TERMS OF SERVICE

TERMS OF SERVICE

Last Updated: September 3rd, 2020

Strain Ltd. is pleased to present Leema, a unique platform which harnesses crowed wisdom and power of technology to assist you to optimize your use of cannabis products by allowing you to document your daily use of cannabis and the influence, and process your documentation in Strain’s smart systems in order to generate useful advices and offers for your benefit. 

These Terms of Service (“Terms”) govern the access or use by you of Leema’s website and mobile application or any other software by Strain (the “App”) and other products and services (collectively with the App, the “Services”) provided by Strain Ltd. (“Strain”, “we,” “us” or “our”). 

Unless otherwise agreed in writing, these Terms determine your relationship with us, supersede any prior agreements and constitute the entire agreement between you and Strain. By downloading and using our Services, you are agreeing to these Terms, and thus establishing a contractual relationship between you and Strain. THEREFORE PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. 

THE SERVICES ARE DESIGNATED FOR USE ONLY WITHIN THE TERITTORY OF THE STATE OF ISRAEL, AND SOLELY FOR USERS WHO ARE LEGALLY PERMITTED TO CONSUME CANNABIS AND ITS RESPECTIVE PRODUCTS.  

IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, OR IF YOU DO NOT HAVE THE LEGALY AUTHORZIED TO USE CANNABIS OR IF YOU ARE NOT WITHIN THE BOUNDRIES OF THE STATE OF ISRAEL – DO NOT ACCESS OR OTHERWISE USE OUR SERVICES OR ANY INFORMATION CONTAINED HEREIN. 

Our privacy policy (the “Privacy Policy”), which is incorporated by reference into these Terms, explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Strain may use such data in accordance with its Privacy Policy. To learn more about our privacy practices and the ways in which we treat your personal information as a user of our Services, please read our Privacy Policy at: https://www.leema.ai/privacy-policy/ 

By using the Services, you agree to receive e-mails containing educational and promotional information, as well as information with respect to Strain’s normal business operation of your use of the Services. You may at all times opt-out from receiving educational and promotional emails by contacting us through the contact details provided herein. 

1. USE OF THE SERVICES

You must be an individual, at least 18 years old to download the App and use our Services. By using our Services, you warrant that you are 18 years or older and understand your obligations under these Terms. 

When you download the App onto your smartphone and open an account, you will be required to provide us with certain details, as more specifically explained in our Privacy Policy. You agree to keep these details accurate, complete and up-to-date. Your failure to maintain accurate, complete and up-to-date details may result in your inability to use the Services or Strain's termination of this agreement with you. You are fully responsible for all activity that occurs through your account or on your device.

In order to use the Services, you must have access to the internet or a wireless network, and you agree to bear all fees associated with such access. 

You agree to comply with, and your license to use the Services is conditioned upon your compliance with, all applicable laws, regulations, legal order and all applicable third-party terms of use and agreements (e.g., Google Play’s or App Store’s terms and policies, as applicable), and you may only use the Services for lawful purposes.

2. LICENSE TO USE OUR SERVICES

Subject to your compliance with these Terms, you may download the App onto your smartphone and access our Services. 

Any software provided to you is licensed, not sold. You have the right to use the App solely for the purpose of accessing the Services, and subject to the conditions and limitations set out in these Terms. The license only authorizes use of one copy of the App on your device. 

We reserve all other rights to the Services, and you have no right to, and you may not, make any use that has not been specifically authorized herein, including without limitation: sublicense, copy, transfer, modify or make derivative works of the Services. 

Unless we approve to you otherwise in writing, the software license ends when your use of the Services ends. You must then promptly uninstall the App, and we may remotely disable it. You must not work around any technical limitations in the software.

3. OUR PROPRIETARY RIGHTS

As between Strain and you, Strain or its licensors own and reserve all rights, title and interests in and to the Services, Strain Works (as defined in section 4 below) and all hardware, software and other items used to provide the Services, other than the rights explicitly granted to you to use the Services in accordance with these Terms. 

No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Strain. In the event that you provide comments, suggestions or recommendations to Strain in connection with the Services (including, without limitation, regarding modifications, enhancements, improvements or other changes to the Services) (collectively, “Feedback”), you hereby grant Strain a world-wide, royalty-free, irrevocable, perpetual license to use and otherwise incorporate into its Services any Feedback provided.

You may not (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, distribute, sell or lease any part of the Services; or (iii) reverse engineer or attempt to extract the source code of any Services we provide, unless you have Strain’s prior written permission to do so.

4. YOUR CONTENT

The Services involve monitoring of information that is received from your smartphone as well as information you may provide voluntarily (“User Content”). You will retain ownership of all of your User Content. However, by providing us with the User Content, you grant Strain, subject to our Privacy Policy, a non-exclusive, worldwide, transferrable, sub-licensable, royalty-free license to process your User Content, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. 

In addition, Strain may – after pseudonymizing or anonymizing your User Content – copy, modify or create derivative works of your User Content (“Strain Works”) for its business purposes, and the purposes described in the Privacy Policy, including, without limitation, the development of algorithms and for research purposes, including medical research. By accepting these Terms you hereby grant Strain a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to include and use, in any way, your User Content in Strain Works, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that neither the User Content nor your submission, uploading or otherwise making available of such User Content or Strain's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's rights, including intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

You undertake to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive, as determined by Strain in its sole discretion, whether or not such material may be protected by any applicable law. Although we are not required to do so, we may monitor, review and delete User Content at any time, and at our sole discretion.

5. UPDATES, SUSPENSION AND TERMINATION OF THE SERVICES

Strain reserves the right, at its sole discretion, to make any necessary unscheduled changes, updates or enhancements to the Services at any time, and the App may be updated automatically on your device once a new version or feature is available. 

