The following terms of service (“Terms”) constitute an agreement between you and New Stream Ltd., (together with all its affiliates, “New Stream”, or “we,” “us,” “our”). These Terms govern your access, and/or use of all (A) software programs distributed, published or otherwise made available by New Stream including, but not limited to New Stream’s exercise management and training software (“Software”) (ii) all updates and upgrades to the Softwarre; and (B) services made available by New Stream, including but not limited to any services available on the New Stream’s website and services accessed through or provided in relation to the Software (the “Services”). “You” means any adult user of the Software, or any parent or guardian of any minor whom you allow to use Software or the Services, and for whom you will be held strictly responsible. If you are a minor, you must obtain the permission of your parent or guardian prior to using the Software or Services. If you do not obtain such permission, please do not use the Software or Services.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SOFTWARE.
Rights and Ownership. New Stream grants you a license to use the Software, and does not sell the Software. New Stream reserves all rights that are not explicitly given to you herein. New Stream grants you, and you hereby receives and accepts a personal, non-exclusive, and non-transferable license to use the Software and any of its components, including any modification, repairs, improvements, or user manual of the Software. The Software and any part of it, as well as any other document and/or user manual, related to the Software, are the intellectual property of New Stream and are in its sole ownership. All rights in the Software, including copyrights, trademarks, trade secrets, patents, distribution rights and any other intellectual property, are wholly owned New Stream. This agreement does not grant the user of the Software any intellectual property rights in the Software and/or any part of it.
Restrictions on Use. Except for the use permitted as set forth above, you agree not to perform the following actions: (a) use, modify or merge the Software, except as expressly permitted in this Agreement; (B) sell, grant a license (or sublicense), rent, transfer, encumber or share with another your rights under this Agreement; (C) adapt, modify, disassemble, assemble, reverse engineer, recompile or otherwise attempt to discover the source code of the Software; (D) install the Software on a server that allows access through a public network; (E) use a backup copy or archival copy of the Software (or allow after making use of such copies) for any purpose other than to replace an original copy of the Software that has been destroyed or damaged.
LIMITATION OF LIABILITY. NEW STREAM DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS AND NEEDS OR THAT SOFTWARE OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED. NEW STREAM DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The Software is a software based on analysis of various metrics and its use is in the user’s sole responsibility, therefore NEW STREAM SHALL NOT BE LIABLE (WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE (INCLUDING INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL AND LOST OR DAMAGED DATA OR DOCUMENTATION, SUFFERED BY ANY PERSON, ARISING FROM AND/OR RELATED WITH AND/OR CONNECTED TO ANY USE OF THE SOFTWARE, EVEN IF NEW STREAM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, NEW STREAM WILL NOT BEAR ANY RESPONSIBILITY DUE TO IMPROPER USE, HANDLING OR IMPROPER EXPOSURE OF THE SOFTWARE, OR USE OF AN OUTDATED VERSION OF THE SOFTWARE.
The Software is provided "AS-IS" and you undertake that you reviewed the Software, found it suitable for your needs, and you agree to the functionality of the Software, and it is hereby clarified that the use of the Software may change from time to time, at any time by New Stream sole discretion.It is hereby clarified, that the content displayed in the Software has been collected from many sources. The company does everything in its power to provide professional, complete and accurate information. However, New Stream have no control over the sources of information and content (including the commercial information), and therefore the company does not bear any responsibility for the information and content published and/or guarantee its quality and/or correctness and/or integrity and/or accuracy and/or accuracy and/or adjust it for any purpose.
The Software is not intended to convey or constitute any legal advice, recommendation, consultation, professional opinion, or a replacement for consulting with a professional, as required. The Software cannot be used as a basis for making legal, commercial, personal and/or other decisions by the user. Any action taken by the user based on such content is done at the sole discretion and responsibility of the user.
New Stream strives to provide you the Software without any interruptions, but there may be various glitches and interruptions by third parties or others, or interruptions in the availability of the software, among other things due to technical and maintenance considerations, and accordingly New Stream does not guarantee any monetary or other compensation will be given for the inability to make any use of the Software, including viewing the data.In the event that, notwithstanding the terms of this Agreement, New Stream will be found liable for damages, New Stream’s overall liability will be limited to the price actually paid by the user for the Software.
No Medical Advice. It is hereby clarified, and you acknowledge, that New Stream is not providing any medical advice, and is not a health care provider, licensed or otherwise, and it does not practice medicine. New Stream will not direct patient clinical care and treatment services or emergency patient issues. New Stream cannot and will not assume responsibility for the direct medical care of any user, which shall, at all times remain the responsibility of the user.
The Software and the results obtained from use of the Software, including any report, analysis or information generated from the Software and/or New Stream do not constitute, and should not be a substitute for medical advice, and do not constitute a substitute for evaluation or medical treatment by a physician or health care provider, licensed or not.
If you have a particular pre-existing medical condition, you should seek professional medical advice before using the Software.
Periodic subscription and payment. In order to use the software, the user must fill out an online registration form on the company's website which is subject to these conditions (hereinafter: "the Registration Form"). Depending on the details that the user enters in the Registration Form, insofar as the user is a private user (ie: a personal trainer, and not an association and / or another company and / or corporation and / or business), the following provisions will apply:
In the Registration Form the user will be entitled to choose one of the following two types of subscriptions: (1) a monthly subscription or (2) an annual subscription.
Each of the above subscriptions will be automatically renewed unless the user has notified the Company of the cancellation with a written notice one week prior to the end of the subscription period. It is clarified that when automatically renewing a subscription, the user will be charged the relevant subscription fee.
As opposed to a renewable monthly subscription, the company will send the user who selected an annual subscription a reminder of the end of the annual subscription period (in the range of between 30 to 60 days) before the end of the subscription period, and if the customer does not request cancellation before the end of the period then such subscription will be automatically renewed for an additional one-year period.
Should the user give the company a cancellation notice within 14 days of receiving the first registration confirmation for the selected subscriber, the subscription will be canceled, and the user will be returned his proportionate share for the remaining days for which he did not receive service. To the extent that the user submits a cancellation notice after the said 14 days, the subscription will be canceled at the end of the relevant subscription period, the relative portion of the user will not be returned, and the full payment will be charged for the relevant subscription period. It is further clarified that as long as the subscription is canceled for the first 14 days and not due to a defect in the software and / or non-compliance of the software, the company will be entitled to demand a cancellation fee from the user in accordance with the law.
A. If the user intentionally provided incorrect / false / misleading user information;
B. If the user has committed an act or omission that harms or is likely to harm New Stream or any third parties, including other users;
C. If the user has used the Software to perform or attempt to perform, an act that is illegal, or an act that is presumed to be illegal as aforesaid, or to enable, facilitate, assist or encourage the commission of such an act;
D. If the user has a financial debt to New Stream and/or to someone on its behalf and has not repaid his debt, even though the deadline for payment has passed;
E. If the user violates any of the Terms.New Stream reserves the right to discontinue the use of the Software or modify the Software, in any way that New Stream chooses, at any time, in its sole discretion, and without prior notice.
INDEMNIFICATION. You hereby agree and undertake to defend, indemnify and hold harmless New Stream its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from and in connection with a violation of this Terms by you and/or in respect of any claim, demand and/or lawsuit brought against New Stream and/or anyone on its behalf, by you and/or any third party in connection with and/or as a result of your use of the Software.
CHANGE OF THESE TERMS. New Stream reserves the right to change and update the Terms from time to time and without special notice, according to its sole discretion.
You agree and acknowledge that the company may amend the Terms from time to time, and when you continue to use the Software after the company has change the Terms, you agree to be bound by the updated Terms.Without derogating from the above, you undertake to review the Terms from time to time and to be updated on changes in them, and especially before each us of the software. You must pay attention to the last update date for these Terms, as shown below.
CUSTOMER SERVICE. If you have questions about the Software, you are welcome to contact New Stream via the contact button that appears on the New Stream’s website or by contacting us at: email@example.com.We will try to provide you with an answer as quickly as possible from the moment of contact.
GOVERNING LAW. In the event that any dispute arises, the user of the Software hereby gives his consent that this Terms, their interpretation, validity and breach shall be exclusively governed by the laws of Israel, without regard to its conflict of laws rules, and any claim or dispute with respect thereto shall be submitted to the exclusive jurisdiction of the competent courts of Tel Aviv, Israel, and each of the parties hereby submits irrevocably to the jurisdiction of such court to the exclusion of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement and is hereby disclaimed. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
If and to the extent that a court or other judicial tribunal determines that a provision of these Terms is illegal and/or invalid, then this will not invalidate the other provisions of the Terms and/or the parts of the same provision that were revoked by the court.