“Affiliates” with respect to a certain entity, are companies that are controller by, under common control with, or controlling, the entity.
- Background. The Application is intended for older adults, people with cognitive decline and people with memory impairment and their caregivers as a tool to assist them in organizing daily tasks and schedule. Nevertheless, this application is suitable for everyone who uses mobile apps and wants a tool to assist them in organizing their daily tasks and schedule.
- Use of The Application.
- The Application can be used either by one user, the primary user, or by the primary user with his caregiver(s). (the “Primary User”, the “Caregiver”, separately and together “You”, “User”).
- the Application is a service that assist Primary Users and their caregivers to schedule daily tasks, events and meetings and getting notifications accordingly.
- In order to verify reception of the notifications sent by the Application it is recommended for the Primary User to enter the Application on a daily basis. In addition, for that same reason and for a proper performance of the Application, your device on which the Application is installed and being used (the “Device”) is required to be continuously connected to the internet.
- When the Application is installed by the Primary User on several Devices (iPhone or iPad) with the same User Account, notifications will be sent only to the last device that the Primary User allowed receiving notifications in.
- The Application can be set and perform in accordance with only one time zone and standard time. Please note that when the Application is used by both Primary User and Caregiver on two or more different Devices, their Devices need to be in the same time zone in order to be coordinated.
- Please note that when moving between different time zones notifications will perform according to the original time zone on which they were set, one time tasks or events may not appear in the application, periodic tasks or events might appear in different days from the days that they were set and their time will appear according to the original time zone on which they were set.
- Account. Creating an Account. In order to use the services of the Application, you must register and create an account (“Account“). When creating your Account, you must provide accurate and complete information about yourself, and in case you are a caregiver also about the person you care for, the Primary User. You are solely responsible for the activity that occurs in your Account, and if used with a password, you must keep your Account password secure. Without derogating from the generality of the foregoing, You are solely responsible for the activity that occurs in your account, conducted by either one of the Users, that harms or causes any kind of damage to the other User. You must notify the Company immediately of any breach of security or unauthorized use of your Account. You are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account, you may send an email request to us at firstname.lastname@example.org
Types of Accounts When first creating an Account, you shall be granted a free of charge access to use the basic features of the Application (the “Basic Account”). The access to all of the Application’s features shall be subject to a payment of a yearly or monthly fee, according to User’s choice (the amount shall be subject to our sole discretion) (the “Premium Account“). When using the Premium Account, access to the account will be granted to the Primary User and to up to ten (10) Caregivers. When upgrading to a premium account you may be entitled to a trial period (the length of may change from time to time, and shall be subject to our sole discretion) during which the use of the Application shall be free of charge and include all available features of the Application (the “Trial Period“).
You may decide at any time, to switch from the Free Account to the Premium Account and vice versa. More information about, account types and specifications and trial periods is located at FAQ Page and may be amended from time to time by the Company, in its sole discretion.
- The restrictions on use (things you are not allowed to do). You are not allowed in any way to do any of the following (and you are also not allowed to let or solicit anyone else do any of the following): (1) copy, reproduce, republish, frame, transmit, modify, display, reverse engineer, decompile, disassemble, sell, rent, lease, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, the Application Materials (defined below); (2) Use the Application or Application Materials for any commercial purpose, or for any public use; (3) Remove any copyright or other proprietary notations from the Application Materials; (4) Transfer the Application Materials to another person or machine other than what is necessary for use of the Application; (5) disrupt servers or networks connected to the Application (6) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Application; and/or (7) circumvent, disable or otherwise interfere with security-related features of the Application or features that prevent or restrict use of any Content or that enforce limitations on use of the Application. If you use the Application in violation of these Terms, the Company may terminate your license to use it, at any time and without prior notice.
