End User License Agreement (EULA)

MindMetro Application

(hereinafter “ The App)

Take note: any use of the App constitutes consent and approval of what is stated in this license (EULA)!

Use of the Application requires use of communications networks and/or data transfer and/or cellular networks operated by third parties. The User may be subject to monetary charges according to the costs, fees, and conditions as agreed between the Users and operators of the aforementioned networks!

Thank you for choosing an application by Mind Metronome Ltd. (hereinafter “MM”).

The App assists in, and provides tools for, meditation.

MM makes efforts and invests great resources in order to provide you with a high quality, useful, and up-to-date application. With that, MM is not free of errors or mistakes.

If you encounter any problem, error, or mistake, or you simply have a question or comment, do not hesitate to email us: hello@mindmetro.com. We promise to address any message from you with the utmost seriousness.

This license (EULA) constitutes a binding contract between MM and you (hereinafter “ the “User”). Use of the Application constitutes consent to what is stated in the EULA.

The EULA applies to all types of use of the App, and all types of technological devices by means of which the App is used, including cellular devices.

If you do not agree to any part of the EULA whatsoever do not use the App or any part thereof!

Breach of the provisions of the EULA may result in access being blocked to the App, in addition to any other rights MM has under any laws.

Below is the EULA, which constitutes a binding agreement between us and you:

Specific terms for Apple devices users per Apple Inc. requirements:

Acknowledgement:

  1. This EULA is concluded between MM and the User only, and not with Apple, and MM, not Apple, is solely responsible for this App and the content thereof.
  2. In case of a conflict between the usage rules provided in this EULA and Apple’s App Store Terms of Service, Apple’s App Store Terms of Service will prevail.
  3. The User acknowledges that he has had the opportunity to review Apple’s App Store Terms of Service.

Scope of License:

  1. This license is a non-transferable license to use this App on any Apple branded products that the User owns or controls and as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that this App may be accessed, acquired, and used by other accounts associated with the User via family sharing or volume purchasing.

Maintenance and Support:

  1. Subject to the terms of this EULA, MM is solely responsible for providing any maintenance and support services with respect to this App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this App.

Warranty:

  1. MM is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed by this EULA and/or by law. In the event of any failure of the App to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price for the App to the User, and that, to the maximum extent permitted by applicable law.
  2. Apple will have no other warranty obligation whatsoever with respect to this App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be MM’s sole responsibility.

Product Claims:

  1. MM, not Apple, is responsible for addressing any claims of the User or any third party relating to this App or the User’s possession and/or use of this App, including, but not limited to: (i) product liability claims; (ii) any claim that this App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  2. This EULA does not limit MM’s liability towards the User beyond what is permitted by applicable law.

Intellectual Property Rights:

  1. In the event of any third party claim that this App or the User’s possession and use of this App infringes that third party’s intellectual property rights, MM, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance:

  1. The User represents and warrants that (i) the User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) the User is not listed on any U.S. Government list of prohibited or restricted parties.

Third Party Terms of Agreement:

  1. The User must comply with applicable third party terms of agreement when using this App.

Third Party Beneficiary:

  1. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon the User’s acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the User as a third party beneficiary thereof.

Definition of Terms in this EULA

  1. In addition to any other definition in this EULA, the following definitions shall apply:

“User” any entity using the App.

“External Technological Entity” any entity other than MM which provides MM with Content and/or products and/or hardware and/or software services.

“MM” including its employees and/or shareholders and/or officers therein and/or related entities.

“External Provider” any entity other than MM which publicises and/or provides services and/or products by means of the App and/or in connection with the App, including Distribution Platform providers, social networks, and providers of message distribution services (such as Twitter and WhatsApp).

“Distribution Platform” the website or any place where the App is distributed to Users and/or is available for download, including anyone charging a fee on behalf of MM for the right to use the App, including the Apple App Store and Google Play.

“Use” or “Use of the App” use of all and/or part of the App.

“Content” any information of any kind whatsoever, including verbal, visual, audio-visual, as well as a combination of the above and their design, processing, arrangement, distribution, and their manner of presentation, including (without limitation): any graph, picture, design, concept, photograph, illustration, animation, chart, character, image, sample, video, audio file, music file, computer code, application, format, protocol, database, and interface, and any sign, symbol, emblem, and icon.

