THIS LICENSE AGREEMENT‭ (“‬AGREEMENT‭”) ‬IS A LEGAL CONTRACT BETWEEN YOU‭ (“‬YOU‭”) ‬AND MYFIRSTMATE LTD‭. (‬OR ANY OTHER NAME ELECTED BY‭ ‬YUVAL SHEMESH‭ (‬THE‭ ‬“FOUNDER”‭) ‬AND APPROVED BY THE APPLICABLE REGISTRAR OF COMPANIES‭), ‬A COMPANY TO BE INCORPORATED BY THE FOUNDER‭ (‬“WE”‭ ‬OR‭ ‬“MYFIRSTMATE”‭) (‬EACH‭, ‬AS A‭ “‬PARTY‭” ‬AND COLLECTIVELY‭, ‬AS THE‭ “‬PARTIES‭”). ‬BY CLICKING‭ “”‬DOWNLOAD‭”, “‬INSTALL‭”, ‬OR OTHER SIMILAR BUTTON OR BY INSTALLING‭, ‬ACCESSING AND/OR USING THE MYFIRSTMATE APP‭ (‬THE‭ “‬APP‭”) ‬OR WEBSITE‭ (“‬SITE‭”) ‬OR THEIR RELATED SERVICES‭ (‬DEFINED BELOW‭), ‬YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AS OF THE DATE OF ACCEPTANCE BY YOU‭ (‬THE‭ “‬EFFECTIVE DATE‭”). ‬

THE APP IS AVAILABLE ON THE GOOGLE PLAY AND APPLE APP STORES‭.  ‬YOU MAY ALSO RECEIVE THE SERVICE VIA OUR SITE ON‭: ‬HTTPS‭:/‬MYFIRSTMATE.PRO‭/. ‬

BY AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT YOU ALSO REPRESENT THAT YOU‭: (‬I‭) ‬HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT‭; ‬AND‭ (‬II‭) ‬WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL‭ (‬NON-ELECTRONIC‭) ‬SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS‭, ‬TO THE EXTENT PERMITTED UNDER APPLICABLE LAW‭. ‬

IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT OR DO NOT HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT DO NOT ACCEPT THIS AGREEMENT AND DO NOT ACCESS AND/OR USE THE APP‭, ‬SITE OR ITS RELATED SERVICES‭. ‬

1‭.‬ Service‭. ‬

1.1‭.‬ The Service‭.  ‬The Website and App provide a platform through which myFirstMate can assist you in streamlining the process of planning sailing vacations and provide support to you through your sailing journey‭ (‬the‭ “‬Service‭”). ‬By using our Service‭, ‬you acknowledge and agree that certain features and functionalities may require the use of GPS technology to operate effectively‭. ‬If you‭ ‬choose not to activate or to switch off GPS functions on your Device‭ (‬defined below‭), ‬certain aspects of the Service may not work as intended‭. ‬

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

1.3‭.‬ License‭. ‬Subject to the terms and conditions of this Agreement‭, ‬myFirstMate hereby grants you a limited‭, ‬worldwide‭, ‬non-exclusive‭, ‬non-sublicensable‭, ‬non-transferable and revocable right and license to‭ (‬i‭) ‬use and access the App on a mobile telephone‭, ‬tablet or device‭ (‬each a‭ “‬Device‭”) ‬that you own or control‭; ‬and‭ (‬ii‭) ‬access and use the App on that Device during the Term‭ (‬as defined below‭), ‬solely for your internal purposes‭ (‬meaning not for resale‭). ‬You may use the Service subject to the use limitations specified in this Agreement and applicable laws and regulations‭. ‬

1.4‭.‬ You shall be solely responsible for providing all equipment‭, ‬systems‭, ‬assets‭, ‬access‭, ‬and ancillary goods and services needed to‭ ‬access and use the Service‭, ‬for ensuring their compatibility with the Service‭.‬

