GRAMSS App Terms of Use

Last Revised: October 24, 2019

GRAMSS CANNABIS LTD. (“Gramss“, “Company”, “we“, “our” or “us“) welcomes you (the “User(s)”, or “you”) to our mobile application known as “GRAMSS” (the “App“). Each of the Users of our App may use it only in accordance with the terms and conditions hereunder. Our App allows Users to receive information about cannabis consumption for medical and other purposes, in a user-friendly manner.

  1. Acceptance of the Terms

By entering, connecting to, accessing or using the App and/or by installing and/or downloading the App on your mobile device, you acknowledge that you have read and understood the following terms of use, including the terms of our privacy policy available at: [link to PP] (the “Privacy Policy“), you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of our App and you acknowledge that these terms constitute a binding and enforceable legal contract between the Company and you (collectively, the “Terms“). IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU DO NOT POSSES THE LEGAL CAPACITY TO ENTER INTO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE OUR APP IN ANY MANNER AND PLEASE UNINSTALL THE APP.

IMPORTANT:

 

General Disclaimers: (A) the consumption or use of cannabis, whether for medical or other purposes, may have substantial effects on your health. It may also be illegal in the territory in which you reside. It is solely your responsibility to abide by the laws and regulations of your territory concerning the consumption and use of cannabis and to seek professional medical advice in connection with your cannabis consumption. We do not encourage or endorse any illegal or immoral activities. (B) our App allows you to search for cannabis strains that you may find useful for your Purpose (as defined below), however we do not guarantee that our input or recommendations will be accurate, useful, or that you will be able to fulfill the Purpose with the use of any particular cannabis strain. (C) we do not sell cannabis and we do not facilitate any purchases of cannabis. (D) the information we display on the App or in your Account (as defined below) is generated on your input and the input of other users. It does not constitute, or is intended to replace, any medical or other professional advice.  

 

If you are a representative of an organization and wish to use our App for commercial purposes, your organization is required to execute a separate legal agreement with us (for such purpose, please email us to info@gramss.app).

 

If you are a private person, you hereby confirm that you possess the legal capacity to enter into these Terms and to use the App. Note that in certain territories you will have to be older than twenty one (21) years old in order to use the App. It is your sole responsibility to determine whether you have the said sufficient legal capacity. Without derogating from the foregoing, we reserve the right to remove your Account or block your use of the App in the event it comes to our attention that you fail to meet the above requirements.

  1. Our App

Our App offers, inter alia, services which allow you to (i) build a cannabis consumer profile with relevant information regarding your physical parameters (such as sex, age, weight, height, blood type, etc.) (the “Profile”) and the purpose for which you would like to use cannabis (e.g. medical or other personal purposes) (the  “Purpose”); (ii) search information about cannabis strains that may suit your Profile and Purpose; and (iii) track the history of your cannabis consumption. The Company may add or remove certain services or features from the App from time to time at its sole discretion, and without any liability to you.

 

The Company reserves the right to charge fees (monthly subscriptions or otherwise) for the use of certain services on the App. A notice of paid services will appear upon the download of the App (or the applicable update) or will otherwise be communicated to you (by email or via your Account).

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE APP ARE RESERVED TO THE COMPANY OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE APP AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY AND ITS REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS, COST OR EXPENSE INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP AND/OR THE CONTENT AVAILABLE THEREIN.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RELATED TO YOUR USE OF THE APP, ANY DECISIONS MADE BASED ON THE INFORMATION FOUND ON THE APP (INCLUDING IN YOUR ACCOUNT). 

 

YOUR USE OF THE APP, AND ANY CONSUMPTION OF CANNABIS PRODUCTS, ARE ENTIRELY AT YOUR OWN RISK.

 

THE INFORMATION PROVIDED TO YOU VIA THE APP IS FOR YOUR PERSONAL USE ONLY. THE TRANSFER OF SUCH INFORMATION FOR ANY COMMERCIAL PURPOSES TO THIRD PARTIES WITHOUT PRIOR WRITTEN CONSENT OF THE COMPANY IS PROHIBITED.

