Terms of Use

These terms of use, together with any other agreements or terms incorporated by reference, including our Privacy Policy available at https://www.feelthere.live/privacy (the "Terms") set forth the basis on which you are permitted to access and use the website located at https://www.feelthere.live, and associated services (the “Platform”), provided to you by FeelThere.LIVE LTD. ("we" or “Company”).

These Terms constitute a binding and enforceable legal contract between Company and You. By using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the term "You" will refer to such entity and its affiliates. If the legal entity that you represent does not agree with these Terms, you must not accept these Terms or use the Services.

1. Definitions
   1. "Account" means an online account registered by Customer or its users for the purpose of using the Services.
   2. "Confidential Information" means information about the disclosing party's business or activities that is proprietary and confidential including, without limitation, the terms of these Terms and all business, financial, technical, strategic, and other information of a party, which, by its nature or due to the circumstances surrounding its disclosure, ought in good faith to be treated as confidential and/or information that the disclosing party designates as being confidential to the disclosing party.
   3. “Customer Data” means all data, text, files, photos, videos or other materials that Customer or its authorized users transmit, upload, input and/or otherwise provide or make available to the Services and/or Platform, including Content (as defined below).
   4. "Services" means any applications, products, services, documentation, and software made available through the Platform.
   5. "Third Party Platforms" means services made available by third parties to which Company enables Customer to integrate Customer's Account.
   6. "User Data" means data relating to Customer’s use of and performance of various aspects of the Platform and Services. For clarity, User Data does not include Customer Data or Customer Confidential Information.
2. The Services
   1. The Services provide a platform that allows users who have opened an Account on the Platform, to upload live streamed content ("Content") to Third Party Platforms and, using the Company's software, to stream, manage, monitor and edit the Content.
   2. Company may update the Services from time to time, including adding or removing functions, provided that such updates do not materially degrade the functionality of the Services.
3. Registration and User Account
   1. Establishing an Account. In order to use the Platform, Customer must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form and must keep all information in your Account, including email address, up to date.
   2. Account Information. Customer must safeguard and not disclose Customer’s Account username and password and Customer must supervise the use of such Account. Customer must provide Company accurate and complete information in order to create an Account, including any information necessary to enable the Company to integrate the Account with Customer's account on applicable Third Party Platforms. Customer agrees to keep its Account information up to date and accurate. CUSTOMER IS SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE ACCOUNT USERNAMES AND PASSWORDS. CUSTOMER IS SOLELY AND FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER THE ACCOUNT. Customer must notify Company promptly upon becoming aware of any unauthorized use of Customer’s Account or any other breach of security related to Customer’s Account.
   3. Deletion of Account. Customer may delete its Account at any time. Company will permanently delete and destroy all Customer Data in its systems or otherwise in its possession or control within five business days after the last day of the Transition Period related to the termination of these Terms.
   4. Use of User Data. Company may collect and analyze User Data, and Company may use such User Data to (i) improve the Platform performance and functionality and (ii) improve services and support to other Company users and for other business purposes including monitoring, statistical data gathering, diagnostics, comparative analyses, press and supplies utilization, complementary solutions usage, security and software integrity assurance, remote control and support and click performance tracking and billing. Company may use various analytics tools in performing the above. Company may disclose User Data only when anonymized and aggregated with similar data from other customers (such that Customer will never be identified).
   5. Return Policy. Except as otherwise provides in these Terms, all purchases made on the Platform are non-cancellable and non-refundable.
4. User Obligations and Restrictions
   1. License. By uploading Customer Data to the Platform or otherwise using the Services, Customer grant Company a worldwide, non-exclusive, non-transferable, non-assignable, limited license to host, copy and use the Customer Data to provide Customer with the Services. Subject to this limited license, Company does not acquire any right in Customer Data and Customer and its licensors retain all rights and ownership to the Customer Data. Subject to the licenses granted herein, Company retains all right, title and interest in and to its Background Technology that is incorporated into the Customer Data. “Background Technology” means the Platform, the Services and any part thereof. The Services are not intended to be used as storage, backup or archiving services. To the extent relevant, it is Customer’s responsibility to back up Customer Data and, except as otherwise provided in these Terms, Customer is responsible for any lost or unrecoverable Customer Data. 
