TERMS OF USE
Terms of Use

Welcome to Smoodji, a messaging application that provides various instant messaging and communication methods including features driven by augmented reality and face tracking technology.

PLEASE READ ALL OF THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT LEGAL INFORMATION REGARDING YOUR RIGHTS, DUTIES, SCOPE OF REMEDIES, ETC., WHICH YOU WILL BE BOUND BY AS A LEGAL AGREEMENT.

The Terms

The Terms. These Terms, the Privacy Policy http://www.smoodji.com/privacy_policy.html of the App and any other policy, guidelines or terms published by the App or applying to any service you may use in connection with the App, together or separately, as relevant, hereby - the "Terms". The Terms set forth the legally binding agreement for accessing the App and any of the services supplied by it.

Agreement to the Terms

ANY USE OF ANY KIND OF THE APP OR ANY OF IT SERVICES SHALL CONSTITUTE AN AGREEMENT TO THESE TERMS. PLEASE DO NOT MAKE ANY USE OF THE APP UNLESS YOU AGREE TO THE TERMS AS DEFINED ABOVE.

If you wish to read these Terms more easily, please visit our website at http://www.smoodji.com.

"The App" (or "we" or "us") in these Terms shall include the digital application called "Smoodji", any related service and, where appropriate, also the owners of the App (AR YOU READY LTD., Company No. 515376192 , Israel), the managing body of the App, its operators and any of its managers, employees, shareholders and any other representative.  The App. future includes online services on the www.smoodji.com website.

Modifications to the Terms. You should check the Terms periodically for modifications. We may modify the Terms from time to time without notice. If we make material changes to the Terms we will post the revised Terms and the effective date thereof. Any continued use by you of the App or any of its services after the posting of such modified Terms shall be deemed to indicate your explicit agreement to such modified Terms. Accordingly, if at any time you do not agree to be subject to any modified Terms, you should no longer use the Service or the App.

Use of the App

Registration to the App. When you install the App, you will be requested to enter your account details. All of them are not mandatory and you may not complete any or all of them. But please note that should you choose not to complete them, you may not be able to use any or all of the App's services and your enjoyment of the App. May be reduced.

No use for 13 years old or younger. We do not allow 13 years old children to register or operate our App. If you are that age or younger, please do not use the App., and always ask your parent for her review and permission. We will remove any account which we will learn (to the best of our understanding and judgment) is operated by a child younger than 13 years old. We do not knowingly collect any identifying information related to a 13 years old or younger child

The App.'s functionality. The App. allows you to use several contact methods using its interface, and to include within it your recorded messages with our Smoodji animations embedded in your own facial expression and voice. Later you can also use the resultein Smoodji in various manners, as our interface allows. Your videos and messages may include certain watermarks or other proprietary marks and notices.

No back-up. We do not keep any Content (as defined below) or any of you video clips or messages backed-up. This is your sole responsibility if you so wish, to save it with your device.

The App.'s services may not be free. The App. includes both free and paid-for content. We are under no obligation to allow any free content, we may request payment for any content that was free prior to our decision or we may supply for free content that earlier was paid-for. We may (but under no obligation) chose to allow you some benefits should this happen, subject to our sole discretion.

Any activity in your account is your own responsibility.Please check carefully any details you submit to the App., any message you may record or send and any other activity you (or anyone else) perform under your account, as you will be personally responsible for any such activity and its results.

Safe use of the App. During use of the App., please be aware of your surroundings and act safely. You must be aware and agree that any use of the App. is solely at your own risk. It is your responsibility to avoid any liability, hazard, personal injury, medical, life, damage to others or other damages. You also agree not to use the App. as an aid to any violation of any law, rule, or regulation.

Without limiting the foregoing, you agree that in conjunction with your use of the App. you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, the App. (and any of its individuals) specifically disclaims all liability related to any damage, injury, or death that may occur during your use of the App.

Grant of Rights. Subject to your compliance with all the Terms (and subject to the payment of any applicable fees, if relevant) the App. grants you a limited, revocable, non-transferable, non-exclusive license to download and install a copy of the App., to access and use the App., subject to its interface and regular uses, solely for your own personal, non-commercial purposes solely on any Apple-branded products.

The License granted to you. We hereby grant you a revocable, limited, non-exclusive, non-transferable license to access and use the App. in accordance with normal use of its interface and any relevant condition in the Terms or law.

No breach of third party's terms of Agreement. You must comply with any applicable third party's terms of agreement when using the App., and not be in breach of any such terms.

Inviting your friends. The App. includes a functionality that allows you to invite your friends to use the App., and increase the number of your friends using the App.. Please use this functionality reasonably, do not harass anyone and do not send any invites to friends you have reason to believe will not accept such invites as acceptable.

You may not: To the extent permissible by applicable law, you may not, nor may not permit any other person or entity to:

Sublicense, redistribute or lease any portion of the App., your account therein or any of the content you create using the App.;

Reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the App. or create derivative works from any content created using it;

Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any use of or access to the App.; or

Copy, reproduce, capture, store, retransmit, distribute or otherwise make any use not in accordance with the app.'s interface or while removing the App.'s logo, mark or any notification included within.

Conduct prohibited. The following is a non inclusive list of the kinds of conduct that is forbidden on the App., including conduct that is -

Illegal and violating or encouraging violation of any applicable law, regulation or legal requirements, including but not limited to intellectual property breach (such as copyright, trademarks, patents, etc.), privacy breach, libel, and any other illegal, tortuous, breaching, damaging, harmful or inappropriate activity (or any conduct that promotes or provides instructional information relating to any such illegal activity and conduct;

defaming, abusing, harassing, harming, stalking, threatening or otherwise violating or advocating such violation of the legal rights (including the rights of privacy and publicity) of another person or group of individuals

sending, uploading, posting, transmit, sharing or otherwise making available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive Content or message and also any such Content of commercial value or advertisements, pyramid scheme or other objectionable or commercial Content;

promoting or engaging in discrimination, bigotry, racism, hatred, or harassment against any individual or group of individuals;

impersonating or attempting to impersonate another person or your affiliation with certain entities;

soliciting passwords or other personal information (such as addresses, social security numbers, etc.) from other users;

using the account, username, or password of another at any time or disclosing your password to any third party or permitting any third party to access your account;

accessing data or code that is not intended for the users of the App., or gaining unauthorized access to an account, server or any other computer system;

attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

transmitting any worms, viruses Trojan horses or any other malware or items of destructive characteristics;

any automated use of or access to the App., including but not limited "bots", "robots", "spiders", etc. that accesses the App. in a manner that sends request messages to the App.'s servers more than a human can reasonably produce in the same period of time by using a conventional on-line web browser or mobile device.

attempting or interfering with the function of the App., host or network, including, without limitation, via means of submitting a virus to the App. or its users, overloading, "flooding", "mailbombing", "crashing", "DDOS attacks", "malware" or sending unsolicited e-mail, including promotions and/or advertising of products or services and also taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the App.'s or users' infrastructure;

circumventing, disabling or otherwise interfering with security-related features or other digital-rights-management features of the App.;

tampering with, changing, damaging or making any other use of public or non-public areas of the App. and its services, its computer systems, its servers, or any related technical system;

using, displaying, mirroring or framing in any technical manner of any of the App. modules , animations or services, trademark (whether registered or not), logos, design, etc.

use, display, mirror, or frame the Services or any individual element within the Services, Niantic’s name, any Niantic trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Niantic’s express written consent;

avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measures implemented by us to protect or limit the access or uses of the App. and any of its services;

use any meta tags or other hidden text or metadata utilizing the App.'s trademark, logo, URL, or product name without our prior express written consent and also forging any TCP/IP packet header, meta data or any part of the header information in any email or group posting, or in any way use the services or Content to send altered, deceptive, or false source-identifying information;

attempting to decipher, decompile, disassemble, or reverse engineer any of the software used by the App.;

deleting, obscuring, or in any manner altering any credit, attribution, warning, or link that appears in the App. or the Content;

using the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of yourself or any third party or in a manner not permitted by these Terms, including but not limited to (a) gathering in App. Coins, Virtual Goods or any other resources for sale in or outside the App., not using the App.'s natural interface, (b) performing services in the App. in exchange for payment outside the App., or (c ) selling, reselling, renting, or leasing the App. or your account therein;

collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

Monitoring the uses and Content. We do not undertake and are not obligated in any way to monitor any access to or use of the App., and any of its services or Content or to review or edit any Content, we reserve and hold the right to do so subject to our sole discretion. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Virtual Currency and goods

Virtual currency - Coins. The App. includes virtual currency ("Coins") and may include virtual goods. Coins are what allows you to purchase certain Content and virtual items or services made available expressly by the App. ("Virtual Goods"). Purchase of Coins may be made in-app. Coins may have different values and prices in various countries and depending on your Internet Provider, your history with the App. and other relevant elements. Coins are not transferable, and we reserve the right to delete any Coins which were transferred in any way from a user to another user, without prior notice. You will have no claim should we choose to do that, even if we are mistaken.

