Welcome to the תן יד App developed by HelpSpace Ltd. (“HelpSpace”, “We” or “Us”). These Terms of Use and the HelpSpace Privacy Policy available at https://www.helpspace-ltd.com/legals/PrivacyPolicy and Additional Terms (as defined below) (collectively, the “Terms”), set forth the terms and conditions under which HelpSpace makes available the תן יד App and any services which may be available therein or otherwise provided by Us (collectively, and including the "Content" as defined below, herein referred to as the “App”).

BY USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS AS MAY BE AMENDED FROM TIME TO TIME (AS SET FORTH BELOW).

Please read the Terms carefully before You continue to make any use of the App. If You do not agree to the Terms, You should exit, remove the App from your device and cease any further use of thereof. For the purpose of these Terms, the term "use" means any entrance, access or attempt to access the App or otherwise any action you may do or attempt to do in connection therewith.

APP AND USAGE THEREOF

The App is a software application designated to be installed on certain (not all) mobile device and among others (a) provide you with certain Content such as information regarding tasks between Caregiver and the Elderly/Patient, including location, photos, personal information, etc. ("Caregiver" and "Elderly/Patient", respectively); (b) may enable you (if authorized) to view information about caregiver, such as their current location and work; (c) may enable you (if authorized) to view information about Elderly/Patient, such as their home location; (d) may be able to enter information and data about Caregiver and/or Elderly/Patient.

You further agree not to, or attempt to:

•   • sell, rent, lease, bundle, transfer, display, resell for profit or otherwise distribute the App or any part thereof;
•   • modify, decompile, disassemble, or otherwise attempt, directly or indirectly, or reduce the App to a human-perceivable form or disrupt the App, servers or networks connected to the App, deny service to, hack, crack, reverse engineer, or otherwise interfere with the App any manner, or
•   • breach any requirements, procedures, policies, or regulations of networks connected to the App;
•   • scrape, crawl, mine or use any other form of automated system or software to extract data from the App;
•   • change, adapt, translate, and/or create derivative works based upon the App;
•   • remove or obscure any intellectual property (i.e. copyright and trademark) notices relating to the App;
•   • create a database by systematically downloading and storing all and/or any Content from the App;
•   • monitor the App’s availability, performance or functionality, or for any other benchmarking or use the App, or any part thereof, for competitive purposes;
•   • gain a competitive advantage against Us;
•   • use the App for any illegal, immoral or unauthorized purpose, to encourage criminal behavior, non-ethic manner, or conduct that would constitute a criminal offense under any law, or in a manner that could give rise to civil liability or other lawsuit; or
•   • use the App in a way that infringes or violates these Terms, or infringes or violates the rights of any user or other third party.

Additional Terms. We may include additional, specific and/or different instructions, rules terms in connection with the activities, services and/or products we have of may have (“Additional Terms”). Unless stated specifically such Additional Terms shall be subject to these Terms of Use and be made subject thereto and part of the Terms.

We reserve the right at any time and from time to time, without being obligated to provide prior notice and/or any other liability, to modify, suspend, or discontinue, temporarily or permanently, the App or any part thereof, or Your access thereto, and to modify, suspend or terminate the App or any part thereof, all at our sole discretion. You will have no claim, complaint or demand against Us or against our related parties or affiliates (“Related Parties”), for applying any of such changes or for failures to apply such changes.

INTELLECTUAL PROPERTY

As between Us and You, We own all right, title and interest in and to all patents, copyrights, trademarks, trade secrets, and all other intellectual property or other property rights in or to the App and all aspects of the App, including, without limitation, any and all Content and all functions therein, regarding any of the foregoing at any time and as of their first creation.

The App includes all content, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, business models, and any computer code ("Content"). Content includes (without limitation) the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content.

