Terms and Conditions of Use – ZIMARK Website and Mobile Application

IMPORTANT – PLEASE READ CAREFULLY.  These Terms and Conditions of Use (these “Terms”) govern your access to, and use of, the public website located at www.zimark.io (the “Website”) and the ZIMARK mobile application (the “App”, and together with the Website, the “Platform”).  These Terms are a legally binding contract between you (“User”, “you”, or “your”) and ZIMARK Ltd. (“ZIMARK”, “we”, “us”, or “our”).  By browsing, registering, or otherwise using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms.  These Terms do NOT govern any paid, pilot, or production services that ZIMARK may provide to an enterprise customer (the “Commercial Services”).  Such Commercial Services are governed exclusively by the separate Zimark Solution and Services – General Terms and Conditions (the “Service Terms”) together with any applicable order form or statement of work.  If you do not agree to these Terms, you must not use the Platform.

The Platform may display certain data that ZIMARK processes on behalf of your employer/client under a separate services agreement governed by the Service Terms. Your right to view or interact with such data on the App exists solely as a function of that separate services agreement and will end automatically if that agreement terminates. Except as stated in the Service Terms, the Platform is provided to you free of charge for informational purposes only.

Accounts; Eligibility; Termination

You must be at least 18 years of age to use the Platform.  If local law requires a higher minimum age for the lawful use of the Platform without parental consent, that higher age applies.  By using the Platform and by agreeing to these Terms you warrant and represent that you meet the applicable age requirement and have legal capacity to enter into binding contracts.

If you register and/or create an account on the Website or App, you are responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property ownership or right to use of all data that you submit in the course of using the Platform (“User Data”).  In addition, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.

You must immediately notify us of any unauthorized uses of your account or any other breaches of security.  We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.  We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of these Terms or that your conduct or content would tend to damage our reputation and goodwill.  If we delete your account for the foregoing reasons, you may not re-register for our Platform.  We may block your email address and Internet protocol address to prevent further registration.  ZIMARK shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Data.  ZIMARK may use the User Data in order to further develop and improve the Platform and/or provide personalized content. You agree and acknowledge that ZIMARK has no obligation to retain User Data and may delete such data after termination. 

Termination of Platform Access.  (a) Automatic Termination.  Your access to and use of the App is directly linked to the agreement between your employer/client and ZIMARK.  If that agreement is terminated, expires, or otherwise ends, your access to the Platform and any related functionality will automatically terminate without prior notice.  (b) Termination by ZIMARK.  Providing false contact information of any kind may result in the termination of your account or limitation of your access to, or use of, the Platform.  (c) Effect of Termination.  Upon termination, you will immediately lose all rights to access and use the Platform.  ZIMARK reserves the right to deactivate your account and delete or restrict access to any data associated with your use of the Platform.  (d) No Liability.  Except as expressly required by applicable law, and other than in cases of willful misconduct, ZIMARK will not be liable for any loss or corruption of data that results from the termination or suspension of Platform access.  (e) Survival.  Provisions of these Terms that by their nature should survive termination (including, but not limited to, intellectual property rights, limitations of liability, and dispute-resolution provisions) will remain in effect.

Third-Party Links

The Platform may contain links to third-party websites or resources (“Third-Party Resources”).  We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any Third-Party Resource unless specifically stated herein.  We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources.  We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties, and you bear all risks associated with the access to, and use of, products, services, and content of any other third parties.  You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Platform.  Your link to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms set forth in these Terms, you are prohibited from using the Platform or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our Intellectual Property Rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload, send, store, or transmit viruses, worms, Trojan horses, or any other type of malicious code files, scripts, agents, or programs that will or may be used in any way that will affect the functionality or operation of the Platform, third-party products and services, or the Internet; (viii) to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, phish, pharm, pretext, spider, crawl, or scrape; (ix) for any obscene or immoral purpose; (x) to interfere with or circumvent the security features of the Platform, third-party products and services, or the Internet; (xi) to copy, reverse engineer, decompile, or disassemble the Platform software, except to the extent expressly permitted by applicable law for interoperability purposes; (xii) to attempt to gain unauthorized access to the Platform or its related systems or networks; (xiii) to interfere with or disrupt the integrity or performance of the Platform or the data contained therein; or (xiv) to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including, without limitation, material harmful to children or that violates third-party privacy rights.  You shall not (a) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Platform in any way; (b) modify or make derivative works based upon the Platform; (c) create Internet “links” to the Platform or “frame” or “mirror” any content on any other server or wireless or Internet-based device; or (d) access the Platform in order to build a competitive product or service, build a product using similar ideas, features, functions, or graphics of the Platform, or copy any such ideas, features, functions, or graphics.

User licenses cannot be shared or used by more than one individual.  For the avoidance of doubt, each User license is personal, non-transferable, and revocable.  We reserve the right, in our sole discretion, to terminate your use or limit your access to the Platform for violating any of the prohibited uses and to report you to the relevant authorities and act under the fullest extent of applicable laws.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, enhancement requests, feedback, recommendations, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist now or in the future in any part of the world.  The structure, organization, and code of the Platform software are the trade secrets and confidential information of ZIMARK and its licensors.  These Terms do not transfer to you any intellectual property owned by (or licensed to) ZIMARK or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with ZIMARK (and its licensors, where applicable).  All trademarks, service marks, graphics, and logos used in connection with the Platform are trademarks or registered trademarks of ZIMARK or its licensors.  Other trademarks, service marks, graphics, and logos used in connection with the Platform may be the trademarks of other third parties.  Your use of the Platform grants you no right or license to reproduce or otherwise use any of ZIMARK or third-party trademarks.  