Interpretation of the EULA

  1. In the event of any uncertainty and/or lack of interpretation, what is stated in this EULA will not be interpreted against its drafter.
  2. Use of the App constitutes consent by the User to the EULA.
  3. The privacy statement constitutes an integral part of the EULA for all intents and purposes.
  4. The original intent of the provisions of this EULA is not to grant a User rights beyond the basic obligatory rights (inasmuch as they exist) expressly provided by law.
  5. In the event that empowered legal authority determines that any part of this EULA is void and/or is not legal, this shall not derogate from the remaining provisions of the EULA, and the section which is void/is not legal shall be viewed as if replaced by the valid term is most similar in its content, to the original.
  6. What is stated in the introduction and the preamble which precedes it are an integral part of the EULA.
  7. Use of the masculine or the plural is done for purposes of convenience only.
  8. The chapter titles in the EULA are for convenience only, and shall not be seen as binding or as assisting in interpretation.

Consent Expiry

  • Any cause of action arising in connection with this EULA and/or the App shall expire at the end of 24 months after the cause of action is discovered, whichever is earlier.
  • It is agreed that use of the App shall be equivalent to signing a separate agreement regarding the shortening of the period of expiry described in Section 19 of the Israeli Statute of Limitations, 5718 1959.

Scope of the EULA

  • The EULA is for the right to use the App only, for the specific version downloaded by the User, to the specific device onto which the App is first installed. In order to install the App onto an additional or other device, the User must remove it from his previous device.
  • MM declares that version updates may also include changes to the terms and scope of the EULA. Inasmuch as it is not otherwise indicated the provisions of this EULA shall also apply to version updates installed by the User.
  • The EULA is worldwide, limited, personal, non-exclusive, non-transferable, voidable, and shall be valid as long as the User uses the App and fulfills all of the provisions of this EULA, in full.
  • It is absolutely prohibited to utilize the App and/or the Content therein other than in the framework of the App itself and/or other than in accordance with the provisions of this EULA.
  • MM is entitled to change and/or amend and/or remove and/or add terms to this EULA and/or its parts (hereinafter the “Change”). MM will notify a User of any Change in the EULA by means of prior notice of at least three business days. A User who does not consent to the Change will be entitled to cease use of the App. Continued use of the App will constitute consent to the Change, and the new terms of the EULA will apply to the User, in full.
  • MM is entitled to offer modules and/or additional Content for the App, at its discretion, to some and/or all of its Users. These modules and/or Content may be conditioned upon and subject to licenses and/or terms which are additional and/or different than those in this EULA, including with regard to payment requirements.
  • A breach of what is stated in this chapter on the part of a User will constitute a fundamental breach of this agreement.

App Registration

  • The App may be installed and used even without registration. Registration is not mandatory.
  • MM shall be entitled, from time to time, to provide registered Users with various benefits as it shall determine, notice of which shall be provided to the Users.
  • A User wishing to register may do so by means of the designated registration window in the PathApp or by means of Facebook, Google+, or any other social network as MM may decide from time to time.
  • During the course of the registration, a User will be required to provide MM with mandatory as well as other details. Provision of the mandatory details where they are complete, accurate, and correct is a condition to completion of registration.
  • Any details provided during the registration process will be stored in MM’s databases and shall be subject to the terms of the Privacy Policy which is part of this EULA.
  • Completion of registration constitutes consent to being included in the App’s subscriber database. The database will be used by MM for the purpose of contacting Users, including for purposes of sending messages, updates, and advertisements to the User, inasmuch as the User approves their receipt. Removal of details from the database will be done at the request of the User which shall be directed to MM, according to the contact details for MM at the beginning of this EULA.

Limitation of Liability of Distribution Platform Operators

  • Unless a Distribution Platform operator accepts liability opposite the User, the responsibility for anything relating to the App, technical support, or maintenance, shall fall solely on MM.

