Last Revised: November 30, 2020

This Terms of Use ("Terms of Use") explains how you (the "User(s)" or "you") can use the Drupe mobile application (the "App") and our website available at: https://www.getdrupe.com/ (the "Site" and collectively with the App, the "Services"), provided to you by Sync.Me Ltd. (the "Company", "Drupe", "we", "our" or "us") – so please read this Terms of Use carefully before you get started, as you may use the App solely in accordance with the terms and conditions hereunder.

By installing, accessing or otherwise using the Services you acknowledge and warrant that you hereby consent to be legally bound by these Terms of Use. If you do not agree to any of the terms included in these Terms of Use, you may not access or use the Services (or any part thereof). If certain features of our Services are subject to additional terms, provisions or guidelines, they are incorporated herein by reference.

You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

Notwithstanding anything to the contrary, to the extent that consumer protection or local laws or regulations grant you mandatory or statutory rights, these Terms of Use shall only limit such rights to the maximum extent permitted by such laws or regulations.

1. THE APP

1.1. The App is aimed to make all your mobile interactions smart by putting people in the center of the experience. Using this App, your friends are just one swipe away, and the interaction becomes quick, intuitive, unified and accessible from anywhere, no matter in which context you are (home screen, lock screen or third party application).

1.2. As you start to swipe the contact you wish to interact with, the App will show the preferred applications to interact with that specific contact, based on the applications already installed on your device, and on various other inputs such as the previous methods you used to interact with such contact, such contact's availability to you via such applications, and other manual configurations by such contact. Accordingly, this may cause your and each User's experience to differ according to the applications installed and/or running on the respective User's device, and such User's interactions initiated via the App.

1.3. Certain options and features in the App are provided to you free-of-charge, while other options and features are available only when purchasing the Pro-Version of the App. In addition, the Pro-Version is free of ads. You can find descriptions and explanations of the options and features available to you only on the Pro-Version on the Services, and please note that the different features and the pricing may be changed from time to time at Company's sole discretion.

1.4. Special Features: The App may provide additional and special features, including, without limitation the following ones. For avoidance of doubt, the Company is not liable in case of discontinue of any specific feature.

· The Caller Identification Functionality: The App may offer, depending on your territory and your operating system, a caller identification functionality feature that automatically identifies unknown and unsaved numbers and blocks spam calls (the "Caller Identification Functionality"). The Caller Identification Functionality identifies information and name related to a telephone number, regardless of such number being saved into the User's phone as an identified contact. Such information is based on statistical and algorithmic processing. For more information on this feature, please visit our Privacy Notice.

Users can also help us improve our Caller Identification Functionality by suggesting better name to a number, or mark it as spam, and by doing so helping other Users. However, other than the aggregate number of sources, we don't collect save, nor display, any information about the identity sources or network connection relating to your contacts (i.e. this means that once you provided your Contacts Information to the Company, we will not save the fact that any of these contacts have originated from you).

· The Recording Feature: The App may also offer, depending on your territory and your operating system, a recording feature that allows you to record calls and other telephone communications that you participate in with specific contacts (the "Recording Feature").

YOU WARRANT AND REPRESENT THAT PRIOR TO THE USE OF THE RECORDING FEATURE ALL DISCLOSURES NECESSARY OR ADVISABLE UNDER APPLICABLE LAW HAVE BEEN MADE TO PARTICIPANTS OF SUCH RECORDED CALLS OR OTHER TELEPHONE COMMUNICATIONS WITH RESPECT TO THE USE OF THE RECORDING FEATURE, AND ALL CONSENTS AND APPROVALS FOR THE RECORDING AS NECESSARY OR ADVISABLE UNDER APPLICABLE LAW, HAVE BEEN OBTAINED. YOU AGREE TO INFORM ALL SPECIFIC CONTACTS PARTICIPATING IN YOUR USE OF THE RECORDING FEATURE THAT THEY ARE OBLIGATED TO COMPLY WITH ALL APPLICABLE LAWS RELATING TO THEIR USE OF THE RECORDING FEATURE.

PLEASE NOTE THAT THE AFOREMENTIONED NOTIFICATION AND CONSENT REQUIREMENTS MAY VARY FROM STATE TO STATE, AND COUNTRY TO COUNTRY. YOU REPRESENT, COVENANT, AND WARRANT THAT (I) YOU WILL REVIEW ALL APPLICABLE LAWS, AND TO THE EXTENT REQUIRED, OBTAIN SUCH NEEDED LEGAL COUNSEL BEFORE YOU USE OR ALLOW OTHERS TO USE THE RECORDING FEATURE; AND (II) YOUR USE OF THE RECORDING FEATURE DOES NOT BREACH OR INFRINGE ON THE RIGHTS OF ANY THIRD PARTY, INCLUDING THE RIGHT FOR PRIVACY. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ANY AND ALL APPLICABLE LAWS IN CONNECTION WITH YOUR USE OF THE RECORDING FEATURE.

To the maximum extent permitted by law, the Company expressly disclaims all liability with respect to your use of the Recording Feature. To the maximum extent permitted by law, you hereby release and agree to indemnify and hold the Company harmless from and against any and all claims, liabilities, losses, damages, fines, or penalties of any kind arising out of, or related to, your use of the Recording Feature, and/or arising out of, or related to, your violation or alleged violation of any laws or regulations applicable to the using the Recording Feature.

2. LICENSE

Subject to your full compliance with all of the provisions of these Terms of Use, the Company hereby grants you a non-exclusive, non-sub-licensable, non-assignable non-transferable, revocable license to use a compiled code copy of the Services account on one mobile device, owned, rented or leased solely by you, commencing on the date you first download and/or use the App to your device, and until the earlier of the following occurs: (i) you permanently remove the App from your device and irrevocably cease all use thereof, or (ii) the Company terminates the license granted herein because of your breach of these Terms of Use. You acknowledge that the Company may from time to time issue upgraded versions of its software, and may automatically upgrade the version of such software that you are using on your device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms of Use will apply to all such upgrades. You agree that, to the maximum extent permitted by law, the Company will not be liable to you for any such modifications. The foregoing license grant under these Terms of Use is not a sale of the Company's Services and/or the Company's software or any copy thereof and the Company or its third party licensors or partners retain all right, title, and interest in the Services (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. The Company reserves all rights not expressly granted under this Agreement. We are entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the Services or for any of the reasons for termination as mentioned below.

3. USE RESTRICTIONS

The Services is intended for your personal use, to make your mobile interactions smarter. However, there are certain conducts which are strictly prohibited when using the Services. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may result herein (at Company's sole discretion) in the termination of this Terms of Use and your right to access and use to the Services, and may also expose you to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf:

3.1. copy, modify, publicly display, perform, distribute, make publicly available, sublicense, create derivative works of, adapt, emulate, translate, combine with other software, reverse engineer, compile, decompile or disassemble the Services (or any part thereof) and/or any other material that is subject to Company's proprietary rights, including Company's Intellectual Property, and/or permit others to do so, unless as expressly permitted in the Terms of Use;

3.2. interfere with or violate any other User's and/or any of your mobile contact's and/or any other third party's right to privacy or other rights, or harvest or collect personally identifiable information about other users of the Services (or any of their mobile contacts) without their express and informed consent, including by using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;

3.3. defame, abuse, harass, stalk, threaten and/or violate in any way the legal rights of others;

3.4. use, refer to and/or display the Services (or any part thereof) on and/or with respect to any good or service, which in itself and/or which contains any information or content that may be considered as abusive, harassing, threatening, inciting hatred, encouraging or facilitating anti-social behavior, promoting illegal drugs, the tobacco industry or the armaments industry, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive and/or violating in any way the legal rights of others, and/or where presence of the Services or any reference to Company and/or the Services might be perceived as damaging to Company's reputation and goodwill or actually bring Company into disrepute;

3.5. use the Services, whether directly or indirectly, in order to transmit, distribute, display or otherwise make available any content which may infringe third party rights, including Intellectual Property (as such term is defined below) rights and privacy rights, or which may contain any unlawful content;

3.6. circumvent, disable or otherwise interfere with security-related features of the Services or any part thereof or features that prevent or restrict use or copying of any Intellectual Property or that enforce limitations on use of the Services or any part thereof;

3.7. make the Services available over a network where it could be used by multiple devices owned or operated by different people at the same time;

3.8. impersonate any person or entity or provide false information on, through or in connection with the Services, whether directly or indirectly, and/or falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Company or any third party endorses you, your business, or any statement or use you make;

3.9. transmit or otherwise make available in connection with the Services, and/or directly or indirectly use the Services to distribute and/or otherwise transmit 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;

3.10. interfere with or disrupt the operation of the App, or the servers or networks that host the Services or make the Services available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

3.11. sell, license, or exploit for any commercial purposes any part, feature or use of the Services;

3.12. use the Services for and/or in connection with any form of spam, unsolicited mail, harassment, wire fraud or similar conduct;

3.13. create a database by systematically downloading, collecting and/or storing all or any of the contents and data generated and/or made available via the Services or in connection thereto (collectively, "Data"), or forward any such Data without the prior written consent of the Company;

3.14. bypass any measures which may be used to prevent or restrict access to the Services and/or certain functionalities therein and/or any Data;

3.15. use the Services or Data for any illegal, immoral or unauthorized purpose;

3.16. Remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Services;

3.17. use the Services and/or Data for non-personal or commercial purposes without Company's prior express written authorization; and/or

3.18. infringe or violate any of these Terms of Use or any applicable law.

4. PRIVACY NOTICE

We respect your privacy and are committed to protect the personal information you share with us in connection with the Services. Our policy and practices are described in our Privacy Notice available at our website https://www.getdrupe.com/.

5. MINORS.

You may use the Services only if you are at least sixteen (16) years old. If you are under the age of eighteen (18) or under the legal age to form a binding contract in the jurisdiction in which you are located, you may only use the Services under the supervision of a parent or legal guardian who has agreed to stand behind any action you take and/or agreement you enter into while using the Services, including these Terms of Use. We reserve the right to require you at any stage to provide proof of age, and, if applicable, approval of your use of the Services by your parent or legal guardian, so that we can verify that only eligible Users are using the Services. In the event that it comes to our knowledge that a person under the age of sixteen (16) is using the Services, we may prohibit and block such User from using the Services.

6. USER REPRESENTATIONS AND UNDERTAKINGS

Your use of the Services (or any part thereof) is dependent on the fact that, to the maximum extent permitted by law, you hereby represent, warrant and agree that:

6.1. The execution of the Terms of Use does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;

6.2. You will not infringe or violate any of the terms in the Terms of Use;

6.3. You possess the knowledge and judgment necessary to decide whether to use the Services or otherwise interact with other Users of the Services;

6.4. You are solely responsible for complying with applicable laws regarding use of the Services, or any other interaction you make through or in connection with the Services, including, without limitation, the determination when you provide contact information to the Services for the Company to share it with other Users of the Services;

6.5. You will not rely on Company and fully understand that we do not provide any endorsement, support, representation or guarantee regarding the accuracy, reliability, truthfulness, legality or completeness of any information or content that may be available to you in connection with the App, including any Third Party Services; and

6.6. Company cannot and does not guarantee any specific outcomes from any use and/or interactions with other Users and/or other Third Party Services through or in connection with App, and you hereby assume all risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by other Users and/or Third Party Services, charges applied by Third Party Services, breach of warranty and/or contract, violation of rights and any consequent claims.

6.7. If you provide us with personal information about someone else (as part of your Contact Information provided for the purpose of the Caller Identification Functionality, or otherwise), you confirm that they are aware that you have provided their data and that they consent (and continue to consent as long as you continue to provide this information to us) to our processing of their data for the purpose of providing the services.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. The Services, Company's proprietary software, algorithms and any and all intellectual property rights pertaining thereto, including, any inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, products, sounds, videos, designs (including the "look and feel" of the App and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, "Intellectual Property"), are owned by and/or licensed to Company, and are subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions.

7.2. These Terms of Use do not convey to you any interest in or to the App (or any part thereof), but only a limited license of use in accordance with the license granted hereunder. Nothing in these Terms of Use constitutes a waiver of Company's Intellectual Property rights under any law.

7.3. "Drupe" and all logos and other proprietary identifiers used by Company in connection with the App and/or Company ("Company Marks") are all trademarks and/or trade names of Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on or with respect to the App, including those used as links to Third Party Services, belong to their respective owners ("Third Party Marks"). No right, license, or interest to Company Marks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Company Marks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.

7.4. You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Company and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the App, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any Company Marks.

8. THIRD PARTY SERVICES

8.1. The App may enable access and/or include links to certain Third Party Services, including various mobile applications installed on the User's device. Such Third Party Services are not provided, endorsed, controlled or monitored by the Company, and the inclusion of any links or access to Third Party Services does not imply any endorsement by the Company of any such Third Party Services.

8.2. The Company shall not be responsible for the availability, usability or operability of any such Third Party Services, nor is responsible for the content, privacy maintenance, or any action taken by any third party or by any User through or in connection with any such Third Party Services.

8.3. When you choose to initiate and/or use Third Party Services through or in connection with the App, you do so at your own risk and under your own discretion. You hereby acknowledge that we shall not be responsible for any loss or damages of any sort relating to your use of any Third Party Services, and you hereby expressly waive any and all claims against the Company from any and all liabilities relating to any Third Party Services. We shall not be responsible for and make no representations and/or warranties, expressed or implied, as to Third Party Services, including but not limited to, any privacy practices thereof. These Terms of Use do not grant you with any right with respect to Third Party Services. Most Third Party Services provide legal documents, including, terms of use and privacy policy, governing the use of each such Third Party Services, their contents and services. We encourage you to read these legal documents carefully before using any such Third Party Services.

9. THIRD PARTY COMPONENTS

9.1. The App includes certain third party software, files and components that are subject to open source and third party license terms ("Third Party Components"), as listed under Exhibit A hereto ("Open Source Licenses"). 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, including those contained in their respective Open Source Licenses or related thereto. By accepting the terms and conditions of these Terms of Use, you also accept the terms and conditions of the Open Source Licenses. In the event of any inconsistencies or conflicting provisions between the licensing terms of the Open Source Licenses for each such Third Party Components and these Terms of Use, the licensing terms of the applicable Open Source Licenses shall prevail only in connection with the related Third Party Components. These Terms of Use do not apply to any Third Party Components accompanying or contained in the App, and Company disclaims all liability related thereto. You acknowledge that Company is not the author, owner or licensor of any Third Party Components, and that Company makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of 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.

9.2. In addition, certain Open Source Licenses include a copyright notices ("Notices"), which form an integral part of such licenses and must be included in the documentation of any future redistribution of any software or products that use, are derived from or are based on the respective Third Party Materials subject to such Open Source Licenses. The rights granted under these Terms of Use are subject to such copyright notices, to the extent that such notices appear in the Open Source Licenses.

9.3. The above statements are a general description of typical provisions contained in the Open Source Licenses. If you wish to receive more information related to this section, please send us an email to: [email protected].


10.USAGE RULES

10.1. Since you may download the App from a third party platform, service provider or distributor (e.g. the Google Play store) ("Platform Provider") your download and 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"). Please note that in such case, Usage Rules may apply, and it is your responsibility to determine which Usages Rules apply to your use of the App. You undertake to comply with all the applicable Platform Provider's Usage Rules. The terms of the Usage Rules may prevail any other Terms. 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.

10.2. You acknowledge and agree that Platform Provider has no responsibility for the App or content thereof, nor does it have any obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of an App downloaded from a Platform Provider to conform to any applicable warranty, you may notify the Platform Provider, and such Platform Provider may refund the purchase price for the App to you; to the maximum extent permitted by applicable law, Platform Provider will have no other warranty obligation whatsoever with respect to the App, 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 and any law applicable to Company as provider of the App. You acknowledge that the Platform Provider is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Company as provider of the App.

10.3. When downloading the App from the Apple, Inc. ("Apple") App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in these Terms of Use:

(i) You acknowledge and agree that:

a. These Terms of Use are concluded between the Company and you only, and not with Apple, and the Company and its licensors, and not Apple, are solely responsible for the App and the content thereof.

b. Your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into these Terms of Use.

c. the license granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;

d. the Company is solely responsible for providing any maintenance and support services with respect to the App, and Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;

e. The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company's sole responsibility;

f. the Company, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;

g. in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Apple shall not be responsible for the investigation defense, settlement and discharge of any such intellectual property infringement claim;

h. Apple, and its subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions 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.

(ii) You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties

(iii) If you have any questions, complaints, or claims regarding the Service, please contact the Company at:

Email: [email protected]

(iv) By entering into these Terms of Use, you, to the extent legally permitted, hereby waive any applicable law requiring that these Terms of Use be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time)

11. CONFIDENTIALITY

You may have access to certain non-public or proprietary information and materials of the Company, whether in tangible or intangible form ("Confidential Information"). You shall take commercially reasonable measures to protect the Company's Confidential Information within your possession or control, from misuse or disclosure to a third party. You shall use the Company's Confidential Information solely for the purposes of performing under these Terms of Use. In the event that you are required to disclose Confidential Information of the Company pursuant to any Law, regulation, or governmental or judicial order, you will (a) promptly notify the Company in writing of such Law, regulation or order, (b) reasonably cooperate with the Company in opposing such disclosure, (c) only disclose to the extent required by such Law, regulation or order (as the case may be).


12. EXPORT LAWS

You agree to comply fully with all applicable export laws and regulations to ensure that neither the Company's Services nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

13. CHANGES TO THE SERVICES

To the maximum extent permitted by law, the Company reserves the right to modify, correct, amend, enhance, improve, decide to provide for free or for fee, make any other changes to, impose limits on certain features, or discontinue, temporarily or permanently, the Services (or any part or functionality thereof) without notice, at any time, including based on the territory you are located in, your operating system or any other operational, technical or other reasons at its discretion. In addition, you hereby acknowledge that the functionalities included in the App may be changed, extended or reduced in terms of content and form or removed at any time without any notice to you. You agree that Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services (or any part or functionality thereof).

14. DISCLAIMER AND WARRANTIES

14.1 THE APP IS PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP OR OF ANY INFORMATION PROVIDED OR OTHERWISE DISSEMINATED IN CONNECTION WITH THE APP IS AT YOUR OWN RISK. THE COMPANY MAKES NO WARRANTY OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED IN CONNECTION WITH THE APP AND YOUR USE OF THE APP OR ANY INFORMATION PROVIDED OR OTHERWISE DISSEMINATED IN CONNECTION WITH THE APP (INCLUDING USER SUBMISSIONS), AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, COMPLETENESS, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES RESULTING FROM YOUR USE OF THE APP.

14.2 THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE SERVICES (OR ANY PART OR FUNCTIONALITY THEREOF).

14.3 WHILE USING THE APP, YOU MAY LAUNCH AND INITIATE USE OF VARIOUS THIRD PARTY SERVICES AND APPLICATIONS, SUCH AS FOR MAKING CALLS, SENDING MESSAGES, UPLOADING AND RECEIVING DATA (COLLECTIVELY, "THIRD PARTY SERVICES"). NOTE THAT USE OF SUCH THIRD PARTY SERVICES MAY BE SUBJECT TO ADDITIONAL CHARGES (FOR EXAMPLE, BY YOUR MOBILE NETWORK OPERATOR AND/OR THE THIRD PARTIES PROVIDING SUCH SERVICES). WE HIGHLY RECOMMEND THAT YOU CONSIDER OBTAINING UNLIMITED CALLING, MESSAGING AND DATA PLANS BEFORE USING ANY SUCH THIRD PARTY SERVICES. IN ANY EVENT, WE SHALL NOT BE LIABLE FOR ANY CHARGES OR OTHER DUTIES OR LIMITATIONS HOWEVER IMPOSED ON YOU BY THIRD PARTIES. FOR MORE INFORMATION REGARDING THE CHARGES APPLICABLE TO YOU (IF ANY), PLEASE CONTACT YOUR SERVICE PROVIDERS.

14.4 THE COMPANY AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, "COMPANY AFFILIATES"), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, FEATURE, FUNCTIONALITY, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER'S USE OF THE SERVICES.

14.5 COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY SERVICES LINKED TO, LAUNCHED AND/OR OTHERWISE REFERENCED OR MADE AVAILABLE THROUGH THE SERVICES, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY INTERACTION BETWEEN YOU AND ANY THIRD PARTY SERVICES.

14.6 THE COMPANY DOES NOT AND CANNOT WARRANT THAT THE OPERATION OF THE SERVICES IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, BUGS, SECURITY BREACHES, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. THE COMPANY MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICES AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT, FUNCTIONALITIES OR FEATURES WITHOUT ANY NOTICE TO YOU.

14.7 YOU AGREE THAT THE COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.

14.8 YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES, INCLUDING USE OF AND/OR RELIANCE ON ANY INTELLECTUAL PROPERTY, CONTENT AND/OR THIRD PARTY SERVICES AVAILABLE THROUGH THE SERVICES, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.

14.9 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMNT, THE COMPANY MAKESS NO REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES OR INTELLECTUAL PROPERTY.

14.10 IT IS YOUR RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, AND YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE DULY OBTAINED SUCH CONSENTS NECESSARY FOR THE USE OF ANY INFORMATION PERTAINING TO OTHERS (INCLUDING YOUR MOBILE CONTACTS) THROUGH OR IN CONNECTION WITH THE APP (INCLUDING BY WAY OF INITIATING INTERACTIONS WITH ANY SUCH CONTACTS THROUGH THE APP), AND TO ADHERE TO ANY APPLICABLE STATE AND FEDERAL LAWS REGARDING SUCH INFORMATION.

14.11 Please note: the Company is not in any way responsible for the conduct or behavior of Users who are using the App, nor for any Third Party Services (as defined below) which may be linked through the App and/or initiated thereby. To the maximum extent permitted by law, the Company shall not be responsible nor liable for any damage or loss that may result from your or any other Users' use of the App, and/or for any subsequent use of any Third Party Services. The Company does not in any way endorse any application, product, service, interaction or any content thereof, which may be used or otherwise connected by Users on, to and/or through the App and/or any Third Party Services.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY AND/OR ANY OF THE COMPANY AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICES, USE OR INABILITY TO USE THE SERVICES, FAILURE OF THE SERVICES TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, DATA OR PROFITS, THE PERFORMANCE OR FAILURE OF COMPANY TO PERFORM UNDER THESE TERMS OF USE, AND ANY OTHER ACT OR OMISSION OF COMPANY OR BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY SERVICES.

NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS OF USE MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH STATES.

SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR COMPANY'S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF COMPANY AND/OR ANY COMPANY AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITES AND/OR DAMAGES.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR THE LICENSE GRANTED UNDER THESE TERMS OF USE, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF COMPANY AND/OR ANY COMPANY AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES.

IN ANY EVENT, THE COMAPNY'S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THESE TERMS OF USE, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO THE COMPANY FOR USING THE SERVICES WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.

16. INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Company from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney's fees) arising from: (i) your use of the Services; (ii) your violation of any of these Terms of Use; and (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Services (including your violation of any law or the rights of third party, including any Intellectual Property rights or privacy rights of such third party). Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.

17. AMENDMENTS TO THE TERMS

The Company may change the Terms from time to time, at its sole discretion and without any notice, including the Privacy Notice. We will notify regarding substantial changes of these Terms of Use on the App. Such substantial changes will take effect seven (7) days after such notice was provided on our App. Otherwise, all other changes to these Terms of Use are effective as of the stated "Last Revised" date and your continued use of the App after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms of Use should be amended to comply with any legal requirements, the amendments may take effect even immediately, or as required by the law and without any prior notice.

18. TERMINATION

18.1. The Company may at any time block your access to the App, temporarily or permanently limit, suspend or terminate your access privileges and license to use the App, or to require you to abstain from using the App, if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Use or the rights of the Company or any third party, or is otherwise inappropriate, in addition to any other remedies that may be available to Company under any applicable law. Such actions by Company may be taken, inter alia, if Company deems that you have breached any of these Terms of Use in any manner.

18.2. Additionally, the Company may at any time, at its sole discretion, cease the operation of the App or any part thereof, temporarily or permanently, or delete any information from the App or any Data without giving any prior notice or assuming any responsibility or liability to you or any third party.

18.3. Upon the termination of the license, for any reason, you shall cease using the App and promptly remove any copies of the App and Data from your device, and destroy any such copies in your possession and/or control. The provisions of Section ‎7 (Intellectual Property), Section ‎15 (Limitation of Liability), Section16 (Indemnification), Section18 (Termination), and Section19 (General), will survive the termination or expiration of these Terms of Use and/or the license.

19. GENERAL

19.1. These Terms of Use do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Company and you.

19.2. These Terms of Use, and the rights and remedies provided hereunder, and any and all claims, disputes and controversies arising hereunder or related hereto and/or to the App, their interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms of Use, or any related purchase shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles, and shall be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts in Tel Aviv, Israel.

19.3. The Company may assign its rights and obligations hereunder and/or transfer ownership rights and title in the App to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Company. Any attempted or actual assignment thereof without Company's prior explicit and written consent will be null and void.

19.4. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

19.5. 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.

19.6. These Terms of Use constitute the entire terms and conditions between you and Company relating to the subject matter herein and supersedes any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Company and you, including, without limitation, those made by or between any of our respective representatives, with respect to the App. You agree that you will make no claim at any time or place that these Terms of Use have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Company in entering into these Terms of Use.

20. CONTACT

If you have any questions (or comments) concerning the Terms of Use or the Services, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable time-frame: [email protected].