Terms of Use

These Terms of Use ("Terms") govern your rights and obligations regarding the use of GENOW’ Software

("Software") and service (both collectively referred to as the " Service ") on the Internet or in cellular media. These

Terms constitute a fully binding agreement between GENOW Mobile Ltd. (including its affiliates and subsidiaries,

"GENOW" or "We") the proprietor of all rights in and to the Service, and you. It is therefore recommended that you

carefully read these Terms.

By using the GENOW Service, you signify your assent to these Terms and GENOW’ privacy policy ("Privacy

Policy") all of which are an integral part of these Terms.

If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the

Service.

Key Points

The following key points of the Terms are highlighted here for your convenience only. These key points are not

made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede

or override any other terms or conditions provided by GENOW.

Road information prevails. The information provided by the Service is not intended to replace the

information provided on the road, such as travel direction, time based restrictions, lane restrictions, road

blockades, traffic signs, traffic lights, police instructions, etc.

Cautious driving. Always drive vigilantly according to road conditions and in accordance with traffic laws. It

is strictly forbidden to send traffic updates (such as updates on road accidents and traffic congestion), or

to non-verbally interact with the Service or use the Service in a non-verbal manner for any purpose other

than navigation while driving. Traffic updates or non-verbal reports you want to submit to the Service may

only be sent after you have stopped your vehicle in an appropriate location permitted by law.

Alternatively, such updates may be sent by a passenger other than the driver, provided it does not

interfere with the due course of driving and does not distract the driver's attention to the road.

Non-continuous updates. The information provided by the Service originates from other users of the

Service. Such information is intrinsically fluctuant and may be inaccurate, incomplete or outdated.

GENOW does not provide any warranties to such information's credibility or reliability.

Location-based Service. Some features of the Service make use of detailed location and route information,

for example in the form of GPS signals and other information sent by your mobile device on which the

GENOW application is installed and activated. These features cannot be provided without utilizing this

technology. Please note, as described in detail in the Privacy Policy .

(I) GENOW uses your location and route information to create a detailed location history of all of your

journeys made when using the Service. GENOW uses this history to offer the Service to you, to improve

the quality of the Service it offers to you and to all of its users and to improve the accuracy of its mapping

and navigation data. This history is associated with your account and username (if you have chosen to

set up a username). This history is retained by GENOW for a limited period of time and in accordance

with the Privacy Policy.

Advertisements. Third party advertisements may appear on the Service from time to time. GENOW does

not endorse these advertisements, and the advertisements are not intended to be, nor should they be,

viewed by drivers unless and until their vehicle has come to a complete stop.

The Internet connection required to use the Service, and any associated charges (e.g. mobile data

expenses) incurred by your use of the Service are your exclusive responsibility and made solely

at your expense. Transmitting and receiving real-time updates to and from the Service, requires an

online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of

such connection are as prescribed by the agreement between you and your communication service

provider (such as your cellular company), and according to its applicable terms of payment.

Your age. The Service is intended for use by users who are of the legal age required to hold a driving license.

In any case, accounts of users under the age of 13 years will be cancelled and deleted by GENOW, upon

receiving notice.

Privacy. Your privacy is important to us. While using the Service, personal information may be provided

by You or collected by GENOW as detailed in our Privacy Policy at: http://www.genow.fr/genownavprivacy-

policy. The Privacy Policy explains our practices pertaining to the use of Your personal

information and we ask that You read such Privacy Policy carefully. By accepting these Terms, you

hereby acknowledge and agree to the collection, storage and use of your personal information by

GENOW, subject to this section, the Privacy Policy and any applicable laws and regulation.

WHAT IS THE SERVICE

The Service allows vehicle drivers to navigate to their desired address. It allows drivers and users to assemble and

update maps to reflect road conditions and occurrences on them, such as traffic congestions, road accidents,

police road blocks, etc. The Service is provided mainly through the Software.

THE LICENSE

GENOW Service.

GENOW grants you limited rights to use the Software in binary executable form available to you after the installation.

Title, ownership rights and intellectual property rights in and to the Software Product remain in GENOW. The

Software is owned by GENOW or its suppliers and is protected by European Union copyright and patent laws and

international treaty provisions.

THE SOFTWARE COPY IS LICENSED TO YOU, NOT SOLD TO YOU, AND YOU ARE NOT AN OWNER OF ANY

COPY THEREOF.

USING THE SERVICE

You may use the Service solely for private and personal purposes. You may not use the Service commercially. For

example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service;

(iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a

service of your own, without the prior written consent of GENOW. For clarity, the examples listed are made for

illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.

You may not copy, print, save or otherwise use data from the Site or the Service's database. This clause does not

limit the use of the database as intended by the Software and for the purposes of private and personal use of the

Service.

When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data

aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to

access the Site or the Service’s database for any purpose without the express prior written permission of GENOW.

The Software may not be used in any way that is not expressly permitted by these Terms.

