Terms of Use – B2B

We, Kids Fun Exploration Experience Ltd. ("KFFE"), have created Nick Academy - a digital solution that includes, among other things, an educational application for children ages 6-12, a website at https://nick.academy/ (the "Site") and a web-based dashboard intended, among other things, for authorized educators at educational institutions for the purpose of tracking student progress and their use of the application within an appropriate institutional connection (the "Dashboard", and together with the application and the Site - the "Services"). These Terms of Use constitute a binding legal contract between you and us and govern your access to the Site and the Dashboard, as well as any business, marketing, commercial, institutional, operational or promotional use by you of the information, content and services presented therein. In these Terms, "you" means any person acting on behalf of or for a distributor, marketer, agent, business partner, reseller, educational institution, local authority, school, or any other entity seeking to evaluate, promote, market, distribute, purchase, implement or make business or institutional use of Nick Academy products.

We reserve the right to change these Terms of Use at any time, so we recommend checking periodically for updates. The updated Terms of Use will take effect upon their publication, in accordance with the "Last updated" date appearing above. Your continued access to the Site, the Dashboard or the Services after publication of the updated Terms will constitute your agreement to the updated Terms.

The Site and the Services are intended for use by business, institutional and professional parties, including representatives of distributors, marketers, commercial partners and representatives of educational institutions, whether within an existing engagement or for the purpose of evaluating a potential engagement with KFFE. The Site is intended, among other things, to present Nick Academy products, the services provided in connection with them, and the options for marketing, distribution, implementation and institutional use. With respect to educational institutions, the Services may also include connecting the application to the educational institution and granting authorized educators access to a dashboard for tracking student progress and use of the application by means of institutional authentication, all subject to our approval, applicable law and relevant commercial or institutional agreements. By accessing the Site, the Dashboard or the Services, you confirm that you act with appropriate authorization on behalf of the entity you represent and that you have read and agreed to be bound by these Terms of Use. If you are not so authorized, or if you do not agree to these Terms of Use, you may not access or use the Services.

1. Authorized users on behalf of organizations and institutions. The Services under these Terms of Use are intended solely for users acting on behalf of or for business or institutional entities. You represent and warrant that you have the authority, authorization and capacity to enter into these Terms of Use on behalf of the entity you represent, if you act on its behalf, and that your use of the Services will be made solely for business, institutional, professional, marketing or operational purposes, or for the purpose of evaluating cooperation with KFFE. For the avoidance of doubt, the mere fact that the application is also intended for use by children does not grant children or their parents any rights under these Terms of Use, unless expressly stated otherwise in separate terms or a separate agreement applicable to such use.
2. Privacy and your personal information. We respect the privacy rights of our users and of the end users of our products and services. The privacy policy applicable to commercial and business users and educational institution personnel, available at https://nick.academy/privacy-en.html, describes the types of information we collect, the purposes of collection, how the information is used and shared, and the choices available. In addition, within Nick Academy and in any digital environment on its behalf where access is provided to children, privacy measures and protections appropriate to the nature of the use, the type of users and the requirements of applicable law are implemented, as detailed in the privacy policy and in the dedicated privacy notices applicable to end users, including children, including at https://nick.academy/kids-policy. It is the responsibility of every institutional or business entity engaging with us to ensure that any use it makes of the Services, and any provision of information to us, is made in accordance with applicable law, the required authorizations and the relevant privacy notices.
3. Accounts, access and permissions. Access to certain parts of the Services, including the Dashboard, may be subject to opening an account, allocation of access permissions or use of an institutional authentication mechanism, all at our discretion and in accordance with the nature of the engagement. You and the entity you represent are responsible for any use made by means of the access credentials or permissions allocated to you, including maintaining their confidentiality and limiting access to your authorized personnel only. You may contact us at support@nick.academy if you become aware of any unauthorized use of the account or of a concern regarding its security.
4. The rights granted to you. If you accept and comply with these Terms of Use, we grant you a limited, non-exclusive, revocable right, which is not transferable or assignable without our prior written approval, to access the Site, the Dashboard and any material, information or feature made available to you within them, solely for internal business or institutional purposes, or for the promotion, marketing, evaluation, implementation, distribution or management of Nick Academy products in accordance with any separate agreement applicable between you and us. Nothing in these Terms of Use grants you any right to sell, distribute, sublicense, bind us, present yourself as our authorized representative, or make any other commercial use of the Services or of our intellectual property, unless expressly agreed with you otherwise in writing. We reserve all rights in the Services not expressly granted to you.
