MindLi Ltd. (“MindLi“, the “Company“ ,“we”, “us” or “our”) welcome you (the “User(s)”, or “you”) to our website at: www.mindli.com (and its subdomains) (the “Site”), and the “MindLi” mobile application (the “App”) which can be also operated and provided via web configuration. The App serves as a platform to manage personal knowledge, provides Users with tools to empower personal learning, thinking, and doing while the Site designated to provide comprehensive information regarding our activities (hereinafter, collectively, the “Services”, as described below).

1. Acceptance of the Terms

By entering, connecting to, accessing or using the Site, and/or by entering, connecting to, accessing, using or by installing and/or downloading the App on your device, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the App and/or the Site and/or the Services and you acknowledge that these Terms constitute a binding and enforceable legal contract between MindLi and you. IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU DO NOT POSSES THE LEGAL CAPACITY TO ENTER INTO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE OUR SITE AND/OR THE APP IN ANY MANNER, DO NOT INSTALL THE APP AND/OR PROMPTLY UNINSTALL THE APP FROM YOUR DEVICE.

The App and/or the Site and/or the Services are available only for the personal use of individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization, as applicable) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms on your behalf and to form a binding agreement under any applicable law, to use the App and/or the Site and/or the Services in accordance with these Terms, and to fully perform your obligations hereunder.

2. The App, the Site and the Services

The App serves as a platform for the management of personal knowledge and includes, inter-alia, the following services: (a) the possibility to create a structure of subjects you are interested at (“Boxes“), (b) the possibility to collect and uploaded to the App (to “Capture“) items of knowledge, such as, links, ideas, documents and Images (“Sparks“), (c) the possibility to make comment, share and other activities that may be offered from time to time by us as part of the App, (d) the possibility to share chosen Sparks and Boxes with other Users, (e) analytics that may use to provide you with different recommendations with respect to use of the App and the Services and (f) to be provided with an executive summary, comments and insights with respect to your Sparks and Boxes, inter-alia, by using third parties’ artificial intelligence based tools (“Insights“).

Please Note:

The Users’ access to most of MindLi’s Services is subject to the User’s registration which is offered free of charge. Certain additional services might be subject to the purchase of a premium subscription, all as will be further detailed in the Site. However, the Company reserves the right to charge fees for such use in the future. In addition, you hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the App, according with the applicable rates charged by your respective third-party internet and data usage service provider as may be from time to time.

The App and/or the Services may contain content that you’ve Captured for yourself from third parties, such as, links, photos, recommendations, feedback, ratings, written content, and ads, or other content, including Captured content of other Users and other Users’ Content (as defined below) (“Third Party Content“). You hereby acknowledge that such Third Party Content is not independently verified by us and that uploading and/or attaching outdated, incomplete or inaccurate Third Party Content to the App may affect the result of our Services. As such, you hereby acknowledge that you are solely responsible for the Third Party Content that you upload and/or attach and/or use as part of the App and/or the Services, including its legality, accuracy and completeness. MindLi does not monitor Third Party Content and therefore does not guarantee its correctness or fitness for your purpose, and such content does not bind MindLi in any way. Your use and reliance on Third Party Content are at your sole responsibility and risk. In any case of contradiction between Third Party Content and the information provided to you directly from the relevant third party, the information provided to you directly will prevail.

The App may allow you to share with other Users content, including texts, links, images, video clips and so forth (the “User Content“), as further detailed below.

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

The App contains features which allow you or other Users to share and/or review certain User Content, including the Users’ Boxes and Sparkes (“Shared Content”). You are solely responsible for your use of such Shared Content. The Company is not liable for any statements, representations or content provided by its Users as part of the Shared Content. Any use of the Shared Content or other portions of the App in violation of the foregoing restrictions specified below in Sections 10, constitutes violation of these Terms and may result, inter alia, in termination or suspension of your rights to use the Interactive Areas and/or the App.

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

The App and/or the Site and/or the Services include, inter-alia, contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the App and/or the Site, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, other features obtained from or through the App and/or the Site and/or the Services, User Content and Third Party Content (collectively, the “Content”). The Content does not bind us in any form, and in any case where the Content contradicts or is inconsistent with any information supplied by us to you directly, such information shall prevail. If you would like to receive more information about our services or if you have any questions, please contact us via the email address appearing at the end of this document.