   2. Restrictions. Customer will not misuse the Services. For example, Customer and its users may not (a) sell, resell, or lease the Services or access or attempt to access the Services by any means other than the Platform provided or authorized by Company; (b) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (c) use the Services to store, share or transmit content which is unlawful, infringing, or which violates any person's rights, including privacy rights and intellectual property rights; (d) attempt to disable, impair, or destroy the Services or Platform; or (e) reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
   3. The Content. Customer agrees that it will not upload, transmit, or input into the Services and/or Platform Content, which: (a) is unlawful, threatening, abusive, harrying, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or impersonate another person; (b) contains explicit or graphic descriptions or accounts of sexual acts or in any way violate child pornography laws; or (c) contains software viruses or other harmful computer code, files or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
   4. Promotional Actions. If you choose to use the free subscription package offered on our Platform, you agree that when broadcasting using our Platform, an automatic comment containing our website address (https://www.feelthere.live) will be posted to the social networks to which you broadcast. This comment serves to promote our Platform and inform viewers of our Services. In addition, at the beginning and end of your broadcast, a short promotional video will be included. Please note that this video may contain branding and messaging related to our Services. By continuing to use the free package, you acknowledge and agree to these promotional actions. If you have any questions or concerns regarding this Section, please contact us at support@feelthere.live.
5. Intellectual Property Rights
   1. Retention of Rights by Company. All rights not expressly granted to Customer under these Terms are reserved by Company. Company reserves all rights, title and interest to the Services, the Platform and any of their related intellectual property rights. The Terms do not convey to Customer an interest in or to Company's intellectual property rights. Nothing in the Terms constitutes a waiver of Company's Intellectual Property Rights under any law.
   2. Retention of Rights by Customer. Customer retains any and all rights it holds with respect to the Content. Content may be protected by copyright, even if not marked with the © symbol. If Customer is not the owner of the Content, than Customer must obtain authorization from the owner of the Content or the copyright holder in order to use the Content with the Services. For example, Content portraying individuals who are not the Customer or its authorized user should not be used on the Services, unless Customer has obtained express permission from such individual to do so.
   3. Feedback. To the extent Customer provides Company any feedback, comments or suggestions (collectively, "Feedback"), Customer grants Company a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of Company’s current or future products or services. For the sake of clarity, Feedback does not include Customer Data or Customer Confidential Information.
   4. Copyright Policy. Company respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA") and other applicable laws, Company has adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party's copyright and, in appropriate circumstances and in Company’s sole discretion, terminating Account holders or other users of the Services who are deemed to be repeat infringers of a third party's copyrighted work. If Customer believes that anything on the Services infringes any copyright that Customer owns or controls, Customer may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. 512(c)(3), with Company’s designated agent at: support@feelthere.live. To file a notice of infringement with Company, the requirements specified in Title II of the DMCA must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at: https://www.copyright.gov.
6. Indemnification.
   1. By Customer. Customer will indemnify, defend, and hold harmless Company, its affiliates, resellers, employees and agents (the "Company Indemnified Parties") from and against all liabilities, damages, and costs (including reasonable attorneys' fees) arising out of any claim, demand, suit or proceeding by a third party (each a “Claim”) alleging that Customer Data infringes or misappropriates any third party rights, including intellectual property rights or violates applicable law.
   2. By Company. Company will indemnify, defend, and hold harmless Customer, its affiliates, resellers, employees and agents (the "Customer Indemnified Parties") from and against all liabilities, damages, and costs (including reasonable attorneys' fees) arising out of a Claim alleging that the Services and/or Platform infringes or misappropriates any third party rights, including intellectual property rights.
   3. The indemnifying party’s indemnification obligations under this Section 6 are conditioned upon the indemnified party: (a) giving prompt notice of the Claim and request for indemnification to the indemnifying party once the indemnified party becomes aware of the Claim; (b) granting sole control of the defense and settlement of the Claim to the indemnifying party (except that the indemnified party’s prior written approval will be required for any settlement that imposes any liability or obligation other than the payment of money damages for which the indemnifying party has accepted responsibility); and (c) providing reasonable cooperation to the indemnifying party and, at the indemnifying party’s request and expense, assistance in the defense or settlement of the Claim. Notwithstanding any terms to the contrary in these Terms, the failure to give notice and requesting indemnification to the indemnifying party within a reasonable time of the commencement of any Claim under this Section 6 will relieve the indemnifying party of any liability to the indemnified party under this Section 6, only to the extent that such failure materially prejudices the indemnifying party’s ability to defend such Claim.
7. Confidentiality. Confidential Information will not include information that (a) is generally available to the public through no improper action or inaction of the receiving party or its Representatives (as defined below), (b) the receiving party rightfully receives from a third party without restriction on disclosure and without having a reasonable belief that the third party breached a nondisclosure obligation, (c) was known to the receiving party without confidentiality restrictions at the time of its receipt from the disclosing party, or (d) has been independently developed by the receiving party or its Representatives without access to or use of the Confidential Information. Each party agrees (y) that it will not use, or disclose to any third party, any Confidential Information disclosed to it by the other party for any purpose except as expressly permitted in this Agreement, and (z) it will at all times protect and safeguard such Confidential Information from unauthorized access, use or disclosure to others, using at least the same degree of care used to protect its own confidential or proprietary information of like importance, but in any case using no less than a reasonable degree of care. Notwithstanding the foregoing, each party may disclose Confidential Information (i) to its employees, directors, affiliates, advisors, agents, independent contractors and consultants (together, "Representatives") on a need-to-know basis, provided that the receiving party has enforceable agreements or policies with each of such Representatives sufficient to enable compliance by the receiving party with all the provisions of these Terms and requiring such Representative, for the benefit of the disclosing party, to maintain the confidence of the disclosing party's Confidential Information as provided in these Terms, or (ii) in accordance with a judicial or other governmental order or request, provided the receiving party will, if permitted by law, provide the disclosing party reasonable opportunity to seek a protective order, or obtain written assurance from the applicable judicial or governmental entity that will afford the Confidential Information of the other party the highest level of protection afforded under applicable law or regulation. The receiving party will be responsible for any failure by any of its Representatives to comply with any of the terms of this Agreement, and the receiving party agrees, at its sole expense, to restrain its Representatives from the disclosure or use of the disclosing party's Confidential Information to the extent prohibited or unauthorized by this Agreement.
8. Warranties; Disclaimers of Warranties
   1. Mutual. Each party represents and warrants that: (a) it has full corporate power and authority to execute, deliver and perform its obligations under these Terms (including, without limitation, to grant the rights provided herein); (b) it has obtained all permits, licenses, and other authorizations and approvals required for its performance under these Terms and the rights that it grants under these Terms do not violate any contracts to which it is a party; and (c) it will comply with all applicable laws, rules and regulations in the course of performing its obligations under these Terms.
   2. By Company. Company represents and warrants that: (a) Customer’s use of the Services and/or Platform as permitted under these Terms will not infringe the intellectual property rights or any other rights of a third party, (b) Customer’s use of the Services (including any installed software provided as part of the Services) will not subject Customer to any undisclosed clickwrap, browse wrap or third-party terms or conditions. and (c) Company has implemented and will maintain reasonable security measures consistent with generally accepted industry standards and applicable laws (and in no event less strict than those protections it applies to its own data or data it stores for any other customer) to (i) ensure the security, confidentiality and integrity of the Customer Data, (ii) protect against any anticipated threats or hazards to the security or integrity of the Customer Data, and (iii) protect against unauthorized access to, or unauthorized use, modification or disclosure of the Customer Data. Company will notify Customer promptly in the event of an actual or suspected security breach, unauthorized access, misappropriation, or other compromise of the security, confidentiality, or integrity of the Customer Data and, where applicable, promptly take action to prevent any further breach and reasonably cooperate with Customer (at Company’s expense) in any legal action or proceeding to prevent or stop unauthorized use, exploitation, reproduction, or distribution of the Customer Data.
