Terms of Use

 

TERMS OF USE

These Terms of Use (“Terms of Use” or “Agreement”) set out important information regarding the rights, obligations and restrictions that may apply to you as a user (“user” or “you”) when you access, download or use the mobile application including any features accessible therein (“App” or “Application” and “Services”). 

By accessing the Apps, you acknowledge that you have read this Agreement, understand it, and agree to be bound by it. If you are unwilling to accept all of the terms of this Agreement, you should not download and use the App or Services.

IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES TO THESE TERMS ARE UNACCEPTABLE TO YOU, PLEASE DO NOT USE THE APP. YOUR CONTINUED USE OF THE APP (INCLUDING, BUT NOT LIMITED TO, THE DOWNLOADING OF THE APP OR ANY UPGRADES AND/OR USE OF THE SERVICES) NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS, WILL BE DEEMED ACCEPTANCE BY YOU OF THESE TERMS AND ANY SUCH CHANGES OR MODIFICATIONS. YOU AGREE TO USE THE APP ONLY FOR PURPOSES THAT ARE LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY LOCAL BINDING POLICIES OR GUIDELINES.

AGE RESTRICTIONS

The App is intended for users who are at least 16 years of age. By using the App, you represent and warrant that you are at least 16 years of age and that you have the legal capacity to enter into this Agreement. If you are under the age of 16, you may not use the App. We may terminate your account or suspend your access to the App if we have reason to believe that you are under the age of 16. We do not knowingly collect personal information from children under the age of 16. If we learn that we have collected personal information from a child under the age of 16, we will delete that information as soon as possible.

SERVICES

The App is a software application that provides users with a variety of features and services, including the ability to launch other applications, access widgets, and customize the home screen. The App is provided on an "as is" and "as available" basis, and we make no representations or warranties of any kind, express or implied, as to the operation of the App or the information, content, materials, or products included in the App.

LICENSE

We grant you a non-exclusive, personal, limited, revocable, and non-transferable license to download and install the App on your device and to use the App for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell the App or any portion thereof. You may not reverse engineer, decompile, or disassemble the App. You may not use the App for any illegal or unauthorized purpose. You may not use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App.

RESTRICTIONS

You may not use the App to:

• Send or receive any content that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the App.

• Interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies, or regulations of networks connected to the App.

• Access or attempt to access any part of the App that you are not authorized to access.

• Probe, scan, or test the vulnerability of the App or any network connected to the App, or breach the security or authentication measures on the App or any network connected to the App.

• Use the App to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unauthorized communication.

• Use the App to collect or harvest personal data about other users.

• Use the App to transmit any viruses, worms, Trojan horses, or other malicious code.

• Use the App in any way that violates any applicable laws or regulations.

THIRD PARTY ADVERTISING, LINKS AND CONTENT

• The App may contain links to third-party websites, products, and services. We are not responsible for the content, accuracy, or opinions expressed in such third-party materials. You should carefully review the terms of use and privacy policies of any third-party websites or services that you visit.

• We may display advertisements from third parties in the App. These advertisements may be targeted to you based on your interests and preferences. We do not control the content of these advertisements, and we are not responsible for the accuracy or reliability of any information contained in them.

• You may be able to access or use third-party content, products, or services through the App. We do not endorse or control any third-party content, products, or services, and we are not responsible for the accuracy, reliability, or quality of any third-party content, products, or services.

• You may not use the App to display or distribute any third-party content, products, or services that are illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

• We may remove or disable any third-party content, products, or services that we believe violate these Terms of Use or that are otherwise harmful to the App or our users.

APP UPDATES AND MODIFICATIONS

We may update or modify the App from time to time to improve its performance, add new features, or fix bugs. We may also update or modify the App to comply with applicable laws or regulations. You agree that we may automatically update or modify the App on your device. You may be required to download and install updates or modifications to the App in order to continue using the App. We may also make changes to the features and functionality of the App at any time. We may add, remove, or modify features or functionality without notice. You agree that we may make changes to the App and that you will not hold us liable for any such changes.

INTELLECTUAL PROPERTY 

The App and all intellectual property rights therein, including but not limited to copyrights, trademarks, patents, trade secrets, and other proprietary rights, are our exclusive property. You may not use the App or any of its intellectual property without our express written permission. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell the App or any portion thereof. You may not reverse engineer, decompile, or disassemble the App. You may not use the App for any illegal or unauthorized purpose. You may not use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App.

TERMINATION

We may terminate your license to use the App at any time, with or without notice, for any reason, including if we believe that you have violated any of these Terms of Use. Upon termination, you must immediately cease using the App and delete all copies of the App from your device.

LIMITATION OF LIABILITY

IN NO EVENT SHALLWE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF [COMPANY NAME] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THE APP EXCEED THE AMOUNT OF US$20.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our directors, officers, employees, agents, and licensors from and against any and all claims, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way related to your use of the App or your violation of these Terms of Use.

MISCELLANEOUS

• Entire Agreement. These Terms of Use constitute the entire agreement between you and us with respect to the App and supersede all prior or contemporaneous communications and agreements, whether written or oral.

• Severability. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

• Waiver. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

• Assignment. You may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent.

• Governing Law and Jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or relating to these Terms of Use shall be brought exclusively in the courts of the State of Israel.

• Contact Information. If you have any questions or concerns about these Terms of Use, please contact us at contact@appchasmltd.com