- Welcome to AppsVillage. The Service allows business entities with a Facebook Page to build a branded mobile application and marketing tool (an “App”), containing and offering AppsVillage functionality.
- You may only use the Service for if you are an individual with full legal capacity, and duly authorized on behalf of a Business to be its Facebook Page Administrator to enter into this agreement.
- You must verify your business and provide written authorization from both the Facebook page Administrator and an authorized owner/officer of the business.
- Following subscription, new AppsVillage members enjoy a 7 day free trial (limited). We will begin billing your payment method at the end of the free trial period unless you cancel your subscription prior to that date.
- Publication of the App on the various application stores is conditioned on the App being approved by the respective application stores. AppsVillage cannot and does not guarantee that the App will be approved by the respective application store.
- If the App is ultimately not approved by the respective application stores, we will provide an equitable refund of the subscription fee you have paid.
- The various application stores (e.g., Apple and Google) are not responsible for the Service, the App or the content on the App and do not endorse any of these. Issues in the App should be addressed to us, not to the application stores.
- There are no refunds or credit for partially used periods. Exceptions to this are refunds mandated by law or where the App is not approved for publishing by AppsVillage or by the relevant application stores (e.g., Apple or Google).
- When you use the Service to build your App, the Service will automatically use and process content available on the business’s Facebook Page. You may add to, remove or change such content. We do not claim ownership over the business’s content, but you do give us a right to use it for the purpose of providing you the Service and administering Your App.
- You represent that you will comply with all applicable laws, rules and regulations while using the Service in the jurisdiction or geographical region for which you are publishing your application, including without limitation in connection with all advertising and marketing associated with your App(s).
- AppsVillage has the right to suspend any account that does not comply or post content which infringes on the rights of others - or if we are notified of alleged infringement by a content owner.
- You must provide us with documentation establishing that you own the content or have the rights to publish content. App whose owner is found not to have the proper rights to publish its content will be removed.
- Following termination, your Subscription will be terminated, your User Account will be cancelled and your App will not be accessible to you or any third party. The Service does not provide any data back-up services.
- THE TERMS INCLUDE ADDITIONAL PROVISIONS THAT YOU SHOULD CAREFULLY READ, SUCH AS PROVISIONS REGARDING WARRANTY, LIMITED LIABILITY, INDEMNIFICATION AND ASSIGNMENT.
AN APP, WHEN CREATED, FUNCTIONS MERELY AS MEANS FOR COMMUNICATION AND MARKETING. ANY AND ALL COMMUNICATIONS AND INTERACTIONS BETWEEN YOU AND THIRD PARTIES, AND ALL CONSEQUENCES RESULTING FROM THE ABOVE, ARE STRICTLY BETWEEN YOU AND SUCH THIRD PARTIES, AND YOU ASSUME FULL AND EXCLUSIVE RESPONSIBILITY FOR THEM. WE ARE NOT A PARTY TO THOSE COMMUNICATIONS, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICE IS AT YOUR OWN SOLE RESPONSIBILITY.
Welcome to AppsVillage, an online mobile platform and service that allow business entities with a Facebook Page (a “Business”) to build a branded mobile application and marketing tool (an “App”, collectively the “Service”) that contains AppsVillagefunctionality. Our own designated mobile software application for building an App, constitutes integral component of the Service, and be referred to as the “AdminApp”. Your access and use of the Service and the AdminApp is made through a smartphone device (the “Device”) with an internet access.
You may only use the Service if you are an individual with full legal capacity, and are duly authorized on behalf of a Business to be its Facebook Page Administrator, enter into this agreement, and build and manage an App on behalf of such Business (you and the Business, collectively “you” or “your”).
We reserve the right to terminate these Terms and your license to use the Service, if we find that you do not qualify the abovementioned requirements, or request additional information to confirm the above.
AN APP, WHEN BUILT, FUNCTIONS MERELY AS MEANS FOR COMMUNICATION AND MARKETING. We do not provide any safeguards to ensure that your use of Your App is made in compliance with all laws and regulations that may apply to you or your interaction with third parties.
You hereby represent, warrant, and covenant that you will comply with all applicable laws, rules and regulations while using the Service, in the jurisdiction or geographical region for which you are publishing your application, including without limitation in connection with all advertising and marketing associated with Your App(s).
ANY AND ALL COMMUNICATIONS AND INTERACTIONS BETWEEN YOU AND THIRD PARTIES, AND ALL CONSEQUENCES RESULTING FROM THE ABOVE, ARE STRICTLY BETWEEN YOU AND SUCH THIRD PARTIES, AND YOU ASSUME FULL AND EXCLUSIVE RESPONSIBILITY FOR THEM. WE ARE NOT A PARTY TO THOSE COMMUNICATIONS, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICE IS AT YOUR OWN SOLE RESPONSIBILITY.
Note that use of the Service involves the use of certain platforms and features that Facebook enables. Your use of such platforms and features, including the Business’s Facebook Page, is governed by Facebook respective terms of service (currently called “Statement of Rights and Responsibilities”), not these Terms. By using the Service you represent that you comply with such Facebook terms. You bear the sole and exclusive responsibility for complying with Facebook terms of service.
Because the Service includes a smartphone or tablet AdminApp, it may be subject to additional terms and conditions that govern the use of Apple or Android apps. You bear the sole and exclusive responsibility for complying with any such additionally applicable terms and conditions.
Subject to these Terms, you may download and install the AdminApp on a Device, and use the Service, exclusively for the Business’s reasonable needs.
User Account and Subscription
To use the Service and build Your App, you, the Facebook Page Administrator, will need to authenticate through your Facebook account login which you use as the Facebook Page Administrator, and then create your AppsVillage user account (the “User Account”).
To publish Your App and receive related services, you will need to subscribe and provide us with a current, valid, accepted method of payment (as such may be updated from time to time) (“Payment Method” and “Subscription”). Your Subscription will continue on a monthly or yearly basis, depending on your selected subscription plan, unless and until you cancel it and terminate these Terms (see “Termination” section below) or otherwise have or have been suspended or discontinued pursuant to these Terms.
By providing a Payment Method, you represent and warrant that you are lawfully permitted to use the selected payment method in connection with your use of the Service. We may require additional information from you before completing payment transactions.
Payment methods are processed and handled through relevant third parties, such as credit card service providers and payment processors (e.g. PayPal). Payment methods are therefore subject not only to these Terms, but also to terms and conditions of these third parties pursuant to your contractual relations with them. You acknowledge that the third parties processing any of the payment methods may charge you commission on their end of the transaction. We are not responsible for such commission, which is strictly within your contractual relations with the relevant payment method processor.
You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details. You are prohibited from selling, transferring or making the User Account available to any third party, in any way.
You are solely responsible and liable for all activities performed in or through the Service with or through your User Account. To prevent unauthorized use, keep your password confidential and do not share it with any third party.
As part of the enrollment process, you will be required to verify your business and provide written authorization from both the Facebook page Administrator and an authorized owner/officer of the business. You will also be required to provide us with documentation establishing that you own the content or have the rights to publish content.
App whose owner is found not to have the proper rights to publish its content will be removed.
Publication of the App on the various application stores (e.g., Google Play, Apple AppStore) is conditioned on the App being approved by the respective application store (e.g., Apple, Google). Neither subscribing to the Service nor submitting the App for approval by the application stores, guarantees that the App will be approved by the respective application store. AppsVillage cannot and does not guarantee that the App will be approved by the respective application store. If the App is ultimately not approved by the respective application stores, we will provide an equitable refund of the subscription fee you have paid.
New AppsVillage members enjoy a free trial period. The free trial period starts immediately following your initial Subscription, and lasts for 7 days, or as otherwise specified during sign-up. We will begin billing Your Payment Method at the end of the free trial period (the “Chargeable Period”) unless you cancel your Subscription prior to that date. Free trials are for only new AppsVillage members. We reserve the right, in our sole and absolute discretion, to evaluate and determine your free trial eligibility.
You will not receive a notice from us that your free trial period has ended or that the Chargeable Period of your Subscription has begun.
By providing or designating a Payment Method, you give your consent to being billed for the applicable fee for monthly or yearly Subscription fee at the then current rate (the “Subscription Fee”) specified during your registration process, in addition to any applicable taxes, charges and debit that You may incur in connection with Your use of the Service.
You are responsible for paying all applicable fees, whether or not you actually accessed, enjoyed or otherwise benefited from the Service. PAYMENTS ARE NON REFUNDABLE. THERE ARE NO REFUNDS OR CREDIT FOR PARTIALLY USED PERIODS (INCLUDING SUSPENSION PERIODS). EXCEPTIONS TO THIS ARE REFUNDS MANDATED BY LAW OR WHERE THE APP IS NOT APPROVED FOR PUBLISHING BY APPSVILLAGE OR BY THE RELEVANT APPLICATION STORE (E.G., APPLE OR GOOGLE).