  1. Use Restrictions
    • You may not (and you may not permit any third party to) unless otherwise explicitly permitted under these Terms: (a) use the App for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the App for non-personal or commercial purposes without the Company’s express prior written consent; (c) remove or disassociate, from the App (including from any Company’s content displayed therein, such as videos, text, logos, buttons, icons, images, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the App, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the App) (collectively – the “Content”) any restrictions and signs indicating proprietary rights of the Company or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) use any manual or automatic device, process or method, such as robot, spider, crawler, any search or retrieval application to access the App and retrieve, index and/or data-mine information (including personally identifiable information of Users); (e) interfere with or disrupt the operation of the App or the servers or networks that host them, (f) bypass any measures we may use to prevent or restrict access to the App; (g) copy, distribute, display, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Company’s proprietary rights, including the Company’s Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted under any applicable laws; (h) create a browser or border environment around the App; (i) frame or mirror any part of the App; (j) create a database by systematically downloading and storing all or any of the Content or other information from the App; (k) transmit or otherwise make available in connection with the App any virus, worm, Trojan Horse, time bomb, spyware, or any other similar computer code, that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment; and/or (l) infringe and/or violate any of the Terms.
  2. Registration and User Account

We may provide a limited access to the App to unregistered Users. In order to use the full functionality of our App, you will be asked to create a User account (the “Account“) by completing the registration form available on the App.

You may not have more than one (1) active Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. 

You may not permit any third party to use your Account without the prior written consent of the Company. You must notify us immediately of any unauthorized use of your Account and change your password or take any other measure required by the Company. We will not be liable for any loss or damage arising from a third party’s access to your Account through the registration information s/he had obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security.

YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU HAD PROVIDED US. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

  1. Privacy Policy

By agreeing to these terms, you acknowledge that the Company may collect, use, process and disclose your information as described in our Privacy Policy at [link to PP] which is incorporated herein by reference. You agree that the Company may use personal information that you provide or make available to it in accordance with the Privacy Policy.

  1. License

Subject to the terms hereof, the Company hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license (i) to download and use the App on your authorized mobile phone, device or tablet that you own or control, solely for the limited purpose of using the App for your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (defined below) and applicable law; and (ii) to use the App (including the Content) in accordance with the terms included in these Terms.

The Company may obtain from the Users certain information via the App (i) in order to build the Profile, (ii) in order to obtain information on upcoming consumption (time, amount, Purpose, strain, etc.), (iii) in order to obtain feedback on the effects of cannabis consumption, in order to evaluate efficiency of certain strains to similar Profiles and Purposes, (iv) in order to obtain feedback and suggestions on your use of the App (collectively – the “Feedback“). The Company shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Company’s current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. Feedback that does not allow for the identification of an individual shall be deemed non-confidential.

  1. Intellectual Property Rights

The App and the Content included therein and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. The Terms do not convey to you an interest in or to the Company Intellectual Property but only a limited revocable right of use in accordance with the Terms.

  1. Trademarks and Tradenames

Use of any Company’s registered or unregistered trademarks, service marks or logos and of all other third party trademarks, service marks, trade names and logos which may appear on the App is strictly prohibited and may be a violation of applicable trademark laws.

  1. Linking to Platform; Links to Third Party Resources

In the event that you link to the Company’s App you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. The App may contain links to websites owned and operated by third parties. The Company provides such links for your convenience, and the use of these sites is at your own risk. The Company disclaims all liability with regard to your access to and use of such linked websites.

  1. Usage Rules

Since you may be downloading the App from a third party platform, service provider or distributor (“Third-Party Platform Provider“) your use of the App may also be governed by usage rules which the Third-Party Platform Provider may have established and which relate to your use of the App (“Usage Rules“). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usage Rules are applicable to your use of the App. You undertake to comply with all the applicable Third-Party Platform Provider’s Usage Rules. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Third-Party Platform Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Third-Party Platform Provider) and/or other provisions that impose any responsibility on the Third-Party Platform Provider, the terms of the applicable Third-Party Platform Provider’s Usage Rules shall prevail. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.

Apple Inc

The following applies to you if you downloaded the App from the Apple App Store (“Licensed Application“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and the Company, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to the Company as provider of the App.

The Company and you acknowledge that the Company, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

You acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use thereof infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

  1. Special provisions relating to Third Party Components

The App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. You acknowledge that the Company makes no warranties or representations, express or implied, with respect to such Third Party Components. Under no circumstances shall the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.

