Meta Flow Ltd.
Terms of Use

Last Revised: July 26th , 2017

Meta Flow Ltd. (“Meta Flow”, “we”, “our”, or the “Company”) welcomes you (the “User” and “you”) to the Meta Flow mobile and online platform providing Users access to a personalized dashboard (the “App” and “Site”, respectively) with food, lifestyle and wellness suggestions based on a User’s day to day life, preferences, activities, sleep habits, and real-time assessment of carbohydrate availability and metabolic fuel use as measured via use of Meta Flow’s Lumen Device (as defined below) (collectively, the “Services”). You may use the Services and the Lumen Device solely in accordance with the terms and conditions hereunder.

By entering, connecting to, accessing or using the Services and/or by setting up an Account, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy http://www.metaflow.co/privacy (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Services and acknowledge that these Terms constitute a binding and enforceable legal contract between Meta Flow and yourself.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS OR USE THE SERVICES OR ANY PART THEREOF IN ANY MANNER.

By acceptance of the Terms, you represent that any and all information you provide us through the Services is true and accurate. The provision of any false or fraudulent information is strictly prohibited.

You further consent to receive communications from us electronically. We may communicate with you a variety of ways, such as by e-mail, in-app push notifications, or by notices and messages on the Site. You may revoke your consent to any individually targeted communications at any time.

1. The Services

The Services provide the User with personalized suggestions for nutrition and fitness plans (“Suggestions”) based on (i) certain User Metabolic Data (as defined below) as collected via the Lumen Device; and (ii) the User’s input of User’s Physical Information (as defined below) (collectively, the “Personal Physical Profile”).

The Services are made available through the use of a Meta Flow proprietary digital breath analyzer apparatus (the “Lumen Device”), which measures and analyzes a User’s real-time metabolic data, including but not limited to User Co2 production, metabolic fuel usage, heart rate and breath mechanics information (“Metabolic Data”).

TO USE THE SERVICES AND OPEN A USER ACCOUNT YOU MUST BE OVER THE AGE OF EIGHTEEN (18).

NOT MEDICAL ADVICE OR HEALTH CARE SERVICES:

META FLOW DOES NOT DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE NOR DOES IT PROVIDE ANY PROFESSIONAL HEALTH RELATED ADVICE.

THE SERVICES ARE PROVIDED “AS IS” AND ANY INFORMATION GENERATED, PROVIDED OR CONCLUDED USING THE SERVICES IS DEPENDANT ON THE ACCURACY AND RELIABILIY OF INFORMATION ENTERED AND UPLOADED BY YOU. META FLOW HAS NO LIABILITY WHATSOEVER WITH RESPECT TO THE INFORMATION AND SUGGESTIONS PROVIDED, GENERATED, OR CONCLUDED IN CONNECTION WITH THE USE OF THE SERVICES. YOU AGREE THAT META FLOW IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THE SERVICES, AND THE RELIANCE ON ANY INFORMATION OR SUGGESTION PROVIDED THEREBY, BY YOU OR ANY OTHER USER.

UNLESS EXPRESSLY PROVIDED OTHERWISE IN THE SERVICES, META FLOW DOES NOT IN ANY WAY ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN WHOLLY OR PARTIALLY IN RELIANCE ON THE SERVICES OR ANY INFORMATION CONVEYED VIA THE SERVICES, OR OBTAINED THEREFROM, NOR FOR ANY LOSS, INJURY, INCONVENIENCE, HARM AND/OR DAMAGE INCURRED AS A RESULT OF, OR IN CONNECTION WITH, THE SERVICE OR USE THEREOF.

THE LUMEN DEVICE IS NOT A MEDICAL DEVICE. ANY DECISION OR ACTION YOU TAKE BASED ON ANY OUTPUT AND/OR INFORMATION PROVIDED VIA USE OF THE LUMEN DEVICE IS TAKEN AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES AND THE LUMEN DEVICE ARE ENTIRELY AT YOUR OWN RISK.

2. Registration and User Account

In order to use the Services and the Lumen Device, you must register and open a User account on the App and/or the Site (the “Account”). Registration must be completed either via Facebook or directly by providing Meta Flow with the following require registration information: your name, photograph, phone number, e-mail address, date of birth, gender, and other demographic information. You shall provide accurate, complete and up-to-date information in connection with the use of the Services.

During the registration process, you will be required to choose a password and username for your Account. You are solely and fully responsible for maintaining the confidentiality of the login credentials (e-mail, username and password) of your Account and for all activities that occur under your Account.

You agree not to disclose your login credentials to any third party. If you forget your password, you can request through the Services to have a new password issued and sent to your registered e-mail address. Your Account is at risk if you let someone else use it inappropriately and we reserve the right to terminate your Account if we determine that you or anyone using your Account violates these Terms.

