MYMOVE (BETA VERSION) END-USER LICENSE AGREEMENT

BETA DISCLAIMER: PLEASE NOTE THAT THIS IS A BETA RELEASE OF THE MYMOVE BAND WHICH IS STILL UNDERGOING FINAL TESTING AND IS IN THE PROCESS OF RECEIVING REGULATORY APPROVAL. THE OFFICIAL RELEASE OF THE MYMOVE BAND IS PLANNED FOR MARCH 2021. THE GOAL OF THE BETA IS TO ENABLE CUSTOMERS TO PROVIDE FEEDBACK ON FEATURES BEFORE THEY ARE FINALIZED. AS SUCH, SOME FEATURES ARE IN AN INTERIM STATE THAT IS SUBJECT TO CHANGE. FURTHERMORE, COMPLETE DOCUMENTATION FOR THIS RELEASE IS NOT AVAILABLE YET.

IMPORTANT- READ CAREFULLY: This MyMove (Beta Version) End-User License Agreement (“EULA”) is a legal agreement between you (either on your own behalf or on behalf of a legal entity you represent) and 6Degrees Ltd., its employees, directors, officers, contractors, and all of its respective authorized representatives, licensors, and assigns (“6Degrees”). The EULA governs your access to and use of the “pre-release” version of the MyMove band (“Device”), as well any associated services, support, user or technical manuals, materials or other documentation applicable to the Device (“Services”), unless other terms or license apply on such Device or Services. 

BY ORDERING OR USING THE DEVICE, YOU REPRESENT THAT YOU HAVE FULL LEGAL CAPACITY TO ENTER INTO A LEGALLY BINDING AGREEMENT, AND YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA OR ANY PART HEREOF, YOU SHOULD NOT ORDER THE PRODUCT. 

1. GRANT OF LICENSE

 

6Degrees grants you a personal, non-exclusive, non-transferable, non-sublicensable license to use the Device and Services for your own personal or internal business use, subject to payment of the applicable fees and compliance with the terms and conditions of this EULA, or any other terms and conditions that 6Degrees may apply on the Device and Services. 

2. RESTRICTIONS AND LIMITATIONS ON USE OF THE DEVICE 

Except as permitted by Section 1 (Grant of License), you will not and will not allow a third party to: (i) copy, reproduce, modify, vary or create derivative works based on the Device or Services in whole or part; (ii) license, lease, sell or otherwise commercially exploit in any manner the Device or Services; (iii) reverse engineer, decompile or disassemble the Device or Services; (iv) remove, modify, or conceal any product identification, copyright, proprietary, intellectual property notices or other marks on or within the Device or its Services; or (v) .

You agree that you shall only use the Device and Services in compliance with all applicable laws and regulations of the country or region in which you reside or use the Device and Services.

3. OWNERSHIP

6Degrees and its licensors own and reserve all rights, title and interests in and to the Device and Services. Your rights to use the Device and Services are limited to those expressly granted by this EULA.  No other rights with respect to the Device, Services or any related intellectual property rights are granted or implied.

 

4. FEEDBACK

 

Any and all comments, suggestions or recommendations (verbal or written) that you provide to 6Degrees in connection with the Device and/or Services (including, without limitation, regarding modifications, enhancements, improvements or other changes to the Device and/or Services) (collectively, “Feedback”) is voluntary, is at no cost to 6Degrees, and is without any restrictions on 6Degrees. You hereby acknowledge that any and all intellectual property rights in the Feedback and any changes or improvements to the Device and/or Services resulting from the Feedback, is and shall remain the property of 6Degrees.

 

5. SUPPORT SERVICES

 

6Degrees agrees to use commercially reasonable efforts to provide you with initial setup assistance and support services related to the Device which is provided “as is,” without warranty of any kind. If you require support services, you may submit a request via: info@6degrees.tech and 6Degrees will make an effort to reply within a reasonable timeframe.