The Subscription Fee will be billed at the beginning of the Chargeable Period of your Subscription and each month or year thereafter, depending on your selected subscription plan, unless and until Your User Account was terminated. Your Payment Method will be automatically billed, each month, on the calendar day approximately corresponding to the commencement of your Chargeable Period, or each year, depending on your selected Subscription plan.
All fees are quoted in U.S. Dollars, unless expressly stated otherwise. Fees will be regarded as paid only after your credit card issuer or PayPal online payment service, as applicable, has confirmed the transaction.
We will not be liable for mistakes, errors, malfunctions or miscalculations that you or third party payment processors might make in the course of a payment transaction.
If you fail to remit payments due, following a seven (7) days prior notice to you, we may suspend, disable or terminate your User Account, in addition to any other remedies available to us under the applicable law. You waive any and all claims against us and anyone on our behalf in connection therewith.
We may, at any time and at our sole discretion, transform a free of charge section of the Service to a fee-based service, and change the applicable fees and payment terms. Changes in the fees and payment terms will take effect following e-mail notice to you.
Administration of vouchers are one of the functionalities that we provide through the App.
Subject to the terms of this section, you may offer vouchers for sale through the App, to the App’s users. Such vouchers are redeemable by users, for a particular product or service that you offer at your Business, or as a discount on a particular product or service, that you offer at your Business (the “Voucher” and the “Redeemable Product/Service”, respectively).
When you offer Vouchers, you must provide complete information regarding the Redeemable Product/Service, including all terms and limitations applicable to the Redeemable Product/Service, in the extent and scope required by applicable consumer protection laws. You assume full responsibility and liability for the Redeemable Product/Service, for the pricing of the Voucher and the Redeemable Product/Service, the transactions made with users or consumers regarding the Redeemable Product/Service, returns and refunds for the Redeemable Product/Service, and the information you disclose regarding the Redeemable Product/Service, all of which must fully comply with all applicable laws.
You must establish, and may update from time to time, a refund policy for the Voucher, subject to and in compliance with applicable consumer protection law.
When you add a Voucher to your App you will be asked to price the Voucher (the “Price”). Users purchasing the Voucher will be charged the Price you determine.
End users will be able to purchase Vouchers only through one of the credit card types supported by our arrangement with the third party payment processing provider. End-user’s payments for Vouchers will be charged and processed by our third payment processing provider. We will remit to you payments collected by the third payment processing provider in connection with your Vouchers (“Collected Amounts”), minus deductible portions, all pursuant to the terms set forth below.
- We will deduct the following components from the Collected Amounts:
- A commission of 8%.
- Any amount of withholding tax we are required to deduct at source under applicable law.
- Any amounts refunded to end-users in connection with cancelled or refunded Vouchers and any commissions or surcharges we are charged by our third party payment processing provider in connection with such refunds.
- Collected Amounts do not bear any interest or linkage to any price index.
- We will remit to you the Collected Amounts minus the above deductibles, a few days after we receive the Collected Amounts from our third payment processing provider, as provided below. This should ordinarily be around the 20th day of the month following the month in which the Collected Amounts were charged from consumers. However, if the Collected Amounts at the end of a given month are less than the payment processing provider’s minimum threshold for remittance (usually, $100), then the Collected Amounts will not be remitted to you as per the above schedule, but rather carried over to the next month, until the Collected Amounts exceed such threshold. If the Collected Amounts minus the above deductibles result in a negative balance (such as due to refunds exceeding Collected Amounts), then we will charge you, and you will be obligated to remit to us, payment to fully cover such negative balance, immediately upon our first request.
You are solely responsible for properly issuing and delivering an invoice for each User that purchases a Voucher. We will issue the User a receipt for the payment made.
Termination and suspension
Termination by you
You may cancel Your Subscription and terminate these Terms at any time by providing us written notice of cancellation and termination through: 'Cancel App’ in the ‘Settings’ menu, ‘Account Settings’ sub-menu. In order to avoid billing of the next term’s Subscription fees to Your Payment Method, cancel Your Subscription before its next renewal.
Termination by Us
In addition to any remedies that may be available to us under any applicable law, if we believe that you misused the Service or breached these Terms, we may:
- Limit or suspend Your User Account and Your access to Your App;
- Terminate these Terms, and take technical and legal measures to keep you off the Service.
