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Terms of use

1. General

The websites, related applications and services at https://orcainc.com, https://servc.co.il, https://fms.servc.co.il, http://app.servc.co.il, and other subdomains (collectively, “Websites” or “Services”) are managed by SerVC, Ltd. and its affiliated entities (collectively, "Orca",“SerVC”, “we”, “us”, “our” or “ours”). These Websites are intended to provide information about SerVC and serve as a gateway for conducting business with SerVC under the terms specified in written service agreements (known as "Service Agreements"). By accessing, using or otherwise engaging in our Services you agree to be bound by these Terms of Use ("Terms"), which are a contract between you and SerVC. Please read these Terms carefully before accessing or using our Services.

2. Legally Binding Agreement

By using our Websites, you’re entering into a contract with SerVC, Ltd. ("SerVC"), which applies to you personally or as a representative of an entity. This covers your interaction with the Services and everything they offer, such as information, materials, and third-party content (collectively, "Content"). Keep in mind, if you're already bound by a Service Agreement with us, some of these Terms might overlap.

When you access our Websites, it means you’ve recognized and agreed to these Terms, our Privacy Policy (accessible at https://orcainc.com/privacy-policy), and any other notices we may post. Remember, we can update these Terms and policies whenever necessary and without personal notice, so please review them periodically.

If you don’t agree to these Terms or any future updates, please refrain from using our Websites.

3. Additional Terms

Additional terms may apply to certain sections of our Websites, complementing these general Terms of Use. Your use of those sections implies acceptance of both the general and specific terms, with the latter prevailing in case of conflict. Access to some functionalities may necessitate further agreements (Service or Supplemental) which, when presented online, can be consented to with actions linked to your password, such as clicking to agree.

These Terms serve to enhance any specific agreements, not to replace them.

4. Monitoring Website Usage

SerVC reserves the right to monitor your activity on our Websites. The information gathered from this monitoring could be utilized for SerVC's internal business needs or in line with the Privacy Policy found at https://orcainc.com/privacy-policy, as well as to comply with regulations or standards set by relevant oversight bodies that SerVC adheres to.

5. Intellectual Property Rights and User License

SerVC retains all rights, titles, and interests in its Websites and associated content, which are explicitly detailed on the Websites. The content is protected under copyright and other intellectual property laws. When you use SerVC's Services, you're given a personal, limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access their content, strictly for personal and non-commercial purposes, subject to your adherence to these Terms of Use.

You're not allowed to modify, reproduce, distribute, display, or create derivative works from the Websites’ content, either in whole or in part, for public or commercial use without obtaining prior written consent from SerVC unless stated otherwise in the Service Agreement. This prohibition extends to all forms of copying or sharing of the content, including electronic transmission. Furthermore, you cannot remove any copyright or legal notices, nor can you link to or frame any part of the Websites.

The use of SerVC's trademarks, including but not limited to the SerVC name, service names, logos, and other marks appearing on the Websites, is strictly controlled. These marks are the property of SerVC or its affiliates, and rights in other marks are reserved to their respective owners. No activity on the Websites grants you the right to use any trademarks displayed on the Websites without explicit written permission from SerVC or the trademark owner. Any content you contribute to the Websites remains under the ownership of SerVC or its licensors, without conferring any intellectual property rights to you.

SerVC reserves the sole right to oversee and manage the Websites’ content, which includes the authority to modify, limit access, or cease offering the license to use the content at its discretion without notice. SerVC may also monitor your usage to ensure compliance with these terms. Please note that some content may be subject to third-party licenses, and it's your responsibility to abide by any additional restrictions associated with that content.

6. User and Account Registration

To utilize the services offered on the Websites, registration for a User Account using a valid email address is required. Access to specific features necessitates setting up specialized accounts:

Organization Account: Clients managing or representing funds can subscribe to services, administer funds, and authorize access levels for their representatives or third-party providers.

Investor Account: Designed for investors, including those evaluating investment opportunities, to manage profiles, engage with investment materials, and appoint representatives to oversee their investment activities.

Your registration acknowledges acceptance of these terms, integrating them into your use of the Websites.

7. DMCA Notification

SerVC respects the intellectual property rights of others and expects its users to do the same. We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”).

If you believe that material available on or through SerVC's Websites infringes upon a copyright you own or control, please provide a notification of alleged copyright infringement containing all the requirements set forth in the DMCA, and send it to SerVC using contact information provided below:

  • Email: support@orcainc.com
  • Postal Mail: Designated Copyright Agent WeWork, 1st floor, Shankar St. 1, Herzliya, 4672501, Israel

Making a false claim of infringement can result in liability for damages. SerVC takes a firm stance against intellectual property infringement and will take appropriate action, including the removal of infringing material and termination of the infringer's account, where warranted.