You must notify us immediately of any unauthorized use of your Account or login credentials or any other breach of security. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the Terms or from any unauthorized use of your Account or any other breach of security. You may be liable for the losses of Meta Flow and/or others due to any such use.

If you wish to modify your Account information, or if you wish to terminate your Account, you may do so by contacting Meta Flow support available at info@metaflow.co. Your Account will be terminated within a reasonable time following your request in accordance with the Privacy Policy, and from that date you will no longer be able to access your Account, and without derogating from any right or claim available to Meta Flow, any and all permissions, rights and licenses granted to you under these Terms shall be instantly terminated and revoked.

NOTE THAT TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS AND/OR UNAVAILABILITY OF CONTENT, FEATURES, OR CAPACITY WITH REGARD TO YOUR ACCOUNT. META FLOW SHALL NOT BE LIABLE IN ANY WAY FOR SUCH UNAVAILABILITY AND/OR LOSS.

3. Initial Set-Up and On-Going Updates.

In order for a User to begin use of the Services, a User must create an initial Personal Physical Profile (the “Baseline Personal Physical Profile”) by following the instructions provided by the App, which may include the following: (i) preform an initial calibration of the Lumen Device; (ii) upload photographs of and provide a description of the meals you consume during your first week using the Services; (iii) log any activity, including workouts, sleep quality/duration, bowel movements, etc.; (iv) log any changes to your weight; (v) fill in questionnaires with respect to your personal motivation and/or goal (collectively: “Physical Information”). Please be sure to provide accurate and complete information in preforming all the Baseline Personal Physical Profile activities in order to provide Meta Flow with an accurate Baseline Personal Physical Profile.

In order to ensure the Services are best suited to your personal preferences and needs, you may be required to update your Personal Physical Profile on an ongoing basis in accordance with the on-going changes of your Physical Information.

4. Social Groups

Users may, in their sole discretion, choose to participate in the Meta Flow social groups (“Social Groups”), which provides a forum for Users to share their Personal Physical Profile and/or any part thereof, their stories, photographs and any such other User-Generated Content (as defined below) with other Users. If you do not wish to participate in a Social Group you have been invited to please do not accept such invitation.

META FLOW IS NOT RESPONSIBLE FOR ANY USER-GENERATED CONTENT EXCHANGED BY USERS VIA SOCIAL GROUPS.

5. User Representations and Undertakings

You represent and warrant at all times throughout your use of the Site and/or App that: (i) you have full authority to agree to these Terms, and there is no restriction, limitation, contractual obligation or statutory obligation which prevents it from fulfilling its obligation under these Terms; (ii) you are and will continue to be in compliance with all applicable laws, rules, and governmental (state, local, and community) and regulatory levies and requirements relating to it and the Services; (iii) your use of the Services has not been previously blocked, suspended or terminated; (iv) you do not authorize a third party to do any of the foregoing; and (v) you will not infringe or violate any of the Term

6. Use Restrictions

There are certain conducts which are strictly prohibited in our Services. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result (at Meta Flow’s sole discretion) in the termination of your access to the Services and may also expose you to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services or any of the Meta Flow information and resources about the Services, Meta Flow’s systems and technology and any other content related thereto (including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, related graphics, intellectual property and other features (collectively, the “Content”), in any way or publicly display, perform, or distribute them; (ii) make any use of the Services and/or Content on any other website or networked computer environment other than in the Site, for any purpose, or replicate or copy the Content without Meta Flow’s prior written consent; (iii) create a browser or border environment around Meta Flow’s Services, Content and any part thereof (no frames or inline linking); (iv) interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Service without their express and informed consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vi) transmit or otherwise make available in connection with our Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that 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; (vii) interfere with or disrupt the operation of our Services, or the servers or networks that host our Services, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content of our Services; (ix) frame or mirror any part of this Site without Meta Flow’s prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from our Services; (xi) forward any data generated from our Services without the prior written consent of Meta Flow; or (xii) to transfer and/or assign the User’s Account’s password, even temporarily, to a third party; (xiii) upload, display, convey and/or otherwise communicate to Meta Flow or to any Users, any information, imagery and other content which is proprietary information of any third party; (xv) use our Services for any illegal, immoral or unauthorized purpose; or (xvi) use our Services, the and/or the Content for non-personal or commercial purposes without Meta Flow’s express prior written consent or pursuant to an express written agreement.

7. User Generated Content

Certain features of the Services may permit Users to post and edit content, nickname, photographs (personal and food), fitness-related data, text, photos, report data gaps or errors and other types of works (collectively, “User Content”) and to publish User Content on the Services. Please ensure that when you use the Services, you respect the rights of others including any intellectual property, other proprietary rights and privacy rights of third parties who may have an interest or right in connection with the User Content you upload and/or provide to Meta Flow or the Services. Meta Flow will not bear any liability for any loss, damage, cost, or expense that you may suffer or incur as a result of or in connection with uploading any User Content. Some User Content may only be contributed by you if you have created an Account or if you are a member of a Social Group.

You hereby further acknowledge and agree that the User Content is non-confidential. You understand and agree that you are solely responsible for your User Content and the consequences of posting or publishing such User Content, on the Services, in any way. You hereby warrant that your User Content is true, current, accurate and complete.

You represent and warrant that you are the rightful owner of the User Content you upload to the Services or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Content and/or the subjects of such User Content (e.g. individuals appearing in any photos uploaded by the User, if such subjects’ consent is required under applicable laws) and that such User Content does not infringe any third party's intellectual property rights or other rights, including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights.

IT IS THE USER’S SOLE RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER CONTENT, INCLUDING WITH RESPECT TO THE UPLOADING OF ANY PHOTOS AND TO ADHERE TO ANY APPLICABLE STATE AND FEDERAL LAWS REGARDING SUCH INFORMATION.

Without derogating from the above, you expressly agree that the User Content that you post or upload will not include (i) any spam, unsolicited promotions, advertising, contests or raffles; (ii) content which is unlawful, defamatory, libelous, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening or vulgar; (iii) content that unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class; (iv) content that encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit; or (v) content that might reasonably pose a risk to a person’s safety, security or health. The above examples of unlawful and prohibited User Content do not constitute an exhaustive list.

Meta Flow is under no obligation to edit or control User Content that you or other Users post or publish, and will not be in any way responsible or liable for User Content. Although Meta Flow has no obligation to screen, edit or monitor any of the User Content, Meta Flow explicitly reserves the right, at its sole discretion, to remove, edit, or block without giving any prior notice, any User Content available on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post on the Services at your sole expense.

If notified by a User or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Meta Flow does not permit copyright-infringing activities on the Services. When you upload, post, publish or make available any User Content on the Services, you grant to (i) Meta Flow an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub- licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Content, along with the User Contacts that you submit in connection with such User Content, in connection with the Services, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) each User of the Services has a non-exclusive and royalty-free license to access your User Content through the Services and to use such User Content for personal and non-commercial purposes. Meta Flow shall not bear any liability for any use by any third party of the User Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Content.

You acknowledge and understand that Meta Flow may, at its sole discretion, delete or remove any of your User Content made available on the Services. You are solely responsible for the storage of your User Content.

8. Privacy Policy

Meta Flow respects your privacy and is committed to protect the information you share with it. We believe that you have a right to know our practices regarding the information Meta Flow collects when you connect to, access or use our Services. Our policy and practices and the type of information collected are described in our Privacy Policy. If you intend to connect to, access or use our Services you must first read and agree to the Privacy Policy.

9. Intellectual Property Rights

Meta Flow hereby grants you with a limited, personal, non-exclusive, terminable, non-assignable, non-sublicensable, non-transferrable license to use the Services subject to the terms and conditions in this agreement. These Terms do not entitle you with any right in and/or to any of the Services, including without limitation the App, the Lumen Device, and/or the Site.

Meta Flow’s marks and logo (whether or not registered) and all other proprietary identifiers used by Meta Flow in connection with the Service (the “Meta Flow Trademarks”) are all trademarks and/or trade names of the Company, whether they are registered or not. All other trademarks, trade names, identifying marks and logos might appear in the service belongs to their right owners (“Third Party Trademarks”). No right, license, or interest to Meta Flow Trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Meta Flow’s Trademarks and therefore you will avoid using any of those marks unless such use was specifically authorized in the Terms.

Our Services, the Content and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of our Services), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to Meta Flow and subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Meta Flow’s proprietary rights, including Meta Flow’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.

You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Meta Flow or its licensors, including [®], copyright mark [©] or trademark [™] contained in or accompanying the Content included on the Site, and you represent and warrant that you will abide by all applicable laws in this respect.

10. Availability

Our Services availability and functionality depends on various factors, such as communication networks. Meta Flow does not warrant or guarantee that our Services will operate and/or be available at all times without disruption or interruption, or that it will be error-free.

11. Changes to our Services

Meta Flow reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently our Services (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the Content provided under our Services may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Meta Flow shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services or the content included in our Services.

12. Disclaimer and Warranties

META FLOW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON OUR SERVICES. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK.

META FLOW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE LUMEN DEVICE OR THE ACCURACY OF USER’S METABOLIC DATA.

YOU ASSUME FULL RESPONSIBILITY FOR ANY USE OF THE SERVICES NOT IN ACCORDANCE WITH META FLOW INSTRUCTIONS.

META FLOW SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IT WAS CAUSED CONSEQUENTLY OR IN CONNECTION WITH THE USE OF THE SERVICES, OR ANY OTHER INFORMATION EMERGING FROM USING THE SERVICE, WHETHER OR NOT THE COMPANY HAD INFORMED THE USER OF SUCH POSSIBLE DAMAGE.

OUR SERVICES ARE PROVIDED ON AN “AS IS” 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 OR FUNCTION. META FLOW DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT AVAILABLE ON OUR SERVICES INCLUDING ANY SUGGESTIONS. THE USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK AND META FLOW SHALL HAVE NO LIABILITY RELATING TO SUCH USE. META FLOW DISCLAIMS RESPONSIBILITY FOR ANY AND ALL INFORMATION UPLOADED OR COMMUNICATED THROUGH THE SERVICES BY USERS.

META FLOW DOES NOT WARRANT THAT THE OPERATION OF OUR SERVICES IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.

13. Limitation of Liability

IN NO EVENT SHALL META FLOW, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS 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 ACTIONS RESULTING FROM OR ARISING OUT OF OUR SERVICES, OR THE USE OR INABILITY TO USE OUR SERVICES, THE CONTENT, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF META FLOW TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF META FLOW BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER META FLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH STATES.

SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR META FLOW’S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF META FLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL META FLOW’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO META FLOW FOR YOUR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO META FLOW FOR THE USE OF THE SERVICE OR IF NO PAYMENTS WERE MADE ON YOUR BEHALF, THEN META FLOW SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

14. Indemnification

You agree to defend, indemnify and hold harmless Meta Flow from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising directly or indirectly from: (i) your use of our Services; (ii) your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of our Services (including your violation of any third party rights); (iv) any claim for financial remedies or other compensations due to a decision that was taken or not taken or any action that was made or not made based on the Content, output or any other data resulting from the use of the Services; and (v) your violation of any applicable law or regulation.

15. Amendments to the Terms

Meta Flow may change the Terms from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the homepage of the Site and/or the App and/or we will send you an e-mail regarding such changes to the e-mail address that you provided during registration. Such substantial changes will take effect seven (7) days after such notice was provided on our website or sent via email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of our Services the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

16. Termination of the Services

At any time, Meta Flow may block your access to our Services and/or temporarily or permanently limit your access to our Services, at its sole discretion, in addition to any other remedies that may be available to Meta Flow under any applicable law. Such actions by Meta Flow may be taken if Meta Flow deems that you have breached any of these Terms in any manner.

Additionally, Meta Flow may at any times, at its sole discretion, cease the operation of our Services or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Meta Flow does not assume any responsibility with respect to, or in connection with the termination of our Services operation and loss of any data.

The provisions of Section ‎4 (User Representations and Undertakings), Section ‎5 (Use Restrictions), Section 7 (Privacy Policy, including the Privacy Policy referred to therein), Section 8 (Intellectual Property Rights), Section 9 (Availability), Section 10 (Disclaimer and Warranties), Section 11 (Limitation of Liability), Section 13 (Indemnification), , Section 15 (Termination of the Service), and Section 18 (General), shall survive the termination or expiration of these Terms.

17. Platform Providers

By downloading the App from a third-party mobile application marketplace (e.g. App Store), a service provider or distributor (“App Providers”), your use of the App may also be subject to the rules of use of the App Providers in connection with your use of the App (“Rules of Use”). Note that the Rules of Use may apply to you and it is your responsibility to determine whereas the Rules of Use govern your use of the App. You agree to meet all the Rules of Use of the App Providers apply to you.

Such App Providers are independent from the Service. You hereby acknowledge that Meta Flow has no control over such App Providers, and further acknowledge and agree that Meta Flow is not responsible for the availability of App Providers, and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such App Providers.

18. Misconduct and Copyright Agent

We care for your safety and well-being. If you believe a User acted inappropriately including, but not limited to, offensive, violent or sexually inappropriate behavior ore content, please report immediately such person to the appropriate authorities and to us.

Meta Flow respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to the Meta Flow’s Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information sufficient to permit the Meta Flow to locate the material (including URL address or screen capture of such infringing activity); (iv) information so that the Meta Flow can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Meta Flow’s Copyright Agent can be reached at info@metaflow.co.

19. General

These Terms do not, and shall not be construed to create any partnership, joint venture, employer- employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to the Service or use of the Service will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Site and/or the Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the District of Tel Aviv, Israel. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Metaflow's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and Metaflow relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Metaflow. Notices to you may be made via email or regular mail. Our Service may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contact

If you have any questions (or comments) concerning the Terms or the Service, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: info@metaflow.co.

By contacting us, you represent that you are free to do so and that you will not knowingly provide Metaflow with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to Metaflow, and Metaflow may use or refrain from using any such information at its sole discretion.