   3. Disclaimer. EXCEPT AS OTHERWISE PROVIDED FOR IN THESE TERMS, THE SERVICES ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS, AND COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY HOSTING PROVIDERS. OTHER THAN AS EXPRESSLY STATED IN THE TERMS COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.
9. Limitation of Liability
   1. EXCEPT AS SET FORTH IN SECTION 9.3, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO CUSTOMER’S USE OR INABILITY TO USE THE SERVICES OR COMPANY’S USE OF CUSTOMER DATA, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   2. EXCEPT AS SET FORTH IN SECTION 9.3, IN NO EVENT WILL EITHER PARTY’S TOTAL LIABILITY TO THE OTHER PARTY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE PLATFORM OR SERVICES OR CUSTOMER DATA EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO THE COMPANY IN THE 12 MONTHS PRECEDING THE EVENT THAT GAVE RISE TO SUCH LIABILITY.
   3. THE EXCLUSIONS AND LIMITS SET FORTH IN SECTION 9.1 AND 9.2 DO NOT APPLY IN THE CASE OF EITHER PARTY’S INDEMNIFICATION OBLIGATIONS OR A PARTY’S GROSS NEGLIGENCE, FRAUD OR OTHER WILLFUL MISCONDUCT OR AS OTHWERWISE PROHIBITED BY LAW.
10. Term and Termination
    1. Term. These Terms commence on the Effective Date and will remain in effect until these Terms are terminated.
    2. Termination. Company may suspend or terminate Customer’s access to the Services if Customer materially breaches these Terms, provided, that Company has first provided Customer with notice and 30 days to cure such material breach. If Customer terminates your Account, Customer Data will be removed from the Service, however, deletion may not be immediate and Company may continue keeping Customer Data in its records for audits and other administrative purposes, subject to the terms and conditions of these Terms.
    3. Survival. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive, including, but not limited to Sections 3.4, 5, 6, 7, 9, 10 and 12.
11. Payment and Invoicing
    1. Payment. Customer will pay Company the fees for its use of the Services as set forth in an order form. Customer will pay the Company for the Services provided within 15 days of the end of the month of the date of Company’s invoice sent to Customer at the email address: support@feelthere.live. Each invoice will contain reasonable detail describing the basis for the invoiced amounts, including a reference to the applicable order form and a description of the Services performed. 
    2. Taxes. Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments under this Agreement. Company may charge and Customer will pay applicable state or local sales or use taxes or other similar transaction taxes that Company is legally obligated to charge (“Taxes”), provided that such Taxes are stated on the original invoice that Company provides to Customer and Company’s invoices state such Taxes separately and meet the requirements for a valid tax invoice. Customer may provide Company with an exemption certificate or equivalent information acceptable to the relevant taxing authority, in which case, Company will not charge and or collect the Taxes covered by such certificate. Throughout the term of this Agreement, Company will provide Customer with any forms, documents, or certifications as may be required for Customer to satisfy any information reporting or withholding tax obligations with respect to any payments under this Agreement.
12. General
    1. Governing Law and Jurisdiction. These Terms are governed by the laws of the State of New York excluding rules as to choice and conflicts of law, and each party hereby consents to the exclusive jurisdiction and venue of the state and federal courts located in New York. Customer and Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
    2. Changes to Terms. Neither party may change or modify the Terms without the consent of the other party, signed and in writing.
    3. Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
    4. Waiver. No waiver by either party of a breach of any of the provisions of these Terms shall be construed as a waiver of any preceding or succeeding breach of any other provisions of these Terms.
    5. Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between Customer and Company.