- Intellectual Property. The code of the Application (both in human and machine readable forms) and its design (the “Code”), and all of the content contained in the Application, which includes the Applications’ design (functional, graphic, UX and UI), logos, text, graphics, images, illustrations, designs, icons, photographs, video clips, audio, and other content materials (collectively, the “Content“) are protected by patents, copyrights, trademarks, trade secrets and/or any other intellectual property rights under any applicable laws. The Code and the Content together form the Application Materials. All intellectual property rights in the Application Materials, are owned by the Company (or licensed to the Company by third parties who own those rights). The Company does not grant to you any express or implied rights to use the Application Materials, other than as expressly allowed under the section “Your Permitted Uses”.
- Disclaimer. The Application is provided as is. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any promises or representations that using the Application will lead to certain results or achievements, and Company disclaims any warranties, express or implied, relating to any such outcomes.
Company does not guarantee that the Application will be free of bugs, security breaches, or virus attacks. The Application may occasionally be unavailable for routine maintenance, upgrading, or other reasons. you agree that Company will not be held responsible for any consequences to you or any third party that may result from technical problems of the internet, slow connections, traffic congestion or overload of our or other servers. We do not warrant, endorse or guarantee any content, product, or service that is featured or advertised on the Application by a third party.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APPLICATION, OR (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APPLICATION EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO COMPANY FOR USING THE APPLICATION DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
- Terms applicable to users downloading the Application via the Apple App Store. These Terms apply only to your use of the Application if you obtained it via the Apple, Inc. (“Apple”) App Store:
- Both you and the Company acknowledge that these Terms are concluded between you and the Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms; to use the Application on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the Application may be accessed and used by other accounts associated with your account via Family Sharing or volume purchasing.
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will not be Apple’s responsibility.
- Company and you acknowledge that Company, not Apple, is responsible for addressing any claims of you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and the Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and the Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that 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 the third party beneficiary hereof.
- Subscription and Fees. These Terms apply to your use of the Application if you obtained it via Apple. When you download the Application, you can choose a subscription plan (a “Plan”), which may be for various periods (e.g., monthly, quarterly, annual etc.). It is important that you know: Payment will be charged to your Apple ID account at the confirmation of purchase. Subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your iTunes account settings after purchase.
- Application Changes and Modifications. Company will make reasonable efforts to keep the Application operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Company may at its discretion, or as a result of technical, security, or legal or regulatory reasons, from time to time change the Application or Application Materials without any notice, provided however that it shall maintain a consistent level of functionality and benefit as reasonably expected from the Application.
- Terms Modifications. Company may revise these Terms at any time and notification thereof shall be provided in accordance with your mobile app store policies. Any price changes for existing Plans during the Plan period are subject to your mobile app store policies.
- Privacy. Our Privacy Notice is an integral part of these Terms, and it describes how we process and use your personal data.
- Term and Termination.These Terms are effective until terminated by Company or you. Company, in its sole discretion, has the right to terminate these Terms and/or your access to the Application, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Company shall not be liable to you or any third party for termination of the Application, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Application in any way, your only recourse is to immediately discontinue use of the Application. Upon termination of these Terms, you shall cease all use of the Application.
You may, at any time, request to terminate your Account by contacting us at email@example.com. Please note that merely uninstalling the Application won’t delete your account and its details.
Upon termination of these Terms or your account, for any reason, your right to use the Application and the services we provide is terminated and you must immediately cease using the Application; and we will not be liable to you for termination of access to the Application.
- Independent Contractors. You and Company are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Company. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Company.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Company without restriction or notification to you.
- Governing Law. Any claim relating to the Applications or these Terms shall be governed exclusively by the laws of the State of Israel, without regard to its conflict of law provisions. The Parties hereby submit to the exclusive jurisdiction of the competent courts of Tel-Aviv Jaffa, Israel.
- General. These Terms shall constitute the entire agreement between you and the Company concerning the Application. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms 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 these Terms shall not constitute a waiver of such right or provision.
- Contacts. Company’s address is Ibn Gvirol 30, Tel-Aviv Israel at WeWork. For any question, query, or complaint, you may contact us at firstname.lastname@example.org or by phone at 058-3311312.