1.5‭.‬ Account Setup‭. ‬In order to access the Service‭, ‬you may be required to set up an administrative account with myFirstMate‭, ‬by submitting the information requested during such account set-up process‭ (“‬Account‭”).  ‬You warrant that all information submitted during the registration process is‭, ‬and will thereafter remain‭, ‬complete and accurate‭. ‬You shall be responsible and liable for all‭ ‬activities that occur under or in the Account‭. ‬Any unauthorized access or use of the Service must be immediately reported to myFirstMate‭.‬

2‭.‬ Third Party Service Providers‭. ‬The Service is supported by certain third party service providers over whom myFirstMate has no control and myFirstMate absolves itself of all liability in claims and damages that arise with respect to the provision‭, ‬or lack thereof‭, ‬of such services‭. ‬The availability of the Service shall be subject to myFirstMate’s third party service providers’‭ ‬ability to meet its commitments‭.‬

3‭.‬ Support‭. ‬

MyFirstMate shall provide reasonable support to you through your interaction with the App‭.‬

4‭.‬ Service Restrictions‭. ‬Except as expressly permitted otherwise under this Agreement‭, ‬you shall not do‭ (‬or permit or encourage to‭ ‬be done‭) ‬any of the following‭ (‬in whole or in part‭): (‬a‭) ‬copy‭, “‬frame‭” ‬or‭ “‬mirror‭” ‬the Service‭; (‬b‭) ‬sell‭, ‬assign‭, ‬transfer‭, ‬lease‭, ‬rent‭, ‬sublicense‭, ‬or otherwise distribute or make available the Service to any third party‭; (‬c‭) ‬modify‭, ‬alter‭, ‬adapt‭, ‬arrange‭, ‬or translate the Service‭; (‬d‭) ‬decompile‭, ‬disassemble‭, ‬decrypt‭, ‬reverse engineer‭, ‬extract‭, ‬or otherwise attempt to discover the‭ ‬source code or non-literal aspects‭ (‬such as the underlying structure‭, ‬sequence‭, ‬organization‭, ‬file formats‭, ‬non-public APIs‭, ‬ideas‭, ‬or algorithms‭) ‬of‭, ‬the Service‭; (‬e‭) ‬remove‭, ‬alter‭, ‬or conceal any proprietary rights notices displayed on or in the Service‭; (‬f‭) ‬circumvent‭, ‬disable or otherwise interfere with security-related or technical features or protocols of the Service‭; (‬g‭) ‬make a derivative work of the Service‭, ‬or use it to develop any service or product that is the same as‭ (‬or substantially similar to‭) ‬it‭; (‬h‭) ‬store or transmit any robot‭, ‬malware‭, ‬Trojan horse‭, ‬spyware‭, ‬or similar malicious item intended‭ (‬or that has the potential‭) ‬to damage or disrupt the Service‭; (‬i‭) ‬take any action that imposes or may impose‭ (‬as determined in myFirstMate’s reasonable discretion‭) ‬an unreasonable or disproportionately large load on the servers‭, ‬network‭, ‬bandwidth‭, ‬or other cloud infrastructure which operate or support the Service‭, ‬or otherwise systematically abuse or disrupt the integrity of such servers‭, ‬network‭, ‬bandwidth‭, ‬or infrastructure‭, ‬or‭ (‬j‭) ‬breach or otherwise not comply with any applicable laws and/or regulations‭. ‬

5‭.‬ Mutual Warranties‭. ‬Each Party represents and warrants that its agreement to‭, ‬and performance of‭, ‬this Agreement will not conflict with other agreements to which it is bound or violate applicable law‭.‬

6‭.‬ Usage Rules‭. ‬If you are downloading the App from a third-party mobile device platform or service provider‭ (‬“Distributor”‭), ‬please be aware that the Distributor may have established usage rules which also govern your use of the App‭ (‬“Usage Rules”‭). ‬We specifically refer to the Usage Rules of certain Distributors below in the section below entitled‭ ‬‘Distributor Requirements and Usage Rules’‭, ‬but other Usage Rules may be applicable depending on where the App has been downloaded from‭. ‬You acknowledge that‭, ‬prior to downloading the App from a Distributor‭, ‬you have had the opportunity to review and understand‭, ‬and will comply with‭, ‬its Usage Rules‭. ‬The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by this reference‭. ‬You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App‭; ‬if you are unable to make such a representation you are prohibited from installing and/or using the App‭.‬

