TERMS OF USE

This agreement ("ToU") is between you ("you") and Better Care Ltd., an Israeli registered company ("we", "us", "our" or "Better Care") regarding your use of our application known as "Bettercare for Families" (the "App") and the services related thereto. The ToU applies to any updates and upgrades unless we shall publish other terms as and when released. 

THE VERSION OF THE APP IS A BETA VERSION, AND THE USE HEREOF IS SUBJECT TO THE TERMS AND CONDITIONS OF THE TOU AND THE PRIVACY POLICY (DEFINED BELOW). 

Before downloading and using the App and services, we ask you to carefully view the terms below. By checking the box “I accept to the Terms and Condition and the Privacy policy”, or by your use of the App, you are agreeing to the terms of the ToU and the Privacy Policy, which is available at https://bettercare.info/bettercare-apps-privacy-policy/, incorporated into these ToU by reference and form a part of the ToU. If you do not agree to any of the terms of these ToU or any of the Privacy Policy terms, do not check the checkbox declaring you agree to the Tou and Privacy policy” do not use the services, and remove or disable the App.

THE APP IS USED BY YOU AS A CARETAKER OF AN INDIVIDUAL (THE “INDIVIDUAL”), AND THE RIGHTS AND AUTHORIZATIONS HERETO AND THE INFORMATION DISCLOSED BY YOU AND/OR PROVIDED TO YOU VIA THE APP ARE AUTHORIZED AND GRANTED TO YOU BY THE INDIVIDUAL OR  THE GUARDIAN OF THE INDIVIDUAL (THE “GUARDIAN”). 

BY USING THE APP YOU DECLARE, WARRANT AND CONFIRM THAT BY YOU PROVIDING AND/OR COLLECTING VIA THE APP INFORMATION, INCLUDING PERSONAL INFORMATION, OF THE INDIVIDUAL AND/OR ENABLING THE GUARDIAN TO PROVIDE AND/OR COLLECT AND/OR VIEW VIA THE APP THE INFORMATION, INCLUDING PERSONAL INFORMATION OF THE INDIVIDUAL, THAT YOU ARE DOING SO UNDER THE AUTHORIZATION AND APPROVAL OF THE LEGAL GUARDIAN OF THE INDIVIDUAL AND/OR YOU ARE LEGALLY AUTHORIZED AND EMPOWERED TO PROVIDE AND/OR COLLECT SUCH INFORMATION, INCLUDING PERSONAL INFORMATION, OF THE INDIVIDUAL AND/OR YOU RECEIVED CONSENT OF SUCH INDIVIDUAL TO PROVIDE AND/OR COLLECT INFORMATION, INCLUDING PERSONAL INFORMATION, OF THE INDIVIDUAL. IF YOU DO NOT HAVE SUCH LEGAL RIGHT AND/OR SUCH AUTHORIZATION, YOU ARE NOT ALLOWED TO PROVIDE NOR COLLECT ANY INFORMATION, INCLUDING PERSONAL INFORMATION, OF THE INDIVIDUAL, AND YOU ARE NOT ALLOWED DO USE THE APP TO PROVIDE AND/OR COLLECT INFORMATION OF ANY KIND, INCLUDING WITHOUT LIMITATION, PERSONAL INFORMATION OF THE INDIVIDUAL. 

BY USING THE APP YOU REPRESENT AND AGREE THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS IN CONNECTION WITH YOUR USE OF THE APP, YOU WILL NOTIFY THE GUARDIAN AND/OR THE INDIVIDUAL OF THE USE OF THE INDIVIDUAL’S PERSONAL INFORMATION COLLECTED BY YOU THROUGH THE APP, AND WILL OBTAIN THE GUARDIAN’S AND/OR THE INDIVIDUAL’S CONSENT, AND USE SUCH PERSONAL INFORMATION FOR LAWFUL AND LEGITIMATE PURPOSES ONLY. 

CREATING AN ACCOUNT AND MAINTAINING CONFIDENTIALITY OF YOUR PASSWORD

When you register to use the App, we will provide you with a username and password, which will enable you to access your account. PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE APP WILL BE DEEMED BINDING ON YOU. In this regard, you agree: (a) to keep your password secure and confidential; (b) not to permit others to use your account; (c) not to transfer or assign your account's password to a third party; (d) that you are solely responsible for actions taken in your account, and you agree that we will not be liable for any loss or damage arising from any unauthorized use of your account or any other breach of security relating to your account. On becoming aware of any unauthorized use and/or breach of your account, you will notify us without delay, at: info@bettercare.co.il.

