DROVE TERMS OF SERVICE

Welcome to DROVE

These Terms of Service explain how you can use DROVE’s mobile app and related services (collectively “DROVE” or the “Services”), provided by DROVE NETWORK NETWORK LTD., and/or its affiliates (“Company,” “we,” or “us”). Please read these Terms of Service (“TOS”) before you get started. They apply to all visitors, users and others who access or use the Services (“Users” or “You”). By accessing or using the Services you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not access or use the Services.

1. What is DROVE

DROVE is an online platform, developed, owned, marketed and operated by the Company, which enables users (whether they are politicians, election candidate, individuals or organizations leaders (collectively, “Leader(s)”), or Leaders’ followers and supporters (“Follower(s)”)), to manage their Leader-Follower relationship via social media, including without limitation, upload posts, promote campaign and events, raise funds, allow Followers to be actively involved with certain aspects of every campaign or event, keep Followers up to date with all of campaign or event news and activities through push notifications, text messaging and email, as well as to interact, communicate and stay connect with other users.

The platform may be used by downloading and using the DROVE App for mobile devices as further detailed below.

2. Our Privacy Policy

Your privacy is important to us. Please refer to our Privacy Policy which can be viewed at https://www.drove.com/policies/privacy, for information on how Company collects, uses and discloses personal information from its Users (“Privacy Policy”). Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.

3. Who can use the Services

DROVE is not directed to users younger than the age of 18. It is offered only to users 18 years of age or older. If you are under 18 years old, please do not use DROVE. Any person who provides their personal information through DROVE represents to us that they are at least 18 years of age and are fully able to enter into these TOS, and to abide by and comply with these TOS.

4. User Account

In order to access and use certain services on DROVE, you will be required to create an account. To create an account, you must select a password and provide us with your full name and phone number. You will not share your password or let anyone else access your account, or do anything else that might jeopardize the security of your account. Your account is subject to termination if you or anyone using your account violates these TOS.

We may allow you to login or otherwise use DROVE through social media networks login services, such as Facebook Connect or Google+ (“Social Media Login”). If you choose to login through a Social Media Login, you agree to the terms and conditions of such social media network. You acknowledge that the use of Social Media Login to login for DROVE may provide the Company with access to certain information and data that you have provided social media network (according to the terms and conditions of such social media network) and you expressly agree to the Company’s use of such data or information in accordance with these TOS and our Privacy Policy. We have the final discretion in granting accounts and reserve the right to reject users without explanation.

You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. You agree to immediately notify the Company of any unauthorized use of your account or password. The Company will not be liable for any losses or damage arising from unauthorized use of your account or password.

5. Your User Content

DROVE allows you to create content such as posts, videos, data, photos, messages, graphics, text, and other data and information (“User Content”) and to upload, publish, display, post, share, link, submit or make available for inclusion on DROVE (hereinafter “share”), as you may designate. You own all of the User Content and information you share for inclusion on DROVE and you can control how it is shared through your account privacy settings. Please note that by default, the User Content is displayed to the public in general and anyone can view your profile and shares on DROVE. You can make your shares private in DROVE so only approved friends or followers can see them and/or change the privacy settings from public to private at any time via your account settings.

6. Conduct Rules for User Content

We want DROVE to be a social network community and safe place where users can share User Content with other users. In order to do so we set certain guidelines and rules, those are in addition to the terms of the TOS:

Any use of the Services in violation of the foregoing and/or violates any terms of these TOS may result in, among other things, removal of your User Content and termination or suspension of your rights to use the Services.

7. How DROVE and other users can use your User Content

Company does not claim ownership of any User Content that you create or share on or through the Service. Instead, you hereby grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual and irrevocable license(s) to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, publicly display, and make derivative works of, and otherwise exploit for any purpose, all such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with DROVE, all subject to our privacy policy and your privacy settings. Note that the Company shall be entitled, in its sole discretion, to shrink any images and/or files uploaded to your account, without any liability to you whatsoever.

In addition, subject to our privacy policy and the privacy settings of your account you grant users of DROVE, a non-exclusive license to access your User Content through DROVE, and to use, reproduce, distribute, display and perform such User Content in all or in part as permitted through the functionality of the Services and under these TOS, all for non-commercial purposes.

8. Responsibility for Campaigns

You will only initiate and promote campaign, event or activity that is compliant with any applicable law, rule or regulation and the provisions of the TOS. If a campaign, event or activity requires obtaining any kind of license, authorization or approval from any authority or third party, or requires submission of a report thereto, you will be responsible for obtaining such license, approval, authorization or the submission of such report. If a license, authorization or approval previously granted to you by a third party is revoked or if you discover that the campaign, event or activity is no longer compliant with any applicable law, rule or regulation or the provisions of the TOS, you will immediately terminate such campaign, event or activity. Company reserves the right, in its sole discretion and without any notice to you or other users, to remove, screen, edit, delete, disable access to or refuse any User Content shared on DROVE, for any reason whatsoever or for no reason. Company takes no responsibility and assumes no liability for any campaign, event or activity or for the outcome thereof.

When you initiate a campaign, event or activity, you warrant and represent that (i) all information you provide in connection therewith is accurate, complete, and not designed to mislead or deceive any user; (ii) all contributions made to your campaign or actions taken by users in connection therewith will be used solely as described by you; (iii) you have the authority (including any consents), as required under any applicable law, to provide us with any personal data and allow us to use such personal data for the purposes provided by you or prescribed by any law rule or regulation. You authorize Company, and Company reserves the right to provide information related to your campaign to users and beneficiaries of your campaign and to any competent authority.

9. Direct Messages

DROVE provides a platform that allows sending direct messages to users. You hereby agree and authorize the Company and/or anyone on its behalf to Send you direct messages based on your preferences or prior connection to a Leader. You may opt out of receiving direct messages at any time.

By using DROVE to send direct messages to other users you agree to the following terms:

  1. Your use of DROVE direct messaging will comply with any law and regulation applicable in the country of your recipients.
  2. In the event of “importing” users and user information to DROVE from another platform or database, you warrant and represent that you have collected such user information, obtained any necessary consent from such users and will only import information that is relevant and necessary to your database in compliance with any applicable law or regulation.
  3. The Company reserves the right at its sole discretion or at the request of any user, to remove user or user information from mailing lists and/or the database.
  4. You agree to indemnify and hold harmless the Company from any losses, including attorney fees, that will result from your breach of the TOS.

10. Participating in Campaigns

We do not and cannot verify the information supplied by Leaders or other users in relation to any campaign, event or activity. We do not endorse any Leader, campaign event or activity and we make no guarantee that any information provided by any user in connection thereto is accurate or that any campaign, event or activity is compliant with any law or regulation.

Should you have any reason to believe that any Leader, campaign, event or activity are fraudulent, incompliant with any law or regulation or the terms of the TOS we encourage you to notify us by sending an email to report@drove.com.

11. Raising Funds with DROVE

DROVE provides a platform that allows users to initiate a fundraising campaign and receive the funds collected from users that contributed to such campaign. Using DROVE for any kind of offering or issuance of securities to the public or for provision or acceptance of loans is strictly forbidden. Campaign initiators and beneficiaries are allowed to provide contributors with rewards for contributions. We facilitate the collection of funds and other interactions between the organizers of the campaigns and the contributing users, but we are not a party to any agreement between a campaign organizer and a contributing user, or between any user and any beneficiary of a campaign. We are not a broker, agent, creditor or insurer of any user. By initiating a fundraising campaign, you appoint and authorize us for receiving, holding and transferring the collected funds to you. Company reserves the right, in its sole discretion and without any notice to you or other users, to freeze any campaign, block or hold contributions, return contributions to respective users at the Company’s sole discretion, for example, in the event that Company has reason to believe that the campaign or the initiator of such campaign is not compliant with any law rule or regulation or the TOS or if we believe an activity to be fraudulent.

Our fee for the use of the fundraiser platform ranges between 1% – 10% of processed contributions. Company reserves the right to change the fee system at any time.

We do not handle tax payments, but we may collect tax identification information and report to tax authorities if legally required to do so. You will be solely and fully responsible for all taxes and fees related to your campaigns, including any taxes related to the raised funds, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform the users and contributors of such and provide them with a duly issued invoice or any other document that may be required by law.

12. Making Contributions with DROVE

We do not and cannot verify the information supplied by Leaders or other users, and we cannot guarantee that the contributions will be used in accordance with any fundraising purpose prescribed by a campaign initiator. We have no control over the information provided by a Leader or any user, or over the use of the collected contributions. Company disclaims all responsibility and liability regarding the outcome of any campaign or the use of funds by the campaign initiators or beneficiaries to the fullest extent permitted by applicable law.

If you become aware of any fraudulent activity and misuse of funds or have reason to believe that a campaign initiator or beneficiary is not raising or using the funds for their stated purpose, we encourage you to notify us by sending an email to report@drove.com.

We may collect your information in order to comply with applicable laws, rules or regulations, in order to facilitate or secure the transfer of funds or in order to transfer such information to the Leader or beneficiary as part of the campaign. The collection, storage and use of the information will be made in accordance with the provisions of the Privacy Policy.

Unless specifically stated otherwise by the initiator of the campaign, the contributions are not tax-deductible charitable contributions. In any event, the campaign initiator is solely responsible to provide any documentation in relation to the contributions and the Company takes no responsibility for any tax, or other legal aspects of the contributions and you assume full responsibility thereto.

13. E-Commerce

DROVE provides a platform that allows users to sell goods, services and content (“Products”) and receive funds collected from users for such Products.

We enable or facilitate the collection of funds and interactions between the vendors and buyers or the Products (“Vendors” and “Buyers” respectively), but we are not a party to any agreement between a selling and buying user, or between any user and any third party. We are not a broker, agent, creditor or insurer of any user. By selling Products via our platform, you appoint and authorize us for receiving, transferring and holding the collected funds and agree to the following terms:

  1. You will be solely responsible and liable for your Products and any information or content related thereto uploaded to DROVE and for all warranties, assistance and support in relation to the Products. Company takes no responsibility and assumes no liability for any Product or any warranty information or content related thereto.
  2. You will be solely responsible and liable and will bear all costs in relation to the supply chain of your Products;
  3. You warrant and represent that you have obtained any kind of license, authorization or approval from any authority or third party necessary to sell the Products.
  4. You will not offer or sell any Products, or provide any User Content regarding the Products which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export;
  5. You will be solely and fully responsible for all taxes and fees related to your activities, including any taxes related to the purchase or sale of the Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform the users and Buyers of such and provide them with a duly issued invoice as required by law;
  6. The Company may, at any time and at its sole discretion, suspend, disable access to or remove any Products without any liability to you or to any users.

14. Cancellation Policy

Cancellation of a purchase can be made by a Buyer by sending a written cancelation notice to the Vendor, in accordance with the terms and conditions presented by the Vendor in relation to the Product.

By selling Products via our platform you warrant and undertake to have a cancellation policy in place and available to the users, and that such cancellation policy will be compliant with any law and regulation applicable to the Products the relevant countries.

15. Payments

Some of our Services are free and some are paid. When you subscribe for a paid Service, you agree to the fees and the payment terms for such Service. We may change the fees and the payment terms from time to time. The applicable fees and the payment terms shall be the updated on our website and it is your responsibility to periodically check the fees and the payment terms. Subject to any applicable law, your use of the Service after a change, constitutes your acceptance of the new fees or payment terms.

The fees for each paid Service are charged in advance for every subscription period. Your subscription will renew automatically at the end of each applicable subscription period. You can terminate your subscription at any time. If you terminate your subscription for a Service, you will not be charged for such Service as of the next subscription period but any paid fees are non-refundable.

Upon subscription for paid Services, you will be required to provide us with a valid credit card information. By subscribing for a paid Service and by providing us with a credit card information, you authorize us to charge the subscription fee from such credit card (or any credit card the will replace it) on a regular basis, in accordance with the then effective payment terms, during the time you are subscribed for the paid Service.

It is your responsibility to provide us with a valid credit card information beforethe expiration or termination of the previous credit card. If, for any reason, we will not be able to charge the Service fees from your credit card, we may suspend you from receiving the Services until we will be able to charge you.

16. Third Party Services

The Company may provide some services via third party service providers such as, payment processors (“Third Party Services”). In order to use some of the Third Party Services, you may be required to register with the third party service providers and agree to their terms of service and privacy policy. By using the Third Party Services you agree that you have reviewed the applicable terms of service and privacy policy for the country in which you are located, set forth by the third party service providers (such as, WePay TOS and privacy policy, Stripe TOS and privacy policy and Paypal TOS and privacy policy) and you agree to them. We are not a party to your relationship with any such third party service providers. We are neither responsible nor liable in any way in relation to the Third Party Services and provide no warranties in relation thereto. Under no circumstances will the Company be responsible for the accuracy, correctness, reliability, completeness or usability of the Third Party Services or be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages, that may result from any Third Party Services.

Contributions to fundraising campaigns and payments related to Products will be processed through third party payment service providers in accordance with such service provider’s terms of service and other applicable policies.

17. Limitation of liability for the User Content

Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party creates with DROVE or shares through DROVE and the consequences of sharing or publishing it. You are solely responsible for your User Content that you share through DROVE. By using DROVE, you acknowledge and agree that Company does not select, approve or endorse any User Content shared by you or other users and that Company will not be responsible nor liable for such User Content or for any loss or damage that you have incurred as a result of the use of such User Content. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you share through your use of DROVE, is solely your responsibility. In addition, Company is not liable for any mistakes, omissions, falsehoods, defamation, slander, libel, obscenity, pornography or profanity you may encounter. Your use of any User Content is at your own risk. Although Company does not control and has no obligation to review, screen, edit or monitor any of the User Content shared on DROVE, Company reserves the right, in its sole discretion and without any notice to you or other users, to remove, screen, edit, delete, disable access to or refuse any User Content shared on the DROVE, for any reason whatsoever or for no reason. You acknowledge and agree that Company has no responsibility or liability for the deletion or failure to store any User Content that you transmitted to the Services.

18. The DROVE App

The Services are available through the DROVE mobile application, which is developed, owned and marketed by Company, and any and all related updates and upgrades thereto (the “DROVE App”). DROVE App can be downloaded through Apple’s software distribution platform (“App Store”) and/or Google’s software distribution platform (“Google Play Store”). Accordingly, the DROVE App can be used on devices that operate with: (a) Apple’s operating system (“iOS platform”); and/or (b) Google’s operating system (“Android platform”) (commonly referred to as the “platform(s)”).

Notwithstanding anything to the contrary in the TOS, the following additional terms shall apply to the DROVE App downloaded from App Store and/or Google Play Store.

For iOS Platform: Licensed Application End User License Agreement (“Standard EULA”), published by Apple, Inc. (located online at: http://www.apple.com/legal/itunes/appstore/dev/stdeula/), which is incorporated into this TOS by reference, whereas for the purposes of this TOS, the “DROVE App” is considered the “Licensed Application” as defined in the Standard EULA and “Company” is considered the “Licensor” as defined in the Standard EULA. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS).

For Android Platform: You acknowledge that you have reviewed the Google Play Terms of Service (located online at https://play.google.com/store) and the Android Market Business and Program Policies (located online at http://www.google.com/mobile/android/market-policies.html), which are incorporated into this TOS by reference.

The App Store Terms and Conditions and the Google Play Terms of Service (including the Android Market Business and Program Policies), as applicable to your device, are referenced in this license as “Usage Rules”.

19. Users Interaction and Disputes

You acknowledge and agree that your interaction with persons, individuals, other users, organizations, and other entities found on or through DROVE are solely between you and other persons, individuals, other members, organizations, and other entities. You acknowledge and agree that Company will not be liable, responsible, or otherwise legally accountable to you or to any third party for any loss or damage of any sort that you or any third party have incurred from your interaction with such persons, individuals, other users, organizations, and other entities found on or through DROVE. In case of a dispute between users of DROVE or other participants of DROVE, or between users and any third party, you acknowledge and agree that Company is not liable, responsible, or otherwise legally accountable for such dispute nor is Company under any obligation to become involved in such disputes. You are solely responsible for your interactions with other DROVE users. Company reserves the right, but has no obligation, to monitor disputes between you and other users.

20. Ownership and Proprietary Rights

The Services and all materials and content thereto (other than User Content), including, without limitation, all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Company Materials”), are the proprietary property of Company or its licensors, and are protected by any and all applicable copyright and other intellectual property laws. We and/or our licensors own and retain all right (including all copyright and other intellectual property rights thereto), title and interest in and to the Services and the Company Materials. Except for the license granted by Company to you under these TOS, no right, title, ownership, interest, or license in or to the Services and the Company Materials, whether by implication, estoppel or otherwise, is granted, assigned or transferred to you under or in connection with these TOS. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO THE COMPANY.

DROVE, the Company logo and any other product or Services name contained in the Services and/or the Company Materials are trademarks of Company or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. In addition, the look and feel of the Services and/or the Company Materials, including all page headers, custom graphics, button icons and scripts, are the services mark and/or trademark of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the DROVE App are the property of their respective owners.

Without limiting any of the foregoing or hereunder, the Company’s or any of its affiliates products, technology and processes referred to or posted on the Services may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these TOS or by any other provision contained in the Services, and the Company and/or its affiliates reserves all such rights.

If you provide the Company with any ideas, feedbacks, opinions, inputs, or suggestions concerning the Services (“Feedbacks”), you hereby irrevocably and unconditionally assign to the Company all right, title, and interest in and to any such Feedbacks and Company will be free to use such feedback, without any compensation or attribution to you, for any purpose whatsoever.

21. Intellectual Property Infringement

The Company is committed to protecting the rights of copyright right holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Therefore:

22. Modification, Limitation and Termination of Services

You acknowledge and agree that Company, in its sole control and discretion, reserves the right to: (i) modify, edit, adapt or change the Service, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service, at any time for any reason or for no reason, with or without notice; and/or (ii) suspend or discontinue any and all aspects of the Service, at any time for any reason, with or without notice; and/or (iii) delete, or deactivate your account, block your IP address, or otherwise interfere, restrict, or terminate your access to parts or all of the Services immediately and without notice or liability to Company for any reason or for no reason.

Company will not be liable, responsible, or otherwise legally accountable to you or to any third party for any such modification, interference, suspension, discontinuance or termination of your access to the Services. You agree that you will have no claim, complaint or demand against Company with regard to these matters.

In addition, Company assumes no responsibility and will not be liable for network hardware or other technical failure that may affect or disable any user’s computer system which arises from the use of DROVE.

Upon termination of the Services as aforementioned or upon your disposal of the DROVE App by uninstalling the DROVE App: (a) the license granted to you hereunder to use the DROVE App will terminate; (b) you must immediately cease using the Services and the DROVE App and destroy or erase all copies of the DROVE App in your possession or control; (c) you agree not to download, copy, install or use the DROVE App (including any subsequent version of the DROVE App) or the Services or register for any new user accounts.

By using DROVE, you acknowledge and agree that the Service may contain links to other websites or pages of third parties (“Linked Sites”), which may change from time to time. You also acknowledge and agree that such Linked Sites are independently owned and operated, and that their content is not controlled by Company. You also acknowledge and agree that Company is neither responsible nor liable for the content, accuracy, or opinions expressed and contained within Linked Sites nor for any loss or damage that you may incur by any materials contained within Linked Sites. Company does not monitor, investigate, nor check these Linked Sites for accuracy. Company makes no claims nor warrants the truthfulness, legitimacy, completeness, or validity of the materials contained in such Linked Sites. Inclusion of the Linked Sites does not imply approval or endorsement of the materials contained in Linked Sites by Company. Your use of these Linked Sites will always be at your own risk and responsibility.

24. Disclaimers of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES, INCLUDING OF THE DROVE APP AND/OR ANY CONTENT OR MATERILAS OR COMPANY MATERIALS ASSOCIATED THEREWITH OR CONTAINED IN OR ACCESSED THROUGH THE DROVE APP (HEREINAFTER “DROVE”), IS ENTIRELY AT YOUR OWN RISK, AND THAT DROVE IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OR PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS LICENSORS DO NOT MAKE, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARISING BY LAW OR OTHERWISE, REGARDING DROVE AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE DROVE OR ANY OTHER PRODUCT OR SERVICES ASSOCIATED THEREWITH.

WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT: (I) THAT DROVE WILL BE UNINTERRUPTED OR FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS; (II) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF DROVE; (III) THAT DROVE WILL MEET YOUR REQUIREMENTS; (IV) THAT DROVE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; (V) THAT ANY ERRORS IN DROVE WILL BE CORRECTED; (VI) THAT DROVE WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES; AND/OR (VII) THAT ANY CONTENT AND/OR MATERIALS ARE ACCURATE, COMPLETE, RELIABLE OR CURRENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

25. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS DIRECTORS, EMPLOYEES OR AGENTS OR COMPANY’S LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITIES WHATSOEVER OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE DROVE AND/OR THE CONTENT OR THE COMPANY MATERIALS CONTAINED IN OR ACCESSED THROUGH DROVE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED THROUGH DROVE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY TO YOU, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO COMPANY FOR INSTALL, ACCESS TO OR USE OF DROVE. THIS LIMITATION APPLIES, BUT IS NOT LIMITED TO ANYTHING RELATED TO DROVE OR CONTENT OR MATERIALS MADE AVAILABLE THROUGH DROVE.

26. Indemnification

You agree to defend, indemnify and hold Company and anyone on its behalf, including but not limited to, all of its subsidiaries, affiliates, owners, officers, agents, employees, partners and licensors, harmless from any losses, expenses, costs, claims, damages or demand (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation), arising from, incurred as a result of, or in any manner related to your breach of the terms of these TOS.

27. Governing Law; Jurisdiction

These TOS shall be governed by and construed in accordance with the laws of the state of Israel (unless otherwise required by any laws, regulations and/or directives which are applicable to your country of origin). You agree that any dispute, suit, action or proceeding arising out of or relating to or in connection with the Services or these TOS, shall be filed only to the exclusive jurisdiction of the Court Tel-Aviv, Israel.

28. Modifications of the TOS

We reserve the right, at our discretion, to update or revise these TOS at any time. Any changes or modification will be effective immediately upon posting of the revisions on the DROVE App. You can review the most current version of the TOS. Your continued use of DROVE following the posting of any changes to the TOS constitutes acceptance of those changes. Therefore, you should frequently review the TOS and applicable policies to understand the terms and conditions that apply to your use of DROVE. If you do not agree to the amended terms, you must stop using DROVE.

29. Contact Us

Please feel free to direct any questions or concerns regarding these TOS by contacting us through email at: support@drove.com.

Last Updated: December 20, 2018