App Terms and Conditions for IOS
PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING
AND/OR USING THE APP.
By clicking the “ACCEPT” or “OK” button, or installing
and/or using the Company mobile software application (the “App”) you expressly acknowledge and agree that you are entering
into a legal agreement with Contacit Ltd. (“Company”, “we”, “us” or “our”), and have understood and agree to comply with, and be legally
bound by these Terms and Conditions(the “Agreement”). You hereby waive any applicable rights to
require an original (non-electronic) signature or delivery or retention of
non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this
Agreement please do not download, install or use the App.
1.
Ability to Accept. By
installing the App you affirm that you are over sixteen (16) years of age. If you are between the age of sixteen (16)
and eighteen (18) years then, prior to installing the App, you must first
review this Agreement with your parent or guardian to make sure that you and
your parent or guardian understand its terms and conditions and agree to them.
2.
License.
Subject to the terms and
conditions of this Agreement, we hereby grant you a one user personal, limited,
revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable
license (“License”) to: (i)
download, install and use the App on a mobile telephone, tablet or device (each
a “Device”) that you own or control;
and (ii) access and use the App on that Device in accordance with this
Agreement and any applicable Usage Rules (defined below).
3.
License Restrictions. You
agree not to, and shall not permit any third party to: (i) sublicense,
redistribute, sell, lease, lend, rent or transfer to any third party the App or
exceed the scope of the license set forth in section 2 above including use
concurrently on two or more computers, or use in a local area network or other
network without separate authorization by Company; (ii) make the App available
over a network where it could be used by multiple devices owned or operated by
different people at the same time or use the App in any timeshare, hosting or
service bureau arrangement or export the App in violation of any applicable
laws or regulations; (iii) disassemble, reverse engineer, decompile, decrypt,
or attempt to derive the source code of, the App; (iv) copy (except for back-up
purposes), modify, improve, or create derivative works of the App or any part
thereof; (v) circumvent, disable or otherwise interfere with security-related
features of the App or features that prevent or restrict use or copying of any
content or that enforce limitations on use of the App; (vi) remove, alter or
obscure any proprietary notice or identification, including copyright,
trademark, patent or other notices, contained in or displayed on or via the
App; (vii) use any communications systems provided by the App to send
unauthorized and/or unsolicited commercial communications; (viii) use our name,
logo or trademarks without our prior written consent; (ix) use the App to
violate any applicable laws, rules or regulations, or for any unlawful,
harmful, irresponsible, or inappropriate purpose, or in any manner that
breaches this Agreement; and/or (x) represent that You possess any proprietary
interest in the App. Any right not explicitly granted to You is reserved to
Company.
4.
Account. In order to
use some of the App features you may have to create or use an account (an “Account”). If you create an Account, you must provide
accurate and complete information for yourself. Your Account will be connected
to the Software, which is separately licensed and being used by an applicable
end user, and under such end users sole and exclusive liability towards You
("Software Licensee"). Such Software Licensee that has received a
license from Company to make use of such Software and has given You permission
to connect and make use of the Software with the App. This App enables Software Licensees to fully
utilize the Software features, including for the recruitment and employment of
users of the App. Through the App, as long as you have been permitted such
access by Software Licensee, You will be able to connect to Software Licensees
databases available in Software Licensee's account, which have been added and
are managed solely by Software Licensee and at such Software Licensee sole and
exclusive liability, as further detailed in the Software EULA
http://www.ubeya.com/privacy/sw-eula/. Licensee is solely liable for any
information added into the Account including all databases and can later
remove, add or update as needed any information in the databases, including
deleting access allowance to You or other specific App users at its sole
discretion and without any liability of Company. As a user of the App, You will
receive updates from the Software Licensees who added You to their users'
database. You are solely responsible for the activity that occurs in Your
Account, and You must keep Your Account password secure. You must notify us immediately of any
unauthorized use of Your Account.
5.
Usages Rules. If
you are downloading the App from a third party mobile device platform or
service provider (“Distributor”),
please be aware that the Distributor may have established usage rules which
also govern your use of the App (“Usage
Rules”). In addition to the Third
Party Terms, we specifically refer to the Usage Rules of certain Distributors
below in the section below entitled ‘Distributor
Requirements and Usage Rules', but other Usage Rules may be applicable
depending on where the App has been downloaded from. You acknowledge that, prior to downloading
the App from a Distributor, you have had the opportunity to review and
understand, and will comply with its Usage Rules and any Third Party
Terms. The Usage Rules and any Third
Party Terms that are applicable to Your use of the App are incorporated into
this Agreement by this reference. You
represent that you are not prohibited by any applicable Usage Rules and Third
Party Terms and/or applicable law from using the App; if you are unable to make
such a representation you are prohibited from installing and/or using the App.
