is subject to bankruptcy, insolvency, receivership, liquidation and/or any similar procedures.

 

2. Intellectual Property

2.1 The Company owns all rights, including intellectual property rights, to the System, Service, content, design, applications, tools, and other System components.
 

2.2 The term “Company Content” means any detail, information, item, and content of any kind relating to the System, Service, and/or any thereof. Company Content includes all rights, including intellectual property rights (such as creators’ rights, moral rights, samples, patents, trademarks, and domain names), whether registered or not, in the System, Service, and/or any part thereof, including the online pages included therein and the information detailed, stored and/or processed by or in any of them, including all texts, documents, records, illustrations, graphics, sounds, graphic segments, graphs, images, photos, animations, charts, figures, clips, formats, processes, protocols, databases, user interfaces and including any mark, symbol and icon for a sound or other file, software, applications, computer code, etc., on any media whatsoever, including their classification, organization, and presentation. Company content is protected, inter alia, under copyright laws of the State of Israel, international treaties, and copyright laws in other countries. Company Content is the property of the Company and/or third parties that have authorized the Company to publish the protected material. Company contents including training, volumes collected by the company, courses created by the Company, system algorithms, System visibility (including the user interface and various screen configurations), all Company website content, all 3D transducer models manufactured by the Company, and related equipment.

2.3  The Company hereby grants (A) the User, Trainee, and Evaluator a limited, personal, non-exclusive, non-transferable, and non-assignable license to use the System (and the content integrated therein) for individual and academic purposes through the website in order to obtain the Service that the Company provides to a Trainee or Evaluator, subject to the provisions of the terms of use; (B) the Users - viewing permission to the website only. It is hereby clarified that the Company does not grant any right or license, explicit or implicit, relating to the System, the website, the Service, or Company Content. The System, Service, Company Content, and/or any part thereof may not be copied and/or reproduced and/or transferred and/or transmitted and/or published and/or shown to any other factor. The System, Service, Company Content, and/or any part thereof may not be used except for the purpose set forth above.

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2.4 Users are not required to provide the Company comments, recommendations, or reservations relating to the Service or System (“Feedback”). Where any of the users submit Feedback to the Company (1) The Company may use such Feedback at its exclusive discretion, without being obligated to compensate the User for the Feedback in any way; (2) Feedback is the property of the Company (and the User fully and irrevocably transfers and assigns any right to the Feedback to the company, as required, and waives any such right). Every User declares and undertakes (1) That there is no preclusion to submitting the Feedback to the Company; (B) That the Feedback (including its submission and any use thereof) will not violate any third party right or law.

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2.5 Non-identifying details and/or cumulative details (“Company Details”) related to any of the Users, for using the System, Service, and/or parts thereof, are the property of the Company (and any User fully and irrevocably transfers and assigns any right to the Company details to the Company, where required, and he waives any right thereto). The Company reserves the right to use the Company Details for any purpose it deems fit, including the development of new products and services, improving existing products and services, fraud prevention, information security, etc. 

3. User Declarations and Undertakings

3.1 The User declares that he is an adult (over 18 years), legally competent, and authorized by law to perform all actions thereby performed through the Service, including the authority to engage under the Terms of Use and other agreements (if signed).

3.2 The User declares, undertakes, and confirms that he has carefully read the Terms of Use, that he understands and agrees to them and he and/or anyone on his behalf shall have no claim and/or demand against the Company, its managers, shareholders and/or anyone on their behalf.

3.3 The User undertakes to use the Service in good faith and in accordance with the provisions of these Terms of Use. Without derogating from the above, users will be subject to law and guidelines issued by the Company and/or anyone on its behalf, and the User hereby declares and undertakes that upon entering the System, he will avoid any damage to the Company and/or any third parties by using the Service.

 

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

 

3.5 The User confirms that where it submits any information or data to the System and/or Company regarding third parties, it is doing so by law and pursuant to permission. 

3.6 The User undertakes not to upload, retrieve, transmit, distribute or publish information or material that may limit or prevent others from using the Service and/or other information or material that may violate the property rights of others, including intellectual property rights, privacy protection rights and/or any other property right and/or other information or material containing an advertisement of any kind. 

