Saverone 2014 Ltd. End User License Agreement

PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP.  

By clicking the “accept” or “ok” button, or installing and/or using the SaverOne mobile software application (the “App“) you (the “Customer”, “your” or “you”) expressly acknowledge and agree that you are entering into a legal agreement with Saverone 2014 Ltd. (“SaverOne“, “we“, “us“, “our” or “The Company”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement“).  You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.  If you do not agree to be bound by this Agreement please do not download, install or use the App. This Agreement is effective upon Customer’s acceptance of it in the course of the Registration (the “Effective Date”).

1. Certain Definitions.
   • “Affiliate” means, as to a party, any other entity that directly or indirectly controls, is under common control with, or is controlled by, such party; as used in this definition, “control” and its derivatives mean possession, directly or indirectly, of power to direct the management or policies of an entity.
   • “Applicable Data Protection Laws” means (1) Directive on privacy and electronic communications 2002/58/EC, in as transposed into domestic legislation of each Member State of the European Economic Area and as amended, replaced or superseded from time to time; (2) the EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council (“GDPR” and collectively with the foregoing “EU Data Protection Laws”), any data protection laws substantially amending, replacing or superseding the GDPR following any exit by the United Kingdom from the European Union (collectively the “UK Data Protection Laws”); (3) (4) the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq., (“CCPA”) and its implementing regulations (6) and the data protection or privacy laws and regulation of any other country without limitation as may be applicable to the relationship between the parties.
   • “Application” means the online service offered by The Company, together with any associated software applications, database structures and queries, interfaces, System Interfaces, tools, and the like, together with any and all revisions, modifications, and updates thereof, as made available by The Company to Customer pursuant to this Agreement.
   • “Confidential Information” means any information of any type in any form that (i) is disclosed to or observed or obtained by one party from the other party (or from a person the recipient knows or reasonably should assume has an obligation of confidence to the other party) in the course of, or by virtue of, this Agreement and (ii) either is designated as confidential or proprietary in writing at the time of such disclosure or within a reasonable time thereafter (or, if disclosure is made orally or by observation, is designated as confidential or proprietary orally by the person disclosing or allowing observation of the information) or is of a nature that the recipient knew or reasonably should have known, under the circumstances, would be regarded by the owner of the information as confidential or proprietary. Without limiting any other provisions of this Agreement, and whether or not otherwise meeting the criteria described herein, the Application, Customer Data, and the content of this Agreement (other than the fact of its existence and the identities of the parties hereto) shall be deemed conclusively to be Confidential Information. For purposes of this Agreement, however, the term “Confidential Information” specifically shall not include any portion of the foregoing that (i) was in the recipient’s possession or knowledge at the time of disclosure and that was not acquired directly or indirectly from the other party, (ii) was disclosed to the recipient by a third party not having an obligation of confidence of the information to any person or body of which the recipient knew or which, under the circumstances, the recipient reasonably should have assumed to exist, or (iii) is or, other than by the act or omission of the recipient, becomes a part of the public domain not under seal by a court of competent jurisdiction. A selection or combination of information will not meet any of the foregoing exceptions solely because some or all of its individual component parts are so excepted and will meet such exception(s) only if the selection or combination itself is so excepted. In the event of any ambiguity as to whether information is Confidential Information, the foregoing shall be interpreted strictly and there shall be a rebuttable presumption that such information is Confidential Information.
     The Excultions mentioned in this section will not apply to the Company’s PII.
   • “Customer Data” means all data entered into the Application (i) by the Customer (ii) by Customer Users or (iii) by or on behalf of Customer pursuant to a conversion of data from another system or system interface with another system, in each case as such data is maintained in the Application from time to time.
   • “Customer User” means an employee or individual independent contractor of Customer or of an Affiliate of Customer duly authorized by Customer to use the Application pursuant to The Company’s then-current procedure for such authorization. For the avoidance of doubt, the System Administrator is a “Customer User”.
   • “Documentation” means all documentation (whether printed or in an electronic retrieval format) supplied or made available to Customer by The Company for use with or in support of the Application or its implementation, including without limitation any and all revisions, modifications, and updates thereof as may be supplied or made available by The Company to Customer during the term of this Agreement and all copies thereof made by or on behalf of Customer.
   • “Licensed Materials” means the Application and the Documentation.
   • “System Administrator” means the individual identified as such in the Registration or such substitute designated by Customer from time to time in accordance with The Company’s then-current procedures therefor.
   • “System Interfaces” means a system interface for transfer of data between the Application and another system utilizing an application programming interface (API) provided by The Company to Customer.
2. Ability to Accept. By installing the App, you affirm that you have a driving license. If you are under the age of eighteen (18) years then, prior to installing the App, you must first review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand its terms and conditions and agree to them.
3. Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License“) to: (i) download, install and use the App on a mobile telephone (the “Device“) that you own or control; and (ii) access and use the App on that Device in accordance with this Agreement.
4. License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the App; (ii) make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the App; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the App or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vii) use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications; (viii) use the Saverone name, logo or trademarks without our prior written consent; and/or (ix) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
5. Background and Setting Requirements. The App, together with its hardware to be installed in a specific vehicle (the “Vehicle“), is intended to block certain applications, as shall be defined from time to time by Saverone, in order to prevent use of such applications while driving the Vehicle (“Blocked Applications“). Any incoming notifications from Blocked Applications will not be displayed on the Device, until the drive has ended. You hereby acknowledge and confirm that the activation and the proper operation of the App requires setting the Device on a “Wi-Fi” or “Bluetooth” mode. Failure to comply with such requirement upon your entrance to the Vehicle’s driver seat may trigger various available means that may disrupt your use of the Vehicle and/or the Device (including an alarm triggered in the Vehicle).
6. In order to use some of the App features you will be required to register to the App and provider your full name as well as other information as will be required from time to time. 
7. Location Data. Certain features or functionality (“Features“) of the App may collect or be dependent on data related to your geographic location (“Location Data“). We shall use the Location Data in accordance with our Privacy Policy (defined below).  If you do not provide or make such Location Data accessible, then the Features may be limited or not operate.
8. Intellectual Property Rights.
   • Ownership. The App is licensed and not sold to you under this Agreement and you acknowledge that SaverOne and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the App (and its related software). We reserve all rights not expressly granted herein to the App. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic. 
   • Content. The content on the App, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials“), and the trademarks, service marks and logos contained therein (“Marks“, and together with the Materials and User Submissions, the “Content“), is the property of SaverOne and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties.  The SaverOne logo is Marks of SaverOne and its affiliates.  All other Marks used on the App are the trademarks, service marks, or logos of their respective owners.
   • Use of Content. The content on the App is provided to you “As Is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content, you must retain all copyright and other proprietary notices contained therein. The Company has and retains exclusive ownership of the Licensed Materials and all intellectual property and proprietary rights therein. Customer acknowledges that the foregoing constitutes valuable assets and may constitute trade secrets of The Company or its licensors.
9. • The License granted hereunder is currently for We may in the future charge a fee for certain features and/or uses. You will not be charged for any such uses of the App unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the App.
   • Please be aware that your use of the App require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.
10. Information Description. We attempt to be as accurate as possible.  However, we cannot and do not warrant that the content available on the App is accurate, complete, reliable, current, or error-free.  We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content.
11. License to Use Customer Data. Customer grants to The Company a non-exclusive, transferrable, sublicensable, worldwide, royalty-free license to use and disclose Customer Data as necessary to perform its obligations under this Agreement and for purposes of (i) monitoring, improving, and correcting the performance of the Application, developing enhancements to the Application, developing new products, and other internal business purposes; (ii) compiling statistical information (including without limitation aggregating Customer Data with other data); (iii) aggregating Customer Data with other data; (iv) creating de-identified versions of Customer Data; and (v) in perpetuity using, reproducing, preparing derivative works of, and distributing such aggregated or de-identified data for any lawful purpose and to grant sublicenses for the foregoing. Customer represents and warrants that it owns or has the legal right and authority and will continue to own or maintain the legal right and authority, to grant to The Company the license set forth herein. Customer further represents and warrants that it has provided all necessary notices to process the Customer Data and to transfer the Customer Data to The Company. Customer shall indemnify, defend, and hold harmless The Company, its affiliates, and their respective directors, officers, employees, and agents from and against any Losses arising from or related to a claim of a third party with respect to a breach of the foregoing representations and warranties of Customer.
    • Processing and transferring personal data. We are processing and storing Data in the state of Israel, where Saveron’s headquarters are located. We also transfer Data to Netherlands, where our cloud service providers servers are located. We will process and transfer any personal Data that we may collect or obtain in connection with the Agreement in accordance with our Privacy Policy which is available at https://www.saver.one/privacy-policy. In addition to the many security and privacy controls that we have put in place, we also use the EU’s Standard Contractual Clauses (SCC) as a valid transfer mechanism according to the GDPR when we need to transfer Personal Information outside of the EU or adequate level countries.

You agree that we may use personal Data that you provide or make available to us in accordance with the Privacy Policy. We strongly recommend that you review the Privacy Policy closely. You should take care to protect private information or information that is important to you.  You are obligated to cooperate with Saverone on any Privacy or Security issue derived from the use of or access to the Services. Including, as reasonably required, implement privacy or security measures as may be needed to maintain Saverone’s privacy and security level.

12. Customer Responsibilities and Restrictions.
    • Customer Connection to Application. Customer shall be responsible for selecting, obtaining, and maintaining any equipment and ancillary services needed to access the Application, in each case meeting any information technology environment criteria described in our Terms of Use and Privacy Policy.
    • System Administrator. Customer acknowledges and agrees that the System Administrator, utilizing mechanisms provided therefor within the Application, will have the sole responsibility for authenticating and provisioning access to the Application for other Customer Users and for disabling access to the Application for Customer Users. Customer shall cause the System Administrator to perform such authentication in accordance with generally accepted information security standards and shall cause the System Administrator to disable such access immediately upon the termination of employment or engagement of any Customer User by Customer or its Affiliate or when a Customer User otherwise is no longer eligible to use the Application pursuant to this Agreement. Customer shall notify The Company immediately, by telephone and in writing, to disable access to the Application for a System Administrator who is terminated or otherwise is no longer eligible to use the Application pursuant to this Agreement.
    • Account Passwords and Data Security. Customer shall maintain and cause to be maintained the confidentiality of all user IDs and passwords of Customer Users, including implementing and enforcing policies and procedures as reasonable and appropriate thereto, and Customer at all times shall maintain (and shall cause any Affiliate having Customer Users to maintain) adequate technical, physical, and administrative safeguards, including access controls and system security requirements and devices, to ensure that access to the Application by or through Customer is limited to Customer Users. Customer shall be solely responsible for all use or misuse of the user IDs of Customer Users, and except as otherwise required by applicable law The Company shall have no obligation to monitor for or report any use or attempted use of the user IDs of Customer Users. All such user IDs and passwords are deemed to be Confidential Information of both Customer and The Copmany. Customer shall take reasonable steps to ensure that Customer Users not share user IDs or passwords. Customer shall be responsible for maintaining the user ID and resetting the password for the System Administrator if the person responsible for such account for Customer is terminated or otherwise is no longer eligible to use the Application.
    • Compliance with Laws. Customer represents, warrants, and covenants that it and its System Administrator and Customer Users will only use the Services and Licensed Materials in a manner that complies with all applicable laws, regulations, rules, and other authorities. Customer and its System Administrator and Customer Users shall not use the Licensed Materials or the Services to collect, store, receive, process, use, disclose, manipulate, track or distribute any information, including Customer Data, or otherwise interact with any individual in violation of applicable laws, regulations, rules, and other authorities.
    • Prohibited Uses. Customer and the Customer Users shall not do, nor shall they authorize any person to do, any of the following by or through the Licensed Materials or Services: (i) collect, store, receive, process, use, disclose, manipulate, track, or distribute any content or data that is illegal or promotes illegal acts, involves minors, encourages or incites violence or dangerous acts, or is discriminatory, derogatory, hateful, abusive, racist, fraudulent, defamatory, libelous, obscene, pornographic, unlawful, harassing, violent, or threatening; (ii) access, connect to, or retrieve data from any third-party system, service, application, or site that does not permit such access, connection, or retrieval; (iii) threaten, harass, bully, or encourage others to do so; (iv) promote or condone discrimination or violence against individuals or groups based on race, ethnic origin, religion, disability, gender, age, nationality, veteran status, political affiliation, or sexual orientation/gender identity; (v) gain or attempt to gain access to any software applications, computer systems, or data not expressly authorized under this Agreement; (vi) violate any applicable law, regulation, ordinadance, or guideline; (vii) infringe the rights of any other person, including intellectual property rights (for example, any patent, trademark, trade secret, copyright, or other proprietary rights) or rights of publicity or privacy; (viii) impersonate any person or entity; (ix) act in a manner that is discriminatory, derogatory, hateful, abusive, racist, fraudulent, defamatory, libelous, obscene, unlawful, harassing, violent, or threatening; (x) collect, store, receive, process, use, disclose, manipulate, track or distribute any computer viruses, worms, trojan horses, back door, trap door, time bombs, malware, or other malicious code; (xi) hack the Licensed Materials or related systems or networks or otherwise attempt to harvest, access, or collect information of other Company users or customers; (xii) generate fraudulent impressions of deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots, agents or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; (xiii) extract data from hate-related websites, websites that promote violence, websites that include content prohibited by these terms, or illegal drug-related websites; (xiv) process data on behalf of any third party, unless the third party is also subject to this Agreement; (xv) engage in any action or practice that reflects poorly on The Company or otherwise disparages or devalues The Company’s reputation or goodwill; (xvi) otherwise use the Licensed Materials, Customer Data, or any other data associated with the foregoing for any purpose or in any manner not specifically authorized by this Agreement; or (xvii) attempt to do or assist any party in attempting to do any of the foregoing.
    • Monitoring. Although The Company has no obligation to monitor use of the Licensed Materials, The Company may do so and may prohibit any use of the Licensed Materials The Company believes may be (or is alleged to be) in violation of applicable laws, regulations, or this Agreement.
    • Disclaimer. The Company shall not be liable to Customer for any Loss arising out of or relating to Customer’s failure to comply with its obligations set forth in this Section.
13. • Security of Confidential Information. The Company follows generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Confidential Information submitted to us. Each party possessing Confidential Information of the other party will maintain all such Confidential Information under reasonably secure conditions, using reasonable security measures and in any event not less than the same security procedures used by such party for the protection of its own Confidential Information of a similar kind.
    • Non-Disclosure Obligation. Except as otherwise may be permitted by this Agreement, neither party shall disclose any Confidential Information of the other party to any third party without the express prior written consent of the other party; provided, however, that either party may disclose appropriate portions of Confidential Information of the other party to those of its employees, contractors, agents, and professional advisors having a substantial need to know the specific information in question in connection with such party’s exercise of rights or performance of obligations under this Agreement provided that all such persons (i) have been instructed that such Confidential Information is subject to the obligation of confidence set forth by this Agreement and (ii) are bound by contract, employment policies, or fiduciary or professional ethical obligation to maintain such information in confidence.
    • Compelled Disclosure. If either party is ordered by a court, administrative agency, or other governmental body of competent jurisdiction to disclose Confidential Information, or if it is served with or otherwise becomes aware of a motion or similar request that such an order be issued, then such party will not be liable to the other party for disclosure of Confidential Information required by such order if such party complies with the following requirements: (i) if an already-issued order calls for immediate disclosure, then such party immediately shall move for or otherwise request a stay of such order to permit the other party to respond as set forth in this paragraph; (ii) such party immediately shall notify the other party of the motion or order by the most expeditious possible means; (iii) such party shall not oppose a motion or similar request by the other party for an order protecting the confidentiality of the Confidential Information, including not opposing a motion for leave to intervene by the other party; and (iv) such party shall exercise reasonable efforts to obtain appropriate assurance that confidential treatment will be accorded the Confidential Information so disclosed.
    • Non-Use Obligation. Except as expressly authorized in this Agreement, during the term of this Agreement and forever thereafter (or for such shorter period as may be imposed by applicable law), neither party shall use any Confidential Information of the other party, except at the request of and for the benefit of such other party, without the express prior written consent of the other party.
    • Reports of Misappropriation. Each party shall report to the other party without unreasonable delay any act or attempt by any person of which such party has knowledge or reasonably suspects (i) to use or disclose, or copy Confidential Information without authorization from the other party or (ii) to reverse assemble, reverse compile, or otherwise reverse engineer any part of the Confidential
    • Post-Termination Procedures. Except with respect to any Information expressly provided in this Agreement, promptly upon the expiration or any termination of this Agreement or other expiration or termination of a party’s right to possess and/or use Confidential Information, each party shall turn over to the other party (or destroy and certify the same in writing, if agreed in writing by the other party) any embodiments of any Confidential Information of the other party.
14. We will use any personal information that we may collect or obtain in connection with the App in accordance with our Privacy Policy which is available at www.saver.one  (“Privacy Policy“), and you agree that we may do so. Please also be aware that certain personal information and other information provided by you in connection with your use of the App may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access.
15. Notices to you may be made via either email or regular mail to the address in The Company’s records. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to The Company shall be sent in writing to our mailing address at: support@saver.one.
16. Warranty Disclaimers.
    • THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
    • WE DO NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE, THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL CODE or that WE will correct any errors in the APP. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM (I) FAILURE TO RECEIVE AND/OR DELAYED RECEIPT OF ANY COMMUNICATION FROM THE BLOCKED APPLICATIONS AS A RESULT OF THE APP AND/OR ITS ACTIVATION AND (II) TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
    • WE EXPRESEELY DO NOT WARRANT, AND EXPRESELY DISCLAIMS ANY WARRANTRY, IMPLIED OR EXPRESEE, THAT THE USE OF THE APP WILL PREVENT YOUR’S AND/OR THE VEHICLE’S INVOLVMENT IN ANY CAR ACCIDENT.
    • Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
17. Limitation of Liability.
    • UNDER NO CIRCUMSTANCES SHALL SAVERONE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
    • IN ANY EVENT, SAVERONE’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE LOWER OF THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO SAVERONE FOR USING THE APP OR 50$.
    • IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE THE COMPANY, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH THE SERVICES OR YOUR ACCESS AND USE OF THE SERVICES.
18. You agree to defend, indemnify and hold harmless Saverone and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the App; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.  Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it.  You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval. 
19. Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the App nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. 
20. Updates and Upgrades. We may from time to time provide updates or upgrades to the App (each a “Revision“), but are not under any obligation to do so.  Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you.  You consent to any such automatic updating or upgrading of the App.  All references herein to the App shall include Revisions.  This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
21. Third Party Software and Other Works. Portions of the App may include third party software and other third party copyrighted works, including but not limited to third party open source software, that is subject to third party terms and conditions (“Third Party Terms“).  A list of such third party software, other third party copyrighted works and related Third Party Terms is available at saver.one/open-source.  If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party software.

22. Term and Termination.
    • This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App. 
    • Upon termination of this Agreement, you shall cease all use of the App. This Section ‎16 and Sections 8 (Intellectual Property Rights), 16 (Privacy), 18 (Warranty Disclaimers), ‎19 (Limitation of Liability), 20 (Indemnity), and 26 (Assignment) through 30 (Distributor Requirements and Usage Rules) shall survive termination of this Agreement.
23. The Services may provide, or third parties may provide, links to other Internet websites or resources. Because The Company has no control over such websites and resources, you acknowledge and agree that The Company is not responsible for the availability of such websites or resources and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, advertising, products, services or other materials available on or through any such website or resource.
24. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Saverone without restriction or notification.
25. We reserve the right to modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the App.  Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the App thereafter means that you accept those changes.
26. Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Yaffo, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.  Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. 
27. This Agreement, and any other legal notices published by us in connection with the App, shall constitute the entire agreement between you and Saverone concerning the App and / or the services.  In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice.  No amendment to this Agreement will be binding unless in writing and signed by Saverone.  If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.  No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
28. Distributor Requirements and Usage Rules.
    • Apple. If you download the App from the Apple, Inc. (“Apple“) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:

• You acknowledge and agree that:
  • this Agreement is concluded between Saverone and you only, and not with Apple, and Saverone and its licensors, and not Apple, are solely responsible for the App and the content thereof.
  • your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
  • the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone iPad, or other Apple-branded product that you own or control and that runs the iOS
  • Saverone is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
  • Saverone is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you.  To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Saverone’ sole responsibility;
  • Saverone, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, including in connection with the App’s use of HealthKit and HomeKit frameworks;
  • in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
  • Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
• You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• If you have any questions, complaints, or claims regarding the App or the services, please contact SaverOne at:

               Email:                   support@saver.one

Address:      94, Em-Hamoshavot Rd., -Petach Tikva – Israel

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

Last updated:  December 2022.