PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING Eve.

Eve Communications, Inc. , Inc. at its discretion, its affiliates, (“Eve Communications, Inc. ”, “we” or “our”) welcomes its users (“you” or “your”) to use the Eve® Solution (as defined below) including the relevant services provided through the Eve or through our Support Services (the Eve and any Support Services, collectively, the “Services”) (all as defined in more detail hereunder).

You may use the Services solely in accordance with these terms and conditions (“Terms of Use”), our privacy policy(“Privacy Policy”), and any applicable rules, policies, and terms posted on our website(s), located at www.IamEve.ai (each a “Site” and collectively, the “Sites”) and through Eve (collectively, the “Terms”). These Eve Terms of Use do not apply to the use of our Sites or any of their subdomains, use of which is governed solely by our Website Terms of Use and Website Privacy Policy located at www.IamEve.ai/pages/website-terms-of-use and at www.IamEve.ai/pages/website-privacy-policy respectively.

By registering to be a User of Eve (as defined below) and, in any event, by using the Eve, you expressly acknowledge and agree that you are entering into a legal agreement with Eve Communications, Inc, and have understood and agree to comply with, and be legally bound by our Terms.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE EVE IN ANY MANNER.

For the purpose of these Eve Terms of Use:

“Eve” means the Eve Device (as defined below), Integrated Services and availability of Compatible Services and other related services.

“Eve Device” means the Eve proprietary digital devices, composed of the Eve speaker system and any other peripheral equipment that is made available by Eve Communications, Inc, and any hardware and firmware therein, or that is otherwise made available by Eve Communications, Inc.  or on its behalf or by any of its resellers or distributors that enable access to the Services.

“Fees” means the Subscription Fee, the Hardware Fee, Third Party Services Fee, the Late Return Fee, and the Service Fee. 

“Compatible Third-Party Products” means any tangible product that is not the Eve Device, with which Eve is designed to interact or co-operate, such as Eve supported  blood pressure measurement device or a glucose meter.

 “Compatible Services” means services or applications provided by third parties that have joined the Eve Communications, Inc.  Compatible Services Program, pursuant to which such services or applications may be made available to User to engage directly therewith, via the Eve (e.g. applicable primary care providers or social worker).

 “Integrated Services” means services or applications of third parties, purchased or ordered by Eve Communications, Inc.  from such third parties and re-sold or re-offered to Users, through the Eve (e.g. applicable music services, transportation services, fitness and wellness services).

“Third Party Services” shall mean Compatible Services and Integrated Services, collectively.

“Support Services” means the general support services that Eve Communications, Inc.  makes available to its Users through various mediums (telephone, chat messages, email, etc.) during working hours (as published by Eve Communications, Inc. ), to assist User’s use of the Eve.

1. SERVICES.

1.1. Eve. The Eve provides a digital companion solution for older adults who are registered with Eve Communications, Inc.  to use the Eve (“Users”), through which Users may communicate with family, friends and their caregivers (provided such persons are eligible for communication via the Eve), consume certain content, and configure certain functions of the Eve to assist Users in their everyday life. As further described below, the Services are not medical or health-related advice or services. The Eve may not be operated or used without an Eve Device, a valid User account, and a WiFi internet connection and electricity.

1.2. Eve Interactions, Your Data, Privacy. In order for us to provide you with the Eve, Eve Communications, Inc.  will process information transmitted or captured through or in connection with your use of the Eve (“Eve Interactions Data”). Our Privacy Policy describes how we use and handle such Eve Interaction Data. We care about your privacy and personal data. To learn more about our practices and your rights, please refer to our Privacy Policy, available at www.IamEve.ai/pages/privacy-policy (“Privacy Policy”).

1.3. No Access to Emergency Services. Eve is not a replacement for a traditional two-way telephone or mobile phone service, and does not function as such. You acknowledge that you cannot use the Eve to access emergency services, such as 911. The Eve is not designed or intended to be used to send or receive emergency communications to any police, fire department, hospital, or any other service that connects a user to a public safety answering point. You should ensure you can contact your relevant emergency services providers through a mobile, landline telephone, or other service.

IMPORTANT: NO MEDICAL ADVICE BY Eve Communications, Inc. 

