Last Updated: December 16, 2018
This software and related services agreement (“ToU“) is between you (“you“) and Yankel Tech Ltd., an Israeli registered company (“we“, “us“, “our” or “Yankel Tech“) regarding your use of our application known as “FamilyKeeper” (the “App” or “FamilyKeeper“) and the services related thereto. The terms of these ToU shall apply to any updates and upgrades, unless we shall publish other terms as and when we release such updates and/or upgrades.
THE APP WAS DESIGNED AS A SERVICE FOR PARENTS AND OTHER LEGAL CUSTODIANS TO SUPERVISE THE ACTIVITIES, INCLUDING INTERNET USE AND ONLINE COMMUNICATIONS, OF THE MINORS IN THEIR CARE. YOU, AS THE USER OF THE APP, SHALL BE RESPONSIBLE TO ENSURE THAT THE MINORS IN YOUR CARE HAVE BEEN DULY NOTIFIED OF THE PURPOSES OF THIS APP AND THE PERSONAL INFORMATION THAT MAY BE COLLECTED BY THE APP. THIS APP IS NOT INTENDED TO REPLACE PARENTAL SUPERVISION AND VIGILANCE, BUT RATHER IS INTENDED TO ASSIST THE PARENTS IN GUIDING THE MINORS IN THEIR CARE IN THE PROPER AND RESPONSIBLE USE OF MOBILE DEVICES AND OTHER ONLINE ACTIVITIES.
BY USING THE APP YOU ALSO REPRESENT AND AGREE THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS IN CONNECTION WITH YOUR USE OF THE APP, YOU WILL NOTIFY THE MINORS OF THE USE OF THEIR PERSONAL INFORMATION COLLECTED BY YOU THROUGH THE APP, WILL OBTAIN THEIR CONSENT, AND USE SUCH PERSONAL INFORMATION FOR LAWFUL AND LEGITIMATE PURPOSES ONLY.
Creating an Account and Maintaining Confidentiality of Your Password
When you register to use the App, we will provide you with a username and password, which will enable you to access your account. PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. In this regard, you agree: (a) to keep your password secure and confidential; (b) not to permit others to use your account; (c) not to transfer or assign your account’s password to a third party; (d) that you are solely responsible for actions taken in your account, and we will not be liable for any loss or damage arising from any unauthorized use of your account or any other breach of security relating to your account. On becoming aware of any unauthorized use and/or breach of your account, you will notify us without delay.
The availability and functionality of the App depends on various factors, including software, hardware and communication networks, that are provided by third parties. These factors are not fault free and are not under our control.
We do not warrant that the App will operate without disruption, errors or interruptions, or that it will be accessible or available at all times or be immune from errors or unauthorized access.
You agree to provide us with accurate and truthful registration information, including, but not limited to, your name, date of birth, address, telephone number, and e-mail address to keep your registration information current throughout your use of the App and related services.
Changes in the App
Prior to any remotely sent installations on your mobile device by us, including updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the App, we will send and obtain your prior approval. Such approval, to the extent received from you, may be obtained to: (a) restore settings and preferences that had originally been set by a previous version of the App, but were then subsequently modified by another application; or (b) change the App’s layout, design or display.
We may, at any time and without notice, modify the scope or availability of the App’s related services. Such changes by their very nature may cause inconvenience or even malfunctions.
You acknowledge and confirm 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, however, at any time, at our sole discretion, terminate the operation of the App, or part thereof, temporarily or permanently. We will make reasonable efforts to provide a prior notice to this effect. Notwithstanding the foregoing, you recognize that we do not assume responsibility with respect to, or in connection with, the termination of the App’s operations.
The use of the App by you and/or by anyone else on your behalf is and shall remain solely your responsibility, including for all acts or omissions associated and/or related to such use and/or access. When using the App you agree not to intentionally, willfully or negligently: (a) breach these ToU; (b) interfere with, damage or impair the functionality of the App (or servers or networks connected to the App); (c) use the App in any manner that does and/or could interfere with any other party’s use and enjoyment of the App (or servers or networks connected to the App); (d) copy, modify, make publicly available, create derivative works of, disassemble, de-compile, or reverse engineer the App or any part thereof; (e) manipulate and/or circumvent the operation or functionality of the App and/or enable features or functionalities of the App that are otherwise disabled and/or inaccessible; (f) use or attempt to use robots, crawlers and similar applications or methods to collect, scrape or compile content from the App; (g) breach the security of the App (or servers or networks connected to the App) and/or identify any security vulnerabilities therein; (h) engage in an 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, mass e-mail, spam, export control, consumer protection, unfair competition and false advertising; (i) access or use the App in order to develop or create a competitive or similar product or service.
Feedback consists of suggestions, comments or other feedback, whether it is required or provided on a voluntary basis, relating to the App and related services. If you provide us with such feedback, you agree that: (a) we may freely use, disclose, reproduce, license, distribute and otherwise commercialize the feedback in any of our products, specifications or other documentation; and (b) you will not give us feedback that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party.