8. Third Party Links

SerVC may provide links to third-party websites as a convenience to you. However, SerVC does not control these external sites, nor does it endorse or assume any responsibility for their content, links contained within them, or any subsequent changes to these sites. By using these links, you acknowledge and agree that SerVC is not liable for any harm or damages related to the use of any third-party website. Engage with linked websites at your own risk and discretion and be aware that different terms and privacy policies may apply.

9. No Investment Advice and Responsibilities of Investors

By using the SerVC Services, you acknowledge that the content provided is not to be interpreted as investment, legal, tax, accounting, or financial advice, nor does it recommend any securities. SerVC is not a fiduciary by virtue of your use or access to the Websites.

As an investor, you bear the sole responsibility for conducting due diligence on your transactions, including legal, accounting, and anti-fraud inquiries. It is advisable to seek guidance from personal advisors before engaging in any investment and to ensure compliance with ongoing tax and legal obligations. Please be aware that investments are inherently risky, are not insured, and may lose value.

10. Disclaimer of Warranties for Website Content

SerVC offers the Services and Content on the Websites on an "as is," "where is," and "as available" basis. While we strive to keep the information accurate and up to date, SerVC does not guarantee the absence of errors, omissions, or inaccuracies in any Content, nor do we undertake an obligation to correct or update any information. SerVC may alter or remove Content at any time without notice.

Neither SerVC nor any third-party content provider makes any warranty, express or implied, concerning the Content provided, including its accuracy, completeness, timeliness, or reliability. We expressly disclaim any warranties of uninterrupted or error-free Content, as well as any implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose.

Your use of the Services and Content is at your sole risk, and you will be responsible for any consequences that may follow.

11. Limitation of Liability

To the fullest extent allowed by applicable law, SerVC and its related parties – including affiliates, subsidiaries, partners, service providers, officers, directors, and employees ("SerVC Parties") – are not liable for any kind of damages or costs that you or others might incur in relation to these Terms of Use or from the use of (or inability to use) the Content or the Services. This includes any direct, indirect, incidental, consequential, or punitive damages, including but not limited to lost profits, trading losses, or any inconvenience or delays.

This protection covers all potential claims, no matter how they are styled or on what legal grounds they are based – whether contract, warranty, strict liability, or tort (including negligence). It applies even if SerVC Parties are aware of the possibility of such damages and regardless of whether the cause of action is beyond the control of SerVC or any provider of software or services.

Additionally, SerVC Parties assume no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Websites, including but not limited to damages due to viruses, equipment or communication line failures, unauthorized access, theft, operator errors, or any other similar issue, including unavoidable events like natural disasters or other force majeure events.

12. Prohibited Activities on the Websites

Users are obligated to refrain from the following prohibited activities:

  1. Individuals under the age of 18 are not permitted to access the Websites.
  2. Accessing the Websites through automated processes, such as bots or scripts, is forbidden.
  3. The Websites’ content and proprietary material may not be copied, reproduced, or otherwise used in violation of intellectual property laws.
  4. Attempting to reverse engineer, decompile, or disassemble the Websites’ source code is prohibited.
  5. The Content may not be modified, adapted, or exploited without express written permission from SerVC.
  6. Introducing viruses or harmful computer code that disrupts the Websites’ functionality is strictly prohibited.
  7. Unauthorized attempts to access SerVC's computer network or user accounts are not allowed.
  8. Trademark, copyright, or any intellectual property notices must not be removed or altered.
  9. The transmission or posting of unlawful, false, or inaccurate content is not acceptable.
  10. Impersonating any person or entity, or falsely misrepresenting your affiliation, is not allowed.
  11. Interfering with or disrupting the Websites’ operations is against the rules.
  12. Security measures and authentication protocols of the Websites must not be breached.
  13. Misrepresenting the Content or misleading others about the ownership of the Websites and their Content is prohibited.

Violations of these terms could lead to civil and criminal penalties.

13. User Content Commitments

By providing User Content to the Websites, you confirm adherence to these key commitments:

  1. Accountability: You accept full responsibility for your User Content and any associated legal implications. Permissions from any third parties depicted or mentioned in your content are obtained by you.
  2. Ownership and Permission: You assert that the User Content is your original work or that you have secured all necessary rights from any third parties involved. There is no infringement on trademarks or copyrights, and you avoid misrepresenting any affiliations.
  3. Legal Compliance: You ensure that your User Content adheres to all applicable international, federal, state, and local laws, particularly in matters concerning securities and investments.
  4. Truthfulness: Your User Content is genuine and truthful, avoiding any impersonation or fraudulent activity, and does not include sensitive personal data.
  5. Feedback Provision: Feedback you provide is considered part of your User Content, given without expectation of confidentiality or compensation.
  6. Proper Authorization: You hold all necessary rights to grant the licenses for your User Content, and your submissions are in full compliance with legal and third-party rights.
  7. Policy Alignment: Your User Content is in line with acceptable use policy, avoiding content that could be considered illegal, offensive, or invasive of others' rights.
  8. Non-Commercial Nature: Your User Content remains free of commercial intent, not serving as a conduit for advertising or solicitation.

Your engagement with the Services signifies a commitment to these standards, and SerVC trusts in your confirmation of compliance with all relevant legal requirements.

14. Commitment to Indemnify

As a user of these Websites, you consent to safeguard SerVC, along with its executives, staff, representatives, successors, and authorized successors, from any legal action, claim, or demand, including reasonable legal fees, that may arise from your use of the Services or your breach of these Terms of Use. This indemnification obligation covers claims brought by third parties as a result of your actions or those of individuals affiliated with you, such as employees or agents, and applies to all forms of losses, liabilities, or costs incurred by SerVC.

15. Consent to Electronic Interactions and Signatures

By engaging with SerVC and utilizing our Services, you are consenting to conduct transactions and interactions electronically in accordance with the Electronic Signature Law, 5761-2001, and any other applicable Israeli regulations. Actions such as using the Websites, emailing, completing online forms, and signing documents electronically are deemed as your consent to use electronic signatures, which are legally recognized as equivalent to handwritten signatures in Israel.

You affirm that your electronic actions on the Websites, such as clicks or selections, constitute your electronic signature and indicate your agreement to these Terms of Use, with the same validity as a manual signature. You also declare that you have the authority to enter into this Agreement on behalf of all parties with rights to access your accounts.

Your consent to electronic communications includes all forms, agreements, disclosures, and other documents provided on the Websites or via email. You acknowledge that electronic delivery of all communications meets any legal obligation for written documentation.

SerVC will communicate with you electronically for notices, changes to the Terms, or other business purposes. It is your obligation to keep your contact details current to ensure the receipt of these communications. Should you choose to withdraw your consent to electronic communications, SerVC may provide alternative methods, potentially subject to fees.

Upon request, you may obtain a hard copy of electronic communications, for which SerVC may charge a reasonable fee. To engage with the Services effectively and retain necessary communications, you will require a valid email, a compatible device with internet access, suitable browser software, and the means to store or print documents.

You bear the responsibility for installing, maintaining, and operating your computer, software, and any other equipment necessary for this purpose. Ensure your systems are up-to-date to fully experience the functionality of the Websites and Services.

16. Governing Law and Dispute Resolution

Law Governing the Terms: The Terms of Use are subject to the laws of Israel. Any legal interpretations or disputes will adhere to Israeli law, without regard to conflicts of laws principles.

Mandatory Arbitration: Any disputes emerging under these Terms will be settled through binding arbitration in Israel, according to mutually agreed-upon rules. The arbitration will occur before a single arbitrator chosen by both parties.

17. Third Party Beneficiaries

Where content is provided or contributed by third-party providers, these entities are recognized as beneficiaries for the applicable sections of these Terms.

18. Assignment Restrictions

Your rights and obligations under these Terms cannot be transferred, subcontracted, or delegated to another party without explicit written permission from SerVC. Attempts to assign without such consent will be considered void.

19. Severability

In the event any provision of these Terms is deemed unenforceable by a court of competent jurisdiction, such provision will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable, while the remaining provisions will remain in full effect.

20. Entire Agreement

These Terms, along with all Service Agreements and any relevant Supplemental Agreements, represent the whole agreement between you and SerVC regarding your access to and use of the Websites and their Content

21. Miscellaneous Provisions

You must commence any legal action you wish to take with respect to the Websites or their Content within 3 months after the cause of action arises. The rights and remedies provided in these Terms are cumulative and add to any other rights and remedies available under law or equity.

22. Waiver

Neither party's failure or delay in exercising any right, power, or privilege under these Terms will serve as a waiver thereof, nor will any single or partial exercise preclude any other or further exercise of any right, power, or privilege.

23. Amendments to Terms and Service Agreements

SerVC may modify these Terms and any Service Agreements at any time without prior notice. The current version of the Terms can be examined anytime by clicking on the “Terms of Use” hyperlink located at the bottom of our Websites. Continued use of the Services after any such changes implies your consent to such changes.

24. Privacy Commitment

SerVC upholds the confidentiality of your information. You can review our Privacy Policy at https://orcainc.com/privacy-policy.

25. Accessibility Commitment

SerVC strives to make our Websites accessible to the broadest possible audience, regardless of technology or physical capability. We continuously work towards enhancing the accessibility and usability of our Services, aligning with relevant standards and guidelines.

26. Contact Information

Should you have any questions regarding these Terms or if you need to address a complaint about the Services, please reach out to us at support@orcainc.com.