    6. Entire Agreement. These Terms contain the entire agreement between Company and Customer relating to Customer and its users use of the Services and/or Platform and supersedes any and all prior agreements between Company and Customer in relation to the same. The parties confirm that, in agreeing to accept these Terms, the parties have not relied on any representation except as has expressly been made by the other party in these Terms.
    7. Assignment. Neither party may assign its rights or delegate its obligations under these Terms without the other party’s prior written consent. Notwithstanding the foregoing, these Terms may be assigned by either party to its successor-in-interest in connection with (i) a merger, consolidation or similar corporate transaction or (ii) in a sale of all or substantially all of its assets or sale of the portion of its assets to which these Terms pertain. Any purported assignment contrary to this section will be null and void.
    8. No Third Party Rights. There are no third-party beneficiaries to these Terms. Without limiting this section, users are not third-party beneficiaries to Customer’s rights under these Terms.
    9. Publicity. Neither party will publicize or disclose the existence or terms of this Agreement to any third party without the prior written consent of the other, except as may be required by law. In particular, no press releases will be made and neither Party will use the other party’s name, logos or trademarks in any publicity, advertising or marketing without the other party’s prior written consent.

END USER LICENSE AGREEMENT

This is a legally binding license agreement (the “License Agreement”). Please read it carefully. By clicking "I Agree" or installing or using the FeelThere APP for Android/iOS and any updates to such App (collectively, the "App") provided by FeelThere.LIVE LTD. ("FeelThere"), you agree to these terms.  

1. General Terms
   1. License Grant. Subject to the terms herein, FeelThere hereby grants you a limited, personal, non-exclusive, non-transferable, non-sub-licensable right to install and use the App solely on the device to which the App was downloaded by you from Google Play/the Appstore (the "Device") and only for the purpose of providing you with the services made available thereon. You shall be solely responsible to ensure that the App is properly installed and used. The App is being made available to you in connection with your subscription to the FeelThere platform. The services offered through the App are further subject to the Terms of Service of the FeelThere platform available at https://www.feelthere.live/terms.
   2. Prohibited Uses. Other than the rights explicitly granted in this Agreement, you shall have no other rights, express or implied, in the App. Without limiting the generality of the foregoing, you agree and undertake not to, and not to allow any third party to: (i) sell, lease, sublicense or distribute the App, or any part thereof, or otherwise transfer the App; (ii) reverse engineer, decompile, disassemble, or otherwise reduce to human-perceivable form the App’s source code and or any third party software provided by FeelThere; (iii) modify, revise, enhance, or alter the App; (iv) copy or allow copies of the App to be made, unless expressly permitted herein; (v) represent that you possess any proprietary interest in the App; (vi) use the App in any illegal manner or for unlawful purposes.
   3. Title & Ownership. The App is the property of FeelThere or its licensors and any disclosure or unauthorized use thereof will cause irreparable harm and loss to FeelThere or its licensors. All right, title and interest in and to the App, any derivatives thereof and modifications thereto, including associated intellectual property rights, evidenced by or embodied in or attached/connected/related to the App, are and will remain with FeelThere or its licensors. This Agreement does not convey to you any interest in or to the App, but only a limited right of use in accordance with the terms herein. Nothing in this License Agreement constitutes a waiver of FeelThere's or its licensors’ intellectual property rights under any law.
   4. Third Party.Software. The App may include third party component, which are made available pursuant to different terms than those contained herein.
   5. Other App Users. You undertake to refrain from any attempt to collect information and User Generated Content via the App, including through technological means, operation or assistance to the operation of a computer application or by any other means designed to scan and/or copy and/or retrieve and/or mine information, to refrain from executing and/or causing any change to the App, including to other users’ content.
2. User Generated Content
   1. Any content that You wish to record through the use of devices installed at the Club facilities via the App, including video & audio and your username ("User Generated Content") shall be accompanied by Your username as provided upon your installation of the App.
