Terms of Service

These Terms of Service (the “Terms”) constitute a legally binding agreement between you, whether acting in your personal capacity or on behalf of an entity you are authorized to represent (“you” or “your”), and Arcusis Ltd., a company incorporated under the laws of the State of Israel (“Arcusis,” “we,” “us,” or “our”), governing your access to and use of the website located at arcusis.com and all pages, subdomains, and content published thereon (collectively, the “Site”). The Site is a marketing and informational website through which Arcusis presents its software development services, including but not limited to AI platforms, enterprise software solutions, game development, and custom software development. The Site does not offer e-commerce, subscription-based products, or user account functionality.

By accessing, browsing, or otherwise using the Site in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree with any provision of these Terms, you are expressly prohibited from using the Site and must discontinue all use immediately. Your continued use of the Site following the posting of any revised Terms constitutes your binding acceptance of those revisions.

These Terms govern your use of the Site as a standalone matter and are intended to supplement, not replace, any separate written services agreement, master services agreement, statement of work, or other engagement agreement that may be entered into between Arcusis and a client for the provision of professional services. In the event of any conflict between these Terms and a duly executed written services agreement, the provisions of the written services agreement shall govern with respect to the subject matter of that agreement.

The Site is designed and intended for use by businesses, entrepreneurs, and individuals who possess the legal capacity to enter into binding contractual agreements under the laws of their respective jurisdictions. By accessing or using the Site, you expressly represent and warrant that you are at least eighteen (18) years of age, that you are not a minor under the laws of your jurisdiction of residence, and that you have full legal authority either to bind yourself personally or, where you are acting on behalf of a corporate entity, partnership, governmental authority, or other organization, to bind that organization to these Terms. If you do not meet these eligibility requirements, you must not access or use the Site.

Arcusis operates in the business-to-business (“B2B”) segment of the software development market. The Site is not directed to end consumers purchasing goods or services for personal, household, or domestic use. Accordingly, the protections afforded to consumers under the Israeli Consumer Protection Law, 5741-1981, and analogous consumer protection legislation in other jurisdictions, may not apply to your use of the Site or to any engagement arising from it, except to the extent that such protections are mandatory and cannot be contractually excluded. Where the laws of a user’s jurisdiction of residence impose mandatory consumer protections that cannot be waived, those protections shall apply notwithstanding any contrary provision in these Terms.

Unless otherwise expressly indicated, the Site and all of its contents are the exclusive proprietary property of Arcusis or its licensors. This includes, without limitation, all software source code, object code, databases, website architecture and design, visual compositions, user interface elements, graphics, illustrations, photographs, audio recordings, video productions, written text, case studies, blog posts, marketing copy, and all other creative and technical materials appearing on or forming part of the Site (collectively, the “Content”), as well as all trademarks, service marks, trade names, logos, and other brand identifiers associated with Arcusis or displayed on the Site (the “Marks”). The Content and Marks are protected under the Israeli Copyright Act, 5768-2007, applicable directives of the European Union including the Information Society Directive (2001/29/EC) and the Digital Single Market Directive (2019/790/EU), and the international framework established by the Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Site and its Content solely for the purpose of evaluating Arcusis’s services and conducting legitimate business inquiries. Standard web browser caching of Content for personal, non-commercial use incidental to ordinary browsing is permitted. No right, title, or interest in or to any Content or Marks is transferred to you by virtue of your access to the Site or any permitted use of its contents.

You are expressly prohibited from reproducing, copying, modifying, adapting, distributing, selling, licensing, sublicensing, publicly displaying, publicly performing, transmitting, broadcasting, publishing, reverse engineering, decompiling, disassembling, or otherwise exploiting any Content or Marks for any commercial purpose or in any manner that is not expressly permitted by these Terms, without the prior express written consent of Arcusis. Systematic or automated retrieval of Content for the purpose of creating a competing compilation, database, or directory is prohibited. Unauthorized use of the Marks in any manner that is likely to cause confusion as to the source, sponsorship, or endorsement of any goods or services is prohibited.

With respect to portfolio and case study materials published on the Site, Arcusis may reference, describe, and display work performed for past or present clients subject to any applicable confidentiality obligations established in separate written agreements with those clients. The publication of such materials on the Site does not constitute a waiver of any confidentiality obligations, nor does it grant any third party any right to use, reproduce, or claim ownership of the described work product.

The Site is made available solely for informational purposes and to facilitate legitimate commercial inquiries regarding Arcusis’s software development services. Any use of the Site outside of this scope is unauthorized. You agree that your access to and use of the Site shall at all times comply with these Terms and all applicable laws, regulations, and ordinances, including Israeli law and the laws of your jurisdiction of residence or operation.

The following conduct is strictly prohibited in connection with your use of the Site. You may not attempt to gain unauthorized access to any part of the Site, to the servers on which the Site is hosted, or to any database, system, or network connected to the Site. You may not use any automated tool, spider, crawler, scraper, robot, script, or other automated means to access, extract, index, copy, or collect data or Content from the Site for any purpose. You may not interfere with, disrupt, impair, or impose an undue or disproportionate load on the operation of the Site or any network or infrastructure supporting it. You may not submit false, misleading, fraudulent, or deceptive information through the contact form or any other interactive feature of the Site. You may not upload, transmit, or introduce to the Site any malicious code, computer virus, worm, Trojan horse, time bomb, spyware, adware, or any other harmful software or program. You may not frame the Site, place pop-up windows over its content, or otherwise affect the display or operation of the Site without our express prior written consent. You may not use the Site for any purpose that is unlawful, immoral, harmful, or objectionable, or that violates the rights of Arcusis or any third party.

You are expressly advised that the Israeli Computers Law, 5755-1995, criminalizes a range of unauthorized interactions with computer systems, including unauthorized access to computer material, unauthorized impairment of computer systems or data, and unauthorized use of computer services. Any violation of that law in connection with your use of the Site may result in civil liability, criminal prosecution, and penalties including imprisonment and fines under Israeli law. Arcusis reserves the right to cooperate fully with law enforcement authorities and to disclose information about users whose conduct may constitute a violation of applicable law.

The contact form available on the Site is provided exclusively for the purpose of facilitating initial business inquiries and communications between prospective clients or interested parties and Arcusis. It is not intended for personal solicitations, mass communications, or any purpose other than genuine business engagement.

By submitting a contact form inquiry, you represent and warrant that all information provided in the submission, including your name, organization, contact details, and the substance of your inquiry, is truthful, accurate, and not misleading. Where you are submitting on behalf of an organization, you further represent that you are authorized to communicate on that organization’s behalf and to request information about or express interest in Arcusis’s services. Contact form submissions are processed through Google Workspace, a suite of business productivity and communication services operated by Google LLC. Your submission is subject to Google’s applicable terms of service and privacy policy in addition to these Terms and Arcusis’s Privacy Policy.

Arcusis endeavors to respond to contact form submissions within two (2) business days, measured according to Israeli working hours. Standard Israeli business days are Sunday through Thursday, excluding Israeli public holidays and Jewish holidays observed by the company. Response times may vary depending on the volume and complexity of inquiries received. Arcusis reserves the right, in its sole discretion, to decline to respond to any submission that it determines to be incomplete, ambiguous, spam, abusive, unlawful, or otherwise inappropriate. The failure to respond to a submission shall not constitute an admission, agreement, or undertaking of any kind.

The submission of a contact form inquiry does not create any contractual obligation on the part of Arcusis or on the part of the submitting party. No binding legal relationship, including any obligation to provide services, arises from a contact form submission or from any subsequent informal communications, expressions of interest, quotations, or preliminary negotiations, unless and until the parties have executed a separate written services agreement signed by authorized representatives of both parties.

Nothing contained on the Site, including any articles, case studies, blog posts, service descriptions, project summaries, or other informational content, constitutes or is intended to constitute legal advice, financial advice, investment advice, tax advice, accounting advice, regulatory advice, technical consulting, or any other form of professional advice. The Content published on the Site is provided for general informational and marketing purposes only and does not establish any advisory, professional, fiduciary, or consultancy relationship between Arcusis and any person who accesses or reads the Content.

You should not rely on any Content on the Site as a basis for making business, legal, financial, technical, or other decisions without obtaining independent professional advice appropriate to your specific circumstances and jurisdiction. Arcusis expressly disclaims any liability arising from reliance on any general informational content published on the Site. The formal engagement of Arcusis to provide professional software development services is subject exclusively to the terms of a separate, duly executed written services agreement, and no representation or statement made on this Site or in any informal pre-engagement communication shall be construed as a binding commitment by Arcusis to deliver any particular service, outcome, or result.

The Site may contain hyperlinks to, or embed content or functionality sourced from, third-party websites and services that are not owned, operated, or controlled by Arcusis. Such third-party services include, by way of illustration, Google Maps, which may be embedded on the Site to display the location of Arcusis’s offices. The inclusion of any hyperlink or third-party embed does not constitute an endorsement, recommendation, warranty, or sponsorship by Arcusis of the linked or embedded service, its operators, or the content or products available through it.

Your use of Google Maps through any embed on the Site is governed by the Google Maps Platform Terms of Service and the Google Privacy Policy, as published and amended by Google LLC from time to time, and you are solely responsible for reviewing and complying with those terms. Arcusis has no control over, and assumes no responsibility for, the content, accuracy, availability, privacy practices, security measures, or terms of service of any third-party website or service referenced or embedded on the Site. Any concerns regarding third-party content should be directed to the relevant third-party service provider.

If you choose to access any third-party website or service via a link from this Site, you do so entirely at your own risk, and Arcusis shall not be liable for any loss, damage, cost, or consequence arising from such access or use. The EU eCommerce Directive (2000/31/EC) framework and corresponding provisions of Israeli law require Arcusis to alert you to this independent operation of third-party services, which we do by means of this notice.

THE SITE AND ALL CONTENT, INFORMATION, MATERIALS, AND FUNCTIONALITY MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF THE STATE OF ISRAEL AND BY ANY OTHER APPLICABLE MANDATORY LAW, ARCUSIS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, AND QUIET ENJOYMENT.

Arcusis does not warrant that the Site will be available at all times or at any particular time, that the Site will be uninterrupted, secure, or free from errors, defects, bugs, or technical malfunctions, that any defects or errors in the Site will be corrected, that the Site or the servers or networks that make it available are free of viruses, malware, or other harmful components, or that the Content on the Site is accurate, complete, current, or suitable for any particular purpose. The Site may be subject to scheduled or unscheduled downtime for maintenance, upgrades, or other technical operations, and Arcusis assumes no liability for any interruption in availability.

Where the laws of a particular jurisdiction do not permit the exclusion of certain implied warranties, those warranties are excluded to the fullest extent permitted by applicable law. Nothing in this Section is intended to limit any rights you may have under Israeli mandatory law or, where applicable, the mandatory consumer protection law of your country of residence within the European Union.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE LAWS OF THE STATE OF ISRAEL, IN NO EVENT SHALL ARCUSIS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, OR SUCCESSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COSTS OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT THEREON, EVEN IF ARCUSIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY UPON WHICH SUCH CLAIM IS BASED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

To the maximum extent permitted by applicable law, Arcusis’s total aggregate liability to you for any and all claims, losses, damages, or causes of action arising out of or relating to your use of this Site or these Terms, regardless of the form of action or the basis of the claim, shall not exceed one hundred New Israeli Shekels (NIS 100). This cap on liability reflects the nature of the Site as a free, informational marketing website that generates no revenue from users and creates no financial obligation for site visitors.

Nothing in this Section shall be construed to limit or exclude Arcusis’s liability for: (a) death or personal injury caused by Arcusis’s proven negligence; (b) fraud or fraudulent misrepresentation by Arcusis; or (c) any other liability the exclusion of which is prohibited by Israeli mandatory law or, where applicable, by the mandatory law of the relevant EU member state. For users located in the European Union, nothing in these Terms limits your rights under applicable mandatory national law implementing EU consumer protection directives in your country of residence.

Users in the United States are advised that the enforceability of limitations of liability varies by state. Some jurisdictions do not permit the limitation or exclusion of consequential or incidental damages; accordingly, the above limitation may not apply to you to the extent that it is not enforceable under the law of your state. The parties acknowledge that the allocation of risk reflected in these Terms is reasonable and forms an essential basis of the agreement between them, without which Arcusis would not make the Site available.

You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Arcusis and its officers, directors, shareholders, employees, agents, contractors, licensors, suppliers, and successors (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable legal fees and disbursements, arising out of or in any way connected to: (a) your access to or use of the Site in violation of these Terms or applicable law; (b) your breach of any representation, warranty, or obligation set forth in these Terms; (c) your violation or alleged violation of any third party’s rights, including intellectual property rights, privacy rights, or rights under Israeli defamation law as codified in the Prohibition on Defamation Law, 5725-1965; or (d) your submission of any false, misleading, unlawful, or harmful information through the Site.

Arcusis reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such event, you agree to cooperate fully with Arcusis in the assertion of any available defenses and to provide all reasonable assistance requested by Arcusis in connection with the defense of any such claim. You may not settle any claim that imposes any obligation, restriction, or liability on any Indemnified Party without the prior written consent of Arcusis.

These Terms, and any non-contractual obligations arising out of or in connection with them, shall be governed by and construed exclusively in accordance with the laws of the State of Israel, including the Israeli Contract Law (General Part), 5733-1973, the Israeli Contracts (Remedies for Breach of Contract) Law, 5731-1970, and other applicable Israeli legislation, without giving effect to any choice-of-law or conflict-of-law rules or provisions that would cause the application of the laws of any other jurisdiction.

