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LifeTec Balance Ltd. Privacy Policy and User License Agreement

LifeTec Balance Ltd. Privacy Policy

Life Tech Balance Ltd (“LifeTech”, “we”) is committed to maintaining the privacy of its users (“user”, “you”). The following information describes how LifeTech collects and processes information about you when you use our mobile application (the “App”). By using our Services (as defined below), you agree to this Privacy Policy.

Our Privacy Policy explains:

What information we collect and why we collect it.
How we use that information.
Your rights with respect to the collection of such information.

LifeTech is engaged in developing, maintaining, and operating a mobile/tablet application, which provides its users, who are who are diagnosed with diabetes, with online personalized behavioral including behavioral and nutrition recommendations based on LifeTech's analysis of the information provided to it by each user (the “Services”)

Using the App on your Device

Users can access the Services only through the App on a “Device” which within this Privacy Policy – means a mobile phone, or a tablet. This Privacy Policy describes the practices in which LifeTech collects Personal Information through the App in the course of the provision of the Services, and shall apply regardless of the manner in which access to the Services was provided.

Collecting Information

Please note that the scope of this Privacy Policy is limited only to information collected by LifeTech through your use of its Services. Some information may be automatically collected, and some is collected when you interact with our App. The type of information that may be automatically collected is non-personal information, which includes your session durations, the content you accessed on the App, the frequency and scope of your use of the App and information about your computer and internet connection including the operating system you use and browser type.

Information from which you can be personally identified may also be collected, including but not limited to your name, gender, address, email address, telephone number, date of birth, physiological status, family history and origins, country of birth, your parents’ country of birth, medical information relating to your close family members, the location of the Device through which you used the App, photos you may share with us relating to your nutrition and certain medical information such as medication used, blood and sugar test results or any other similar information, and your contact list and your images and contact information (hereinafter: “Personal Information”). Personal Information shall be collected only if received voluntarily from you, including, without limitation, by registering or completing the forms and questionnaires available through the App or otherwise available via the Services we provide.

Use of Information

We may use or process your Personal Information for the following purposes. One or more purposes may apply simultaneously.

Providing the Requested Services

We collect Personal Information in order to provide you with a personalized behavioral including nutrition recommendations.
Such collection of information will enable us to provide you with technical and professional assistance, with regard to your actual or intended use of our Services.

Improvement and Development of the Services

We collect Personal Information in order to improve and develop our Services including, inter alia, our artificial intelligence powered App based Services, and in order to better understand and the feedback received with respect to LifeTech's Services and App.
We collect Personal Information for ongoing review and improvement of the information provided on our App and Services.
We collect Personal Information to improve the management and administration of our business and maintain compliancy with our internal policies and procedures.
We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve our Services, develop new features, and conduct audits and troubleshooting activities.

Maintain a Safe and Secure Environment

We may use your information to detect and prevent fraud, abuse and security incidents in the following ways:

Verify and authenticate your identity and prevent unauthorized or illegal activity;
Enhance the safety and security of our Services;
Conduct security investigations and risk assessments;
Prevent or take action against activities that are, or may be, in breach of our terms of service or applicable law.

Personalize Content, Advertising and Marketing

If you have used LifeTech’s Services in the past, we have an interest for matching the data we collect with other data we had already collected.
This enables us to understand your needs and interests, optimize the content we send you and make it more suitable and relevant to your needs.
This also enables us to improve your experience on the App and the Services by providing you with personalized content, recommendations, and features.

Disclosure of Information and Transfer of Data

Except as otherwise provided in this Privacy Policy, we reasonably attempt to ensure that we never intentionally disclose any of your Personal Information, to any third party without having received your permission, except as provided for herein or otherwise as permitted or required under law.

In order to perform our contractual and other legal responsibilities or purposes, we may, from time to time, need to share your Personal Information with third parties. We may as well share your Personal Information with our affiliates, subsidiaries or any third party service providers and individuals to facilitate our Services or any portion thereof, such as marketing, data management or maintenance services. We may also share your information with analytics service providers for analytics services. Such analytics service providers set their own cookies or other identifiers on your computer, through which they can collect information about your usage of our App. This helps us compile aggregated statistics about the effectiveness of our App and Services.

The above mentioned third parties may be located in countries other than your own, and we may send them information we receive. When such third party service providers process your Personal Information on our behalf, we will assure that they comply with obligations similar to those which are set forth in this Privacy Policy. We will also assure that they will abide by our data privacy and security requirements, and will be allowed to use the Personal Information solely for the purposes we set. We will transfer your Personal Information while using appropriate and suitable safeguards, while using a variety of legal mechanisms, including contracts, to ensure your rights and protections travel with your data.

We may also transfer your information, including Personal Information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate changes. Furthermore, information about you may also be released in order to comply with any valid legal obligation or inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if you use the App to perform an unlawful act or omission or take any act or omission that may damage LifeTech, its property and goodwill, or if there is an attempted breach of the security of the App or a physical or property threat to you or others. The authority supervising such activities is the Israeli Privacy Protection Authority, and you have the right to file a complaint to it or any other relevant supervisory authority.

Your Rights

In accordance with Section 13 of the Israeli Protection of Privacy Law, 5741-1981, you have the right at any time to request to access your information. To exercise this option, please contact us at [email protected].

Spam

The Communications Law (Telecommunications and Broadcasting), 5742-1982 (“Communications Law”) is an Israeli law that inter alia sets the rules for commercial communications, establishes requirements for such commercial communications, gives recipients the right to have emails stopped from being sent to them, and spells out strict penalties for violations.

LifeTech agrees and represents that when applicable, it will act in accordance with its obligations under Section 30(A) of the Communications Law relating to commercial communications and advertisements.

If at any time you would like to unsubscribe from receiving future commercial communications, you can email us at [email protected] and we will promptly remove you from all future correspondence.

Cookies

We may use “cookies” and/or other technologies or files (collectively, “cookies”) to identify how visitors make use of this App. This aggregated tracking information may be used to help us improve and enhance the App experience for all of our visitors. In addition, cookies are used for adjusting the App to your personal preferences. Cookies contain information such as the pages you visited, the length of time you stayed on the App, the location from which you accessed the App and more. If you would prefer not to have cookies stored on your computer, you may modify your browser settings to reject most cookies, or manually remove cookies that have been placed on your computer. However, by rejecting the cookies, you may be unable to fully access the offerings on this App. To find out more about cookies, visit www.allaboutcookies.org.

Data Security

We deploy industry standard measures to ensure the security, confidentiality, integrity and availability of the Personal Information we process. We maintain physical, technical and administrative safeguards, and test and update these periodically. We endeavor to restrict access to Personal Information on a ‘need to know’ basis for the provision of Services to you. No such measures are perfect or impenetrable. In the event of a security breach, we will take all reasonable action to minimize any harm. Although we will do our best to protect Personal Information, we cannot guarantee the security of data transmitted to our App and transmission is at the users own risk.

Data Retention

Generally, LifeTech does not retain information longer than necessary to provide its Services and for its reasonable business and lawful needs. If you withdraw your consent to us processing your Personal Information, we will erase your Personal Information from our systems, unless the Personal Information is required for LifeTech to establish, exercise or defend against legal claims or it is necessary for the performance of the requested Services.

Questions Regarding Our Privacy Policy

If you have any questions regarding this Privacy Policy or the practices described above, you are always welcome to contact us at [email protected].

Revisions and Modifications to our Privacy Policy

We reserve the right to revise, amend, or modify this Privacy Policy at any time. When changing the policy, we will update this posting accordingly. Please review this Privacy Policy often so that you will remain updated regarding our current policies.

Governing Law and Jurisdiction

This Privacy Policy will be governed and interpreted pursuant to the laws of the State of Israel without giving effect to its choice of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Privacy Policy shall be to the competent courts in Tel Aviv, Israel, to the exclusion of any other jurisdiction.

This page was updated on May 20, 2020.

LifeTec Balance Ltd. End User License Agreement

Acceptance of Agreement

This End User License Agreement ("Agreement") you are reading is a legally binding agreement between Life Tech Balance Ltd., with offices at14 Hertzel St, Kiryat Tivon, Israel ("Company", "We" or "Us") and yourself ("You"). By checking "I agree", and/or by installing, copying, downloading, accessing, or otherwise using the Company's mobile application (the "Application"). You agree that You have read, understood, accept and agree to be bound by this Agreement. If You are unwilling to accept all of the terms of this Agreement, You should not check the "I agree" checkbox and You should not download or install the Application.

The Company reserves the right, in its sole discretion, to revise or modify this Agreement at any time, and You agree to be bound by such revisions or modifications. In such case, we will post updated Agreement and indicate the date of revision on our Application and they shall take effect immediately and apply to your use of the Application. Users are responsible for viewing this Agreement periodically. Your continued use of the Application after a change or modification of these Agreement has been made will constitute your acceptance of the revised Agreement. If we feel the modifications are material, we will post a notice on our Application and/or inform You by email and such modification(s) may take effect 30 days after the change is made and identified as material. If You do not agree to the Agreement, your only remedy is to discontinue your use of the Application and to cancel any “Account(s)” (as such term is defined below) You have created for use of the Application.

From time to time updates to the Application may be issued through our website at http://www.divao35.sg-host.com or through iOS® and/or Android®. Depending on the update, You may not be able to use the Application until you have downloaded the latest version of the Application and accepted any new terms.

If You violate the Agreement, the Company reserves the right to issue You a warning regarding the violation or to immediately terminate or suspend all or part of the Accounts You have created for using the Application. You agree that the Company does not need to provide You notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.

You declare that by acceptance of this Agreement and/or by using the Application You are of legal age to form a binding contract with the Company or under the strict and continuous supervision of a parent or any other qualified legal guardian, and in any case, at least 18 years of age. You may not use the Application and may not accept this Agreement if You are a person barred from receiving the services provided through the Application under the laws of the country in which you are resident or from which You use the Application.

You further explicitly acknowledge and understand that any content provided to You in connection with your registration and/or use of the Application, including, without limitation any Behavioral and Nutrition Recommendations (as such term is defined below) is not designed to diagnose, prevent, or treat any condition or disease. You further acknowledge that we urge You to seek the advice of your physician or other health care provider if You have questions or concerns arising from your Behavioral and Nutrition Recommendations.

Description of the Application

The Company provides with a mobile device downloadable application for iOS® and Android® online application stores. The Application provides its user(s), who are diagnosed with diabetes, with online personalized behavioral including nutrition recommendations based on our analysis to the information provided to us by each user (the "Behavioral and Nutrition Recommendations").

License Grant to use the Application

The Company hereby grants You a personal, non-exclusive, non-transferable and non-sublicensable revocable license, which is time-limited to the term of this Agreement, to install the Application on one (1) mobile device/or tablet, solely for your internal use. For the removal of doubt, no commercial use may be made by You or any others on your behalf with the use of the Application without the Company's prior written consent. The Application is licensed, not sold, to You for use only under the terms of this Agreement. The Company reserves all rights not expressly granted to You.

You shall not make any copies of the Application and are expressly prohibited from providing the Application or any portion thereof, or access thereto, to any third party, except as otherwise agreed to by the Company in writing.

You shall not remove or destroy any copyright or restricted rights notices: (a) affixed to any media containing the Application; or (b) incorporated within the Application. You shall not reproduce any such copyright or restricted rights notices in any copy of the Application created by You.

The Company may make modifications, additions and upgrades to the Application, as it deems necessary. The terms of this Agreement will apply to any updates, enhancement, or extensions that the Company may make available to You unless the update is accompanied by a separate license, in which case the terms of that license will govern. You agree that updates may require You to change or update your Application, and may affect your ability to use, access or interact with the Application. The Company is not obligated to provide any maintenance, technical or other support for the Application.

You hereby acknowledge that your right to use the Application is limited by this Agreement, and, if You violate or if, at any point, You do not agree to any of this Agreement, your right to use the Application shall immediately terminate, and You shall immediately refrain from using the Application. If the Application or any part thereof is determined to be illegal under the laws of the country in which You are situated, You shall not be granted any right to use the Application, and must refrain from using the Application.

Access to the Application

It is your responsibility to ensure your mobile device, or tablet meets all the necessary technical specifications to enable You to access and use the Application. The Company does not provide You with the equipment to access and/or use our Application. You are responsible for all fees charged by third parties related to your access and use of the Application (e.g., charges by internet service providers, or air time charges).

The Application is currently to be used on devices that operate with iOS® and/or Android®.

The Company cannot guarantee that the Application will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Application, and may result in the failure of your communications, including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. the Company takes no responsibility for any disruption, interruption or delay caused by any failure of, or inadequacy in any of these items or any other items over which we have no control, including, but not limited to, failures or delays resulting from labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.

Registration

In order to use the Application, You shall be required to register or create an account (the "Account"). You can never use another account without permission. In order to find out You are qualified for the use of the Application, You will be required to fill in a questionnaire and adhere certain personal and medical criteria prior to opening the Account. Following successful qualification, and as part of the registration process You will be requested to provide certain personal data, including among others, your name, identification number, address, email address, cellphone number, payment information, certain health information such as blood tests, and any such other information (collectively, the "Registration Data").

In addition, during the process of creating the Account, You shall be required to select a password (the "Login Information"). The following rules govern the security of your Account, Data Registration and Login Information. For the purposes of this Agreement, references to Account and Login Information shall include any Account and Account information, including user names, passwords or security questions, whether or not created for the purpose of using the Application, that are used to access the Application:

You shall not share your Account or Login Information, nor let anyone else access your Account, or do anything else that might jeopardize the security of your Account;
In the event You become aware of, or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Registration Data, Login Information or unauthorized access to your Account, You must immediately notify the Company and to immediately modify your Login Information;
You are solely responsible for maintaining the confidentiality of the Login Information, and You will be responsible for all uses of your Login Information, including purchases, whether or not authorized by You;
You are responsible for anything that happens through your Account, whether or not such actions were taken by You, including, for the avoidance of doubt, actions taken by third parties. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates this Agreement, or is otherwise improper or illegal;
You undertake to monitor your Account and to restrict the use of such Account by any individual barred from accepting this Agreement and/or receiving the Application, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Application by any of the above mentioned;
The Company reserves the right to remove or reclaim any usernames at any time and for any reason, including, but not limited to claims by a third party that a username violates such third party's rights.

You agree that You will supply us accurate and complete information, and that You will update that information promptly after it changes. You represent and warrant that You have full right and authority to provide the Company with the foregoing information, including, without limitation, any third party's consent (to the extent required under any applicable law).

Account Termination

The Company may refuse access to the Application or may suspend or terminate your Account without notice, for any reason, including, but not limited to, a suspected violation of this Agreement, illegal or improper use of your Account, or illegal or improper use of the Application, User Content (as such term is defined below), products, or the Company's intellectual property as determined by the Company in its sole discretion. You may lose your user-name as a result of Account termination or suspension, without responsibility on the part of the Company for any damage that may result from the foregoing. If You have more than one Account, the Company may suspend or terminate all of your Accounts.

In addition to the foregoing, the Company may selectively remove, revoke or garnishee benefits associated with your Account. If your Account, or a particular subscription for a service associated with your Account, is terminated, suspended and/or if any benefits are selectively removed, revoked or garnisheed from your Account, no refund will be granted, no benefits will be credited to You or converted to any other forms of reimbursement, and You will have no further access to your Account or benefits associated with your Account or such particular Service.

You acknowledge that the Company is not required to provide You notice before suspending or terminating your Account or selectively removing, revoking or garnisheeing benefits associated with your Account. In the event that the Company terminates your Account, You may not participate nor make use of the Application again without the Company's express consent. The Company reserves the right to permanently delete your Recommendations and have no obligation to provide You with a copy of such. In addition the Company reserves the right to refuse to keep Accounts for, and provide access to the Application, or other Application to any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If You believe that any action has been taken against your Account in error, please contact us at: [email protected].

You are solely responsible to preserve the originals of any content You provide and/or upload to the Application. The Company does not guarantee that any content will always be available through the Application. Do not rely upon the Application as a storage space for such content.

Rules of Conduct and Usage

You represent and warrant that You have full right and authority to use the Application and to be bound by this Agreement. You agree that You will comply fully with this Agreement and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of such Application. Without limiting the foregoing and in recognition of the global nature of the internet, You agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of any persons.

You undertake that You shall not defraud, or attempt to defraud, the Company or other users, and that You shall not act in bad faith in your use of the Application. If the Company determines that You have acted in bad faith and/or in violation of this Agreement, or if the Company determines that your actions fall outside of reasonable standards, the Company may, at its sole discretion, terminate your Account and prohibit You from using the Application. In furtherance of the foregoing, and as an example and not as a limitation, You agree that You shall not:

Create an Account with or access the Application, if You are barred from receiving the Application under the provisions of this Agreement or any applicable law;
Upload, post, transmit or otherwise disseminate any material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person's view, otherwise offensive or objectionable;
Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner;
Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by the Company or by applicable statutory law), modify or alter any part of the Application;
Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Application or the mobile phones of other users of the Application;
Violate the contractual, personal, intellectual property or other rights of any party, including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Application in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
Create false personas, multiple identities, multiple user Accounts, set up an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate this Agreement and/or the Agreement of service of any third-party applications;
Attempt to obtain passwords or other private information from other members including, personally identifiable information (whether in text, image or video form), identification documents, or financial information;
Improperly use support channels or complaint buttons to make false reports to the Company;
Make representations with respect to the Company not approved in advance and in writing by the Company. You shall obtain the Company's prior written approval to the content of any marketing message, and with respect to any use of the Company's trade name and/or trademarks and/or designs in connection with the Application;
Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without the Company's prior written consent;
Access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without the Company's prior written consent;
Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Application; and/or
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Application.

The foregoing list of prohibitions provides examples and is not exhaustive or exclusive. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s sole discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Application or on the Internet.

Intellectual Property Ownership

The Company and/or its affiliates retain all rights at all times in the Application and any enhancement, upgrades, or extensions thereto (including, but not limited to, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, the "Application Materials"). The entire contents of the Application, other than the Registration Data, are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall You cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Application pursuant to this Agreement or otherwise exploit any of the Application Materials without the Company's explicit, prior written consent. The foregoing shall not apply to the Registration Data and your own User Content that You post through the Application in accordance with this Agreement. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from the Company. Any reproduction or redistribution of materials not in accordance with this Agreement is explicitly prohibited and may result in the termination of your Account as well as severe civil and criminal penalties.

The Company and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Application Materials. You hereby acknowledge that You do not acquire any ownership rights by using the Application or by accessing any of the Application Materials, or rights to any derivative works thereof.

You are not required to provide the Company with any feedback or suggestions regarding the Application or any of the Application Materials. However, should You provide the Company with comments or suggestions for the modification, correction, improvement or enhancement of the Application and/or any of the Application Materials, then, subject to the Agreement and conditions of this Agreement, You hereby grant the Company a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner the Company chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of the Company's and its sub-licensee's products and content embodying such comments or suggestions in any manner and via any media the Company chooses, but without reference to the source of such comments or suggestions.

Disclaimer of Warranty; Limitation of Liability; Indemnification
The Application and the Behavioral and Nutrition Recommendations are provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any and all acts or omissions taken or made in reliance on the Application and/or the Disclaimer of Warranty; Limitation of Liability; Indemnification.
The Application and the Disclaimer of Warranty; Limitation of Liability; Indemnification.

The Application and the Behavioral and Nutrition Recommendations are provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any and all acts or omissions taken or made in reliance on the Application and/or the Behavioral and Nutrition Recommendations. To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Application and/or the Behavioral and Nutrition Recommendations and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.

The Company assumes no liability or responsibility for any:

Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;
Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Application and/or the Behavioral and Nutrition Recommendations;
Any unauthorized access to or use of Third Party Materials (as such term is defined below), secure servers and/or any and all personal information and/or financial information stored therein;
Any interruption or cessation of transmission to or from the Application;
Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Application by any third party;
Any results that may be obtained from the use of the Application and/or Behavioral and the Nutrition Recommendations;
The quality of any information, or other material obtained by You through the Application;
Any content which is published, displayed and/or suggested through the Application, its integrity, accuracy and/or reliability, including, inter alia, Behavioral and the Nutrition Recommendations; or
Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Application including, inter alia, Behavioral and the Nutrition Recommendations.

Without derogating from the abovementioned, in no event will the Company, its directors, officers, agents, contractors, partners, consultants and/or employees, be liable to You or any third person for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any lost profits or lost data arising from your use of and/or reliance upon the Application or other materials on, accessed through or downloaded from the Application, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the Company shall not be liable for any user submissions and/or defamatory, offensive and/or illegal conduct by any third party, and that the risk of harm or damage from and/or associated with the foregoing rests entirely with You. Without derogating from the aforementioned, in any event the Company's maximum liability in all cases and from all causes of action shall be limited to the total amount of all fees actually paid by You to the Company hereunder in the twelve (12) months preceding the event purportedly giving rise to the damage.

Behavioral and Nutrition Recommendations are provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any and all acts or omissions taken or made in reliance on the Application and/or the Behavioral and Nutrition Recommendations. To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Application and/or the Behavioral and Nutrition Recommendations and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.

The Company assumes no liability or responsibility for any:

Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;

Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Application and/or the Behavioral and Nutrition Recommendations;
Any unauthorized access to or use of Third Party Materials (as such term is defined below), secure servers and/or any and all personal information and/or financial information stored therein;
Any interruption or cessation of transmission to or from the Application;
Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Application by any third party;
Any results that may be obtained from the use of the Application and/or the Behavioral and Nutrition Recommendations;
The quality of any information, or other material obtained by You through the Application;
Any content which is published, displayed and/or suggested through the Application, its integrity, accuracy and/or reliability, including, inter alia, the Behavioral and Nutrition Recommendations; or
Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Application including, inter alia, the Behavioral and Nutrition Recommendations.

Behavioral and Nutrition Recommendations. To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Application and/or the Behavioral and Nutrition Recommendations and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.

The Company assumes no liability or responsibility for any:

Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;

Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the Application and/or the Behavioral and Nutrition Recommendations;
Any unauthorized access to or use of Third Party Materials (as such term is defined below), secure servers and/or any and all personal information and/or financial information stored therein;
Any interruption or cessation of transmission to or from the Application;
Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Application by any third party;
Any results that may be obtained from the use of the Application and/or the Behavioral and Nutrition Recommendations;
The quality of any information, or other material obtained by You through the Application;
Any content which is published, displayed and/or suggested through the Application, its integrity, accuracy and/or reliability, including, inter alia, the Behavioral and Nutrition Recommendations; or
Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Application including, inter alia, the Behavioral and Nutrition Recommendations.

you hereby further acknowledge that through the application you may receive Behavioral and nutrition recommendations and related information, based on data you provided through your use of the application. the company provides no representations or guarantees whatsoever regarding the accuracy, quality, or integrity of any such information, and the company, as well as any of its officers, directors, employees, and agents, shall under no circumstances be liable for any damages which may be caused to you or anyone on your behalf, as a result of such information or the reliance thereupon. the entire risk related to any use of such information lies solely with you and any such use is subject to your sole discretion.

without derogating from the foregoing, you hereby acknowledge that the Behavioral and nutrition Recommendations are based on data provided by you through your use of the application and does not take into account any other possible effect over your health. We are not and shall not be responsible for any adverse effect over any diseases, allergies or other medical of physical condition you may have or changes of your weight.

No health care, medical advice or diagnostics are provided in connection with the use of the application and we are not a health care organization, health service provider, dietitians or a medical organization, and the use and/or reliance upon the application and/or the Behavioral and nutrition recommendations does not constitute medical advice, treatment or diagnosis. The recommendations are behavioral counseling and is not a substitute for seeking professional medical advice or services. you should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.

In the event You are dissatisfied with, or dispute, this Agreement and/or the Application, your sole right and exclusive remedy is to terminate your use of the Application, even if that right or remedy is deemed to fail of its essential purpose. You confirm that the Company has no other obligation, liability or responsibility to You or any other party.

You further agree to indemnify and hold the Company, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following:

Your use of, reliance upon, and access to the Application and/or the Behavioral and Nutrition Recommendations;
Your violation of any term of this Agreement;
Your violation of any third party right, including without limitation any copyright, property, or privacy right;
Any claim that any user submission made by You has caused damage to a third party; or
Any User Content You post or share on or through the Application.

Third Party Material

You may be able to access, review, display or use third party services, resources, content, information or links to other websites or resources ("Third Party Materials") via the Application. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and the Company disclaims any liability that You may incur arising from your access to, use of or reliance upon such Third Party Materials through the Application. You acknowledge and agree that the Company: (i) is not responsible for the availability, accuracy, integrity, quality or lawfulness of such Third Party Materials or the products or services on or available from such Third Party Materials; (ii) has no liability to You or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the Application. Your ability to access or link to Third Party Materials or third party Application does not imply any endorsement by the Company of Third Party Materials or any such third party services.

This Agreement does not authorize You to, and You may not use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against You for any unauthorized use of their Third Party Materials.

Without derogating from any of the Company's rights and remedies under this Agreement and/or under law, the Company will be entitled, at its sole discretion, to immediately discontinue the Application or any part thereof, including the termination of your Account, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.

You may not use any Third Party Materials for which You have not obtained appropriate approval to use. The Company cannot grant permission to use third party content.

Links, Search Engines

The Application may contain links to other websites or resources ("Linked Sites"). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. You acknowledge and agree that the Company will 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 such content, goods or services available on or through any such site or resource.

Notices

Notices to You may be made via the Application and/or e-mail. The Company may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to You generally on the Application. You agree that all agreements, notices, disclosures and any other communications that the Company provides as aforementioned satisfy any legal requirement that such communications be in writing. Any and all e-mail notices sent to You will constitute sufficient and effective delivery and notice to You, whether or not You access or review the notice and shall be deemed to have been delivered to You, whether actually received by You or not.

Miscellaneous

By using the Application, You agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern this Agreement and any dispute of any sort that might arise between You and the Company. You expressly agree that the 1980 – United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Any claim or dispute between You and the Company that arises in whole or in part from your use of the Application shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel.

Regardless of any statute or law to the contrary, You agree that any claim or cause of action arising out of or related to the Application must be commenced by You within six (6) months after the cause of action accrues. Otherwise, such cause of action is permanently barred.

The failure by the Company to enforce any provision of this Agreement, will not constitute a waiver of future enforcement of that or any other provision. If, for any reason, a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.

This Agreement constitute the complete and exclusive agreement between the Company and You regarding Application use and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to the Application use.

For any questions about this Agreement or any other issue regarding the Company or the Application please contact us at: [email protected]

Last update: March 26, 2024