Effects of Termination
Upon termination, you must discontinue any and all use of the Service and uninstall the AdminApp from all of your Devices.
Following termination, your Subscription will be terminated, your User Account will be closed and Your App will not be accessible to you or any third party (such as your current or prospected customers).
Termination of these Terms will not preclude our continued use of (Business’s or user-generated content) we have obtained, prior to termination.
The following sections shall survive any termination, or expiration of the Terms: Billing, Effects of termination, Content and dealings, Your privacy, User’s Privacy, Intellectual property, Limitation of Liability, Indemnification, Governing Law & Jurisdiction, General.
Content and dealings
When you use the Service to build Your App that contains AppsVillage functionality, the Service will automatically use and process content in textual, audio or visual form (or any combination thereof; collectively, the “Content”) available on Your Facebook Page. It may include Business’s trademark(s) and additional assets of the Business.
While you customize Your App, you may add to, remove or change Your App’s Content. Adding Content such as images or videos requires the AdminApp’s access to your Device’s camera, microphone and local storage.
We do not claim ownership over the Content that you create, upload to or post on or through the Service.
Prior to Subscription, which will make Your App public, you are required to remove from Your App any Content that does not pertain to the Business.
When you Subscribe, or use the Service to create, upload or post Content, You represent and warrant to us that:
- You are the rightful owner of all rights to such Content, or You are lawfully licensed by all the rightful owners to upload to, and post such Content on, or through, the Service;
- You are lawfully entitled to grant us the licenses in and to such Content, as contemplated by these terms;
- You lawfully obtained the consent of all individuals depicted, shown or referred to in the Content, to include them in the Content and to use that Content for the purposes and in the manner contemplated by these terms. With respect to minors depicted, shown or referred to in the Content, you lawfully obtained the consent of their parents or legal guardians, as well as such minors approval;
- Creating the Content, uploading it to and posting it on or through the Service, does not infringe any rights of third parties, including intellectual property rights, privacy rights and publicity rights or any of Facebook’s terms.
Specifically, you signify your specific consent that following Subscription, if you select to continue “syncing” the App with your Facebook Page, the Content available on Your Facebook Page will be continuously used to sync Your App.
Content presented through the App originates from you and third parties. You may find that such Content is not compatible with your requirements, objectionable, annoying, improper or immoral.
Any and all communications and interactions between you and third parties, and all consequences resulting from the above, are strictly between you and such third party, and you assume full and exclusive responsibility for them. We are not a party to those communications, interactions, dealings, engagements and transactions.
We do not normally examine, approve or disqualify Content that you or others have uploaded or posted through the App, but we reserve the right to do so.
Use of the Service and restrictions
While using the Service, You agree to refrain from –
- Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Service;
- Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, spam, copyright, commerce and consumer rights.
- Interfering with, burdening or disrupting the functionality of the Service;
- Breaching the security of the Service or identifying any security vulnerabilities in it;
- Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
- Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect or compile content from the Service;
- Displaying the Service, an App or any part thereof in an exposed or concealed frame, or linking to elements or portions on or of the Service or an App, independently from manner on which they originally appear or are made available through the Service or the App;
- Impersonating any person or entity, or making any false statement pertaining to Your identity, employment, agency or affiliation with any person or entity;
- Collecting, harvesting, obtaining or processing personal information of or about other users of the Service.
Without derogating from any of the above, you may not post, disseminate, transmit or otherwise communicate through the Service any Content which:
- May infringe rights of others, including a person's right to privacy or right of publicity, patents, copyrights, trade secrets and trademarks;
- May depict or identify minors, their personal details, their address or ways to contact them, without their legal guardians explicit consent, as well as such minors approval, when practically possible;
- May include software viruses, spyware or any other malicious applications;
- May encourage, support, assist, or advise in the commission of a criminal offense or carry an elevated risk of psychological or physiological stress or injury or damage to property;
- May, through posting, publication, dissemination, or making available to the public, be prohibited by any applicable law, including court orders;
- May be threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;
- Is overtly sexual or pornographic material, defined by Webster's Dictionary as "explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings";
- May be defamatory or mean-spirited, including references or commentary about religion, race, sexual orientation, gender, or other targeted groups, particularly if the app is likely to place a targeted individual or group in harm’s way. Professional political satirists and humorists are generally exempt from this requirement;
- Contains inflammatory religious commentary or inaccurate or misleading quotations of religious texts;
- Includes false information and features, including inaccurate device data or trick/joke functionality, such as fake location trackers;
- Is a realistic portrayal of people or animals being killed, maimed, tortured, or abused, or content that encourages violence. “Enemies” within the context of a game cannot solely target a specific race, culture, real government, corporation, or any other real entity;
- Include depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms;
- May include unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.