Eve Communications, Inc. is not a health care provider, eve is not a medical device and we do not intend to provide any medical and/or mental health services. therefore, eve communications, inc.  has no responsibility whatsoever to any medical information provided or conveyed via the services, to any medical diagnosis information, determination or recommendation, including any treatment recommendations conveyed using the services by any user, including by a clinician.

Eve Communications, Inc. does not in any way endorse, recommend or assume any responsibility for any decision made or action taken or not taken wholly or partially in reliance on the service or any information conveyed via the service, or obtained therefrom, nor for any loss, injury, inconvenience, harm and/or damage incurred as a result of, or in connection with, the service or use thereof.

By using the service, you agree that eve communications, inc.  is not responsible or liable to you for any claim, loss, or damage arising from the service or its use by you or any other user. you acknowledge and agree that the use of the services and eve device is entirely at your own risk.

Eve is not an emergency service, and, in the event of an emergency, we encourage you to contact the relevant authorities.

Eve is not sponsored or endorsed in any manner by any medical or healthcare clinician, institution or any pharmaceutical corporation, and does not provide any endorsement for such or otherwise for any third party services.

2. ABILITY TO ACCEPT.

By registering, logging in and, in any event by using the Eve, you affirm that you are eighteen (18) years of age or older. If you are a child under the age of eighteen (18) (“Child”), you cannot register to the Eve. If we become aware of a violation of this Section 2, we reserve the right to suspend the infringing account without limiting our remedies in law or equity.

3. ORDER OF SUBSCRIPTIONS AND EVE DEVICES.

3.1. To use the Eve, register as a User and receive an Eve Device, you will be required to purchase a subscription to our Services (“Subscription”) or otherwise have a Subscription purchased for you by a third party designating you as the User. Subscriptions may be purchased by placing an order in our Site at www.IamEve.ai or through any other means we make available for such purpose, either on a monthly or annual basis (the “Subscription Period”). A Subscription Period is not cancellable, and Subscription Fees for such Subscription Period are not refundable, except as expressly set forth in these Terms or in a separate written agreement between the purchaser of the Subscription and Eve Communications, Inc.   Eve Communications, Inc.  may, at its sole discretion, reject any request to purchase a subscription or extend a current subscription for any reason whatsoever, including without limitation, not adhering to certain criteria set by Eve Communications, Inc.  for its approval of such requests.

3.2. Delivery and Installation. The Eve Device will be delivered to you after the completion of your order materially in accordance with the shipping terms provided to you under the applicable order for a Subscription, to the address you designated in your Subscription order. The Eve  Device may only be installed in your home residence address. If needed we will assist you remotely, through our support call center in installing an initial set-up of the Eve Device and Account.

3.3. You agree and acknowledge that the Eve Device provided to you in the scope of your Subscription, may be refurbished and not new and unused. Eve Communications, Inc.  shall provide you with an Eve Device in good working condition, if you have any questions regarding the above please contact us at help@IamEve.ai.

4. RETURNS AND CANCELLATIONS.

4.1.  Trial Period. We may offer individuals who purchase their first Eve Subscription in our Site at www.IamEve.ai, a Trial Period of 30 days, or such other period that we may present in the Site at the time of completion of the relevant order. During such Trial Period, the User may notify us of the cancellation of its Subscription, return to us the Eve Device (in accordance with the terms of sections ‎4.3, ‎4.4, ‎4.5 and ‎4.6) and following such return, receive a refund of the relevant Hardware Fee and pre-paid Subscription Fee, less a return fee in the amount $49.99, which is intended to cover for the shipping and the return costs of returning of the Eve Devices to us (“Return Fee”). The Trial Period will begin on the earlier of: (i) activation of the Eve Device, or (ii) 7 days following the delivery date of the Eve Device to User.

4.2. Upon expiration of a Subscription Period, it shall automatically renew to a new monthly Subscription Period, regardless of the expiring Subscription Period’s basis (annual or monthly), at the rate published by Eve Communications, Inc.  from time to time and which may change upon reasonable notice to youThis is done in order to prevent Users from unintentionally being automatically bound by a new annual Subscription Period. Subscription Periods shall not automatically renew where the User notifies Eve Communications, Inc.  at any time prior to the expected expiration of the Subscription Period, through the Eve Device or through the Site, that it intends not to renew it (“Notice of Non-Renewal”).

4.3. Upon Eve Communications, Inc.  receipt of a Notice of Non-Renewal, the Eve Service will continue to be available to you until the end of your Subscription Period. 

5. FEES; PAYMENTS.

5.1. Your Subscription to our Services and use thereof is to payment to Eve Communications, Inc.  of the following Fees either by User or by a third party designating you as the User:

5.1.1.       Hardware Fee. To initiate and facilitate your receipt of the Eve device, we charge an Hardware fee (“Hardware Fee”) in the amount presented to you in our Site at the time of order of a Subscription. The Hardware Fee is paid in consideration for shipping of the Eve Device to you, remote installation assistance, general onboarding support, account setup, device warranty and additional onboarding services that Eve Communications, Inc.  may offer you, from time to time.

5.1.2.       Subscription Fee. In consideration for making the Eve available to you during the relevant Subscription Period, we will charge you for the relevant Subscription Period fee in the amount presented to you in our Site at the time you order the relevant Subscription (the “Subscription Fee”).

5.1.3.       Third Party Services Fees. Use of Third Party Services may entail charges in the amount presented to you through the Eve prior to your order or request to receive such Third Party Services (“Third Party Services Fee”).

5.1.4.       Service Fee. In consideration for using Third Party Services via the Eve from time to time, we will charge you the applicable Service Fee applicable to the use of a Third Party Service by you in the amount represented to you on our Site or as published by us from time to time.

5.2. We are aware that life is complicated, some circumstances may arise where you may no longer be physically or mentally able to use our Services. In such circumstances Eve Communications, Inc.  will act in good faith to return to a User or otherwise the purchaser of the Subscription some or all of the Fees associated with the remaining unused Subscription.

5.3. Eve Communications, Inc.  reserves the right, at its sole discretion, to amend and update the Fees. Such amendments and updates of Fees shall apply only with respect to the future Subscription Periods or Third Party Services that have not yet been ordered by the user. Eve Communications, Inc.  further reserves the right to use certain information required in connection with the processing of payments of such Fees (including without limitation, contingent Fees pursuant to these Eve Terms of Use).

5.4. All payments in connection with the Fees to Services stipulated herein may be executed via various credit card and other third party payment service providers that we make available through our Services. By choosing to proceed with a payment via a third party service provider, you thereby: (a) agree to review and be bound by such third party payment service provider’s terms of use and privacy policy; and (b) acknowledge that you may need to hold or register an active account with that third party in order to complete a payment. We are not responsible or liable for any activities or conduct of a third-party payment service provider. You further agree and acknowledge that all applicable taxes in place in connection with the Fees (including without limitation sales taxes) shall be borne solely by you unless already borne by a third party who purchased the Subscription and designated you as the User.

6. ACCOUNT.

6.1. In order to use Eve you will have to create or receive from us, and use an account (an “Account”).

6.2. If you create an Account, you must provide accurate and complete information about yourself, and agree to not misrepresent any of the personal information provided for the Account and to keep your Account information accurate and up to date.

6.3. The Eve is designed to be used by a registered adult User at the location initially designated for its installation. You are solely responsible for the activity that occurs in your Account, and through your Eve Device, and you must keep your Eve Device secure. You must notify us immediately of any unauthorized use of your Account at help@IamEve.ai. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the Terms or from any unauthorized use of your Account or any other breach of security. You may be liable for the losses of Eve Communications, Inc.  and/or others due to any such use.

6.4. We can terminate or disable your account immediately to protect Eve or the Services, if you, or anyone using your Account, create risk or legal exposure for us, violate these Terms of Use, infringe other people’s rights, or misuse Eve, our Content or our Services. If we take action to disable or terminate your Account, we will notify you where appropriate. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, please contact us at help@IamEve.ai.

6.5. If you wish to modify your Account information you may do so by contacting Eve Communications, Inc. ’ Support Services at: at help@IamEve.ai.

7. LICENSE.

Subject to your compliance with the Terms, we grant you, for the duration of the relevant Subscription Period, a personal, limited, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”), to register, to access, and to use the Eve solely through your interaction with the Eve Device installed at your residence address in the scope of the Subscription you purchased hereunder

8. USER REPRESENTATIONS AND UNDERTAKINGS.

8.1. You hereby represent and warrant that:

●  You possess the legal authority to enter into these Eve Terms of Use and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder all on behalf of yourself.

●  You possess the knowledge and judgment necessary to decide whether to use the Service or otherwise rely on any information or content available therein;

●  Your use of any Third Party Services is considered as your approval for Eve Communications, Inc.  to act on your behalf and facilitate your receipt and consumption of Third Party Services you choose to order and consume in the scope of your Subscription, for all purposes. In connection with the foregoing, you acknowledge and agree that Eve Communications, Inc.  shall not be liable for any damages or bodily injury that may result from the receipt and/or consumption of such Third Party Services which may be included as part of the Eve

●  You will obtain appropriate health advice (including medical advice) to protect your interests and health before relying on any information or content provided through your use of the Services or Eve Device (including, any healthcare, medical, or wellness related information provided through the Eve). You acknowledge that nothing in the Service is intended to create a professional relationship (including any doctor-patient or advisor-advisee relationship) between you and Eve Communications, Inc.  and that the Services shall not be deemed a substitute for medical or other professional advice, and that you may not solely or fundamentally rely on any information, content or any features you find on or through the Service;

●  The execution of the 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 that you are responsible for complying with applicable laws regarding your use of the Service; and

●  These Terms form a binding contract between you and Eve Communications, Inc.

●  You understand and agree that in your use of the Service you may use the Eve to communicate with Compatible Services that provide health care services or that otherwise may affect your health and wellbeing, and that you do not rely on the accuracy and completeness of data so communicated through the Eve You are solely responsible to and you shall ensure that you continuously verify and monitor information communicated through the Eve to such Compatible Services (e.g. ensure that the information required by such health care services and provided by you via the use of the Eve Device is correct and up to date).

●  You commit to bear all costs and expenses associated with your use of the Eve and any Services related thereto including without limitation all costs associated with your use of Third Party Services.

●  You may not assign or transfer your rights or delegate your duties under the Account, Subscription and/or these Terms without the prior written consent of Eve Communications, Inc. .

 9. ACCIDENTAL DAMAGE; REPLACEMENTS POLICY.

9.1. We are aware that in some cases our Eve devices may suffer intentional or accidental damage or get stolen. You hereby commit to take reasonable care of the device and inform us in a timely manner should the Eve device provided to you be subject to damage, theft, or other circumstances where the integrity of our Eve device be adversely affected.

9.2. Eve Communications, Inc.  will make best efforts to provide you with a replacement Eve device, should the device be damaged, display functionality issues or otherwise be inoperable. Eve Communications, Inc.  reserves the right to charge you for damages caused to the Eve Device in accordance with these Eve Terms of Use.

10. MAINTENANCE AND SUPPORT.

In the case that your Eve Device requires support or maintenance Eve Communications, Inc.  shall make best efforts to respond to your request in a timely manner. To the extent you require such support or maintenance, please contact us at help@IAMEve.AI.

11. LICENSE RESTRICTIONS.

11.1. The Services are permitted for use solely by persons in the US. By using the Services, you hereby represent that you (and to the extent applicable, anyone using the Services on your behalf) perform such use solely from within the United States of America.

11.2. Certain conduct is strictly prohibited in connection with our Services. Please read the following restrictions carefully. Your failure to comply with the following provision may result (at Eve Communications, Inc. ’ sole discretion) in the termination of your access to the Services and may also expose you to civil and/or criminal liability.

You may not, and may not allow any person on your behalf to: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services, or any information and any other content made available or displayed or presented to you through the Services (including without limitation, contact information, videos, text, logos, button icons, images, data compilations, information, Third Party Content (as defined below), links, other specialized content, documentation, data, related graphics and other features (collectively, the “Content”), in any way or publicly display, perform, or distribute them; (ii) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (iii) transmit or otherwise make available in connection with our Services or any Third Party Service 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; (iv) interfere with or disrupt the operation of our Services, of the servers or networks that host our Services, or of any Third Party Service, or disobey any requirements, procedures, policies, or regulations of such Third Party Service, servers or networks; (v) sell, license, use or exploit for any commercial purposes or for any purposes which are not a User’s reasonable personal use, any use of or access to the Content, the Services or any Third Party Services; (vi)  transfer and/or assign the User’s Account’s password, even temporary, to any third party or otherwise transfer or relocate the Eve Device to any location which is not the original location of installation of such Eve Device without obtaining Eve Communications, Inc.  prior written consent; (vii) use the Services or Third Party Services for any illegal, immoral or unauthorized purpose; (viii) use or otherwise interact with any Third Party Services in a manner that is uncustomary or that otherwise may expose Eve Communications, Inc.  to third party claims including systematically aggregating and storing Content or retaining Content consumed offline or through other devices, systems and networks; or (ix) Communicate through the Eve, any information, imagery and other content which is proprietary information of any third party without obtaining such third party’s prior written approval, or that is otherwise harassing, offensive, indecent, pornographic, illegal, abusive or vulgar;

