Hidy 

(collectively, the “Company”, “we”, “our”) welcomes you (“User(s)” or “you”) to our mobile messaging application (the “App”). The App is designed to provide instant messaging services to users who have completed the registration process, as detailed below (the “Services”, as further defined below).

1. Acceptance of the Terms
By entering, connecting to, accessing installing and/or downloading the App into your mobile device, or using the App, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy [please insert link to the Privacy Policy] (“Privacy Policy and collectively with these terms, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the App and you acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT, ACCESS OR USE THE APP AND/OR THE SERVICES IN ANY MANNER, DO NOT INSTALL THE APP AND/OR PROMPTLY UNINSTALL THE APP FROM YOUR MOBILE DEVICE.
The App is available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law or have received the required consent from their legal guardian to enter into these Terms. Please note that the App is intended solely for personal use. Therefore, you hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the App in accordance with these Terms, and to fully perform your obligations hereunder.

2. The App and the Services
The App provides an End-to-end (E2EE) encrypted instant messaging platform, which allows Users to communicate with one another, including without limitation by way of conversing in virtual rooms (by use of customized avatars), sending text messages, audio, images and videos and sharing personal status and other content. All information, data and content uploaded or otherwise communicated by Users via the App, including without limitation all correspondences and files uploaded to the App, shall be referred to hereinafter, collectively, as the “User Content”.
Important notes:
1. All User Content is stored locally on the device on which you have installed and operate the App, and is not stored on our servers (please note that the User Content and other metadata derived from the services may be processed on our server for a short period, as necessary for the provision of the Services, however it is not stored on our servers and is instantaneously deleted upon the completion of the processing necessary to deliver the User Content to its designated recipient). As such, the Company has no access to, nor control over, such User Content and, where applicable, you are fully and solely responsible for maintaining backup copies of any User Content that you either send or receive via the App. For the avoidance of doubt, any loss or damages to the device on which you installed and use the App may cause the loss of any User Content stored on such device, and you hereby agree and acknowledge that we have no responsibility nor capability for restoring such of User Content and release and discharge the Company from any liability for any loss or damage to any User Content.
2. In order to provide the Service, split parts of User Content and other metadata may be temporarily stored, in encrypted and decentralized form, on Users’ devices, namely that any User device may temporarily store, at any time, parts of other Users’ User Content and metadata, in a form which does not enable the restoration of any User Content or the identification of any data, including personal data, included in such split parts of User Content and/or metadata.
Please note that you cannot access any other Users’ User Content or metadata stored on your device and that any access to such other Users’ User Content or metadata or attempt to circumvent the security measures put in place to prevent access thereto, shall constitute a material breach of these Terms.
By installing the App and using the Services, you authorize the Company to store such split and encrypted User Content and other metadata on the device on which you installed the App, for the sole purpose of operating the Services, as detailed herein (including that when the receiving User is offline, all User Content sent during such period to the receiving User will be stored on other Users’ devices in such manner). Furthermore, you hereby acknowledge and agree that the storing of User content on your device, as detailed above, may result in the consumption of available storage space on your device and bandwidth from your mobile Internet plan, including use of such bandwidth in the background and/or when the App is not in use.
3. In order to access and use the App and the Service, you will be provided with a unique Key (as such term is defined below). You hereby agree and acknowledge, that to the extent that you lose the Key, or if the Key is corrupted in any manner, such Key cannot be restored. As such, maintaining the confidentiality and integrity of such Key is entirely at your sole responsibility. You hereby agree and acknowledge that we have no responsibility nor capability for restoring such Key and that any loss or corruption of the Key will result in your inability to access your Account (as defined below) in the App and loss of access to any User Content, including all communications and records, that you may store on your device through App. As such, it is your responsibility to create backup copies of any User Content (where relevant) and you hereby release and discharge the Company from any liability for any loss or damage that you may incur as a result of any loss or corruption of the Key assigned to you.
The Company may, but is no obligated to, offer Users with services that include the storage of partial information which forms the Key, solely in order to assist the User in restoring loss or corrupt Keys. However, such storage services will not enable full restoration of Keys, under any circumstances, and the disclaimers in this Section shall remain in full effect, even where the Company has stored some of the Key on your behalf. For more information, please see Section 3 below.
4. We may, at our sole discretion, create limits on the use of the Services, including without limitation, restrictions on the number of messages and User Content exchanged through the App, the number of recipients of such communications, the size and storage space available for Users to upload User Content, etc.
5. The App may include the sending of push-notifications alerts to the device on which you installed the App. Please note that in order to receive push notifications, you may be required to provide certain permissions via the operating system of your device, which may include the exchange and retention of certain “tokens” or tokenized information (such as Google’s Firebase Cloud Messaging (FCM) platform) received by us from the providers of such operating systems. Such “tokens” shall be retained by us solely for the purpose of associating the device on which you have installed the App with the Services and to send you push notifications of communications sent to you from other Users of the App and Service notifications. Please note that such tokens do not enable us to identify you, or any personal information related to you. You can deactivate certain push-notifications at any time by changing the notification settings on your device, however if you disable push-notification, you may not be able to receive notification upon the receipt of communications via the App.
6. Please note that if you log-out of your Account (as defined below) in the App, your User Content (either sent, received or otherwise processed by you through the App) will be permanently deleted and will no longer be available, even if you re-login to your Account using the same Key. As such, you are solely responsible for creating and maintaining backup copies of all User Content, at your sole expense. The Company takes no responsibility and assumes no liability for any lost data or User Content.
The App may include other content related thereto, such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the App (collectively, the “Content”).
(collectively, the “Services”).

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE APP ARE RESERVED TO THE COMPANY OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE APP, THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP AND/OR THE CONTENT AND/OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN CONNECTION WITH THE SERVICES.
ALL USER CONTENT, INCLUDING, BUT NOT LIMITED TO, TEXT MESSAGES, AUDIO, IMAGES, VIDEOS, IS NOT VERIFIED OR RELATED IN ANY MANNER TO THE COMPANY AND DOES NOT BIND US IN ANY FORM.
THE COMPANY ENCOURAGES USERS TO TREAT EACH OTHER WITH RESPECT, AND TO UNDERSTAND THAT USERS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS VIA THE APP. THE COMPANY DOES NOT CONTROL, AND IS NOT RESPONSIBLE FOR, THE WAY USERS USE THE SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR ANY, OFFLINE AND/OR ONLINE, ACTION OR INTERACTIONS OF THE USERS OR OTHER THIRD PARTIES. PLEASE USE YOUR BEST JUDGMENT AND KEEP SAFETY IN MIND WHEN YOU USE THE APP.
THE APP IS NOT DESIGNATED FOR ANY KIND OF EMERGENCY CALLS, INCLUDING BUT NOT LIMITED TO, LAW ENFORCEMENT AGENCIES, HOSPITALS, FIRE BRIGADE OR ANY OTHER EMERGENCY SERVICES.
YOUR USE OF THE APP AND SERVICES IS ENTIRELY AT YOUR OWN RISK.

Note: You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site and/or App, according to the applicable rates charged by your respective third-party Internet and data usage service provider as may be from time to time.

1. Registration and User Account
The App shall be available only to registered Users who have completed the registration process and have created an account via the App (the “Account”), all as further detailed in the Privacy Policy. The Company will issue the User a private key which consists of twelve segments (the “Key”), and which serves as the sole manner for accessing your Account. After the registration process you will be required to insert this Key every time you are logging in to the App.
The Company may, but is no obligated to, offer Users with services that may include the storage of partial information which forms the Key (however, such services will not enable full restoration of Keys and are intended for convenience only). You agree and acknowledge that you cannot and will not rely on such storage service for retention of the Keys assigned to you.
In order to protect the security of the information (including any User Data) available on your Account (including business related information), to the greatest extent possible, you must safeguard and not disclose the Key, and you must supervise the use of such Account.
IMPORTANT NOTE: THE KEY PROVIDED TO YOU IN ORDER TO USE THE APP IS UNIQUE AND MUST BE SAFEGUARDED BY YOU APPROPRIATELY. YOU HEREBY AGREE AND ACKNOWLEDGE THAT IN THE EVENT OF ANY LOSS OR CORRUPTION OF THE KEY, THE KEY CANNOT BE RESTORED, BY THE COMPANY OR OTHERWISE, AND AS A RESULT YOU MAY PERMANENTLY LOSE ACCESS TO YOUR ACCOUNT AND ANY DATA (INCLUDING USER CONTENT) ASSOCIATED THEREWITH, INCLUDING SUCH DATA THAT IS STORED ON YOUR DEVICE. IN ADDITION, PLEASE NOTE THAT ANY PERSON WITH ACCESS TO YOUR KEY MAY ACCESS YOUR ACCOUNT AND THAT IN SUCH CASE, THE KEY CANNOT BE MODIFIED OR CHANGED IN ORDER TO SAFEGUARD YOUR ACCOUNT (AND ANY BLOCKING OF SUCH KEY WOULD AUTOMATICALLY TERMINATE THE ACCOUNT). AS SUCH, IT IS YOUR SOLE RESPONSIBILITY TO SAFEGUARD THE KEY AND TO ENSURE ITS CONFIDENTIALITY. YOU HEREBY RELEASE AND DISCHARGE THE COMPANY OF ANY LIABILITY RESULTING FROM LOSS OR CORRUPTION OF THE KEY TO YOUR ACCOUNT AND WAIVE ANY RIGHT FOR ANY CLAIM AGAINST THE COMPANY IN THIS REGARD.
TERMINATING YOUR ACCOUNT WILL CAUSE THE LOSS OF ALL USER CONTENT AND THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS. PLEASE NOTE THAT EVEN IF YOU UNINSTALL THE APP, CEASE USE OF THE SERVICES OR TERMINATE YOUR ACCOUNT, ANY USER CONTENT THAT MAY BE STORED ON OTHER USERS’ DEVICES WILL NOT BE AFFECTED.
You must notify us immediately of any unauthorized use of your Account, loss of your Key, or any other breach of security concerning your Account. We cannot and will not be liable for any loss or damage arising from any failure of User to comply with the Terms, i.e., if someone else accesses your Account through a Key obtained from you or through a violation by you of these Terms, or for any unauthorized use of your Account.
2. Use Restrictions
There are certain conducts which are strictly prohibited when using the App. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at the Company’s sole discretion) in the termination of your use of the App and/or Content and/or the Service and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by the Company, you may not (and you may not permit anyone to): (a) use the App and/or the Services for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the App and/or the Services for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the App and/or the Services any restrictions and signs indicating proprietary rights of the Company or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the App and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the App or the servers or networks that host the App, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the App and/or the Service; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our App infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the App; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content and/or the Services made accessible by the Company on or through the App, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Company’s proprietary rights, including the Company’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content and/or the Services on any other site or networked computer environment for any purpose without the Company’s prior written consent; (l) create a browser or border environment around the Company’s Content and/or the Services (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the App and/or the Content and/or the Services; (n) frame or mirror any part of the App and/or the Services without the Company’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content and/or the Services from the App; (p) transmit or otherwise make available in connection with the App any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the App and/or the Services for any purpose for which the App and/or the Services are not intended; and/or (r) infringe and/or violate any of the Terms.
3. Consideration
The App and Service are currently provided free-of-charge. The Company reserves the right to charge fees for use of the App and Services, at any time in the future, at its sole discretion, provided that it notifies you in advance.
4. User Content
User Content may be processed by the Company, on the Company’s or its service providers’ servers, in order to provide the Services, namely, to communicate the User Content, including all relevant communications, between Users. However, the User Content is not stored by the Company and is not visible to the Company, as it is encrypted As such, the Company cannot moderate, monitor or control the User Content. As such, if you believe that your work has been copied in a way that constitutes copyright infringement, or if you believe that the User Content infringes any other right, you must approach the relevant User and seek the removal of such content. For the avoidance of doubt, we cannot remove any content from the App and/or Services and we assume no liability for Users’ actions on the App.
You represent and warrant that you are the rightful owner of the User Content you upload to the Services or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the licensors of such User Content and that such User Content does not infringe any third party’s intellectual property rights, privacy rights or publicity rights.
