flexiWAN terms of service agreement

Document Version: 191220

PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE OPENING AN ACCOUNT, DOWNLOADING OR INSTALLING THE FLEXIEDGE SOFTWARE (AS DEFINED BELOW), OR ACCESSING OR USING THE FLEXIWAN SYSTEM (AS DEFINED BELOW).

THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU, THE CUSTOMER (“YOU” or “CUSTOMER”), AND FLEXIWAN LTD., ISRAELI COMPANY NUMBER 515933711 (“FLEXIWAN”, “OUR”, “US” or “WE”), AND SHALL GOVERN YOUR ACCESS TO, AND USE OF, THE SYSTEM.

BY CREATING AN ACCOUNT WITH FLEXIWAN AND/OR USING THE SYSTEM (IN WHOLE OR IN PART), IN ANY WAY OR MANNER, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THE TERMS AND CONDITIONS HEREIN, AND AGREE TO BE BOUND BY THIS AGREEMENT AND THE TERMS AND CONDITIONS HEREIN.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, OR IF AT ANY TIME, THE TERMS OF THIS AGREEMENT ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD NOT OPEN AN ACCOUNT WITH FLEXIWAN, AND SHOULD IMMEDIATELY CEASE ALL USE OF THE SYSTEM.

  1. Definitions
    • Account Owner” means the individual designated by Customer to open an account on the flexiManage Management System, on behalf of the Customer.
    • Authorized User” means any employee, contractor, representative, or other person acting on Customer’s behalf who is authorized by Customer to use the System, and who has been supplied with access to the System by either Customer or flexiWAN.
    • flexiEdge Software” means flexiWAN’s proprietary software solution, and all revisions, corrections, modifications, enhancements, improvements and/or updates and upgrades to the software, and all related documentation thereto.
    • flexiManage Management System” means flexiWAN’s proprietary software as a service (SaaS), hosted by flexiWAN and provided in SaaS mode, and all revisions, corrections, modifications, enhancements, improvements and/or updates and upgrades to the software, and all related documentation thereto.
    • Hardware” means such hardware devices that comply with the System, including the hardware devices which will be recommended by flexiWAN.
    • Intellectual Property Rights” means any and all worldwide intellectual property rights, whether registered or not, including, but not limited to: (a) patents, patent applications and patent rights, know how, inventions, research and development activities and discoveries; (b) rights associated with works of authorship, including copyrights, copyrights applications, copyrights restrictions, mask work rights, mask work applications and mask work registrations; (c) rights relating to the protection of trade secrets and confidential information, including but not limited to confidential and proprietary information concerning the business and financial activities of flexiWAN, and any information concerning its service providers, employees, customers, suppliers, and Partners; (d) trademarks, trade names, service marks, logos, trade dress, goodwill and domains (“Trademarks”); (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; and (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
    • Registered flexiEdge Instances” shall mean flexiEdge Software installations, uniquely identified by UUID, registered in the flexiManage Management System, regardless if the installation is active or not.
    • Restricted Territories” shall mean any of Cuba, Iraq, Iran, North Korea, Sudan, Lebanon or Syria, as shall be amended from time to time.
    • System” means: (i) the flexiManage Management System; (ii) the flexiEdge Software; (iii) any additional software and/or services provided by flexiWAN that are delivered to Customer by flexiWAN or its partners, distributors or resellers; and (iv) all related documentation included in the package and/or placed on flexiWAN’s website (the “Website”).
  1. The License
    • We hereby grant You a limited, revocable, non-exclusive, non-transferable, non-sub-licensable, personal license to use the System in accordance with terms of this Agreement and subject to them (the “License”). For this purpose, We will create an account for You to access the flexiManage Managmeent System (“Account”). For the avoidance of doubt, You do not acquire any rights whatsoever in and to the System beyond the rights granted herein and You may only use the same in accordance with this Agreement.
