BY ACCESSING, USING OR REGISTERING FOR DAYTWO SERVICES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

Transcription

1 Terms & Cnditins LAST UPDATED: September 17, 2017 Accepting the Terms and Cnditins f Use. Welcme t DayTw! Please read these terms and cnditins carefully befre using ur website and applicatin r any f the related services, as they cnstitute a legally binding agreement between yu and DayTw Ltd. and its affiliates ('DayTw', 'Us', r 'We'), and check them peridically fr changes. BY ACCESSING, USING OR REGISTERING FOR DAYTWO SERVICES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE. YOU FURTHER AGREE THAT WE MAY COMMUNICATE WITH YOU BY ELECTRONIC MAIL, TEXT MESSAGING OR BY TELEPHONE CALL SUBJECT TO YOUR RIGHT TO OPT OUT OF COMMERCIAL MARKETING MESSAGES. Any use f this website, ur applicatins, r the services available frm time t time n r in cnnectin with ur website r applicatins, including, withut limitatin, rdering and submitting a samples kit fr gut micrbime analysis, using yur nutritin recmmendatins, gut micrbime analysis r any ther infrmatin prvided thrugh yur user accunt (cllectively, the 'Service'), is subject t and cnditined upn assent t and cmpliance with, all f the terms and cnditins belw (the 'Agreement'). By using the Service yu signify yur cnsent t be bund by the agreement and that yu are f legal age and capacity t frm a binding cntract. We may change the terms f this Agreement frm time t time by psting ntice n Our website at r thrugh ur applicatins. Yur cntinued use f the Service shall cnstitute yur cnsent t any changes made. If yu d nt agree t the new terms, yu shuld nt use the Service. 1. SERVICE. As part f the Service we prvide an analysis f Our subscribers' gut micrbime and any ther relevant parameters that may have been tested frm their samples ('Micrbime Analysis'), and nline persnalized nutritin recmmendatins based n ur analysis ('Nutritin Recmmendatins'). Please be aware that Our Services shuld nt be used by yu if yu are: Under the age f 18 Pregnant Treated with insulin Have taken antibitics in the past 3 mnths All infrmatin We prvide is fr self-educatinal and infrmatinal purpses nly. We cannt guarantee any results frm yur use f the Service.

2 Yu use the Service at yur wn risk. N health care is prvided as part f the Service and we are nt a health care rganizatin, health service prvider, dietitians r a medical rganizatin, and the Service des nt cnstitute medical advice, treatment r diagnsis and is nt a substitute fr seeking prfessinal medical advice r services. Our Service has nt been evaluated by any Fd and Drug Administratin (FDA) and is nt intended t diagnse, cure r prevent any disease. Yu shuld nt rely n the Service as a substitute fr qualified medical advice. Access and use f the Service and any cntent r infrmatin made available thrugh the Service is persnalized fr each subscriber and intended nly fr the subscriber's wn persnal use and nly in cmpliance with this Agreement. Prtins f the Service may be subject t ther agreements and plicies which relate t a particular service r activity cnducted thrugh r ffered n the Service, whether such service r activity are prvided by DayTw r nt (including fr example, cnditins f the manufacturers f the samples kit r Cntinuance Glucse Mnitring Device ('CGM') with respect t apprpriate use f the samples kit r CGM as applicable) ('Third Party Cmpnents'). Withut dergating frm sectins 9 thrugh 11 f this Agreement, it is hereby expressly clarified that the use f Third Party Cmpnents is subject t their prviders respective terms and cnditins and cnditined n yur cmpliance with such terms and cnditins. BY USING THE THIRD PARTY SERVICES YOU SIGNIFY YOUR CONSENT (I) THAT SUCH THIRD PARTY COMPONENTS ARE PROVIDED BY US 'AS IS' AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION REGARDING THE RESULTS OF USE OF MISUSE OF SUCH SERVICES AND (II)TO BE BOUND BY SUCH PROVIDERS' TERMS AND CONDITIONS. In circumstances f miscnduct, such as vilatin f the letter r spirit f this Agreement r an infringement f the rights f thers r any applicable laws r regulatins, as determined by Us, We may, in ur sle discretin and withut ntice r liability t yu r any third party, refuse Service r terminate the Service at any time, and may immediately suspend r terminate yur DayTw accunt (if any) and blck any and all current r future access t and use f the Service (r any prtin theref), withut dergating frm any ther right r remedy that we may have by law r therwise. Yu acknwledge that we may, in ur sle discretin and at any time(s), change r discntinue prviding any part f the Service including impsing a fee fr the use f certain services and features, upn ntifying yu t the address assciated with yur DayTw accunt, with a five (5) day advance ntice f such change. Withut dergating frm the generality f the abve, please be aware that certain features made available (whether thrugh the Applicatin r therwise) in any versin f the Services (whether freemium r premium), may be made available

