Plaiview Ltd. (“Plaiview“, “us“, “our“, or “we“), a company incorporated in the State of Israel with Company No. 516394012, allows its users to relive their football games by recording them and creating summarized highlights videos through its mobile application (“App“). These Terms of Service (“Terms“) govern your access and use of the App. Our Privacy Notice, available at plaiview.com/privacy-notice (“Privacy Notice“) governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). “You” means an individual using the App.

Please read these Terms carefully. By clicking on the button marked “I agree” you assent to these Terms. We may change these Terms from time to time and by continuing to use the App following any changes, you agree to the amended Terms. If you do not agree to any of these Terms, please do not click the button marked “I agree” and do not use or access our App.

1. Use of App
   

• Subject to these Terms, Plaiview allows you to use and access the App on a non-exclusive basis. Plaiview may, at its sole discretion and at any time, modify or discontinue providing the App, any features thereon, or any part thereof without notice and shall not be liable to you or any third party for any modification or discontinuance of the App.

• Use of and access to the App is void where prohibited by law. You represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years old, and have the ability to form a binding contract; (d) your use of the App does not violate any applicable law, regulation, or obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, and these Terms throughout your use of the App. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and Plaiview. The right to access the App is revoked where these Terms or use of the App is prohibited.
  
  

2. Data and Privacy. Plaiview may collect certain data, including Personal Data, such as your comments, suggestions, and feedback on the App, and may also track your use of the App through analytic tools, in accordance with our Privacy Notice. All such comments, suggestions, feedback, and analytic data (collectively, the “Beta Feedback“) is the exclusive property of Plaiview. Plaiview may also collect videos that were captured via the App in the football field and/or their final outcome. Such videos may be used by Plaiview to develop new products and services and/or conduct analyses to improve our current content, products, and the services available through the App, all in accordance with the Privacy Notice.
   
   

3. Account Registration

• In order to use the App, you will need to have a registered account. You can register by logging in through your Google or other third-party login account (“Login Account“) as may be permitted by Plaiview from time to time. By registering through a Login Account you represent and warrant that such Login Account is yours and that you have full rights to use the Login Account in connection with the App. To complete the registration process, you must provide all (additional) registration information that we request. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with an improved experience on the App.

• Subject to applicable law, Plaiview may refuse to open an account for any individual at its sole discretion. You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for the security of your mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, Plaiview will not be liable for any losses or damage arising from unauthorized use of your account. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the App.
  
  

4. Termination of Account

• Plaiview may suspend or terminate your account at any time by providing three (3) days’ prior notice. In addition, Plaiview may suspend or terminate your account with immediate effect and may take any other corrective action it deems appropriate upon occurrence of any of the following events:(i) violation of the letter or spirit of these Terms, (ii) behavior that is fraudulent, harassing, abusive, illegal or harmful to other users, third parties, or the business interests of Plaiview. If your account is terminated, you may not rejoin Plaiview without permission. Plaiview may modify or discontinue the App for all users at any time. Upon termination of your account, you shall not have any further access to any content or materials that may be available through your account.

• We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the App. We will cooperate with any law enforcement authorities or court order directing or requesting that we disclose the identity, behavior, or User Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the App.

• You may request termination of your account at any time by sending an email to support@plaiview.com. Following such request, we shall close your account as soon as reasonably practicable. Suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension or termination.

5. The App is currently in “beta” stage and is offered free of charge. We reserve the right to charge for use of the App or various features in the future.

6. Content

• Certain types of content may be made available through the App. “Content” as used in these Terms means, collectively, all content on or made available through the App, including any images, photos, pictures, videos, or articles, and any modifications or derivatives of the foregoing.

• PLAIVIEW DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT. PLAIVIEW DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO PLAIVIEW’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE APP OR OTHERWISE.
  
  

7. User Content

• Plaiview allows you to provide certain types of content through the App including your contact name, email address, videos that you capture of your football games as well as any feedback to the App (“User Content“). If you choose to provide User Content, you represent and warrant that (i) the User Content are yours and you have the right to provide such User Content; (ii) the provision of such User Content will not violate any law; and (iii) it will not violate any third-party rights.

• PLAIVIEW DOES NOT ENDORSE ANY USER CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY USER CONTENT AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ALL LIABILITY IN CONNECTION WITH USER CONTENT. PLAIVIEW DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO PLAIVIEW’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.
  
  

8. User Content Restrictions

• Plaiview has no obligation to accept, display, or maintain any User Content. Moreover, Plaiview reserves the right to remove and permanently delete any User Content uploaded by you without notice if such User Content is suspected to be infringing or in the event of termination of the applicable account. You are and shall remain fully and solely responsible for any User Content that you provide. You represent and warrant that any User Content that you provide complies with applicable law and that you have all necessary rights, licenses, consents, and authorities required to provide such User Content.

• Without limiting the above, you agree that you will not transmit, submit or upload any User Content or act in any way that:
  • restricts or inhibits use of the Services;
  • violates the legal rights of others, including defaming, abuse, stalking or threatening users or individuals;
  • infringes (or results in the infringement of) the intellectual property, moral, publicity, privacy, or other rights of any third party;
  • is (or you reasonably believe or should reasonably believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
  • does not comply with all applicable laws, rules and regulations;
  • posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following:
    • material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity),
    • material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening,
    • pornography or obscene material,
    • any virus, worm, trojan horse, or other harmful or disruptive component; or
    • anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.]

• Plaiview may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means, provided however, that Plaiview reserves the right to treat User Content as content stored at the direction of users for which Plaiview will not exercise editorial control except when violations are directly brought to Plaiview’s
  
  

9. Use You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the App without our prior written authorization, including framing or mirroring any part of the App; (2) circumvent, disable, or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any User Content or other content available through the App; (3) use the App or content thereon in connection with any personal or commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the App; (5) use or access another user’s account without permission; or (6) use the App or content thereon in any manner not permitted by these Terms or applicable law, including all applicable export laws and regulations to (re)export the App and/or any related materials in violation of such laws.

10. Intellectual Property

• Plaiview or its licensors, as the case may be, have all right, title, and interest in the App, and any content thereon (excluding User Content), including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the App for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the App. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Plaiview or any third party. If you provide Plaiview with any feedback regarding the App, Plaiview may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

• You have all right, title, and interest in the User Content you provide. By submitting or posting any User Content, you grant Plaiview and its successors and assignees a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, alter, and/or decompile such User Content on, through or in connection with the App, including for improvement of the App and development of new features and services.

11. Disclaimers and Disclaimer of Warranty

• All information and content posted on the App is for informational purposes only and Plaiview provides no guarantees with respect thereto. Your use of the App is at your sole discretion and risk. The App and content thereon are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that App will be of good quality or useful for your needs.

• WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE APP OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE APP; (II) THAT THE APP WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED. YOU ACKNOWLEDGE AND AGREE THAT THE APP MAY BE PROVIDED IN ITS BETA PHASE, THE FEATURES OF WHICH HAVE NOT BEEN FULLY IMPLEMENTED OR REFINED, AND CONSEQUENTLY MAY ENTAIL UNRESOLVED ISSUES AND DEFECTS.

• No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

• You acknowledge and agree that Plaiview is not a data retention service. You therefore must create backups of your data, and Plaiview shall have no responsibility or liability in respect of any loss of, damage to, or corruption of any such data.
  
  

12. Beta Phase. Please note that the App is currently being provided in its beta phase, the features of which have not been fully implemented or refined. As with any beta phase, the App currently constitute a work in progress and as such, there may be unresolved issues that could cause loss of data and/or system failure. Unless you are comfortable using beta software and understand the implications thereof, please do not to use this beta version of the App.
    
    

13. Limitation of Liability

• Without derogating from any of the above, we assume no responsibility for any error, interruption, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any materials or App. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer systems or equipment, servers, software, failure due to technical problems or traffic congestion on the Internet or on the App. We shall not be responsible for any loss or damage, including personal injury or death, resulting from the conduct of any users of the App. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Plaiview, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.

• IN NO EVENT SHALL PLAIVIEW, ITS OFFICERS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER PLAIVIEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT OF $50 OR WHAT YOU HAVE PAID US IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE. IF YOU HAVE NOT MADE ANY PAYMENTS TO PLAIVIEW FOR THE USE OF THE APP, THEN PLAIVIEW SHALL NOT HAVE ANY LIABILITY TOWARD YOU.
  
  

14. You agree to indemnify, defend, and hold harmless Plaiview, and its employees, directors, officers, subcontractors and agents from and against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs, attorneys’ fees, and any administrative and/or criminal fines) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your account and/or computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the App; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law. You may not settle or compromise such suit without our prior written consent. We may be represented in any such suit by counsel of our own choosing at our own expense.
    
    

15. Third-Party Content. The App may provide you with third-party links (including, without limitation, advertisements) to websites, applications, and services. We make no promises regarding any content, goods or services provided by such third parties and all use of third-party websites and applications is at your own risk. Additionally, we do not accept responsibility for any payments processed or submitted through third-party websites and applications or for the privacy policies of such third parties. We do not endorse any products offered by third parties and we urge our users to exercise caution in using third-party websites or applications.
    
    

16. Notices. Any required notices pursuant to these Terms may be sent by registered mail or email transmission (with electronic confirmation of delivery) to the addresses of the parties hereto set out herein or provided upon registration, as applicable, and any such notice shall be deemed to have been received one (1) business day after delivery by courier, four (4) business days after delivery by registered mail and one (1) business day after email transmission and written confirmation receipt of such transmission.
    
    

17. These Terms shall be governed solely by the laws of the State of Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Plaiview or enables you to act on behalf of Plaiview.
    
    

18. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.