Please read these terms of use (as defined below) carefully, as they are a binding agreement for all matters between the user and the Company and refer to any use that will be made of the Company's software and services. Any active use of the services (such as performing exercises) or providing any details voluntarily, indicates your agreement to the terms of use, as defined below. Therefore, if you do not agree to any of the terms included in this agreement, you are requested not to make any use of the software. Please see below a notice that the user will be sent advertising messages according to the details you provide the Company. Of course, you can contact the Company via zurbalance2@gmail.com, to inform the Company that you are no longer interested in receiving the messages and we will stop sending them.

"The practice" -practice in different positions with varied tasks, between two chairs, for your safety. It is permissible to practice in situations of imbalance, anxiety, fear of movement or dizziness (not vertigo), after vertigo treatments where feelings of motion sickness remain, in instances where seasickness or motion sickness is known, can be after a cruise on a ship or visual vertigo.

"Dizziness" -feelings of motion sickness, floating, vertigo, spinning, a kind of instability or disconnect between the head and body.

"The software" -B-Balance system/software that is operated on a tablet, smart phone or other technological device and/or that operates through a web server and/or that operates through a website, is intended for diagnosis and practice in problems of imbalance and vertigo of the type dizziness and/or motion sickness.

"The end device" -a fixed and/or mobile device on which the software is installed, whose details and other information related to it have been transferred to the provider.

"User" "Users" -any person who uses the software for any purpose and by any means, the use is under a unique personal name.

"The Company" -H.B.T. Home Balance Training, Ltd. - develops the software, operates the software and/or anyone on its behalf.

"The services" -any treatment and/or content and/or exercise and/or information and/or other type of service found and/or provided through the software.

"The content" -any information of any kind that appears in any format, including text, image, video or audio and file of any kind, that appear in the software and/or are linked to the software and/or refer from/to the software.

""The exercise and/or the exercises"" -one of the exercises (and/or some and/or all) for training in imbalance, vertigo from the type of dizziness and/or motion sickness offered by the software.

"Terms of Use" -all understandings, agreements, obligations, and conditions appearing in this agreement.

1. Performing the exercises and/or any use of the software is the full responsibility of the user.
2. The exercises are performed independently and not in the presence of the company; therefore, the company is not responsible for any damage that may be caused to the user, such as a fall due to the performance of any of the services provided through the software, either directly or indirectly.
3. The practice must be performed in a safe place (for example: not slippery, not on a slippery parquet and not on a polished floor, preferably on a carpet attached to the floor and not on a surface that can slide on its own). The company recommends using two stable chairs on either side of the practitioner to provide support when necessary.
4. The user will not be able to make one or another claim to the company and/or anyone on its behalf regarding the above.
5. In addition, the company is not responsible for any claim regarding damage on behalf of an operator who is not a registered user.
6. Prohibition and recommendation to use the software:

• 6.1. In the following circumstances, use of the software is strictly prohibited:
  the following cases, it is strictly forbidden to use the software and/or perform the exercises: Do not use the software and/or perform the exercises, if you suffer from active dizziness, vertigo (sensation that the room is spinning), severe instability, inability to stand or walk independently (if you must use a walker while walking or another support), or in cases where stepping on one foot is prohibited. In the case of degenerative diseases in acute and sub-acute stages, acute heart and lung diseases, people who need oxygen due to low saturation, after major orthopedic surgery, or in any other case that may cause a significant imbalance. It is also forbidden to use the software if the preliminary test was performed and the score showed that you are at high risk of falling (red risk level) (Appendix 1). Someone at the red risk level will be referred or is invited to turn to the Company before using the program.
• 6.2. Cases in which a close escort is recommended when using the software: A User who is age 75 or older, at any fall risk level. Thus, any adult who after the preliminary evaluation is found to be at the orange risk level for falling of (51-69%) (Appendix 1), if the user feels a significant fear of falling, is very tired, after a significant lack of sleep or while under the influence of alcohol, drugs or other substances should not use the software alone and/or perform the exercises.
• 6.3. Cases in which it is recommended to have someone in the practice environment for help if necessary: At a yellow and/or green level for fall risk of 70-100%(Appendix 1).

7. The use of the software and/or services is intended for any adult (age 18 or over).
8. A user may not make any use of the software and/or services except as permitted in these terms of use, and the terms of the Company that owns the platform on which the software is installed (such as Apple and/or Google and/or Microsoft) and/or the terms of communication providers for the end device. Without prejudice to the generality of the above, it is hereby clarified that the Company may make any use of the software and/or services, by itself and through others, to grant others use and other rights in them and all without limitation and at its sole discretion.
9. The company reserves the right to change these terms of use (hereinafter: "the updated terms") at any time, while publishing the change to registered users, and without the need to provide an alert and/or advance notice and the user agrees to be limited and subject to the updated terms immediately upon his/her first use of the software and/or the services after the publication of the updated terms.
10. The Company may stop providing the services in general and/or to a user specifically at its solediscretion, at any time and without the need to give notice and/or advance notice.
11. The user hereby declares that he/she knows that the use of the software and/or services is provided in its existing state (AS IS) for his/her personal use and private needs only and that the software and/or services may not be used for commercial purposes and/or for-profit purposes. Also, the user may not allow any other person and/or entity other than him/herself to use the software. unless he/she received a franchise to operate the system for the user’s customers.
12. The user hereby declares that the use of the software and/or services are the user's responsibility and therefore, the Company will not be responsible for any damage and/or injury to the body and/or property and/or injury and/or death that occur as a result of use not in accordance with or contrary to the instructions for use provided with the software.