7‭.‬ Intellectual Property Rights‭. ‬

7.1‭.‬ Service‭. ‬As between the Parties‭, ‬myFirstMate is‭, ‬and shall be‭, ‬the sole and exclusive owner of all intellectual property rights‭ ‬in and to‭: (‬a‭) ‬the Service and all related software and intellectual property‭; ‬and‭ (‬b‭) ‬any and all improvements‭, ‬derivative works‭, ‬and/or modifications of/to the foregoing‭, ‬regardless of inventorship or authorship‭. ‬You shall make‭, ‬and hereby irrevocably make‭, ‬all assignments necessary or reasonably requested by myFirstMate to ensure and/or provide myFirstMate the ownership rights set forth in this paragraph‭. ‬MyFirstMate shall be entitled‭, ‬from time to time‭, ‬to modify and replace any features such as module‭,‬‭ ‬tool‭, ‬basic functionality or feature of the Service‭ (‬but not material functionalities‭, ‬unless it improves the material functionality‭) ‬and user interface of the Service‭. ‬Nothing herein constitutes a waiver of myFirstMate’s intellectual property rights under any law‭.‬

7.2‭.‬ Feedback‭. ‬If myFirstMate receives any feedback‭ (‬which may consist of questions‭, ‬comments‭, ‬suggestions or the like‭) ‬regarding any‭ ‬of the Services‭ (‬collectively‭, “‬Feedback‭”), ‬all rights‭, ‬including intellectual property rights in such Feedback shall belong exclusively to myFirstMate and such shall be considered myFirstMate’s Confidential Information‭. ‬You hereby irrevocably and unconditionally transfer and assign to myFirstMate all intellectual property rights it has in such Feedback and waives any and all moral rights that You may have in respect thereto‭. ‬It is further understood that use of Feedback‭, ‬if any‭, ‬may be made by myFirstMate‭ ‬at its sole discretion‭, ‬and that myFirstMate in no way shall be obliged to make use of the Feedback‭.‬

7.3‭.‬ Analytics Information‭. ‬Any anonymous information‭, ‬which is derived from the use of the Service‭ (‬i.e‭., ‬metadata‭, ‬aggregated and/or analytics information and/or intelligence relating to the operation‭, ‬support‭, ‬and/or your use‭, ‬of the Service‭) ‬which is not personally identifiable information and which does not identify you‭ (“‬Analytics Information‭”) ‬may be used for providing the Service‭, ‬for development‭, ‬and/or for statistical purposes‭. ‬Such Analytics Information is myFirstMate’s exclusive property‭.‬

7.4‭.‬ User Data‭. ‬While using the Service‭, ‬certain data‭, ‬such as personal data or other data‭, ‬will be made available and/or accessible‭ ‬to myFirstMate or the Service‭ (‬the‭ “‬User Data‭”). ‬You hereby grant myFirstMate and its affiliates a worldwide‭, ‬non-exclusive‭, ‬non‭-‬assignable‭ (‬except as provided herein‭), ‬non-sublicensable‭ (‬except to myFirstMate’s subcontractors‭, ‬if applicable‭), ‬non-transferable right and license‭, ‬to access and use the User Data‭, ‬including without limitation for myFirstMate’s provision of the Service‭ ‬and related services hereunder‭. ‬You represent‭, ‬warrant and covenant that to the extent the User Data includes any personally identifiable information‭ (‬such as name‭, ‬phone number‭, ‬email‭), ‬you acknowledge and provides full and informed consent for myFirstMate to process and store such personal data and User Data in order to perform the Service‭. ‬MyFirstMate shall maintain the confidentiality of such User Data however‭, ‬it may be required to disclose the User Data‭: (‬a‭) ‬to satisfy any applicable law‭, ‬regulation‭,‬‭ ‬legal process‭, ‬subpoena or governmental request‭; ‬or‭ (‬b‭) ‬to collect‭, ‬store‭, ‬transfer‭, ‬and/or process the User Data through its affiliates‭, ‬subsidiaries‭, ‬third party service providers and vendors as reasonably necessary to provide the Service‭.‬

8‭.‬ Privacy Policy‭. ‬We will use any personal information that we may collect or obtain in connection with the Service in accordance‭ ‬with our privacy policy which is available at‭ [‬https://myfirstmate.pro/privacy-policy-2/‭] (‬“Privacy Policy‭”), ‬and you agree that we may do so‭.  ‬Please also be aware that certain personal information and other information‭ ‬provided by you in connection with your use of the App may be stored on your Device‭ (‬even if we do not collect that information‭). ‬You are solely responsible for maintaining the security of your Device from unauthorized access‭. ‬

9‭.‬ Third Party Components‭. ‬The Service may use or include third-party open source software‭, ‬files‭, ‬libraries or components that may‭ ‬be distributed to you and are subject to third party open source license terms‭. ‬A list of such components is available upon request and may be updated from time to time by myFirstMate‭. ‬If there is a conflict between any open source license and the terms of this Agreement‭, ‬then the open source license terms shall prevail but solely in connection with the related third party open source software‭. ‬MyFirstMate makes no warranty or indemnity hereunder with respect to any third party open source software‭.‬

10‭.‬ Messages‭. ‬The Services may permit you to send messages to a third party service provider or to other users‭ (“‬Messages‭”). ‬You are‭ ‬solely responsible for your Messages and the consequences of sending them‭, ‬and you agree to hold myFirstMate harmless‭, ‬and expressly release it‭, ‬from any and all liability arising from your Messages‭. ‬You grant myFirstMate a worldwide license to use‭, ‬store‭, ‬and reproduce your Messages for the limited purpose of facilitating sending them to your designated recipients‭ (‬and myFirstMate may also use the tools‭, ‬software or services of third party service providers to facilitate the sending of Messages to your designated recipients‭). ‬You represent and warrant that you own or have the necessary rights and permissions to use all of your Messages‭, ‬and to grant the foregoing license to us‭. ‬You retain all of your ownership rights in your Messages‭. ‬MyFirstMate reserves‭ ‬the right without further notice to you‭, ‬to monitor‭, ‬censor‭, ‬edit‭, ‬remove‭, ‬delete‭, ‬and/or remove any and all Messages at any time and for any reason‭. ‬You acknowledge and agree that myFirstMate shall have no liability for the content of any Messages you may‭ ‬receive via the Services‭. ‬You agree that you will not send‭, ‬display‭, ‬post‭, ‬submit‭, ‬publish or transmit a Message that‭: (‬i‭) ‬is illegal‭, ‬unfair or deceptive under the laws of any jurisdiction‭; (‬ii‭) ‬creates a risk to safety or health‭, ‬compromises national security‭, ‬or interferes with an investigation by law enforcement‭; (‬iii‭) ‬impersonates another person‭; (‬iv‭) ‬contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party‭; ‬and/or‭ (‬v‭) ‬breaches this Agreement‭.‬

