Terms of Service

1. Acceptance of Terms

By accessing or using the MARKABLE platform, website, or any associated services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and MARKABLE Ltd. ("MARKABLE," "we," "us," or "our").

2. Service Description

MARKABLE is a general wellness monitoring platform that provides hormonal wellness insights through three channels:

• Facial Analysis: Computer vision algorithms analyze facial photographs to derive numerical wellness indicators.
• Cognitive Testing: Brief cognitive exercises measure performance across domains such as reaction time, memory, and attention.
• Symptom Tracking: Self-reported symptom data across multiple wellness domains is collected and tracked over time.

3. Eligibility

You must be at least 18 years old to use the Service. By using MARKABLE, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

4. Your Account

• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activities that occur under your account.
• You agree to provide accurate, current, and complete information during registration.
• You must notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that violate these Terms.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Submit photographs of other people without their consent
• Attempt to reverse-engineer, decompile, or extract our algorithms or models
• Use automated systems (bots, scrapers) to access the Service
• Misrepresent MARKABLE outputs as medical diagnoses or clinical results
• Share your account credentials with others
• Interfere with or disrupt the Service or its underlying infrastructure
• Use the Service to collect data about other users without authorization

6. Wellness Disclaimer

You acknowledge and agree that:

• MARKABLE is not a medical device under any jurisdiction's regulatory framework.
• MARKABLE outputs are wellness indicators, not diagnoses. They do not constitute medical advice, diagnosis, or treatment recommendations.
• MARKABLE does not replace professional medical consultation, examination, or testing (including blood tests, imaging, or other clinical assessments).
• You should never delay seeking medical advice, disregard medical advice, or discontinue treatment because of information provided by MARKABLE.
• Wellness indicators may vary based on factors including lighting, camera quality, time of day, and self-reporting accuracy. They should be interpreted as general trends, not precise measurements.
• In case of a medical emergency, you should contact your local emergency services immediately.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including all software, algorithms, models, designs, text, graphics, interfaces, and the MARKABLE name and logo, are owned by MARKABLE Ltd. and protected by intellectual property laws. Patent pending. All rights reserved.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial wellness monitoring purposes, subject to these Terms.

7.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant MARKABLE a worldwide, royalty-free, perpetual, irrevocable license to use, modify, and incorporate such feedback without obligation to you.

8. Your Data

8.1 Ownership

You retain ownership of the personal data you provide to MARKABLE, including your photographs, symptom reports, and cognitive performance data. By using the Service, you grant us a limited license to process this data solely for the purpose of providing the Service to you.

8.2 Data Handling

Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.3 De-identified Data

We may create de-identified, aggregated data from your usage that cannot reasonably be used to identify you. Such de-identified data is not subject to the ownership provisions above and may be used by MARKABLE for research, product improvement, and other business purposes.

8.4 Data Portability

You may request a copy of your personal data in a machine-readable format at any time by contacting us. We will fulfill such requests within 30 days.

9. For Healthcare Providers

If you are a healthcare provider using MARKABLE reports as part of patient intake:

• MARKABLE reports are supplementary wellness information, comparable to a patient questionnaire. They are not clinical diagnostic tools.
• You are solely responsible for clinical decisions made in relation to your patients.
• MARKABLE does not establish a doctor-patient relationship between you and MARKABLE, or between MARKABLE and your patients.
• You agree to use MARKABLE reports as one input among many in your clinical assessment and not as a sole basis for clinical action.
• Provider access to patient reports requires patient consent.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory.
• We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that the Service will be uninterrupted, error-free, or that wellness indicators will be accurate, complete, or reliable for any particular purpose.
• MARKABLE, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the Service.
• Our total aggregate liability for any claims arising from these Terms or your use of the Service shall not exceed the amount you have paid to MARKABLE in the twelve (12) months preceding the claim, or $100, whichever is greater.

11. Indemnification

You agree to indemnify and hold harmless MARKABLE Ltd. and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of another party.

12. Termination

12.1 By You

You may terminate your account at any time by contacting us at revital@markable.life. Upon termination, we will delete your personal data within 30 days, except where retention is required by law.

12.2 By MARKABLE

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Grounds for termination include, but are not limited to, violation of these Terms, fraudulent activity, or extended inactivity.

12.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections 6 (Wellness Disclaimer), 7 (Intellectual Property), 10 (Limitation of Liability), 11 (Indemnification), 14 (Governing Law), and 15 (Dispute Resolution) survive termination.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through a prominent notice in the Service at least 30 days before taking effect. Your continued use of the Service after the effective date of revised Terms constitutes acceptance. If you disagree with the changes, you must stop using the Service and terminate your account.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to conflict of law principles. For users in the European Union, nothing in these Terms affects your rights under mandatory consumer protection laws of your country of residence.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at revital@markable.life and attempt to resolve the dispute informally for at least 30 days.

15.2 Arbitration

If informal resolution fails, any dispute arising from these Terms shall be resolved by binding arbitration in Tel Aviv, Israel, under the rules of the Israeli Arbitration Act. The arbitration shall be conducted in English.

15.3 Exceptions

Nothing in this section prevents either party from seeking injunctive or equitable relief in court for intellectual property infringement or unauthorized data access. EU consumers retain the right to bring claims in their local courts.

16. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and MARKABLE regarding the Service.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign your rights under these Terms. MARKABLE may assign its rights and obligations without restriction.
• Force Majeure: MARKABLE is not liable for failure to perform obligations due to circumstances beyond our reasonable control.

17. Contact

For questions about these Terms of Service, please contact us:

MARKABLE Ltd.
Email: revital@markable.life
Website: markable.life