You may not access or use the Service in order to develop or create a similar or competitive product or service.
You may not use the Service to send invitations or notifications to anyone who has not expressed their consent to receive such invitations or notifications from you.
You acknowledge and agree that we may use the App (along with its Content), for demonstrations, marketing and sales purposes.
Change of administrators
Only Business’s Facebook Page administrators are allowed to use the Service and manage the App. If you cease to be the administrator of the Business’s Facebook Page, then your User Account may be automatically cancelled, the App may be suspended and may no longer be accessible to you or third parties.
You can change app administrators by adding or removing Facebook Page administrators. Such change will propagate to the AdminApp and allow newly added administrators to manage the app, or deny from removed Facebook Page administrators from managing the app.
Any change to the app’s administrators has no effect on the app’s current payment method or subscription. Such subscription shall continue its reoccurring
The following procedure and policy applies in the event that the Business wishes to replace its authorized Facebook Page administrator:
- The Business’s current Facebook Page administrator must send us a written request via email firstname.lastname@example.org stating that it intends to appoint a new Facebook Page administrator and that it acknowledges that the App will be temporarily suspended until transition to a replacement Facebook Page administrator is completed. The email request must include the name and email address of the newly appointed Facebook Page administrator.
- We will then evaluate the request and determine whether to approve or decline it (but we will not unreasonably withhold approval or decline the request).
- If we approve your request, we will send an email to the newly appointed Facebook Page administrator, requesting that they accept our Terms and provide a payment method. Once the newly appointed Facebook Page administrator accepts our Terms and provides a valid payment method, the process is completed, the App will be re-activated.
We will not send Your App’s users e-mails or messages about other tools available through the Service.
Other than your Content and the Content of Your App’s users, we and our licensors own all rights, title and interest in and to the Service and Your App, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith.
Unless as expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Service, any part thereof or any of the Content on or of the Service (except for Your Content), either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means.
You may not adapt or otherwise use, including in any Internet domain name, any name, mark or logo that is similar to our marks and logos. You must refrain from any action or omission which may dilute, or tarnish our goodwill.
Requests to remove Content from the Service
You and third parties may request that we remove Content from the Service (including from Your App).
Any requests to remove Content from the Service that purportedly infringes or violates third party rights, such as copyright, privacy or publicity, must be made in accordance with our Content Takedown Policy, which is incorporated to these Terms by reference.
To comply with copyright, privacy or other restrictions (including such that are made by Facebook), we may, at any time, at our sole discretion and without prior notice to you, remove or modify any of your Content or any other Content that was created, uploaded, streamed or posted on or through the Service, without any liability to you.
Changes in the Service; discontinuation
We may, but are not obligated to, maintain the Service with periodic releases of bug fixes, code updates or upgrades. We will determine, in our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), for any of these releases or the lack thereof.
You grant us your express consent to remotely send and automatically install on your Device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the AdminApp, which, among other things, may change the AdminApp and Your App's settings, layout, design or display.
We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service or the content available therein.
Such changes, by their nature, may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
We may, at any time, at our sole discretion, discontinue, terminate or suspend the operation of the Service, or any part or aspects thereof, temporarily or permanently, without any liability to you.
Service support, availability and quality
The availability, quality and functionality of the Service depends on various factors, including software, hardware, communication networks, and the quality of cellular network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free.
Also, we may, from time to time and as we shall deem fit in our sole discretion, need to interrupt the Service for maintenance and other operational reasons.
WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS. You will not receive any compensation or refund for such interruptions.
You acknowledge that the Service DOES NOT provide any data back-up services, including with respect to any Content or any other data that You or third parties upload, post or use.
Changes to the Terms
We may amend the Terms from time to time. In such case, we will notify you of the amended Terms, through e-mail or through a pop-up when you access the App. If you do not accept the amended Terms, these Terms will be terminated (see “Effects of termination” section). Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. The latest version of the Terms will be accessible through the App.
DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE APP, THE ADMINAPP, CONTENT, YOUR USER ACCOUNT, THE BILLING, ANY INTERACTION RELATED TO THE SERVICE, ANY THIRD PARTY SOFTWARE, HARDWARE OR PLATFORM, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RELIABILITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY.