11‭.‬ Confidentiality‭. ‬Each Party may have access to certain non-public information and materials of the other Party‭, ‬in any form or media‭, ‬including without limitation trade secrets and other information related to the products‭, ‬software‭, ‬technology‭, ‬data‭, ‬know‭-‬how‭, ‬or business of the other Party‭, ‬and any other information that a reasonable person should have reason to believe is proprietary‭, ‬confidential‭, ‬or competitively sensitive‭ (‬the‭ “‬Confidential Information‭”). ‬Each Party shall take reasonable measures‭, ‬at‭ ‬least as protective as those taken to protect its own confidential information‭, ‬but in no event less than reasonable care‭, ‬to protect the other Party’s Confidential Information from disclosure to a third party‭. ‬The receiving Party’s obligations under this Section 11‭, ‬with respect to any Confidential Information of the disclosing Party‭, ‬shall not apply to and/or shall terminate if such information‭: (‬a‭) ‬was already lawfully known to the receiving Party at the time of disclosure by the‭ ‬disclosing Party‭; (‬b‭) ‬was disclosed to the receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions‭; (‬c‭) ‬is‭, ‬or through no fault of the receiving Party has become‭, ‬generally available to the public‭; ‬or‭ (‬d‭) ‬was independently developed by the receiving Party without access to‭, ‬use of‭, ‬or reliance on‭, ‬the disclosing Party’s Confidential Information‭. ‬Neither Party shall use or disclose the Confidential Information of the other Party except for performance of its obligations under this Agreement‭ (“‬Permitted Use‭”). ‬The receiving Party shall only permit access to the disclosing‭ ‬Party’s Confidential Information to its respective employees‭, ‬consultants‭, ‬affiliates‭, ‬agents and subcontractors having a need‭ ‬to know such information in connection with the Permitted Use‭, ‬who either‭ (‬i‭) ‬have signed a non-disclosure agreement with the receiving Party containing terms at least as restrictive as those contained herein or‭ (‬ii‭) ‬are otherwise bound by a duty of confidentiality to the receiving Party at least as restrictive as the terms set forth herein‭; ‬in any event‭, ‬the receiving Party shall‭ ‬remain liable for any acts or omissions of such persons‭. ‬The receiving Party will be allowed to disclose Confidential Information to the extent that such disclosure is required by law or by the order of a court or similar judicial or administrative body‭, ‬provided that it promptly notifies the disclosing Party in writing of such required disclosure to enable disclosing Party to seek‭ ‬a protective order or otherwise prevent or restrict such disclosure and cooperates reasonably with disclosing Party in connection therewith‭. ‬All right‭, ‬title and interest in and to Confidential Information is and shall remain the sole and exclusive property of the disclosing Party‭.‬

12‭.‬ DISCLAIMER OF WARRANTIES‭. ‬MyFirstMate represents and warrants that‭, ‬under normal authorized use‭, ‬the Service shall substantially‭ ‬perform in conformance with its Documentation‭. ‬As your sole and exclusive remedy and myFirstMate’s sole liability for breach of‭ ‬this warranty‭, ‬myFirstMate shall use commercially reasonable efforts to repair the Service‭. ‬The warranty set forth herein shall‭ ‬not apply if the failure of the Service results from or is otherwise attributable to‭: (‬i‭) ‬repair‭, ‬maintenance or modification of the Service by persons other than myFirstMate or its authorized contractors‭; (‬ii‭) ‬accident‭, ‬negligence‭, ‬abuse or misuse of the‭ ‬Service‭; (‬iii‭) ‬use of the Service other than in accordance with the Documentation‭; ‬or‭ (‬iv‭) ‬the combination of the Service with‭ ‬equipment or software not authorized or provided by myFirstMate‭. ‬OTHER THAN AS EXPLICITLY STATED IN THIS AGREEMENT‭, ‬TO THE EXTENT PERMITTED BY APPLICABLE LAW‭, ‬THE SERVICE AND THE RESULTS THEREOF ARE PROVIDED ON AN‭ “‬AS IS‭” ‬AND‭ “‬AS AVAILABLE‭” ‬BASIS‭. ‬MYFIRSTMATE DOES NOT WARRANT THAT‭: (‬i‭) ‬THE SERVICES WILL MEET YOUR REQUIREMENTS‭, ‬OR‭ (‬ii‭) ‬THE SERVICE WILL OPERATE ERROR-FREE‭. ‬EXCEPT AS‭ ‬SET FORTH IN SECTION 5‭ ‬AND THIS SECTION‭ ‬‎12‭, ‬MYFIRSTMATE EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES‭, ‬INCLUDING MERCHANTABILITY‭, ‬SATISFACTORY QUALITY TITLE‭, ‬NON‭- ‬INFRINGEMENT‭, ‬NON-INTERFERENCE‭, ‬FITNESS FOR A PARTICULAR PURPOSE‭. ‬MYFIRSTMATE WILL NOT BE LIABLE FOR DELAYS‭, ‬INTERRUPTIONS‭, ‬SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF GPS‭, ‬THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO PUBLIC NETWORKS OR’S HOSTING SERVICES OR ANY OTHER SERVICES PROVIDED BY THIRD PARTY SERVICE PROVIDERS INCLUDING ANY NAVIGATION OR LOCATION BASED SERVICES‭. ‬IT IS CLARIFIED THAT MYFIRSTMATE SHALL HAVE NO LIABILITY FOR ANY ROUTES‭, ‬LOGISTICS AND/OR SAILING ADVICE‭. ‬INSURANCE AND OTHER LEGAL ASPECTS OF SAILING TRIPS SHALL BE YOUR SOLE RESPONSIBILITY‭. ‬MYFIRSTMATE SHALL NOT BE RESPONSIBLE FOR ANY WARRANTIES AND REPRESENTATIONS MADE BY ANY THIRD PARTY SERVICE PROVIDER TO YOU‭. ‬

