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Last Updated: Sept 1, 2020

Lux Optics TM TERMS OF USE
These are our Terms and Conditions. First off, thanks for reading this — we
realize most people don’t, and you probably care, so we have made these as
easy to read as we can. That being said, if you have any questions or concerns,
please ask us: you can email us at support@halide.cam and we’ll read and
reply to every email personally. We’re just a small team of three people,
so we really appreciate any feedback we get.

OK, now, to the legal stuff:
Lux Optics Ltd. offers mobile software applications (each, an "App") and web
 services (each, a "Web Service"), allowing you to create, edit, and perfect 
 pho- tos, create images, edit videos and share your creations through social
  media and email, or enjoy our how-to guides.
This Terms of Use (the "Agreement") is a contract you are entering into with 
Lux Optics – so you should read through all of it. Lux Optics can also make 
changes to this Agreement – see more details about that in Section 11.211.2 
(Agreement Modifications by Lux Optics) below. If you are entering into this 
Agreement on behalf of an entity (such as your employer), you represent that 
you have full authority to bind such entity to this Agreement, and in such
 cases references to "you" and "your" shall mean that entity.
ARBITRATION NOTICE: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION AGREEMENT.
 PLEASE READ THAT SCHEDULE CAREFUL- LY, SINCE IT MAY REQUIRE YOU AND Lux Optics
  TO ARBITRATE CERTAIN DISPUTES AND LIMIT THE MANNER IN WHICH BOTH PARTIES CAN
   SEEK RELIEF. THERE IS, HOWEVER, AN OPTION TO OPT-OUT.
As used herein: (a) "Services" means the Apps and Web Services collectively 
and/or individually (as the case may be), as well as any related intellectual 
prop- erty (such as Service Content and Features); (b) "Content" means any text, data,

 information, files, images, graphics, sounds, music, videos, code, audio clips, 
 links, and/or other similar materials; and (c) "Service Content" means any Con- 
 tent (excluding your Account Content) appearing or made available on or in the 
 Services. For the avoidance of doubt, Stock Content is an example of Service Content.

1. Lux Optics SERVICES AND CONTENT
• 1.1. Your Rights. Subject to the terms and conditions of this Agreement, you
are given a personal license and right to access and use the applicable Services 
(and in the case of an App, to also install the App on your de- vice) 
(collectively, the "Subscription"). This Subscription is non- exclu- sive, non-transferable, 
and non-sublicensable, and the Subscription only lasts while this Agreement 
remains in effect. As used herein, a "Paid Sub- scription" means a Subscription 
to any fee-based portions of the Services.
• 1.2. Additional Rules about Content. Your use of Service Content is also 
subject to the Content Rules and Policy specified in Schedule A below (the 
"Content Rules and Policy").
• 1.3. Prohibited Uses. As a condition to your Subscription, you agree not to
 engage in (or encourage or permit others to engage in) any of the Pro- hibited
  Uses specified in Schedule B attached below (the "Prohibited Uses").
• 1.4. Restricted Access. The Services are delivered electronically, and shall 
be deemed accepted by you upon delivery. Some modules, tools, features, or other 
functionality (collectively, "Features") may only be available to Paid Subscriptions. 
Paid Subscriptions themselves shall also be subject to whatever limitations may 
be specified in the corresponding Paid Subscription plan or package (such as
 limitation on the number of authorized users, usage volume or duration).

 • 1.5. Changes to the Services. Lux Optics reserves the right, from time to 
 time and in its discretion, and without prior notice, to: (a) change any Fea-
  tures and/or other aspects (such as the design, layout, or availability) of 
  the Services; (b) deactivate any Features, including without limitation de- 
  activating any free Features and offering them only as part of a Paid Sub-
   scription (and vice versa); and (c) stop supporting (or limit compatibility with)
    certain devices and operating systems, in which case your access to the 
    Services on such devices or operating systems may be impaired. Where required
     by applicable law, we will notify you in advance (either via email, via 
     your Account, and/or within the Services) in the event we decide to shut
      down or discontinue any App, Web Service, and/or the Ser- vices as a whole.
• 1.6. Reservation of Rights. For the avoidance of doubt, the Services are 
only licensed to you, and no title in them passes to you. Any rights not expressly
 granted herein are hereby reserved by Lux Optics and its licen- sors, and you
  are granted no other right or license in the Services, whether by implied 
  license, estoppel, exhaustion, operation of law, or otherwise.
2. YOUR ACCOUNT AND YOUR CONTENT
In order to access the Services, you may be required to register for an account
 by submitting the information requested in the applicable web form or interface 
 ("Account"). You alone are responsible for maintaining the confidentiality and
  security of your Account (and user sub-accounts) and credentials, as well as for
   all activities that occur in such Account. Information collected by us in creating 
   your Account will be used and processed in accordance with our Privacy Policy
    (available at http://halide.cam/privacy), which is incorporated into this Agree-
     ment by reference.
You are responsible for all of your Account Content, and you agree to the Con- tent
 Rules and Policy regarding Account Content. "Account Content" shall mean Content 
 inputted, uploaded, shared, posted, published, or otherwise gener- ated by you in
  relation to your use of the Services.
3. PAYMENT

 • 3.1. Fees. Certain Services and Features are only offered under a Paid Subscription,
  and certain Service Content is only offered for payment. You agree to pay whatever
   fees and other charges are presented to you when you subscribe to a Paid 
   Subscription or paid Service Content (col- lectively, the "Fees"). If the 
   payment plan is on a recurring-subscription basis, you agree to pay the Fees 
   in accordance with the applicable billing cycle ("Billing Cycle"). If you 
   downloaded the App from the Apple Store, refunds are permissible in accordance 
   with their refund policy; otherwise refunds are permissible in accordance with
    the refund policies that Lux Optics publishes. Except as stated in those policies,
     all Fees are non-re- fundable and non-cancellable. Moreover, amounts payable
      are exclusive of all applicable sales, use, consumption, VAT and other taxes,
       except for taxes based upon Lux Optics' net income.
• 3.2. Payment Methods and Processing. Payments may be processed via the relevant
 App Marketplace, as well as any other third-party payment methods which we make
  available (such as via PayPal and certain sup- ported payment cards). You must
   provide accurate billing information, and promptly update any changes to it 
   (such as card numbers and expiry dates). If you are paying via credit or debit 
   card, you represent that you are the authorized user of the card, and you 
   authorize Lux Optics (and any third party payment processor) to collect payment
    from you, on a recur- ring basis (if applicable), and to take all other 
    necessary billing actions. If payment is made via a third-party payment 
    processor, you will also be subject to its terms and conditions (over which 
    we have no control) – so carefully read those terms.
4. INTELLECTUAL PROPERTY
4.1. Services. All rights, title and interest (including without limitation all 
Intel- lectual Property Rights) in and to the Services is and shall remain 
exclusively owned by Lux Optics and/or its licensors. If you provide us with any sug-
 gestions or other feedback about the Services ("Feedback"), you agree that we
 may use such Feedback at our discretion, and without any restriction (e.g., for

 research and development purposes, for commercial purposes etc.) or obligation 
 to you.
• 4.2. Lux Optics Brands. The trademarks and branding (collectively, "Trademarks") 
displayed in the Services, as well as their associated goodwill, are and shall 
remain exclusively owned by Lux Optics and/or its licensors (the "Service Trademarks").
 Some of those Service Trade- marks may also be registered by their respective 
 owners. You may not use or register any Trademark that is confusingly similar 
 to any Service Trademarks, and you must refrain from any action that
may dilute, tarnish, or damage Service Trademarks or their associated goodwill.
• 4.3. DMCA Copyright Policy. It is Lux Optics' policy to respect the rights of 
copyright owners, and we will respond to notices of copyright in- fringement in
 accordance with our DMCA Copyright Policy
set forth in Schedule D below.
• 4.4. Definition of Intellectual Property Rights. "Intellectual Property Rights"
 shall mean any rights,
titles, and interests (under any jurisdiction, whether protectable or not, and 
whether registered or unregistered) in and to any inventions, discov- eries, works 
of authorship, domain names, software, algorithms, designs, databases, data, know-
how, technology, and/or other intellectual property, and includes without limitation
 patents, copyright and similar authorship rights, personal rights (such as Moral 
 Rights, rights of privacy, and pub- licity rights), architectural, building and 
 location (and similar geography- based) rights, mask work rights, trade secret and
  similar confidentiality rights, design rights, Trademarks, as well as all related 
  applications and goodwill.

5. THIRD-PARTY INTERFACES AND LINKS

 The Services may include links to other websites not owned or controlled by Lux
  Optics. The Services may also include Features provided by third parties through
   an application programming interface (API) of such third party. Lux Optics has 
   no control over, assumes no liability for any loss, damage or harm arising from:
    (a) the privacy policies or other practices of such third parties; or (b) the
     content or availability of any such websites or Features, and Lux Optics does not 
     endorse any materials available from such websites or Features.
Lux Optics encourages you to be aware when you leave the Services. You should read 
the terms and conditions and privacy policy of each third-party website and Feature 
before you provide them with your personal information or other Content. You are 
responsible for complying with the terms of all such third-party websites and Features.
6. DISCLAIMER OF WARRANTIES
USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND
 “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS,
  EMPLOYEES, SUB-CONTRACTORS, LICENSORS, AGENTS AND AFFIL- IATES (COLLECTIVELY, THE 
  “Lux Optics PARTIES”) DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS 
  AND GUARANTEES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, IN- CLUDING WITHOUT 
  LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
   PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, NON-INFRINGEMENT, 
   OR THAT ARISE FROM A COURSE OF PERFOR- MANCE OR DEALING, OR USAGE OF TRADE.

WE DO NOT MAKE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT: (A) THE 
SERVICES WILL BE UNINTERRUPT- ED, ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS IN ANY 
WAY; (B) THE SERVICES WILL BE FREE FROM MALWARE, COMPUTER VIRUSES OR OTHER HARMFUL
 COMPONENTS; AND/OR (C) THE CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, LAWFUL, OR
  NON-INFRINGING. NO ORAL OR WRITTEN REPRESENTATION, AD- VICE OR STATEMENT MADE BY
   US OR ON OUR BEHALF, WHICH IS

 NOT EXPRESSLY CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A REPRESENTATION,
  WARRANTY, GUARANTEE, OR CONDITION OF ANY KIND. ANY HOW-TO GUIDES OFFERED ARE FOR
   YOUR INFORMATION ONLY, AND YOU MAY NOT RELY ON THEM FOR ANY ACADEMIC, VOCATIONAL
    OR PROFESSIONAL CERTIFICATION.

7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Lux Optics PARTIES SHALL NOT
BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT FOR ANY:
• 7.1. INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL
DAMAGES;
• 7.2. LOSS OF PROFIT, BUSINESS, ANTICIPATED SAVINGS, OR OPPORTUNITY;
• 7.3. LOSS OF, OR DAMAGE TO, ANY CONTENT, REPUTATION, OR GOODWILL; AND/OR
• 7.4. COSTS OR EXPENSES OF PROCURING SUBSTITUTE GOODS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMBINED AGGREGATE LIABILITY 
OF ALL Lux Optics PARTIES UN- DER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT 
SHALL NOT EXCEED AN AMOUNT EQUAL TO HALF THE FEES YOU PAID US (IF ANY) IN THE TWELVE 
(12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) EVEN IF Lux Optics PARTIES 
HAVE BEEN ADVISED, OR SHOULD HAVE

 BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, COSTS, OR EXPENSES; (B) EVEN IF
  ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (C) REGARDLESS OF
   THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION BREACH OF WARRANTY,
    NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, OR OTHER CONTRACT, TORT OR STATUTORY 
    LI- ABILITY. HOWEVER, NOTHING IN THIS AGREEMENT SHALL LIMIT LIABILITY FOR DEATH 
    OR PERSONAL INJURY CAUSED BY NEGLI- GENCE, OR FOR FRAUD, OR ANY OTHER LIABILITY 
    WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW.
8. INDEMNIFICATION
You will indemnify and hold harmless each of the Lux Optics Parties from and against
 any losses, liabilities, damages, fines, penalties, costs, and expenses (in- cluding
  reasonable legal costs and attorney's fees) suffered or incurred by any Lux Optics 
  Parties as a result of any breach by you under this Agreement and/or any violation 
  by you of any law and/or the rights of any third party.
9. TERMINATION
• 9.1. Termination by Lux Optics. Lux Optics reserves the right, without notice and 
without liability, to suspend and/or terminate this Agreement at any time, whether for 
cause (for example if you breach this Agreement) or for convenience (for example if 
Lux Optics is discontinuing Services).
• 9.2. Termination by You. You may terminate this Agreement at anytime, via the
 functionality offered or by cancelling your Account. In such cases, termination will
 take effect immediately, unless you have a current Paid Subscription in which case 
 termination shall take effect at the end of the then-current Billing Cycle, and you
  will not be charged for the subsequent Billing Cycle.
• 9.3. Effect of Termination; Survival. Termination of this Agreement shall not affect
 any rights, remedies, obligations or liabilities that accrued as of the effective date
  of termination. Upon termination of this Agreement: (a)

 the Subscription and access to the Services will terminate, and (if applica- ble) you
  must uninstall the App from your device; and (b) your Account and related access 
  credentials shall be terminated, and you shall be re- sponsible for backing up your 
  Account Content, and Lux Optics shall not be required (unless required by applicable 
  law) to retain any Account Content. Any provision of this Agreement that should 
  survive termination, shall survive, as shall Sections 44 (Intellectual Property) 
  and 6 (Dis- claimer of Warranties) through 1111 (General Legal Terms) inclusive.
10. GOVERNING LAW; DISPUTE RESOLUTION
This Agreement, as well as non-contractual claims, shall be governed by, and construed
 in accordance with, the laws of the State of New York, without regard to any conflicts
  of laws rules. The United Nations Convention on Contracts for the International 
  Sale of Goods shall not apply to this Agreement.
In the event of any claim, dispute or controversy in connection with this Agree- 
ment (a "Dispute"), such Dispute shall be resolved exclusively by arbitration in 
accordance with Schedule C (Mandatory Arbitration) below.
However, if the Dispute is not subject to arbitration (either because you opted- 
out of the arbitration in the manner described in Schedule C, or because a court
 of competent jurisdiction determined that the agreement to arbitrate does not 
 to apply to you or the Dispute) then the Dispute shall be subject to the 
 exclusive jurisdiction and venue of:
10.1. 10.2.
If you are a resident of the United States: the competent courts located in
 New York County, New York, and both you and Lux Optics hereby irrevocably sub-
  mit to the personal jurisdiction of such courts and waive any jurisdictional, im-
   proper venue, inconvenient forum, or other objections to such jurisdiction and venue; or
   
If you are not a resident of the United States: the competent courts located in Tel Aviv-
 Jaffa, Israel, and both you and Lux Optics hereby irrevocably submit to the personal
  jurisdiction of such courts and waive any jurisdictional, improper venue, inconvenient
   forum, or other objections to such jurisdiction and venue.
Regardless of any law to the contrary, any claim you may have arising under, or
 otherwise in connection with, this Agreement must be filed within ONE (1) YEAR 
 after such claim arose, or else you agree that such claim will be barred forever.
If you are a consumer (as defined in the law of your jurisdiction), this Agree-
 ment is not intended to, and shall not, exclude or limit any mandatory rights 
 you may have under the consumer laws of your jurisdiction.
11.
11.1.
11.2.
GENERAL LEGAL TERMS
Entire Agreement. This Agreement (together with its Schedules) represents the
 entire agreement between Lux Optics and you with respect to the subject matter
  hereof, and supersedes and replaces any and all prior and contemporaneous 
  oral and/or written agreements and understandings between you and Lux Optics
   with respect to such subject matter. You confirm that in entering into this
    Agreement you have not relied on any statement or representation not expressly
     set out in this Agreement, such as statements and explanations in any FAQs
      or other mar- keting material on the Lux Optics website. The section 
      headings in this Agree- ment are for convenience only and may not be used
       for interpretive purposes.
Agreement Modifications by Lux Optics. Lux Optics reserves the right, 
from time to time and
11.3.
      
 11.4. 11.5. 11.6.
in its discretion, to make changes to this Agreement (each, "Agreement Modifi- 
cations"). The modified Agreement will either be posted online (https://halide.cam/terms),
within the Services, and/or notified to you via email or your Account. (In any case, 
we encourage you to regularly check the latest version of the Agreement, which 
can always be found here: https://halide.cam/terms). The effective date of the
 Agreement Modifications will be ten (10) days after posting the modified Agreement 
 or notifying you of it, as described above, unless a different date is specified.
  If you do not agree to the Agreement Modifications, your sole remedy, and our
   sole obligation and liability, is for you to terminate this Agreement. Otherwise,
    your continued access or use of the Services shall constitute your ac- 
    ceptance of the modified Agreement.
Age Representation. You represent that you are of legal age in your jurisdiction 
to form a binding contract, but in any event at least thirteen (13) years old. Chil-
 dren under the age of thirteen (13) are not permitted to use any of the Services. 
 If you are between thirteen (13) and eighteen (18) years old, you must review this 
 Agreement with your parent or guardian, have him/her accept it on your be- half,
  as well as approve your use of the Services.
Language; Electronic Contract. The language of this Agreement is the English 
language only. You hereby irrevocably waive any law applicable to you requir- ing
that the Agreement be localized to meet your language (as well as any other 
localization requirements), or requiring an original (non-electronic) signature or 
delivery or retention of non-electronic records.
App Download from App Marketplace. If you are downloading the App from a third
 party app-distribution platform or marketplace, such as Apple's App Store, Google's
  Google Play, or the Amazon Appstore for Android (each, an "App Marketplace"), 
  please be aware that the App Marketplace may have additional rules which also 
  govern your use of the App.

 Assignment. Lux Optics may assign this Agreement (or any of its rights and/or 
 obligations hereunder) without your consent, without notice, and without any 
 other restriction. Lux Optics may, from time to time and at its discretion, sub-
  contract performance of its obligations under this Agreement (for example, host-
  ing and processing of Web Services may be done by third party cloud service providers).
   This Agreement is personal to you, and you may not assign or trans- fer this 
   Agreement (or any of your obligations or rights hereunder) without Lux Optics' 
   express prior written and signed consent. Any 
   prohibited assignment shall be null and void. Subject to the foregoing, this 
   Agreement shall bind and benefit each party and its respective 
   successors and assigns (for example, the Moral Rights waiver and the Account 
   Content License also benefit Lux Optics' successors 
   and assigns). At Lux Optics' discretion, any Lux Optics obligation hereunder 
   may be performed, and any Lux Optics right or remedy 
   may be exer- cised, by a subsidiary and/or affiliate of Lux Optics (each, an 
   "Affiliate").
Severability. If any provision of this Agreement (for example, the provisions of 
Section 10 
(Governing Law; Dispute Resolution) or Schedule C (Mandatory Arbitration)) is 
held by a court to be illegal, invalid or unenforceable,
 then: (a) the remaining provisions of this Agreement shall remain in full force
  and effect; and (b) you and Lux Optics agree that 
the court making such determination shall have the power to change the provision 
to make it legal, valid and enforceable and that most 
closely approximates the original intent and economic impact of such provision, 
and this Agreement shall be enforceable as so modified
 in re- spect of such jurisdiction. In the event such court does not exercise the 
 power granted to it as aforesaid, then such provision
 will be ineffective solely as to such jurisdiction, and will be substituted with 
 a valid, legal and enforceable pro- vision that 
most closely approximates the original intent and economic impact of such provision.
Remedies. Except as may be expressly stated otherwise in this Agreement, no right 
or remedy of a party under this Agreement shall be exclusive of any other right or 
remedy under this Agreement, at law or in equity.
-6-
     
 11.7.
11.8.
11.9.
Waiver. No failure or delay on the part of any party in exercising any right or remedy
 under this Agreement shall operate as a waiver thereof, nor shall any single exercise 
 of any such right or remedy preclude any other or further exer- cise thereof or the 
 exercise of any other right or remedy. Any waiver granted hereunder must be in writing
  (for waivers by you, emails will be acceptable; for waivers by Lux Optics, the 
  writing must be signed by an authorized representa- tive of Lux Optics), and shall be 
  valid only in the specific instance in which giv- en.
-7-
11.10. Relationship of the Parties; Third Party Beneficiaries. No agency, part- nership,
 joint venture or employment relationship is intended or created by this Agreement, and 
 the relationship of the parties is solely that of independent con- tractors. Except as
  provided otherwise in this Agreement (for example, as re- gards rights of Lux Optics'
   Affiliates and Stock Content Licensors) neither party intends that any third party will 
   be a beneficiary of or entitled to rely on any part of this Agreement.
11.11. Notices. You agree that Lux Optics may send you notices by email, as well as 
provide you notices within the Services. Except as stated otherwise in this Agreement 
or required by applicable law, you agree to send all notices to Lux Optics, to: support@lux.camera.
11.12. U.S. Government Rights. The Services are "commercial computer soft- ware" and 
any Services-related documentation is "commercial computer soft- ware documentation," 
pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. If you are an 
agency, department, employee or other enti- ty of the United States Government, then 
your access to and use of the Services shall be subject solely to the terms and 
conditions of this Agreement.
    
 11.13. Export Compliance. You must comply with any applicable export control laws. 
 You represent and warrant that: (a) you are not a resident of a country that the U.S. 
 government has embargoed for use of the Services, nor are you named on the U.S. Treasury
  Department’s list of Specially Designated Nationals or any other applicable trade 
  sanctioning regulations of any jurisdiction; and (b) your country of residence 
  and/or incorporation (as applicable) is the same as the country specified in the 
  contact and/or billing address provided to us.
11.14. Data Backup. The Services are not intended to, and will not, operate as a 
data storage or archiving service, and you agree not to rely on the Services for 
the storage of any of your Account Content whatsoever. You are solely respon- sible 
and liable for the maintenance and backup of all your Account Content. You also 
acknowledge that certain Account Content (including without limita- tion personal 
information) may be saved to or stored on your Device (even if we do not collect 
that Account Content).
RESPONSIBILITY FOR YOUR CONTENT
Your Responsibility. Subject to the Account Content License, you own all rights,
 title and interest (including without limitation all Intellectual Property Rights)
  in and to your Account Content. You are solely responsible for (and you agree 
  to hold harmless and release Lux Optics and all Lux Optics' Affiliates and 
  licensors from) all your Account Content, and any use of it (including without
   limitation use by others).
Representations and Warranties. You represent and warrant that: (a) your Ac- 
count Content does not, and will not, infringe or violate any third party's 
Intel- lectual Property Rights, privacy rights, publicity rights, or any law; 
(b) your Ac- count Content is not, and will not be, disparaging, libelous, 
threatening, offen- sive, harassing, deceptive, abusive, promoting of violence, 
illegal drugs, illegal arms trafficking, or illegal gambling, and does not, 
and will not, contain obscen- ity or pornography, create any risk to a person's
 safety or health, impersonate another person, compromise national security, 
 or interfere with an investigation by law enforcement; and (c) you have obtained,
  and will maintain during and
     
 after any termination of this Agreement, any and all licenses, permissions, con-
  sents, approvals, and authorizations required in connection with your Account 
  Content (for example, obtaining the consent of someone to whom you send a message).
   The content, nature, frequency, and quantity of your Account Content has not
    been specifically requested or authorized (and may or may not be re- viewed)
     by Lux Optics, and is submitted to the Services at your sole risk. With- 
     out derogating from the generality of the above, you agree that you will 
     not submit any Content which contains information which it is unlawful 
     for you to possess in the country in which you are resident. Lux Optics 
     reserves the right (but shall have no obligation) to decide whether your 
     Account Content complies with the requirements set out in this Agreement,
     and may remove such Account Content and/or terminate your access to the 
     Services for submitting Content which is in violation of this Agreement,
      without prior notice and at Lux Optics' discretion.
3. No Obligation by Lux Optics. Lux Optics has no obligation to accept, display,
 review or maintain any of your Account Content. Lux Optics may, at any time
  and without notice, edit, replace and/or delete your Account Content in our 
  discretion, including, without limitation, if we: (a) determine that you are 
  in breach of any provision of this Agreement (for example, if your Account 
  profile picture contains nu- dity or impersonates another person, we may replace
   the picture with another picture we deem appropriate) or have violated (or 
   are sus- pected by us of violating) any law; and/or (b) deem it helpful or 
   rea- sonably necessary to comply with any applicable law, legal process, or
    governmental request, to enforce the Agreement (including investiga- tions
    of potential violations thereof), to detect, prevent, or otherwise address
     fraud, security issues, and/or to protect against harm to the rights, 
     property or safety of Lux Optics, our licensors, our users, yourself, 
     and/or the public.
4. Account Content License. You hereby grant Lux Optics and all Lux Optics 
Affiliates a worldwide, assignable, non-exclusive, royalty-free, fully-paid,
 sublicensable (through multiple tiers of sublicensees), ir- revocable and 
 perpetual license, in any media format and through

 any media channels, to access, process, distribute, reproduce, publicly perform,
  publicly display, creative derivative works of, and otherwise use your 
  Account Content: (a) to perform under this Agreement, in- cluding without 
  limitation to provide you with the Services and any technical support; (b) 
  on an aggregated or otherwise anonymous ba- sis, for improving the Services
  , for analytics, and/or generally for re- search and development; and/or (c) 
  to promote the Services and/or Lux Optics ((a), (b) and (c) collectively, the
   "Account Content Li- cense"). The Account Content License shall survive any
   termination of this Agreement. You represent and warrant that you have ob- 
   tained, and will maintain during and after any termination of this Agreement
   , any and all licenses, permissions, consents, approvals, and authorizations 
   required for granting the Account Content Li- cense.
5. Moral Rights Waiver. You hereby irrevocably waive (and agree never to assert) 
against Lux Optics, its Affiliates, Lux Optics' licensors, and/ or any other
 user of the Services, any Moral Rights you may have in and to any of your 
 Account Content. "Moral Rights" means any rights of paternity or integrity, 
 or any right to claim authorship of a work, to object to any distortion, 
 mutilation or other modification of, or other derogatory ac
 tion in relation to, any work, whether or not such would be prejudicial to 
 the honor or reputation of the creator of the work, and any similar right, 
 existing under judicial or statutory law of any jurisdiction, or under any treaty.
SCHEDULE B
Prohibited Uses
You must not do (or permit or encourage to be done) any of the following,

 in whole or in part: (a) copy, "frame" or "mirror" the Services; (b) sell,
  assign, transfer, lease, sublicense, or otherwise distribute or make available
   the Services

 to any third party (such as offering it as part of a time- sharing or serv
 ice
 bureau environment); (c) publicly perform, display or communicate the Serv
 ices; (d) modify, adapt, arrange, or translate the Services; (e) decompil
 e, disassemble, decrypt, reverse engineer, or otherwise attempt
  to discover the source code or non-literal aspects (such as the underlyin
  g structure, sequence, organization, file formats, non-public APIs, ideas,
   or algorithms) of the Services; (f) remove, al- ter, or conceal any copyr
   ight, trademark or other proprietary rights notices dis- played in the S
   ervices; (g) circumvent, disable or otherwise interfere with secu- rity-r
   elated features of the Services, or publicly identify any security vulnera
   bil- ities in them; (h) make a derivative wo

   rk of the Services, or use them to develop any service or product that is 
   substantially similar to it; (i) store or transmit any robot, malware, Troj
   an horse, or similar malicious item (for e

 xample, by way of Account Content) intended (or that has the potential) to d
 amage or disrupt the Services; (j) employ any hardware, software or techniqu
 e to pool connections, devices or users that use the Services (sometimes ref
 erred to as 'virtualization', 'multiplexing' or 'pool
 ing') in order to circumvent any limitations or conditions on the scope of y
 our Subscription; (k) forge or manipulate identifiers in order to disguise 
 the origin of any Account Content or impersonate any perso
 n or entity, or make any false statement pertaining to your identity or 
 affiliation with any person or entity; (l) take any action that imposes 
 (as determined in Lux Optics' discretion) an unreasonable or disproportionately
  large load on the servers or other cloud infrastructure which operate or
   support the Servi
 ces, otherwise sys- tematically abuse or disrupt the integrity of such 
 servers or infrastructure, or send automated queries; (m) engage in any 
 activity that constitutes or encour- ages conduct that constitutes a 
 criminal offense, gives rise to civil liability or otherwise violates 
 any applicable law, including without limitation laws govern- ing privacy, d
 efamation, spam, and copyright; (n) cause or launch any programs for the purpose
  of scraping, indexing, or otherwise data mining any portion of the Services, or
   use robots, crawlers and similar applications to collect and compile Content 
   from the Services, or send data to or from the Services for the purposes of 
   competing with the Services or in such ways that may impair the Services' 
   functionality; (o) display or embed Content from the Services (includ- ing w
   ithout limitation by any software, Feature, gadget or communication pro- toc
   ol), which alters the Content or its design; (p) collect or process personal
    in- formation regarding the Services' users, without their prior explicit co
    nsent, or threaten or intimidate other users of the Services; (q) link to the Services from


 web pages or applications that contain pornographic Content or Content that en
 - courages racism or wrongful discrimination; and/or (r) include in any Accoun
 t Content information which may be considered as identifying a minor (or infor
 - mation enabling contact of minors), or which violates a person's privacy rig
 hts or publicity rights, which is threatening, defamatory,
  libelous, vulgar, violent, obscene or racially, ethnically or otherwise objec
  tionable, or which constitutes unsolicited commercial communications ('spam')
   or pyramid schemes.
- 14 -
SCHEDULE C Mandatory Arbitration
Lux Optics wants to address your concerns without the need for a formal legal d

ispute. Before filing a claim against Lux Optics, you agree to try to resolve t
he Dispute informally by contacting support@lux.camera. If a Dispute is not res
olved within 30 days after the email noting the Dispute is sent, you may initia
te proceedings, as set forth in this Schedule C. You and Lux Optics agree to re
solve any Dispute only by FINAL AND BINDING BILATERAL ARBITRATION in accordance
 with the below; except, however, that:

(a) each party retains the right to bring an individual action: (i) in a small 
claims court
located in your county of residence (or in New York County, New York if you me
et the requirements of such court), if you are a resident of the United States, 
(ii) through a small claims process in the courts of London, England or Dublin,
 Ireland, if you are a resident of the European Economic Area (EEA), or (iii) i
 n the small claims court in Tel Aviv-Jaffa, Israel, if you are neither a resid
 ent of the United States nor the EEA; (b) each party retains the right to seek
  equitable relief to protect any Intellectual
   
 Property Rights, in any court of competent jurisdiction; and
(c) nothing herein precludes you from bringing issues to the attention of feder
al, state,
or local agencies.
Capitalized terms not defined in this Schedule shall have the meanings given to 
them in the main
body of the Agreement to which this Schedule is attached.
If you are a resident of the United States: Unless you and Lux Optics expressly
 agree otherwise in writing, the arbitration shall take place in-person (except
  that if telephonic or other remote
electronic means are available and permissible, then you may elect to conduct th

e arbitration via such means) in New York City, New York. The arbitration will b
e administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), b
efore a single arbitrator and in the English language, in accordance with the JAMS 
Streamlined Arbitration Rules and Procedures (“JAMS Str
eam- lined Rules”), as modified by this Agreement. The arbitrator must honor the
 terms and conditions of this Agreement (including, but not limited to, all liab
 ili- ty exclusions and limitations), and shall not make any award or decision t
 hat is contrary to, or in excess of, what this Agreement
  provides. The Federal Arbitra- tion Act, 9 U.S.C. § 1, et seq. (“FAA”) (and no
  t any state law concerning arbi- tration) applies to this agreement to arbitr
  ate, and governs all questions of
whether a Dispute is subject to arbitration.
If you are not a resident of the United States: Unless you and Lux Optics ex- pr
essly agree otherwise
in writing, the arbitration shall take place in-person in Tel Aviv-Jaffa, Israel
, except that if telephonic or other remote electronic means are available and p
ermissible, then you may elect to conduct the arbitration via such means. The arb
itration will be administered by the Center of Arbitration and Dispute Reso- luti
on (www.israelcourts.co.il) ("CADR"), before a single arbitrator and in the Engli
sh language, in accordance with its then-current rules and in accordance with the
 Israeli Arbitration Law, 5728-1968, as amended, and as modified by this Agreemen
 t. The arbitrator
must honor the terms and conditions of this Agreement (including, but not limit- 
ed to, all liability exclusions and limitations), and shall not make any award or
 decision that is contrary to, or in
excess of, what this Agreement provides.
- 15 -
ings and conclusions upon which the award is based. Judgment on the arbitra- tion 
award may be entered in any court having jurisdiction thereof. In the event any l
itigation should arise between you and Lux Optics in any court in a pro- ceeding 
to vacate or enforce an arbitration award, YOU AND Lux Optics HEREBY IRREVOCABLY 
WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the proceeding be resolve
d by a judge. The arbitrator may award declaratory or injunctive relief only in 
favor of the plaintiff/claimant and only to the extent necessary to provide relief
 warranted by the
plaintiff's/claimant’s individual claim.
Regardless of who initiates arbitration for a Dispute, you will always remain re-
 sponsible for your costs relating to counsel, experts, witnesses, and travel to 
 the arbitration. Payment of all filing, administration and arbitrator fees will 
 be gov- erned by the JAMS or CADR rules (as applicable). If you are an individua
 l and have not accessed or used the Services on behalf of an entity, we will rei
 mburse those fees for claims where the amount in dispute is less than $10,000 (u
 nless the arbitrator determines the claims are frivolous), and we will not seek 
 attor- neys’ fees and costs in arbitration (unless the arbitrator determines the
  claims are frivolous). If Lux Optics initiates an arbitration for a Dispute, Lux
   Optics will pay all administrative fees and costs related to the
 
 arbitration, including all professional fees for the arbitrator’s services.
All aspects of the arbitration proceeding, including but not limited to the deci-
 sion and award of the arbitrator and compliance therewith, shall be strictly con
 - fidential. The parties agree to maintain its confidentiality, unless (and in su
 ch cases, only to the extent) otherwise required by applicable law. This paragrap
 h shall not prevent a party from submitting to a court any information
necessary to enforce an arbitration award, or to seek equitable relief.
YOU ACKNOWLEDGE AND AGREE THAT, EVEN IF ANYTHING IN THE JAMS STREAMLINED RULES
(OR OTHER JAMS OR CADR RULES, AS APPLICABLE) PERMIT OTHERWISE:
(A) YOU AND Lux Optics ARE HEREBY EACH IRREVOCABLY WAIVING THE RIGHT TO A
TRIAL BY JURY, AS WELL AS THE RIGHT TO PARTICIPATE (FOR EX- AMPLE, AS A CLASS REPRE
SENTATIVE OR CLASS MEMBER) IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER CLASS-WIDE 
OR REPRESENTATIVE ACTION OR PROCEEDING, AND THAT YOU
MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY; AND
(B) NO ARBITRATION WILL BE JOINED TO ANY OTHER ARBITRA- TION, AND THE
ARBITRATOR MAY NOT CONSOLIDATE ANY INDIVIDUAL PARTY’S DISPUTE WITH ANY
OTHER PARTY’S DISPUTE.
OPT-OUT: You can choose to reject this agreement to arbitrate (“Opt-out”) by emailing
 support@lux.camera within thirty (30) days after the date you agree to this Agreement
  for the first time. The Opt-out email you send to us must state that you do not 
  agree to this agreement to arbitrate and must include your name, address, phone 
  number, and email address. Providing an Opt-out no-

 tice is the only way you can opt-out of this agreement to arbitrate. If you Opt- out
of this agreement to arbitrate, all other provisions of the Agreement will contin- 
ue to apply,
and you will not permitted to invoke this agreement to arbitrate to resolve any Dispute 
with Lux Optics.
To the extent any provision of this Schedule C is held by a court of competent jurisdiction
 to be illegal, invalid or unenforceable, you and Lux Optics agree that the provisions of 
 Section 11.7 (Severability) shall apply.
- 16 -