"The Company" or "we" or "us" or "our": Essence Future Living (2010) Ltd., 12 Abba Eban Avenue, Ackerstein Towers Bldg. D, Herzliya Pituach, 4612001, Israel.

"you" or "your": An individual exercising permission granted by this EULA.

"Application” or “Service”: TOMO well being service.

"Device": A mobile phone, personal computer, tablet or any other device or any other application interface that you own and/or use and/or hold and/or control, which may enable access to third party services and applications.

By using the Service, downloading the Application, installing or using the Application or any part thereof, you irrevocably agree to the following terms and conditions (the "Terms and Conditions").

Third Party notices, terms and conditions for third party software are here are incorporated by reference.

Certain information about you is subject to our privacy policy; for more information, see our Privacy Notice .

Article I – SCOPE AND TERMS OF USE

Subject to the terms of this EULA, the Company grants you a non-exclusive, non-transferable, non-sub-licensable limited right and license to install and use the Application solely and exclusively for your use via your Device(s) (the "License"). For the avoidance of doubt, the License allows you to install and use the Application on several Devices owned by you; however, you may not further distribute the Application to other parties, and you are responsible for the use on the several Devices owned by you in full accordance with this License. Once the Application is installed and used, the Company will provide you with the Service, in accordance with the Terms and Conditions. The provision of the Service is a key component of the engagement between you and the Company and is governed by the Terms and Conditions.
You agree that you shall be solely responsible (and that the Company has no responsibility to you or to any third party) for the use of the Application and/or the Service, for any breach of the obligations under the Terms and Conditions, and for the consequences (including any loss or damage which the Company and/or you and/or any third party may suffer and/or incur) as a result of any such breach.
As a condition to using the Application and/or the Service, you agree that certain Application updates, upgrades and/or patches may be automatically received and installed on your Device from time to time, and the Company will attempt to ensure that the interference to your daily use of the application by such installments is kept to a necessary minimum.
As a condition to using the Application and/or the Service, you agree that you will receive certain messages from the Company, including notifications sent to you through the Application.

Article II – PROPRIETARY RIGHTS

You hereby agree and acknowledge that:

(i) The Application and/or Service are protected by Intellectual Property Rights laws (as defined below). The Application and/or Service also contain proprietary and confidential information that is protected by applicable trade secret laws; and

(ii) The Company and its third party licensors own and retain all right, title and interest in and to the Application and/or the Service and content, excluding content provided by you, that may be presented or accessed through the Application and/or the Service, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, trade secret laws, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

The Application and the Service furnished hereunder is licensed to you subject to and in accordance with the terms and conditions of the EULA, and not sold. Nothing in this EULA constitutes a sale, transfer or conveyance of any Intellectual Property Rights to you.

Any suggestions, improvements or other feedback provided by you regarding the Application and the Service are the exclusive property of the Company. You hereby freely assign any and all Intellectual Property Rights in such feedback to the Company. You hereby irrevocably and perpetually waive any and all moral rights, rights or paternity or integrity and rights to credit or attribution, they may have in such feedback.

You agree that you will not, and will not allow any third party to,

(1) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application and/or the Service for any purpose, without the express written consent of the Company,

(2) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application and/or the Service,

(3) use the Application and/or the Service to access, copy, transfer, or retransmit content in violation of any law or third party rights,

(4) remove, obscure, or alter the Company's copyright notices, trademarks, logos or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application and/or the Service,

(5) disclose any results of testing or benchmarking of the Application and/or the Service to any third party,

(6) workaround or circumvent the ordinary functioning of the Application and/or the Service, or use any features, functions or abilities that are inaccessible or hidden in the Application and/or the Service, or

(7) Attempt any of the foregoing.

OPEN SOURCE. The Application and/or Service may contain or may be provided in conjunction with open source software, including some or all of those detailed in the NOTICES file available here. You acknowledge that not all open source software detailed in the NOTICES file provided to you are necessarily used or provided in the particular version of the Application and/or Service you receive. To the extent so indicated by an open source license referenced in such NOTICES file, the open source software corresponding to such open source license, is licensed directly to you and end-users by its respective licensors, not sublicensed to you or end users by the Company, and is subject to its respective open source license, not to this EULA. If and to the extent an open source license detailed in the NOTICES file requires to provide, impose, or incorporate by reference, certain disclaimers, permissions, provisions, prohibitions, restrictions or other terms then such shall be deemed to be imposed, or incorporated by reference herein, as required, and shall supersede any conflicting provisions herein, solely with respect to the corresponding open source software which is governed by such open source license. If, and to the extent, an open source license detailed in the NOTICES file requires that the source code of its corresponding software be made available to you or an end-user, and such source code was not delivered to you or the end-user with the Application and/or Service, then the Company hereby extends a written offer, valid for the period prescribed in such open source license, to obtain a copy of the source code of the corresponding open source software, from the Company. To take up this offer, contact the Company at the email address licenses@essence-grp.com .

USERNAME AND PASSWORD: In order to access and use the Application and/or the Service you must obtain a valid username and password. You are solely responsible for maintaining the confidentiality of your username and password. For security reasons and to avoid unauthorized access, you are required to logout in an orderly manner from the Application at the end of each session. In any case, the Company shall not be liable for any damage or loss of any kind or nature incurred and/or suffered by you and/or by any third party as a result of the Application and/or the Service being accessed and/or used by unauthorized user/s.
TERMINATION: The License is effective until terminated by you or by the Company by written notice. Your rights under the License will terminate automatically without prior notice from the Company if you fail to comply with any Terms and Conditions, or if the term of the Service expires or terminates; in such event the Company may block you from using and/or accessing the Application and/or the Service and you shall not have any claim against the Company in connection with such restriction. Upon termination of the License, you shall cease all use of the Application and/or the Service, and destroy all copies, full or partial, of the Application.
INDEMNITY: To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or accruing from your use of the Application and/or the Service, including your downloading, installation, or use of the Application and/or the Service, or your violation of the Terms and Conditions.

