Mr. Guardian End User License Agreement

This End User License Agreement (“Agreement”) is a legal agreement between you (“User”, "You", "Your" or "Yourself") and Mr. Guardian Ltd. ("Company”, "We", "Our" and "Us") governing Your use of the Company's application (“Application”), as well as Your use of any of the Company's services which are rendered through the Application ("Services" and together with the Application: “Mr. Guardian”).By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Mr. Guardian’s Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access or use the Service (“Users”).

Mr. Guardian is a mobile application that will notify trusted predefined contacts ("Friends" and/or “Emergency Contacts”) immediately in case of any difficult situation or emergency. By touching the big red button in the Application, Mr. Guardian will immediately alert all Your Friends and/or Your Emergency Contacts at once by SMS and/or inapp notification including your ("Emergency Message") and will call to one of the Emergency contacts. The Emergency Message includes a link to a map based on a LBS (“Location Based Services”) and a pointer. Only the User can disarm the alarm by tapping the “I’m ok” button in the Application. When the button is pressed, Emergency Contacts will get SMS and/or inapp notification ("I’m OK"), includes a link to a map based on a LBS and a pointer.
Mr. Guardian may add a functionality in the future, that will take a picture and/or record a video and/or record a voice and send it to Our servers and to Your Emergency Contacts with Your current address and the date of the picture including the receivers of this information (e.g. Your Emergency Contacts). It allows Your Emergency Contacts to see who was deactivated the alarm. You acknowledge that such Emergency Message may contain personal identifiable information including without limitations; Your geographical location and Your picture which is delivered to Your Friends and/or Your Emergency Contacts and You hereby permit the Company to deliver such information to the Friends and/or Your Emergency Contacts, and irrevocably waive any claims against the Company and/or anyone acting on its behalf, with respect to the delivery of the aforementioned Emergency Message.

You may also find in the Application an additional location feature which allows You to define place/s and ask to be seen by your Friends when you are entering or leaving the predefined place/s. You can also see your contacts by set the place for your contact (“Friend/s”). Friend/s will get the request and will need to approve. Once your request will be approved, you can see the Friend/s at predefined places. The automatically notification will be sent once Friend/s entered or left the predefined place based on LBS and/or GPS (“Places”).

You may also find in the Application an additional location feature which allows you to request Your Friend/s and/or other contact as well as to be requested by them by GPS or other LBS and see their Current Location or to be seen by them on the map ("Where Are You"). Your Friend’s may ask your current location by clicking Where Are You button. You will get a notification includes the Friend’s name and the request to share your current location. You can decide to share or to deny the request. If you will approve your Friend’s request, we will send your current location and your Friend will see you on the map. If you will deny your Friends request, we will not provide your current location.

You may also find in the Application an additional location and emergency feature which allows You to send an emergency alert all Your Friends and/or Your Emergency Contacts at once by SMS and/or inapp notification ("Emergency Message"). Mr.Guardian will call to one of Your Emergency contacts, if there is a mobile connection and/or balance. The Emergency Message includes a link to a map based on a LBS (“Location Based Services”) and a pointer. Only the User can disarm the alarm by tapping the I’m ok me ("I’m OK") button in the Application. When the button is pressed, Emergency Contacts will get SMS and/or inapp notification ("I’m OK"), includes a link to a map based on a LBS and a pointer (“Help Me”). Help Me feature is NOT A REPLACEMENT FOR 911. In the event of a critical emergency, always dial 911 immediately(“Help Me”).

You may also find in the Application an additional location feature which allows You to follow in real time Your child or elder parent or other contact as well as to be followed by them by GPS or other LBS and see them or to be seen by them on the map when they are on their way and setting the Emergency Alarm ("Walk Me").

Mr. Guardian can be installed and used through a mobile device or portable device that is operated by the operating system of Android (“Mobile Device”), and subject to Your compliance with the relevant terms of Your Mobile Device. You hereby acknowledge that this Agreement is an agreement between You and Company and not Google or Apple. Mr. Guardian is operated using various features, functions and signals of Your Mobile Device for determining Your geographical location and/or Your last location as determined by the Application according to Your initial settings. Such features and functions include, but not limited to GPS signals. You must have a Mobile Device that is compatible with Our system. We do not warrant that Mr. Guardian will be compatible with Your Mobile Device. You acknowledge that We may from time to time issue upgraded versions of Mr. Guardian, and may automatically electronically upgrade the version that You are using on Your Mobile Device. You consent to such automatic upgrading and agree that the terms and conditions of this Agreement will apply to all such upgrades.

IMPORTANT: BY DOWNLOADING AND/OR INSTALLING THIS APPLICATION AND/OR BY USING ANY OF THE SERVICES, YOU ACCEPT AND AGREE THAT YOU HAVE THE PHYSICAL ABILITY TO USE AND OPERATE THE APPLICATION AND SERVICES AND TO COMPREHEND THEM WITH THE USE OF YOUR SENSE, AND THAT YOU HAVE IN YOUR POSSESSION ALL INSTRUMENTATION REQUIRED FOR THE OPERATION OF THE APPLICATION AND SERVICES AND THAT SUCH INSTRUMENTATION FULLY MEETS ALL AFOREMENTIONED SYSTEM REQUIREMENTS. YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT- YOU ARE NOT ALLOWED TO USE THE APPLICATION AND/OR ANY OF THE SERVICES, AND ARE OBLIGED TO UNINSTALL AND ERASE THE APPLICATION FROM YOUR MOBILE DEVICE IMMEDIATELY.

  1. Downloading & Using the Application

In order to use Mr. Guardian You must download and install the Application on Your Mobile Device. Once installed, the Application is designed to be turned on automatically and to operate on Your Mobile Device at all times, unless otherwise turned off by User or due to technical malfunctions. Please note that You must add at least one contact and must to allow the Application to operate on a continuous basis and to make sure that all signals and services required for Mr. Guardian’s operation are operating.

The Application may be connected to the Our server from time to time. When the Application is off, Our server might send Your Mobile Device periodic notifications to turn the Application on (“Turn on Notifications”). It is hereby clarified that Turn on Notifications are delivered for convenience purposes only, and it is Your responsibility to turn on the Application when required, and to make sure that all Mobile Device’s features, including Walk Me, Where Are You (as defined below), and services required for the operation of the Application and Services are active at all times. Please be sure to frequently check that the Application and any other Services, features or signals on Your Mobile Device which are required for the operation of Mr. Guardian are fully enabled and dully operating. Please be sure to verify that You have the ability to hear and see Your Mobile Device’s display, sounds or signals.

If You are operating any automatic task managers or task killers while using Mr. Guardian, please make sure that the Application is not designated to be automatically disabled or terminated, at any time, including upon restarting or shutting off Your Mobile Device. Please also be sure to check that You have good GPS signal on Your Mobile Device and LBS enabled and that such functions are enabled and fully operating at all times. Please do not forget to check Your Mobile Device’s battery or attach Your Mobile Device to a charger when necessary. Caution: the signals and third party services which are used by Mr. Guardian for its operation are effected from various technical and environmental factors which We have no control over. Company does not represent, warrant or guarantee that We will recognize Your Mobile Device (and vice versa) even if all signals and instrumentation are functioning properly.

By downloading and installing the Application and/or Services, You grant Us with the license and right to access Your Mobile Device contact list and use such Contact List in order to check which contacts shall be eligible to become Your Friend/s or/and your Emergency Contacts. Also, You grant Us with the license and right to access Your Mobile Device Geo-location features and retrieve Your current location. You Also grant Us with the license and right to access Your Mobile Device call and sms features and make a call or send sms to your contacts.

  1. Grant of License

Subject to the limitations and restrictions provided in this Agreement, Company grants You a limited, personal, non-exclusive, non-sub licensable, non-transferable and revocable worldwide license, to install and use the Application and Services for Your personal, noncommercial use only, on Your Mobile Device, in accordance with the terms and conditions of this Agreement and as permitted in Google Terms of Use or Apple Terms of Use, which are incorporated herein by reference. For clarity purposes, it is hereby made clear that this Agreement do not convey to You any interest in or title to the Application and/or any of the Services, but only limited rights to use the Application and/or Services solely in accordance with this Agreement. We may terminate this license at any time for any reason or no reason.

  1. License Restrictions and Limitations

While using the Application and/or Services, there are certain types of behaviors which are strictly prohibited, as appears below. Please read this list carefully. Your failure to comply with the provisions set forth herein may result in the suspension or blocking of Your use of the Application and/or Services and may expose You to civil and/or criminal liability.

You may not, and may not permit or aid others to: (a) copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of the Application and/or the Services, including but not limited to, other User's Information; (b) create a browser, frame, border environment or GUI around the Application and/or the Service; (c) interfere with or disrupt the operation of the Application and/or the Services, or the servers or networks that host the Application and/or the Services or make the Application and/or Services available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (d) interfere with or violate other users' rights to privacy and other rights, or harvest or collect data and information about users, including ,inter alia, any User's Information, without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other automatic device or process to access the Application and/or Services and/or retrieve index and/or data-mine information; (e) publish or make use in any way any information about users of the Application and/or Services, including ,inter alia, any sensitive personal information, without their expressed consent; (f) impersonate any person or entity or provide false or misleading personal information; (g) transmit or otherwise make available through or in connection with the Application and/or Services any virus, "worm", "Trojan Horse", "time bomb", "web bug", spyware, or any other computer code, file, application or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (h) use the Application and/or Services or other sensitive personal information for any illegal, unlawful or unauthorized purposes; (i) use the Application, the Services and/or other sensitive personal information for any commercial or other non-personal purposes, including any usage which generates any revenues, whether directly or indirectly, without Our prior written consent; and (j) use the Application, the Services and/or other sensitive personal information for purposes of harassment, stalking, scorning, mocking, humiliating, offending, provocation, violence or any other purpose which may endanger other users.

  1. User Content

Some areas of Mr. Guardian allow Users to post content such as profile information, videos, pictures and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Application “User Content”). We claim no ownership rights over User Content created by You. The User Content You create remains Yours; however, by sharing User Content through the Application, You agree to allow others to view, edit, and/or share Your User Content in accordance with Your settings and this Agreement.

You agree not to post or transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that We deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that You know is not correct and current; (ix) violates any applicable policy, including those related to cheating or ethics; (x) interferes with other Users of the Application and Services including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Application and Services and deleting or revising any content posted by another person or entity; (xi) You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. We reserve the right, but is not obligated, to reject and/or remove any User Content that We believe, in Our sole discretion, violates these provisions.

In connection with your User Content, you affirm, represent and warrant the following:

  • You have the consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Application and/or Services and this Agreement, and each such person has released You from any liability that may arise in relation to such use.
  • Your User Content and Company’s use thereof as contemplated by this Agreement and the Application and Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. Company takes no responsibility and assumes no liability for any User Content that You or any other User or third party posts or sends over the Application and/or Services. You shall be solely responsible for Your User Content and the consequences of posting or publishing it, and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your User Content. You understand and agree that You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose, and You agree that Company shall not be liable for any damages You allege to incur as a result of User Content.

By posting any User Content on the Application and/or Services, You expressly grant, and You represent and warrant that You have all rights necessary to grant, to Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and Your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services.

  1. Privacy Policy

We respect Your privacy and are committed to protect the information You share with Us. We believe that You have a right to know the Company's practices regarding the information the Company collects when You use the Application and/or the Services. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy

  1. Intellectual Property Rights

You acknowledge and agree that the Application and the Services, including without limitation, the proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, " Intellectual Property"), are fully owned or licensed to the Company and are subject to copyright and other applicable intellectual property rights under applicable laws, foreign laws and international conventions. Except as provided herein, You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property not as explicitly permitted to You under this Agreement.