USE RESTRICTIONS

There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions

carefully. Your failure to comply with the provisions set forth below may result (at GENOW’ sole discretion) in the

termination of your access to the Service and may also expose you to civil and/or criminal liability.

You may not, whether yourself or through any other means or person : (i) copy, modify, adapt, translate,

reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in

any way or publicly display, perform, or distribute them; (ii) make any use of the Content on any other website or

networked computer environment for any purpose, or replicate or copy the Content without GENOW’ prior written

consent; (iii) create a browser or border environment around the Content (e.g. no frames or inline linking); (iv)

interfere with or violate any third party or other user's right to privacy or other rights, including copyrights and any

other intellectual property rights of others, or harvest or collect personal information about visitors or users of the

Service and/or Site without their express consent, including using any robot, spider, site search or retrieval

application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse,

harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other

intellectual property rights; (vi) transmit or otherwise make available in connection with the Service and/or Site any

virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or

is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any

other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the

operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service

and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

(viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service

and/or Site; (ix) frame or mirror any part of the Service and/or Site without GENOW’ prior express written

authorization; (x) create a database by systematically downloading and storing all or any of the Content from the

Service and/or Site; (xi) forward any data generated from the Service and/or Site without the prior written consent

of GENOW; (xii) transfer or assign your Service accounts' password, even temporarily, to a third party; (xiii) use the

Service and/or Site for any illegal, immoral or unauthorized purpose; (xiv) use the Site, the Service, or the Content

for non-personal or commercial purposes without GENOW’ express prior written consent; or (xv) infringe or violate

any of these Terms.

TERMINATION OF USE OF THE SERVICE

You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise

GENOW of such termination. However, if you would also like for GENOW to delete your GENOW account and your

personal information contained in the account, please contact us at support@genow.fr. On receiving such a

request, GENOW will use reasonable efforts to delete such information, however please note that your information

may be retained on our back-up systems for some time.

GENOW retains the right to block your access to the Service and discontinue your use of the Service, at any time

and for any reason GENOW deems appropriate, at its sole and absolute discretion.

SUPPORT RULES

1. GENOW supports only official stable releases of operating systems and official firmware updates.

Community-based firmware and its modifications can lead to unusable software that might require

manufacturer repair. You use these modifications at your own risk.

2. Technical support is provided during a period of 6 months from the moment of purchase;

3. Use of the product as described in the User Manual is not limited by time restrictions according a purchased

unlimited license.

In certain countries the use of flashpost / speedcamera information might be in conflict with the law and/or

regulations. By using such information user agrees to indemnify GENOW and its 3rd party suppliers of any claims

related to such flashpost/spe-edcamera information. Usage is at own risk.

ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC

LAWS. IT IS STRICTLY FORBIDDEN TO SEND ANY CONTENT - INCLUDING TRAFFIC UPDATES (SUCH AS

UPDATES ON ROAD ACCIDENTS AND TRAFFIC CONGESTION)- WHILE DRIVING. YOUR CONTENT

SUBMISSIONS MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE

LOCATION PERMITTED BY LAW. ALTERNATIVELY, CONTENT MAY BE SENT BY A PASSENGER OTHER

THAN THE DRIVER, PROVIDED IT DOES NOT INTERFERE WITH THE DUE COURSE OF DRIVING AND DOES

NOT DISTRACT THE DRIVER.

COPYRIGHT

All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks,

industrial designs, patents and trade secrets – are either the exclusive property of GENOW or its affiliates or are

exclusively licensed to GENOW. The Service is protected, among others, by the French Copyright Law, 2017 as

well as by applicable copyright provisions prescribed by any other law, in France and elsewhere.

"GENOW", the GENOW logo, “NavMeTo”, the NavMeTo logo and other trade and/or service marks are the property

of GENOW or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized

in these Terms without the prior written consent of GENOW.

The design, trade dress, and the ‘look and feel’ of the maps of the Site and the Service are protected works under

applicable copyright laws and GENOW and its affiliates retain all intellectual property rights in them. The Software

license granted to you in these Terms does not extend to or include a license to use the maps displayed on the

Software or any mark, indicator, logo or notation embedded in the maps that are displayed on the Software. You

may not copy or print more than one copy of any data or material appearing on the Site.

GENOW may protect the Service by technological means intended to prevent unauthorized use of the Service. You

undertake not to circumvent these means. Without derogating from GENOW’ rights under these Terms or under

any applicable law, you are advised that any attempted or actual infringement of this provision will result in the

termination of all your rights under these Terms. If you circumvent any of the means taken by GENOW to protect

the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake

to do so.

Apple

If you use the Service on an Apple device, then you agree and acknowledge that:

Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation

to furnish you with Service maintenance and support;

You will have no claims, and you waive any and all rights and causes of action against Apple with respect to

the Service or the Terms, including, but not limited to claims related to maintenance and support,

intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;

Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms,

Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against

you as a third party beneficiary thereof.

Export Control

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo,

or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed

on any U.S. Government list of prohibited or restricted parties.

LIMITATION OF LIABILITY AND WARRANTY

GENOW PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN "AS IS" AND "AS

AVAILABLE" BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER.

WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH

RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF

MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NONINFRINGEMENT,

TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.

Additionally and without derogating from the above clause, GENOW disclaims any warranties relating to the

accuracy of the maps, Content, road conditions, driving directions, or navigation routes presented or displayed in

or by the Service. For instance, traffic may be congested in roads depicted by the Service as uncongested; existing

roads may be missing from the map; users may submit faulty or inaccurate Content or reports. Such errors and

omissions are inherent to any community-based service that operates on users' posts and on the information

provided by them.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and

reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service

is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all

applicable laws (including traffic laws) while using the Service.

THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION

PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD

(TRAFFIC LIGHTS, TRAFFIC SIGNS, POLICE PERSON, ETC.) INSTRUCTS DIFFERENTLY THAN THE

SERVICE, YOU MUST NOT RELY ON THE SERVICE.

GENOW exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that

the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all

harmful components, or that it is safe, secured from unauthorized access to GENOW’ computers, immune from

damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures

and Software communication failures, originating either in GENOW or any of its providers.

GENOW, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS

AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL

DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA),

COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF

LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE

SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR

FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM

YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT

ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH

OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR

USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF

YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO

CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE

The Service may include commercial information or advertisements (for example, pins indicating the locations of

certain establishments, their commercial offers, coupons, etc. (“Ads”). The Ads may pop up or be displayed on the

Service maps from time to time. GENOW may post Ads on the Service but more often than not, the source of such

Ads is third parties, and as such, GENOW cannot and does not guarantee the reliability or accuracy of third party

Ads. GENOW does not endorse the content of third party Ads. Additionally, and without derogating from the

previous sentence, GENOW will not be liable for any form of liability arising from your reliance on, or in connection

with, the use of the content of Ads posted on the Service.

It is underscored that the advertising of commercial content by GENOW does not constitute a recommendation or

encouragement to procure the goods or services advertised.

Insofar as the Software includes links to services or applications not operated or managed by GENOW, GENOW

will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such

services and applications or any information provided by them, including but not limited to its completeness,

accuracy, correctness or it being up-to-date. GENOW will not be liable for any direct or indirect damage, monetary

or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via

Ads or other links on the Software.

YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE. YOU ALONE

ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE

EVENT THAT YOU VIOLATE THE FOREOING PROVISION, THE THIRD PARTY ADVERTISERS WILL NOT BE

LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER

DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND

PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM,

OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE SERVICE OR YOUR VIEWING OF THE ADS

ON THE SERVICE.

BREACH AND INDEMNITY

Without derogating from any applicable law, you agree to indemnify and hold harmless GENOW and its employees,

officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages,

expenses, losses and liabilities that arise as a result of your violation of these Terms. This indemnity is intended to

cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or nonmonetary,

incurred by GENOW, its employees, officers, directors or agents as a result of your violation of the Terms,

including but not limited to legal expenses and attorney fees.

PRIVACY

GENOW respects your privacy during your use of the Software and the Service. Our updated privacy policy

pertaining to the Software is readily accessible at http://www.genow.fr/legal/privacy/ and is an integral part of these

Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the

policy for updates.

MODIFICATIONS TO THE SERVICE AND SOFTWARE

GENOW may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or

change the Software, the Service's features, the user interface and design, the extent and availability of the contents

in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against

GENOW for applying such changes or for failures incidental to such changes.

TERMINATION OF SERVICE

GENOW may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or

permanently, at its sole discretion.

MODIFICATIONS OF THESE TERMS

GENOW may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted

in the updated version of the Software as well as on the Service's home page on the Site. Your continued use of

the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the

updated Terms or to any term within them, you must discontinue all further use of the Software.

GOVERNING LAW AND JURISDICTION

These Terms, the Software and the Service will be governed solely by the laws of the State of Israel, without giving

effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating

to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in the

Tel Aviv district in Israel.

LIMITATIONS

Should you desire to file any cause of action against GENOW, arising out of or related to the GENOW Software or

Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a

lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will

constitute your complete and final waiving of the lawsuit.

ASSIGNMENT OF RIGHTS

You may not assign or transfer your rights in and to the Service, without the prior written consent of GENOW.

GENOW may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that

the third party undertakes GENOW’ obligations to you under these Terms.

COMPLETE TERMS

These Terms, together with the policies that are an integral part of these Terms, namely the Privacy Policy and the

Copyright Policy, shall all constitute the entire and complete agreement between you and GENOW concerning the

GENOW Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to

the user during Software installation, these Terms shall prevail.

NO LEGAL RELATIONSHIP

These Terms of Use and your use of the Service, including the submission of Content onto the Service, do not, and

shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or

franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service

is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with

these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or

other contributions you have made to the GENOW Service, its contents, maps and any other data.

CONTACT US

You may contact us concerning any question about the Service, through the forms in https://support.genow.fr. We

will make our best efforts to address your inquiry promptly.