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BONNY WELL LIMITED.

TERMS OF USE

We, BONNY WELL LIMITED. (“ Company ”, “ we ”, “ us ”, or “ our ”), provide you with these Terms of Use (“ Terms ”) and our Privacy Policy, incorporated herein by reference, as the legally binding and enforceable agreement between you, the user of our Services (as defined hereunder) (“ user “, “ you “or “ your “), and the Company.

BY DOWNLOADING AND USING OUR APPS, YOU HEREBY REPRESENT AND WARRANT YOU HAVE READ, UNDERSTOOD, AND YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR ANY PART THEREOF, YOU SHOULD CEASE ALL USE OF THE APPS AND SERVICES.

CONTACT DETAILS

If you have any questions regarding these Terms, you may contact us:

SHLAV HABA Ltd.,

Mail : 90 Hasharon EVEN YEHUDA, 4051275 Israel

Email :  [email protected]      

GOVERNING LAW

These Terms are subject to the laws of the State of Israel, without regard to its conflict of law principles. Any disputes, claims, or controversies arising from or related to these Terms, including the use of the Apps and Services, shall be exclusively settled in the competent courts of Tel Aviv, Israel. Claims connected to the App and Services must be filed within twelve (12) months from the date the claim arises; claims not filed within this period will be irrevocably waived.

THE SERVICES AND APP STORE TERMS

The Company provides users with a diverse range of applications (" Apps ") for installation on Android mobile devices through the Google Play Store marketplace (" App Store "). Our Apps encompass a variety of features, including but not limited to images, utilities, options to change device wallpapers, weather functionalities, launcher services, and tools, which together with the Apps are referred to as the "Services."Your engagement with the Apps is governed by all relevant agreements, terms of use, and policies in accordance with App Store regulations.

Included within the Services is the ability to make in-app purchases (" IAP ") for services and special features intended to enhance your experience. All IAP transactions are conducted through the App Store, thus falling under the purview of its policies, including those regarding refunds.

By using our Apps, you acknowledge and accept that their availability is contingent upon the third-party platform from which you downloaded or installed them. Furthermore, your license to use the Apps and your continued usage are conditional upon your adherence to all related agreements, terms of use or service, and any other policies set by the relevant App Store.

INTELLECTUAL PROPERTY AND LICENSE

Under the conditions specified herein, the Company provides you with a revocable, limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable license for personal, non-commercial use. This license allows you to access the Apps and utilize the Services strictly for the purposes outlined in these Terms. All rights, titles, and interests in the Services, including copyrights, trademarks, images, logos, product names, and trade names, are retained by the Company to the maximum extent permitted by law. Any rights not explicitly granted in these Terms remain reserved by the Company.

The Company reserves the right, at its sole discretion and in accordance with these Terms, to modify the features, settings, pricing, or other aspects of the Apps. It may also update, enhance, remove, replace, or make any changes to the Apps, or temporarily or permanently discontinue any of its features or functionalities, with or without prior notice to you, without any liability. The availability and functionality of the Services depend on the presence and consistency of an internet connection. As such, interruptions or the absence of connectivity may impede the usage of the Services.

RESTRICTIONS OF USE

The Services are intended solely for your personal and non-commercial use. By using the Services, you agree not to directly or indirectly:

  • Copy, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent, or hack the Services, attempt to derive their source code, gain unauthorized access to the Services or its related systems, or interfere with any security-related features or operations;
  • Reproduce, create derivative works from, distribute, publicly perform, or display the Services without our explicit prior written consent, except as allowed under applicable law or these Terms;
  • Engage in any commercial exploitation of the Services;
  • Use the Services for any fraudulent activities or in violation of any laws;
  • Use the Services in a manner that breaches any term of these Terms;
  • Claim any proprietary rights over the content, materials, or any elements, derivatives, adaptations, variations, or names of the Services, nor remove, obscure, or alter any proprietary rights notices or disclaimers;
  • Use our name, logo, or trademarks without our express prior written permission.

We reserve the right to investigate any potential violation of these Terms and to report such activities to law enforcement authorities as deemed necessary. We also retain the authority to block access to any user who we suspect has violated or is likely to violate these Terms. Furthermore, we may restrict or terminate use of our Services at our sole discretion, for any or no reason.

AGE LIMITATION

You hereby represent that you are at least 16 years old and eligible to enter these Terms under the applicable laws and regulations in your jurisdiction and that you are not prohibited by any authorized authority, judicial order, or law to enter into any Terms.

THIRD-PARTY ADS &SUBSCRIPTION

The Services may contain links to third-party websites or resources and advertisements for third parties 'services ( Third-Party Ads ”). Such Third-Party Ads shall be subject to separate terms of use and policies provided by the third-parties, and therefore we shall not be liable or responsible for your reliance on those Third-Party Ads, and the acts of any of those Third-Party Ads. We do not review, approve, monitor, endorse, warrant, or make any representations concerning Third-Party Ads.

In certain Apps you may choose to subscribe to our premium subscription plan, which may enable you to use the Apps free of Third-Party Ads, subject to a weekly, monthly or yearly payment (" Subscription "). The Subscription is automatically renewed unless you terminate or cancel it in advance, subject to the applicable plan terms. The payment for the Subscription is processed subject to the App Store payment terms: Google Pay ’s Terms of Service .

You may cancel your Subscription at any time through the App Store. Whenever you choose to cancel your Subscription, your access to the App free of any Third-Party Ads will continue until the end of your billing period, as applicable, and expire thereafter. To the extent permitted by applicable law, any fees paid for your purchase of a subscription plan are non-refundable, and we do not provide refunds for any partial subscriptions.

REPRESENTATIONS AND WARRANTIES

By using our Services, you affirm and guarantee that:

  1. You assume full responsibility and liability for any downloads, usage, or access of our Services;
  2. The information you provide through the Services is both truthful and accurate;
  3. You will not modify, alter, edit, or bypass any features of the Services, nor will you circumvent, interfere with, or disable its security features or impair its performance in any manner;
  4. You will not access the Services through any malicious means, automated or otherwise non-human, such as bots, scripts, or similar methods;
  5. You will not copy, sell, lease, sublicense, share, or distribute the Services or the license granted to you, nor will you exploit the Services commercially in any form;
  6. You will refrain from adapting, disassembling, translating, decompiling, reverse engineering, copying, circumventing, or hacking the Services, or attempting to derive its source code;
  7. The Services will not contain content that infringes on the intellectual property rights of others or includes illegal or harmful content, such as gambling, illicit drugs, alcohol, medicine, sexual content, violent content, hate speech, etc.;
  8. You will not claim any proprietary rights in or to the Services, including any of its features or content, nor will you remove, obscure, or alter any proprietary rights notices; and
  9. You will not use the Services for any illegal or unauthorized purposes, ensuring your use complies with all relevant laws, regulations, these Terms, and applicable policies.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE APP, THE SERVICES, AND ANY OF THEIR CONTENT OR FEATURES, ARE PROVIDED “AS IS ”, “AS AVAILABLE ”, AND “WITH ALL FAULTS ”, AND ARE USED ONLY AT YOUR OWN RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WE MAKE NO GUARANTEES THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE INFORMATION CONTAINED IN THE SERVICES ACCURATE, COMPREHENSIVE, RELIABLE, COMPLETE, CURRENT, OR APPLICABLE TO YOUR NEEDS IN ALL RESPECTS AT ALL TIMES;  OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR WILL PROVIDE ANY BENEFIT.

DISCLAIMER

We disclaim all warranties, express or implied, of any kind, regarding the Services (including any content, information, software, links, advertisement, deep linking), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above-implied warranties to apply to you, the above exclusions will apply to the fullest extent permitted by applicable law.

THE USE OF THE SERVICES IS AT THE USER ’S SOLE  DISCRETION AND RISK. IN NO EVENT SHALL WE (OR OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT MAY BE CAUSED. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID THE COMPANY FOR THE SERVICES.

TERM AND TERMINATION

You have the option to end your agreement to these Terms and discontinue using the Services at any point by simply ceasing to use the App. Similarly, we reserve the right to terminate these Terms and your access to the Services, in whole or in part, at any moment, for any reason or no reason at all, and without prior notice, effective immediately. Such termination could lead to the erasure of all information related to your usage of the App and Services.

We also retain the right to alter, suspend, or cease any aspect of the Services at any time, without notifying you and without bearing any liability for these actions, except as explicitly required by law. In instances where applicable laws necessitate, we will endeavor to notify you about any significant changes to the Services that could materially impact your use.

Following the termination or expiration of these Terms, all granted rights and licenses will cease immediately, and you must stop using the App and Services. Any provisions of these Terms that, by their nature, are intended to continue beyond termination will remain in effect post-termination or expiration for any reason.

MISCELLANEOUS

These Terms constitute the entire understanding between the parties concerning the use of the Services . If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any right or obligation herein. We reserve the right to assign or transfer these Terms and to delegate any of our obligations hereunder at our sole discretion. Our failure to act concerning a breach by you or others does not waive our right to act concerning subsequent or similar breaches .

UPDATES

We reserve the right, at our discretion, to revise or update these Terms at any time. Such amendments shall be effective 30 days from the publication of the amended Terms. The date of the last revision will be reflected in the “Last Updated ”  footer hereunder. Your continued use of the Services thereafter constitutes your consent to such changes, and you agree to be bound by them.   We will provide you with written notification by applicable communication means, in the event of any material changes to these Terms or the Services.

[Last Updated: February 12, 2024]

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