This end user license agreement (“EULA“) is a legal binding agreement between you (“you“) and Yankel Tech Ltd., an Israeli registered company (“we“, “us“ or “our”) regarding your use of our website at www.familykeeper.co (the “Website”), the FamilyKeeper application (the “Application”) and the services related thereto (together with the Website and the Application, the “Services”). The terms of this EULA shall apply to any updates and upgrades, unless we publish other terms as and when we release such updates and/or upgrades.
THE APPLICATION 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 APPLICATION, SHALL BE RESPONSIBLE TO ENSURE THAT THE MINORS IN YOUR CARE HAVE BEEN DULY NOTIFIED OF THE PURPOSES OF THE APPLICATION AND THE PERSONAL INFORMATION THAT MAY BE COLLECTED BY THE APPLICATION. THIS APPLICATION 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 SERVICES, YOU ALSO REPRESENT AND AGREE THAT YOU WILL COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS IN CONNECTION WITH YOUR USE OF THE SERVICES, YOU WILL NOTIFY THE MINORS OF THE USE OF THEIR PERSONAL INFORMATION COLLECTED BY YOU THROUGH THE APPLICATION, 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 Application, 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 BY 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 any third party; (d) that you are solely responsible for any and all actions taken in your account, and (e) that 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 Services depend 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 Services will operate without disruption, errors or interruptions, or that they 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, and to keep your registration information updated throughout your use of the Services.
Changes in the Application
Prior to any material updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the Application, 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 Application, but were then subsequently modified by another application; or (b) change the Application’s layout, design or display.
We may, at any time and without notice, modify the scope or availability of the Application’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 Application, 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 Application’s operations.
Subscriptions and Editions
We may offer a number of subscription plans, including plans with different conditions or rates, which we may amend from time to time in our sole discretion.
For current prices and plans, please see www.familykeeper.co.
Our Essential Edition can be used free of charge and includes limited options and features (the “Essential Edition”); Our Premium Edition is a paid software, valid for a period of your choice (subject to the available subscription plans) and includes full access to all premium options and features our Application suggests (the “Premium Edition”).Payment for the Premium Edition shall be done in accordance with and subject to the terms of the applicable subscription plan.
The use of the Application and/or the Website 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 Application and/or the Website you agree not to intentionally, wilfully or negligently: (a) breach this EULA; (b) interfere with, damage or impair the functionality of the Application and/or the Website (or servers or networks connected to the Application and/or the Website); (c) use the Application and/or the Website in any manner that does and/or could interfere with any other party’s use and enjoyment of the Application and/or the Website (or servers or networks connected to the Application and/or the Website); (d) copy, modify, make publicly available, create derivative works of, disassemble, de-compile, or reverse engineer the Application and/or the Website or any part thereof; (e) manipulate and/or circumvent the operation or functionality of the Application and/or the Website, and/or enable features or functionalities of the Application and/or the Website 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 Application and/or the Website; (g) breach the security of the Application and/or the Website (or servers or networks connected to the Application and/or the Website) 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 Application and/or the Website in order to develop or create a competitive or similar product or service.
Compliance with Applicable Laws
You are solely responsible to comply with all applicable laws, including without limitation export and import regulations. By using the Services 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.
Feedback consists of suggestions, comments or other feedback, whether it is required or provided on a voluntary basis, relating to the Services. If you provide us with such feedback, you agree that: (a) without your approval and without any compensation to you, 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. You further agree that the feedbacks shall be deemed as non-confidential.
We are not obligated to provide technical support or maintenance for the 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 Services, 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. This EULA does not convey to you any interest in the Services, but only a limited right of use according with this EULA. Unless expressly permitted in this EULA, 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 Services, 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.
Representations and Warranties
You acknowledge that you may use the Services only if you are not barred from using the Application under applicable law. By downloading and using the Application and the Services, you further represent and warrant that you are (i) of legal age to engage in this binding agreement with us and install the Application; or (ii) the parent or legal guardian of the child that possess the device on which the Application will be installed, or have the legal authorization to install the Application, and you accept this EULA on the child’s behalf. If you do not meet the abovementioned requirements, you must stop using the Application and the Services.
