TERMS OF USE

End User License Agreement (EULA)

THIS END USER LICENSE AGREEMENT, TOGETHER WITH THE PRIVACY POLICY WHICH IS INCORPORATED BY REFERENCE TO THIS END USER LICENSE AGREEMENT, SET FORTH THE LEGALLY BINDING AGREEMENT ("AGREEMENT") BETWEEN YOU (AN INDIVIDUAL) AND OmshyApps. ("OmshyApps" OR "US", OR "OUR" OR "WE"); THIS AGREEMENT GOVERNS YOUR ACCESS AND USE OF, THE OmshyApps SOFTWARE ("SOFTWARE"), THE OmshyApps WEBSITES ("SITE") AND ANY ACCOMPANYING SERVICES, FEATURES, CONTENT AND APPLICATIONS ("FEATURES") OFFERED BY US (ALL COLLECTIVELY REFERRED HEREIN AS THE "SERVICES"). PLEASE READ THESE TERMS CAREFULLY IF YOU WISH TO USE THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR DO NOT CONSENT TO OUR PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES. YOUR USE OF THE SERVICES IS UNDER LICENSE AS SET FORTH IN THESE TERMS. OmshyApps RESERVES ALL RIGHTS IN THE SERVICES INCLUDING ANY RIGHT WHICH IS NOT EXPRESSLY PROVIDED IN THIS AGREEMENT. BY USING THE SERVICES, YOU AGREE THAT YOU WILL NOT USE THEM FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE.

Privacy
We value your privacy and take efforts to protect it. Please see our Privacy policy to know more about our data collection and usage practices.

Your Use of the Services
The Services are provided to you free of charge in our standard format, but some of the Features or functionalities may not be available to you under our standard version of the Software; If you decide to purchase a Premium version of the Software, additional features and functionalities may be available;

You may not use the Services if you are under the age of 13 or if you are not the owner or approved administrator of the device on which you install the Software or otherwise use the Services.

We reserve the right, at our sole discretion, to change, modify, add, or delete any of the terms and conditions of this Agreement or any portion thereof at any time including without limitation the availability of any Features. Your continued use of the Service following any revision of the Services or this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. If you do not agree to be bound by the amended Agreement, you may not use or access (or continue to use or access) the Services.

Payment, renewals and Refund
You can use the free version of the Software. If you decide to purchase the Premium version of the Software you will be charged with our then-current monthly fee. The Premium account will be automatically renewed each month until you notify us that you wish to terminate it. You may send request to terminate Premium account to: omshyapps@gmail.com or cancel your payment on your 'my account' page. We may use third party services to collect payment from you and manage any payment procedure. Before using such third party services, we recommend that you read and understand the applicable terms and conditions of such services and privacy policies and ensure that you agree to their terms. You acknowledge that we are not responsible for any third party services or for the content or privacy practices of such third parties. You are knowingly and voluntarily assume all risks of using such third party services.

Limitation of Liability
IN NO EVENT WILL WE OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SERVICE, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT, SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED FIFTY DOLLARS ($50.00) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY.

General
Entire Agreement; This Agreement, including the policies you may be referred to in the Agreement, constitute the entire agreement between you and us with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Notifications; We may be required by applicable law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or through the Services or delivering them to you via email. You may update your email address through the Services where you have provided us with your contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. If you are a resident of the State of California, U.S.A., you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Assignment; You agree that this Agreement and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, at our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not assign, sublicense, or delegate your rights under this Agreement.

Governing Law; The Agreement and the relationship between you and OmshyApps shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to its choice of law rules. You agree that any legal action arising out of or relating to the Agreement or your use of, or inability to use, the Site or Services shall be filed exclusively in the competent courts of Tel Aviv-Yaffo and you hereby consent and submit to the personal and exclusive jurisdiction and venue of, and waive any jurisdictional, venue, or inconvenient forum objections to, such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. In this Agreement, there shall be no third party beneficiaries to this Agreement.

No waiver; The failure by us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.