  1. Trademarks and trade names

“Mr. Guardian”, Our Company logo and any other commercial identifies used by Us in connection with the Application and/or any of the Services are all trademarks and/or trade names of the Company, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademarks and/or trade names. Note that trademarks, trade names, marks and/or brand names of unaffiliated third parties may be displayed in the Application and/or Services, and that such are the property of their respective owners.

  1. Term and Termination

This Agreement is effective upon the installation of the Application and/or the use of any of the Services, and shall remain in full force and effect for so long as You use the Application and/or Services in accordance with this Agreement. Without prejudice to any other rights, the Company may terminate this Agreement upon the breach of any term hereof by You or anyone on Your behalf. Upon such termination by the Company, You agree to immediately uninstall or delete the Application from Your Mobile Device.

  1. Representation and Warranties by User

As a condition to Your use of this Application and/or Service, You hereby represent and warrant that:

  • You are at least 13 years of age or older and possess the legal authority to enter into this Agreement and to form a binding agreement under any applicable law, to use the Application and/or Services in accordance with all terms and conditions herein, and to fully perform Your obligations hereunder. If you are 13 or older but under the age of 18, or if from any reason you do not possess the legal authority to enter into this Agreement (for example, if you have been declared as legally incompetent and a legal guardian or custodian has been appointed on your behalf), You hereby confirm that you have reviewed the agreement with your parent or guardian to make sure that you and your parent or guardian understand it and accept its terms;
  • Anyone under 13 is strictly prohibited from creating an account for the Service. In addition, anyone under 13 may only accept invitations from parents / legal guardians to join their account.
  • You are responsible for any use of the Application and/or Services by anyone other than You;
  • the execution of this Agreement does not and will not violate any other agreement to which You are bound or any law, rule, regulation, order or judgment to which You are subject;
  • Your use of the Application and/or Services has not been previously suspended, nor Your access to the Application and/or Services has been previously blocked by Us;
  • You have explicitly obtained the consent of any of the Friends to provide their sensitive personal information to Us in order for Us to provide You with the Services and for other purposes of this Agreement.
  1. Disclaimer and Warranties

THE APPLICATION AND/OR SERVICES ARE AT THEIR BETA STAGE AND PROVIDED HERE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING WITHOUT LIMITATION, DUE TO ANY PHYSICAL DISABILITY USERS MY POSSES.

WE DO NOT WARRANT THAT THE USE OF THE APPLICATION AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL MEET USER’S EXPECTATIONS OR REQUIREMENTS OR ANY PARTICULAR CRITERIA OF PERFORMANCE OR QULITY STANDARDS OR THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. WE MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE APPLICATION AND/OR SERVICES, IN WHOLE OR IN PART, AT ANY TIME. FOR THE AVOIDANCE OF DOUBT, GOOGLE AND APPLE DOES NOT HAVE ANY OBLIGATIONS WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APPLICATION AND/OR SERVICES.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY PERSONAL INFORMATION ABOUT YOU AND ABOUT YOUR Friends, INCLUDING INFORMATION ABOUT YOUR MEDICAL HEALTH, IS CONSIDERED SENSITIVE PERSONAL INFORMATION AND YOU HEREBY REPRESENTS AND WARRANTS TO US THAT YOU EXPLICITLY CONSENT TO PROVIDE THIS SENSITIVE PERSONAL INFORMATION TO US AND THAT YOU HAVE EXPLICITLY OBTAINED THE CONSENT OF ANY OF THE FRIENDS TO PROVIDE THEIR SENSITIVE PERSONAL INFORMATION TO US IN ORDER FOR US TO PROVIDE YOU WITH THE SERVICES AND FOR OTHER PURPOSES OF THIS AGREEMENT.

WE ACT MERELY AS A VENUE BETWEEN YOU AND THE FRIENDS, AND ARE NOT, IN ANY CASE, DIRECTLY OR INDIRECTLY INVOLVED IN ANY TRANSACTION BETWEEN YOU AND THE FRIENDS, OR BETWEEN ANY OTHER THIRD PARTY AND YOURSELF.

