TERMS OF USE

Welcome to www.dave.io (together with its subdomains, Content, Marks (as such terms defined below) and services, the “Site”). Please read the following dave.io Website Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to dave.io LTD. and its affiliates (“dave.io”, “we”, “our” or “us”). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these dave.io Website Terms of Use, together with our Privacy Policy (as defined below), (collectively, the “Terms”). 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 these Terms, please do not access or use the Site.

Background. The Site is intended to provide general information regarding dave.io, its products and services.

Modification. We reserve the right, at our discretion, to modify these Terms at any time. Such a modification will be effective 10 days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those modifications.

Ability to Accept Terms. The Site is only intended for individuals aged 18 years or older. If you are under 18 years, please do not visit or use the Site.

Site Access. For such time as these Terms are in effect, we hereby grant you a permission to visit and use the Site provided that you comply with these Terms and applicable law.

Restrictions. You shall not (and shall not permit or encourage any third party to) do any of the following: (i) copy, distribute, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt or modify any part of the Site without our prior written authorization or otherwise attempt to discover the source code or non-literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization and interfaces) of the Site; (ii) use, create derivative works of, transfer (by sale, resale, license, sublicense, download, assignment, leasing, lending, rent or otherwise) to any third party, or otherwise offer or use the Site in a time-sharing, outsourcing or service bureau environment, reproduce, make available, display or disclose Content, except as expressly authorized herein; (iii) remove or conceal, in whole or in part, any copyright, trademark or other proprietary rights notice or legend displayed or contained on or in the Site; (iv) disrupt servers or networks connected to the Site; (v) use, publish, transmit or launch any automated system (including without limitation, “robots”, “spiders”, virus, malware, Trojan horse, spyware or similar malicious item intended (or that has the potential) to damage or disrupt the Site) to access the Site; (vi) circumvent or disable with security-related or technical features of the Site or protocols of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (vii) use the Site to develop any service or product that is the same as (or substantially similar to or competitive with) the Site; (viii) take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on the Site infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of the Site; and/or (ix) use the Site to infringe, misappropriate or violate any third party’s intellectual property rights, or any law.

Payments. Except as expressly set forth in these Terms, your general right to access and use the Site is currently for free, but we may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site 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 Site.

Intellectual Property Rights 7.1. Content and Marks. The (i) content and information on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features and services (collectively, the “Content”); and (ii) the trademarks, service marks, trade names, service names, trade dress, symbols, brands and logos (”Marks”) contained therein, are the property of dave.io and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “dave.io”, the dave.io logo and other marks are Marks of dave.io or its affiliates. All other Marks used or appearing on the Site are the Marks of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content. 7.2. Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, 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.

User Submissions. 8.1. Responsibility. The Site may permit the submission, hosting, sharing and publishing of content by you and other users ("User Submissions"). 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, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all content posted on the Site (including User Submissions) at any time and for any reason. 8.2. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize dave.io to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. "Intellectual Property Rights" means any and all rights, titles, and interests (under any jurisdiction or treaty, whether protectable or not, and whether registered or unregistered) in and to technology and other intellectual property, and includes without limitation patents, copyright and similar authorship rights, personal rights (such as moral rights, rights of privacy, and publicity rights), architectural, building and location (and similar geography-based) rights, mask work rights, trade secret and similar confidentiality rights, design rights, industrial property rights, trademark, trade name, trade dress and similar branding rights, as well as: (a) all applications, registrations, renewals, extensions, continuations, continuations-in-part, divisions or reissues of the foregoing rights; and (b) all goodwill associated with the foregoing rights. 8.3. License to User Submissions. By submitting the User Submissions to dave.io, you hereby grant dave.io a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and dave.io's business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms. 8.4. Prohibited Content. You agree that you will not display, post, submit, publish, upload 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 inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent. 8.5. Exposure. You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources, and that dave.io is 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 hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against dave.io with respect to (i) and (ii) herein.

Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Site Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of dave.io, its users or the public.

Linking. dave.io permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with dave.io or present any false information about dave.io and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own and/or which prohibited linking to third parties; (v) such third party website does not contain content that: (a) is offensive or controversial (both at our discretion); or (b) infringes any intellectual property, privacy rights or other rights of any person or entity; and/or (c) you, and your website, comply with these Terms and applicable law.

Third Party Content. The Site may present, or otherwise allow you to view, access, link to and/or interact with, Content from third parties and other sources that are not owned or controlled by us (such Content, “Third Party Content”). The Site may also enable you to communicate with the related third parties. The display or communication to you of such Third Party Content does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by us of such Third Party Content or third party, or by such third party of us, and nor any affiliation between us and such third party. We do not assume any responsibility or liability for Third Party Content, or any third party’s terms of use, privacy policies, actions, omissions, or practices. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or intellectual property rights of, or relating to, any Third Party Content. Please read the terms of use and privacy policy of any third party that you interact with before you engage in any such activity. By using the Site, 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 Content. Your interaction with a Third Party Content is at your sole discretion and risk. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against dave.io, and release dave.io from any and all liability, arising from your use of and interaction on any Third Party Content. If you have any queries or complaints regarding a Third Party Content, you agree to contact the related third party directly.

Privacy. We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at www.dave.io/privacy (“Privacy Policy”). You agree that we may use personal information that you provide or make available to us in accordance with the privacy policy.

Copyright Policy. It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright and Content Policy which may be viewed at: www.dave.io/copyright ("Copyright Notice").

Warranty Disclaimers 15.1. This Section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. 15.2. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. DAVE.IO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. DAVE.IO DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING OR OTHER REASONS. YOU AGREE THAT DAVE.IO WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY. 15.3. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, DAVE.IO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.

Limitation of Liability 16.1. DAVE.IO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF DAVE.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. 16.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DAVE.IO FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED US $5. 16.3. YOU SPECIFICALLY ACKNOWLEDGE THAT DAVE.IO SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. 16.4. YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT DAVE.IO IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. DAVE.IO RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE. 16.5. THE FOREGOING LIMITATIONS SHALL APPLY: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (B) EVEN IF DAVE.IO HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (C) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (D) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHER CONTRACT OR TORT LIABILITY.

Indemnity. You agree to defend, indemnify and hold harmless dave.io, its affiliates and its and their 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 Site; (ii) your User Submissions; or (iii) your violation of these Terms.

Term and Termination. These Terms are effective and shall continue in full force and effect until terminated in accordance herewith. We reserve the right to immediately terminate these Terms, or otherwise modify, suspend or discontinue your access to and use of the Site (or any part thereof), for any reason whatsoever, at any time, and without notice or obligation to you, and you agree that dave.io shall have no liability to you or any third party for any such termination, modification, suspension or discontinuance. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site and your right to access and use the Site will automatically terminate and be deemed revoked. This Section 17 and Sections 5 (Restrictions), 7‎7 (Intellectual Property Rights), 8 (Information Description), 9 (Disclosure), 10 (User Submissions), 11 (Third Party Content), 12‎12 (Privacy), 13 (Copyright Policy), 14‎14 (Warranty Disclaimers), 15‎15 (Limitation of Liability), 16‎16 (Indemnity), 18‎18 (Assignment), 19 (Governing Law) and 20 (General) shall survive termination of these Terms.

Assignment. dave.io may assign these Terms (or any of its rights and/or obligations hereunder) without restriction, notification or obligation to you. These Terms are personal to you, and you shall not assign (or in any other way transfer) these Terms (or any of your obligations or rights hereunder) without dave.io's express prior written consent. Any prohibited assignment shall be null and void.

Governing Law. These Terms shall be governed by, and construed in accordance with, the laws of the State of Israel, without regard to any conflicts of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to these Terms and are hereby disclaimed. The competent courts of the city of Tel Aviv-Yaffo shall have exclusive jurisdiction with respect to any dispute and action arising under or in relation to these Terms.

General. You and dave.io are independent contractors and nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and dave.io. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of dave.io. These Terms shall constitute the entire agreement between you and dave.io concerning the Site. You acknowledge and agree that in entering into these Terms you have not relied on any statement or representation (whether negligently or innocently made) not expressly set out in these Terms. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms 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 these Terms 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 SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.