TERMS AND CONDITIONS

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Please note that your use of and access to our service (defined below) and website are subject to the following terms. If you do not agree to all of the following, you may not use or access the service or website in any manner.

Welcome to the Headlights Application “Recapp” (the "App") provided to you by Headlights Inc. (“Headlights”, “we”, “us” or “our”). These Terms & Conditions (the “Terms”) constitute a set of rules by which we operate the App and any related services, modules, functions, software or features, available by us from time to time (collectively, the “Services”).

By using or accessing the Services, you acknowledge that you agree to the Term and to our Privacy Policy. Please read through all the Terms carefully as they constitute a legally binding agreement between you and us. 

We may change the terms of these Terms from time to time by posting notice on Our website at Recapp.co (“Website”) or through the App. Your continued use of the Service shall constitute your consent to any changes made. 

The App and Services were created by us in order to provide you with a mobile App for helping you track and manage your favorite sport highlights in one place. The Website intended to provide information about us, our products and Services. The App and Website may be used by you for personal use only.

Headlights will use reasonable efforts to include up-to-date and accurate information in the Services, but makes no representations, warranties, or assurances that the information provided (including, without limitation, design, texts, pictures, graphic elements, databases, animation, publications, presentations files and downloads of any kind) is accurate, complete, reliable, current, or error-free. The information and materials contained in the Services are subject to changes in our sole judgment, without the requirement of giving any notice prior to or after making such changes. The Service has been designed to provide general information about sports and related information. These pages are not intended to provide sport analysis or advice. Headlights shall not be held responsible for any action taken that is based on the information presented on the Services, and all users of the Services agree that all access and use of the Services, and any and all content presented on the Services, is at the users own risk.

Please note that the services are currently being provided in their alpha version, the features of which have not been fully implemented or refined. As with any alpha version, the services currently constitute a work in progress, and as such, there may be unresolved issues. Please do not use this alpha version of the services unless you are comfortable using alpha software and understand the implications thereof.

The App, Services and any material and content therein are either the proprietary property of Headlights or the proprietary property of our licensors or licensees. You may use the Services and App only in accordance with these Terms and subject to the restrictions detailed herein. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material and/or content will be permitted. 

“Headlights” and other trademarks, slogans, service marks and trade names which appear via the Service are proprietary to Headlights. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by Headlights. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder.

All third-party trademarks (including logos) referenced by Headlights remain the property of their respective owners. Headlights does not own any of the team, league or event trademarks/uniforms depicted within this site. Unless specifically identified as such, Headlights' use of third-party trademarks does not indicate any relationship, sponsorship, or endorsement between Headlights and the owners of these trademarks.

You may not rent, lease, lend, sell, redistribute or sublicense the Services or any part thereof. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof.

You may not use the Services for any illegal purpose, or in violation of any applicable law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy. You may not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights.

You may not attempt to gain unauthorized access to the Services, or any part of them, other accounts, computer systems or networks connected to the Services through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted via the Services by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

In addition and specific, with respect to any content and materials contained in the Services and App (“Company Materials”), you agree not to, not to attempt to, nor allow any third party to: (i) copy, modify or make derivative works of the Company Materials, or make the Service available to any other third party or use the Service on a service bureau or time sharing basis, (ii) decompile, reverse engineer, or disassemble the Service or otherwise attempt to reconstruct or discover any source code, underlying ideas or algorithms of the Service; (iii) disseminate performance information relating to the Service; (iv) use the Service to develop a competitive product offering; (v) remove, obscure or modify any copyright notices, bylines or other notices or attributions within the Company Materials; (vi) create, produce or otherwise generate internal products, commercials, advertisements, interactive displays or other digital content without the prior written approval of Headlights; or (vii) reproduce, modify, display, perform, transmit, distribute or otherwise use or exploit in any manner the Company Materials; or (viii) any use of the Company Materials, in connection with, in conjunction with, or with regards to advertising.