3 n a temprary r limited basis. The Cmpany des nt guarantee the cntinuatin r availability f any features made available and reserves the right t change, alter, limit, blck, discntinue r remve any feature included in the Services, r impse a fee fr the use f a feature (whether previusly made available withut charge r nt). In additin, We may, frm time t time, perfrm maintenance upn the Service resulting in interrupted service, delays r errrs in the Service. We will attempt t prvide prir ntice f scheduled maintenance but cannt guarantee that such ntice will be prvided. Fllwing the terminatin f yur DayTw accunt, subject t the prvisins f the applicable law, We reserve the right t permanently delete yur Micrbime Analysis and Nutritin Plan and have n bligatin t prvide yu with a cpy f such. Althugh we try t make the Service always available t yu, We cannt make any guarantee and will nt be held liable fr any service disruptins, whether temprary r nt. Further, Our Service may change frm time t time and We may stp (permanently r temprarily) prviding sme services r any features within the Service, with r withut prir ntice t yu. 2. Registratin. 1. Wh can register t the services and hw: each user which wuld like t subscribe fr the service will be required t pen a subscriber accunt ('Subscriber Accunt'). In rder t find ut if user is qualified fr use f the Service, the user will be requested t adhere t certain criteria fllwing pening the Subscriber Accunt. Fllwing successful qualificatin, the user will be directed t cntinue with the prcess and subscribe fr Our Service. 2. In additin t the questinnaire and as part f the registratin prcess yu will be requested t prvide certain persnal data, including amng thers name, address, address, telephne number, payment infrmatin and certain health infrmatin (cllectively, Registratin Data ). Yu agree t: Prvide true, accurate, current and cmplete Registratin Data. Maintain and prmptly update the Registratin Data t keep it accurate, current and cmplete. Maintain the security and cnfidentiality f any usernames, passwrds and ther infrmatin used by yu t access the Service. Refrain frm impersnating any persn r entity r misrepresent yur identity r affiliatin with any persn r entity. Immediately ntify Us in writing if yu becme aware f any lss, theft r use by any ther persn r entity f any f yur Registratin Data r any ther breach f security that yu becme aware f invlving r relating t the Service.