    • Under the License You shall be allowed to:
      • Install flexiEdge Software on Your Hardware. We may provide, from time to time, a list of recommended Hardware on Our Website or in email communication, provided however, that You acknowledge and accept that the choice of Hardware shall depend on Your specifications and Your actual use, and flexiWAN assumes no responsibility for the Hardware itself, nor undertakes that flexiEdge Software will work properly on any specific Hardware.
      • Install flexiEdge Software in the Customer’s cloud account. We shall provide You with a list of supported public or private cloud environments for installation, which shall be subject to changes, from time to time.
      • Install flexiEdge Software on third parties’ (including, without limitation Your customers) Hardware or cloud servers, provided, that any such installation shall be subject to the terms and conditions herein. For the removal of doubt, you shall be liable for any third party installations by You, which are registered under Your Account on flexiManage Management System.
      • Distribute flexiEdge Software to third parties (including, without limitation Your customers), whether as a standalone product, or as part of a group of products.
      • Use the flexiManage Management System.
    • The System, and all of its features, is licensed, not sold, and You shall not own the software incorporated therein, or any part thereof in any respect.
    • The terms of this Agreement apply to the System as well as to any updates and upgrades subsequently provided by flexiWAN, or its partners, distributors or resellers to Customer. flexiWAN may update the functionality, user interface, usability and other user documentation, training and educational information relating to the System and all of its features, from time to time, in its sole discretion and in accordance with this Agreement as part of its ongoing mission to improve the System and its customers’ use of the System. All updates, to the extent applicable, shall be provided to the Account Owner.
    • This Agreement applies whether You subscribe for the System directly from flexiWAN or through one of Our authorized partners, resellers or distributors (each, a “Partner”). In the event that You have subscribed for the System through a Partner, the Partner shall be responsible for the accuracy of promises or representations provided by any such Partner. The Partner shall not be authorized to make any promises or commitments on flexiWAN’s behalf, and flexiWAN is not bound by any obligations to You other than what flexiWAN has explicitly agreed to in this Agreement.
  1. Customer Obligations and Restrictions
    • Customer will designate an Account Owner to manage and support the Account, including the creation of usernames and passwords for Authorized Users. Customer is solely responsible for maintaining the status of its Authorized Users and for all the activity of such Authorized Users and their use of the Account. Customer represents and warrants that the Account Owner shall have full legal authority to bind the Customer and in accordance herewith.
    • Customer, its Authorized Users and Account Owner will maintain the confidentiality of all usernames, passwords, access, and Account information under their control. Except to the extent caused by flexiWAN’s breach of this Agreement, including its obligations under Section 8 (Confidential Information), flexiWAN is not responsible for unauthorized access to the Account. Customer will contact flexiWAN promptly if (i) Account information is lost, stolen, or disclosed to an unauthorized person; (ii) Customer reasonably believes that the Account has been compromised, including any unauthorized access, use, or disclosure of account information; or (iii) any other breach of security in relation to its passwords, usernames, access information, or the System that may have occurred or is reasonably likely to occur.
    • Without limiting the foregoing, Customer may not, and may not permit or aid others to: (i) use the System for any purpose other than the purpose explicitly set forth in flexiWAN’s documentation, (ii) copy, reproduce, sell, license (or sub-license), lease, loan, assign, transfer, or pledge the System or any part thereof, (iii) modify, display, disassemble, decompile, reverse engineer, revise or enhance or republish or create any derivative works or otherwise merge or utilize all or any part of the System with or into any third party materials or components or attempt to access or discover the System’s source code, (iv) use the System in any manner that is prohibited by law or not authorized by this Agreement, including, without limitation by accessing or using the System (a) in any of the Restricted Territories, or (b) in violation of any export or import restrictions, laws or regulations of the U.S. or Israel or any foreign agency or authority, (v) contest flexiWAN’s Intellectual Property Rights to the flexiWAN IPR; (vi) interfere with or disrupt the integrity or performance of the System or flexiWAN’s network or the data contained therein or (vii) Abuse the System in any way. “Abuse” shall mean and include any of the prohibited activity outlined in this section ‎3, including without limitation, direct or indirect violation or bad activity in or through the Account, including copyright infringement, email spamming and network scanning. Whether an Abuse occurred or not, shall reside with flexiWAN’s sole discretion. Upon such resolution by flexiWAN, that an Abuse has occurred, without derogating from any of flexiWAN rights, flexiWAN shall notify accordingly to Customer to cease the Abuse immediately.
    • Customer is solely responsible for acquiring and maintaining all of the Hardware, software and services necessary to access and make use of the System, including without limitation paying all fees and other costs related to internet access and cloud usage. Customer is solely responsible for the health, quality and availability of its internet (WAN and LAN) connections and any other element that is not part of the System. Customer shall use the System in accordance with flexiWAN’s documentation as provided by flexiWAN on Our Website, and as may be updated from time to time, and in compliance with the applicable operating instructions and all applicable laws and regulations and for no purpose other than as specifically authorized in the System documentation. For the avoidance of doubt, all Hardware and cloud costs (except for flexiWAN’s cost for hosting flexiManage Management System) shall be solely borne by the Customer.
  1. Ownership
    • Notwithstanding anything to the contrary herein, the System, including all Intellectual Property Rights therein and any Feedback (as defined below) (collectively, “flexiWAN IPR”) are exclusively owned by flexiWAN and/or its licensors. Except for the License, and as expressly provided herein, no other rights or licenses, expressed or implied, are granted to Customer by flexiWAN with respect to the System or the flexiWAN IPR.
    • Any feedback provided by You to Us regarding the System, its use or any suggested improvements, enhancements or derivatives (“Feedback”) is welcome by flexiWAN. Customer is not required to provide Feedback, however, to the extent that it does so, such Feedback shall be solely owned by flexiWAN, and shall not, under any circumstance constitute Customer’s confidential information. Customer acknowledges that flexiWAN may use such Feedback in any manner flexiWAN sees fit, without payment of royalty or any other consideration.
  1. Third Party Materials
    • The System may contain software or other materials provided by third parties (including “open source” software) (“Third Party Materials“). The license terms, copyright notices and available source code with respect to Third Party Materials can be found at https://docs.flexiwan.com. Use of such Third Party Materials shall be governed by the license agreements specific to each such Third Party Material, provided, however, that in addition to any terms and conditions of any third party software license as set forth in the abovementioned webpage, and without derogating from such terms, the disclaimer of warranty and limitation of liability set forth herein shall apply to all software. If the System contains any software provided by third parties not noted in the abovementioned webpage, the restrictions contained in this Agreement shall apply to all such third party software providers and third party software as if they were flexiWAN and the System, respectively. By using the System, Customer agrees to the licenses that apply to any Third Party Materials.
  1. Privacy Notice
    • You agree that We may collect and use personal as well as technical information gathered as part of Your use of the System as well as the support services provided to You, if any, including Your name, email address, phone number, third-party data, and other technical information or data submitted through Your interaction with Our System. We may use this information to improve Our System or to provide customized services or technologies to You and will not disclose this information in a form that personally identifies You.
    • Your privacy and the security of Your information is important to Us. We will store and transmit Your information and data using practices that are consistent with commercially-reasonable safeguards to protect the integrity of Your information and data. Although We will undertake commercially-reasonable efforts to preserve and protect the integrity of Your information and data, please understand that no security measures are without potential risks. We recommend that You review Our Privacy Policy, located at https://flexiwan.com/legal/privacy-policy, which sets forth the information We collect and receive, how We may use and share that information, and what Our and Your respective rights are regarding that information.
    • By using the System, Customer provides its consent that all personally identifiable information, if any, submitted by Customer or processed through the System, may be processed by flexiWAN in the manner and for the purposes described in this section and in accordance with flexiWAN’s Privacy Policy. Customer undertakes to comply with all applicable privacy laws and regulations (including all registration and notice requirements) and shall ensure that it obtains all applicable consents required by law for data processing by flexiWAN of personal information submitted by Customer, if any.
  1. Fees and Payment
    • In consideration for Your use of the System, You agree to pay a fee based on Your use of the System (i.e. based on the total number of Registered flexiEdge Instances in Your Account) for each month, in accordance with the prices set forth on Our Website or as agreed by Us and You in writing, following the creation of Your Account (the “Fees”).
    • Without derogating from the foregoing, You shall have the option to subscribe in advance for a set amount of monthly Registered flexiEdge Instances, as further set forth in Our website (a “Pre-Paid Subscription”). In the event that you exceed the Registered flexiEdge Instances under your Pre-Paid Subscription for any month of the Pre-Paid Subscription, We shall charge You for such additional Registered flexiEdge Instances, as further detailed on Our Website.
    • In the event of a Pre-Paid Subscription, the Fees shall be paid by You upon commencement of the Pre-Paid Subscription. In all other cases, including in the event that you exceed the Registered flexiEdge Instances under your Pre-Paid Subscription for any month, and unless agreed otherwise between Us and You, all payments shall be made automatically, on a monthly basis, at the end of the Billing Period (as defined below). The calculation of Your Fees shall commence on the day that Your Account was created, and shall continue for one calendar month (i.e. if an account is created on the 10th of a specific month, the Customer will be billed on the 9th of each subsequent month) (the “Billing Period”).
    • All payments of the Fees shall be executed by credit card on Our Website, or as otherwise agreed between Us and You. flexiWAN uses a third party billing system, which shall debit Your credit card. We do not hold Your credit card information on Our database, and all information is stored solely by the third party billing company.
    • All Registered flexiEdge Instances will be counted for billing purposes, even if no data was actually used or sent through the Registered flexiEdge Instance. flexiWAN shall determine, in its sole discretion, the actual usage and the billing amount and will provide the Customer an option to download billing and usage reports from the System. Any billing related questions should be sent to [email protected].
    • In any event of termination by you of Your Account, You shall be billed for the full duration of the Billing Period. All amounts are non-refundable, non-cancellable and non-creditable.
    • Any fees and other charges payable under this Agreement are presented as net prices, and are exclusive of levies, duties, taxes, including withholding taxes, which shall be payable by the Customer in addition to the fees owed to flexiWAN.
    • flexiWAN shall provide You with notification for any late payment of the Fees up to 7 days after such payment’s due date. In the event that within 7 days as of the date of the notice, You shall not remedy such nonpayment, then without prejudice to any other rights and remedies of flexiWAN, flexiWAN may suspend access to the System and/or terminate this Agreement. Furthermore, any late payment shall accrue interest on the late payment amount from the date the payment was due until the actual payment of the late fees, at a rate equal to 1.5% per month or the maximum interest rate allowed by applicable law, whichever is less, without derogating from any right or remedy of flexiWAN under any applicable law.
    • flexiWAN may offer promotional coupons from time to time. The Customer should not attempt to use coupons not granted directly by flexiWAN or its Partners or try to bypass the System in order to receive coupons or discounts in any other way.
  1. Maintenance and Support
    • Subject to Customer’s compliance with the terms of this Agreement (including, without limitation, payment in full of all applicable Fees), flexiWAN shall use reasonable commercial efforts to provide support services to Customers 8 a.m. to 5 p.m. Sunday to Friday Central Europe time for customers in EMEA and APAC and 7 a.m. to 5 p.m. Sunday to Friday USA Eastern time to customers in the Americas. Support shall be provided by email. Customer understands and accepts that flexiWAN may request to conduct phone or video calls as well as access the Customer’s system remotely for resolving issues.
    • Additional maintenance and support services may be purchased separately from flexiWAN.
    • Customer support questions should be sent to: [email protected].
  1. Confidentiality
    • Customer shall keep confidential and shall not disclose to any third party any Confidential Information which it has acquired from flexiWAN and shall only use such Confidential Information in connection with this Agreement. Such confidentiality obligation shall continue perpetually after termination of this

Confidential Information” means any know-how, any trade or business secrets, any commercial, financial, business, technical or other confidential information of whatever nature relating to flexiWAN’s business (whether written, oral or in electronic or other form, and whether marked or unmarked as confidential) or of clear confidential nature, and including the System and all flexiWAN IPR incorporated therein. Confidential Information shall not include information that: (i) is or becomes publicly known other than through any act or omission of the Customer; (ii) was in the Customer’s lawful possession before the disclosure, as evidenced by Customer; (iii) is lawfully disclosed to the Customer by a third party without restriction on disclosure, as evidenced by Customer; (iv) is independently developed by the Customer without use of Confidential Information of flexiWAN, which independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

  • Customer further acknowledges that any unauthorized disclosure, use, or copying of the flexiEdge Software, or the flexiManage Management System, or any other part of the System, may cause flexiWAN substantial financial

 

  1. Termination
    • Subject to the terms of this Section ‎10, this Agreement shall commence and shall be binding on You on the date of Your acceptance of the terms and conditions and shall remain in full force and effect for as long as You use the System.
    • flexiWAN may terminate this Agreement by notice to Customer: (i) upon Customer’s failure to comply with any of its obligations hereunder, and (ii) immediately and without notice in the following events: (a) if Customer attempts to transfer or assign any of its rights, liabilities or obligations under this Agreement contrary to the provisions thereof; (b) non-payment of the applicable fees to flexiWAN; (c) violation of any of the restrictions set forth in Section ‎3 of this Agreement; (d) flexiWAN believes it is necessary to do so to comply with applicable law; or (e) a force majeure event occurs which materially affects flexiWAN’s ability to provide the System.
    • Notwithstanding anything to the contrary herein, flexiWAN may cancel the License, or terminate this Agreement for any reason, upon advance notice of at least 90 days. In the event of such termination, which subsequently terminates any Pre-Paid Subscription, flexiWAN shall provide the Customer with a refund for the pro rata portion of any pre-paid amounts, paid in connection with the period following termination, minus any outstanding amounts you may owe to Us.
    • Customer may terminate this Agreement, for convenience, by providing flexiWAN with written notice no later than 10 days prior to the end of the then current Billing Period. Failure to provide such termination notice will render Customer liable for payment of fees incurred during the subsequent Billing Period.
    • Upon termination of the Agreement: (i) Customer shall immediately pay all fees and payments, regardless of the due date of payment under this Agreement, (ii) Customer shall cease use of the System and immediately return to flexiWAN all Confidential Information and flexiWAN IPR in any media and shall erase all copies of the flexiEdge Software, and (iii) flexiWAN shall be entitled to terminate or disable the Account. Notwithstanding the termination or expiration of this Agreement, Sections ‎4, ‎6, ‎9, ‎10, ‎‎11, 12 and ‎13 shall survive and remain in effect in perpetuity.
  1. Warranty and Indemnification
    • flexiWAN warrants that during the term of this Agreement, and subject to the Customer’s compliance with the terms herein, in the event that the System shall contain any material errors which will prevent the ordinary use of the System, flexiWAN shall make reasonable commercial efforts, either to repair or replace the erroneous function, for no additional cost (in its sole discretion). flexiWAN shall not be obligated to fix errors that do not prevent the ordinary use of the System as determined by flexiWAN in its sole discretion. ANY WARRANTY PROVIDED HEREUNDER SHALL NOT APPLY IF THE SYSTEM IS MODIFIED IN ANY WAY, OR USED IN ANY WAY INCONSISTENT WITH THIS AGREEMENT. THIS SECTION STATES THE SOLE WARRANTY OF FLEXIWAN RELATING TO THE SYSTEM.