We are not obligated to provide technical support or maintenance for the App and related services. However, we may make available such technical support features and to the extent such are offered it shall be provided at our sole discretion without guarantee or warranty.
All rights, title and interest in and to the App, and any part thereof, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by or licensed to us. Unless expressly permitted in these ToU, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, execute or make available publicly, adapt, commercially use, process, compile, translate, sell, lend, rent, reverse engineer, modify or create derivative works of the App, or of any part thereof, or any of the content thereon or thereof, either yourself or through or with the assistance of a third party. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to our trademarks, services marks and/or logos. You may not take any action which does or may dilute, or tarnish our goodwill and good name.
DISCLAIMER OF WARRANTY
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, AND AS A RESULT THE CONTENT OF THIS SECTION MAY NOT APPLY TO YOU. THE APP AND RELATED SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUBSIDIARIES DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE APP AND RELATED SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP AND RELATED SERVICES IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. WE, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS (COLLECTIVELY, “PERSONS“) SHALL NOT BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE APP AND RELATED SERVICES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF THE APP AND RELATED SERVICES, OR FROM ANY FAULT, OR ERROR MADE BY THE INVOLVED PERSONS’ STAFF OR ANYONE ACTING ON THEIR BEHALF, OR FROM YOUR RELIANCE ON CONTENT OR THIRD PARTY CONTRIBUTIONS AVAILABLE ON OR THROUGH THE APP, OR FROM ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH THE APP, WHETHER OR NOT THE PERSONS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE TO UNINSTALL AND CEASE ANY USE OF THE APP AND RELATES SERVICES.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, the Persons and anyone acting on their behalf, 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, or demand, arising from, or in connection with your use of the Application, your breach of the ToU or your violation, or infringement of other Persons’ rights.
Governing Law, Jurisdiction
You agree that any cause of action related to or arising out of your relationship with Yankel Tech must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
At any time, you may contact us with any question, claim or complaint that you may have with respect to the App, at: Yankel Tech Ltd., 50 Ha’Yasmin St. Karmei Yosef, Israel, 9979700 or by Email at: email@example.com.
Communications made through the e-mail above and messaging system will not constitute legal notice to Yankel Tech, or any of its officers, employees, agents or representatives in any situation where notice to Yankel Tech is required by contract or any law or regulation.
For contractual purposes, you (a) consent to receive communications from Yankel Tech in an electronic form via the e-mail address you may have used; and (b) agree that all ToU, agreements, notices, disclosures, and other communications that Yankel Tech provides to you electronically satisfy any legal requirement that such communications would satisfy had they been made in writing. The foregoing does not affect any of your rights which may not be waived in accordance with applicable laws.
Changes to the Terms
We may change these ToU from time to time. Changes will take effect 7 days after we first notify you of the changes through the App, or post a notice to this effect on our website. Your continued use of the App after the amended ToU have entered into effect will constitute your acceptance of the amendments. In case of a legal requirement or any material change of these ToU, we may also introduce immediate changes to the ToU and require that you affirmatively accept them, in which case you will not be able to continue using the App if you do not accept the amended ToU. In any event, the most updated version of the ToU will always be accessible through the App’s Settings menu.
These ToU describe certain legal rights. You may have other rights under the laws of your state or country. These ToU do not change your rights or obligations under the laws of your state or country if such laws do not permit it to do so.
Apple iTunes App Store Requirements
If the App is downloaded from the Apple iTunes App Store (“App Store“), you acknowledge and agree to the following additional terms: (a) these ToU are between you and Yankel Tech only, and not with Apple, Inc. (“Apple“) and Apple has no liability for the App and the related services; (b) your use of the App and the related services is limited to use on an Apple-branded product running the iOS operating system that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service; (c) Apple has no obligation to furnish any maintenance and support services with respect to the App; (d) in the event of any failure of the App to conform to any applicable warranty that has not been disclaimed, (i) you may notify Apple, and Apple will refund the purchase price you paid through the App Store for the App, or for certain features within the App and (ii) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App; (e) Apple is not responsible for any claims, losses, liabilities, damages, costs or expenses relating to the App or your possession and/or use of the App, including, but not limited to (i) product liability or warranty claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement and (iii) consumer protection or similar claims; (f) Apple is not responsible for investigating, defending, settling or discharging any third party claims that the App or your possession and use of the App infringes such third party’s intellectual property right; (g) 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; (h) should you have any questions concerning these ToU, or if you desire to contact Yankel Tech for any reason, you may do so in accordance with the section above headed “Contact Us“. You are responsible for complying with any applicable third party terms of agreement when using the App, and Apple and its subsidiaries are third party beneficiaries of these ToU; as a third party beneficiary, Apple will have the right to enforce these ToU against you.