Article III – DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION AND/OR THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND/OR THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION AND/OR THE SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICE PERFORMED OR PROVIDED BY THE APPLICATION AND/OR THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION AND/OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION AND/OR THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE(S), OR LOSS OF DATA THAT RESULTS FROM USING THE APPLICATION AND/OR THE SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY CANNOT ASSURE AND TAKES NO RESPONSIBILITY THAT SOME OR ALL OF THE INFORMATION SENT VIA THE APPLICATION AND/OR THE SERVICE WILL BE SENT AND/OR REACH THE INTENDED RECIPIENT AND/OR NOT BE SENT AND/OR NOT REACH OTHER THIRD PARTIES, IN WHICH CASE THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE AND/OR LOSS OF ANY KIND OR NATURE INCURRED AND/OR SUFFERED BY YOU AND/OR BY ANY THIRD PARTY AS A RESULT THEREOF.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE INFORMATION GATHERED AND/OR STORED BY THE APPLICATION (THE "INFORMATION") IS STORED ON THE COMPANY'S SERVERS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALTHOUGH THE COMPANY WILL TAKE REASONABLE MEASURES IN ORDER TO PROTECT THE INFORMATION STORED ON THE COMPANY'S SERVERS AND PREVENT PENETRATION OF THE COMPANY'S SERVERS BY THIRD PARTIES, THERE IS A POSSIBILITY THAT SOME OR ALL OF THE INFORMATION MAY, FOR WHATEVER REASON, WITHOUT THE COMPANY'S AND/OR YOUR SERVICE PROVIDER'S CONSENT, BE EXPOSED TO THIRD PARTIES, IN WHICH CASE THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE AND/OR LOSS OF ANY KIND OR NATURE INCURRED AND/OR SUFFERED BY YOU AND/OR BY ANY THIRD PARTY AS A RESULT THEREOF.

Article IV –SERVICE LIMITATIONS

The Application is designed to operate on your cellular device. The Application will work only in areas where the cellular service has coverage and the Company has no control over such coverage. You are responsible for all cellular plan fees.
You acknowledge that signals which are transmitted over telephone lines, wire, air waves, internet, VOIP, or other modes of communication pass through communication networks wholly beyond the control of the Company and are not maintained by the Company and the Company shall not be responsible for any failure which prevents transmission signals from reaching your Internet enable device or damages arising therefrom, or for data corruption, theft or viruses to your Internet enabled device.

Article V – EXCULPATORY AND LIMITATION OF LIABILITY PROVISIONS

THE APPLICATION AND THE SERVICES ARE PROVIDED "AS IS" AND “WITH ALL FAULTS”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE APPLICATION AND THE SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, TRADE USAGE, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, EXPECTED RESULT, QUALITY, TITLE, PERFORMANCE, SECURITY OR COMPATIBILITY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE APPLICATION OF THE SERVICE, WHETHER MADE BY THE COMPANY, A REPRESENTATIVE OR OTHERWISE, WHICH IS NOT EXPRESSLY PROVIDED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY THE COMPANY FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF THE COMPANY WHATSOEVER.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, ADVISORS, AND ANYONE ACTING ON THEIR BEHALF, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY OR PUNITIVE DAMAGES, LOSSES (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION, WITH THIS AGREEMENT, THE APPLICATION, OR THE SERVICE, EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES OR PAYMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AND AGGREGATE LIABILITY OF THE COMPANY AND ITS EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, ADVISORS, AND ANYONE ACTING ON THEIR BEHALF, TO YOU, SHALL BE CAPPED AT THE HIGHER OF: (A) THE FEES YOU PAID (IF ANY) TO THE COMPANY FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (B) FIVE (5) US DOLLARS.

Article VI – GOVERNING LAW AND JURISDICTION

Regardless of your jurisdiction of residence, this Agreement and your use of the Application and the Services will be exclusively governed by and construed under the laws of the State of Israel excluding any otherwise applicable rules of conflict of laws. Any dispute, controversy or claim which may arise out of or in connection with this Agreement, the Application and the Services, shall be under the sole and exclusive jurisdiction and venue of the state courts located in Tel Aviv, Israel.

Article VII – MODIFICATION

The Company reserves the right to modify without prior notice the Application and/or the Service, at any time. The Company also reserves the right to terminate any or part of the Application and/or the Service at any time on its sole discretion without prior notice.

Article VIII – LICENSE CHANGES

The Company may change this License and all documents incorporated by reference including, without limitation, the Privacy Policy by posting a new version and notifying you in whatever manner the Company reasonably deems appropriate. Use of the Application or Service after such change constitutes acceptance of such change.
This Agreement, and any new versions, between the Company and you, covers all your use of the Service, including, without limitation, the Application. You can accept this Agreement by clicking on such acceptance buttons or links as may be designated by the Company. If you disagree with any of the terms below, the Company does not grant you a license to use the Service and/or the Application.

Article IX – MISCELLANEOUS

These Terms and Conditions constitute the entire Agreement between you and the Company relating to the Application and/or the Service and govern your use of the Application and/or the Service, and completely replace and supersede any prior or contemporaneous agreements between you and the Company regarding the Application and/or the Service.
The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to the Company.
The provisions of these Terms and Conditions are independent of and severable from each other. If any provision is found to be invalid or unenforceable for any reason, that provision shall be deemed modified to the extent necessary to make it valid and operative, or if it cannot be so modified, eliminated, and the remainder of these Terms and Conditions shall continue in full force and effect as if these Terms and Conditions had been signed with the invalid portion so modified or eliminated.