6.
Recruitment Process. When
logged-into an Account, the App enables You to insert specific terms for
recruitment for employment to a single or multiple events using a set of
preferences. The App then interface with the Software in order to match Your
preferences with Software Licensee requesting such services published by it.
The App further enables you to appeal or reject certain offers found as a
match. For the avoidance of doubt it is made clear that all information
accessed through the App and/or the Software Licensee account, including any
mistakes or inability to reply to recruitment requests, anything relating to
such recruitment and/or event or not being chosen to a certain recruitment
shall be at the sole liability of Software Licensee and all claims, complaints
or questions should be dealt with directly between You and Software Licensee.
7.
Third Party Sources and Content.
7.1.
The App enables you to view, access, link to, and use content from
Third Party Sources (defined below) that are not owned or controlled by us (“Third Party Content”). The App may also enable you to communicate
and interact with Third Party Sources.
“Third Party Source(s)” means: (i) third party websites and services;
and (ii) our partners and customers, including Software Licensees.
7.2.
We are not affiliated with and have no control over any Third Party
Sources. We do not assume any
responsibility for the content, terms of use, privacy policies, actions or
practices of, any Third Party Sources.
Please read the terms of use and privacy policy of any Third Party
Source that you interact with before you engage in any such activity.
7.3.
We are not responsible for, and we expressly disclaim all warranties
regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual
Property Rights (defined below) of, or relating to, any Third Party
Content.
7.4.
We do not endorse any advertising, promotions, campaigns, products,
services or other materials that is included in any Third Party Content or that
is communicated to you from a Third Party Source.
7.5.
By using the App you may be exposed to Third Party Content that is
inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding
whether or not to interact with a Third Party Source or to view and use Third
Party Content. Your interaction with a
Third Party Source and your use of, and reliance upon, any Third Party Content
is at your sole discretion and risk.
7.6.
You are solely responsible and liable for your interaction with a Third
Party Source. You agree to waive, and
hereby do waive, any legal or equitable rights or remedies you may have against
Company, and release Company from any and all liability, arising from your use
of and interaction on any Third Party Content and from your interaction with
any Third Party Source. If you have any
query or complaint regarding a Third Party Source or any Third Party Content,
you agree to contact the Third Party Source directly.
In addition, it is specifically brought to Your
attention, and You hereby confirms and warrants that You are aware that
Software and App are provided by way of Software as a Service (SAAS) hosted by
AWS (Amazon Web Service) and Company has no liability or warranty in relation
thereto, including regarding accessibility or uninterrupted service. Software
and App are hosted by AWS and are subject to their specific terms of use
detailed in https://aws.amazon.com/service-terms/ and Company shall have no liability whatsoever with
regards to these matters, including in case of lost data, inability to access
or un-operation. Your agreement to the terms the terms herein include agreement
to those specific Third Party Terms (as defined hereafter), including the AWS
terms and You hereby confirm that You have read and are familiar and agrees to
act according to all such terms, in addition to the terms herein.
8.
Third Party Software. Portions of
the App may include third party software that are subject to third party terms
and conditions, including third party open source software (“Third Party Terms”). A list of any third party software and related
Third Party Terms is available at http://www.ubeya.com/privacy/third-party. 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 software. Notwithstanding anything in this
Agreement to the contrary, Company makes no warranty or indemnity hereunder
with respect to any third party software and You shall be fully and solely
liable for abiding according to such Third Party Terms and indemnifying Company
for any such claims against Company in relation to breach of such Third Party
Terms by You or on Your behalf.
9.
Location Data. Certain
features or functionality (“Features”)
of the App may collect or be dependent on data related to your geographic
location (“Location Data”). If you wish to use these Features, you agree
to provide or to make your Location Data accessible to us. To the extent that we do collect Location
Data, we shall use it in accordance with our Privacy Policy (defined
below). If you do not provide or make
such Location Data accessible then the Features may be limited or not operate.
10.
Use of the App in a Vehicle. If
you are using the App in a vehicle, you agree: (i) to comply with all
applicable traffic laws; and (ii) if you are the driver, not to use the App
unless your vehicle is stationary and legally parked.
11.
Intellectual Property Rights.
11.1. Ownership. The App is
licensed and not sold to you under this Agreement and You acknowledge that
Company and its licensors retain all title, ownership rights and Intellectual
Property Rights (defined below) in and to the App (and all related software,
including the Software). We reserve all
rights not expressly granted herein to the App. “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.
11.2. Content. The: (i)
content on the App, including without limitation, the text, information,
documents, descriptions, products, software, graphics, photos, sounds, videos,
interactive features, and services (the “Materials”),
and the (ii) trademarks, service marks and logos contained therein (“Marks”, and together with the
Materials, the “Content”), is the
property of Company and/or its licensors and may be protected by applicable
copyright or other intellectual property laws and treaties. “Company” and the Company logo are Marks of
Company and its affiliates. All other
Marks used on the App are the trademarks, service marks, or logos of their
respective owners.
11.3. Use of Content. The Content on the App 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.
12.1. The License granted hereunder is
currently provided at no cost by Company but Company may decide at any time to
charge for such License or use by written notification to You.
12.2. Please be aware that Your use of
the App may require and utilize internet connection or data access. To the extent that third party service
provider or carrier charges for Your internet or data usage are applicable, You
agree to be solely responsible for those charges.
13.
Information Description. We
attempt to be as accurate as possible.
However, we cannot and do not warrant that the content available on the
App is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to
the content, or any part thereof without the requirement of giving you any
notice prior to or after making such changes to the content.
14.
Privacy. We will use any personal information that
we may collect or obtain in connection with the App in accordance with our
privacy policy which is available at http://www.ubeya.com/privacy (“Privacy
Policy”), and You agree that We may do so.
Please also be aware that certain personal information and other
information provided by You or in connection with Your use of the Software and
the App may be stored and transferred by Company (even if we do not collect
that information) anywhere in the world, including in the US, Israel or Europe
according to such Privacy Policy. Please
also be aware that certain personal information and other information provided
by you in connection with your use of the App may be stored on your Device
(even if we do not collect that information).
You are solely responsible for maintaining the security of your Device
from unauthorized access.
15.
Opting In to receive emails, newsletters
and other promotional or marketing material. Your agreement to this Agreement as well as the providing of Your
details to Company, through the App and/or creation of an Account is your
affirmative consent to receive from us future newsletters, promotional,
advertising, or other web site, product, service, software, app -related emails
, or app push notifications. You may choose not to receive future promotional,
advertising, or other web site, product, service, software, or app related
emails from Company by selecting an unsubscribe link at the bottom of each
email that we send. Please note that even if You opt out of receiving the
foregoing emails, we may still send you a response to any “Contact Us” request
as well as administrative emails (for example, in connection with a password
reset request) that are necessary to facilitate Your use of the App, the
Software and/or the Company websites..
16.1. THE APP IS 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, AND THOSE ARISING BY
STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
16.2. WE DO NOT WARRANT THAT THE APP
WILL OPERATE ERROR-FREE, THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE APP. 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 OR THAT THE OPERATION
OF THE APP, INCLUDING ITS CONNECTION OR INTERACTION WITH THE SOFTWARE, WILL BE
ERROR-FREE OR SECURE. COMPANY SPECIFICALLY STATES THAT APP IS HOSTED ON A THIRD
PARTY SERVERS AND COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY
INTERRUPTION IN THE ABILITY TO MAKE USE OF THE SOFTWARE OR ABILITY TO ACCESS
THE ACCOUNT, INCLUDING ANY LOSS OF DATA FROM THE ACCOUNT OR ANY OTHER DETAILS
SAVED THEREIN. YOU SHALL BE FULLY AND SOLELY LIABLE FOR BACKING UP ANY
INFORMATION ADDED INTO THE ACCOUNT OR USED WITH THE APP.
16.3. Applicable law may not allow the
exclusion of certain warranties, so to that extent such exclusions may not
apply.
17.1.1. UNDER NO CIRCUMSTANCES SHALL
COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR
REPUTATION, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, EVEN IF COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17.1.2. IN NO EVENT SHALL COMPANY'S
LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP
(INCLUDING IN CORRELATION WITH THE SOFTWARE), EXCEED THE AMOUNT PAID TO COMPANY
UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT, AND IF NO
SUCH PAYMENTS HAVE BEEN MADE, THAT DO NOT EXCEED $1.00 (ONE) US DOLLAR.
17.1.3. NOTWITHSTANDING THE ABOVE, UNDER
NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY DAMAGE, SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA,
REVENUE, BUSINESS OR REPUTATION, AND ON ANY THEORY OF LIABILITY, WHETHER FOR
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR
OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
THAT ARISE UNDER, AS A RESULT OF OR IN CONNECTION WITH: (I) THIS AGREEMENT, OR
THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP (WHETHER ALONE
OR TOGETHER WITH THE SOFTWARE) INCLUDING ANY DAMAGE THAT MAY BE CAUSED BY, DUE
TO OR IN RELATION TO THE UNTIMED BOOKINGS, OR DAMAGES CAUSED BY BOOKINGS ,
MISTAKES IN SALARIES, MISTAKES IN DATA INSERTED, OR INABILITY TO BOOK THROUGH
THE APP, ANY CLAIMS OR DAMAGES BY OR TO COMPANY OR BY OR TO THIRD PARTIES
REGARDING SERVICES BOOKED USING THE SOFTWARE, THE APP OR ANY OTHER SERVICES
RELATED THERETO INCLUDING DAMAGES CAUSED BY DATA, HOURS, SALARIES OR BOOKINGS
OR INABILITY TO ENTER DATA, HOURS, SALARIES OR BOOK THROUGH THE APP (INCLUDING
IN RELATION TO THE SOFTWARE) ; (II) THE RECRUITMENT OF EMPLOYEES, SERVICE
PROVIDERS, CONSULTANTS OR PERSONNEL BY THE SOFTWARE LICENSEES OR AS A RESULT OF
ANY ASPECT OF EMPLOYEES , SERVICE PROVIDERS, CONSULTANTS OR PERSONNEL
EMPLOYMENT OR RECRUITMENT BY THE SOFTWARE LICENSEES INCLUDING ANY BUGS IN THIS
PROCESS CAUSED OR RELATED TO THE SOFTWARE OR THE APP AND ANY CLAIMS OR DAMAGES
BY OR TO YOU OR THIRD PARTIES REGARDING SERVICES, INCLUDING BY SOFTWARE
LICENSEES, PROVIDED OR TO BE PROVIDED USING THE APP (INCLUDING IN CORRELATION
WITH THE SOFTWARE) OR ANY OTHER SERVICES RELATED THERETO (III) THE SOFTWARE
LICENSEE APPEAL OR REJECT OF CERTAIN REQUESTS AND OFFERS BY YOU OR OTHER APP USERS
AS PART OF THE RECRUITMENT PROCESS.
17.1.4. IN ADDITION, IT IS SPECIFICALLY
BROUGHT TO YOUR ATTENTION, AND YOU HEREBY CONFIRM AND WARRANT THAT YOU ARE
AWARE THAT SOFTWARE AND APP ARE PROVIDED BY WAY OF SOFTWARE AS A SERVICE (SAAS)
HOSTED BY AWS (AMAZON WEB SERVICE) AND COMPANY HAS NO LIABILITY OR WARRANTY IN
RELATION THERETO INCLUDING REGARDING ACCESSIBILITY OR UNINTERRUPTED SERVICE.
SOFTWARE AND APP ARE HOSTED BY AWS AND ARE SUBJECT TO THEIR SPECIFIC TERMS OF
USE DETAILED IN https://aws.amazon.com/service-terms/ AND COMPANY SHALL HAVE NO
LIABILITY WHATSOEVER WITH REGARDS TO THESE MATTERS, INCLUDING IN CASE OF LOST
DATA, INABILITY TO ACCESS OR UN-OPERATION. AGREEMENT TO THE TERMS IN THIS
AGREEMENT INCLUDE AGREEMENT TO THOSE SPECIFIC THIRD PARTY TERMS, INCLUDING THE
AWS TERMS AND YOU HEREBY CONFIRM YOU HAVE READ AND ARE FAMILIAR AND AGREE TO
ACT ACCORDING TO ALL SUCH TERMS, IN ADDITION TO THE TERM IN THIS AGREEMENT.
17.1.5. WITHOUT DEROGATING FROM THE
ABOVE, AND IN ORDER TO CLARIFY, SOFTWARE LICENSEES SHALL BE SOLELY RESPONSIBLE
AND LIABLE FOR THE RECRUITMENT AND/OR EMPLOYMENT OF THE EMPLOYEES, SERVICE
PROVIDERS, CONSULTANTS OR PERSONNEL THROUGH THE APP AND ALL ACTIONS OR SERVICES
PROVIDED OR NOT PROVIDED, BASED ON, IN
RELATION TO OR WITH THE USE OF THE SOFTWARE OR THE APP (INCLUDING AS USED IN
CORRELATION WITH THE SOFTWARE) AND INCLUDING, WITHOUT DEROGATING FROM THE
GENERALITY OF THE ABOVE, ALL PAYMENTS OR
RECRUITMENTS RELATED THERETO .
17.1.6. IF YOU HAVE A DISPUTE WITH ANY
OTHER APP USER OR SOFTWARE LICENSEE, 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 ANY SUCH DISPUTE.
17.1.7. THE PARTIES AGREE TO THE
ALLOCATION OF LIABILITY RISK WHICH IS SET FORTH IN THIS SECTION.
18.
Indemnity. You agree to defend, indemnify and hold harmless Company 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, or inability to use, the App (whether alone or together with
the Software); (ii) your violation of this Agreement, the Third Party Terms or
the Usage Rules; (iii) negligence or willful misconduct and (iv) your violation
of any third party right, including without limitation any copyright, property,
or privacy right, including Software Licensee account or databases therein; (v)
every aspect of your employment or recruitment (or non employment or non
recruitment) as a result of using the App, including but not limited, your
recruitment, payments of salaries, social benefits and any compensation
required under any law, and your protection, safety, health and welfare; (vi)
Your appeal or rejection of an employment or recruitment offer as part of the
Recruitment Process further described herein and all of the above, also including but not limited, untimed or damages
caused by bookings or inability to book through the App, any claims or damages
by or to Software Licensee or by or to third parties regarding services booked
using the App or the Software or any other services related thereto, or any
claims of any App user, as well as from Your failure to comply with the terms
in this Agreement.
19.
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. Updates and Upgrades. We may
from time to time provide updates or upgrades to the App (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 the App. All references
herein to the App shall include Revisions.
This Agreement shall govern any Revisions that replace or supplement the
original App, unless the Revision is accompanied by a separate license
agreement which will govern the Revision.
20.1. This Agreement is effective until
terminated by Us or You. We reserve the
right, at any time, to: (i) discontinue or modify any aspect of the App; and/or
(ii) terminate this Agreement and Your use of the App with or without cause,
and shall not be liable to You or any third party for any of the
foregoing. If you object to any term or
condition of this Agreement or any subsequent modifications thereto, or become
dissatisfied with the App in any way, your only recourse is to immediately
discontinue use of the App.
20.2. Upon termination of this
Agreement, You shall cease all use of the App.
This Sectionand Sections 11 (Intellectual Property Rights), 14 (Privacy), 15 and 16 (Warranty and Warranty Disclaimers), 17
(Limitation of Liability), 18 (Indemnity), and21(Assignment) to 24 (General) and any other section that by its nature shall survive termination of this Agreement,
shall survive termination.
21.
Assignment. This Agreement,
and any rights and licenses granted hereunder, may not be transferred or
assigned by You but may be assigned or transferred by Us without restriction or
notification.
22.
Modification. We reserve the
right to modify this Agreement at any time by sending you an in-App
notification and/or publishing the revised Agreement on the App. Such change will be effective ten (10) days
following the foregoing notification thereof or posting of such notification,
and your continued use of the App thereafter means that you accept those
changes.
23.
Governing Law and Disputes. This
Agreement shall be governed by and construed in accordance with the laws of the
State of Israel without regard to its conflict of laws rules. You agree to
submit to the personal and exclusive jurisdiction of the courts located in Tel
Aviv-Yaffo, 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.
24.
General. This
Agreement, together with the Privacy Policy and any other legal notices
published by Us in connection with the App, shall constitute the entire
agreement between You and Company concerning the App. In the event of a conflict between this
Agreement and any of the foregoing, the terms of this Agreement shall
prevail. No amendment to this Agreement
will be binding unless in writing and signed by Company or as detailed above in
Section 23. If any provision of this
Agreement 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 this Agreement 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 this Agreement shall not
constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF
ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
25.
Distributor Requirements and Usage Rules.
25.1.
Apple. If You download the App from the Apple, Inc.
(“Apple”) App Store (or in any event
if you download an Apple iOS App) then, without derogating from the warranty
disclaimers and limitation of liability as set forth in the Agreement:
(i) You acknowledge and agree that:
(a) this Agreement is concluded between Company and you only, and not with Apple, and Company and its licensors, and not Apple, is solely responsible for the App and the content thereof.
(b) your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
(c) the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
(d) Company is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
(e) Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company's sole responsibility;
(f) Company, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, including in connection with the App's use of HealthKit and HomeKit frameworks;
(g) in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Apple shall not be responsible for the investigation defense, settlement and discharge of any such intellectual property infringement claim;
(h) Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
(ii) You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
(iii) If you have any questions, complaints, or claims regarding the App, please contact Company at :
Email: info@ubeya.com.
Telephone:
US:
+1-(646) 798-6985 / Israel: +972-(054) 784-4367
Address: 22, Nachshon St. Ramat-Hasharon, Israel
(iv) By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet Your language and other local requirements. To the extent that the foregoing is not permitted, You agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
1.
Last updated: August 24 20117