We may add, remove or alter functionalities or features, and we also reserve the right to suspend or terminate your access to any or all of the Services at any time at our sole discretion, with or without cause or notice, and without incurring liability of any kind. 

For example, we may suspend or terminate your access to, or use of, the Services due to: (a) an actual or suspected violation of these Terms; (b) use of the Services in a manner that may cause Strain to incur legal liability or disrupt others' use of the Services; (c) the suspicion or detection of any malicious code, virus or other compromise of the security of the Services by you; (d) scheduled or recurring downtime; or (e) unplanned technical problems and maintenance.

If, in our determination, the suspension might be indefinite or we have elected to terminate your access to any or all of the Services, you may no longer have access to the User Content. Nevertheless, where reasonably possible, we will provide you with reasonable advance notice and a chance to extract your data stored through our Services.

6. THIRD PARTIES' LINKS, WEBSITES, AND SERVICES

The Services may integrate with, or contain links, to third party websites, applications, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We have no control over these websites, applications or services, and assume no responsibility or liability for the content, privacy policies, or practices of any third party websites, applications or services. In addition, we will not and cannot censor or edit the content of any third-party.

If you access any third party's website, service, or content from our Services, you do so at your own risk. By using the Services, you expressly release Strain (and its owners, employees, agents, affiliates, and/or licensors) from any and all liability arising from your use of any third-party website, information, materials, products, or services. Accordingly, we encourage you to be cautious and to read the terms and conditions and privacy policy of each other website that you visit.

7. NO WARRANTIES

STRAIN PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STRAIN MAKES NO – AND SPECIFICALLY DISCLAIMS ALL – REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICES: WILL BE ERROR-FREE OR FREE OF HARMFUL COMPONENTS; THAT THE SERVICES ARE AN ALTERNATIVE FOR MEDICAL CONSULTATION OR MAY REPLACE MEDICAL OR PHARMACEUTICAL  ADVICE; BRING RELIEF OR  CONSTITUTE A REPLACEMENT FOR MEDICAL TREATMENT; THAT THE DATA YOU PROVIDE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE INFORMATION PROVIDED UNDER THE SERVICES IS NOT INTENDED TO REPLACE MEDICAL INSPECTION, TREATMENT, SUPERVISION OR ANY MEDICAL PROCEDURE OF ANY KIND.

YOU AGREE THAT WHEN USING STRAIN SERVICES, YOU MAY FIND THAT ACTUAL CONDITIONS DIFFER FROM THE INFORMATION PROVIDED TO YOU IN THE SERVICES, OR THAT THE SUGGESTIONS AND OFFERS OR ANY OTHER REPRESENTATIONS AND INFORMATION DELIVERED TO YOU IN THE COURSE OF YOUR USE OF THE SERVICES BY STRAIN (OR ANY THIRD PARTY) ACTUALLY MEET YOUR NEEDS OR WILL MAKE YOU FEEL BETTER. 

THEREFORE WE STRONGLY ENCOURAGE YOU TO EXERCISE YOUR INDEPENDENT JUDGEMENT AND DISCRETION IN EACH CASE. 

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STRAIN, ITS OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, PROFITS OR REVENUE), HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF STRAIN HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF STRAIN, ITS OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF USD 100 OR THE AMOUNT YOU ACTUALLY PAID STRAIN, IF ANY, IN THE 12 MONTHS PRECEDING THE PURPORTED DAMAGES. THE LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF WHETHER THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT, THIS LIMITATION WILL NOT APPLY TO YOU SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

9. INDEMNIFICATION

To the extent permitted by law, you will defend, indemnify and hold Strain, its officers, employees, agents or suppliers harmless from any and all claims, demands, losses, liabilities and expenses (including costs and attorneys' fees) made by any third party due to or arising out of (i) your use of the Services, (ii) your violation of these Terms, or (iii) your violation of any applicable law or the rights of any third party including without limitation any copyright, property, publicity or privacy right. Strain reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Strain, and you agree to cooperate with our defense of such claims. 

You agree not to settle any such claim without Strain's prior written consent. Strain will use reasonable efforts to notify you of any such claim or demand that is subject to your indemnification obligation.

The foregoing indemnification undertakings will survive any termination of these Terms or termination of your use of the Services

10. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the State of Israel, without giving effect to any conflict or choice of law provisions. 

You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Israel, with respect to this Terms or your use of the Services, and hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.

The above notwithstanding, Strain may seek injunctive relief to preserve its rights or to enjoin a violation of these Terms, in any relevant jurisdiction.

11. WAIVER & SEVERABILITY

If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason by a court of competent jurisdiction, the provision shall be modified to the extent necessary to make it enforceable while, to the maximum extent possible, reflecting the intent of the parties, and, in any event, shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12. ASSIGNMENT & TRANSFER

We may assign, transfer or otherwise dispose of our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Services without our written permission.

13. CHANGES TO THESE TERMS

We may, at our discretion, change, revise or modify these Terms from time to time, and any such revision or modification shall take effect upon the posting of the modified or revised Terms. 

You are solely responsible for checking the Terms for updates or changes, and we recommend you do so on an ongoing basis to ensure that you agree with its updated terms. You can easily discern if any changes have been made in the Terms by checking the “Last Updated” date at the top of the Terms.

Your continued use of our Services following the posting of changes to this Terms or receipt of notice, whichever occurs first, means that you accept those changes. If you do not agree with our changes to the Terms, you may not continue to use our Service and you are required to remove the App from our device.

If we make any material changes to these Terms, we will notify you and require your explicit consent before you will be able to continue to use the Services.

14. CONTACT US
If you have any questions about these Terms, please contact us at [email protected].