  1. Changes to the App and Updates

The Company reserves the right to modify, improve, make any other changes to, or discontinue, temporarily or permanently the App and the Content without notice, at any time.

If the Company supplies to you any updates, upgrades and any new versions of the App (“Updates“) according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates. For clarity, the Company has no obligation to provide Updates.

  1. Disclaimer of Warranties

Other than the express warranties specified in these Terms and to the fullest extent legally permissible, the App and the content are provided on an “As Is” basis, and the Company, including its vendors, officers, shareholders, sub-contractors, directors, employees, affiliates, subsidiaries, licensors, agents, suppliers (collectively, the “Company’s representatives“), disclaim all warranties of any kind, express, implied or statutory, including but not limited to warranties of title or non-infringement, availability, the quality of the App or implied warranties of use, merchantability or fitness for a particular purpose and those arising from a course of dealing or usage of trade. You may have additional consumer rights under your local laws that these terms cannot change.

We do not warrant that (i) the use and operation of the App is or will be secure, timely, accurate, complete, uninterrupted, without errors, or free of viruses, defects, worms, other harmful components or other program limitations, (ii) that the Company will correct any errors or defects in the App, and (iii) the App will be interoperable or compatible with your mobile device, other software, hardware, or any equipment, and the Company and the Company’s representatives are not responsible for any losses suffered resulting from interoperability or compatibility problems.

WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN THE COMPANY.

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

USE OF THE APP AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE COMPANY, INCLUDING THE COMPANY’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APP AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE APP AND/OR THE CONTENT AND/OR THE FAILURE OF THE APP TO PERFORM AS DESCRIBED OR EXPECTED; ALL REGARDLESS OF WHETHER THE COMPANY (OR THE COMPANY’S REPRESENTATIVES) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE COMPANY’S AND THE COMPANY’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO THE COMPANY FOR USE OF THE APP OR $US1.00, WHICHEVER IS GREATER.

  1. Indemnification

You agree to indemnify, defend and hold the Company and the Company’s Representatives harmless from any loss, liability, claim, debts, expenses or demand, including reasonable attorneys’ fees, due to or arising out of your use or inability to use the App and/or breach of these Terms and/or your violation of any applicable law or third party rights, including without limitation any intellectual property rights or privacy rights with respect to your use of the App. Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

  1. Amendments to the Terms

The Company may, at its sole discretion, change these Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the App and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our App or sent via e-mail, whichever is earlier. Otherwise, all other changes to these App are effective as of the stated “Last Revised” date and your continued use of the App on thereafter will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

  1. Termination or Suspension of your Account, Termination of these Terms and the Termination of the App’s operation

If you object to any term hereof, as may be amended from time to time, or become dissatisfied with our App, you may terminate these Terms at any time by stopping your use thereof and this will be you sole remedy in such circumstances. In such circumstance, or upon termination of these Terms by us in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the App, delete and destroy all copies of the App in your possession or control and so certify to the Company if required by it, and (iii) 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. Please note that failure to comply with any of use restrictions set forth in these Terms may result (at the Company’s sole discretion) in the termination of your use of the App and may also expose you to civil and/or criminal liability.

We may suspend or terminate your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of the Company, its users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; and/or (f) we are required to by law.

After termination of your Account for any reason, the consumption history information will be irrevocably deleted, unless otherwise required by the law.

  1. Export and the Location of the User

The App may be subject to applicable export control laws. The User agrees that he/she will not ship, transfer, or export the App into any country, or make available or use the App in any manner, prohibited by applicable laws.

  1. General

(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) these Terms shall be governed by, and will be construed under the law of the State of Israel, and you irrevocably agree to the exclusive jurisdiction of the competent courts of Israel to settle any dispute which may arise out of, under, or in connection with these Terms. YOU AGREE THAT NO CLAIM ARISING OUT OF THESE TERMS OR YOUR USE OF OUR APP MAY BE BROUGHT AS A CLASS ACTION, (c) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (d) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (e) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (f) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (g) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (h) no amendment hereof will be binding unless in writing and signed by the Company, and (i) the parties agree that all correspondence relating to these Terms shall be written in the English language.

  1. For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to info@gramss.app and we will make an effort to reply within a reasonable timeframe.