13‭.‬ LIMITATION OF LIABILITY‭.  ‬MYFIRSTMATE SHALL NOT BE LIABLE FOR ANY DIRECT‭, ‬INDIRECT‭, ‬INCIDENTAL‭, ‬SPECIAL‭, ‬PUNITIVE‭, ‬OR CONSEQUENTIAL DAMAGES‭, ‬OR ANY LOSS OF REVENUE‭, ‬REPUTATION‭, ‬PROFITS‭, ‬DATA‭, ‬OR DATA USE‭, ‬OR THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES‭. ‬IN ANY EVENT‭, ‬MYFIRSTMATE’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT‭, ‬WHETHER IN CONTRACT OR TORT‭, ‬OR OTHERWISE‭, ‬SHALL IN NO EVENT EXCEED‭, ‬IN THE AGGREGATE‭, ‬THE TOTAL AMOUNTS ACTUALLY PAID OR PAYABLE TO MYFIRSTMATE BY YOU IN THE TWELVE‭ (‬12‭) ‬MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM‭. ‬THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT‭. ‬FOR CLARITY‭, ‬THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO PAYMENTS DUE TO MYFIRSTMATE UNDER THIS AGREEMENT‭ (‬INCLUDING ITS EXHIBITS‭).‬

14‭.‬ Term and Termination‭. ‬

14.1‭.‬ Term‭. ‬This Agreement commences on the date of your acceptance of this Agreement‭ (‬as described above‭). ‬You may terminate this Agreement at any time by uninstalling or discontinuing the use of the Service‭. ‬MyFirstMate reserves the right to terminate this Agreement or suspend your access to the Service at any time and for any reason‭. ‬

14.2‭.‬ Effect of Termination‭; ‬Survival‭. ‬Upon termination of this Agreement for any reason‭: (‬a‭) ‬the Agreement shall automatically terminate‭, (‬b‭) ‬you shall cease all access and use of the Service thereunder‭, ‬and‭ (‬c‭) ‬you shall‭ (‬as directed‭) ‬permanently erase and/or‭ ‬return all Confidential Information of myFirstMate in your possession or control‭. ‬The provisions of this Agreement that‭, ‬by their nature and content‭, ‬must survive the termination of this Agreement in order to achieve the fundamental purposes of this Agreement‭ (‬including limitation of liability‭) ‬shall so survive‭. ‬Termination shall not affect any rights and obligations accrued as of‭ ‬the effective date of termination‭.‬