5. Commercial terms, services and payments. All commercial terms, including ordering, licensing, purchase, implementation, access to the Services, institutional connection, use permissions, marketing or distribution services, payments, charges, credits, refunds, termination of engagement and discontinuation of services, will be governed by a separate agreement, as applicable, between the parties. In the event of a conflict between these Terms of Use and such an agreement, the provisions of the separate agreement will prevail with respect to that governed matter only. We reserve the right to update, from time to time and at our discretion, prices, commercial models, service scopes, packages, product features and engagement terms, subject to any separate agreement applicable between the parties and to the provisions of applicable law.
6. Use restrictions. You agree not to make, and not to allow others to make, any unlawful, misleading or unauthorized use of the Services, including: harming, disrupting, copying, disassembling, reverse engineering or circumventing security measures or access restrictions; using the Services to develop or promote a competing product or service; copying, distributing, publishing, making available to third parties or making commercial use of the Services or of the information contained in them without express authorization; using our name, logo, product descriptions or intellectual property in a misleading or unauthorized manner, or performing mining, extraction, automated crawling, scraping or systematic collection of information from the Site or the Dashboard; making representations, commitments or promises on behalf of KFFE without express written authorization; or using the Services in violation of these Terms of Use or of applicable law.
7. If the Services allow uploading, entering, sharing or publishing content, information, documents or data, you may not upload, share or publish any content that is unlawful, infringing, invasive of privacy or confidentiality, misleading, offensive, malicious, or that creates a false impression that it was approved, created or endorsed by KFFE, if that is not the case.
8. Without derogating from the above, you may not impersonate another party, misrepresent your relationship with KFFE, share information you received from us in violation of authorization, or publish or promote Nick Academy products in a manner that is inaccurate, outdated or contrary to guidelines, materials or information provided by us.
9. If we believe that you are misusing the Services, acting in violation of these Terms of Use, violating applicable law, harming our reputation or creating a legal, commercial, regulatory, security or operational risk to us or to others, we may take reasonable steps, including restricting your access to the Services, suspending your account or blocking access to the Dashboard, in accordance with the law.
10. Intellectual property rights. You acknowledge that KFFE is the exclusive owner of all rights in the application, including all software, design, content, trademarks, and any updates or modifications thereof. You have no intellectual property right or other right in the application, but you have the right to use them in accordance with these Terms of Use. You may not remove or alter any copyright notice or trademark in the application. In addition, if the application includes third-party components, you may use them only together with the application and in accordance with the terms presented, and not for any other purpose.
11. Links and third-party sites. The Services may include links, references or integrations to third-party services. Your use of them is at your own responsibility and subject to their terms, and we bear no responsibility for their content, their services or their privacy practices, to the extent permitted by law.
12. Service limitations and updates. We do not undertake that the Services will be available at all times, without interruptions or without errors, or that they will suit any particular need of yours. We may update, modify, restrict or adapt the Services from time to time, including for operational, technological, security, product or regulatory reasons.
13. Artificial intelligence disclaimer. If the Services include components or outputs based on artificial intelligence, they may be partial, erroneous or unsuited to every case, and they should not be relied upon alone for making professional, commercial, institutional, educational or regulatory decisions.
14. Changes, suspension or discontinuation of the Services. We reserve the right, at any time, to change, suspend, reduce, discontinue or remove all or part of the Services, including the Site, the Dashboard, product features, integrations, tracks or functions, temporarily or permanently, at our discretion and in accordance with applicable law and with express commitments given in a separate agreement, if any.
15. Feedback from you. If you provide us with any feedback regarding the Services, you grant us the right to use it, process it and incorporate it for any business, commercial, operational or product purpose, without consideration, unless expressly agreed otherwise in writing.
16. Disclaimers. The Services and any information or content provided within them are provided "as is" and "as available". Except as expressly agreed otherwise in writing, we make no representation, commitment or warranty with respect to the Services, their availability, their suitability for your needs or any particular result to be achieved through them. To the fullest extent permitted by applicable law, we disclaim all representations and warranties, express or implied, including as to merchantability, fitness for a particular purpose and non-infringement.