Limitation of MM’s Liability

  • MM offers Users the App with all its parts, services, components, and Content, as is. It is hereby declared that the App is likely to include errors, bugs, and inaccuracies. MM does not undertake to locate and/or correct any of these.
  • MM will be entitled, at its exclusive discretion, at any time, without restriction on time and without prior notice, to adjust and/or suspend and/or terminate and/or change and/or restrict to the App, its services, its components, and its Content, as well as to change, from time to time, the hardware and/or software and/or firmware requirements for its operation. MM shall not bear responsibility for any damages resulting from the aforesaid, even if as a result of the aforesaid, the App does not function on certain devices. Notwithstanding the aforesaid, inasmuch as because of the aforesaid, a User will not be able to continue using the App in a reasonable manner, and as a result, will be entitled to receive a credit/refund MM shall act accordingly.
  • MM makes no representation in connection with the accuracy and/or availability and/or reliability and/or nature and/or quality and/or authenticity and/or compatibility and/or level and/or completeness and/or any other aspect of the App, its parts, services, components, and Content, and/or their compatibility with the requirements and/or any needs of the User.
  • Use of the App is done at the full and exclusive responsibility of the User. MM shall not bear any responsibility for any damages (physical, financial, and otherwise) which shall be incurred by the User and/or anyone acting on his behalf in connection with the use of the App.
  • Meditation exercises and/or any other activities connected to the App must be immediately ceased in the event you feel any discomfort and/or pain, and you must seek medical attention as soon as possible.
  • If and inasmuch a competent authority shall determine that despite what is stated in this EULA, MM bears responsibility in connection with any use of the App, it is agreed that MM’s liability to the User shall not exceed the amount which the User actually paid MM for the App, multiplied by two (2).
  • MM is not liable for any contractual engagement between a User and Distribution Platform providers and/or for information provided in the framework of such contractual engagement between them.
  • Advertisements from External Providers may appear on the App. MM is in no way liable for External Providers. Inasmuch as External Providers offer Content and/or products and/or services of any kind, MM makes no undertaking and shall not be liable to the User in connection with the accuracy and/or availability and/or reliability and/or nature and/or quality and/or authenticity and/or compatibility and/or level and/or completeness and/or any other aspect of any of the aforesaid and/or their compatibility with the requirements and/or any needs of the User.
  • MM shall not be a party and shall not bear any liability whatsoever for any contractual engagement and/or transaction between a User and an External Provider. For the avoidance of doubt, any information and/or details which shall be exchanged between a User and an External Provider because of and/or in connection with use of the App are the sole responsibility of the User and the External Provider, and under no circumstances shall they be the responsibility of MM, such actions are done without MM’s knowledge, and are not within its control. A User contracting with an External Providers does so at his full and exclusive responsibility.
  • Links to other websites are likely to appear on the App. MM is not liable for these websites, their Content, or the services offered by them. The presence of links to other websites does not constitute a recommendation to visit any of them and/or use their services and/or to purchase products and/or services.
  • MM declares that it took no steps to check the correctness and/or accuracy of the Content included in the aforesaid other websites, or the services and/or products offered therein and/or their appropriateness for any Users. MM recommends that any website be carefully examined prior to surfing it and/or taking part in the activities offered thereon. In any event anyone entering another website by means of a link on the App and/or purchasing products and/or services because of advertisements by External Providers which appeared on the App, does so at his own, full, responsibility.
  • For the purpose of providing the App’s services, MM is assisted by External Technological Entities, and utilizes various technological devices. Although MM attempts to contract with professional and reliable External Technological Entities, and to use reasonable technological devices to operate the App, in any event MM will not be liable for the nature, frequency, availability, continuity, quality, authenticity, compatibility, completeness, security, level of services, provision, delivery, prices, quality of equipment, or any possible failure and/or any other aspect relating to an External Technological Entity and/or its results and/or any technological devices. The aforesaid will also apply with regard to services offered by Distribution Platform providers.
  • MM will be entitled to terminate the contractual engagement and/or to change the identity of the External Technological Entities and/or the technological devices from time to time, at its exclusive discretion and without prior notice.
  • For the avoidance of doubt, it is hereby declared that MM takes reasonable steps in order to secure the App, to ensure its proper operation, but in any case, MM shall not be liable for any stoppage, slowdown, loss of information, theft of information, damage to hardware and/or any equipment, damage to infrastructure, disturbance, virus, Trojan horse, malware, hacking, malfunction, hardware and/or software and/or communication line failure, or any defect in security, whatever the cause may be (hereinafter the “Possible Failure”), inasmuch as they are incurred by Users, including their damages and/or expenses. Use of the App is made at the User’s exclusive responsibility.
  • For the avoidance of doubt, the Users declare and confirm that they are aware that the aforesaid, in the previous Section, will also apply with regard to provision of their personal details, credit card numbers, bank account numbers, PayPal details, or details of other payment services, inasmuch as provided in connection with the App.
  • Without derogating from the aforesaid, it is recommended that Users take and engage appropriate defensive and security measures in accordance with their needs, including antivirus systems, with every use of the App, and in general.
  • Reliance on recommendation/ratings with regard to Content on the App is the exclusive responsibility of the User. MM does not check, does not audit, and does not verify the accuracy of recommendations/ratings. MM makes no representation whatsoever in connection with the aforesaid, and it is entitled not to publicly publish recommendations/ratings, in whole or in part, at its choice and according to MM’s absolute discretion.
  • MM has the right not to contractually engage with any User for any reason whatsoever, including not to permit a User to register, as well as not to permit a User to utilise or to continue utilising the App, in whole or in part, and/or to block a User and/or cancel a registration, immediately in any case of abuse of the App and/or failure to fulfil the terms stipulated in the EULA, without derogating from any right available to MM under the law and/or any agreement. MM shall have exclusive, absolute, and final discretion to determine what constitutes “abuse,” whether and how use of the App rises to the level of a breach of what is stated in this EULA and/or any agreement and/or any law, and MM undertakes to exercise its discretion in good faith and fairly.
  • If any payment is made in connection with use of the App, and use of the App is frozen and/or prohibited as a result of abuse of the App and/or a breach of this EULA no refund shall be made and no credit given, and the payment made will be seen as compensation on account of the compensation which MM is due, without derogating from any other right available to MM under this EULA and/or the law. Notwithstanding the aforesaid, inasmuch as Distribution Platform operators require MM to refund money or give credit MM will act accordingly.