WE MAKE NO REPRESENTATION REGARDING OUR ABILITY TO SUCCESSFULLY ALERTS YOUR GUARDIAN OR THAT THOSE FRIENDS WILL HAVE THE ABILITY TO PROVIDE WITH THE SOUGHT AFTER HELP IN A SATISFACTORY MANNER.

CAUTION: THE APPLICATION AND/OR SERVICES ARE NOT INTEND TO SUBSTITUTE FOR HUMAN CARE, PARENTAL, CAREGIVER’S DISCRETION AND/OR EMERGENCY SERVICES. WHERE A SITUATION MIGHT REQUIRE EMERGENCY SERVICES, YOU SHOULD IMMEDIATELY CALL THOSE SERVICES. YOU SHOULD NOT RELY SOLELY ON THIS APPLICATION AND/OR SERVICES IN SEEKING ASSISTANCE, AND REMAIN FULLY RESPONSIBLE FOR SECURING THE ASSISTANCE YOU NEED. WE ARE NOT LIABLE FOR ANY MEDICAL OR OTHER SITUATION THAT MIGHT OCCUR AS THE RESULT OF PROBLEMS WITH THE APPLICATION AND/OR SERVICES, RESPONSIVENESS OF FRIENDS, OR ANY OTHER CIRCUMSTANCE WHICH DELAYS YOUR RECEIVING ASSISTANCE OF ANY KIND.

GENERAL AWARENESS AND/OR LIABILITY SHOULD NOT BE CONSTRUED AS THE GIVING OF ADVICE OR MAKING OF A RECOMMENDATION REGARDING ANY DECISION OR ACTION RELATED TO YOUR HEALTH OR THE HEALTH OF OTHERS. WE STRONGLY URGE YOU TO REFER TO YOUR CERTIFIED MEDICAL PROFESSIONAL SHOULD YOU REQUIRE SUCH MEDICAL ADVICE OR ASSISTANCE. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS REGARDING THE CARE OF YOU OR ANYONE ON YOUR BEHALF, INCLUDING YOUR CHILD OR ELDER PARENT, AND YOU SHOULD NOT MAKE ANY DECISIONS BASED ON THE INFORMATION RECEIVED FROM THE USE OF THE APPLICATION AND THE SERVICES, INCLUDING WITHOUT LIMITATIONS THE OPERATION OF WALK ME FEATURE.

THE APPLICATION AND SERVICES ARE PROVIDED SOLELY AS A CONVENIENCE ITEM FOR HELPFUL PURPOSES, AND SHOULD NOT BE RELIED UPON AS THE MEANS OR METHOD FOR MONITORING CHILDREN AND ELDERLY. THE APPLICATION AND/OR THE SERVICES DO NOT REPRESENT ANY ATTEMPT TO CIRCUMVENT, MITIGATE, NOR REPRESENT A SUBSTITUTION FOR THE PARENTAL AND/OR CAREGIVERS’ AWARENESS, MONITORING, DISCRETION, LIABILITY, AND/OR ANY OTHER LEGAL DUTIES AND RESPONSIBILITIES UNDER APPLICABLE LAW, OR AS OTHERWISE SPECIFIED HEREUNDER.

TECHNICAL PROBLEMS, POSITIONING NETWORK MALFUNCTIONING AND/OR LOCATION ERRORS AND/OR SHIELDING AND/OR CLIMATE DISTURBANCES AND/OR ATMOSPHERIC INDUCTANCE AND/OR SATELLITES DISRUPTIONS AND/OR WI-FI DISCONNECTIONS, MALFUNCTIONS OF CELLULAR TOWERS AND/OR DATA COLLAPSE IN THE CELLULAR NETWORK AND/OR INTERNET NETWORK, SYSTEM SPECIFICATION AND/OR FEATURES AND/OR PROPERTIES MALFUNCTIONS, SOFTWARE AND/OR HARDWARE MALFUNCTIONS, LOADING AND/OR CHARGING MALFUNCTIONS, WRONG SETTING AND ANY OTHER FORMS OF HUMAN AND/ OR SOFTWARE, AND/OR HARDWARE AND/OR ROM CHANGES, CHANGES IN THE PERFORMANCE AND ROOT AUTHORIZATIONS ON THE USERS MOBILE DEVICE AND/OR INSTALLATION OR USE OF JAILBROKEN APPLICATIONS AND SOFTWARE AND/OR OTHER TECHNICAL ERRORS MIGHT CAUSE THE APPLICATION AND/OR THE SERVICES TO CRASH, COLLIDE, MALFUNCTION, AND/OR TO CEASE ITS OPERATION AND NOT DETECT. EVEN WHEN USED PROPERLY AND IN ACCORDANCE TO ITS INTENDED PURPOSE, THE APPLICATION AND THE SERVICE HEREUNDER MAY MALFUNCTION OR NOT WORK PROPERLY AND MAY NOT BE RELIED UPON BY ANY WAY, AS THEY SERVE ONLY AS A HELPFUL TOOL FOR USERS.