Purchase of Coins. The purchase of Coins and Virtual Goods is limited to account holders who are either (a) 18 years of age or older; or (b) under the age of 18 and have the consent of a parent to make the purchase. Parents of children under the age of 18 can consult the iOS or Google Play settings for their App to restrict in-App purchases, but should also monitor their children’s accounts for unexpected activity, including the purchase of Coins or Virtual Goods.

No ownership of users in Coins. Coins is a category of Content, so the purchase of Coins grants you only a limited, nontransferable, non-sublicensable, revocable license to use such Coins to access and purchase Virtual Goods in conjunction with your personal, noncommercial use of the App.. You acknowledge that you do not acquire any ownership rights in or to the Coins, Virtual Goods, or other Content; any balance of Virtual Goods or Coins does not reflect any stored value.

No monetary value to Coins You agree that Coins and Virtual Goods have no monetary value and do not constitute actual currency or property of any type. Coins may be redeemed only for Virtual Goods and can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from us or anyone else. You also agree that you will only obtain Coins and/or Virtual Goods from us and through means provided by us, not misuse our interface and not purchase them from any third-party platform, exchange, broker, or other mechanism. Once you acquire a license to Coins or Virtual Goods, you may not trade or transfer the Coins or Virtual Goods to another individual or account, unless such functionality is provided to you by us by way of a feature or service in the actual interface, whether inside the App or through some other method (e.g., our website).

Cancellation of Coins. We may cancel any Coins or Virtual Goods sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your account.

Receipt of Virtual Goods. During the term of your license to your Coins, you have the right to redeem your Coins for selected Virtual Goods. If you are the Parent and you are accepting these Terms on behalf of your child, you accept and acknowledge that your child has your consent to exercise this right independently.

Changes to Coins. Pricing and availability of Coins and Virtual Goods are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Coins and Virtual Goods. As set forth below, all Coins, Virtual Goods, and other Content is provided “as is,” without any warranty.

All Coins sales are final. You agree that all sales by us to you of Coins and Virtual Goods are final and that we will not permit exchanges or refunds for any unused Coins or Virtual Goods once the transaction has been made.

Purchases by users outside the U.S. Coins and Virtual Goods may only be purchased and held by legal residents of countries where access to and use of such services are permitted. If you live in the European Union, you have certain rights to withdraw from online purchases. However, please note that once you download Coins from us, your right of withdrawal ends. You agree that (a) purchase of Coins involves immediate download of such Content; and (b) you lose your right of withdrawal once your purchase is complete. If you live in the European Union (or other countries that require such activity), we will provide you with a VAT invoice when we are required to do so by law. You agree that these invoices may be electronic in format.

We reserve the right to control, regulate, change, or remove any Coins or Virtual Goods without any liability to you.

Effect of Termination on Coins and Virtual Goods. We may cancel, suspend, or terminate your account and/or your access to your Coins, Virtual Goods, the Content, or any of our services, in our sole discretion and without prior notice. Termination may also happen if, for example (a) your account is inactive (i.e., not used or logged into) for twelve (12) months; (b) you fail to comply with these Terms; (c) we suspect fraudulent activity or misuse by you of Coins, Virtual Goods, or other Content; (d) we suspect any other unlawful activity within your account; or (e) we are acting to protect the App., our systems, servers, any of our users, or our reputation.

We have no obligation or responsibility to, and will not reimburse or refund, you for any Coins, or Virtual Goods lost due to such cancellation, suspension, or termination. You acknowledge that we are not required to provide you with a refund for any reason, and that you will not receive money or other compensation for unused Coins and Virtual Goods if your account is closed, whether such closure was voluntary or involuntary.

Proprietary Rights and Intellectual Property

Copyright of the App.. The App. is and includes copyright protected works and protected trademarks. You may not modify, distribute, copy, frame, republish, display, post, publish, reproduce, sell or make any other use in any way of any content or part of the App. or any trademark therein.  

