Management Dashboard Terms of Service

Sweetch Health Ltd. (“we”, “us” or “Sweetch”) provides a mobile application which provides an intervention program and service to help end user prevent and manage chronic disease (the “Application”). Sweetch also provides a management dashboard in order to allow health care providers and their personnel to access the data collected by Sweetch from such end users who are their patients by means of the Application. These Terms of Service (“Terms”) constitute a legal agreement between Sweetch and yourself. “User or “you” means a healthcare provider and/or his/her personnel. By accessing or using the management dashboard (“Dashboard”) and any service provided by us, (all of the foregoing, the “Services”) you agree that you have read, understood, accept and agree to be bound by these Terms, as well as our Privacy Policy, which we may modify from time to time, a current version of which is available at https://sweetch.com/management-dashboard-privacy-policy/. If you do not agree to these Terms or the Privacy Policy, do not access or use the Services. These Terms and the Privacy Policy are accepted by your accessing and/or use of the Services.

We reserve the right, in our sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for reviewing these Terms periodically. Your continued use of the Services after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms.

Services

Subject to the terms and conditions hereof, during the period these Terms are in effect, Sweetch allows you to use the Services on a non-exclusive basis. Sweetch may change, modify, terminate or update the Services at any time without prior notice to you, including to remove functionality. Currently, Sweetch makes the Services available free-of-charge to you. Sweetch may choose at any time to charge for your future use of the Services or any part thereof, or to modify its current payment structure. In order to use the Services, you must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years. You may not use the Services if your access to or use thereof violates any applicable law or regulation. You will not be entitled to any other software (including any other executable or source code) from Sweetch. No licenses or rights are granted herein by estoppel or by implication. You represent that you have all necessary authority to enter into these Terms and the same will not conflict with any of your legal, regulatory or contractual obligations.

Registration Information.

Prior to using the Services, you must provide complete and accurate information as requested by Sweetch. You shall keep all such information up-to-date. You are not required to provide such information by law, but Sweetch may decline to provide the Services if you do not provide such information, and may terminate these Terms at any time if in Sweetch’s reasonable opinion any information that you provide is not complete, accurate or up-to-date. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct. You shall fully indemnify Sweetch (and our employees, officers and directors) in respect of all losses, expenses, liabilities and claims that result from your breach of your obligations herein.

Intellectual Property

Sweetch and its licensors own the Services, including any material or content made available through the Services, and all worldwide intellectual property rights, including, without limitation, copyrights, patents, trademarks and trade secrets in the foregoing. The provision of the Services does not transfer to you or any third party any rights, title or interest to such intellectual property rights. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter, download, post, broadcast, transmit or otherwise use any material made available in the Services and we reserve all rights not expressly granted herein. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party. You are not required to provide us with any feedback or suggestions regarding the Services. However, should you provide us with comments or suggestions for the modification, correction, improvement or enhancement of Services then you agree that no such feedback shall be subject to any obligation of confidentiality, and we may use or publish such feedback at our discretion.

Restrictions

Except as set forth expressly herein, you shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of, the Dashboard; (b) modify the Dashboard, or insert any code or product, or in any other way manipulate the Dashboard in any way; (c) use the Dashboard to provide any similar dashboard or services to any third party, or allow any third party use or access of the Dashboard and/or Services; (d) rent, lease, or provide access to the Dashboard and/or Services on a time-share or service bureau basis; or (e) link to the Service or frame or mirror any part of the Dashboard. You may not access the Dashboard if you provide any dashboard competitive with the Dashboard and/or Services, or for the purpose of benchmarking, analyzing or comparing the Service to similar services. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, you shall inform us in writing in each instance prior to engaging in the activities set forth above.

Confidentiality.

Either party (a “Disclosing Party”) may disclose to the other party (a “Receiving Party”) certain confidential information regarding its technology and business (“Confidential Information”). Receiving Party agrees to keep confidential and not disclose or use any Confidential Information except to support its provision or use of the Services. Confidential Information shall not include information that Receiving Party can show (a) was already lawfully known to or independently developed by Receiving Party without access to or use of Confidential Information, (b) was received by Receiving Party from any third party without restrictions, (c) is publicly and generally available, free of confidentiality restrictions; or (d) is required to be disclosed by law, provided that Receiving Party provides Disclosing Party with prompt notice of such requirement and cooperate in order to minimize such requirement. Receiving Party shall restrict disclosure of Confidential Information to those of its employees with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein. All pricing information herein and all non-public information in respect of the Dashboard, Application and/or Services shall be deemed the Confidential Information of Company.

No Warranties; Disclaimer

To the maximum extent permitted by applicable law, your use of any aspect of the Services is at your own risk and discretion.

To the maximum extent permitted by applicable law, we make no representations or warranties whatsoever in respect of the Services. We cannot and do not accept any liability whatsoever in respect of any information and/or content which is provided by third parties. To the maximum extent permitted by applicable law, we disclaim all liability, regardless of the form of action, for the acts or omissions, of such entities, online or offline, or for any personal injuries, death, property damage, or other damages including consequential damages or expenses resulting therefrom. Sweetch has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond its direct control and it has no responsibility for any additional expense, omissions or acts of any government or authority. To the maximum extent permitted by applicable law, everything available on or through the Services is provided to you “AS-IS” and “AS-AVAILABLE” without warranty of any kind. Without limiting the foregoing, we disclaim any implied or statutory warranties in respect of merchantability, fitness for a particular purpose or non-infringement in respect of the Services. Sweetch does not warrant that any description provided through the services is accurate, complete, reliable, current, healthful, safe or error-free.

No advice or information, whether oral or written, obtained by you from Sweetch, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk.

Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall we be liable to you or any third party for any damages, including but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the Services or content, including in respect of lost data or lost opportunities. In any case, to the maximum extent permitted by law, our entire liability under any provision of these Terms shall not exceed amounts paid by you directly to us for the use of the Services hereunder. As such, if you have not made any payments to us in order to use the Services, we shall not have any liability to you whatsoever.

In addition to the foregoing, Sweetch assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. Sweetch is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or use of the Services. Sweetch cannot and does not warrant that any third-party device shall transmit any information to us, correct or otherwise, or that any information submitted by you shall be retained and stored, correctly or at all. To the furthest extent permitted under applicable law, under no circumstances shall Sweetch be responsible for any loss or damage, including personal injury or death, resulting from use of the services, whether online or offline, or in connection with performance of activities or exercising while using or refraining from using recommendations provided by the Services.

Indemnification

You agree to indemnify, defend, and hold us harmless (including our employees, directors, officers, subcontractors and agents) against any and all claims, damages, losses, liabilities, costs or expenses (including reasonable attorneys’ fees and court costs) (“Claims”) that arise directly or indirectly from: (a) the breach of these Terms by you or anyone using your computer, mobile device, password or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party, including without limitation any end user of the Application and including without limitation the infringement of any third party intellectual property right or moral right; or (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Services shall be in compliance with all applicable laws, regulations and guidelines.

Miscellaneous

These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Services shall be brought exclusively in the court located in Tel-Aviv/Jaffa, and you irrevocably consent to their jurisdiction. Any cause of action against us must be brought within one (1) year of the date such cause of action arose. 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 as permitted by applicable law, 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 us or enables you to act on our behalf. 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 supersedes any other agreements, understandings or warranties. Nothing contained in these Terms shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may assign our rights under these terms to any third party. You may not assign your rights or obligations hereunder except as we expressly permit in writing. Any notice to be provided to you pursuant to these Terms maybe provided to the email address or other contact information you have provided to us.

Last updated: February 2020