3.7 The User undertakes not to perform any action that may impair, slow, disrupt System or Service operation or systems operated by any of the Users and not to use spyware, malware, viruses, or any content, code, software, or system that may cause any of the above in relation to the System.

3.8 The User undertakes not to use Company Content, Company Details, and/or Feedback.
The user undertakes not to distribute and/or copy and/or publish any part of the System, Service, Company Content, Company Details, and/or Feedback, whether in Israel or abroad, whether by internet and/or e-mail and/or text messages and/or any other means and/or manner, without explicit Company consent in advance and in writing.

3.9 The User undertakes not to perform any act to copy the content installed by the Company, any act of decoding, and any act of alteration.

3.10 The User undertakes to operate the System only while his subscription is active and valid.

3.11 The User acknowledges that the Company does not undertake to store his learning results and/or usage data in the system and the Company does not undertake to maintain an option for restoring them and that he is solely liable for retaining the result sheets thereby generated by the system (including for submitting them to his organization).

3.12 The System, its Content, and Services may be used in accordance with the Terms of Use. The System may not be used for any other purpose except upon prior, written, and explicit Company consent and subject to the terms of such consent (if granted), inter alia –

3.12.1 System operation and/or any detail relating to System operation may not be revealed and/or shown and/or photographed in any manner for disclosure to anyone who is not a registered User.

3.12.2 System content, including websites, applications, or any other publication may not be copied and used, or subject to copying and use by any other factor, for any purpose whatsoever.

3.12.3 No computer application or any other means, including Crawlers, Robots, etc. may be used or permitted on the System for the purpose of searching, scanning, copying, or automatically retrieving content. The System and/or any part thereof may not be translated, processed, edited, or subject to reverse engineering.

4. Limitation of Liability and Indemnification

 

4.1Every User hereby undertakes to remunerate and indemnify the Company and Company personnel immediately upon the Company’s first demand for any claim, demand, suit, damage, loss, expense, liability, or responsibility (including by a third party against the Company), related to (A) violation of the provisions of the Terms of Use; (B) User use of the Service, System and/or parts thereof; (C) Any User act or omission.

4.2 The Service is presented to the Users as-is and as available (if available) from time to time, with all its flaws, and the User agrees and confirms that the Company, including its representatives, employees, managers, directors on its behalf, shareholders and/or agents and/or anyone acting on its behalf (“Company Personnel”) shall not be liable for any claim, demand, suit, damage, loss, expense, liability or other responsibility caused, if any, to Users due to use of the System and/or Service (including direct, indirect and/or consequential damages, including loss of income and/or loss of profit, etc.). 

4.3 The Company does not undertake that the Service will be available at all times and that Service operation and/or integrity will not be disrupted and/or continuously operational and/or free of errors, breakdowns, flaws, or failures. The Company shall not be responsible for such disruptions and it shall not be responsible for customer inconsistencies in terms of the quality, nature, and scope of information (including its mode of transmission), for loss, damage, or direct, indirect, consequential or other damages caused to the User or any third party by such disruption and/or regarding the termination of certain services within the Service, for any reason whatsoever. 

4.4 The Company and Company Personnel shall be exempt of liability for any claim, demand, suit, damage, loss, expense, liability or responsibility, damage, loss or expense that may occur to the User, directly or indirectly, as a result of any of the following events/factors:

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4.4.1 Due to circumstances over which the Company has no control or as a result of a strike, organized disruption, sanctions, or other non-criminal instances relating to its employees, fully or partially;
 

4.4.2 Faulty operation of any software and/or hardware held by the User, including End Equipment and any software and/or hardware provided to the User by a third party;

4.4.3 “Viruses” or software applications, User computer equipment or any other User property, caused by access, surfing or use of the System, including, downloading information from the Service (where such download was performed), even in case of negligence on behalf of the Company or where it was aware of the possibility of such damages;

4.4.4 Exposure and disclosure of information by a User to any third party due to use of the Service or the disclosure of inaccurate details and/or as a result of transferring the device thereby used for the Service to another, including the need to repair the device, including where the other party views the information obtained through the device or uses it to perform various actions under the Service, and the User undertakes to bear all damages, losses or expenses caused thereto or to the Company in relation thereto.