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

The Site provides comprehensive information regarding our activities and includes, inter-alia, an overview of, and news regarding MindLi, services, solutions, and so forth, including a functionality for Users to contact MindLi directly from the Site.

All the services listed herein, whether provided through the App and/or the Site or through other manners, including services provided or offered by third parties, shall be defined, collectively as the “Services“.

ALL RIGHTS IN AND TO THE APP, THE SITE, THE SERVICES, AND/OR THE CONTENT ARE RESERVED TO MINDLI OR ITS LICENSORS.

THE APP AND/OR THE SITE AND/OR SERVICES, INCLUDING THE INSIGHTS, AND/OR THE CONTENT AVAILABLE THEREIN, INCLUDING ANY THIRD PARTY CONTENT, ARE PROVIDED ON AN “AS IS” BASIS. YOUR USE OF THE APP AND/OR THE SITE, THE SERVICES, AND/OR THE CONTENT, INCLUDING ANY THIRD PARTY CONTENT, IS ENTIRELY AT YOUR OWN RISK. THE COMPANY DOES NOT, EITHER EXPRESSLY OR IMPLICITLY IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY, AND/OR DAMAGES INCURRED AS A RESULT, OR IN CONNECTION WITH, THE USE OF THE APP AND/OR THE SITE AND/OR THE SERVICES AND/OR USER CONTENT AND/OR THIRD PARTY CONTENT AND/OR CONTENT, ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE APP AND/OR THE SITE AND/OR THE SERVICES AND RELATED SERVICES, INCLUDING ANY THIRD PARTY’S SERVICES.

PLEASE NOTE THAT WE DO NOT WARRANT THAT THE APP AND/OR THE SITE AND/OR SERVICES WILL BE ERROR FREE. YOU ARE RESPONSIBLE FOR ENSURING THAT YOU MAINTAIN BACKUP COPIES OFF ALL DATA, THAT YOU UPLOAD TO THE APP.

PLEASE NOTE: YOU ARE REQUIRED TO REGISTER TO THE APP IN ORDER TO ACCESS AND USE MOST OF THE SERVICES (THE “REGISTRATION”). AS PART OF THE REGISTRATION, YOU MAY BE REQUIRED TO PROVIDE THE COMPANY WITH CERTAIN DETAILS,. YOU HEREBY CONFIRM THAT ANY AND ALL DETAILS YOU PROVIDE TO THE COMAPNY (INCLUDING YOUR PERSONAL INFORMATION, AS DEFINED IN OUR PRIVACY POLICY) IS VOLUNTARILY PROVIDED TO US AND AT YOUR OWN DISCRETION. YOU HEREBY AGREE TO PROVIDE THE COMAPNY WITH COMPLETE, ACCURATE, AND CORRECT DETAILS, AND YOU WILL NOT MISREPRESENT YOUR IDENTITY OR ANY OTHER DETAILS DURING THE REGISTRATION AND/OR IN ANY OTHER CIRCUMSTANCES.

IN CASE THE COMAPNY BELIEVES THAT AS PART OF THE REGISTRATION OR IN ANY OTHER CIRCUMSTANCES, A USER HAS MISREPRESENTED HIS/HER IDENTITY OR PROVIDED ANY OTHER FALSE DETAILS, SUCH USER EXPOSES HIMSELF TO CRIMINAL AND/OR CIVIL LIABILITY, IN ADDITION TO THE COMAPNY’S RIGHT TO DENY ANY ACCESS TO THE APP AND/OR THE SERVICES.

THE COMAPNY ENCOURAGES USERS TO TREAT ANY CONTENT AVAILABLE ON THE INTERNET CAREFULLY AND CRITICALLY, INCLUDING INFORMATION PUBLISHED BY THIRD PARTIES (THIRD PARTY CONTENT), USERS (USER CONTENT) AND OTHERS ON THE APP. PLEASE NOTE THAT THE COMAPNY IS NOT THE PUBLISHER OF SUCH CONTENT AND THEREFORE THE COMAPNY IS NOT RESPONSIBLE FOR SUCH CONTENT’S RELIABILITY, TRUSTWORTHINESS, ACCURACY, OR COMPLETENESS. THIRD-PARTY CONTENT AND USER CONTENT PUBLISHED ON THE APP ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE USER IS AWARE AND AGREES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY DECISIONS AND/OR ACTIONS TAKEN BY HIM/HER AS A RESULT OF AND/OR IN CONNECTION WITH ANY USE OF THE APP AND/OR THE SITE AND/OR THE SERVICES AND/OR CONTENT (INCLUDING, WITH RESPECT TO ANY INTERACTION BETWEEN USERS AND/OR ACTIONS RELATED TO PAYMENTS, ETC.).

THE USER HEREBY AGREES THAT THIRD-PARTY CONTENT AND USER CONTENT MAY INCLUDE ADVERTISING PUBLISHED BY USERS OR BY THIRD PARTIES, AND SUCH ADVERTISING IS PUBLISHED AS THE SOLE RESPONSIBILITY OF THE ADVERTISERS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF SUCH ADVERTISING, IN ADDITION, THE USER CONFIRMS THAT THE COMAPNY HAS NO OBLIGATION AND/OR THE ABILITY TO MONITOR OR VERIFY SUCH CONTENT (INCLUDING ADVERTISING).

WITHOUT DEROGATING FROM THESE TERMS, BY REGISTERING TO OUR SERVICES, AND SUBJECT TO YOUR PERSONAL PRIVACY SETTINGS ON THE APP (AS DESCRIBED IN OUR PRIVACY POLICY) YOU AGREE, ACKNOWLEDGE AND CONSENT THAT CERTAIN PARTS OF YOUR PERSONAL DETAILS WILL BE MADE PUBLICLY AVAILABLE TO OTHER USERS THAT YOU MAY CHOOSE THE SHARE WITH AS PART OF THE SERVICES .

WITHOUT DEROGATING FROM THE COMPANY’S RIGHTS UNDER ANY LAW AND/OR THESE TERMS, THE COMPANY MAY, AT ITS SOLE DISCRETION AND WITHOUT ANY PRIOR NOTICE, LIMIT OR BLOCK ANY USER, WHETHER REGISTERED OR NOT, WHO VIOLATES THESE TERMS FROM USING OF THE APP AND/OR THE SITE AND/OR THE SERVICES.

COMMERCIALS AND NEWSLETTER: BY PROVIDING CONTACT DETAILS AS PART OF YOUR REGISTRATION, OR OTHERWISE AS AVAILABLE IN THE APP AND/OR THE SITE, YOU AGREE THAT WE MAY USE YOUR CONTACT DETAILS (INCLUDING, WITHOUT LIMITATION, EMAIL ADDRESS AND PHONE NUMBER) FOR THE PURPOSE OF PROVIDING YOU COMMERCIAL AND/OR NON-COMMERCIAL MATERIALS RELATED TO OUR AND OUR PARTNERS’ CURRENT AND/OR FUTURE ACTIVITIES. YOU MAY WITHDRAW YOUR CONSENT BY SENDING A WRITTEN NOTICE TO OUR EMAIL ADDRESS SUPPORT@MINDLI.COM OR ALTERNATIVELY BY FOLLOWING THE INSTRUCTIONS FOR REMOVING YOURSELF FROM THE MAILING LIST WHICH IS AVAILABLE IN THE MESSAGE TRANSMITTED TO YOU. FOR THE AVOIDANCE OF DOUBT, SUCH REMOVAL FROM OUR MAILING LIST WILL NOT AFFECT YOUR RECEIPT OF TRANSACTIONAL MESSAGES RELATED TO THE SERVICES, SUCH AS MESSAGES FROM OUR TECHNICAL ASSISTANCE TEAM.

3. Subscription to the Services

How to subscribe: In order to use some or all of the Services, you may be required to register to the App create an account. As part of the Registration, you will be required to provide us with certain personal information or alternatively, you may register by using your existing social network account (such as Google or Apple ID), all as further detailed in our Privacy Policy (the “Subscription“). You hereby agree to provide the Company with complete, accurate, and correct details as part of your registration to the Subscription, and you hereby warrant that you will not misrepresent your identity or any other details in your Registration. If we believe, in good faith, that you have obtained a Subscription by impersonating another person, such actions may expose you to civil and/or criminal liability. You may not transfer or assign your rights in the Subscription without our prior written consent. The Company may offer to Users, at its sole discretion, different types of Subscriptions. It is hereby clarified that your use of payment details, including credit cards, which do not belong to you, and/or the delivery of incorrect payment details, are strictly prohibited and constitute a criminal offense. The Subscription is intended for private and personal use only. You must safeguard and not disclose your Subscription details and supervise the use of such Subscription and your account. You agree to keep your Subscription details up-to-date and accurate. You are solely and fully responsible for maintaining the confidentiality of your password to use the Subscription and for all activities that occur under your Subscription. You must implement and maintain reasonable physical, technical safeguards to maintain and protect the device on which you have installed the App and your Subscription. You must not disclose your passwords and the ways of accessing your device to others. You may not assign or transfer your rights or delegate your duties under the Subscription without the prior written consent of The Company. You must notify us immediately of any unauthorized use of your Subscription or any other breach of security related to your Subscription and in such event, you must change your password immediately via the settings page on the App. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Subscription through the details he/she has obtained from you or through a violation by you of these Terms or for any unauthorized use of your password or Subscription or any other breach of security.

In case you want to change your password, you can do so by changing your Subscription settings page on the App. In case you want to cancel/delete your Subscription, you may contact us by writing to the following e-mail address: support@mindli.com. The cancellation of the Subscription will be carried out within a reasonable time, and from the moment of cancellation, you will no longer be able to enter your Subscription or view the details and/or content in your Subscription. It is hereby clarified that after the cancellation/deletion of your Subscription, The Company may keep any information and/or content regarding your Subscription for the purpose of handling legal claims and/or for accounting needs and/or any other purposes required by law.

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

PLEASE NOTE: CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CONTENT AND/OR INFORMATION (INCLUDING DETAILS GENERATED BY YOU). WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

4. Use Restrictions

There are certain conducts that are strictly prohibited when using the App and/or the Site and/or Services and/or Content. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at the Company’s sole discretion) in the termination of your use of the App and/or the Site and/or Services and/or Content and may also expose you to civil and/or criminal liability.

Unless otherwise explicitly permitted under these Terms or in writing by the Company, you may not (and you may not permit anyone to): (a) use the App and/or the Site and/or the Services and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the App and/or the Site and/or the Services and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Company’s Content and/or the Services and/or the App and/or the Site any restrictions and signs indicating proprietary rights of the Company or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the App and/or the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the App and/or the Site and/or the Services or the servers or networks that host the App and/or the Site and/or the Services, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your app, Your site, your business or any statement you make, or present false or inaccurate information about the App and/or the Site and/or the Services; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the App and/or the Site and/or the Services; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Company’s Content made accessible by the Company on or through the App and/or the Site and/or the Services, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Company’s proprietary rights, including the Company’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Company’s Content on any other app and/or site or networked computer environment for any purpose without the Company’s prior written consent (l) create a browser or border environment around the Company’s Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the App and/or the Site and/or the Services and/or the Company’s Content; (n) frame or mirror any part of the App and/or the Site and/or the Services without the Company’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the App and/or the Site and/or the Services; (p) transmit or otherwise make available in connection with the App and/or the Site and/or the Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the App and/or the Site and/or the Services for any purpose for which the App and/or the Site and/or the Services are not intended; (r) use the App and/or the Site and/or Services for any purpose, whether commercial or non-commercial, that is not considered as personal use by the Company and/or that such use is considered as a nuisance and/or inappropriate by the Company and/or the Users; and/or (s) infringe and/or violate any of the Terms.

5. Privacy Policy

We respect your privacy and are committed to protecting the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the App and/or the Site and/or the Services. Our policy and practices and the type of information collected via the App and/or the Site and/or the Services are described in detail in our Privacy Policy, which is incorporated herein by reference. You agree that the Company may use personal information that you provide or make available to the Company in accordance with the Privacy Policy. If you intend to access or use the App and/or the Site and/or Services, you must first read and agree to the Privacy Policy.

6. Intellectual Property Rights

The App, the Site, the Content, and MindLi’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright, and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

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

Subject to the terms hereof, the Company hereby grants to you, and you accept, a personal, nonexclusive, non-transferable, non-sublicensable and fully revocable limited license to use the App and/or the Site (including the Content) in accordance with the terms included in these Terms.

The Terms do not convey to you an interest in or to the Company’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law. To the extent you provide any feedback, comments, or suggestions to the Company (“Feedback”), the Company shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual, and irrevocable license to incorporate the Feedback into any MindLi’s current or future services and/or activities and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require the Company to comply with any additional obligations with respect to any MindLi’s current or future products, technologies, or services that incorporate any Feedback.

7. Trademarks and Trade names

The Company’s marks and logos and all other proprietary identifiers used by the Company in connection with the App and/or the Site and/or the Services (“the Company‘s Trademarks”) are all trademarks and/or trade names of MindLi, whether or not registered. All other trademarks, service marks, trade names, and logos that may appear on the App and/or the Site and/or the Services belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company’s Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

8. Commercial Content

The user may be exposed to commercial content or advertisements published by the Company and/or third parties. All content that appears in such commercial content or advertisements belongs to those third parties and such third parties are solely responsible for such content and ads. The commercial content and ads are provided to Users “AS IS”. The Company has no obligation or responsibility with respect to such content and ads, whether or not the Company has control over such commercial content and ads. In any case, the Company will not be responsible for any damage or loss arising as a result of or in connection with such commercial content or advertisements. The integration of such content and ads on the App and/or the Site and/or the Services does not constitute a recommendation or encouragement by the Company to purchase such services and/or products offered for sale as part of the commercial content and/or advertisements.

9. Online Payment Processors

The payments on the App are processed via certain online payment service providers (“Online Payment Processors”). We may add or change the Online Payment Processors at our sole discretion. Online Payment Processors enable you to send payments securely online using a credit card, debit card, or bank account. We do not control and are not affiliated with such Online Payment Processors. These Online Payment Processors are independent contractors and have no employment or agency relationship with us. The Company is not responsible in any way for the actions or performance (or lack thereof) of the Online Payment Processors. The use of Online Payment Processors is at your own risk. It is your responsibility to abide by all the terms specified by the Online Payment Processors in their terms of use and privacy policies. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Processors.

Please note that if your payment information is entered in error or does not go through for processing and you do not update the payment information upon our request, your entire purchase may be suspended or cancelled.

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us or to our Online Payment Processors. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your order. Prior to accepting an order, we may also request additional information from you to verify your identify and the validity of the purchase.

10. User Content

The App allow Users to collect “Capture” and upload certain materials, such as links, images, documents, ideas, messages, text information, videos, graphics, and files via the App (collectively, “User Content”). Users are solely responsible for the User Content. The Company does not endorse any User Content and shall not be held liable for any User Content whatsoever. You represent and warrant that you are the rightful owner of the User Content you upload to the App or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the licensors of such User Content and that such User Content does not infringe any third party’s intellectual property rights, privacy rights or publicity rights.

THE USER CONTENT THAT YOU SUBMIT ON OR VIA THE APP IS PUBLICLY AVAILABLE TO OTHER USERS OR THIRD PARTIES WITH WHOM YOU SHARED IT, OR OTHERWISE ENABLED ACCESS TO IT; AND, THEREFORE, IS DEEMED TO BE NON-CONFIDENTIAL AND YOU HEREBY WAIVE ANY (I) PRIVACY RIGHTS AND PUBLICITY RIGHTS WITH RESPECT THERETO, AND (II) ANY CLAIMS AGAINST THE COMPANY WITH RESPECT TO WHOM RECEIVED, OR DID NOT RECEIVE, FOR ANY REASON, THE USER CONTENT.

You understand and agree that you are solely responsible for your User Content and the consequences of sharing such User Content. The Company will not bear any liability for any loss, damage, cost, or expense that you may suffer or incur as a result of or in connection with collecting, uploading and/or sharing any User Content.

You expressly agree that the User Content will not include any unsolicited promotions, advertising, contests, or raffles. You agree that you will not collect, share or upload any User Content containing content which (i) is unlawful for you to possess, post or upload in the country in which you are resident, (ii) would be unlawful for the Company to use or possess in connection with the App and/or the Services, (iii) breaches the rights of third parties (including, without limitation any intellectual property rights), (iv) is defamatory, vulgar, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent, or promotes or induces illegal activity. The foregoing is by no means a comprehensive list and the Company reserves the right to add further clarifications as to which User Content may be considered prohibited for the purposes of these Terms. Although the Company has no obligation to screen, edit or monitor any of the User Content, the Company explicitly reserves the right, at its sole discretion, to remove, without giving any prior notice, any User Content at any time and for any reason, and you are solely responsible for creating backup copies of your User Content and replacing any User Content you post on the App at your sole expense. The Company takes no responsibility and assumes no liability for any User Content collected, uploaded, shared and made available by you or any third party, or for any loss or damage thereto, nor is the Company for any mistakes, defamation, libel, falsehoods, obscenities or pornography you or any other third party may encounter.

Notwithstanding the foregoing, we may, from time to time, determine categories of User Content which accordingly you will be required to send your User Content directly to the Company’s review, before uploading it to the App. In this case, the Company may, at its sole discretion, reject requests to upload certain content to the App.

The Company may create limits on the use of the Services including limitations on size and storage space available for Users to upload User Content. As a viewer of the User Content of others, you agree that if you find that any User Content is offensive, harmful, inaccurate, misleading, or was posted in violation of these Terms, you will stop viewing such User Content and promptly contact the User who shared its User Content with you. When you upload or make available any User Content on the App, you grant to the Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable, and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Content, in connection with the App and/or the Services, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future. The Company shall not bear any liability for any use by any third party of the User Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Content.

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

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

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

THE COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT UPLOADED AND/OR MADE AVAILABLE BY YOU OR ANY THIRD PARTY IN THE APP, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS THE COMPANY LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER VIA THE APP AND/OR THE SERVICES.

11. Notice and Takedown

The Company respects the intellectual property rights and the privacy of others. If you believe that your work has been copied in a way that constitutes copyright infringement, and/or that certain User Content includes offensive content, including content that violates your privacy, is inappropriate, is defamatory, and/or contains pornography, you may contact the Company with a request to remove such content via the email address support@mindli.com. Please detail your claim and attach appropriate references as well as your contact details, including e-mail, full name, and other details. If such content is found to be infringing and/or, it will be removed as soon as possible. For the avoidance of doubt, since the Company does not monitor User Content, the Company cannot identify any infringing content. The Company will not be responsible for infringing content as stated herein. The Company has the sole discretion to restrict and/or terminate Users’ access to the App and/or the Site and/or the Services if such users are deemed to be repeat infringers of third party’s copyright works or acted inappropriately as specified above.

12. Linking to the Company’s App and/or the Site and links to Third Party’s apps and sites

We welcome links to any part, including, Boxes on our App and any page on our Site. You are free to establish a hypertext link to the App and/or the Site so long as the link does not state or imply any connection or approval of your app and /or website, products, and/or services by the Company and does not portray the Company in a false or otherwise offensive manner. You may not link to our App and/or Site from a site and/or app that you do not own or have permission to use. In the event that you link to the App and/or the Site, you represent that your app and/or site does not contain content that is unlawful, offensive, or infringes third-party rights. However, we do not permit framing or inline linking.

Certain links provided herein permit our Users to leave the App and/or the Site and enter to non-MindLi sites, apps or services. Those linked sites, apps and services are provided solely as a convenience to you. These linked sites, apps and services are not under the control of the Company and the Company is not responsible for the availability of such external sites, apps or services and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites, apps and services or any link contained in linked sites, apps or service. In addition, the Company is not responsible or liable for such linked sites’, apps’ and services’ privacy practices and/or any other practices. Your access to, use of, and reliance upon any such sites, apps, services, and content and your dealings with such third parties are at your sole risk and expense.

The Company reserves the right to terminate any link at any time. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with the use of or reliance on any services, content, products, or other materials available on or through such linked apps, sites or resource. Most of such linked apps, sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable, and we encourage you to read such documents carefully before using those apps, sites and services, inter alia, in order to know what kind of information about you is being collected.

13. Usage Rules

Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Certain Usage Rules are described below, but other Usage Rules may apply, and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.

Apple Inc.

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

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to the Company as provider of the App.

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

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

You acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use thereof infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

Please note that the Services offered via the App may be operated and provided via web configuration.

14. Special provisions relating to Third Party Components

The App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with, the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the App and the Company disclaims all liability related thereto. You acknowledge that the Company is not the author, owner or licensor of any Third Party Components, and that the Company makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.

15. Changes to the Services and Updates

We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Services and/or the App and/or the Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under the App and/or the Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services and/or the App an/or the Site and/or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.

If The Company supplies to you any updates, upgrades and any new versions of the App (“Updates“) according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates. For clarity, The Company has no obligation to provide Updates.

16. Availability

The App’s and/or the Site’s and/or Services’ availability and functionality depend on various factors, such as communication networks. The Company does not warrant or guarantee that the App and/or the Site and/or the Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

17. Minors

To use the App and/or the Site and/or the Services you must be over the age of sixteen (16). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of sixteen (16) are not using the App and/or the Site and/or the Services. In the event that it comes to our knowledge that a person under the age of sixteen (16) is using the App and/or the Site and/or the Services, we will prohibit and block such User from accessing the App and/or the Site and/or the Services and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.

18. Disclaimers and No Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP AND/OR THE SITE AND/OR THE SERVICES AND/OR THE CONTENT AND/OR THIRD PARTY CONTENT AND/OR USER CONTENT AND/OR THE INSIGHTS ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND THE COMPANY, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “THE COMPANY‘S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CAN NOT CHANGE. THE COMPANY AND THE COMPANY’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APP AND/OR THE SITE AND/OR THE SERVICES AND/OR THE CONTENT AND/OR THIRD PARTY CONTENT AND/OR USER CONTENT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE APP AND/OR THE SITE, THE SERVICES AND/OR THE CONTENT AND/OR THIRD PARTY CONTENT AND/OR USER CONTENT, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE APP AND/OR THE SITE AND/OR THE SERVICES. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

THE COMPANY DOES NOT GUARANTEE THAT (A) THE SERVICES AND/OR THE APP AND/OR THE SITE AND/OR THE SERVICES AND/OR THE CONTENT AND/OR THE USER CONTENT AND/OR THIRD PARTY CONTENT ARE AND WILL BE SAFE TO USE, ACCURATE, COMPLETE, WITHOUT INTERRUPTIONS, WITHOUT ERRORS, WITHOUT MISTAKES OR FREE OF ANY VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER SOFTWARE LIMITATIONS, (B) ALL ERRORS, MALFUNCTIONS OR DEFECTS IN THE APP AND/OR THE SITE AND/OR THE SERVICES AND/OR CONTENT AND/OR USER CONTENT AND/OR THIRD PARTY CONTENT WILL BE CORRECTED, AND/OR THE COMPANY WILL CORRECT ANY ERROR OR DEFICIENCY IN THE SERVICES, AND/OR (C) ANY REPRESENTATION IS MADE REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SERVICES AND/OR THE CONTENT AND/OR THE USER CONTENT AND/OR THIRD PARTY CONTENT (INCLUDING THAT THE RESULTS OF THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS). THE COMPANY DOES NOT BEAR ANY RESPONSIBILITY AND LIABILITY WITH REGARD TO THE USE OF THE SERVICES AND/OR THE APP AND/OR THE SITE AND/OR THE CONTENT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE SERVICES AND/OR THE APP AND/OR THE SITE, AND IT IS NOT RESPONSIBLE AND WILL NOT BE RESPONSIBLE FOR ANY ERROR OR DEFECT IN RELATION TO THE CONTENT AND /OR TO THE USER CONTENT AND/OR THIRD PARTY CONTENT AND/OR ANY CONTENT WHATSOEVER.

THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY RESULT ARISING FROM TECHNICAL FAILURES (INCLUDING BUT NOT LIMITED TO INTERNET CONNECTIVITY, LINE OR SERVER LOAD, DELAYS, AND RELATED INTERRUPTIONS) AND/OR ARISING FROM INTERNET AND TELECOMMUNICATION PROVIDERS. THE USER AGREES THAT THE USE OF THE APP AND/OR THE SITE AND/OR THE SERVICES, BY ANY DIGITAL MEANS, ARE AT THE USER’S SOLE RESPONSIBILITY.

YOU MAY UPLOAD USER CONTENT TO THE APP AS SPECIFIED IN SECTION 10. FOR THE AVOIDANCE OF DOUBT, THE COMPANY DOES NOT GUARANTEE THAT ANY USER CONTENT YOU UPLOAD WILL BE AVAILABLE TO YOU, WHETHER DURING YOUR USE OF THE APP OR IN GENERAL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP, AT YOUR OWN EXPENSE, ANY CONTENT UPLOADED BY YOU TO THE APP OR PROVIDED TO THE COMPANY. THE COMPANY WILL NOT BEAR ANY RESPONSIBILITY REGARDING THE LOSS OR LACK OF ACCESS TO SUCH CONTENT. FOR THE AVOIDANCE OF DOUBT, ALL USER CONTENT IS PROVIDED TO THE COMPANY BY USERS, AND THEREFORE THE COMPANY DOES NOT AND WILL NOT HAVE ANY RESPONSIBILITY FOR SUCH CONTENT, THEIR RELIABILITY, TRUSTWORTHINESS, ACCURACY AND/OR COMPLETENESS, AND YOUR RELIANCE ON SUCH CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY.

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

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

19. Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE COMPANY, INCLUDING THE COMPANY’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APP AND/OR THE SITE , THE SERVICES AND/OR THE CONTENT AND/OR THIRD PARTY CONTENT AND/OR USER CONTENT, AND/OR ANY COMMUNICATIONS AND INTERACTIONS OR MEETINGS WITH SUBSCRIBERS AND/OR USERS OF THE APP AND/OR THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE APP AND/OR THE SITE AND/OR THE SERVICES, THE CONTENT (INCLUDING THIRD PARTY CONTENT AND USER CONTENT), YOUR USE OR INABILITY TO USE THE APP AND/OR THE SITE, THE SERVICES AND/OR THE CONTENT (INCLUDING THIRD PARTY CONTENT AND USER CONTENT) AND/OR THE FAILURE OF THE APP AND/OR THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF THE COMPANY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF THE COMPANY OR THE COMPANYS REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY OR THE COMPANY’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE COMPANY’S AND THE COMPANY’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP AND/OR THE SITE AND/OR THE SERVICES AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO THE COMPANY FOR USE OF THE APP AND/OR SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR THIRTY USD (30$), WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES FROM US AND FROM THE COMPANY’S REPRESENTATIVES. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

20. Indemnification

You agree to defend, indemnify and hold harmless the Company, including the Company’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from (i) your use, misuse of, inability to use and/or activities in connection with the App and/or the Site and/or the Services and/or Content; (ii) your violation of any of these Terms and/or violation of applicable law; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the App and/or the Site and/or the Services; (iv) any User Data (including any third party claims against the Company in connection therewith) and (v) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the App and/or the Site and/or the Services. It is hereby clarified that this defense and indemnification obligation will survive these Terms. Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to indemnification by you without first obtaining our prior express written approval.

21. Social Media Features

The App and/or the Site may include social sharing and posting features and other integrated tools (for example the Facebook “Share” buttons, YouTube, Twitter, LinkedIn, etc.) (“Social Features“). The Social Features are operated or allow for social integration with certain third-party social networks or third-party platforms (“Social Network“). These are created and maintained by third parties who are not affiliated with and/or controlled by us. Your use of the Social Features is subject to the applicable third-party Social Network terms of use and privacy policies. If you do not agree to the practices described in such terms you should not use the App’s and/or the Site’s integration with such Social Networks, however, you may find that you are not able to enjoy all the features available by our service. The Company is not responsible and has no liability for your use of such Social Networks.

22. Amendments to the Terms

The Company may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the App and/or the Site and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our App and/or the Site or sent via e-mail, whichever is earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the App and/or the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

23. Termination of these Terms and the Termination of the App’s and/or the Site’s and/or the Services operation

At any time, the Company may without notice discontinue your use of the App and/or the Site and/or the Services, at its sole discretion, in addition to any other remedies that may be available to the Company under any applicable law.
Additionally, the Company may at any time, at its sole discretion, cease the operation of the App and/or the Site and/or the Services and/or the Content and/or Third Party Content and/or User Content, or any part thereof, temporarily or permanently, delete any information or Content from the App and/or the Site and/or the Services or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that the Company does not assume any responsibility with respect to, or in connection with the termination of the App’s and/or the Site’s operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimers, and No Warranties, Limitation of Liability, Indemnification, and General sections will survive the termination of the Terms.

24. General

(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior written or oral agreements or understandings between you and the Company, (b) any claim relating to the App and/or the Site and/or the Services and/or Content or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the App and/or the Site and/or the Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts located in the city of Tel-Aviv, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, the Company may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF, OR RELATED TO, THE APP AND/OR THE SITE AND/OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign these Terms without restriction or notification, (i) all correspondence related to these conditions will be in writing (by e-mail or regular mail) and in Hebrew or English, and (j) no amendment hereof will be binding unless in writing and signed by the Company.

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

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail at: support@mindli.com.

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Last Revised: November 27, 2023