End License User Agreement

PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP.

By clicking the “accept” or “ok” button, or installing and/or using the Steps mobile software application called STEPS (the “App”) you expressly acknowledge and agree that you are entering into a legal agreement with Steps Solutions Ltd. (“Steps”, we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install or use the App.

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  1. Our App offers you an opportunity to create, connect, communicate, discover, and share your images, videos, opinions and recommendations through our App. You can also publish any information you deem fit in the App environment by adding Your User Submissions to be viewed by other App users.
  2. Ability to Accept. No one under 13 is allowed to create an account or use the Service. By installing the App you affirm that you are over thirteen (13) years of age. If you are under the age of sixteen (16) years then, prior to installing the App, you must first review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand its terms and conditions and agree to them. The App is intended for private non commercial use only and not intended for any use by for commercial purposes or for corporations, business or on their behalf and by using such App you hereby confirm and represent that you are a private user making use of the App for private non commercial usage. To enable use of the App, we need information about you, and we only use your information where we have a legal basis to do so. Please refer to our Privacy Policy at https://steps.me/privacy-policy/ (“Privacy Policy”) to help you understand what information we collect, how we use it and what choices you have when you use our App. Furthermore, you must provide certain devices, software, and data connections to use our App, which we otherwise do not supply. In order to use our App, you consent to manually or automatically download and install updates to our App. You also consent to our sending you notifications from time to time, as necessary to provide the App and our related services to you.
  3. License. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to: (i) download, install and use the App on a mobile telephone, tablet or device (each a “Device”) that you own or control; and (ii) access and use the App on that Device in accordance with this Agreement and any applicable Usage Rules (defined below). This license is for the sole purpose of letting You use and enjoy the App’s benefits in a way that this Agreement and our Privacy Policy, allow. For clarity, nothing in this Agreement allows you to make use of the App for commercial purposes and/or benefit.
  4. License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the App; (ii) make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the App; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the App or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vii) use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications; (viii) use the Steps name, logo or trademarks without our prior written consent; and/or (ix) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
  5. Account. In order to use some of the App features you may have to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account. We can terminate or disable your Account immediately to protect our App or services, or if you create risk or legal exposure for us, violate this Agreement, if you infringe other people’s intellectual property rights, if we suspect misuse by you of User Submissions, Content or services; if your Account is inactive (i.e., not used or logged-into) for a period of time, we will notify you via the services or in the App that you are not being active in the App to see if you want to continue using the services, and/or where we are permitted or required to do so by law. If we take action to disable or terminate your account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult us at: support@steps.me. You may terminate your Account at any time by sending an email to support@steps.me.
  6. Usages Rules. If you are downloading the App from a third party mobile device platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules”). You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.
  7. Location Data. Certain features or functionality (“Features”) of the App may collect or be dependent on data related to your geographic location (“Location Data”). If you wish to use these Features, you agree to provide or to make your Location Data accessible to us. To the extent that we do collect Location Data, we shall use it in accordance with our Privacy Policy (defined below). If you do not provide or make such Location Data accessible then the Features may be limited or not operate.
  8. Safe and appropriate use
  9. Use of the App in a Vehicle. If you are using the App in a vehicle, you agree: (i) to comply with all applicable traffic laws; and (ii) if you are the driver, not to use the App unless your vehicle is stationary and legally parked.
  10. While you are using our App, please be aware of your surroundings, and play and communicate safely.
  11. You agree that your use of the App is at your own risk, and that you will not use the App to violate any applicable law, regulation, policies, or instructions as outlined in this Agreement and you will not encourage or enable any other individual to do so.
  12. Steps does not intend to provide a medical App or health devices, or provide medical or health advice.
  13. You agree to maintain safe and appropriate contact with other users and other people in the real world. For example, you will not impersonate, harass, threaten, or otherwise violate the legal rights of, others; you will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind.
  14. If you have a dispute with any third party relating to your use of App, you release Steps (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  15. In any event, if we become aware of unlawful or prohibited use of our App or behavior, we reserve the right to report it to the relevant authorities.
  16. Third Party Sources and Content.
  17. The App enables you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us (“Third Party Content”). The App may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third party websites and services; and (ii) our partners and customers.
  18. We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity.
  19. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content.
  20. We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a Third Party Source.
  21. By using the App you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
  22. You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Steps, and release Steps from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
  23. Messages. The App may permit you to send messages to a Third Party Source or to other App users (“Messages”). You are solely responsible for your Messages and the consequences of sending them, and you agree to hold us harmless, and expressly release us, from any and all liability arising from your Messages. You grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, store, and reproduce your Messages for the limited purpose of facilitating sending them to your designated recipients (and we may also use the tools, software or services of third party service providers to facilitate the sending of Messages to your designated recipients). You represent and warrant that you own or have the necessary rights and permissions to use all of the Intellectual Property Rights in and to your Messages, and to grant the foregoing license to us. You retain all of your ownership rights in your Messages. You acknowledge and agree that the provisions of Section 10 (User Submissions) below shall also apply to Messages that you send via the App.