Third-Party Service Providers
We may use third parties to provide us with audit, payment, maintenance, analysis, and development services with respect to Services. We may provide your information to such third parties. We currently use the following third-party providers:
DISCLAIMER OF WARRANTY
TO THE EXTENT LEGALLY PERMISSIBLE, THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE, OUR SUBSIDIARIES AND OUR AFFILIATES DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES OPERATION WILL BE UNINTERRUPTED; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS; AND (C) THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR AND ASSUME ALL THE RESPONSIBILITY FOR YOUR USE OF THE SERVICES.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS (COLLECTIVELY, “PERSONS“) BE LIABLE TO YOU OR ANY OTHER THIRD PARTY, 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 (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), 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 SERVICES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF THE 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 SERVICES OR FROM ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH THE SERVICES, 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 CEASE USING THE WEBSITE AND/OR UNINSTALL AND CEASE ANY USE OF THE APPLICATION AND THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING ALL PERSONS) FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE USE OF THE SERVICES, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEED ONE THOUSAND U.S DOLLARS.
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 (i) any plea, claim, or demand, arising from, or in connection with your use of the Application and/or the Website, (ii) your breach of This EULA, (iii) your violation, or infringement of other Persons’ rights, or (iv) your breach third party right, including without limitation, any intellectual property right, or privacy right.
Suspension or Termination
We may discontinue your use of the Services or terminate this EULA, at our sole discretion, at any time, with or without any reason or prior notice, including if we believe in good faith that you have violated this EULA.
Governing Law, Jurisdiction
This EULA and your use of the Services are governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall be excluded of this EULA. Any claim, dispute, legal proceedings, or litigation arising in connection with this EULA shall be exclusively settled in arbitration, under the rules of Intentional Chamber of Commerce (the “ICC Rules”) by one arbitrator appointed in accordance with the ICC Rules. The arbitration shall take place in Tel Aviv, Israel and shall be conducted in the English language on a confidential basis. The award passed by the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Nothing contained herein shall prevent us from applying to any court of law in order to obtain injunctions, equitable relief or any equivalent remedy, against you, in order to restrain the breach of any restrictive covenants pursuant to this EULA. Any motion to enforce or vacate an arbitration award under this agreement shall be kept confidential to the maximum extent possible. You agree that any cause of action related to or arising out of this EULA and/or the Services and/or your relationship with us must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
No waiver or alteration from this EULA by us 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 this EULA shall not constitute a waiver of any of our rights. We may assign or delegate this EULA in whole or in part, to any person or entity at any time with or without your consent. You may not assign or transfer your rights and obligations under this EULA. Any attempted or actual assignment thereof by you will be null and void. The section headings are for convenience only and shall take no part in the interpretation or construing hereof. If any provision of this EULA 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, and the remaining provisions shall continue to remain in full force and effect.
At any time, you may contact us with any question, claim or complaint that you may have with respect to the Services, 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 is required by contract or any law or regulation.
For contractual purposes, you (a) consent to receive communications from us in an electronic form via the e-mail address you may have used; and (b) agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy had they been made in writing.
Changes to the Terms
We may change this EULA from time to time. Your continued use of the Services after the amended EULA has entered into effect will constitute your acceptance of the amendments. In case of a legal requirement or any material change of this EULA, we may also introduce immediate changes to the EULA and require that you affirmatively accept them, in which case you will not be able to continue using the Application if you do not accept the amended EULA. In any event, the most updated version of the EULA will always be accessible through the Application’s settings menu.
This EULA describes certain legal rights. You may have other rights under the laws of your state or country. This EULA does 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 Application is downloaded from the Apple iTunes App Store (“App Store“), you acknowledge and agree to the following additional terms: (a) this EULA is between you and us only, and not with Apple, Inc. (“Apple“) and Apple has no liability for the Application and the related services; (b) your use of the Application 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 Application; (d) in the event of any failure of the Application 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 Application, or for certain features within the Application and (ii) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Application; (e) Apple is not responsible for any claims, losses, liabilities, damages, costs or expenses relating to the Application or your possession and/or use of the Application, including, but not limited to (i) product liability or warranty claims; (ii) any claim that the Application 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 Application or your possession and use of the Application 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 this EULA, or if you desire to contact us 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 Application, and Apple and its subsidiaries are third party beneficiaries of this EULA; as a third party beneficiary, Apple will have the right to enforce this EULA against you.