Super Stylist – Terms of Use

Last Revised: July 26, 2022

Crazy Labs Ltd. its subsidiaries and affiliates (“Company” or “we”) welcome you (“User” or “you”) to the Super Stylist app (“App”).

The terms of use herein (“Terms”) govern the relationship between you and Crazy Labs Ltd. regarding your use of the App. The collection, use and disclosure of Users’ information (including personal information) is detailed in the Privacy Policy available at https://crazylabs.com/sst/app(“Privacy Policy”).

Please review these Terms carefully. They include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration unless you opt-out within the specified time frame. See Section 27 for more information.

1. Acceptance of the Terms

By installing, accessing or using the App, you acknowledge that you have read, understood and agree to be bound by the Terms, agree to comply with all applicable laws and regulations regarding your use of the App and acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT INSTALL, ACCESS OR USE THE APP AND PROMPTLY ERASE THE APP FROM YOUR DEVICE.

The App is not intended for anyone under the age of 16 and you represent that you are 16 years of age or older. In addition, the App is offered only to individuals who possess the legal capacity to enter into these Terms or whose legal guardian has agreed to these Terms. You hereby represent and agree that you possess the legal authority to enter into these Terms and to form a binding agreement under applicable law, to use the App in accordance with these Terms, and to fully perform your obligations hereunder. If you are under the age of majority, please have your legal guardian review and agree to these Terms on your behalf. In such instances “you” means you and your parent or guardian.

2. The App

The App includes the option to make in-App purchases, although the App itself may be downloaded free of charge. Such in-app purchases do not require the re-entry of credit card information as they are made through an existing account with a third party distributor (such as Apple or Google). You can play and access all levels of the App and all features that are necessary to progress within the App without making any in-App Purchase using real money.

Please note that the App is only available for certain operating systems (such as iOS or Android). The User may only download and use the App on a device running validly licensed copies of the operating systems on which the App is designed to operate. To be able to access or use the App, or any portion thereof, User must legally obtain all the applicable or required facilities, utilities, software and equipment at his/her sole risk and expense.

The App is available to Users for offline use. During the offline use, not all functionalities will be available to the Users. In addition, you hereby acknowledge and agree that you may be charged for internet and data usage charges made through use of the App according to the applicable rates charged by your respective third party internet and data usage service provider. We will not be liable for any internet and data usage charges which you may be charged by your respective third party internet and data usage service providers.

Note that the App may include notifications that are sent to a User directly on his/her mobile device.

3. Virtual Items and coupons

  1. Virtual Items: The App offers virtual in-game items (e.g. virtual “coins,” “cash,” vouchers, gems, clothing, catalogues, make up and other virtual content and items (collectively, “Virtual Items”) which the User may purchase, earn or otherwise receive while using the App, including in the form of rewards.  Such Virtual Items do not refer to any credit balance of real currency or any equivalent and are not redeemable for real money, returnable or refundable, unless a User does not receive the Virtual Items purchased or a User receives incorrect Virtual Items (in which case a refund/exchange may be carried out).You are not obligated, at any time, to purchase any Virtual Items. Virtual Items are not usable outside the App itself and cannot be exchanged for real money. Virtual Items are licensed to you, not sold, for personal use in the App. Transfer of Virtual Items is not permitted. We have the right to amend, modify and eliminate any Virtual Item and its pricing without notice at any time. When a User deletes the App the User will not receive any compensation for any Virtual Items held at that point. If we suspect that a User dealt with Virtual Items in an illegal or unauthorized manner (including fraudulently obtaining or acquiring Virtual Items) or otherwise violated these Terms, we may remove or revoke such Virtual Items previously awarded or purchased without liability. All purchases of Virtual Items are made through Users’ existing accounts with the relevant platform provider (e.g., Apple or Google). Note that Users who make purchases through Google Play may not have those purchases recorded or associated with their accounts on a different device (or if they have to delete and reinstall the App) unless they have logged in through Facebook Login. (See Section 4 below.)
  1. Odds Disclosure. Some of the Virtual Items available for purchase are contained in boxes, chests or similar formats. Click here for information on how frequently each Virtual Item may appear.
  2. Coupons: We may, at our discretion, issue coupons for Virtual Items outside of the App – e.g., on social media pages or sent by email. Coupons can be redeemed within the App (i.e. exchanged for Virtual Items).Unless expressly stated, coupons may not be used more than once and not after their expiry date. Coupons are personal and may be used only by the User who received them. Coupons are non-transferable and may not be sold, transferred or bartered. Coupons are not redeemable for cash or usable outside the App itself. If a coupon is not functional, your sole remedy shall be replacement of the coupon. We reserve the right to cancel a coupon provided to you without notice or compensation.

4. Features of the App: 

  1. Log in with Facebook featureDepending on the Platform Provider you utilize, you may be able to connect the App to your Facebook account using the “Log in with Facebook” feature. Use of this feature is required to enable Android Users to save game progress and play across different devices.  (For Apple iOS Users, it is not required.)  If you use the Facebook Login feature, your Facebook public profile name and picture will be displayed within the App on leaderboards, if you enter into contests in the App, and will be visible to other contestants.Use of the Facebook Login feature is subject to Facebook’s terms of use and privacy policies. We have no responsibility or liability for your use of Facebook and Facebook’s practices. Use of Facebook Login is optional, although please note that if you choose not to use the feature you may not be able to enjoy all of the features available in the App. Please see our Privacy Policy https://crazylabs.com/sst/app for further information about how data is shared between us and Facebook.
  1. Multiplayer contests: You may have the opportunity within the App to participate in multiplayer contests. Contestants’ avatar name and image (or Facebook public profile name and picture, if enabled by contestants), points and rankings and some other game information may be displayed on or via a leaderboard which is visible to other players. You can earn in-game prizes in the form of Virtual Items by participating in such contests.
  2. Push Notifications:We may send notifications, messages and/or alerts known as pop-ups and push notifications, via various means of communication (through the App or otherwise). You can deactivate the notifications at any time by changing the notification settings in accordance with the instructions of the operating system running on your device.
  3. Responsibility for Use of AppYou are responsible for all use of and purchases within the App on your device. If you become aware of unauthorized use, you should delete and reinstall the App and take whatever steps you deem appropriate with respect to your Platform Provider and payment channel. Regardless, your right to refund is strictly as limited by and in accordance with Section 3(1) of these Terms.

5. User Restrictions

There is certain conduct which is strictly prohibited when using the App. Please read the following restrictions carefully.

You may not (and you may not permit any User or third party to): (a) use the App for any illegal, immoral, unlawful and/or unauthorized purposes or engage in any fraudulent activity in connection with the App; (b) use the App or Content for non-personal or commercial purposes; (c) fail to pay any fees (to the extent applicable), if, for example, your credit card was blocked or the use thereof was limited in any way; (d) interfere with or violate Users’ privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, or use other 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 or regulations, requirements 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; (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, make available, translate, reverse engineer, decompile or disassemble any portion of the Content, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sub-license, 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 our proprietary rights, including our Intellectual Property (as defined below), in any way or by any means, unless expressly permitted in the Terms; (k) create a browser or border environment around our Content (no frames or inline linking is allowed); (l) frame or mirror any part of the App; (m) create a database by systematically downloading and storing all or any of the Content ; (n) 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; (o) access the App to build a similar or competitive app; (p) remove or disassociate from the Content or the App any copyright, trademark or other proprietary notices contained in such materials; (q) deal with Virtual Items in an illegal or unauthorized manner including fraudulently obtaining or acquiring Virtual Items; (r) infringe or violate any of the Terms; and/or (s) You may not use, access or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported, re-exported or otherwise made available (a) into any country or region embargoed by the U.S. Government, or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied person List or Entity List, EU consolidated sanctions list with designated persons. By using the App, you represent and warrant that you are not located in any such country or on any such list.

6. License to use our App

6.1 We hereby grant you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable and revocable limited license to download and use the App and Content on your authorized mobile device that you own or control (“Device”) solely for the limited purpose of your internal non-commercial use, and for no other purpose, strictly in accordance with and subject to the Terms, the applicable Usage Rules (defined below) and applicable law. The Terms do not convey to you an interest in or to our Intellectual Property (as defined in section 7) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of our right, title and interest in or to the Intellectual Property (including any goodwill and moral rights associated therewith) under any provision or principle of law.

6.2 Any feedback, comment or suggestion provided by you to us regarding the App (“Feedback”) is hereby assigned to the Company which shall remain the exclusive owner of such Feedback. To the extent such Feedback is not assignable under applicable law, you hereby grant us an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any our current or future products, technologies or services 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 the 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.

7. Ownership; Copyright Protection

The App, Content and the Company’s proprietary assets and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents , trademarks, trade names, copyrightable materials, titles, the “look and feel” of the App, specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by or licensed to us and are protected by applicable copyright and other intellectual property laws and international conventions. Notwithstanding anything to the contrary herein, you agree that the App is licensed hereunder, not sold. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

8. App Generated Content and User Generated Content

The App allows Users to create their own content and take in-game photos using content made accessible by us on or through the App. In-game “photos” are of your avatar which you can take once you have dressed and styled your avatar. All such in-App generated content is stored within the App and not saved to your Device. This content, along with any other information, videos, text, graphics, pictures, images, themes, designs, software programs used by us in connection with the App, materials, Virtual Items, descriptions and data obtained from or through the App is collectively referred to as “Content”.

You also have the option of posting User-generated content outside of the App, on Super Stylist social media pages such as on Facebook. This content posted outside of the App is referred to as User generated content or “UGC”. Any content posted on social media sites will be subject to and processed in accordance with those sites’ terms.

The following terms apply to UGC:

8.1. You represent and warrant that you are the rightful owner of the UGC or that you have (and will continue to have) all the necessary licenses, rights, consents and permissions from the licensors thereof to use such content and enable inclusion and use as contemplated by these Terms and that such UGC does not infringe any third party’s rights.

8.2. THE UGC THAT YOU MAKE AVAILABLE, UPLOAD, POST TO, PUBLISH ON OR SHARE WITH OTHER SITES, INCLUDING SOCIAL MEDIA PAGES, ON OR THROUGH THE APP (“SHARE”) MAY BE PUBLICLY AVAILABLE TO OTHER USERS THEREOF AND IS THEREFORE DEEMED NON-CONFIDENTIAL.

8.3. You agree that your UGC will not include any unsolicited promotions, advertising, contests or raffles.

8.4. You agree that you will not share UGC which is unlawful, defamatory, libelous, offensive, obscene, pornographic, indecent, harassing, threatening, abusive, fraudulent, encourages conduct that is considered a criminal offense, gives rise to civil liability or is otherwise inappropriate, impersonates another, false or which you do not have a right to make available (collectively, “Prohibited Content“).

8.5. Although we have no obligation to monitor your UGC, we explicitly reserve the right, at our discretion, to remove or edit it, without giving prior notice, at any time and for any reason, and you are solely responsible for creating backup copies thereof.

8.6. You agree that you are solely responsible for your UGC that you share and the consequences of sharing it, and that we have no control over access to your UGC which you share, which is subject to the terms of the third party sites. THE COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR UGC SHARED BY YOU OR ANY THIRD PARTY, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS THE COMPANY LIABLE FOR ANY UGC CONSTITUTING PROHIBITED CONTENT THAT YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER ON OR THROUGH THE APP.

8.7. If you believe any UGC amounts to Prohibited Content or is shared in violation of these Terms, please stop viewing it and promptly contact our Misconduct Agent or our Copyright Agent or the respective third party sites where such content is stored (for more information see below). You agree that the foregoing terms state our sole and exclusive responsibility and your sole and exclusive remedy for any claims related to UGC; and you hereby waive your rights or remedies against us in this respect.

9. License to UGC

As long as your UGC is subject to any applicable copyright law, it shall remain at all times, and to the extent permitted by law, your sole and exclusive property. However, when you post, communicate, share, publish or make available any UGC, you grant us a perpetual, non-exclusive, royalty-free, worldwide, transferable, sublicensable license to publicly display, communicate, distribute, host, publicly perform, publish, reproduce, make modifications or derivative works, and use such UGC for the purpose of operating, marketing, promoting and improving the Company, the App and our other products or services, for any other legitimate business purposes and for legal purposes (e.g. to satisfy applicable laws, governmental requests, enforce the Terms and other of our terms or policies (including investigation or potential violations thereof), detect or prevent fraud, protect the rights of the Company, its Users, other users or the general public, etc. You hereby waive any moral rights and publicity rights (if any) with respect to our use of your UGC in accordance with these Terms.

10. Misconduct, Copyright and Content Policy

We care for your safety. If you believe a User acted inappropriately (e.g. offensive, violent or sexually inappropriate behaviour), please report immediately to the appropriate authorities and to our Misconduct Agent at: [email protected]

We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide the following information in writing to our Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple infringing works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material; (iv) information so that we can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. Infringement claims and notices should be sent to the attention of our Copyright Agent by mail to: Crazy Labs Ltd. at at Azrieli Center Circular Tower, 132 Menachem Begin Road, Tel Aviv, Israel, or by e-mail to: [email protected]

Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We will respond to clear notices under this Section. Please be advised that we will remove or replace UGC only in accordance with applicable law and that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.

If you believe that your UGC was removed by mistake, and that you have the right to post it, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following: (i) your physical or electronic signature, (ii) Identification of the content that was removed or to which access was disabled and the location at which it appeared before such removal or disablement, (iii) a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification, and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.

11. Advertisements

We accept advertisements from third party ad networks, as further detailed in our Privacy Policy. Please note that we make no warranties or representations concerning such advertisements, whether or not we have control over such advertisements, and we are not responsible or liable for any content, advertising or services they provide. The Company, ad networks, advertisers and third-parties related thereto may be entitled to certain shares of the earnings from such advertisements. You agree that you will not be entitled to any compensation with respect to such monetary amounts.

12. Trademarks and Trade names

“Crazy Labs”, “Crazy Labs™”, “CrazyLabs” and our other marks and logos and all other proprietary identifiers used by us in connection with the App (“Company Trademarks”) are all trademarks 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.

13. Links to Third Party Sites

Certain links provided herein through advertisements or otherwise permit our Users to leave our App and enter third party sites, products or services. Those linked sites, products and services are provided solely as a convenience to you. They are not under our control and we are not responsible for their availability and do not endorse and are not responsible or liable for any content, advertising, products, goods, services or other information on or available from such linked sites, products and services or any link contained therein. Your access to, use of and reliance upon any such sites, products, 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 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 services, goods, content, products or other materials available on or through such linked sites or resource. Most of such linked sites, products and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable to read such documents carefully before using those sites, products and services as such documents indicate the practices which will apply to your use of such sites and services.

14. Privacy Policy

We respect your privacy and are committed to protect the information you share with us. Our policy and practices and the type of information we collect in connection with the App are described in our Privacy Policy at: https://crazylabs.com/sst/app. If you intend to access or use the App you must first read the Privacy Policy.

15. Platform Provider 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 in Section 28, but others 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 which are incorporated herein by reference. In the event of a conflict between the Terms and 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) and/or 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 using the App. Any download 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.

16. 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 or commercial license terms (“Third Party Components”). All Third Party Components are copyrighted by their respective authors. 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 license terms of such Third Party Components and these Terms, the license 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 we disclaim 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. Third Party Components licensed under open source licenses which may be linked to, interacted with or used in connection with our App (“Open Source Component(s)”), that require disclosure according to their license are listed at: https://crazylabs.com/sst/osc, are hereby incorporated into these Terms by reference, and their licensing terms are provided for your informational purposes. The Open Source Components included in the App are done so pursuant to each individual open source component license and subject to the disclaimers and limitations on liability set forth in each open source component license, which include in general that “THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.”

17. Availability

The App’s availability and functionality depend on various factors, such as software, hardware and the Company’s services’ providers and contractors. We do not warrant or guarantee that the App will operate at all times without disruption or interruption, or that it will be immune to unauthorized access or be error-free.

18. Changes to the App

We reserve the right to amend, improve, supplement and make any other changes to, or discontinue, temporarily or permanently, the App (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content provided under the App may be changed, extended in terms of content and form or removed at any time without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the 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 we supply to you any updates, upgrades and any new versions of the App (“Updates”) according to our then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you, you consent thereto 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.

19. Amendments to the Terms

We may change the Terms by posting the amended version at: https://crazylabs.com/sst/stou, 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 or our website at https://crazylabs.com/. Such material changes will take effect five (5) days after such notice was provided on our App or website, whichever is the earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” 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. If the Terms are amended to comply with legal requirements, the amendments may take effect immediately, or as required by the law and without prior notice.

20. Disclaimer and Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP, CONTENT, AND THIRD PARTY COMPONENTS ARE PROVIDED ON AN “AS IS” “WITH ALL FAULTS” AND “ “AS AVAILABLE” BASIS, AND THE COMPANY, ITS VENDORS AND LICENSORS (INCLUDING APPLICABLE PLATFORM PROVIDERS), INCLUDING OUR AND SUCH VENDORS’ OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (“COVERED PARTIES”) 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 THESE TERMS CANNOT CHANGE.

WE DO NOT WARRANT: (I) THAT 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 WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE APP, AND (III) THAT THE APP WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APP, CONTENT OR UGC AVAILABLE THEREON OR THROUGH THE APP (INCLUDING THAT THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS). THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APP, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE APP, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT, UGC OR INFORMATION DISPLAYED WITHIN THE APP.

WE DO NOT ENDORSE OR GUARANTEE, ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE, PRODUCT OR OTHER ITEM OR SERVICE (I) PROVIDED BY ANY PERSON OR ENTITY OTHER THAN THE COMPANY (INCLUDING ANY TECHNICAL FAILURES OR THE LACK OF AVAILABILITY OF ANY FEATURES AVAILABLE WITHIN OUR APP WHICH ARE NOT UNDER OUR CONTROL) OR (II) THAT APPEAR IN ANY UGC.

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

THE DOWNLOAD AND USE OF THE APP, ANY IN-APP PURCHASES OR OTHER PURCHASE OF PRODUCTS OR SERVICES THROUGH OR IN CONNECTION WITH THE APP OR AS A RESULT OF AN ADVERTISEMENT DISPLAYED THROUGH THE APP ARE DONE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT MAY RESULT THEREFROM.

YOU AGREE THAT USE OF THE APP, CONTENT AND UGC ARE 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.

21. Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE COMPANY INCLUDING THE COVERED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, UNDER ANY LEGAL THEORY (INCLUDING CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) ARISING HEREUNDER, RESULTING FROM OR IN CONNECTION WITH THE APP (INCLUDING ANY SERVICES MADE AVAILABLE THROUGH THE APP), YOUR USE OR INABILITY TO USE THE APP, OR FAILURE OF THE APP TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT OR UGC, THE PERFORMANCE OR FAILURE OF THE COMPANY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF THE COMPANY OR ANY OF THE COVERED PARTIES, 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 REPAIR, REPLACEMENT OR A REFUND FOR THE APP OR ANY PART THEREOF DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES AND REGARDLESS OF WHETHER ANY OF THE COVERED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES (INCLUDING BUT NOT LIMITED TO OTHER USERS TO WHICH YOU ARE EXPOSED THROUGH THE APP), THIRD PARTY SITES OR THIRD PARTY CONTENT, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY, ITS VENDORS INCLUDING OUR AND SUCH VENDORS’ OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS, FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH OR ARISING OUT OF THE APP, CONTENT OR UGC AND YOUR USE OR INABILITY TO USE SAME SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO THE COMPANY FOR USE OF THE APP. 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 US AND FROM THE COVERED PARTIES.

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.

22. Indemnification

You agree to defend, indemnify and hold harmless the Company, its vendors, including our and such vendors’ officers, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers from and against all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney’s fees) arising from: (i) your use, misuse of , inability to use or activities in connection with the App or Content; (ii) your violation of the Terms; (iii) your violation of any third party rights; (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 (v) your UGC. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

Without derogating from the foregoing, we reserve the right, at our expense, 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.

23. Termination of these Terms and the App’s operation

These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate these Terms. If you object to any term hereof, as may be amended, or become dissatisfied with the App, 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 the Terms in the event of your failure to comply herewith: (i) the license to use the App (including any Virtual Items) and all other rights granted to you hereunder will automatically terminate and we will not be obliged to compensate you therefor, (ii) you must immediately cease all use of the App, delete and destroy all copies of the App in your possession or control, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination hereof in order to achieve their fundamental purposes shall so survive. Without limiting the generality of the forgoing, Sections 1, 5, 6.2,7-9, and 20-28 will survive the termination of the Terms.

Additionally, Company may at any time, at its discretion, modify the App, cease the operation and/or support of the App or any part or any version thereof, temporarily or permanently, modify or delete any information from the App. If that happens, Company is not required to provide refunds or other compensation in connection with discontinued, modification or cessation of support of the App, any elements thereof or Virtual Items previously awarded or purchased. You agree that Company does not assume any responsibility with respect to, or in connection with the modification or termination of the App operation or support, in whole or in part, and modification or loss of any data.

24. Export and the Location of the User

The App is subject to export control laws of the State of Israel and may be subject to additional export control laws applicable to the User or in the User’s jurisdiction, including the United States. User agrees not to ship, transfer or export the App into any country, or make available or use the App in any manner, prohibited by applicable laws.  In addition, User represents and warrants that (i) he/she is 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) the User is not listed on any U.S. Government list of prohibited or restricted parties.

25. General

(a) The Terms constitute the entire agreement between you and Company relating to the subject matter herein and supersedes all prior or contemporaneous written or oral agreements or understandings regarding such subject matter, (b) the 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, (c) 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. (d) 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, and the term “including” shall mean “includes without limitation”, (e) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT EITHER YOU OR WE MAY HAVE ARISING OUT OF OR RELATED TO THE APP OR THE TERMS 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 the 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 the 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 the Terms without restriction or notification, (h) no amendment hereof will be binding unless in writing and signed by Company, and (i) the parties agree that all correspondence relating to the Terms shall be written in the English language.

26. Governing Law and Judicial Forum

These Terms will be interpreted in accordance with the laws of the State of Israel without regard to conflict- or choice-of-law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded. In the event that you have opted out of arbitration (as set out below) or that the agreement to arbitrate is otherwise found not to apply to you or your claim, you and Company agree that any judicial proceeding (other than as described above) may only be brought in a court of competent jurisdiction in Tel Aviv-Jaffa, Israel. Both you and Company consent to venue and personal jurisdiction there. Notwithstanding the foregoing, you and Company may bring an action in any court of competent jurisdiction (i) to compel arbitration pursuant to Section 27 below or (ii) to enforce an arbitral award issued thereunder.

27. Dispute Resolution and Agreement to Arbitrate on an Individual Basis

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY REQUIRE YOU AND COMPANY TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND COMPANY CAN SEEK RELIEF FROM EACH OTHER.

By agreeing to these Terms, and to the extent permitted by applicable law, you and Company agree that any and all past, present and future disputes, claims or causes of action between you and Company arising out of or relating to these Terms, the App, the formation of these Terms or any other dispute between you and Company or any of Company’s licensors, distributors, suppliers or agents (including any Platform Provider), and whether arising prior to or after your agreement to this Section, (collectively, “Dispute(s)“) will be governed by the procedure outlined below.  You and Company further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action.

Country of Residence” for purposes of this Section means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the App. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence.

27.1 Informal Dispute Resolution. The Company wants to address your concerns without the need for a formal legal dispute. Before filing a claim against Company, you agree to try to resolve the Dispute informally by contacting [email protected]  If a dispute is not resolved within 30 days after the email noting the Dispute is sent, you or Company may initiate an arbitration proceeding as described below.

27.2 We Both Agree To Arbitrate. By agreeing to these Terms, and to the extent permitted by applicable law, you and Company each and both agree to resolve any Disputes – including any Dispute concerning the enforceability, validity, scope or severability of this agreement to arbitrate – through final and binding arbitration as discussed herein.

27.3 Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the App, but you and Company will not permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.

27.4       Exceptions to Agreement to Arbitrate.

27.4.1 If your Country of Residence is the United Kingdom, Switzerland or in the European Economic Area, notwithstanding your and Company’s agreement to arbitrate Disputes, either you or the Company also may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence.

27.4.2 If your Country of Residence is not the United States, the United Kingdom, Switzerland or in the European Economic Area, notwithstanding your and Company’s agreement to arbitrate Disputes, either you or the Company also may assert claims, if they qualify, through the Small Claims Court in Tel Aviv-Jaffa, Israel, or if a court in your Country of Residence would not recognize such a requirement (notwithstanding the provisions of this Section), then in a small claims court or the equivalent in your Country of Residence.

27.5 Arbitration Procedures and Fees.

27.5.1 If your Country of Residence is the United States, you and Company agree that the American Arbitration Association (“AAA“) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought (“AAA Rules“). Those rules are available at www.adr.org. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. The arbitration proceeding and any award shall be confidential. You and Company further agree that, unless and only to the extent prohibited under AAA Rules, the arbitration will be held in New York, New York, or, at your election, will be conducted telephonically or via other remote electronic means. The AAA Rules will govern payment of all arbitration fees. If your Country of Residence is the United States, this Section (Dispute Resolution and Agreement to Arbitrate on an Individual Basis) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in this Agreement. The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law. Notwithstanding any language to the contrary in this Section 27.5.1, if a party seeks injunctive relief that would significantly impact other Users as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators. Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section shall make that determination.  If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or as the chair by the two party-selected arbitrators – participate in the arbitral panel. Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential.

27.5.2 If your Country of Residence is not the United States, you and Company agree that the Center of Arbitration and Dispute Resolution (www.israelcourts.co.il) (“CADR“) will administer the arbitration, which shall be conducted in accordance with its rules in effect at the time arbitration is sought, and in accordance with the Israeli Arbitration Law, 5728-1968, as amended. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. The arbitration proceeding and any award shall be confidential. You and Company further agree that the arbitration will be held in English in Tel Aviv-Jaffa, Israel, or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The CADR rules will govern payment of all arbitration fees.

27.6 Arbitration Shall Proceed Individually. Regardless of your Country of Residence or the rules of a given arbitration forum, you and Company agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Company may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration“). Without limiting the generality of the foregoing, a claim to resolve any Dispute against Company will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.

27.7 Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR COMPANY SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, IN THE EVENT ALL OR ANY PORTION OF SUBSECTIONS 27.6 OR 27.7 OF THIS SECTION (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY’S ELECTION.

27.8 Jury Trial Waiver. WITHOUT PREJUDICE TO AND NOTWITHSTANDING ANY PROVISION OF THE TERMS TO THE CONTRARY, AND IN THE EVENT YOU HAVE OPTED OUT OF ARBITRATION OR THE AGREEMENT TO ARBITRATE IS DETERMINED TO BE UNENFORCEABLE OR INAPPLICABLE TO YOU, YOU AND WE EACH VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY IN RESOLVING ANY DISPUTE.

28. Apple AppStore Additional Terms

The following additional terms are required by Apple AppStore and apply to you if you downloaded the App from the Apple AppStore (“AppStore-Sourced Software”): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the AppStore-Sourced Software on an iOS device that you own or control, as well as accessed and used by other accounts associated with you via Family Sharing or volume purchasing (as set forth in the Apple App Store Terms of Service) (ii) these Terms are solely between you and Company, not Apple Inc. (“Apple”), and that Apple has no responsibility for the AppStore-Sourced Software or content thereof, (iii) your use of the AppStore-Sourced Software must comply with Usage Rules established by Apple, including those set forth in the App Store Terms of Service effective as of the date you enter into these Terms, and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the AppStore-Sourced Software.

In the event of any failure of the AppStore-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the AppStore-Sourced Software. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the AppStore-Sourced Software, 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.

Company and you acknowledge that Company, and not Apple, is responsible for addressing any claims relating to the AppStore-Sourced Software or your possession or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the AppStore-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You acknowledge that, in the event of any third party claim that the AppStore-Sourced Software or your possession and use thereof infringes that third party’s intellectual property rights, 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, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. Without limiting other provisions hereof, you must comply with all applicable third party terms agreement when using the AppStore-Sourced Application.

29. Information, Support or Questions:

The Company will make reasonable efforts to provide you with technical and product support for the Apps. For information, support or questions, please contact us at: [email protected]if by e-mail, or to the Company at Azrieli Center Circular Tower, 132 Menachem Begin Road, Tel Aviv, Israel, if by conventional mail.