  24. User Submissions.
  25. The App may permit the hosting, sharing, posting, and publishing of content by you and other users (“User Submissions” and/or to “Publish”). Your User Submissions may be posted to the App, or otherwise be made publicly available. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions and we reserve the right without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason.
  26. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by this Agreement. You retain all of your ownership rights in your User Submissions.
  27. License to User Submissions. Subject to this Agreement and the terms of our Privacy Policy, by submitting the User Submissions, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to host, use, run, copy, store, reproduce, modify, distribute, translate, create derivative works of, publically display and publically perform the User Submissions in connection with the App and any services provided in relation thereto, for purpose of operating, promoting and improving our App and services, and to develop new ones and, including without limitation to commercially exploit part or all of your User Submissions (and derivative works thereof) to the maximum extent permitted by law, and you hereby waive any moral rights in your User Submissions, to the maximum extent permitted by law. . The mentioned features and uses of Your User Submissions are consistent with your consent. In addition to all of the above, User Submissions are used as further detailed in our Privacy Policy [https://steps.me/privacy-policy/] and subject to it.
  28. Exposure. You understand and acknowledge that when accessing and using the App: (i) you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to (i) and (ii) herein.
  29. Disclosure. We reserve the right to access, read, preserve, and disclose any User Submission or any other information that we obtain in connection with the App as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce this Agreement, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your user support requests, or (v) protect the rights, property or safety of Steps, our users or the public.
  30. Prohibited Content. You agree that you will not send, display, post, submit, publish or transmit a User Submission or Message that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s good name, safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) involves theft or terrorism; (viii) constitutes an unauthorized commercial communication; (ix) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (x) breaches this Agreement.
  31. If you select a username or similar identifier for your Account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).
  32. If you use content covered by intellectual property rights that we have and make available in our App (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
  33. Your User Submissions shall comply at all times with all applicable laws and shall not violate, infringe or misappropriate third party rights (including, without limitation, intellectual property, privacy, rights of publicity, reputation and other personality rights).
  34. We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances Account holders who infringe or are believed to be infringing the rights of copyright holders. Please see our Copyright Policy for further information.
  35. Reporting User Submission and Messages, and DMCA Copyright Policy.
  36. Reporting User submission and Messages that are indecent, illegal or go against this EULA. It is the policy of Steps to respect the legitimate rights of its users, and we will respond to clear notices of alleged User Submissions or Messages that are indecent, illegal or go against this EULA. If you believe that a User Submission or Message is indecent, illegal or goes against this EULA please use the “Flag” button and complete a Content Report. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of Service to users who repeatedly have indecent, illegal or breaching User Submission or Messages. A Content Report shall include at least the following information for it to be regarded to:
  37. An electronic or physical signature of the person requesting the removal of the User Submission or Message;
  38. A description of the User Submission or Message you claim is indecent, illegal or goes against this EULA and why you feel accordingly (please note that reports that are not detailed enough cannot be regarded to or treated as needed);
  39. A description of where the material that you claim indecent, illegal or goes against this EULA is is located on the Service, with enough detail that we may find it. Providing a copy of or a link to the User Submissions or Messages is the best way to help us locate content quickly;
  40. Your address, telephone number, and email address;
  41. A statement by you that you have a good faith belief that the disputed use is indecent, illegal or goes against this EULA; and
  42. A statement by you, made under penalty of perjury, that the above information in your notice is accurate.
  43. We will review such claims that have been reported to us within seven (7) business days from the date it has been reported.1
  44. Content Removal Counter Notification. If you believe that the material you posted was removed from the Service by mistake, and that you have the right to post the material, you may elect to send us a counter-notification to support@steps.me with a description of the User Submission or Message you claim has been removed by mistake and why you feel accordingly (please note that reports that are not detailed enough cannot be regarded to or treated as needed) and we will review your claims. Such counter-notification shall include at least the following details:
  45. Your physical or electronic signature;
  46. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing [a copy of or a link to the User Submissions or Messages in the body of an email is the best way to help us locate content quickly;
  47. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misunderstanding of the material removed or disabled and a detailed description of the User Submission or Message you claim has been removed by mistake and why you feel accordingly (please note that reports that are not detailed enough cannot be regarded to or treated as needed);.
  48. Removal of Copyright Content. It is the policy of Steps to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the “DMCA”), Steps has designated a Copyright Agent (as specified below) to receive notifications of claimed copyright infringement in connection with (i) the Steps App and other mobile applications that we license, and/or (ii) the websites that we operate (collectively, the “Service”). Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of Service users who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent with the following information in accordance with the DMCA:
  49. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  50. A description of the copyrighted work you claim has been infringed;
  51. A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it. Providing URLs in the body of an email is the best way to help us locate content quickly;
  52. Your address, telephone number, and email address;
  53. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  54. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  55. Counter-Notification. If you believe that the material you posted was removed from the Service by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following (please consult your legal counsel or see the Digital Millennium Copyright Act, 17 U.S.C. (the “Copyright Act”) Section 512(g)(3) to confirm these requirements):
  56. Your physical or electronic signature;
  57. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help us locate content quickly;
  58. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  59. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Steps may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
  60. Misrepresentations. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
  61. Copyright Agent. Steps’ agent for notice of claims of copyright infringement (“Copyright Agent”) can be reached as follows:
  62. STEPS SOLUTIONS LTD.
  63. 54 Ahad Haam st. Tel Aviv. ISRAEL
  64. Email: support@steps.me
  65. Third Party Open Source Software. Portions of the App may include third party open source software that are subject to third party terms and conditions (“Third Party Terms”). A list of any third party open source software and related Third Party Terms is available at [https://steps.me/third-party/]. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third-party open source software. Notwithstanding anything in this Agreement to the contrary, Steps makes no warranty or indemnity hereunder with respect to any third party open source software.
  66. Intellectual Property Rights.
  67. Ownership. The App is licensed and not sold to you under this Agreement and you acknowledge that Steps and its licensors retain all right, title, interest, ownership rights and Intellectual Property Rights in and to the App (and its related software). We reserve all rights not expressly granted herein to the App. “Intellectual Property Rights” means any and all rights, titles and interests in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
  68. Content. The: (i) content on the App, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials”); and (ii) the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials, the “Content”), is the property of Steps and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Steps” and the Steps logo are Marks of Steps and its affiliates. All other Marks used on the App are the trademarks, service marks, or logos of their respective owners.
  69. Use of Content. The Content on the App is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
  70. Payments.
  71. The License granted hereunder is currently for free, however, we may in the future charge a fee for certain features and/or uses. You will not be charged for any such uses of the App unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the App.
  72. Please be aware that your use of the App may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.
  73. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the App is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the Content.
  74. Privacy. We will use any personal information that we may collect or obtain in connection with the App in accordance with our privacy policy which is available at [https://steps.me/privacy-policy/] (“Privacy Policy”), and to the extent permitted by your applicable law, you hereby agree that we may do so. Notwithstanding, you are aware that you are not legally obligated to provide us personal information, and you hereby confirm that providing us personal information is at your own free will.. Please also be aware that certain personal information and other information provided by you in connection with your use of the App may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access. Please note that in order to operate our global App, we need to store and distribute content and information in data centers and systems around the world, including outside your country of residence. This infrastructure may be owned or operated by our service providers or affiliated companies.
  75. Warranty Disclaimers.
  76. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
  77. WE DO NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE, THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL CODE or that WE will correct any errors in the APP. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR THIRD PARTY CONTENT, THIRD PARTY SOURCES, THIRD PARTY OPEN SOURCE SOFTWARE, YOUR DATA, PERSONAL INFORMATION, MESSAGES, USER SUBMISSIONS AND ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM USE OR INABILITY TO USE ANY OF THE ABOVE INCLUDING TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
  78. IF YOU HAVE A DISPUTE WITH ANY OTHER APP USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
  79. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
  80. We also don’t control what people and others users do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our App.
  81. Limitation of Liability.
  82. UNDER NO CIRCUMSTANCES STEPS SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, ANTICIPATED SAVINGS, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP AND/OR THE USER SUBMISSIONS EVEN IF STEPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).
  83. IN ANY EVENT, STEPS’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO STEPS FOR USING THE APP WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
  84. Indemnity. You agree to defend, indemnify and hold harmless Steps and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the App; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property or privacy right ; and (iv) your User Submissions or any use by you of any other User Submissions. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
  85. Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the App nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
  86. Updates and Upgrades. We may from time to time provide updates or upgrades to the App (each a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
  87. Term and Termination.
  88. This Agreement is effective until terminated by us or you. We f the right, at any time, with or without notice, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only remedy and recourse is to immediately discontinue use of the App.
  89. Upon termination of this Agreement, you shall cease all use of the App. This Section 22 and Sections 13 (Intellectual Property Rights), 16 (Privacy), 17 (Warranty Disclaimers), 18 (Limitation of Liability), 19 (Indemnity), and 23 (Assignment) to 26 (General) shall survive termination of this Agreement.
  90. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Steps without restriction or notification.
  91. Modification. We reserve the right to modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the App. Such change will be effective immediatly following the foregoing notification thereof, and your continued use of the App thereafter means that you accept those changes.
  92. Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Yaffo, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. This Section is not intended to limit your rights under applicable law and/or consumer-protection regulations.
  93. Feedback. We always appreciate feedback or other suggestions, but please note that will own them and we may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
  94. General. This Agreement, and any other legal notices published by us in connection with the App, shall constitute the entire agreement between you and Steps concerning the App. In the event of a conflict between this Agreement and any of the foregoing, the terms of this Agreement shall prevail. No amendment to this Agreement will be binding unless in writing and signed by Steps. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: 10 June 2019