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Terms & Conditions

END USER LICENSE AGREEMENT

Last Updated: January 14, 2025

This is a legally binding license agreement (the "License Agreement"). Please read it carefully. By clicking "I Agree" or installing or using the Pushit APP for Android/iOS and any updates to such App (collectively, the "App") provided by Pushit Replays Ltd. ("PUSHIT"), you agree to these terms.

  1. General Terms
    1. License Grant. Subject to the terms herein, PUSHIT hereby grants you a limited, personal, non-exclusive, non-transferable, non-sub-licensable right to install and use the App solely on the device to which the App was downloaded by you from Google Play/the Appstore (the "Device") and only for the purpose of providing you with the services made available thereon. You shall be solely responsible to ensure that the App is properly installed and used. The App is being made available to you in connection with your membership in the sports club that made this App available to you (the "Club"). The services offered through the App are further subject to the agreement between PUSHIT and the Club.
    2. Authorized User. You agree to this License Agreement, in connection with your use of the Club facilities; and (b) represent that you have been authorized to use the App by the Club.
    3. Prohibited Uses. Other than the rights explicitly granted in this Agreement, you shall have no other rights, express or implied, in the App. Without limiting the generality of the foregoing, you agree and undertake not to, and not to allow any third party to: (i) sell, lease, sublicense or distribute the App, or any part thereof, or otherwise transfer the App; (ii) reverse engineer, decompile, disassemble, or otherwise reduce to human-perceivable form the App's source code and or any third party software provided by PUSHIT; (iii) modify, revise, enhance, or alter the App; (iv) copy or allow copies of the App to be made, unless expressly permitted herein; (v) represent that you possess any proprietary interest in the App; (vi) use the App in any illegal manner or for unlawful purposes.
    4. Title & Ownership. The App is the property of PUSHIT or its licensors and any disclosure or unauthorized use thereof will cause irreparable harm and loss to PUSHIT or its licensors. All right, title and interest in and to the App, any derivatives thereof and modifications thereto, including associated intellectual property rights, evidenced by or embodied in or attached/connected/related to the App, are and will remain with PUSHIT or its licensors. This Agreement does not convey to you any interest in or to the App, but only a limited right of use in accordance with the terms herein. Nothing in this License Agreement constitutes a waiver of PUSHIT's or its licensors' intellectual property rights under any law.
    5. Third Party Software. The App may include third party components, which are made available pursuant to different terms than those contained herein.
    6. Other App User. You undertake to refrain from any attempt to collect information and User Generated Content via the App, including through technological means, operation or assistance to the operation of a computer application or by any other means designed to scan and/or copy and/or retrieve and/or mine information, to refrain from executing and/or causing any change to the App, including to other users' content.
  2. User Generated Content
    1. Any content that You wish to record through the use of devices installed at the Club facilities via the App, including video & audio and your user name ("User Generated Content") shall be accompanied by Your username as provided upon your installation of the App.
    2. By creating and sharing User Generated Content through the App, you represent and warrant that there is no legal and/or contractual and/or any other obligation that prevents You from uploading and/or publishing and/or transferring the User Generated Content and that said User Generated Content is not in any breach of any applicable law and is not in breach of any right of any third party, including privacy and data protection rights. Any User-generated Content generated by You shall be under Your sole and exclusive responsibility and the Company will not be responsible in any way for such User Generated Content.
    3. You acknowledge and agree that upon entering the Club facilities you were made aware that the Company's system is installed in the Club facilities and the User Generated Content capturing your image may be generated and shared through the App. You will have no right claim against the Company in connection with User Generated Content generated or shared by any other users of the App at the Club.
    4. You expressly exempt the Company, including its representatives, employees, managers and shareholders acting on its behalf ("Representatives"), from any and all responsibility and/or liability in connection with User Generated Content generated or shared by you through the App.
    5. You hereby undertake to indemnify the Company and/or its Representatives, immediately upon their first request, for any damage, injury, loss, expense, fee, lost profits, lost data, loss of use and damage to goodwill, that they may incur by any claim and/or demand by a third-party (including the Authorities), including any legal fees, due to violation by You of this EULA, concerning Your activities via the Application. Aforementioned indemnification shall not derogate from any remedy that the Company is entitled to by any applicable law.
    6. The Company may, at its sole discretion, refuse to allow You to share User Generated Content without the need to receive Your consent or provide You with prior notice, if Company suspects a violation and/or risk of violation of the provisions of this EULA, the provisions of the applicable law or the rights of third parties and/or in case of a request by competent authorities and/or as a result of technical reasons, including technological changes, or due to the request of the receiving party, even if backups of User Generated Content are not saved and stored.
    7. You acknowledge and agree that the Club in which User Generated Content was captured owns all right and title in and to such User Generated Content and the Club grants the Company a perpetual, irrevocable and free of charge license to use and save such User Generated Content.
  3. Warranty Disclaimer.
    1. THE APP IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PUSHIT AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH THE APP IS TO IMMEDIATELY UNINSTALL THE APP AND CEASE USE OF THE APP. PUSHIT DOES NOT REPRESENT OR WARRANT THAT THE APP WILL OPERATE CONTINUOUSLY, UNINTERRUPTED, OR BE ERROR-FREE.
    2. PUSHIT SHALL IN NO WAY BE LIABLE TO YOU IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING TO THE APP OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR DEVICE OR YOUR ABILITY TO USE IT, AND PUSHIT RESERVES THE RIGHT TO TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS (IF ANY) SAVE THAT PUSHIT IS NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK OR SYSTEMS OR SIMILAR SERVICES.
    3. You specifically acknowledge and agree that you are licensing the App from PUSHIT in connection with your membership in a sports club, for the purpose of accessing and sharing video content generated at the Club facilities.
  4. Limitation of Liability. IN NO EVENT SHALL PUSHIT'S LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT, EXCEED AN AMOUNT OF $100. IN NO EVENT WILL PUSHIT BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT PUSHIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  5. Term and Termination. PUSHIT may terminate this License Agreement at any time without cause without any requirement of notice. In addition, this License Agreement shall terminate immediately and automatically upon any termination or expiration of the Customer's subscription to the Service. Upon any such termination or expiration, the Customer (including you) shall no longer be permitted to use the App, and shall delete all copies of the App in its (including your) possession. Termination of this License Agreement shall not entitle the Customer to any refund, credit, or other compensation from PUSHIT under the Terms of Service or any other agreement or from any third party.
  6. General. This Agreement constitutes the entire agreement between the parties and may not be modified except by a written agreement signed by PUSHIT. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Agreement shall continue in full force and effect. You shall not assign this Agreement without PUSHIT's prior written approval, and any such purported assignment shall be null void. No waiver of any breach shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel and only the competent courts of Israel shall have jurisdiction over any dispute arising from this Agreement. Sections 2, 3, 4 and 5 shall survive the termination of this Agreement.