APPLICATION AVAILABILITY 

Without derogating from the foregoing in the “Disclaimer of Warranty” section below, note that the availability and functionality of the App depends on various factors, including software, hardware, and communication networks, that are provided by third parties. These factors are not fault free and are not under our control, and we take not responsibility nor are we liable for any failure deriving therefrom. 

We do not warrant that the App will operate without disruptions, errors, or interruptions, or that it will be accessible or available at all times or be immune from errors or unauthorized access. 

LICENSE

Subject to your compliance with the terms of these ToU and the Privacy Policy, we grant you a non-exclusive, non-transferable, non-sublicenseable, noncommercial, revocable in accordance with the terms hereunder, license to download the object code version of the App for one user account on one mobile device owned or leased solely by you, solely for your use, and solely in accordance with the terms and conditions of these ToU and the Privacy Policy.

You agree to provide us with accurate and truthful registration information, including, but not limited to, your name, date of birth, address, telephone number, and e-mail address to keep your registration information current throughout your use of the App and related services. 

PROHIBITED USES

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, disclosing, or exploiting any part of the App and/or Service in any medium, including by any automated or non-automated “scraping”; (ii) using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the App and/or Service in a manner that sends more request messages to us servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) systematically downloading or storing content from the App other than as part of the service the App enables and as authorized by us; (iv) transmitting spam, chain letters, or other unsolicited email; (v) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the App; (vi) taking any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vii) uploading invalid data, viruses, worms, or other software agents through the App; (viii) collecting or harvesting any personally identifiable information, including account names, from the App; (ix) using the App for any commercial solicitation purposes; (x) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity; (xi) interfering with the proper working of the App; (xii) reverse engineering, decompiling, or disassembling any part of the App, except where such restriction is explicitly prohibited by applicable law; (xiii) restricting or inhibiting any other person from using the App; (xiv) accessing any content on the App through any technology or means other than those provided or authorized by the App; (xv) bypassing the measures we may use to prevent or restrict access to the App, including features that prevent or restrict use or copying of any content or enforce limitations on use of the App, or the content therein; (xvi) to create a competitive and/or substitute product and/or solution; or (xvii) using or accessing the App in an abusive, excessive, or inappropriate manner as determined in our sole discretion, which may include, but is not limited to (a) initiating or engaging in unjustified, excessive, superfluous, or unsuitable visits; (b) repeatedly terminating or exiting visits before their conclusion; (c) creating a hostile and/or harassing environment; or (d) otherwise engaging in inappropriate behavior through the App.

CHANGES IN THE APP 

Prior to any remotely sent installations on your mobile device by us, including updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the App, we will send and obtain your prior approval. Such approval, to the extent received by you, may be obtained to: (a) restore settings and preferences that had originally been set by a previous version of the App, but were then subsequently modified by another application; or (b) change the App's layout, design, or display.

We may, at any time and without notice, modify the scope or availability of the App’s related services and/or features. Such changes by their very nature may cause inconvenience or even malfunctions. 

You acknowledge and confirm that we do not assume responsibility nor liability of any kind whatsoever, with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom. 

SERVICE PERIOD

The services offered via the App shall begin as and when you download the App, approve these ToU and our Privacy Policy and provide the complete registration information, and shall continue until terminated by you by uninstalling the App. With respect to features for which charges apply, you shall be eligible to use such features subject to your timely payment.

We may, however, at any time, at our sole discretion, terminate the operation of the App, or part thereof, temporarily, or permanently. We will make reasonable efforts to provide prior notice to this effect. Notwithstanding the foregoing, you recognize that we do not assume responsibility with respect to, or in connection with, the termination of the App's operations. 

TECHNICAL SUPPORT 

We are not obligated to provide technical support or maintenance for the App and related services. However, we may make available such technical support features and to the extent such are offered it shall be provided at our sole discretion without guarantee or warranty. 

FEEDBACK 

You may choose to, or we may invite you to, share or submit comments or ideas about the App and/or related services, including about how to improve the App and/or service or our products (“Ideas”). By sharing or submitting any Idea, you hereby agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any compensation whatsoever to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submitted Ideas, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you. You also warrant and represent to us that in connection with any Idea disclosed by you that you have reason to believe it is subject to any patent, copyright, or other intellectual property claim or right of any third party. 

INTELLECTUAL PROPERTY 

All rights, title, and interest in and to the App, the services and features therein, and any part of either of the foregoing thereof, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to us, and you hereby acknowledge and agree that all right, title, and interest in the App and the services and/or features therein, and all content of each of the foregoing, including without limitation all copyrights, database rights, trademarks, trade secrets, and other intellectual property rights of any kind therein or relating thereto, together with the underlying software code, are exclusively owned by us. 