 

6. LIMITED WARRANTY

THE DEVICE AND SERVICES ARE PROVIDED “AS-IS” AND ONLY IN ACCORDANCE WITH THE DOCUMENTATION PROVIDED BY 6DEGREES. YOU EXCLUSIVELY BEAR ANY RISK OR DAMAGE ARISING OUT OF USING THE DEVICE. 6DEGREES GIVES NO EXPRESS WARRANTIES, GUARANTEES OR COMMITMENTS, AND SHALL NOT BE LIABLE FOR LOSSES ARISING FROM YOUR USE OF THE DEVICE AND SERVICES AND FOR ANY LOSSES ARISING FROM YOUR INABILITY TO USE THE DEVICE AND SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 6DEGREES AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE DEVICE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. 

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 6DEGREES OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE DEVICE AND SERVICES. IN ANY CASE, YOU CAN RECOVER FROM 6DEGREES ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID IF AT ALL TO 6DEGREES FOR THE DEVICE OR SERVICES DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. THIS LIMITATION APPLIES: (A) TO ANYTHING RELATED TO THE DEVICE AND SERVICES; AND (B) EVEN IF 6DEGREES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR 6DEGREES KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. THE ABOVE LIMITATION OR EXCLUSION SHALL NOT APPLY TO THE EXTENT THAT YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER ANY LAWS OF YOUR PERMANENT RESIDENCE OR IF YOUR COUNTRY DOES NOT ALLOW 6DEGREES TO EXCLUDE OR LIMIT ITS LIABILITY, WHICH THIS EULA CANNOT CHANGE OR AFFECT. 


 

8. INDEMNIFICATION

 

You agree to defend, indemnify and hold harmless 6Degrees and anyone on its behalf, including but not limited to, all of its shareholders, managers, directors, officers, affiliates and employees, against any losses, expenses, costs, claims, damages (including reasonable attorney fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your use of the Device and Services and/or breach of this Agreement.

9. FEES 

You acknowledge that the license granted to you in this EULA is subject to payment of the applicable fees which may apply to the Device and/or Services (or portions thereof). 

10. PRIVACY POLICY AND CONSENT TO PROCESS PERSONAL INFORMATION. 

6Degrees is committed to maintaining the privacy and security of your personal information. Collecting and processing your personal information may be necessary to provide you with our relevant Device and Services, and to improve overall security for you. Therefore, you expressly agree that 6Degrees is permitted to collect and process (including copy, backup, store and use) any personal or technical information you provide in relation to your access and/or use of the Device and Services.

11. TERMINATION

Without prejudice to any other rights, 6Degrees is permitted to terminate this EULA or your rights under this EULA at any time if you fail to comply with the terms and conditions of this EULA.

12. ENTIRE AGREEMENT 

If any portion of this EULA is found to be void or unenforceable, the remaining provisions of the EULA shall remain in full force and effect. Except as expressly stated or as expressly amended in a signed agreement, this EULA and any terms and conditions for supplements, updates and services that you use, constitute the entire legal agreement for the Device and Services.

13. GOVERNING LAW AND JURISDICTION

This EULA shall be governed and construed in accordance with the laws of the State of Israel without giving effect to any conflict or choice of law provisions. You and 6Degrees consent to the exclusive jurisdiction and venue of the competent courts of Tel Aviv, Israel, for all disputes arising out of or relating to this EULA. Notwithstanding the foregoing, 6Degrees may seek injunctive relief in any court of competent jurisdiction.

Should any provision of this EULA be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such provision of this EULA should not invalidate the remaining provisions hereof, and they shall remain in full force and effect.

14. LEGAL EFFECT  

This EULA describes certain legal rights and obligations between you and 6Degrees. You may have other rights or obligations under any law or regulation of your permanent residence. This EULA does not affect or change your rights or obligations under the laws or regulations of your permanent residence, if these laws or regulations do not permit it to do so.

15. CONTACT

If you have any questions (or comments) concerning this EULA, you are welcome to contact us via info@6degrees.tech and 6Degrees will make an effort to reply within a reasonable timeframe.

 

Last updated: October 26th, 2020.