13. The property rights and intellectual property in the software and everything included in it - belong to the company only. The property and intellectual property rights in the services, software, reports, database and in relation to any content, data, sign, name, information, logo, image, advertisement, text, video, audio, report, creation, database, compilation and any other subject of property right and/or intellectual property, including any software and/or code, graphic design, trademark and trade secret (hereinafter and above in this agreement: "Contents") belong to the service and may not be used except with prior written approval from the service.
14. Property rights and intellectual property in third party offers and other third-party products, services, and content. The property rights and intellectual property in any third-party offer, product, service, and content (as defined above) of a third party that are offered as part of the service or in connection with it (including but not limited to copyrights and trademarks) belong to that third party only, and may not be used without prior written approval by the service.
15. The license you grant us. It is clarified that by simply registering for the service and/or providing information in any way, you grant us a worldwide license, free of charge and not limited in time, to make any use whatsoever (including commercial use) of any data provided to us in any media whatsoever (oral, printed, digital or otherwise) and in any territory, including but not limited to: copy, reproduce, distribute, sell, market, publish, process and translate. You will not have any claim and/or claim against any such use made of any such information and you will not be entitled to receive any payment for any such use.

16. The service is AS IS and without representations. The service is "as is" (AS IS), and as it is available only. We hereby unequivocally exclude any representation or warranty of any kind (direct, indirect, implied, written, or oral), including but not limited to physical injury, mental damage, or for the specific purpose for which the services were purchased, for a certain function, for a certain functionality, for reliability, for availability, for non-violation or for specific results as a result of its use, and all to the maximum extent provided according to any relevant law.
17. In any case of using the services or software, please use our services that are offered to you as information and assistance, but you must perform the practice exercises and/or any other use of the services in a way that will not endanger you.
18. Limitation of general liability. The company is not responsible for any result, damage and/or cost of any kind and type (direct or indirect) caused as a result of using the software and/or services and/or practice exercises, in a way that is incompatible with the nature of the treatment or the condition you are suffering from.
19. Limitation of compensation in case it is decided otherwise. However, to the extent that a competent court rules otherwise, it is hereby agreed that the liability of the service will be limited to twice the amount paid by the user for the service received on behalf of the company, and no more.
20. The presentation of the information and/or advertisements does not constitute a recommendation, opinion, or presentation. The information in the Service, the advertisements and/or any other information or advice are presented in good faith and as provided by a third party. Their presentation does not constitute a recommendation, expression of opinion, opinion, or presentation of any kind in relation to any of the products, services and everything related to them.
21. The software cannot be error free. The company does not commit and cannot commit that there will not be any malfunction of any kind in the operation of the software, the services, in the information provided by it, in that it is correct, up-to-date, available and/or complete, nor can it commit that the software will function properly all year round without any interruption (here after: "fault"). However, the company will act to prevent or correct any such malfunction as soon as possible, and if you encounter such a malfunction - please let us know. The company will not be responsible for any result of such malfunction.
22. The company cannot prevent unauthorized access. The company implements various systems and procedures for information security. While these systems and procedures reduce the risks of unauthorized access to the service and its users, they are not completely secure. Therefore, the company does not guarantee that the software will be immune from unauthorized access to the information stored in it. The company will of course report in accordance with the law in relation to any information security breach, however much it may be and will handle it as required.
23. The company is not responsible for damages and viruses. The company cannot be responsible for the operation of harmful software such as viruses, "Trojan horses" and any other harmful code. The company operates programs to detect such harmful programs; however, any harmful software that harms the user due to use of the services is not the responsibility of the company, as it is unable to prevent the appearance of the harmful programs completely.
24. An attempt to help will not constitute an assumption of responsibility. As much as we will try to help you with faults that occurred by means of third parties, it will be of our good will and in accordance with the law. Any assistance should not be interpreted as imposing responsibility in any way on the service and anyone on its behalf.

25. You undertake to indemnify the company for any demand, damage, loss, loss of profit, payment or other expense incurred by it (including attorney's fees within an acceptable scope), due to violating the terms of use, providing any information that is incorrect, accurate or up-to-date or in any way otherwise as a result of your conduct with the company or with any third party in connection with the software or the services therein.