You may not copy, distribute, display, or perform publicly, sublicense, decompile, disassemble, execute or make available publicly, adapt, commercially use, process, compile, translate, sell, lend, rent, reverse engineer, modify or create derivative works of the App, or of any part thereof, or any of the content thereon or thereof, either yourself or through or with the assistance of a third party. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to our trademarks, services marks and/or logos. You may not take any action which does or may dilute or tarnish our goodwill and good name. 

DISCLAIMER OF WARRANTY 

THE APP IS A BETA VERSION.

IT AND THE SERVICE THEREIN ARE PROVIDED ON AN “AS IS,” “WHERE AVAILABLE” AND “AS AVAILABLE” BASIS. USE OF THE APP AND/OR SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APP, AND THE SERVICE (INCLUDING ANY PAID SERVICE) AND THIRD-PARTY MATERIALS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, NON-INFRINGEMENT, AND TITLE. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.  WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT THE APP AND ITS ACCURATE, ARE RELIABLE, OR CORRECT; THAT THE APP AND SERVICES THEREIN WILL MEET YOUR REQUIREMENTS; THAT THE APP AND RELATED SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE APP AND SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ACKNOWLEDGE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE APP AND SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP AND/OR SERVICE IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE APP AND/OR SERVICE.

WE ALSO DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP AND/OR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 

Some jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. The disclaimers and exclusions herein will not apply to the extent prohibited by applicable law. All disclaimers of any kind (including in this section and elsewhere in this ToU) are made for our benefit and our affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers, and service providers, and their respective successors and assigns.

LIMITATION OF LIABILITY 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT ARE WE AND/OR SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE APP AND/OR SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM COMPUTER FAILURE OR MALFUNCTION, HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APP AND/OR RELATED SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM UNFULFILLED TAKS MALPRACTICE, FRAUD, OR THE NEGLIGENCE UTILIZED THROUGH THE APP.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR INFORMATION; (II) ACTS OR OMISSIONS BY YOU; (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE APP; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP AND/OR THE RELATED SERVICE THEREIN; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY; (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP; AND/OR (VIII) YOUR USE OF OR INABILITY TO USE THE APP AND/OR ANY SERVICE AND/OR FEATURE THEREIN OR ANY THIRD PARTY MATERIALS. IN NO EVENT SHALL WE OR ANY AFFILIATED ENTITY TO US BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE, OR NIS 100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS TOU) ARE MADE FOR US AND OUR AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This ToU gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this ToU will not apply to the extent prohibited by applicable law.

MOBILE APPLICATIONS FROM APPLE APP STORE

The following applies to any mobile applications you acquire from the Apple App Store (“Apple Sourced Software”): you acknowledge and agree that this ToU is solely between you and Better Care, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this ToU and any law applicable to Better Care as provider of the software. Any inquiries or complaints relating to the use of the Apple-Sourced Software, including those pertaining to intellectual property rights, must be directed to Better Care in accordance with the ToU section below. The license you have been granted herein is limited to a non-transferable license to use the Apple-Sourced Software on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the Apple-Sourced Software may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs.  In addition, you must comply with the terms of any third-party agreement applicable to you when using the Apple-Source Software, such as your wireless data service agreement.  You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this ToU and any law applicable to Better Care as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Better Care, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this ToU. You and Better Care acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this ToU as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this ToU, Apple will have the right (and will be deemed to have accepted the right) to enforce this ToU as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

MOBILE APPLICATIONS FROM GOOGLE PLAY STORE

The following applies to any Mobile Applications you acquire from the Google Play Store (“Google Sourced Software”): (i) you acknowledge that this ToU is between you and Better Care only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Better Care, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or this ToU; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this ToU as it relates to Better Care’s Google-Sourced Software.

GEOLOCATION TERMS

The service offered on the App may include and/or make use of certain functionality and services provided by third-parties that allow us to include maps, geocoding, places and other content as part of the service therein (“Geo-Location Services”). Geo-Location Services may be provided by Google Inc., in which case your use of the Geo-Location Services will be subject to Google’s then-current Terms of Use for Google Maps/Google Earth. If Geo-Location Services are provided by Apple Inc., Apple’s then-current Legal – Apple Privacy Policy – Apple will describe how Apple Inc. collects, uses, and shares your location data. 

CONSENT TO ELECTRONIC COMMUNICATIONS

By accessing or using the App and/or the services and/or features therein, you are consenting for us, the Providers (as defined below), and our and their affiliates, agents, representatives, suppliers, and service providers to send to your electronic communications, including email communications, SMS text messages about the App and/or service and features offered and/or available on the App. You understand that SMS text messages and unencrypted emails are not secure and run the risk of being intercepted by unauthorized parties. Our App has a built-in text messaging function with security controls. You understand that if you choose to send us text messages or emails outside of the App, we may respond and that these information exchanges may not be secure, and you accept that risk.