15‭.‬ Miscellaneous‭. ‬This Agreement‭, ‬and any exhibits attached or referred hereto‭, ‬represents the entire agreement between the Parties‭ ‬concerning the subject matter hereof‭, ‬replaces all prior and contemporaneous oral or written understandings and statements‭, ‬and‭ ‬may be amended only by a written agreement executed by both Parties‭. ‬Any other terms and conditions inconsistent with the terms‭ ‬and conditions of this Agreement‭, ‬shall be of no effect‭, ‬except for subsequent terms released by myFirstMate and signed by both‭ ‬of the Parties‭, ‬if contradictory‭, ‬which shall prevail over the terms contained herein‭. ‬The failure of either Party to enforce any rights granted hereunder or to take action against the other Party in the event of any breach shall not be deemed a waiver by‭ ‬that Party as to subsequent enforcement or actions in the event of future breaches‭. ‬Any waiver granted hereunder must be in writing‭. ‬If any provision of this Agreement is held by a court of competent jurisdiction to be illegal‭, ‬invalid or unenforceable‭, ‬the remaining provisions of this Agreement shall remain in full force and effect and such provision shall be reformed only to the‭ ‬extent necessary to make it enforceable‭. ‬Any use of the Service by an agency‭, ‬department‭, ‬or other entity of the United States‭ ‬government shall be governed solely by the terms of this Agreement‭. ‬Except as stated otherwise herein‭, ‬this Agreement is for the‭ ‬sole benefit of the Parties hereto and nothing herein‭, ‬express or implied‭, ‬shall give‭, ‬or be construed to give‭, ‬any rights hereunder to any other person‭. ‬Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other Party‭, ‬which consent may not be unreasonably withheld or delayed‭. ‬Notwithstanding the foregoing‭, ‬this Agreement may be assigned by either Party in connection with a merger‭, ‬consolidation‭, ‬sale of all of the equity interests of such Party‭,‬‭ ‬or a sale of all or substantially all of the assets of the Party to which this Agreement relates‭. ‬Without derogating from and subject to the abovementioned‭, ‬this Agreement will bind and benefit each Party and its respective successors and assigns‭. ‬This Agreement shall be governed by and construed under the laws of the State of Israel‭, ‬without reference to principles and laws relating to the conflict of laws‭. ‬The competent courts of the city of Tel Aviv-Jaffa shall have the exclusive jurisdiction with respect to any dispute and action arising under or in relation to this Agreement‭. ‬Notwithstanding the foregoing‭, ‬each Party may seek‭ ‬equitable relief in any court of competent jurisdiction in order to protect its proprietary rights‭. ‬Each Party irrevocably waives its right to trial of any issue by jury‭. ‬This Agreement does not‭, ‬and shall not be construed to create any relationship‭, ‬partnership‭, ‬joint venture‭, ‬employer-employee‭, ‬agency‭, ‬or franchisor-franchisee relationship between the Parties‭. ‬Neither Party has any authority to enter into agreements of any kind on behalf of the other Party‭. ‬MyFirstMate will not be liable for any delay or‭ ‬failure to provide the Services resulting from circumstances or causes beyond the reasonable control of myFirstMate including‭, ‬but not limited to on account of strikes‭, ‬shortages‭, ‬riots‭, ‬insurrection‭, ‬fires‭, ‬flood‭, ‬storms‭, ‬explosions‭, ‬acts of God‭, ‬war‭, ‬government or quasi-governmental authorities actions‭, ‬riot‭, ‬acts of terrorism‭, ‬earthquakes‭, ‬explosions‭, ‬power outages‭, ‬pandemic or‭ ‬epidemic‭ (‬or similar regional health crisis‭), ‬or any other cause that is beyond the reasonable control of myFirstMate‭. ‬Notices to either Party shall be deemed given‭ (‬a‭) ‬four‭ (‬4‭) ‬business days after being mailed by airmail‭, ‬postage prepaid‭, (‬b‭) ‬the same business day‭, ‬if dispatched by facsimile or electronic mail before 13:00‭ ‬hour‭ (‬Israel time‭) ‬and sender receives acknowledgment of receipt‭, ‬or‭ (‬c‭) ‬the next business day‭, ‬if dispatched by facsimile or electronic mail after the hour 13:00‭ (‬Israel time‭) ‬and sender receives acknowledgment of receipt‭. ‬This Agreement may be executed in electronic counterparts‭, ‬each of which counterpart‭, ‬when‭ ‬so executed and delivered‭, ‬shall be deemed to be an original and all of which counterparts‭, ‬taken together‭, ‬shall constitute but one and the same agreement‭.‬

16‭.‬ Distributor Requirements and Usage Rules for Apple‭. ‬If you download the App from the Apple‭, ‬Inc‭. (‬“Apple”‭) ‬App Store‭ (‬or in any event if you download an Apple iOS App‭) ‬then‭, ‬without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement‭:‬

16.1‭.‬ You acknowledge and agree that‭: ‬

16.1.1‭.‬ this Agreement is concluded between myFirstMate and you only‭, ‬and not with Apple‭, ‬and myFirstMate and its licensors‭, ‬and not Apple‭, ‬are solely responsible for the App and the content thereof‭; ‬

16.1.2‭.‬ your use of the App is also subject to the Usage Rules established by Apple‭, ‬including those set forth in the Apple App Store Terms of Service‭, ‬effective as of the date that you enter into this Agreement‭;‬

16.1.3‭.‬ the license granted herein is limited to a non-transferable right to use the App on an Apple iPhone‭, ‬iPod Touch‭, ‬iPad‭, ‬or other‭ ‬Apple-branded product that you own or control and that runs the iOS‭;‬

16.1.4‭.‬ MyFirstMate is solely responsible for providing any support services with respect to the App‭, ‬as specified in this Agreement‭, ‬or‭ ‬as required under applicable law‭. ‬Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App‭; ‬

16.1.5‭.‬ MyFirstMate is solely responsible for any warranties‭, ‬whether express or implied by law‭, ‬to the extent not effectively disclaimed‭. ‬In the event of any failure of the App to conform to any applicable warranty‭, ‬you may notify Apple‭, ‬and Apple will‭, ‬to the extent applicable‭, ‬refund any purchase price paid‭ (‬if any‭) ‬by you for the App to you‭. ‬To the maximum extent permitted by applicable law‭, ‬Apple will have no other warranty obligation whatsoever with respect to the App‭, ‬and‭, ‬any other claims‭, ‬losses‭, ‬liabilities‭, ‬damages‭, ‬costs or expenses attributable to any failure to conform to any warranty will be myFirstMate’s sole responsibility‭; ‬

16.1.6‭.‬ MyFirstMate‭, ‬and not Apple‭, ‬is responsible for addressing any claims you‭, ‬or any third party‭, ‬may have relating to the App or your possession and/or use of the App‭, ‬including‭, ‬but not limited to‭: (‬a‭) ‬product liability claims‭; (‬b‭) ‬any claim that the App fails to conform to any applicable legal or regulatory requirement‭; ‬and‭ (‬c‭) ‬claims arising under consumer protection or similar legislation‭, ‬including in connection with the App’s use of HealthKit and HomeKit frameworks‭; ‬

16.1.7‭.‬ in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights‭, ‬Apple shall not be responsible for the investigation‭, ‬defense‭, ‬settlement and discharge of any such intellectual property infringement claim‭; ‬

16.1.8‭.‬ Apple‭, ‬and its subsidiaries‭, ‬are third party beneficiaries of this Agreement‭, ‬and that‭, ‬upon your acceptance of the terms and conditions of this Agreement‭, ‬Apple will have the right‭ (‬and will be deemed to have accepted the right‭) ‬to enforce this Agreement‭ ‬against you as a third party beneficiary thereof‭;‬

16.1.9‭.‬ you represent and warrant that‭: (‬a‭) ‬you are not located in a country that is subject to a U.S‭. ‬Government embargo‭, ‬or that has been designated by the U.S‭. ‬Government as a‭ ‬“terrorist supporting”‭ ‬country‭; ‬and‭ (‬b‭) ‬you are not listed on any U.S‭. ‬Government list of prohibited or restricted parties‭;‬

16.1.10‭.‬ if you have any questions‭, ‬complaints‭, ‬or claims regarding the App‭, ‬please contact MyFirstMate at‭:‬

Email‭:‬ info@myfirstmate.pro‭. ‬

16.2‭.‬ By entering into this Agreement you‭, ‬to the extent legally permitted‭, ‬hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements‭. ‬To the extent that the foregoing is not permitted‭, ‬you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service‭, ‬at www.apple.com/legal/itunes/us/terms.html#SERVICE‭ (‬as amended from time to time‭).‬

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Last Updated‭: ‬April‭, ‬2024