Nothing in these Terms transfers ownership of any content that you upload to the Platform (“User Content”).  You hereby grant ZIMARK a non-exclusive, worldwide, royalty-free licence during the Term to host, copy, display, and process User Content solely for the purpose of providing and improving the Platform.

ZIMARK may collect and use aggregated, de-identified technical or usage data in order to operate, maintain, improve, and develop the Platform and related services.  Such data will not identify any natural person.

Privacy Policy

ZIMARK is concerned about your privacy and has developed a policy to address privacy concerns.  For more information, please see our Privacy Policy at https://www.zimark.io/privacy.  Any personal information collected while providing the Platform will be treated in accordance with the Privacy Policy.  You understand that ZIMARK collects, uses, processes, and otherwise stores personal information and may share such data with third parties for the purpose of providing the Platform subject to ZIMARK’s Privacy Policy.

Monitoring and Suspension

Subject to applicable law and without prejudice to Users’ privacy rights, ZIMARK reserves the right, in its sole discretion, to monitor all use and activity on the Platform, and to remove or choose not to make available the Platform.

Disclaimer of Warranty – Platform

You agree that the Platform is provided on an “as is” and “as available” basis and that your use of the Platform is solely at your own risk.  To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement with respect to the Platform.  We make no warranty that the Platform will meet your requirements; that the Platform will be uninterrupted, timely, secure, defect-free or error-free; or that the results that may be obtained from the use of the Platform will be accurate or reliable or that defects in the Platform will be corrected.  You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Platform is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data.  No advice or information, whether oral or written, obtained by you from us or through the Platform shall create any warranty not expressly made herein.

We reserve the right to make changes or updates to the Platform at any time without notice.

Relationship to Zimark Solution and Services – General Terms and Conditions

The Zimark Solution and Services – General Terms and Conditions (“Service Terms”) govern all Commercial Services (including any paid subscription, hardware integration, pilot project, proof-of-concept, or professional service) that ZIMARK may agree to provide to a customer pursuant to an executed order form or statement of work.  The Service Terms do not apply to Users who merely browse or maintain an account on the Platform unless and until such Users, or their employer, execute an order form for Commercial Services.  If there is any conflict between these Terms and the Service Terms, the Service Terms will control solely with respect to the Commercial Services, and these Terms will control with respect to the Platform.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will ZIMARK, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any direct, indirect, incidental, special, exemplary, punitive, cover, consequential, or similar damages (including, without limitation, procurement of substitute goods or services; loss of use, data, or profits; or business interruption damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity and/or any other damage) however caused, under any theory of liability, including, without limitation, contract, strict liability, tort (including negligence), warranty, breach of statutory duty, or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages or otherwise arising in any way out of the Platform or in connection with these Terms.  To the extent liability cannot be excluded under mandatory law, ZIMARK’s aggregate liability arising out of or relating to the Platform will not exceed one (1) U.S. dollar. Nothing in these Terms limits liability that cannot be limited under applicable law.

Indemnification

You agree to indemnify and hold ZIMARK and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your content, your use of the Platform, violation of these Terms, or any willful misconduct on your part.

Waiver and Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. The failure of ZIMARK to exercise or enforce any rights or provisions in this Agreement shall not constitute a waiver of such right or provision. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect and the parties shall substitute for the affected provisions an enforceable provision, which approximates the intent and economic effect of the affected provision.

Governing Law & Dispute Resolution

The formation, interpretation, and performance of these Terms and any disputes arising out of them shall be governed by the laws of the State of Israel without regard to its rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the competent courts of Tel Aviv-Jaffa, Israel, and you hereby submit to the personal jurisdiction of such courts.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Assignment; Change in Control

You may not assign, resell, sub-license, or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without ZIMARK’s prior written consent, which consent shall be at our sole discretion and without obligation; any such assignment or transfer shall be null and void.  ZIMARK is free to assign any of its rights or obligations hereunder, in whole or in part, to a parent or subsidiary, any third party as part of the sale of all or substantially all of its assets or stock, or to a successor as part of a merger.  Any attempted assignment in violation of the foregoing will be null and void.

Changes and amendments

ZIMARK reserves the right to modify these Terms or its terms relating to the Platform at any time without notice to you, effective upon posting of an updated version on the Platform.  When we do, we will revise the updated date at the bottom of this page. You are responsible for regularly reviewing these Terms.  Continued use of the Platform after any such changes shall constitute your consent to such changes.

Entire Agreement – Platform Use

This Agreement constitutes the entire agreement between you and ZIMARK regarding your use of the Platform and supersedes all prior or contemporaneous communications on that subject.  For the avoidance of doubt, this Agreement does not govern, and is subordinate to, the Service Terms and any related order form that you or your employer may execute for Commercial Services.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions.  By accessing and using the Platform you agree to be bound by this Agreement.  If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Platform.

Contact Information

If you would like to contact us to understand more about these Terms or wish to contact us concerning any matter relating to them, you may do so by sending an email to info@zimark.io

This document was last updated on January 12, 2026