You consent to receive communications relating to the App and/or the service and/or features therein in electronic form. The communications covered by your consent may include, but are not limited to: (i) any initial disclosure statement or agreement governing your access to or use of the App and/or the service and/or features therein, including this ToU; (ii) any disclosure statement or agreement required by territorial, or local law; (iii) any notice, alert, or letter regarding your access to or use of the App and/or the service and/or features therein; (iv) any other disclosures, notices, or communications in connection with the registration, opening, and maintenance of your account or other transaction communications relating to the App and/or the service and/or features therein; and (v) any marketing communications related to the App and/or the service and/or features therein. Such electronic communications may include your name and certain information about your use of the App. Electronic communications may be reviewed by any party, including by us and our Providers, with access to your account, the email address and mobile phone number you have provided us, or the hardware or software you use to view your information or your email address.

You may not access or use certain features of the App unless you also provide your consent to receive electronic communications. If you have registered for online services (such as mobile alerts) and you subsequently wish to withdraw your consent to receive future electronic communications, you must unsubscribe from each service you have elected to receive your consent in order to completely withdraw from electronic communications. Any withdrawal of your consent to electronic communications will be effective only after there has been a reasonable period of time to process such a withdrawal request. 

You agree to promptly update your contact information, including your email address, if it changes, by providing such updated information through the App (“my profile” section). 

In order to access your electronic communications, you must have a computer, mobile device, or other device with internet-browsing capabilities, an internet connection, and a means to print or store notices and information through your browser software. Such technological requirements may change from time to time. Any changes in such requirements that may affect your access to electronic communications related to your access to and use of the App and/or the service and/or features therein will be posted on the applicable websites or mobile services. You should periodically check for such posted information.

You acknowledge that by clicking on the “I Agree,” “Register,” “Continue,” or any similar button provided in connection with this ToU, you are indicating your intent to sign up for electronic communications, and that such action shall constitute your signature.

GOVERNING LAW, JURISDICTION 

These ToU and your use of the App and related services are governed by and construed in accordance with the laws of the State of Israel, excluding any rules of conflict of laws provisions. The courts located in Tel Aviv-Jaffa shall have sole and exclusive jurisdiction over any disputes between you and Better Care in connection with these ToU and our Privacy Policy. You expressly consent to the personal jurisdiction in the State of Israel and expressly waive any right to object to such personal jurisdiction or the convenience of such forum. 

You agree that any cause of action related to or arising out of your relationship with Better Care must commence within one (1) year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

FORCE MAJEURE 

Company will not be deemed in breach of this Agreement due to any event or occurrence beyond Company’s control, including, without limitation, acts of God, storms, lockouts, shortage of labor, problems in obtaining raw materials or production facilities, terrorism, war, invasion, disease, epidemic, failures of any public networks or transportation networks, electrical shortages, equipment shortage, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

GENERAL 

These ToU constitute the entire agreement between you and Better Care with respect to the subject matter hereof and may only be modified by written amendment duly executed by Better Care. No waiver or alteration from the ToU by us will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these ToU shall not constitute a waiver of any of our rights. We may assign or delegate these ToU in whole or in part, to any person or entity at any time with or without your consent. You may not assign or transfer your rights and obligations under these ToU. Any attempted or actual assignment thereof by you will be null and void. The section headings are for convenience only and shall take no part in the interpretation or construing hereof. If any provision of these ToU is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions shall continue to remain in full force and effect. 

CONTACT US 

At any time, you may contact us with any question, claim or complaint that you may have with respect to the App, at: https://bettercare.info/contact-us/, or by email at: info@bettercare.co.il.

Communications made through the e-mail above and messaging system will not constitute legal notice to Better Care, or any of its officers, employees, agents, or representatives in any situation where notice to Better Care is required by contract or any law or regulation.

CHANGES TO THE TERMS 

We may change these ToU from time to time. Changes will take effect forty-eight hours after we first notify you of the changes through the App, or post a notice to this effect on our website. Your continued use of the App after the amended ToU have entered into effect will constitute your acceptance of the amendments. In case of a legal requirement or any material change of these ToU, we may also introduce immediate changes to the ToU and require that you affirmatively accept them, in which case you will not be able to continue using the App if you do not accept the amended ToU. In any event, the most updated version of the ToU will always be accessible through the App’s Settings menu. 

ENTIRE AGREEMENT 

These ToU (together with the Privacy Policy) comprise the entire agreement between you and Better Care relating to the App and the related services and: (i) supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties.

LEGAL EFFECT 

These ToU describe certain legal rights. You may have other rights under the laws of your state or country. These ToU do not change your rights or obligations under the laws of your state or country if such laws do not permit it to do so.