4 3. By prviding yur Registratin Data t Us, yu cnsent t Us sending and yu receiving, by means f telephne, text message r , cmmunicatins cntaining cntent f a cmmercial nature relating t the Service. By prviding us with yur mbile telephne number and requesting that we cmmunicate infrmatin t yu by text messaging in the event we ffer such feature as part f the Services. Yu cnsent t receive cmmercial text messages at that number as requested. While we d nt charge a fee fr text messages, yur wireless service carrier may charge standard messaging, data, and ther fees. Yu are respnsible fr these charges. In the event we ffer text messaging service, we will prvide yu with instructins n hw t stp further text messaging. Als, we will prvide yu with the pprtunity t ptut f prmtinal s by prviding an unsubscribe mechanism. Yu may request that we discntinue any prmtinal messages by telephne. Please nte that we may cntinue t cntact yu by telephne r electrnic mail fr matters related t yur accunt r transactins. 3. Risk Factrs relating t the Services. In cnnectin with yur use f the Service, yu acknwledge the fllwing factrs f risk and agree that any use f the Service by yu, including, withut limitatin, any reliance n the Micrbime Analysis, the Nutritin Plan r ther infrmatin prvided thrugh the Service, is made at yur wn discretin after cnsidering such factrs, and that yu will be slely respnsible fr any resulting cnsequences. Nutritin Plan is based n the results f ur analysis f yur micrbime and ther parameters as may be tested frm yur samples. Changes t yur micrbime and ther medical parameters may take place upn changes in yur diet, age and health cnditin and such changes may subsequently require a different Nutritin Plan. Yu may rder and send additinal samples kits r CGM frm time t time t learn f any changes in yur Micrbime Analysis r Nutritin Plan. The Service is nt intended t (i) replace health care services which may be required in rder t treat yur medical cnditin r (ii) therwise be used fr any diagnstic r therapeutic purpses and is nt a substitute fr prfessinal medical advice. Yu shuld always seek the advice f yur physician r ther health care prvider with any questins yu may have regarding diagnsis, cure, treatment, mitigatin, r preventin f any disease r ther medical cnditin r impairment r the status f yur health. Nutritin Plan is fcused nly n bld glucse levels and desn't take int accunt any ther pssible effect ver yur health. We are nt respnsible fr any adverse effect ver any diseases, allergies r ther medical f physical cnditin yu may have r changes f yur weight. Our Nutritin Plan is diverse and cmprehensive, but, naturally, it cannt cntain all pssible fd cmbinatins therefre yu will be able t achieve same nutritinal values frm fd cmbinatins that d nt appear in yur Nutritin Plan.

5 Althugh we aim t make ur labratry analysis prcess and its results as accurate as pssible, mistakes can happen, and ur labratry prcess may result in errrs r inability t prcess yur samples, due t, amng thers, the fllwing reasns: Yur samples d nt meet the requirements fr such prcess, fr example if the amunt f the sample prvided is insufficient, if the samples were damaged during shipment r nt apprpriately stred ('Unqualified Samples'). One f the reasns fr Unqualified Samples may be misuse f the samples kit r CGM, therefre, when using the samples kit r CGM please make sure t fllw the applicable guidelines. Defects r delays caused during the shipment f yur samples t the DayTw labratry. Human errr. Unknwn variables r data related t yur health. It is pssible that we will nt knw whether an errr has ccurred during the labratry prcess and we will be unable t knw whether the results generated by the labratry prcess, including the Micrbime Analysis and the Nutritin Plan as delivered t yu, is inaccurate r flawed. We attempt t make the prcess f rdering and submitting a samples kit and CGM as easy and as secured as pssible. Hwever, damage r lss may be caused t yur samples kit r CGM. Fr example, We use third party service prviders fr the prvisin f the samples kit and CGM t yu and its shipment t Us, and We cannt guarantee their actins r inactins. Micrbime research cnstantly evlves and imprves. While we measure many hundreds f thusands f data pints frm yur micrbime, nly a small percentage f them are knwn t be related t human traits r health cnditins. Future scientific research may change the interpretatin f yur micrbime. In the future, the scientific cmmunity may shw previus research t be incmplete r inaccurate. Infrmatin frm yur Micrbime Analysis is highly sensitive infrmatin relating t yur health cnditin. Yu shuld be advised f any pssible adverse implicatins, legal r therwise, befre chsing t share any such infrmatin with third parties. 4. ACCESS RIGHTS, LICENSE AND OWNERSHIP By accessing ur Services thrugh ur website and applicatin, we grant yu a persnal, revcable, nn-assignable, and nn-exclusive right t access and use the Services and the material prvided thrugh the Services fr yur wn persnal use, prvided that yu fully cmply with the prvisins f these Terms. Our website, applicatins and Services, as well as the underlying platfrms and sftware, are prprietary prperty f DayTw. All trademarks, trade names and lgs appearing n Our website, applicatins and Services, whether registered r nt, are prpriety f their respective wners. DatTw trademarks, slgans, service