You understand and agree that you are solely responsible for your User Content and the consequences of uploading such User Content to the App. The Company will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Content.

You expressly agree that the User Content will not include any unsolicited promotions, advertising, contests or raffles. You agree that you will not post or upload any User Content containing content which (i) is unlawful for you to possess, post or upload in the country in which you are resident, (ii) would be unlawful for the Company to use or possess in connection with the App, (iii) breaches the rights of third parties (including, without limitation any intellectual property rights), (iv) is defamatory, vulgar, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent, or promotes or induces illegal activity. The foregoing is by no means a comprehensive list and the Company reserves the right to add further clarifications as to which User Content may be considered as prohibited for the purposes of these Terms.
When you upload, post, publish or make available any User Content on the App, you grant to (i) Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use the User Content in order to provide the Services; and (ii) the recipient of the User Content a non-exclusive and royalty-free license to access and store your User Content through the App and to use such User Content solely for personal and non-commercial purposes.
THE COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT CREATED, UPLOADED, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY THIRD PARTY, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS THE COMPANY RESPONSIBLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD-PARTY MAY ENCOUNTER.
The Company may create limits on the use of the Services including limitation on size and storage space available for Users to upload User Content.
1. Minors
The App is intended for Users over the age of thirteen (16). We reserve the right to request proof of age at any stage so that we can verify that minors under this age are not using the App. In the event that it comes to our knowledge that a person under the age of thirteen (16) is using the App, we may prohibit and block such User from accessing the App.
2. Privacy Policy
We respect your privacy and are committed to protecting the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the App. Our policy and practices and the type of information collected are described in detail in our Privacy Policy at [please insert link to the Privacy Policy] which is incorporated herein by reference. You agree that the Company may use and process Personal Information that you provide or make available to it in accordance with the Privacy Policy. IF YOU INTEND TO ACCESS OR USE THE APP OR THE SERVICES, YOU MUST FIRST READ AND AGREE TO THE PRIVACY POLICY.
3. Intellectual Property Rights
The App, the Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
The Terms do not convey to you an interest in or to the Company’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
Subject to the terms hereof, the Company hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable and fully revocable limited license to use the App (including the Content) in accordance with the terms included in these Terms.
To the extent you provide any feedbacks, comments or suggestions to us (“Feedback”), we shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of the Company’s current or future services, products or technologies and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require the Company to comply with any additional obligations with respect to any or our current or future products, technologies or services that incorporate any Feedback.
4. Trademarks and Trade names
The Company’s marks and logos and all other proprietary identifiers used by the Company in connection with the App (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the App belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
5. Special provisions relating to Third Party Components
The App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with, the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. You acknowledge that we make no warranties or representations, express or implied, with respect to such Third Party Components. Under no circumstances shall the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.
6. Usage Rules
Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider”), your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Certain Usage Rules are described below, but other Usage Rules may Apply, and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
Apple Inc.
The following applies to you if you downloaded the App from the Apple App Store (“Licensed Application“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and the Company, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to the Company as provider of the App.
The Company and you acknowledge that the Company, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use thereof infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
Please note that the Services offered via the App are operated and provided via web configuration.
1. Availability
The App’s availability and functionality depend on various factors, such as communication networks. The Company does not warrant or guarantee that the App will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
2. Changes to the App, the Services and Updates
We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Services and this App (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, this App or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
If the Company supplies to you any updates, upgrades and any new versions of the App (“Updates“) according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates. For clarity, The Company has no obligation to provide Updates.
3. Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP, THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND THE COMPANY, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “COMPANY’S REPRESENTATIVES”), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE APP ARE RESERVED TO THE COMPANY OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE APP, THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP AND/OR THE CONTENT AND/OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN CONNECTION WITH THE SERVICES.
THE COMPANY CLARIFIES THAT IT IS NOT OBLIGATED TO PROVIDE THE SERVICES TO ANY PARTY AND IS NOT OBLIGATED TO APPROVE APPLICATIONS FOR THE SERVICES AT ANY STAGE, EVEN FOR EXISTING USERS, FOR ANY REASON ALL SUBJECT TO APPLICABLE LAW.
THE USER ACKNOWLEDGE THAT AS PART OF THE SERVICES, YOU MAY BE EXPOSED TO USER CONTENT FROM DIFFERENT SOURCES, WHICH MAY BE INACCURATE, OFFENSIVE OR INDECENT.
ALL USER CONTENT, INCLUDING, BUT NOT LIMITED TO, TEXT MESSAGES, AUDIO, IMAGES, VIDEOS, IS NOT VERIFIED OR RELATED IN ANY MANNER TO THE COMAPNY AND DOES NOT BIND US IN ANY FORM.
WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS, COST OR EXPENSE INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF OUR APP AND OR THE SERVICES.
THE APP IS NOT DESIGNATED FOR ANY KIND OF EMERGENCY CALLS, INCLUDING BUT NOT LIMITED TO, LAW ENFORCEMENT AGENCIES, HOSPITALS, FIRE BRIGADE OR ANY OTHER EMERGENCY SERVICES.
YOUR USE OF THE FOREGOING IS ENTIRELY AT YOUR OWN RISK.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE APP AND/OR THE SERVICES WILL BE SECURE, SAFE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE APP, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APP AND/OR THE SERVICES AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE APP (INCLUDING THAT THE RESULTS OF USING THE APP AND/OR SERVICE WILL MEET YOUR REQUIREMENTS, EXPECTATIONS OR BE FREE FROM MISTAKES AND/OR WILL BE EFFECTIVE, ACCURATE OR RELIABLE). THE COMPANY AND THE COMPANY’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APP AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE APP, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE APP, INCLUDING WITHOUT LIMITATION, THE SERVICES.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
4. Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE COMPANY, INCLUDING THE COMPANY’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE AND/OR THE CONTENT AND/OR THE SERVICES, YOUR USE OR INABILITY TO USE THE APP AND/OR THE CONTENT AND/OR THE SERVICE AND/OR THE FAILURE OF THE APP TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF THE COMPANY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF THE COMPANY OR THE COMPANY’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY OR THE COMPANY’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE COMPANY AND THE COMPANY’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP AND/OR THE SERVICES AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE OCCURRENCE OF ANY SUCH DAMAGE AND/OR LOSS, IF ANY, OR THE AMOUNT OF $US5.00, WHICHEVER IS GREATER. YOU WILL NOT, AND HEREBY WAIVE ANY RIGHT TO SEEK, TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM THE COMPANY’S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
5. Indemnification
You agree to defend, indemnify and hold harmless the Company, including the Company’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the App and/or Content and/or the Services; (ii) your violation of any of these Terms or applicable law; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the App and/or Content and/or the Services; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the App and/or Content and/or the Services. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
6. Export Control
You agree to comply with all applicable import, export, and re-export control laws and restrictions, including but not limited to those of the European Union and its member states, the U.S. Department of Commerce Export Administration Regulations (“EAR”) and economic sanctions maintained by the U.S. Office of Foreign Assets Control (“OFAC”), the state of Israel, and the International Traffic in Arms Regulations (“ITAR”), and will not use the services to cause a violation of such laws or regulations. Further, you represent and warrant that you are not located in any government list of prohibited or restricted parties, or otherwise subject to equivalent restrictions, as specified in the laws and regulations listed above or in your country’s laws. You may not download or use the App and/or the Services if you are located in a country or region subject to U.S., E.U. or Israel government embargo (including Cuba, Iran, Lebanon, Syria, and Russia) unless that use is authorized by the United States and other relevant authorities.
7. Amendments to the Terms
The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the App regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our App. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
8. Termination of these Terms and the Termination of the App’s operation
At any time, the Company may without notice discontinue your use of the App and/or the Services, at its sole discretion, in addition to any other remedies that may be available to the Company under any applicable law.
Additionally, the Company may at any time, at its sole discretion, cease the operation of the App and/or the Services or any part thereof, temporarily or permanently, delete any information, Content from the App or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of the App’s and or the Services’ operation and loss of any data. The provisions of these Terms, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
9. General
(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the App or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the App will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, the Company may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by the Company, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
10. For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to [please insert link].