    • In case of a claim of a third party that normal use of the unmodified System by Customer violates or infringes intellectual property rights of such third party, flexiWAN will, at its sole discretion, either (i) procure a license from such third party, (ii) modify the System to prevent infringement, or (iii) terminate this Agreement and issue to Customer a refund for any payments made by Customer in respect of the post-termination period. No other rights or remedies will accrue against flexiWAN.
    • You agree to fully indemnify, defend, and hold flexiWAN and its officers, directors, shareholders, advisors, contractors, licensors, and employees harmless from and against all claims, demands liabilities, damages, losses, costs, and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
      • Any breach of this Agreement by You;
      • Any violation by You of any law or the rights of any third party; and/or
      • Use by You of the System or any part thereof or use by any other person accessing the System using the Account, whether or not with Your authorization.
    • Without prejudice to any other rights or remedies available to Us under this Agreement or otherwise, We shall be entitled to set off any payments otherwise payable by Us to You hereunder, against any liability of You to Us, including (but not limited to) any claims We have against You resulting from or arising from, Your breach of this Agreement.
  1. Disclaimers and Limitations of Liability
    • EXCEPT FOR THE WARRANTY SET FORTH ABOVE, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE IS AT CUSTOMER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND RESULTS IS SOLELY WITH CUSTOMER. THE SOFTWARE IS SUPPLIED “AS IS, AS AVAILABLE”, AND WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, COMMON LAW OR OTHERWISE. FLEXIWAN DOES NOT WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS. FLEXIWAN MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, THE CONTENT AND THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE.
    • NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, UNDER NO CIRCUMSTANCES SHALL FLEXIWAN OR ITS AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR (I) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSS OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INSTALLATION OF THE SYSTEM; OR (II) FOR ANY CLAIM FOR DAMAGE IN CONNECTION WITH THE HARDWARE OR CLOUD SERVICES.
    • FLEXIWAN’S AND/OR ITS AFFILIATE’S AND/OR ITS LICENSORS, AGGREGATE LIABILITY HEREUNDER SHALL NOT EXCEED AN AMOUNT EQUAL TO THE AGGREGATE FEES ACTUALLY RECEIVED FROM CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
  1. Miscellaneous
    • If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the rest of the Agreement shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
    • No provisions in this Agreement shall be waived by either party. The failure of either party to this Agreement to require the performance of the other regarding any provision of this Agreement shall not affect the right of a party to require such performance at any time in the future.
    • You may not transfer, assign, sublicense, or pledge in any manner whatsoever any of Your rights or obligations under this Agreement without Our prior written consent. We reserve the right to transfer, assign, sublicense, or pledge this Agreement, in whole or in part, at Our sole discretion. There are no third-party beneficiaries to this Agreement.
    • Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits upon third parties.
    • This Agreement constitutes the entire Agreement between the parties, and supersedes any and all prior agreements, understandings or communications, written or oral, between the parties relating to the subject matter hereof. flexiWAN shall be entitled to change, update, add or remove provisions of this Agreement, at any time by posting the updated Agreement on Our Website, and providing you with notification of such update when you access Your Account or by email, at flexiWAN’s sole discretion. By using the System after the updated Agreement is posted, You are agreeing to all the updated terms; if You do not agree with any of the updated terms, You must stop using the System.
    • This Agreement shall be governed by the laws of the State of Israel, without reference to its principles of conflict of laws to the extent they would require the application of the law of another jurisdiction. The parties each consent to the exclusive jurisdiction of the courts of Tel-Aviv, Israel, and waive any objection to venue in such courts.
    • All notices will be sent to the Customer by email to the email of the Account Owner. All notices (except for customer support questions) will be sent to flexiWAN at [email protected].
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