Any dispute, claim, or controversy arising out of or relating to these Terms, or to the breach, termination, validity, or existence thereof, or to the use of the Site, shall be submitted to the exclusive jurisdiction of the competent courts located in Tel Aviv-Jaffa, Israel, and you irrevocably consent to the personal jurisdiction of those courts and waive any objection to the laying of venue in those courts or to the exercise of personal jurisdiction over you by those courts.

For users located within the European Union: nothing contained in these Terms is intended to, nor shall it, limit any rights you may have under the mandatory consumer protection laws and regulations of the EU member state in which you are habitually resident. Where EU mandatory law confers upon you rights that cannot be excluded or limited by contract, those rights are preserved in full, and the choice of Israeli law and Israeli courts as the governing law and forum for disputes shall apply only to the extent permitted by EU law.

For users located in the State of Israel: these Terms are subject to all mandatory provisions of Israeli law that cannot be waived or modified by contract. Nothing in these Terms shall be construed as a waiver of any right granted to you under Israeli mandatory law.

Before initiating any formal legal proceeding in connection with a dispute arising out of or relating to these Terms or the Site, the parties agree to undertake a good-faith effort to resolve the matter through informal written negotiation. A party wishing to invoke this informal resolution procedure shall provide written notice to the other party describing the nature of the dispute in reasonable detail, the relief or remedy sought, and the factual and legal basis for the claim. Such notice shall be delivered to Arcusis by electronic mail addressed to info@arcusis.com, with the subject line clearly identifying the communication as a dispute notice under these Terms.

Following receipt of such written notice, the parties shall have a period of thirty (30) calendar days to attempt to resolve the dispute through good-faith negotiations, which may be conducted by correspondence, telephone, or video conference at the mutual convenience of the parties. If the parties are unable to reach a mutually acceptable resolution within this thirty-day period, or if either party fails to engage in good-faith negotiations, either party shall be free to pursue formal legal proceedings before the competent courts in accordance with Section 11 of these Terms.

The requirement to engage in informal dispute resolution shall not prevent either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction where delay would result in irreparable harm, nor shall it constitute a waiver of any rights or defenses that either party may have in any formal legal proceeding.

If any provision of these Terms is determined by a court or arbitral tribunal of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the offending provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect as though the severed provision had never been included, provided that the fundamental intent and economic effect of these Terms is not materially altered. The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction.

No failure or delay by Arcusis in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude any further or other exercise thereof or the exercise of any other right, power, or remedy. No waiver by Arcusis of any breach of these Terms shall be effective unless expressed in writing and signed by an authorized representative of Arcusis, and no such waiver shall be construed as a waiver of any subsequent breach of the same or any other provision.

Arcusis reserves the right to modify, amend, or replace these Terms at any time, at its sole and absolute discretion, in order to reflect changes in applicable law, updates to the Site’s functionality or content, developments in Arcusis’s business practices, or for any other reason that Arcusis deems appropriate. All revisions to these Terms will become effective upon their publication on the Site. Material changes to these Terms will be indicated by an updated “Last updated” date appearing at the top of this page. It is your responsibility to review these Terms periodically to remain informed of any changes.

Your continued access to or use of the Site after revised Terms have been posted on the Site constitutes your binding acceptance of those revised Terms. If you do not agree to any revised Terms, you must cease all use of the Site immediately. Arcusis may, but is not obligated to, provide additional notice of material changes through other means, such as a banner or pop-up notification on the Site, but the absence of such additional notice shall not affect the effectiveness of revised Terms posted in accordance with this Section.

If you have any questions, concerns, or requests regarding these Terms of Service, or if you wish to report any content on the Site that you believe infringes your intellectual property rights or violates applicable law, you are welcome to contact Arcusis by electronic mail at info@arcusis.com, by telephone at 058-469-6000 during Israeli business hours (Sunday through Thursday), or by submitting an inquiry through the contact form available at arcusis.com/contact. Our registered office is located at Millennia Tower, The 1000 Complex, Entrance B, 18th Floor, 23 HaRishonim Blvd, Rishon LeZion 7519701, Israel.

Arcusis will make reasonable efforts to respond to substantive inquiries regarding these Terms within a reasonable time. Please note that the contact details provided in this Section are for questions about these Terms and are not for the purpose of providing legal service of process or formal legal notices, which must be delivered through appropriate legal channels in accordance with applicable law and court rules.