The Services are only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not visit or use the Services. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting or using the Services to make sure that you and your parent or guardian understand these Terms and agree to them. No individual under these age limits may use the Services.

In connection with the Service, you agree (i) to abide by all applicable local, state, federal, national and international laws and regulations, (ii) only make use of information that you own or have a right to use, and (iii) only act appropriately. If you access and use the Service and/or the App, you represent and warrant that you are of legal age and have the right and authority to enter into these Terms on your own behalf.

All users expressly agree that their use of the Services and their account will not: (i) be defamatory, libelous, abusive, or obscene, including, without limitation, include material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (ii) infringe on any proprietary right, right of privacy, or any applicable right of any third-party, and will only make use of information you own or have a right to use; or (iii) be otherwise inappropriate or unlawful.

Users acknowledge that the App may include content which belongs to third parties which may be protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights. By using our App and/or Services, users undertake not to modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any content belonging to any third party - in whole or in part. 

The App may provide links to the websites or services of other third-party sites that are not owned or controlled by us. Links to such third-party sites do not constitute any endorsement by Headlights of such third-party sites, or the quality, suitability or accuracy of the products, content, materials or information presented or made available by such sites. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third-party websites. We encourage you to read the terms and conditions and privacy policy of each third-party website that you may choose to visit. You acknowledge and agree that Headlights, its directors, officers, employees, agents, service providers and representatives, other third parties, and each of their respective successors and assigns, are not responsible for any claims, damages or losses caused or alleged to have been caused by the use of any third-party sites, or from the products, content, material or information presented by or available through those sites.

Headlights reserves the right to suspend or terminate the Services, or any content, material or other part of the Services, at any time and for any or no reason at all, at our sole discretion. Although we try to make the Service always available to you, We cannot make any guarantee and will not be held liable for any service disruptions, whether temporary or not. Further, Our Service may change from time to time and We may stop (permanently or temporarily) providing some services or any features within the Service, or any content, material or other part of the Services, with or without prior notice to you.

While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of Headlights, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, Headlights may use or redistribute any such submission and its contents for any purpose and in any way it deems.

You acknowledge that, to the maximum extent permitted by applicable law, the services, the app, and other materials provided to you under this agreement are provided on an “as is” basis. Use of the services and reliance on the app content is done solely at your own risk. Headlights disclaims any and all warranties relating to the service, the app, their content, and other materials, express or implied, including but not limited to the implied warranties of non-infringement of third-party rights, merchantability, and fitness for a particular purpose, as well as any warranties arising from course of dealing or performance.

We do not warrant that the app or the services provided will be error-free, that access will be uninterrupted, that defects will be corrected, or that the site or the servers that make our services available are or will be free of viruses or other harmful components.

In no event shall Headlights be liable for any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of data or any other damages or losses arising out of or related to your use or inability to use the app or the services or any part thereof, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Headlights has been advised of the possibility of such damages. Notwithstanding anything to the contrary, in no event shall Headlights' total liability to you for all damages related to the subject matter of these terms exceed the amount of one dollar ($1). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose. The limitations, exclusions, and disclaimers in this section and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.

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 analysis or the recommendations, including without limitation our actions or omissions while providing the services (except for our breach of the agreement as a result of willful misconduct or fraud on our part); (ii) your content, 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 user account, by you or by any one accessing your account with or without your consent.

You agree that we may collect and use data and related information, including but not limited to technical information about your use of the Services that is gathered periodically to facilitate the provision of software updates, product support and other features to you related to the Services. We may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. This, and any other information collected from you through your use of the Services, will be used and governed by our Privacy Policy [https://recapp.co/privacy-policy].

Technical support will be provided to you by Headlights via email during regular business hours by sending your technical inquiries to fans@recapp.co. Headlights shall respond via email to your support request within a reasonable time-period.

(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements; (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose. (d) These Terms shall be governed by the laws of the State of Israel, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Tel Aviv, shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits a party's ability to seek equitable relief.

Version: October 25, 2024