  1. Limitation of Liability

The use of the Application and/or Services, as well as the necessity to make sure You can use, operate and comprehend the Application and Services with the use of Your senses is solely at Your own reasonability and risk. To the extent permitted by law, at any event, We will not be liable for any damages whatsoever including, but not limited to, direct, indirect, special, incidental or consequential damages of any kind, whether in an action of contract, negligence or other tortious action, resulting from or arising out of the Application and/or Services or the inability to use the Application and/or Services, including, but not limited to death, personal injuries and any other related damages as well as any damages, loss or costs You may suffer due to the installation of the Application on Your respective Mobile Device, the use of the Application and/or the Services, Your reliance on the information provided through the Application and/or Services, including, but not limited to, for making decisions pursuant to such information, regardless of whether We or an authorized representative of Ours has been advised of the possibility of such damages.

Some Jurisdictions do not allow the exclusion of certain warrants or the limitation or the exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that We may not, as a matter of applicable law, disclaim any particular warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

  1. Indemnification

You agree to defend, indemnify and hold harmless Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Application and/or Services; (ii) Your violation of any term of this Agreement; (iii) Your violation of any third party right, including without limitation any proprietary or intellectual property right and/or privacy right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, You and/or anyone on Your behalf may cause to any third party with relation to the Application and/or Services. This defense and indemnification obligation will survive this Agreement.

  1. Third Parties

Mr. Guardian use information, services, materials and components received from, and/or maintained by third parties. Such services, materials and components include but are not limited to GPS signals, as well as mapping and other related support services. Mr. Guardian may also contain links to third-party websites, advertisers, services, special offers, or other events or activities. Because Company has no control over any of the activity of any of the third party, You acknowledge and agree that Company is not responsible for the availability or suitability, of any of the information, materials, signals, services and/or components provided by such third parties, does not endorse and is not responsible or liable for any information, materials, services and/or components received from such third parties and/or provided and/or presented and/or displayed. If You access a third party website from the Application and/or Service, You do so at Your own risk, and You understand that this Agreement do not apply to Your use of such sites. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage (including without limitations; for death, personal injuries and any other related damages) or loss caused or alleged to be caused by or in connection with use of or reliance on any information, services and/or materials provided by such third parties. Notwithstanding the foregoing, You hereby represent and warrant to comply with applicable third party terms of agreement when using the Application.

  1. Governing Law and Jurisdiction

This Agreement shall be construed and governed in accordance with the laws of the State of Israel, regardless of its conflict of laws rules. The competent courts of Tel-Aviv-Jaffa, Israel, shall have sole and exclusive jurisdiction over any dispute under this Agreement or otherwise related to the Application and/or Services.

  1. Miscellaneous

This Agreement represents the complete agreement concerning the license granted herein and the subject matter hereof and may be amended only by a written agreement executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of either party to enforce at any time any of the provisions of this Agreement will in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of either party to enforce each such provision thereafter. The express waiver by either party of any provision of this Terms will not constitute a waiver of any future obligation to comply with such provision. You may not transfer or assign this Terms and the rights hereunder without the prior written consent of the Company.

This Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.

  1. Contact Information

If You have any questions or comments, please write to the following address: [email protected]