We only authorize you to view the Content, provided that your view of such Content is for your personal purposes only and not any other purpose. No other right or license is provided in connection with the App (and such rights and licenses are specifically reserved by us). No logo, graphic, sound, video or image from the App may be copied or retransmitted unless expressly authorized by Us in writing. The materials on the App are proprietary and any unauthorized use of any materials on the App may violate copyright, trademark, and other laws.

THIRD PARTY CONTENT

The App may make available to You Content, services, products, advertisements, offers, and other content of third parties ("Third Parties" and "Third Party Content"). Third Party Content may also contain links to Third Parties' websites and/or apps that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third Party website and/or app. By using the App, You expressly consent to receive Third Party Content. We do not monitor Third Party Content and its availability through the App does not constitute any endorsement or recommendation on our behalf.

The rights to such Third Party Content are protected by applicable laws, including proprietary and intellectual property rights, are reserved by the parties who provide the Third Party Content, or their licensors, who may enforce their rights against You directly. Third Party Content may be subject to further terms of use, agreements, policies or other conditions. Please read and consent to such Third Party Content terms prior to making use of any Third Party Content.

We are not responsible for any Third Party Content and/or actions of or information regarding any Third Party and make no representation or warranty of any kind, either express or implied, regarding the Third Party Content and/or actions of any Third Party, including with respect to non-infringement of rights, accuracy, usefulness, safety of use or legal compliance. You will have no claim, complaint or demand against Us or against our Related Parties in connection with any Third Party and/or Third Party Content.

NO WARRANTIES

You agree that your use of the App shall be at your sole risk. The App operation and the Content therein are provided on an "As Is" basis. We make no warranty of any kind, ‎express ‎or implied, including, without limitation, any implied warranty regarding ‎the ‎functionality, accuracy, merchantability, up-to-date, non-infringement, ‎‎reliability, operability, error free, or fitness for a particular purpose, with respect to the App. Please note that you use of the App and is at your own risk.

LIMITATION OF LIABILITY

With respect to the App, our entire liability and your exclusive remedy with respect to any dispute with us or any of our related parties is to discontinue your use of the App. We and our Related Parties and our and their respective shareholders, directors, officers, employees, or agents shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damage (even if such damage could have been reasonably foreseen) arising from your use of the App and/or in connection to any content or any other information or data provided to you via the App. These exclusions for direct, indirect, special, incidental, consequential or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the minimum amount permitted by law.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless HelpSpace and its Related Parties, and HelpSpace’s and Related Parties’ members, shareholders, officers, directors, employees, and agents, from and against any and all, direct or in direct, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), at HelpSpace's first demand, arising from: (i) Your use of the App; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright or other intellectual property or privacy right included in the App.

AMENDMENTS TO THE TERMS

We may change the Terms from time to time, at our sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the App and/or we will send you an e-mail regarding such substantial changes to the e-mail address that you provided during registration for the App. Such substantial changes will take effect immediately after such notice was provided on the App or sent via email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the App after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

ADDITIONAL TERMS

With respect to certain products and/or services, current or future, additional and/or other terms and/or conditions may apply ("Additional Terms"). Unless provided otherwise, such Additional Terms shall apply in addition to the Terms and shall not derogate therefrom.

MISCELLANEOUS

Entire Agreement. These Terms embody the entire agreement between You and Us and supersede any and all prior understandings and agreements, oral or written, relating to it.

Assignment. We may assign these Terms and any right or obligation in respect to the App, in whole or in part, to anyone else.

Severability. If any term of these Terms is held unenforceable, for any reason, legal or other, that term shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining Terms shall remain in full force and effect.

Waiver. Our failure to enforce any term and/or right granted in these Terms will not constitute a waiver of such or any other term.

Notice. Any notices to Us or question regarding these Terms may be sent to: info@helpspace-ltd.com.

Governing Law and Jurisdiction. The courts of Tel-Aviv-Yafo, Israel shall have exclusive jurisdiction over any disputes hereunder. These Terms shall be interpreted exclusively in accordance with the laws of Israel.