 

4.4.5 Grade and/or evaluation issued to any of the Users, including as related to the Service and/or use of the System. 

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4.5 The User is responsible for complying with all legal provisions relating to Service and System use. Without derogating from the above, the Company and Company Personnel shall bear no responsibility or liability regarding the above.

5. Risks

5.1 It is hereby clarified that the Company’s systems, by nature of being based on software, hardware, and communication networks, are exposed to risks embedded in such systems, including malware (viruses, Trojan horses, etc.), eavesdropping, hacking by hostile factors, impersonating the Company website or any of its systems and other online fraud activities. The Company invests what it considers to be reasonable efforts to defend itself against such risks. Nevertheless, it is impossible to guarantee an absolute block, and damages and/or losses may occur due to the occurrence of one of the risks, including disclosure and/or disruption of the information transferred and/or displayed on its systems, including disruption of commands/requests, unauthorized account activity, disruption in System operations and/or response times, including default, incorrect execution and/or delayed execution of a command/request, unavailability of the systems or any of its services, etc.

5.2 The User is aware of the limitations of the internet network regarding information security and releases the Company from any responsibility thereto.

 

5.3 It is hereby clarified that the above does not derogate from the User’s responsibility regarding the device through which he uses the Service and/or System, including securing thereof. In addition, it is hereby clarified that certain actions that the user may perform on the device, such as “unlocking it”, might impair the information security and the Services, in addition to such activities being illegal and prohibited.

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6. Third-Party Content
 

6.1The Service may contain third-party content, information, products, and services, as well as links thereto and to various pages, applications, and websites that are not managed and/or operated by the Company and/or anyone on its behalf (“Third Party Content”). The Company does not control and/or supervise Third Party Content and the fact that the Company links to such content does not reflect its consent to their content and does not guarantee its reliability, updatedness, or legality. The Company shall not be responsible for such content and will bear no liability for any damage caused to you or any other third party due to the use of the said pages, applications, and websites. Use of such pages, applications, and websites is subject to the terms of use and privacy policy therein and not to the Company’s Terms of Use and Privacy Policy.

6.2 The Service may contain commercial information provided for advertising by various advertisers. Posting commercial information on the Service does not comprise a recommendation or encouragement to purchase the services, assets, or products offered therein. The Company and/or anyone on its behalf shall not be liable for the content of the commercial information or advertisements within the Service, and the advertisers shall be solely responsible for the content of the advertisements and the commercial information. Any transaction entered following an ad or information published on the Service will be made directly between the User and the relevant advertiser, and the Company shall not be a party to any such transaction.

7. Privacy The Company acknowledges the importance of protecting privacy and the right to privacy, operating according to a Privacy Policy. The Privacy Policy is an integral part of these Regulations and Terms of Use.

 

8. Miscellaneous

8.1 The Company may assign its rights under these Terms of Use to any third party as it deems fit, without the Company being required to disclose such assignment in the Service and without requiring user consent. The Users may not transfer, assign or encumber their rights under the Terms of Use and/or any statement of terms to any third party, except upon company consent in advance and in writing.

 

8.2 The Company may change and/or amended from time to time the provisions of the Terms of. Where changes and/or amendments are made to the Terms of Use, the Company will announce such changes and/or amendments by publishing the updated Terms of Use on the Service and that will suffice for the updates to enter into full force and effect. Therefore, the Company recommends that users review the Terms of Use often.

 

8.3 All records in the Company books/systems will serve as prima facie evidence of the details and copies of such records, approved by the Company, will serve as prima facie evidence of their existence and the correctness thereof.

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8.4 The User agrees that the transmission of information to or from the Service does not create any relations with the Company or relations between the User and the Company which exceeds those specified in the Terms of Use.

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8.5 Transactions on this Service and any legal grounds derived of use thereof, including their validity and interpretation, shall be governed by Israeli law only and the exclusive jurisdiction for any dispute relating to this Service and use thereof shall be held by the competent courts in Tel Aviv.

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8.6 Where any portion of the Terms of Use is found to be invalid or unenforceable, the invalid or unenforceable items shall be considered replaced by valid and enforceable items whose content is as close as possible to the intention of the original items and all other items of the Terms of Use shall remain in full force and effect.

With any questions or problems, users are welcome to contact the Company by e-mail at info@simhawk.tech