26. Your personal details and/or personal information and/or identification details (hereinafter: "personal information") which the company receives from you at the time of ordering/registration and afterwards, are intended for the purpose of establishing contact and/or contacting the requested email addresses without any errors and/or various malfunctions that will prevent you from receiving the services.
27. The personal information and/or any other information provided by you will be stored in the company's database in accordance with the provisions of the Privacy Protection Law, 1981, and will be used in accordance with the needs of providing the services and according to the provisions of any law.
28. The company takes great efforts to protect the integrity of the information and the security of the information against access by third parties. The information is collected and kept confidential in a secure environment. The company uses a combination of security technologies, including protection through SSL encryption technologies, security procedures and other organizational measures to protect the information from access, and/or use and/or disclosure to unauthorized persons in the company and/or third parties by virtue of the agreement and/or the law. 29. Some of the uses of the software and/or services require registration in which you will be required to provide personal details, and without detracting from the generality of the above, such as your full name, your address, and your email address (hereinafter: "Registration"). Therefore, you hereby declare through this that the personal details that are provided to the company during registration and afterwards, are done of your free will and with your consent.
30. The company may occasionally send you advertising by e-mail in accordance with the provisions of the Communications Law (Bezeq and Broadcasting) (Amendment No. 40), 2008 (the "Spam Law"). The company may use the information you provide and the information it collects about usage patterns of the services, for the purpose of improving the services and/or in any other way it suggests, to contact you, if necessary, in accordance with the provisions of the Spam Law, or for the purpose of analyzing and providing statistical information to third parties. Said third parties and/or their employees and/or anyone on their behalf are prohibited from using this information for any other purpose, except as stated in this section above.
31. A user who is not interested in this, may at any time remove himself from the mailing list of e-mail publications, but will continue to receive the relevant references related solely to the use of the software.
32. The information provided by you is subject to the provisions of the privacy protection policy in the agreement and/or the law. The company will refrain as much as possible from knowingly providing information to third parties, apart from suppliers, and this is only to complete the purchase activities you performed on the site and/or the provision of the services, unless it is obligated to do so according to a judicial order and/or if you are faced with the threat of legal action (criminal or civil) being taken against it for actions you performed while using the software and/or services. In this case, the company may disclose your details to the party claiming to have been harmed by you and/or in accordance with the provisions of the judicial order without any prior notice.
33. The company may change the provisions of the privacy policy from time to time. If substantial changes are made to this policy, to the instructions regarding the use of the information you provided, a notice will be published accordingly.

34. You may act in accordance with what is stated in the Privacy Protection Law. You may act in accordance with what is stated in the Privacy Protection Law, 5571-1981, including requesting to correct any personal information about you (and only such information) that you have found to be incorrect, inaccurate and/or incomplete. When the company receives appropriate documentation for this request, the company will act accordingly. The above does not obligate the company to monitor the contents and information at the initiative of the company and does not constitute an obligation in favor of a third party.

35. This agreement should be considered an express written agreement to limit and shorten the period of expiration that stands to your advantage against the company and anyone on its behalf (except the suppliers) for any reason whatsoever, to a period not exceeding three and a half (3.5) years from the date of the event of the relevant reason.

The monthly usage fees for the B Balance system will be paid directly to the Company by the prescribing therapist, in any case of cancellation and/or cessation of payment of monthly usage fees, the Company and/or the prescribing therapist may cancel the user's use of the software at the end of the calendar month in which the last payment was made. In any case of a request to cancel the subscription, contact the prescribing therapist and the Company at the email: zurbalance2@gmail.com.

36. Any and all claims and liabilities arising out of or related to any use of the software or in connection with any dispute governed by these terms shall be governed solely by the law of the State of Israel, without regard to its conflict with the law’s provisions.
37. The exclusive jurisdiction over any dispute arising out of or related to the use of the software, the service and any matter related to them will be exclusively in the registered court in Tel-Aviv, Israel.
38. The use of this software is prohibited where these terms of use are not valid and/or legal for any reason, and in the activity of the user of the software or services, the user expressly declares that these terms of use bind him or her and are permitted to be enforced in his or her region.
39. The software is not to be used to create in any way entrepreneurial, partnership, employment or an agency between the user and the Company.
40. The Company will be entitled at any time to sell its control and/or its activities and/or its assets, most and/or part of them in any way whatsoever to any other entity, including transferring the engagement in these terms of use to any entity, merging with any other entity, etc.
41. These terms of use constitute an agreement that is binding on the parties, their representatives, their heirs, and any other authorized representative.
42. ​​The Company shall at any time be entitled to act without any restriction to fulfill any requirement of any competent authority, without this being considered as harming the user in any way, including the delivery of any detail required by s the competent authority.
43. To the extent that any part of these terms of use is determined to be invalid or unenforceable, then each invalid or unenforceable part will be considered as having been replaced by a valid and enforceable counterpart whose content corresponds as closely as possible to the intent of the original sections, while the other sections of this document will remain in effect.
44. Waiver by one party, expressly or implicitly, of a right granted to him/her under this agreement in a particular case shall not be interpreted as equivalent to any other case and shall not be considered a waiver of that party's rights under this agreement.
45. These terms of use together with the privacy statement and any other binding legal document included in this agreement (such as the procedure with the commercial companies) constitute the full and complete agreement between the user and the Company in connection with this software, and replace any previous communication and/or offer, whether in electronic format, and orally or in writing, passed between the user and the Company in relation to this software.
46. For any question or request, you can contact the Company at the email: zurbalance2@gmail.com.



Appendix 1: The scale of the risk of falling according to age and colors: