VeVenT Minute Memo Website and Software Term of Use
Last Revised: Dec 2, 2008

Welcome to mimoapp.com (the "Website") operated by Vevent Inc. ("VeVenT").

1. Acceptance of the Terms

The following terms of use govern your use of the Website and the Minute Memo Software (the "Software"). BY ENTERING AND USING THE WEBSITE OR BY DOWNLOADING THE SOFTWARE YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE VEVENT WEBSITE AND SOFTWARE TERMS OF USE, INCLUDING THE TERMS AVAILABLE BY HYPERLINK IN THE PRIVACY POLICY (COLLECTIVELY, THE "TERMS"), YOU AGREE TO BE BOUND BY THE TERMS, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING THE USE OF THE WEBSITE AND THE SOFTWARE. If you do not agree to these Terms, please do not use the Website and the Software.

2. We may change these Terms, including access to the Websitde

Access to the Website may not be available at all times or in all areas. VeVenT may permit you to enter the Website, or deny entry to you, at any time and upon its sole discretion. VeVenT reserves the right to, at anytime, by posting the amended Terms on this Website: (a) modify or discontinue, temporarily or permanently, this Website and/or Software, or any part thereof, without notice; and (b) charge fees for the use of this Website and/or Software. You agree that VeVenT shall not be liable to you or to any third party for any modification, suspension, or discontinuance of Website or Software. The Terms may be revised and updated from time to time without a notice to you. You can review the most current version of the Terms at any time at: http://www.mimoapp.com/tos . All new features made available through this Website or the Software that were not made available as of the "Last Revised" date above, shall automatically become subject to these Terms. YOUR CONTINUED USE OF THIS WEBSITE OR THE SOFTWARE AFTER ANY SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF SUCH CHANGES.

3. VeVenT Website and Software – General Information

The Website: The Website provides its users with information about our recording Software

The Software: The Software, available for download and/or purchase from the Apple application Store (the “App Store” ), provides you with the ability of real-time audio recording, including real-time recording of meetings and/or presentations, and up to 5 minutes retroactive audio recording, via your mobile-phone device (depending on the version of the Software that you purchased).

License to Use the Software: Subject to these Terms, VeVenT hereby grants you a personal, non-commercial non-exclusive, non-transferable, license to use the Software for the purpose of real-time audio recording, including real-time recording of meetings and/or presentations, and up to 5 minutes retroactive audio recording via your mobile-phone device (depending on the version of the software that you have purchased), provided that you use the Software for legal purposes only, comply with any appropriate law, including any intellectual property law, wiretapping, privacy protection and libel laws, and, in and when required under any applicable law, obtain the recorded object's actual and direct consent (collectively, the "License").

4. What can you not do with the Website and/or the Software

You may not (i) copy, distribute, reproduce, use or allow third party to access the Software or the Website, except as specifically provided herein; (ii) copy, modify, adapt, translate, reverse engineer, decompile, disassemble, convert or apply any procedure or process to the Software or Website in order to ascertain, derive, and/or appropriate for any reason or purpose, including the Software source code or any trade secret information or process contained in the Software or the Website in any way; (iii) modify and/or create a derivative work of any part of the Software or Website; (iv) create a browser or border environment around the Website (no frames or inline linking is allowed); (v) interfere with or disrupt the operation of the Website or the servers or networks that host the Website or make this Website available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers, or networks; (vi) impersonate any person or entity, including, but not limited to, any VeVenT agent or representative, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that VeVenT endorses you, your website, your business or any statement you make, or present false information about VeVenT Software or Website ; (vii) transmit or otherwise make available in connection with this Website 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; (viii) record or create, using the Software, any User Content which violates or infringes any third-party rights, including intellectual property rights or other propriety rights, or contains any unlawful material; (viii) violate, or post User Content which violates any law, statute, ordinance or regulation, including, but not limited to, any intellectual property, wiretapping, privacy protection and libel laws; or (ix) use the Software or the Website for any illegal or unauthorized purpose. YOUR FAILURE TO COMPLY WITH THE PROVISIONS SET FORTH HEREIN MAY RESULT MAY EXPOSE YOU TO CIVIL AND/OR CRIMINAL LIABILITY.
Without limiting other remedies available, VeVenT may, without prior notice, limit, suspend, or prohibit access to its Website, and take technical and legal steps to deny your access, use and/or participation in and to the Website and/or Software, upon its sole discretion, including if VeVenT thinks that they are problematic, hazardous or unlawful acts that are inconsistent with this Terms.

5. User Content

As indicate in the grant of the License above, you can use the Software for audio recording, provided that you comply with any appropriate law, including any intellectual property law, wiretapping, privacy protection and libel laws, and, in and when required under any applicable law, obtain the recorded object's actual and direct consent. You are solely responsible for any and all of User Content recorded, transferred or uploaded by you.

6. Your Representation

As a condition for your use of this Website and Software you hereby represent and warrant that (i) you possess the legal authority to enter into this Terms and to form a binding agreement under any applicable law, to use the Website and Software in accordance with the Terms, and to fully perform your obligations hereunder; (ii) the execution of these Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; and (iii) you have all rights, permissions, approvals and authorities necessary for creating the User Content, you have complied with appropriate law, including any intellectual property law, wiretapping, privacy protection and libel laws, and, in and when required under any applicable law, you have obtained the recorded object's actual and direct consent prior to and during the creation of the User Content using the Software; and (iv) you are the sole responsible for any and all of your User Content.

7. Intellectual Property Rights

The Website and the Software, including, without limitation, the text, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, excluding any User Content, (collectively "Intellectual Property"), are solely owned by or licensed to VeVenT. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property without the prior express written permission of VeVenT.

8. Your Right to Privacy

VeVenT respects your privacy and is committed to protecting the personal information that you share with it. VeVenT believes you have a right to know its practices regarding the information VeVenT may collect when you visit the Website and use the Software. VeVenT policy and practices and the type of information collected, are described in the Privacy Policy.

9. Links to Third Party Websites

Certain links provided herein permit you to leave the Website and enter third party's World Wide Web sites or resources. Those linked sites are provided solely as a convenience to you. These linked sites are not under the control of VeVenT and VeVenT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content advertising, products or other information on or available from such linked sites or any link contained in a linked site. VeVenT reserves the right to terminate any link at any time. You further acknowledge and agree that VeVenT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource.

10. No Warranty and Disclaimer from Liability

THE SOFTWARE LICENSED TO YOU AND THE WEBSITE PROVIDED TO YOU UNDER THIS TERMS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. VeVenT makes no warranty to you or any other third party of any kind with respect to the Software and the Website and hereby disclaimers all warranties, express or implied, including, without limitation, warranties of title, non-infringement, merchantability and fitness for a particular purpose including and without derogating from the above, any warranties and rights implied under the US Uniform Commercial Code, UCITA (Uniform Computer Information Transactions Act) and common law. VeVenT does not warrant that the Software and the Website will be uninterrupted or error-free. NOR DOES VEVENT ENDORSE, RECOMMEND OR MAKE ANY WARRANTY AS TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, THE SOFTWARE OR LINKED SITES. No Agent, distributor or representative is authorized to make any warranties on behalf of VeVenT or to assume for VeVenT any other liability. THE USE OF THE WEBSITE AND SOFTWARE IS ENTIRELY AT YOUR OWN RISK.

VEVENT HAS NO LIABILITY FOR, OR CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF THE USER CONTENT CREATED WITH ITS SOFTWARE. VEVENT WILL NOT BE LIABLE FOR ANY INJURIES OR DAMAGES TO ANY PERSONS OR TANGIBLE OR INTANGIBLE PROPERTY RESULTING FROM ANY CAUSE WHATSOEVER. IN ADDITION, IN NO EVENT WILL VEVENT BE LIABLE FOR ANY DAMAGE RESULTING FROM LOSS OF DATA, LOSS OF USE OR LOSS OF REVENUE OR PROFIT AND VEVENT FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF VEVENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if VeVenT is found to be liable under any applicable law despite the explicit disclaimer under this Terms, VeVenT's liability to you or to any third-party shall not exceed the aggregate amount of $100 (one hundred U.S. Dollars) only, whether in contract, tort (including negligence of breach of statutory duty) or otherwise, or for any loss, damage or liability whatsoever.

11. Indemnification

You agree to defend, indemnify and hold harmless VeVenT, and its officers, directors, employees, agents, members and licensees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your breach of any of the representations and warranties under these Terms; (ii) your use of the Software and Website; (iii) your User Content; (iv) your breach of any term of the Terms (v) your violation of any third-party right, including without limitation any intellectual property right, property right, or privacy right;

12. General

These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to the Software or the Website will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Software or the Website will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts in the State of Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms are the entire terms and conditions between you and VeVenT relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and VeVenT. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.