Content and App. ownership. Unless otherwise noted, all materials on the App., including Smoodjies and other characters and icons, graphics, images, illustrations, animations, designs, icons, photographs, video clips, photos, soundtracks, music, sounds, effects, , text software, scripts, interactive features and other materials and works of authorship of any kind, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Content"), are owned, controlled or licensed by us (the App.) and any related body. The Content within the App., and the App. as a whole, is intended solely for personal, noncommercial use by the users of our App.. You may download, send, share, post and store selected portions of the Content for personal, noncommercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the App..

If you believe that your work has been misappropriated, copied and/or displayed using the App., in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

Identification of the copyrighted work claimed to have been infringed and information reasonably sufficient to permit Us to locate the material in our services;

Information reasonably sufficient to permit Us to contact you, the complaining party, such as an address, telephone number and email address;

A statement that you, the complaining party, have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you, the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

an electronic or physical signature of yourself or the person authorized to act on behalf of the owner of the copyright interest;

You may also send your complaint using the "Report" button at the bottom of certain pages under the "connect" heading, or email us at contactus@smoodji.com .

If we receive such notice and we believe removal is required, we will remove or disable access to the allegedly infringing material and will take reasonable steps to promptly notify the alleged infringer of our action

The alleged infringer may provide us with a counter notice, and if done so – we will promptly notify you of the objection.

The counter notice needs to include -

The party's name, address, phone number and physical or electronic signature.

Identification of the material and its location before removal.

A statement under penalty of perjury that the material was removed by mistake or misidentification.

The party's consent to local federal court jurisdiction, or to oany other appropriate judicial body.

After receipt of such counter-notice, you will have fourteen (14) days to file a lawsuit in the authorized court and supply us with its details, or we will restore the removed material to our App. if you don't,

Naturally, we will act as any authorized court will instruct us.

If we learn that any of our users is a "repeat infringer" (i.e., receives repeated takedown notices and is regarded such by ourselves or a competent court), we may act in various ways in response, such as termination of online accounts and other remedies, and said user shall have no claim against us based on such action.

User content

Please note that any of our users may use our own protected Content to create various other kinds of contents including both user's and our Content (hereby "User's Content"). Any creator of such User Content is solely responsible for its own content. We have no control over such User's Content and its nature. Such User Content may be within our servers from time to time but we do not keep it under our control at all times, and have no way to remove it if it breaches any of your rights.

You may report any objectionable User's Content you have encountered on our App. and services by using the "contact us" on the App. or our website. Please identify specifically which Content offends you, and the reason for it. We reserve the right to remove such Content or not to remove it based on our sole judgment.

Termination

Termination of specific accounts. The App. may terminate any account or membership, delete any profile and/or prohibit any user from using or accessing the App. or any of its Content or services, in whole or any part thereof, for any reason, for no reason, at any time in its sole discretion, with or without notice, subject to delivery of all orders finalized and completed (and paid for) prior to such termination.

Termination of the App. or any of its services. The App. may also terminate its operations, all or any part thereof (including any of its services or products), permanently or temporarily at its own discretion. The App. does not issue any warranty for continuance of any or all the services or products and may terminate any or all of them at its own discretion, without notice and at any time.

No remedies upon termination. To remove any doubt, you will not be awarded any remedy of any kind if the App. has terminated your account, any of its Services or its activity altogether and you have no claim against the App. in any of these cases.

Upon any termination, discontinuation or cancellation of the services, the App. or your account, the following provisions of these Terms will survive: Arbitration Notice; Content Ownership; Rights Granted by You; Effect of Termination on Coins, and Virtual Goods; Feedback; Disclaimer of Warranties; Indemnity; Limitation of Liability; Dispute Resolution; General Terms; and this Termination article.

Feedback

We welcome your feedback, comments, and suggestions for improvements to the App.  and any of its services (“Feedback”). You may submit such Feedback by reaching out to us in any manner we provide you, both within the App., on social media, using email and in any other manner. By doing so, you undertake that you are dully entitled to act as such without breaching any law or third party's right and you further grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to make any use of any kind with the Feedback, including to copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

Links to third party websites or other resources

The App. and any Content may contain links to third-party websites or other resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites, or resources or links displayed on such websites. You acknowledge that you hold sole responsibility for such, and assume all risks arising from or caused by your use of any third-party websites or resources. You acknowledge that you will not use any third party websites or resources for which you disagree the aforementioned.

Disclaimers and no liability of the App. and Apple.

USE THE APP. AT YOUR SOLE RISK. YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER PERSONS AND WITH THE APP. ITSELF. YOU UNDERSTAND THAT WE DO NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE APP. AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE APP. AND SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT IN RELATION TO THE APP. OR ITS SERVICES.

NO WARRANTEES OF ANY KIND. THE APP. AND ANY PART OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE APP. AND ANYONE RELATED TO IT OR ACTING ON ITS BEHALF EXPRESSLY DISCLAIMS ANY WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND (EXPRESS, IMPLIED, ORAL OR WRITTEN), INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, SPECIFIC FUNCTION, FUNCTIONALITY, MERCHANTABILITY, RELIABILITY, AVAILABILITY, QUALITY, PERFORMANCE, NON-INFRINGEMENT OR OTHER. THE SITE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICE.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES UNLESS MANDATORY UNDER SPECIFIC JURISDIOCTION.

NO LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND IN NO EVENT WILL THE APP., ITS DIRECTORS, EMPLOYEES, AGENTS OR ANYONE ON ITS BEHALF BE LIABLE TO ANY USER OR THIRD PARTY FOR ANY DIRECT AND INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, REVENUES OR DATA, LOSS OF GOOD WILL, LOSS OF PRIVACY, FINANCIAL LOSS, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OR ANY OTHER KIND OF DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE APP. OR ANY OF THE SERVICE, CONTENT, ANY PLATFORM APPLICATIONS OR ANY OF THE APP. OR SERVICE OR OTHER CONTENT, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

LIMITATION OF LIABILITY. AS CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY AS ABOVE OR IN ANY CASE ANY COMPETENT COURT DECIDES THAT FOR ANY REASON THE APP. OR ANYONE ON ITS BEHALF BE LIABLE TO ANY DAMAGES OF ANY KIND, THE APP.'S (OR ANYONE ON ITS BEHALF) TOTAL LIABILITY DUE TO ANY DAMAGES (DIRECT AND INDIRECT), CLAIMS OR CAUSES OF ANY SORT OR KIND (WHETHER CONTRACTUAL, TORTIOUS OR OTHER), EITHER BY LAW, DUE TO THESE TERMS (INCLUDING IMPLIED WARRANTEES OF ANY KIND) AND FOR ANY OTHER CAUSE WILL BE LIMITED (TO THE EXTENT PERMITTED BY LAW) AND NOT HIGHER THAN THE AMOUNT YOU PAID TO THE APP. TO USE ITS SPECIFIC RELEVANT SERVICE OR PRODUCT AS APPLICABLE.

IN ALL CASES, THE APP. AND ANYONE ON ITS BEHALF WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

TO REMOVE ANY DOUBT, ALL SUCH DISCLAIMERS APPLY TO THE APP. AS WELL AS TO ITSELF APPLE (AND ANY RELATED OR SUBSIDIARY THEREOF).

Your sole remedy from Apple – refund.  In the event of any failure of the App. to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the App. to You. To the maximum extent permitted by law, Apple shall have no other warranty obligation whatsoever with respect to the App., and any other claims, losses, liabilities, damages, costs or expenses attributed to any failure to conform to any warranty will be Your sole responsibility.

Apple's non-responsibility to the App. and any related claims. It is specifically acknowledged and agreed that Apple will not be responsible for any claims You or any third party may have, relating to the App., included but not limited to: (1) product liability claims, (2) any claim that the App. fails to conform to any applicable legal or regulatory requirement` and (3) claims arising under consumer protection, privacy or similar legislation,

No liability to any error of any kind. The App. may include and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, anything within the App..

No responsibility for security breaches, malware, fraud or similar faults. As always online, and even though the App. undertakes reasonable security measures as customary, certain security breaches, hacks, cracks, deceit, fraud or other faults (such as viruses and Trojan horse codes) may always happen. We will be under no liability to any such fault.

No responsibility for linked materials and websites. The App. may contain links to other websites. The App. is not responsible for any content published on such other sites or opinions expressed on such other sites, including but not limited to their accuracy or their being kept up to date by such sites. Such sites are in no way investigated, monitored or verified for accuracy, completeness or otherwise by the App.. Inclusion of any linked website on the App. does not imply approval or endorsement of the linked site by us. When you access these third-party sites, you do so at your own risk. If any link to such site offends you, causes you any harm or you believe is illegal, please notify us by using the "Report Content" link at the bottom of certain pages, or use the "Contact Us" page.

No responsibility for any technical difficulty. The App. shall not be responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems, virus and malicious codes or traffic congestion on the Internet or on any of the Service or combination thereof, including any injury or damage to yourself, to any user or to any person's computer related to or resulting from participation or downloading or receiving materials in connection with the App..

No responsibility to advertisements. The App. assumes no responsibility for third party advertisements which are posted on the App., nor does it take any responsibility for the goods or services provided by its advertisers or to any warranty or undertaking detailed in such advertisement.

Use of the iOS App. If you accessed or downloaded the App. from the Apple Store, then you agree to use the App only: (a) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (b) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

App-Provider's responsibility. If you accessed or downloaded the App. from any application store or distribution platform (like the Apple Store, Google Play, or Amazon Appstore) (each, an “App Provider” hereunder), then you acknowledge and agree that:

These Terms are not concluded with App Provider, but with the App. itself.

The App Provider has no obligation to supply to you any maintenance and support services with respect to the App.

App Provider is and will not be responsible for addressing any claims you may have or any claims of any third party may have relating to the App. or its use. including but not limited to: (i) product liability claims; (ii) any claim that the App. fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third-party claim that the App. or its use infringes that third party’s intellectual property rights, it will solely be your responsibility, and not the App.'s.

The App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App. Upon your acceptance of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App. against you as a third-party beneficiary thereof.

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App. nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

By using the App. you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Disputes Resolution

Exclusive law and jurisdiction. By using the App. (including any application or otherwise) or any of its services in any manner, you agree that any dispute about or involving the App., its products or its services shall be exclusively governed by the laws of the State of Israel, without regard to conflict of law provisions and governed by these Terms. In such a case, you agree to an exclusive personal jurisdiction and venue in the competent courts in the district of Tel Aviv, Israel.

Indemnification

You shall indemnify and hold the App., its subsidiaries, and affiliates, and their respective directors, officers, agents, partners, contractors and employees, harmless from any loss, liability, claim, demand, costs, damages or expenses, including reasonable attorneys' fees, made by any third party due to or arising out of the use of the App. or the Service or any of the content, in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above and/or if any content that you post on the App. or the Service causes the App. to be liable to any third party.

Other

Agreement for the benefit of third party. It is stated and agreed that Apple (and any of its subsidiaries or related companies) are third party beneficiaries of these Terms, and upon Your acceptance of these terms, Apple shall have the right (and will be deemed as accepting such right) to enforce these Terms against You as a third party beneficiary thereof.

Limitation on the Period of Limitation. YOU HEREBY AGREE THAT ALL CLAIM OR CAUSE OF ACTION OF ANY KIND VERSUS THE APP. OR ANYONE ON ITS BEHALF SHALL BE FILED IN A COURT OF LAW WITHIN AND NO LATER THAN TWENTY FOUR (24) MONTHSPAST THE DATE OF ITS OCCURRENCE. THIS SECTION IS TO BE CONSIDERED AS AN AGREED LIMITATION ON THE PERIOD OF LIMITATION UNDER ANY RELEVANT LAW, AND SHALL OVERCOME ANY OTHER LEGAL REQUIREMENT (UNLESS IT IS A MANDATORY LEGAL REQUIREMENT).

Compliance. You represent and warrant that (1) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country` and (2) you are not listed in any U.S. Government list of prohibited restricted parties.

Interstate Nature of Communications on the App.. When you register, order from or otherwise use the App., you acknowledge that while doing so you send electronic communications of any kind through the App.'s networks and servers located in Israel, in the USA or in your country. As a result, any of the communications will be transmitted through several states and countries, regardless of where you are physically located at the time of transmission. According, by agreeing to these Terms, you acknowledge that use of the Service results in such international data transmissions.

Entire agreement. These Terms (which include the App.'s privacy policy and any other notifications posted on the App.) constitute the entire agreement between you and the App. regarding any kind of use of the App..

Non waiver of rights. Failure of the App. to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Section titles solely for convenience. The section titles in these Terms are for convenience only and have no legal or contractual effect.

The Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

No third party agreement. You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.

Contact us email. Please contact us at: contactus@smoodji.com with any questions regarding these Terms.

Our Address: 19, Beit Alfa St, Tel Aviv, Israel

Last Updated:  6.2.2018