Galcon BT App End User License 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 Galcon Bluetooth (BT) mobile software

application (the "App") you expressly acknowledge and agree that you are entering into a legal agreement

with Galcon Ltd. ("Galcon", “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.

1. Ability to Accept. By installing the App you affirm that you are over thirteen (13) years of age. If you

are between the age of thirteen (13) and eighteen (18) 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.

2. App License. Subject to the terms and conditions of this Agreement, we hereby grant you a personal,

revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable, limited 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).

3. 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 Galcon

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.

4. App Usage 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"). We specifically refer to the Usage Rules of certain

Distributors below in the section below entitled 'Distributor Requirements and Usage Rules', but other

Usage Rules may be applicable depending on where the App has been downloaded from. 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.

5. Location Data. Certain features or functionality, including connectivity via Bluetooth ("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, and, if applicable, activate

the Features (including Bluetooth) on your Device, then the Features may be limited or not operate.

6. Intellectual Property Rights.

6.1. Ownership. The App is licensed and not sold to you under this Agreement and you acknowledge that

Galcon and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below)

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 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.

Commented [Meitar1]: Zohar, your GSI Terms of Use

include language that prohibits any use or access by anyone

under the age of 18. On the call you mentioned that there is no

age restriction in order to be able to use the app. Should we

allow the use of the app only for those above age 18 (as in GSI

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6.2. Content. The 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 the User Submissions (defined below), and the trademarks, service marks and

logos contained therein ("Marks", and together with the Materials and User Submissions, the

"Content"), is the property of Galcon and/or its licensors and may be protected by applicable copyright

or other intellectual property laws and treaties. “Galcon” and the Galcon logo are Marks of Galcon and

its affiliates. All other Marks used on the App are the trademarks, service marks, or logos of their

respective owners.

6.3. 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.

7. User Submissions.

7.1. User Submissions. The App may permit the hosting, sharing, posting, and publishing of content by

you and other users ("User Submissions"). Your User Submissions may be posted to the App. 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 on the App.

7.2. 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.

7.3. 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 use, reproduce, distribute, prepare

derivative works of, display, and perform the User Submissions only in connection with the App,

including without limitation for redistributing part or all of your User Submissions (and derivative works

thereof), and you hereby waive any moral rights in your User Submissions, to the extent permitted by

law.

7.4. 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 Galcon, our users or the public.

7.5. Prohibited Content. You agree that you will not send, display, post, submit, publish or transmit a User

Submission 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

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.

8. Payments. 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.

9. 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

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giving you any notice prior to or after making such changes to the content.

10. 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 [ ] ("Privacy Policy"), and you 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.

11. Warranty Disclaimers.

11.1. THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF

ANY KIND 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.

11.2. 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 FOR ANY CONSEQUENCES TO

YOU OR ANY THIRD PARTY THAT MAY RESULT FROM 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.

11.3. 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.

11.4. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may

not apply.

12. Limitation of Liability.

12.1. UNDER NO CIRCUMSTANCES SHALL GALCON BE LIABLE FOR ANY SPECIAL, DIRECT,

INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF

DATA, REVENUE, 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 EVEN IF GALCON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2. IN ANY EVENT, GALCON'S 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 GALCON FOR USING THE APP

WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.

13. Indemnity. You agree to defend, indemnify and hold harmless Galcon 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; and (iii) your violation

of any third party right, including without limitation any copyright, property, or privacy right. 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.

14. 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.

15. 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

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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.

16. Term and Termination.

16.1. This Agreement is effective until terminated by us or you. We reserve the right, at any time, 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 recourse is to immediately discontinue use of

the App.

16.2. Upon termination of this Agreement, you shall cease all use of the App. This Section 16 and Sections 6

(Intellectual Property Rights), 10 (Privacy), 11 (Warranty Disclaimers), 12 (Limitation of Liability), 13

(Indemnity), and 17 (Assignment) to 20 (General) shall survive termination of this Agreement.

17. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred

or assigned by you but may be assigned by Galcon without restriction or notification. Any prohibited

assignment shall be null and void.

18. 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 ten (10)

days following the foregoing notification thereof, and your continued use of the App thereafter means

that you accept those changes.

19. 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.

20. General. This Agreement, and any other legal notices published by us in connection with the App, shall

constitute the entire agreement between you and Galcon concerning the App. In the event of a conflict

between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with

respect to the subject matter of such notice. No amendment to this Agreement will be binding unless in

writing and signed by Galcon. 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: April 2023