17. Limitation of liability. To the fullest extent permitted by applicable law, KFFE will not be liable to you or to the entity you represent for any indirect, special, consequential, incidental or punitive damage, or for loss of profit, revenue, business opportunity, goodwill, data or savings, arising from these Terms of Use or from your access to the Services, your use of them, their unavailability or reliance upon them. Subject to applicable law and to the provisions of a specific written agreement providing otherwise, our total aggregate liability in connection with these Terms of Use will not exceed the amount actually paid to us by the relevant entity for the Services that are the subject of the claim during the twelve (12) months preceding the event giving rise to the cause of action, and if no such amount was paid - USD 100. For the avoidance of doubt, we do not seek to limit or exclude liability that cannot be limited or excluded by law.
18. Indemnification. To the fullest extent permitted by applicable law, you and the entity you represent agree to indemnify, defend and hold harmless KFFE and its officers, employees, directors, advisors, contractors, suppliers, shareholders, affiliated companies, their representatives and anyone acting on their behalf, from any claim, demand, damage, loss, expense, liability, fine, cost or charge (including reasonable attorneys' fees), arising out of or in connection with: (a) your use of the Services; (b) breach of these Terms of Use or of any separate agreement applicable to you; (c) a representation, commitment or promise you made to a third party on behalf of KFFE without authorization; (d) violation of law, third-party rights, privacy, confidentiality or intellectual property; or (e) use by the entity you represent, or by anyone on its behalf, of the Services or of information received from us.
19. Trademarks. All trademarks, service marks, graphics and logos used in connection with the application are trademarks or service marks of KFFE or of their respective owners, as applicable, and some are registered with the patent and trademark offices of Israel, the United States or other trademark authorities. Access to and use of the application do not grant you any right or license to reproduce or otherwise use the application or any third-party trademarks, service marks, graphics or logos.
20. Termination or revocation of access. We may suspend, restrict or terminate your access to the Services, in whole or in part, immediately or upon notice, if you breach these Terms of Use, act without appropriate authorization, create a risk to us or to a third party, or if such termination is required for reasons of law, security, regulation, operations or protection of the Services. You may stop using the Services at any time; however, cessation of use in itself will not derogate from financial, confidentiality, intellectual property, indemnification or other obligations that by their nature are intended to survive termination. If a separate commercial or institutional agreement exists, termination of the engagement or of access will also be subject to its provisions.
21. Dispute resolution. These Terms of Use are governed by and will be construed solely in accordance with the laws of the State of Israel, without applying conflict-of-law rules. Any dispute, claim or demand arising from or in connection with these Terms of Use, or from your access to them, will be heard and decided in the competent courts of Tel Aviv-Yafo, Israel, which will have exclusive jurisdiction.
22. Electronic communications. You agree to receive communications from us by electronic means, including by email, through the Site, the Dashboard or any other digital channel, in connection with the Services and with your engagement with us, all subject to applicable law.
23. Additional important matters. These Terms of Use, together with our privacy policy and any additional terms published on the Site or provided by us in connection with the Services, constitute the entire agreement between you and us with respect to the use governed by them, unless a specific written agreement exists between us with respect to that matter. If any provision of these Terms of Use is determined to be unenforceable, the remaining provisions will remain in full force. Refraining from enforcing, or delay in enforcing, any right will not be deemed a waiver of it. You may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent. We may assign our rights and obligations under these Terms of Use to any affiliated entity, acquirer of our business, or in connection with a merger, investment, sale of assets or reorganization.
24. Miscellaneous. Nothing in these Terms of Use derogates from mandatory rights or remedies that cannot be contracted out of by law. Without derogating from the generality of the foregoing, if you act as a potential or existing distributor, marketer, reseller, agent or business partner, these Terms of Use in themselves do not establish exclusivity, partnership, joint venture, agency, employment relations, a right of representation, a right to use our trademarks, or a right to bind us, unless expressly agreed otherwise in writing.
25. Confidentiality. Non-public information provided to you by us in connection with the Services or with a potential or existing engagement with us will be deemed confidential information of KFFE, and you will not use it except for the purpose of evaluating or advancing the engagement with us, and will not disclose it to any third party without our prior written consent, unless disclosure is required by law.
26. How to contact us. You may contact us, including for business, institutional, marketing, distribution, implementation or privacy inquiries, or in connection with the Dashboard and the Services, by mail at: