Terms Of Use

[Insert Company name] and its affiliates (collectively, “MediBoard”, “Company”, “we”, “our” or ”us”) welcome you (the “User(s)” as defined below, or “you”) to our mobile application "MediBoard" (the “App”). The App serves as an informational platform intended for the management of Users’ health records and provision of related tools, including statistical analyses and insights (collectively, our “Services”, as further detailed below). The App also offers basic information regarding our Company and our Services. Each of the App’s Users may use it in accordance with the terms and conditions hereunder.

Acceptance of the Terms
By installing and/or downloading, connecting to, and accessing the App on your device, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at: [link to the privacy policy] (the “Privacy Policy”) (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of our 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, OR IF YOU DO NOT POSSES THE LEGAL CAPACITY TO ENTER INTO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE OUR APP IN ANY MANNER, DO NOT INSTALL THE APP AND/OR PROMPTLY UNINSTALL THE APP FROM YOUR DEVICE.

The App and/or Services are available only to individuals who (a) are at least [eighteen (18) years old - please confirm age restriction]; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your behalf and to form a binding agreement under any applicable law, to use the App and/or Services in accordance with these Terms, and to fully perform your obligations hereunder [please confirm that the app is intended for personal use and not for use by businesses].

The App and Services [Please review this section and confirm]
The App serves as an online platform for managing health related data which is uploaded by the User to the App, at its own discretion. The App also includes relevant tools, including AI tools, such as insights, notifications and sharing of data with third parties directly from the App.

The App and the Services provided via the App include our proprietary content, such as information, videos, text, logos, buttons, 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, third party content and other features obtained from or through the App (collectively, the “Content”).
Please note:
THE COMPANY IS NOT A HEALTH AND/OR MENTAL CARE PROVIDER, DOES NOT PROVIDE MEDICAL AND/OR MENTAL ADVICE AND/OR SERVICES. THE APP AND/OR THE SERVICES SERVE AS AN INFORMATIONAL TOOL AND ARE NOT INTENDED IN ANY WAY TO REPLACE ANY PROFESSIONAL ADVICE, INCLUDING MEDICAL AND/OR MENTAL HEALTH ADVICE. THE APP AND/OR THE SERVICES ARE PROVIDED ONLY FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE MEDICAL AND/OR MENTAL HEALTH COUNSELING, OR ANY OTHER PROFESSIONAL LICENSED PRACTICE NOR DO THEY CONSTITUTE THE FORMATION OF A PROVIDER-PATIENT RELATIONSHIP. IF YOU SUFFER FROM ANY MEDICAL AND/OR MENTAL CONDITION, OR IF YOU ARE CONCERNED ABOUT ANY MEDICAL CONDITION, DIAGNOSIS, OR TREATMENT, PLEASE MAKE AN APPOINTMENT DIRECTLY WITH A LICENSED HEALTHCARE PROVIDER. YOUR USE OF THE APP AND/OR THE SERVICES DO NOT IMPOSE ON THE COMPANY ANY DUTY TO FOLLOW UP WITH YOU ABOUT ANY MEDICAL CONDITION, DIAGNOSIS, OR TREATMENT.

THE COMPANY DOES NOT PROVIDE ANY EMERGENCY MEDICAL SERVICES, AND IN CASE OF AN EMERGENCY, PLEASE CALL YOUR LOCAL EMERGENCY SERVICES – THE APP SHOULD NOT BE USED OR RELIED UPON AS A REPLACEMENT FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR FOR ANY EMERGENCY USE.

You may upload to the App certain User Data (as defined below) you hereby acknowledge that such User Data is not independently verified by us and that uploading outdated, incomplete or inaccurate User Data To the app may affect the result of our Services. As such, you hereby acknowledge that you are solely responsible for the User Data that you upload to the App, including its legality, accuracy and completeness, and your reliance on such User Data and the results of the Services is entirely at your own risk.

Please note that when sending any information, including Personal Information, from the App to third parties, you may be required to use a third party messaging applications and services, such as an external email client or messaging app (e.g., WhatsApp) (collectively, “Third Party Applications”). For the avoidance of doubt, you are solely responsible for providing all notices and obtaining all required consents for use of Third Party Applications to send messages to third parties and for your use of any Third Party Applications for such purposes, including without limitation the security of such Third Party Applications. You hereby waive and release the Company and its representatives from any claim and/or demand relating to Third Party Applications.

When you uninstall or remove the App from your mobile device, or otherwise in case of damage or theft of the device, all your data, including User Data and Personal Information, within the App may be permanently lost. The Company takes no responsibility and assumes no liability for any User Data and/or Personal Information and/or other medical records uploaded to the App and for any loss or damage thereto or for any loss or damage such loss of such data may cause you or any third parties. Any uploading of User Data and/or Personal Information and/or other medical records to the App and/or storing of such data on the App is at your own risk.

The use of the App may include push notifications. You hereby agree to receive any push notifications (push notifications may be sent to Users upon the confirmation to receive such notifications). You may opt-out from receiving push notifications from the App by changing the settings in your device or within the App.

Please note that the use of the Service is entirely free of charge. However, the Company reserves the right to charge fees for such use in the future. In addition, 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 App, according with the applicable rates charged by your respective third party internet and data usage service provider as may be from time to time.

The Company’s App and any services offered via the App Company shall collectively be referred to herein as the “Services”.

THE APP SERVES SOLELY AS A SUPPORTING TOOL AND IS NOT A FORM OF MEDICAL AND/OR MENTAL DECISIONS SUPPORT APP. ANY INFORMATION, PRODUCED OR PROVIDED BY THE APP MUST BE INDEPENDENTLY VERIFIED BY THE USER, CANNOT BE USED FOR MEDICAL AND/OR MENTAL DECISIONS AND THE USER IS SOLELY RESPONSIBLE FOR CONSULTING WITH A MEDICAL PROFESSIONALS TO ENSURE THAT THEY ARE APPROPRIATE AND RELEVANT TO THE USER, WHERE NECESSARY. THE APP AND/OR THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY MEDICAL AND/OR MENTAL CONDITION OR OTHERWISE ASSIST IN SUCH ACTIVITY, NOR TO PROVIDE ANY PROFESSIONAL MEDICAL AND/OR MENTAL RELATED ADVICE. AS SUCH, ANY SUGGESTION, CONTENT, ALERT AND INFORMATION PROVIDED TO USERS OR CONCLUDED FROM THE USE OF THE APP AND/OR THE SERVICES IS NOT INTENDED AND SHOULD NOT BE DEEMED MEDICAL AND/OR MENTAL PROFESSIONAL ADVICE, DIAGNOSIS, WARNING, SUGGESTION OR TREATMENT, NOR INTENDED TO REPLACE ANY MEDICAL AND/OR MENTAL AND/OR PROFESSIONAL ADVICE, DIAGNOSIS, WARNING, SUGGESTION OR TREATMENT. ALL DECISIONS MADE BY THE USER BASED ON THE APP, ARE SUBJECT TO THE USER’S INDEPENDENT INVESTIGATION, EXAMINATION AND DISCRETION. THE COMPANY DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC MEDICATIONS, TESTS, TREATMENTS, PROFESSIONALS, PRODUCTS, PROCEDURES, OR OPINIONS.

ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEALTHCARE PROVIDER AND/OR ANY OTHER PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE WITH RESPECT TO YOUR HEALTH AND/OR MENTAL CONDITION OR SITUATION. NEVER DISREGARD PROFESSIONAL MEDICAL AND/OR MENTAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR PROVIDED WITH AS PART OF THE APP AND/OR THE SERVICES.

THE USER IS SOLELY RESPONSIBLE FOR THE QUALITY, ACCURATENESS AND LEGALITY OF THE DATA THAT THE USER UPLOADS TO THE APP. THE USER ACKNOWLEDGES THAT UPLOADING PARTIAL OR INACCURATE DATA TO THE APP, MAY IMPAIR THE SERVICES RENDERED VIA THE APP. USERS ARE REQUIRED TO COMPLY WITH ALL APPLICABLE LAWS IN THEIR USE OF THE APP AND THE SERVICES.

PLEASE NOTE THAT WE DO NOT WARRANT THAT THE APP AND/OR SERVICES WILL BE ERROR FREE.  THE APP IS NOT INTENDED FOR STORAGE AND/OR BACKUP OF DATA, INCLUDING MEDICAL RECORDS AND ANY PERSONAL INFORMATION, THAT YOU UPLOAD TO THE APP AND ANY SUCH DATA IS UPLOADED AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR ENSURING THAT YOU MAINTAIN BACKUP COPIES OFF ALL DATA, THAT YOU UPLOAD TO THE APP.

ALL RIGHTS IN AND TO THE CONTENT ARE RESERVED TO THE COMPANY OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE APP THE SERVICES AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS.

NOTE: THE APP IS CURRENTLY IN ITS BETA VERSION AND IS UNDERGOING BETA TESTING. THEREFORE, THE APP MAY SUFFER DISRUPTIONS, MAY CONTAIN BUGS AND MAY NOT OPERATE AS DESIGNATED OR INTENDED. YOUR USE OF THE APP CONSTITUTES YOUR AGREEMENT TO PARTICIPATE IN THE APP BETA TESTING.

YOUR USE OF THE APP AND/OR THE SERVICES AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.

User Profile and User Account

Users who wish to use and access the App and the Services are required to sign-in by providing with certain information (the “Account”).br
You must implement and maintain reasonable physical, technical safeguards to maintain and protect the device on which you have installed the App and your Account. You must not disclose your passwords and the ways of accessing your device to others. You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of The Company. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events act in accordance with the Company’s reasonable instructions. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account.

You must safeguard and not disclose your username and password of your Account and supervise the use of such Account. You must provide accurate and complete information for creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.

You are solely and fully responsible for maintaining the confidentiality of your password and Account and for all activities that occur under your Account. If we believe, in good faith, that you have created an Account impersonating another person, such Account may expose you to civil and/or criminal liability.

We note that we can suspend access to your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of The Company, its Users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; and/or (f) we are required to by law. We may provide you a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.

CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF THE FEATURES OR CAPACITY OF YOUR ACCOUNT AND ALL DATA UPLOADED. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
Use Restrictions

There are certain conducts which are strictly prohibited when using the App and/or the Services. 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 Services and may also expose you to civil and/or criminal liability.

You may not (and you may not permit any third party to), unless otherwise explicitly permitted under these Terms: (a) use the App 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 App 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 ®) and you represent and warrant that you will abide by all applicable laws in this respect; (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 them, 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 Services; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform 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, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made available 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, 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, unless expressly permitted under any applicable laws; (k) make any use of the Content on any site or networked computer environment for any purpose without our prior written consent; (l) create a browser or border environment around the Content (no frames on inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the  App and/or Content;  (n) frame or mirror any part of the App without our prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the App; (p) transmit or otherwise make available in connection with the App any virus, worm, Trojan Horse, time bomb, spyware, or any other similar computer code, 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 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.

User Data

The App and/or the Services may allow Users to upload to the App certain content and information, including personal data and medical and/or mental related data (collectively, “User’s Data” or “User Data”).

As long as the User Data is subject to the applicable copyright law, such User Data shall remain at all times, and to the extent permitted by law, the sole and exclusive property of the User. You represent and warrant that you are the rightful owner of the User Data you upload to the App or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the licensors of such User Data and that such User Data 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 Data and the consequences of uploading such User Data 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 Data. You agree that you will not upload any User Data 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), and/or (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 Data may be considered as prohibited for the purposes of these Terms.

When you upload or make available any User Data on the App you grant to the Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use the User Data in order to provide the Services. The Company shall not bear any liability for any use by any third party of the User Data. In addition, you hereby explicitly waive any moral right you may have in and to the User Data and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Data.

THE COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER DATA UPLOADED 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 Data.

Although the Company has no obligation to screen, edit or monitor any of the User Data, the Company explicitly reserves the right, at its sole discretion, to remove, without giving any prior notice, any User Data available on the App at any time and for any reason. If your Account is cancelled, we may permanently delete any User's Data from our servers. We have no obligation to provide and/or return any data, including your User's Data to you after the Services and/or the Use of the App are terminated.

The Company may use in any manner anonymous information which derives from the use of the App and the User Data (i.e., non-identifiable information, aggregated or analytics information), in order to provide and improve Company's products and services and for any legitimate business purpose. The company is and shall remain the sole and exclusive owner of the analytics information.

When you uninstall or remove the App from your mobile device, or otherwise in case of damage or theft of the device, all User's Data may be permanently lost. The Company takes no responsibility and assumes no liability for any User's Data and/or other kind of records uploaded to the App and for any loss or damage thereto or for any loss or damage such loss of User's Data may cause you or any third parties.

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 details in our Privacy Policy at [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, YOU MUST FIRST READ AND AGREE TO THE PRIVACY POLICY.

Intellectual Property Rights

The App (including our technology and our platform), the Services and the Content included therein and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, 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 copyright and other intellectual property laws and international conventions and treaties. 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.

Use of any Company’s registered or unregistered trademarks, service marks or logos and of all other third party trademarks, service marks, trade names and logos which may appear on the App is strictly prohibited and may be a violation of applicable trademark laws.

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 feedback, comments or suggestions to the Company regarding the App, whether within the App or otherwise (collectively, the “Feedback”), the Company shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the App, any Company’s current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any of our current or future products, technologies or services that incorporate any Feedback.

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.

Links to Third Party Sites

Certain links provided herein may permit our Users to leave our App and enter non-Company sites. These linked sites and services are not under our control and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or services. In addition, we are not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. We reserve the right to terminate any link at any time. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any site, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collecting.

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.

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. These Terms do not apply to any Third Party Components accompanying or contained in the App and The Company disclaims all liability related thereto. You acknowledge that The Company is not the author, owner or licensor of any Third Party Components, and that The 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.

Changes to 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.

Availability

The App's and/or the Services' availability and functionality depends on various factors, such as communication networks. The Company does not warrant or guarantee that the App and/or the Services 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.

Disclaimer of Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP AND/OR THE CONTENT AND/OR 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, “THE COMPANY 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.

YOU ARE SOLELY RESPONSIBLE FOR BACKING UP ANY DATA UPLOADED TO THE APP AND YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR ANY CORRUPTION OR LOSS OF SUCH DATA.

WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE APP IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT THE COMPANY WILL CORRECT ANY ERRORS OR DEFECTS IN THE APP, (III) THAT THE APP WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND THE COMPANY REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, (IV) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APP AND/OR CONTENT AND/OR THE SERVICES (INCLUDING THAT THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS). THE COMPANY AND THE COMPANY'S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APP AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE APP AND/OR THE SERVICES, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE APP.

WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN THE COMPANY. YOU AGREE THAT USE OF THE APP AND/OR THE CONTENT AND/OR THE DATA UPLOADED TO THE APP IS ENTIRELY AT YOUR OWN RISK. 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.

YOU MAY PAIR DIFFERENT WEARABLES AND DEVICES, INCLUDING MEDICAL DEVICES, WITH THE APP IN ORDER TO DERIVE CERTAIN DATA, INCLUDING HEALTH RELATED STATS AND PARAMETERS. THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY FOR SUCH DEVICES AND/OR YOUR USE THEREOF, NOR FOR ANY PARAMETER, STATES OR ANY DATA DERIVED FROM THEM.

THE COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR THE USE OR MISUSE OF PROTECTED HEALTH INFORMATION OR ANY OTHER INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED BY YOU WHILE USING THE SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE COMPANY AND THE COMPANY'S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, 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 APP AND/OR THE CONTENT AND/OR THE SERVICES, YOUR USE OR INABILITY TO USE THE APP AND/OR THE CONTENT AND/OR THE SERVICES AND/OR THE FAILURE OF THE APP TO PERFORM AS DESCRIBED OR EXPECTED; ALL REGARDLESS OF WHETHER THE COMPANY OR THE COMPANY'S REPRESANTATIVES HAS 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 ITS REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR AND/OR ANY THIRD PARTY’S USE OR INABILITY TO USE THE APP AND/OR THE CONTENT AND/OR THE SERVICES SHALL BE LIMITED TO THE AMOUNT ACTUALLY  PAID BY YOU, IF ANY, TO THE COMPANY FOR USE OF THE APP AND/OR THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR $US1.00, WHICHEVER IS GREATER. THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM THE COMPANY 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.

Indemnification

You agree to indemnify, defend and hold The Company and The Company's Representatives harmless from any loss, liability, claim, debts, expenses or demand, including reasonable attorneys’ fees, due to or arising from: (i) your use, misuse of, inability to use and/or activities in connection with the App and/or the Content and/or the Services; (ii) your violation of any of these Terms and/or violation of 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 the Services; (iv) any User Data (including any third party claims against the Company in connection therewith); (v) 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 the Services; and (vi) any claim that a serious health event or bodily injury incurred by you and/or third party resulted from your use of 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.

Amendments to the Terms

The Company may, at its sole discretion, change these 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 and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our App or sent via e-mail, whichever is earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the App on thereafter 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.

Termination of these Terms and the Termination of the App's operation
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply herewith, The Company may immediately temporarily or permanently limit, suspend or terminate your Account. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Services, you may terminate these Terms at any time by uninstalling our App and stopping your use thereof and this will be your sole remedy in such circumstances. In such circumstance and upon termination of these Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Services, delete and destroy all copies of the App in your possession or control and so certify to The Company if required by it, and (iii) the provisions of these Terms that, 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 of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

Additionally, at any time, The Company may without notice discontinue your use of the App, at its sole discretion, in addition to any other remedies that may be available to The Company under applicable law. Additionally, The Company may at any time, at its sole discretion, cease the operation of the App or any part thereof (temporarily or permanently), delete, correct, amend, enhance, improve or modify any information or Content or make any other changes, all without 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 operation and loss of any data.

We note that we can suspend access to your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of The Company, its users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; and/or (f) we are required to by law. We may provide you a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access the App. In the event that we will determine, in our sole discretion, that the reason for suspension of access to the App has been resolved, we will restore access to the App.

Please note that failure to comply with any of use restrictions set forth in these Terms may result (at the Company’s sole discretion) in the termination of your use of the App and may also expose you to civil and/or criminal liability.

Minors

Notwithstanding anything to the contrary herein, to use the Service you must be over the age of eighteen (18) [please confirm]. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the App and/or Service. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the App and/or Service, we will prohibit and block such User from accessing the App and/or Service and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.

General

(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) [these Terms shall be governed by, and will be construed under the law of the State of Israel, and you irrevocably agree to the exclusive jurisdiction of the competent courts of Tel Aviv – please confirm] to settle any dispute which may arise out of, under, or in connection with these Terms. 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. YOU AGREE THAT NO CLAIM ARISING OUT OF THESE TERMS OR YOUR USE OF OUR APP MAY BE BROUGHT AS A CLASS ACTION, (c) 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, (d) 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, (e) 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, (f) 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, (g) 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, (h) no amendment hereof will be binding unless in writing and signed by the Company, and (i) the parties agree that all correspondence relating to these Terms shall be written in the English language.

For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms or if you need any support regarding our Services, you are most welcome to send us an email and we will make an effort to reply within a reasonable timeframe [please complete support email address].