   2. By creating and sharing User Generated Content through the App, you represent and warrant that there is no legal and/or contractual and/or any other obligation that prevents You from uploading and/or publishing and/or transferring the User Generate Content and that said User Generated Content is not in any breach of any applicable law and is not in breach of any right of any third party, including privacy and data protection rights. Any User-generated Content generated by You shall be under Your sole and exclusive responsibility and the Company will not be responsible in any way for such User Generated Content.
   3. You acknowledge and agree that upon entering the Club facilities you were made aware that the Company's system is installed in the Club facilities and the User Generated Content capturing your image may be generated and shared through the App. You will have no right claim against the Company in connection with User Generated Content generated or shared by any other users of the App at the Club.
   4. You expressly exempt the Company, including its representatives, employees, managers and shareholders acting on its behalf ("Representatives"), from any and all responsibility and/or liability in connection with User Generated Content generated or shared by you through the App.
   5. You hereby undertake to indemnify the Company and/or its Representatives, immediately upon their first request, for any damage, injury, loss, expense, fee, lost profits, lost data, loss of use and damage to goodwill, that they may incur by any claim and/ or demand by a third-party (including the Authorities), including any legal fees, due to violation by You of this EULA, concerning Your activities via the Application. Aforementioned indemnification shall not derogate from any remedy that the Company is entitled to by any applicable law.
   6. The Company may, at its sole discretion, refuse to allow You to share User Generated Content without the need to receive Your consent or provide You with prior notice, if Company suspects a violation and/or risk of violation of the provisions of this EULA, the provisions of the applicable law or the rights of third parties and/or in case of a request by a competent authorities and/or as a result of technical reasons, including technological changes, or due to the request of the receiving party, even if backups of User Generated Content are not saved and stored.
   7. You acknowledge and agree that the Club in which User Generated Content was captured owns all right and title in and to such User Generated Content and the Club grants the Company a perpetual, irrevocable and free of charge license to use and save such User Generated Content.
3. Warranty Disclaimer.
   1. THE APP IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FeelThere AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH THE APP IS TO IMMEDIATELY UNINSTALL THE APP AND CEASE USE OF THE APP. FeelThere DOES NOT REPRESENT OR WARRANT THAT THE APP WILL OPERATE CONTINUOUSLY, UNINTERRUPTED, OR BE ERROR-FREE.
   2. FeelThere SHALL IN NO WAY BE LIABLE TO YOU IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING TO THE APP OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR DEVICE OR YOUR ABILITY TO USE IT, AND FeelThere RESERVES THE RIGHT TO TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS (IF ANY) SAVE THAT FeelThere IS NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK OR SYSTEMS OR SIMILAR SERVICES.
   3. You specifically acknowledge and agree that you are licensing the App from FeelThere in connection with your usage of the FeelThere platform, made available under the FeelThere Terms of Service https://www.feelthere.live/terms.
4. Limitation of Liability. IN NO EVENT SHALL FeelThere’S LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT, EXCEED AN AMOUNT OF $100. IN NO EVENT WILL FeelThere BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT FeelThere HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Term and Termination. FeelThere may terminate this License Agreement at any time without cause without any requirement of notice. In addition, this License Agreement shall terminate immediately and automatically upon any termination or expiration of the Customer's subscription to the Service. Upon any such termination or expiration, the Customer (including you) shall no longer be permitted to use the App, and shall delete all copies of the App in its (including your) possession. Termination of this License Agreement shall not entitle the Customer to any refund, credit, or other compensation from FeelThere under the Terms of Service or any other agreement or from any third party.
6. General. This Agreement constitutes the entire agreement between the parties and may not be modified except by a written agreement signed by FeelThere. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Agreement shall continue in full force and effect. You shall not assign this Agreement without FeelThere’s prior written approval, and any such purported assignment shall be null void. No waiver of any breach shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement shall be governed by and construed in accordance with the laws of the State of California and only the competent courts of California shall have jurisdiction over any dispute arising from this Agreement. Sections and 2, 3, 4 and 5 shall survive the termination of this Agreement.