LIMITATION OF LIABILITY
WE, INCLUDING OUR STAFF, SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANYINDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE SERVICE, THE APP(S), THE CONTENT, THE BILLING, THE USE OF, OR THE INABILITY OF YOU OR THIRD PARTIES TO USE THE SERVICE OR YOUR USER ACCOUNT, OR ANY COMMUNICATION OR INTERACTIONS WITH THE SERVICE, OR ANY COMMUNICATIONS, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS WITH OTHERS ON OR THROUGH THE SERVICE, OR YOUR RELIANCE UPON THE SERVICE OR ANY CONTENT POSTED OR AVAILABLE ON THE SERVICE, OR ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR ANY RELIANCE MADE BY YOU ON THIRD PARTY SOFTWARE, HARDWARE OR PLATFORM, OR ANY FAULT, OR ERROR MADE BY OUR STAFF, OR ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT ON THE SERVICE.
TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID YOU PAID IN CONNECTION WITH THE SERVICE, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIMED DAMAGE.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of, or inability to use, the Service, App(s), any Content, your breach of the Terms, Your breach of any other terms, rules or regulations applicable to the Service (including Facebook terms), as well as your violation, or your contribution to the infringement, of any other person’s rights.
Links and Commercial Information in the Service
The Service may contain links to Content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and Content posted therein not compatible with your requirements, or you may object to their content, or find such Content to be annoying, improper, unlawful or immoral. By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.
Your use of the App may be subject to additional third party terms and conditions that govern that application marketplace from which you downloaded the App, such as Google Play or Amazon Appstore for Android. Those other third parties may be beneficiaries of these Terms, pursuant to those marketplace’s terms. Such other third parties are not responsible for providing maintenance and support services with respect to the App.
Such additional third party terms may be changed from time to time by the application marketplaces. If that occurs, we may be required to remove certain Apps as a consequence.
The following terms apply if you downloaded an App from Apple's App Store. You and us agree and acknowledge as follows:
These Terms are concluded between yourself and us, and not with Apple Inc. ("Apple"). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.
The license granted to you for the App is limited to a non-transferrable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and sued by other accounts associated with the purchaser via Family Sharing.
In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has 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 not be at Apple’s responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
You must comply with applicable third party terms of agreement when using the App (e.g. you must not be in violation of your wireless data services agreement when you use the App).
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You represent and warrant that (i) 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Software
The AdminApp and App may contain or rely upon third party software necessary for its execution, including open source software (“Third Party Software”). The license granted to you under these terms does not cover your use of third party software. You acknowledge and agree that any access to and use of such third party software is separately licensed to you pursuant to the terms and conditions of their respective third party software licenses.
For avoidance of any doubt, it is hereby clarified that your use of the AdminApp or App may be subject to terms and conditions that govern your Device. You bear the sole and exclusive responsibility for complying with any terms and conditions that may additionally apply.
Governing Law & Jurisdiction
Regardless of Your place of residence or organization, or where you access or use the Service from, these Terms and your use of the Service will be exclusively governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel.
Before submitting any dispute, claim, or controversy arising out of, in connection with or relating to these Terms, to adjudication in court, you and us will dedicate at least two weeks to attempt to amicably resolve such matter in an informal dispute resolution process. However, nothing herein shall, in any way, affect either party’s right to seek interim or emergency relief in the court of competent jurisdiction, or our right to lodge a claim against You pursuant to the indemnity clause above, in any court adjudicating a third party claim against us – all, without referring the matter to amicable resolution pursuant to the foregoing.
The competent courts located in the Tel-Aviv-Jaffa district will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms. You and us, each, hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.
Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
These Terms may only be modified by written amendment duly executed by us. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.
Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
You may not assign or transfer your rights and obligations under the Terms without our prior written consent, which consent shall not be unreasonably withheld. Any attempted or actual assignment by you, without our prior consent, shall be null and void. Notwithstanding the provisions of the Assignment of Obligations Law-1969, we may assign these Terms in their entirety, including all right, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a merger, acquisition, change of control or the sale of all or substantially all of its equity or assets relating to the Agreement. By virtue of such assignment, the assignee assumes our stead, including all right, duties, liabilities and obligations.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
At any time, you may contact us with any question that you may have with respect to the Service, at: email@example.com.
Last updated: April 18, 2017.