Last Updated: 7/1/2024
These terms of use are entered into by and between you and Kayma Labs Ltd. (“Company,” “we,” or “us”). The following terms and conditions (these “Terms of Use”), together with any documents they expressly incorporate by reference, govern your access to and use of Milgo https://milgo.io/en (our “Website”) and/or your use of our web application at app.milgo.io (“Milgo”) including any content, functionality, and services offered on or through Milgo, whether as an End User, Guest, or Institution (each defined below).
Milgo is an evaluation system used in educational contexts to assess student behavior, motivations, and barriers through the use of surveys as contemplated by an Institution’s particular engagement agreement with us (“Surveys”).
Accordingly, there are a variety of User Types:
Please read these Terms of Use carefully before you start to use Milgo. By using Milgo or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.milgo.io/policy-tos/us/milgo-privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use Milgo.
Milgo is offered and available to End Users. By using Milgo, you represent and warrant that you are doing it willfully and/or have been authorized by your Institution or the Company to interact with Milgo. If you do not meet all of these requirements, you must not access or use Milgo.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of Milgo thereafter. Your continued use of Milgo following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.
We reserve the right to discontinue, suspend, or modify any service or material (including Surveys) we provide on Milgo, in our sole discretion without notice (unless required by a particular engagement agreement). We will not be liable if for any reason all or any part of Milgo is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of Milgo, to some or all User Types.
Institutions are responsible for:
Providing parents or legal/lawful guardians (“Parents”) in the case of a child or person with disability (as the case may be) with information regarding Milgo including:
End Users are responsible for:
Regardless of User Type, to access Milgo or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Milgo that all the information you provide on Milgo is correct, current, verifiably authentic, and complete. You agree that all information you provide to register with Milgo or otherwise, or through the use of any interactive features (including Surveys) on Milgo, is governed by the Milgo Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Milgo Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Milgo or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Milgo and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by relevant copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Milgo, except as follows:
You must not:
End Users must not access or use for any commercial purposes any part of Milgo or any services or materials available through Milgo that are outside of the scope of the engagement agreement with the applicable Institution.
If you wish to make any use of material on Milgo other than that set out in this section, please address your request to yoav.r.@kayma.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Milgo in breach of these Terms of Use, your right to use Milgo will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to Milgo or any content on Milgo is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of Milgo not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, Milgo, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You shall not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on Milgo are the trademarks of their respective owners.
You may use Milgo only for lawful purposes and in accordance with these Terms of Use. You agree not to use Milgo:
Additionally, you agree not to:
Milgo may contain interactive features that allow users to upload content on or through Milgo (such as through Surveys). Any information you upload in this way (your “Uploads”) must comply with the Content Standards set out in these Terms of Use.
Subject to our Privacy Policy, your Uploads will be considered non-confidential and non-proprietary. By uploading such information, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties your Uploads in accordance with the applicable engagement agreement and our Privacy Policy.
You represent and warrant that:
You understand and acknowledge that you are responsible for your Uploads, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any of your Uploads.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through Milgo.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all Uploads in a timely fashion and cannot ensure destruction or other action in regard to objectionable material after it has been uploaded for lack of knowledge. Accordingly, we assume no liability for your Uploads.
These content standards apply to any and all Uploads (including Survey answers) and use of Milgo. Uploads must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Uploads must not:
The information presented on or through Milgo and the reports generated through Surveys are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk and volition. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website or Milgo, or by anyone who may be informed of any of its contents or reports generated through data collected on or through Milgo.
Milgo may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by a third party.
We may update the content on Milgo from time to time, but its content is not necessarily complete or up-to-date. Any of the material on Milgo may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on and through Milgo is subject to our Privacy Policy. By using Milgo, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
If Milgo contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Milgo, you do so entirely at your own risk and volition and are subject to the terms and conditions of use for such websites.
The owner of Milgo is based in Israel. At this time, we only provide Milgo for use by
persons located in [Colombia], India, Israel, and the United States. We make no claims
that Milgo or any of its content is accessible or appropriate outside of these countries.
Access to Milgo may not be legal by certain persons or in certain countries. If you
access Milgo from outside of these countries, you do so on your own initiative and are
responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Milgo will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF MILGO OR ANY SERVICES OR ITEMS OBTAINED THROUGH MILGO OR THROUGH YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF MILGO, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH MILGO (INCLUDING SURVEY RESULTS AND ASSESSMENTS THEREOF) IS AT YOUR OWN RISK AND VOLITION. MILGO, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH MILGO ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF MILGO, CONTENT OF MILGO (KAYMA LABS, LTD.) TERMS OF USE - 10 SURVEYS, RESULTS OF SURVEYS, AND ANALYSIS OF SURVEY RESULTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT MILGO, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH MILGO (INCLUDING SURVEY RESULTS AND ASSESSMENTS THEREOF) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT MILGO, OUR WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT MILGO OR ANY SERVICES OR ITEMS (INCLUDING SURVEY RESULTS AND ASSESSMENTS THEREOF) OBTAINED THROUGH MILGO WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY OR FRAMEWORK, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, MILGO, ANY WEBSITES LINKED TO IT, ANY CONTENT ON MILGO OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct insofar as the provision of Milgo is concerned.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless (collectively, “indemnify”) the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (“Protected Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) (each a “Loss” and, collectively, “Losses”) arising out of or relating to your violation of these Terms of Use or your use of Milgo, including, but not limited to, your Uploads, any use of Milgo’s content, services, and products other than as expressly authorized in these Terms of Use and applicable engagement agreement, or your use of any information obtained from Milgo (such as reports based on Survey data). In particular, Institutions agree to indemnify Protected Parties from and against any Losses arising out of or relating to its particular End Users’ violation(s) of these Terms of Use or their use of Milgo, including, but not limited to, children’s use of Milgo and Uploads in violation of these Terms of Use.
All matters relating to Milgo and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Israel without giving effect to any choice or conflict of law provision or rule (whether of the State of Israel or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or Milgo shall be instituted exclusively in the courts of Israel, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state/country of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR MILGO MUST BE COMMENCED WITHIN ONE (1) YEAR OR SUCH PERIOD AS THE GOVERNING LAW MAY PRESCRIBE, WHICHEVER IS LESSER, AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
These Terms of Use, the Milgo Privacy Policy, any documents referenced therein, and the applicable engagement agreement constitute the sole and entire agreement between you and the Company regarding Milgo and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Milgo.
Milgo is operated by Kayma Labs Ltd., H.P. 515375970, with an address at 7 HaPelech Street, Tel Aviv-Yafo, Israel. For feedback, comments, requests for technical support, and other communications relating to Milgo, please contact us through the contact form available at https://coda.io/form/milgo-Support_dDCRTuQ8mc3.
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MILGO (KAYMA LABS LTD.)
Terms of Use