UNPLUGGED APP CENTER TERMS OF SERVICE

The following terms between Unplugged Technologies Ltd. and its affiliates  (“Unplugged”, “us”, “we” or “our”) and you, either individually, or on behalf of your employer or any other entity which you represent (“you” or “your”), together with our Privacy Policy, govern using the Unplugged App Center (the “App Center”).

The use of the App Center on your part expresses your approval and consent to act subject to these Terms of Services and privacy policy (hereinafter collectively: the "terms"). You may use the App Center to browse applications, search for applications and download them to use in connection with the UP Phone.

You accept the terms and conditions (1) by clicking to agree or accept when these options are presented to you, or (2) by actually using the App Store through the application or web service. To use the App Store you must be 13 years of age or older. If you are between the ages of 13 and 18, you must obtain permission from your parent or legal guardian to use the App Center.

In case you represent your employer or another entity, you hereby represent that (a) you have full legal authority to bind your employer or such entity (as applicable) as set forth herein; and (b) you read and understood the terms of service herein, and you agree to them on behalf of your employer or the respective entity (as applicable).

Your Use of The App Center
To access certain services on the App Center, you may need to create an account. You hereby agree that the accuracy of the data you provide to Unplugged shall be at your own responsibility.

You agree to use the App Center only for the purposes permitted by (a) the terms herein, and (b) the applicable law, regulations, guidelines or generally accepted procedures in the relevant jurisdictions. You agree to comply with all applicable export controls, including without limitation, the Export Administration Regulations of the US Department of Commerce and sanctions programs administered by the Office of Foreign Assets Control of the US Department of the Treasury. In your actual use of the App Center, you declare and undertake that you are not prevented from receiving export items or services under US laws or other export laws in accordance with applicable law. You agree to comply with all local laws and regulations Regarding downloading the products, installing them and/or using them.

You may access and use the App Center for your personal and internal business purposes. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any data or information from the App Center without our permission. Unplugged reserves all rights to the App Center not expressly granted by us; Unplugged and third party app providers (as applicable) reserve all rights to the Apps not expressly granted, whether by implication, estoppel, or otherwise. You may not: (i)   circumvent or bypass any technological protection measures in or relating to the applications and products; (ii)   disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the App Center or Apps (as defined below), except and only to the extent that applicable copyright law expressly permits doing so; (iii)   publish, copy, rent, lease, sell, export, import, distribute, or lend the App Center or Apps; or (iv)   enable access to the Apps by unauthorized third-party applications or otherwise in a manner intended to avoid incurring fees or to circumvent usage limits or quotas.

Unplugged reserves the right (but shall not be obligated at all) to pre-sort, check, mark, filter, edit, reject or remove certain apps or all apps from the App Center. However, you agree that during the use of the App Center you may be exposed to apps that you may consider offensive, inappropriate or controversial, and that your use of the App Center is solely your responsibility.

Third Party Apps
The App Center provides a selection of ready-made apps (“Apps”). Most Apps are developed by third parties (“Third Party” and “Third Party Apps”), although some may be developed by Unplugged itself (“Unplugged Apps”). Please note that THIRD PARTY APPS ARE NOT PART OF THE UNPLUGGED SERVICE; they are classified as “Third Party Services.” ALL THIRD PARTY APP PROVIDERS ARE INDEPENDENT FROM UNPLUGGED. Be particularly aware of the exclusion of warranties and limitations of liability in the Terms of Service, and remember that your agreement is with each respective third party, not Unplugged Privacy Policy or other terms, governs how your data is handled within Third Party Services.

Unplugged does not develop, maintain, or support Third Party Apps. When you enable or use a Third Party App, you are entering into a direct agreement with the Third Party provider, subject to the terms and conditions they set. Unplugged is not a party to these terms and is not responsible for any aspect of the Third Party App or for the actions or omissions of the Third Party provider. In many cases, a Third Party App will display its terms of use when you first open or use it. If they are not presented, it is your responsibility to locate and review them, for example, in the relevant section of the app or on the developer’s website. Your use of any Third Party App is at your own risk, and we encourage you to enable and use these Apps only if you trust the provider. Although Unplugged conducts limited reviews of Third Party Apps for functionality and security and may host them, we do not endorse any Third Party App. It is your responsibility to evaluate each App before use, and you agree that Unplugged will bear no liability as a result of listing, reviewing, certifying, or enabling any Third Party App.

If you have a dispute with a Third Party App provider, you agree to release Unplugged from all claims, demands, and damages (both actual and consequential) of any kind and nature, known and unknown, arising out of or related to such disputes.

Some Apps are offered at no charge, while others may require payment. To access paid Apps or features, you must pay the fees, including any applicable taxes directly to the Third Party provider. All payments are made directly to the Third Party provider and Unplugged does not collect any payment on behalf of such Third Party Apps.

Copyright Policy
We respect the rights of copyright owners and are committed to promptly addressing copyright infringement claims. We do not allow any content that infringes copyright. The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of this EULA. However, not all unauthorized uses of copyrighted content constitute a copyright infringement. 

If you are Third Party App developer or owner believes that there is an App in the App Center that infringes your intellectual property rights in a manner that constitutes a copyright infringement, or of any third party in which you are authorized to act on its behalf, you may submit a DMCA copyright infringement notice to our authorized Agent ("DMCA Notice"). We will respond to your DMCA Notice within a reasonable amount of time.

DMCA Notice
To file a DMCA Notice, you must provide a written communication to our designated agent with the following information: (i) Which copyrighted work or material that you claim has been infringed, sufficient information to enable us to locate the material, including at a minimum, the location within the App where such material may be found and screenshots of such material. If multiple copyrighted works are covered by this DMCA Notice – please provide a representative list of the applicable copyrighted works. (ii) Your contact information – name, mailing address, phone number, and email address.  (iii) A statement that you have a good-faith belief that the use of the copyrighted material is not authorized, in the following wording: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” (iv) A statement, that the information provided is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf, in the following wording: “I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.” (v) A physical or electronic signature of a person authorized to act on behalf of the owner of the applicable copyright that has been allegedly infringed. The DMCA Notice shall be sent to the agent’s email at: legal@unplugged.com

Upon receipt of a valid DMCA Notice (with all the information requested and detailed above), we may: (i) Remove or disable access to the allegedly infringing content, or take other necessary actions, within a reasonable time; (ii) Notify the alleged infringer of the complaint, including the nature of the alleged infringement and the complainant's contact information; and (iii) Provide the alleged infringer with an opportunity to file a counter-notification. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from its owner, you may send a counter-notification containing the same information as specify above. 

Disclaimer of warranty
THE APP CENTER AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND. YOU USE THEM AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, UNPLUGGED, ON BEHALF OF ITSELF AND ANY OF ITS AFFILIATES, LICENSORS, DISTRIBUTORS, THIRD PARTY SUPPLIERS AND OWNERS OF THE MOBILE PLATFORMS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. WITHOUT LIMITATION, UNPLUGGED MAKES NO WARRANTY THAT THE APP CENTER AND RELATED SERVICES AND THE QUALITY THEREOF WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, CORRECT, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE, APP AND RELATED SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF PROPERTY DAMAGE OR LOSSES ARISING FROM YOUR USE OF OUR APP OR RELATED SERVICES, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY, OR DUE TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, INCLUDING ANY DAMAGE OR LOSSES BECAUSE OF USE OF ANY CONTENT.

Limitation of liability
UNDER NO CIRCUMSTANCES WILL UNPLUGGED OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, COMMISSIONAIRES OR LICENSORS BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY OR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE APP CENTER OR RELATED SERVICES, BREACH OF CONTRACT, UNAUTHORISED ACCESS, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER ACTION BY ANY THIRD PARTY, EVEN IF WE OR OUR AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM THIS TERMS Of SERVICES OR RELATED TO YOUR USE OF THE APP CENTER OR RELATED SERVICES, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNTS OF $100.

Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD UNPLUGGED, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, COMMISSIONAIRES OR LICENSORS HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS, SUITS, LOSSES, LIABILITY, DAMAGES COSTS AND/OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYSS, WEBSUTE’ FEES) ARISING FROM YOUR OR INCURRED AS A RESULT OF YOUR USE OF THE APP CENTER OR RELATED SERVICES, OR ANY KIND OF ALLEGED OR ACTUAL BREACH BY YOU OF THIS TERMS Of SERVICES, OR ANY INFRINGEMENT BY YOU OR ANY THIRD PARTY OF ANY INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF OTHER PERSONS.

Changes to the App Center
Unplugged may remove Apps from the App Center or block the functionality of Apps at its sole discretion. Even if you are affected by such actions of Unplugged, you agree that you will not have a claim toward Unplugged. We do not guarantee that Apps interoperate with our service, or that changes to our services will not cause Apps to cease to interoperate with our service in whole or in part. We may discontinue the App Center.
We can make amendments to Terms of Services from time to time. In case of material amendments You will be also notified by an in-app message or by e-mail. Your continued use of the App Center and Services after the Terms of Services has been amended shall mean that You accept the amendment to Terms of Services. If You do not agree with any amendment to this Terms of Services, you shall discontinue using the App Center or any related Services.

General 
Applicable Law. These Terms will be governed and interpreted under the laws of state of Delaware excluding its principles of conflict of laws. The Parties agree that the exclusive forum for any action or proceeding will be in Delaware, USA. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Force Majeure. We shall not be liable for any failure due to causes beyond its reasonable control including, but not limited to, nature disaster, riot, war, strike, epidemics, acts of terrorism. In an event of force majeure condition, our time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting us to any liability. 

Assignment. You may not assign or transfer these Terms or any rights or delegate any duties herein and therein without our prior written consent. Any attempted assignment, transfer or delegation in contravention of this section by you will be null and void. These Terms will inure to the benefit of the Parties hereto and their permitted successors and assigns. We may assign these terms in connection with a merger, acquisition, sale of all or substantially all of our shares or any assets, or other such corporate reorganization. 
Nonwaiver. Any failure or delay by us to exercise or partially exercise any right, power or privilege under these Terms will not be deemed a waiver of any such right, power or privilege under these Terms. No waiver by us of a breach of any term, provision or condition of these Terms by you will constitute a waiver of any succeeding breach of the same or any other provision hereof. No such waiver will be valid unless executed in writing by us.

Severability. If any term or condition of these Terms is to any extent held invalid or unenforceable by a court of competent jurisdiction, the remainder of these Terms will not be affected thereby, and each term and condition will be valid and enforceable to the fullest extent permitted by law.

Entire Agreement. These Terms constitute the entire agreement between the Parties relating to the subject matter hereof, and there are no other representations, understandings or agreements between the Parties relating to the subject matter hereof. 

Last update: November 6, 2025