12. INTELLECTUAL PROPERTY RIGHTS.

12.1. Ownership. 

Eve is licensed and not sold to you under these Terms and you acknowledge that Eve Communications, Inc.  and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to Eve (and its related hardware and software). We reserve all rights not expressly granted herein to the Eve. “Intellectual Property Rights” means any and all rights, titles and interests in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.

12.2. Content. The content within the Eve, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials”), and the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials, the “Content”), is the property of Eve Communications, Inc.  and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Eve Communications, Inc. ”, “Eve”, and Eve Communications, Inc. /Eve logo are Marks of Eve Communications, Inc.  and its affiliates. All other Marks used on the Eve Devices are the trademarks, service marks, or logos of their respective owners.

12.3. Use of Content. The Content on Eve. is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.

12.4. Functionality; Content. You may encounter content through Eve that you find offensive, indecent, or objectionable. Eve Communications, Inc.  has no responsibility or liability for such content.

13. Third Party Services.

If you choose to use a Compatible Service in the scope of your use of the Eve, you agree that such use is subject to the terms and conditions and privacy policy applicable to such Compatible Service (“Compatible Service Terms”)  that may be presented to you by Eve Communications, Inc.  including via the Eve interface or website. and you agree to abide by such terms and conditions and policies.  If you do not accept the Compatible Services Terms, do not use those Compatible Services.

Integrated Services are services provided by third parties, and which are delivered by Eve Communications, Inc.  “As Is” to Users through their use and access to the Eve. Integrated Services delivered to Users hereunder are governed by these Eve Terms of Use.     

When using a Third-Party Service, you are responsible for any information you provide to or obtain or consume from, the third party (“Third Party Content”). Eve Communications, Inc.  has no responsibility or liability for Third Party Services or Third Party Content. Third-Party Services providers may change or discontinue the functionality or features of their Third-Party Service.

14. Third Party Open Source Software.

Portions of Eve may include third party open source software that are subject to third party terms and conditions (“Third Party Terms”). If there is a conflict between any Third-Party Terms and the terms of this Agreement, then the Third-Party Terms shall prevail but solely in connection with the related third-party open source software. Notwithstanding anything in these Terms to the contrary, Eve Communications, Inc.  makes no warranty or indemnity hereunder with respect to any third-party open source software.

15. Warranty Disclaimers.

15.1. The eve device and services are provided on an “as is” and “as available” basis without warranties of any kind including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, workmanship, or craftsmanship of the eve device and those arising by statute or from a course of dealing or usage of trade.

15.2. We do not warrant that the eve device or the services will operate error-free, that the eve is free of viruses or other harmful code or that we will correct any errors in eve. You agree that we will not be held responsible for any consequences to you or any third party that may result from technical problems including without limitation in connection with the internet (such as slow connections, traffic congestion or overload of our or other servers) or any telecommunications or internet providers.

15.3. If you have a dispute with any other eve user or third party, you agree that we are not liable for any claims or damages arising out of or connected with such a dispute. We reserve the right, but have no obligation, to monitor or participate in any such dispute.

15.4. Eve communications, inc.  Shall have no liability with respect to any damages arising from your use of third party products and third party services.

15.5. Medical and mental disclaimer. Eve communications, inc. And anyone acting on our behalf, including any support services representative, concierge services representative, wellness coach services representative, or any other person communicating on behalf of eve communications, inc. With you, are not a licensed medical or mental care provider, and no communication with such persons may be deemed as medical services or consultation. Eve products and services are not intended to replace professional medical advice or diagnose, treat or manage any illness, mental or medical condition. We disclaim any liability in this regard.

15.6. Eve communications, inc  is not responsible for any personal injury or any other damages that may result, directly or indirectly, from any use or misuse of any kind of the eve or the services. We disclaim any liability in this regard.

15.7.    The eve device is not an emergency service and/or life saving device. User behavior and environment or otherwise any user engagement with eve or input of voice or text to eve may not be monitored in real time and therefore eve and eve communications, inc. May not be relied upon to detect threats, risks or any emergency events, and users are not exempt from using emergency services or other professional persons, where necessary. We disclaim any liability in this regard. You hereby waive any claims against eve communications, inc. With respect to any action or omission we may take or make with respect to any threats, risks or emergency events we are or are not, aware of.

15.8. Without derogating from the above, if we become aware of unlawful or prohibited behavior on, or use of, our services, we reserve the right (but shall have no obligation) to report such unlawful and prohibited use or behavior to the relevant authorities and you waive any and all claims with respect to such reporting.

15.9. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.

16. Limitation of Liability.

To the maximum extent permitted by law, under no circumstances shall eve communications, inc.  Be liable for any reason, including, without limitation, for your use or the consequences of your use of the eve device, or your inability to use eve, or for any direct, special, 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 eve even if eve communications, inc  has been advised of the possibility of such damages.

In no event shall the aggregate liability of eve communications, inc.  For any damages arising under these terms or out of your use of, or inability to use, the eve device and/or service exceed the total amount of fees, if any, paid by you to eve communications, inc.  For using eve during the three (3) months prior to bringing the claim or u.S. $1.00, whichever is higher.

17. Indemnity.

You agree to defend, indemnify and hold harmless Eve Communications, Inc.  and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of any Third Party Products or Third Party Services; (ii) your violation of These Terms or Applicable laws, regulations or obligations; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.

18. Export Laws.

You agree to comply fully with all Applicable export laws and regulations to ensure that neither Eve nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

19. Updates and Upgrades.

We may from time to time provide updates or upgrades to Eve (each a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of Eve All references herein to Eve shall include Revisions. These Terms shall govern any Revisions that replace or supplement the original Eve, unless the Revision is accompanied by a separate license agreement, which will govern the Revision.

20. Term and Termination.

This Agreement shall terminate upon the expiration or termination of a Subscription and following return of the Eve Device in accordance with these Eve Terms of Use to Eve Communications, Inc.  or otherwise in case of termination for User’s breach of these Eve Terms of Use. In any case of termination or expiration of these Eve Terms of Use, all rights and entitlements granted to you by Eve Communications, Inc.  hereunder shall cease and expire and you shall cease all use of the Eve and return the Eve Device to Eve Communications, Inc.  in accordance herewith. This Section ‎20 and Sections, 4.1 (Trial Period) 4.4, 4.5, 12 (Intellectual Property Rights), ‎‎1.2 (Eve Interactions), ‎‎15 (Warranty Disclaimers), ‎16 (Limitation of Liability), ‎17 (Indemnity), and ‎21 (Assignment) to ‎24 (General) shall survive termination of these Eve Terms of Use.

21. Assignment.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Eve Communications, Inc.  without restriction or notification.

22.  Modification.

We may change, suspend, or discontinue the Eve, or any part of it, at any time without notice. We reserve the right to modify these Terms at any time by sending you an in-Eve notification and/or publishing the revised Agreement on Eve. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of Eve thereafter means that you accept those changes.

23. Governing Law and Disputes.

These Terms shall be governed by and construed in accordance with the laws of the State of New York (US) without regard to its conflict of laws or rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York City (New York, US), and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. This Section is not intended to limit your rights under applicable law and/or consumer-protection regulations that under such laws or regulations cannot be limited or excluded.

24. This Agreement, and any other legal notices published by us in connection with the Eve, shall constitute the entire agreement between you and Eve Communications, Inc.  concerning the Eve device and services. In the event of a conflict between These Terms and any of the foregoing, the terms of These Terms shall prevail. No amendment to These Terms will be binding unless in writing and signed by Eve Communications, Inc. . If any provision of These Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of These Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under These Terms shall not constitute a waiver of such right or provision.