User’s Undertakings and Declarations

  • Without derogating from the declarations and undertakings by the User anyplace else in this EULA, the User declares, confirms, and undertakes as follows:
    • The User is entitled to contract with MM under the provisions of this EULA and under all laws.
    • To adhere to this EULA in full, and not to use the App in violation of the requirements of any law and/or in a manner harming any third party.
    • To fulfil all of the usage requirements of External Providers as well as Distribution Platform operators, inasmuch as these constitute a condition for downloading and using the App, and as long as there is no superseding requirement in this EULA.
    • Use of the App will be made in good faith.
    • Any information provided is required anywhere in the App, inasmuch as it is required, shall be correct, accurate, complete, and conform to reality, and shall not be misleading. The User will update MM in any event of a change to any other relevant information on and about the User. The aforesaid will also apply in the event of registration to the App by means of a third party (such as Facebook and/or Google+).
    • The User is aware that personal details provided by him to MM, inasmuch as they are provided, will be stored subject to the requirements of all laws.
    • The User is aware that a User providing information and details about himself to External Providers does so voluntarily and at his own responsibility, and MM makes no representation and/or undertaking in regards to the manner in which these will be stored and/or capped, if at all.
    • The User is aware that information and/or details provided to an External Provider may reach entities whom the User does not wish.
    • The User shall be solely responsible for any damage which he shall incur and/or shall be caused to any third party as a result of reliance on the Content in the App and/or use of the App, and he is aware that MM shall not bear any liability for any direct and/or indirect damage, monetary or otherwise, incurred by the User and/or third parties as a result of the use of the App and/or reliance on Content appearing therein.
    • The User agrees that MM shall be entitled to provide the User’s details to a third party if this is required according to law and/or if MM is threatened with legal proceedings (criminal or civil) in respect of actions and/or omissions by the User.
    • The User agrees that MM may utilise information collected during the course of the use of the App for purposes of improving the App’s services, subject to the provisions of the Privacy Policy which constitutes an integral part of this EULA.
    • The User will keep his password, inasmuch as he is provided with one, secret, and will bear responsibility for any use made of the password, even if made without his approval. It is the User’s responsibility to change his password from time to time. MM will not bear any responsibility for damages incurred as a result of unauthorised use.
    • The User is aware that MM does not provide any equipment and/or infrastructures required for the purpose of accessing the Internet and for purpose of use of the App, including end user equipment.
    • The User agrees to receive push notifications by means of the App.
  • A breach of what is stated in this chapter on the part of a User will constitute a fundamental breach of this agreement.