6 marks, trade names, and trade dress which appear via the Service are prperty f DayTw. 5. General User Cnduct. In cnnectin with the Service, yu agree (i) t abide by all applicable lcal, state, federal, natinal and internatinal laws and regulatins, (ii) nly make use f infrmatin that yu wn r have a right t use, and (iii) nly act apprpriately. Withut limiting the abve, yu may nt: Allw r facilitate a third party, t vilate r infringe any rights f Us r thers r ur plicies r the peratinal r security mechanisms f the Service. Use Our website, applicatins and Services and any cntent available there thrugh in any way that restricts r inhibits the use f the Service. Yu may nt cpy, decmpile, reverse engineer, disassemble, attempt t derive the surce cde f, mdify, r create derivative wrks f any part f Our Services website and applicatins and/r the underlying sftware and platfrms. Alter, delete, frge, frame, publicly display, publicly perfrm, rent, sell, lend, redistribute, sublicense, hyper-link, create derivative wrks r therwise interfere with r in any manner disrupt, circumvent, r cmprmise, any part f Our Service, website and applicatins and/r the underlying sftware and platfrms (including withut limitatin trademarks, service marks and lgs cntained therein ('Marks') but excluding cntent prvide entirely by yu). Access r attempt t access any f ur systems, prgrams r data that are nt made available fr public use, r attempt t bypass any registratin prcesses n the Service r any f the Service's security and traffic management devices. Use any rbt, spider, ther autmated device r any tl-bar, webbar, ther web-client, device, sftware, rutine r manual prcess, t access the Service, submit cntent, r mnitr r scrap infrmatin frm the Service. attempt t gain unauthrized access t the Services, website and applicatins and/r the underlying sftware and platfrms, r any part f them, ther accunts, cmputer systems r netwrks cnnected t the Services, thrugh hacking r any ther means r interfere, r attempt t interfere with the prper wrking f the Services r any activities cnducted via the Services by any means, including uplading r therwise disseminating viruses, wrms, r ther malicius cde. use the Services fr any ther purpse than yur wn nn cmmercial, persnal use. We cannt and d nt assure that ther users f the Service are r will be cmplying with this Agreement, and, as between us, yu assume all risk f harm r injury resulting frm any such lack f cmpliance.

7 6. User Representatins. As a cnditin t yur use f the Service (either directly r via thers), yu warrant and represent that : Yu are at least eighteen (18) years f age and yu are nt precluded frm using the Services due t a health r physical cnditin (including withut limitatin fr reasns set frth in Sectin 1 abve). Yu have all necessary right, pwer and authrity t enter int and perfrm under this Agreement. Yu are entirely respnsible fr all yur activity in cnnectin with the Service. Yu understand that infrmatin yu learn frm Us is nt designed t diagnse, prevent, r treat any cnditin r disease but rather intended t supprt nutritinal changes that may nrmalize Our subscribers' bld glucse levels. Yu acknwledge that We urge yu t seek the advice f yur physician r ther health care prvider if yu have questins r cncerns arising frm yur Micrbime Analysis r Nutritin Plan. Yu guarantee that any samples yu prvide is yur wn and that yu will nt prvide any samples f any ther persn unless yu have legal authrizatin frm such persn t d s. Waiver f Prperty Rights: Yu understand that by participating in the Service, including prviding any samples, having yur micrbime infrmatin and ther medical parameters prcessed, accessing yur Micrbime Analysis r prviding Registratin Data, yu acquire n rights in any research r cmmercial prducts that may be develped by Us r ur cllabrating partners. Yu specifically understand that yu will nt receive cmpensatin fr any research r cmmercial prducts that include r result frm yur participatin in the Service. 7. Privacy Plicy. Yur infrmatin, including amng thers yur Micrbime Analysis and Nutritin Plan, is subject t ur Privacy Plicy at By accessing this Service, yu represent that yu are subject either t US privacy regulatin r Israeli privacy regulatin and cnsent t the cllectin and use f infrmatin as described in ur Privacy Plicy, as may be amended by Us frm time t time. 8. Prprietary Rights. Any cntent prvided thrugh the Service (but excluding, fr remval f dubt any user persnally identifiable infrmatin), including withut limitatin the Marks, are prtected by cpyrights, trademarks, service marks, patents r ther prprietary rights, bth with respect t any cntent and as a cllective wrk r cmpilatin, pursuant t laws and internatinal cnventins. Any rights t such cntent r the Service nt expressly granted herein are reserved. We make n claim f wnership as t the trademarks f any third party linked r displayed n the Service, r with respect t any publisher r publicatin mentined n the Service.

8 9. User Feedback We welcme any feedback r cmments frm yu. Hwever, please nte in this regard that any ideas, feedback r suggestins pertaining t ur business and services, such as ideas fr new r imprved prducts, technlgies, website r tl enhancements, prcesses, materials, marketing plans r new prduct names, will autmatically upn submissin becme the prperty f DayTw, withut any cmpensatin t yu. While under n bligatin t review such submissins r t keep such submissins cnfidential, DayTw may use r redistribute any such submissin and its cntents fr any purpse and in any way it deems. 10. Links t Other Websites and Applicatins and Services The Service may cntain links and references t certain health care infrmatin, pinins etc.' r t websites, applicatins r services f thers including withut limitatin dietitian services (the 'Third Party Infrmatin'). We may, frm time t time, at ur sle discretin, add r remve Third Party Infrmatin. Such Third Party Infrmatin is prvided slely as a cnvenience t yu, and access t any such infrmatin and use f any third party prduct r service is at yur wn risk. We encurage yu t be aware when yu leave the Service, and t read the terms and cnditins and privacy plicy f each ther website and applicatins that yu visit. We d nt review, apprve, mnitr, endrse, warrant, r make any representatins with respect t such Third Party Infrmatin, services r prducts. In n event will We be respnsible fr the infrmatin cntained in, transmissins received frm, r yur use f r inability t use, such websites r applicatins, r their practices. 11. Disclaimers f all Warranties. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. CERTAIN FEATURES OF THE SERVICE ARE UNDERGONGOING EVALUATION, DEVELOPMENT AND TESTING AND SHOULD BE TREATED AS BETA VERSION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE ABOVE, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO (I) THE SERVICE MEETING YOUR REQUIREMENTS, OR BEING UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR FREE; (II) WHETHER YOUR USE OF THE SERVICE OR THE CONTENT WILL GENERATE ANY RESULTS OR CONSEQUENCES, NOR IN TERMS OF THE CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE, OR IN CONNECTION WITH SUBMISSIONS OR PREVENTTION OF UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT; OR (III) YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION.

9 YOUR USE OF THE SERVICE AND ANY ACTION OR INACTION BY USERS OF THE SERVICE (WHETHER IN RELIANCE OF THE MICROBIOME ANALYSIS, THE NUTRITION PLAN OR OTHERWISE), ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES. 12. Limitatin f Liability TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, MEDICAL CONDITION, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THE SERVICE OR ANY THIRD PARTY COMPONENTS, INCLUDING, WITHOUT LIMITATION, INACCURACIES OR ERRORS OF IN THE ANALYSIS REPORT, NUTRITION PLAN OR OTHER INFORMATION PROVIDED AS PART OF THE SERVICE, (II) IN CONNECTION WITH THE SERVICE'S FACTORS OF RISK OR THE REALIZATION THEREOF (III) THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (IV) REPRESENTATIONS, WARRANTIES, ACTIONS OR INACTIONS OF ANY USER OR OTHERS (WHETHER OR NOT PROVIDED AS A RESULT OF THE SERVICE); IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. All f the abve limitatins shall apply ntwithstanding any failure f essential purpse f any limited remedy and are fundamental elements f the bargain between Us and yu. In n event shall ur liability t yu exceed the amunt f fees Yu paid t Us within twelve (12) mnths prir t a claim. 13. Limitatin f Claims. Any claim r cause f actin arising ut f r related t use f the Service r t the Agreement must be filed within ne (1) year after such claim r cause f actin arse, r be frever barred. 14. Indemnificatin. YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY S FEES, RELATED IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THE SERVICE, THE MICROBIOME ANALYSIS OR THE NUTRITION PLAN, INCLUDING WITHOUT LIMITATION ur actins r missins while prviding THE services (EXCEPT FOR OUR BREACH OF THE AGREEMENT AS A RESULT OF WILLFULL MISCONDUCT OR FRAUD ON OUR PART); (II) YOUR CONTENT,

10 PERSONAL INFORMATION AND REGISTRATION DATA; (III) ANY BREACH OF, OR DEFAULT IN, THIS AGREEMENT BY YOU; (IV) ANY ACT OR OMISSION OF YOU, WHETHER OR NOT ILLEGAL, NEGLIGENT, RECKLESS, OFFENSIVE, UNAUTHORIZED OR UNPROFESSIONAL; (V) ANY DEFECTIVE, CONTAMINATED OR MALICIOUS DEVICE OR SOFTWARE, INCLUDING WITHOUT LIMITATION VIRUSES, INTENTIONALLY OR NEGLIGENTLY DISSEMINATED BY YOU OR ORIGINATING FROM YOUR EQUIPMENT OR NETWORK; (VI) YOUR DAYTWO ACCOUNT, BY YOU OR BY ANY ONE ACCESSING YOUR ACCOUNT WITH OR WITHOUT YOUR CONSENT. We will prvide yu with written ntice f such claim, suit r actin. Yu will nt enter int any settlement r cmprmise f any such claim withut Our prir written cnsent. We reserve the right, in ur sle discretin, t assume the exclusive defense and cntrl f any matter subject t indemnificatin by yu. In all events, yu shall cperate fully in the defense f any claim. 15. Gverning Law and Exclusive Curts. This Agreement will be gverned by laws f the State f Israel withut regard t its chice f law r cnflicts f law principles. Yu and Us cnsent t the exclusive jurisdictin and venue in the curts in Tel Aviv, Israel, except that temprary relief t enjin infringement f intellectual prperty rights may be sught in any curt. 16. Infringement Ntices and Takedwn. If yu believe that any material cntained n the Service infringes yur cpyright, please reprt this t us. We will investigate any reprt in accrdance with the terms f Our Cpyright and Cntent Plicy ( Cntent Plicy ) at General. This Agreement and ur Privacy Plicy, ur Cntent Plicy and ther plicies as may frm time t time be psted thrugh the Service, cmprise the entire agreement between yu and Us, and state ur and ur suppliers' entire liability and yur exclusive remedy with respect t the Service, and supersede all prir agreements pertaining t the subject matters. If any prvisin f this Agreement is held t be cntrary t law, such prvisin shall be cnstrued, as nearly as pssible, t reflect the riginal prvisin and the ther prvisins remain in full frce and effect. The sectin titles in this Agreement are slely used fr cnvenience and have n legal r cntractual significance. N prvisin f the Agreement shall be cnstrued against Us but rather shall be cnstrued in a neutral and fair manner as terms entered int by a fully-infrmed party n a vluntary basis after pprtunity t cnfer with advisrs and legal cunsel abut the meaning and effects f the terms f this Agreement. Yu agree t pay all csts and expenses (including reasnable attrneys' fees) that we may incur in rder t cllect any amunts that yu we under this Agreement. N waiver f any term f this the Agreement shall be deemed a further r cntinuing waiver f such term r any ther term, and any failure t assert any right r prvisin under the Agreement shall nt cnstitute a waiver f such term. Our suppliers are third-party beneficiaries f this Agreement. This Agreement, and any rights granted hereunder, may nt be transferred r

11 assigned by yu, but may be assigned by Us t a successr f all r substantially all f Our business r assets. Cpyright 2016, DayTw Ltd. All rights reserved.