TabTale Beta Tester Program Terms and Conditions

PLEASE READ THE FOLLOWING CAREFULLY BEFORE REGISTERING TO OUR BETA TESTER PROGRAM (“PROGRAM“) AND/OR INSTALLING AND/OR USING OUR APPS.

By clicking the “accept” or “ok” button you agree to enter into a legal agreement with TabTale Ltd., its subsidiaries and its affiliates (“Company”, “we” or “TabTale”) in accordance with these Terms and Conditions (“Agreement”) and TabTale Privacy Policy http://tabtale.com/beta/privacy . You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement and our Privacy Policy http://tabtale.com/beta/privacy please do not register to the Program, install or use the App.

Your Acceptance

By registering to the Program you affirm that you are over 13 years of age. If you are between the age of 13 to 18 years, you represent that your legal guardian has reviewed and agreed to this Agreement and to our Privacy Policy http://tabtale.com/beta/privacy.

The Program

The purpose of the Program is to allow users who have registered to the Program, to test and evaluate beta versions of TabTale’s various mobile software applications (“Beta Versions” and “Apps“). If you have registered to the Program, we may send you, from time to time, per our sole discretion, Beta Versions of the Apps, based on your gaming preferences (as indicated by you upon your registration). Notwithstanding, TabTale may decline your registration request per its sole discretion and you shall have no claim and/or demand against TabTale in this respect.

User Data

In order to participate in the Program, you will be required to provide us certain limited information such as your email address, age and gender, your device and operating system and type of games in which you are interested (“User Data“). We will collect, maintain and process such User Data in accordance with our Privacy Policy http://tabtale.com/beta/privacy.

Feedbacks

In consideration for your participation in the Program, you will be required to provide us certain feedbacks in connection with your use of the Beta Versions, including, for example, suggested functionality, your personal opinion about the content of the App and ideas for improvement of the App (“Feedbacks“). By submitting your Feedback, you hereby grant TabTale a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, for any purpose, copy, reproduce, distribute, display, perform, edit, modify, prepare derivative works of, and incorporate any such Feedback in connection with our Apps, products and our business. You hereby waive any moral rights in your Feedback, to the extent permitted by law. TabTale has complete discretion whether or not your Feedback will be used.

No Consideration

You hereby acknowledge and agree that your participation in the Program is on a voluntary basis and that you will not be entitled to receive any consideration for your participation in the Program and/or for submitting your Feedback, or if and when your Feedback will be used.

Confidentiality

You hereby acknowledge that the Apps and the Beta Versions are proprietary or confidential to TabTale and you agree to hold such confidential information in strict confidence and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give or disclose such information to third parties, or to use such information for any purposes whatsoever other than as contemplated by this Agreement.

Warranty Disclaimers

THE BETA VERSIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED) INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

NOT ALL FEATURES OF THE BETA VERSIONS MAY BE FULLY IMPLEMENTED OR REFINED. THEREFORE, THE BETA VERSIONS MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS. YOUR USE OF THE BETA VERSIONS IS AT YOUR OWN RISK.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL TABTALE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP EVEN IF TABTALE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

Each party may terminate this Agreement at any stage and for any cause. TabTale will not be required to provide you any notice regarding the termination of this Agreement and/or the Program. If you wish to terminate your participation in the Program you will be required to contact us at: [email protected].

Dispute Resolution.

This Agreement is governed under the laws of Israel, excluding its conflict of law rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv/Jaffa. Any disputes or claims arising out of this Agreement or Feedback shall be resolved individually and not by class action.

Entire Agreement; Waiver.

This Agreement set forth the entire understanding of the parties, which supersedes all prior proposals, understandings and other agreements, oral and written, between the parties relating to the subject matter herein. Failure of a party to enforce any of this Agreement will not be construed to be a waiver thereof, and no waiver of any rights hereunder shall be deemed to be a waiver of the same or other right on any other occasion.

Last updated: December 2018