Purchase of Content

  • Various Content is offered for purchase on the App. The cost of the Content and characteristics are provided adjacent to all relevant Content.
  • Content which has been purchased will be downloaded and saved on the device on which the App operates. Backing up of Content is sole responsibility of the User.
  • MM shall be entitled to offer various deals from time to time. The terms of the deals, their dates, their scope, and duration are at MM’s exclusive discretion, and notice shall be provided through the App. Without derogating the aforementioned, Content maybe offered in streaming mode and access to Content maybe be sold on a monthly, yearly or other periodic automatic renewal subscription basis.
  • Payment for Content is made by means of the Distribution Platforms clearinghouse systems. The User undertakes to fulfill all of the provisions required for the purpose of using the aforesaid clearinghouse system, and in any event, to enter the details required of him during the purchase process, including credit details.
  • The User declares that there is no legal and/or contractual obstacle to him purchasing the Content and/or the App itself.

Intellectual Property and Ownership of Content

  • All of the rights in the App, including copyrights, including the name of the App, logos, trademarks, service marks, graphics, interfaces, program codes, and other Content related to the App and/or MM, belong to MM, whether there exists a specific rights notice or not, unless expressly stated otherwise and/or otherwise expressly agreed with MM.
  • MM is not the owner of the intellectual property rights, which belong to the operators of the Distribution Platforms.
  • You may not transfer, rent, lend, sell, upload, copy, grant sub-usage rights, make available to another, reverse engineer, create a derivative creation, retrieve source code, or make any use of the App and/or permit another entity to do any of the above, in a manner which harms the intellectual property rights of MM and/or which does not conform to the provisions of this EULA.
  • MM is entitled to sell the App (and all its Content and its components, in whole or in part, including User’s Content). Any consideration and/or benefit received in connection with use of the App, including commercial and including any which is received in connection with the Content of the App and/or in connection with a User’s Content shall be the sole property of MM, and under no circumstances will it be the User’s property.
  • Inasmuch as a User provides any Content and/or uploads any Content in connection with the App, he transfers and assigns to MM and/or grants MM a worldwide license, without consideration, in full, inclusive, permanent, and irrevocable, for all of the rights in the User’s Content, and MM shall be entitled to treat it as an owner for all intents and purposes, without limitation in time and/or location.
  • The User declares and affirms that he does not have and will not have, and waives in advance, in full and irrevocably, any rights to credit and/or completeness of the creation with regard to the User’s Content, and does not seek any consideration with respect thereto.
  • No Content may be used and/or uploaded in connection with the App, in which the User does not wholly own the rights.
  • A breach of what is stated in this chapter on the part of a User will constitute a fundamental breach of this agreement.

Credit/Refund

  • MM will credit/refund monies to a User who paid for the purchase of the App and/or the purchase of Content in the App, only if it is required to do so according to the credit policy practiced by the operators of the Distribution Platforms.
  • Inasmuch as the credit/refund policy of the Distribution Platform operators does not require providing a credit and/or refund, no credit/refund will be given unless this is required under the laws of the State of Israel.
  • In accordance with the laws of the State of Israel, the App and/or the Content constitutes “Information” as defined in the Computer Law, 5755 1995 and/or “Goods which may be recorded, replicated, or copied” and their installation and/or purchase and/or operation are equivalent to “Opening the original packaging” as stated in Sections 6(7) and 6(8) of the Israeli Consumer Protection Regulations (Rescinding a Transaction), 5771 2010 and/or in Sections 14C(d)(3) and 14C(d)(5) of the Consumer Protection Law, 5741 1981, and therefore no credit/refund will be provided unless MM otherwise previously agreed in writing, and at MM’s discretion only.
  • The User undertakes to stop using the App in the event he receives a credit/refund and/or the contractual engagement between him and MM is terminated, including because of a breach of the provisions of this agreement on the part of the User.

Technical Support

  • MM is entitled but not required to provide updated versions of the App. The responsibility for checking whether there are updated versions shall fall on the User only.
  • The User is aware that in such updated versions, characteristics and/or various elements in the App and/or the App’s compatibility with devices and/or operating systems may change and/or be removed, without prior notice and at MM’s exclusive discretion. A User has no and shall not have any claims with respect thereto. Installation of updated versions is the sole responsibility of the User.
  • The App and MM do not provide backup and/or restoring services. It is the User’s exclusive responsibility to make backups of the App and its Contents from time to time.
  • MM will provide technical support services. Inasmuch as the Distribution Platforms have binding requirements with regard to the scope and character of the support services which must be provided MM will act accordingly.
  • In any other case, the support services will be provided on the business days which are common in the Israeli market, between the hours of 09:00 and 16:30 (hereinafter the “Support Operation Hours”). Requests to technical support will be made in writing by email.
  • A request for support will be handled by the end of the business day following receipt of the request by MM. Requests received by MM outside of the Support Operation Hours will be considered as having been received at 09:00 on the following business day.
  • Inasmuch as it is possible from a technical standpoint, the support will be provided by means of instructions to the User by email, according to MM’s exclusive discretion. The User is aware and consents that with respect to certain devices and/or apparatuses, it is possible that MM will not be able to provide any support services at all or will only be able to provide limited support services for reasons of network accessibility and/or software and/or hardware and/or firmware controlled by a third party.
  • It is the User’s responsibility to check with MM prior to purchasing the App, whether MM can provide support services according to the device and/or apparatus in the User’s possession.

Correcting a Breach

  • MM hereby declares that it makes an effort to act in accordance with the requirements of all laws and according to the binding requirements of the Distribution Platforms.
  • With that, if and inasmuch as it is discovered that actions and/or omissions on the part of MM are not consistent with the requirements of any such law and/or what is stated in this EULA, the User will notify MM of this immediately and in writing, and will give MM 21 business days at least to correct the breach. Methods by which MM may be contacted are indicated in the introduction to this EULA.
  • The User waives any remedy which he is due with respect to any claim to breach on the part of MM, unless MM did not correct the breach within 21 business days from the date on which it actually receive written notice of the breach.

Breach of the Provisions of the EULA

  • The User undertakes to compensate and indemnify MM immediately upon its initial request with respect to any damage, loss, loss of profit, damage to reputation, harm to its good name, payment, or expense incurred by MM in connection with the unlawful use of the App by the User and/or in connection with a breach of what is stated in this EULA by the User and/or in connection with the causing of a breach of the agreement between MM and a third party (such as Distribution Platform operators), including legal expenses, attorney fees, and penalties, plus interest and linkage differentials as provided by Israeli law.
  • To the extent that MM is sued in connection with the unlawful use of the App by the User and/or in connection with a breach of what is stated in this EULA by the User and/or in connection with the causing of a breach of the agreement between MM and a third party (such as Distribution Platform operators), MM reserves its right to conduct its own defence in the litigations initiated against it, and the User undertakes to fully compensate and cooperate with MM in any such legal proceeding.
  • The User’s undertakings to compensate and indemnify MM will remain in effect even after termination of the use of the App and/or termination of the contractual engagement, provided that the grounds for the compensation and/or indemnification came into being prior to the termination.
  • Any remedy granted to MM under this agreement is cumulative (and not alternative) to any other remedy available to MM under this agreement and/or the law.
  • A breach of what is stated in this chapter on the part of a User will constitute a fundamental breach of this agreement.

Miscellaneous and Legal Jurisdiction

  • Any waiver granted to MM as stated in this EULA will also apply if MM foresaw or could have foreseen the causes of action in respect of which the waiver was granted, and/or their outcomes.
  • MM alone shall be entitled to assign and/or transfer and/or pledge its rights (including its right to receive payment from Users) and/or its obligations under this EULA to any third party at its discretion and without requiring consent of the User, whether in advance or retroactively. Inasmuch as MM asked as aforesaid, it represents that the User’s rights under this EULA shall not be harmed.
  • This EULA, any dispute stemming and/or relating to the use of the App and/or Content shall be exclusively subject to the laws of the State of Israel, and it shall be litigated exclusively in Israel, before the Magistrate Court in Rishon Letziyon or the Central District Court in accordance with the relevant subject matter jurisdiction.
  • This EULA, which as aforesaid constitutes a binding agreement between MM and the User, exhausts the agreements between the parties and replaces any representation and/or undertaking and/or agreement given in writing and/or orally by either of the parties.
  • No waiver, assumption, abstention, or delay on the part of MM in exercising its rights under this EULA shall be interpreted as a waiver or impediment unless made in writing.
  • MM shall be entitled to send various notices to a User in one of the following ways, at MM’s exclusive discretion: (1) by means of a notice in a general information window in the App; (2) by means of email to the User’s email address as provided by him; (3) by telephone; (4) text message; (5) fax message; (6) registered mail.
  • All notices sent to MM will be considered as having been delivered to it on the business day following the date on which it is actually received (provided that the User has evidence of actual receipt). In the event of notices sent to a User by means of the App, these shall be considered as having been delivered and received on the date on which the first use of the App is made after the notice was sent.
  • Particulars of the contractual engagement with MM appear in the introduction to this EULA.

MM’s contact details are Mind Metronome Ltd., at Email: hello@mindmetro.com