Last Updated: February 6, 2019
The Services are not to be used by anyone under the age of 16 and any such use of the Services is prohibited. You hereby declare that you are at least 16 years old and that you have the legal capacity to enter into this Agreement.
SCOPE OF SERVICE AND PAYMENT
The Company’s Services include Apps which aim to assist you in managing your contacts by allowing you to sync, restore, merge and back up all of your contacts to your various devices. Some of our Services are free. However, you may be required to pay certain fees in order to fully benefit from our Services. All payments for the Services will be remitted through the applicable app store associated with your particular device (i.e., in-app payments) and thus are subject to the relevant app store’s terms and conditions, including with respect to any refunds or cancellations. You should be aware, that some of the Services may provide the option to send group texts which your mobile carrier may charge you for. Such additional charges will be determined by your personal mobile operator in accordance with your agreement with your mobile carrier and their respective policies.
FIRST STEPS - CREATING YOUR ACCOUNT
INTELLECTUAL PROPERTY AND LICENSE
Subject to your full compliance with the Terms and with all applicable laws and regulations, we hereby grant you a world-wide, limited, non-exclusive, non-transferable, non-sub-licensable license to download and install the App and to use the Services on your personal mobile device through the App. Such license shall permit you to use the App and the Services solely for personal use and for non-commercial purposes. The Company reserves all rights in and to the App and the Services. Any right that is not specifically granted to you hereunder is expressly reserved by and for the Company. The Company is entitled, without any risk of liability on its part, to refuse, restrict, limit, suspend, interfere or interrupt the Services or any part thereof, without providing you with any prior notice of its intention to do so, in order to repair, improve or upgrade the Services or for any of the reasons listed in the Termination section below.
All intellectual property rights and assets including, but not limited to, all copyrights, trademarks, patents, service marks, characters, layout, trade secrets, trade names, software code, icons, logos, buttons, color schemes and graphics are our sole and exclusive intellectual property and are protected by local and international intellectual property laws and treaties including all applicable copyright laws and regulations. Our Services may contain certain trademarks, service marks, graphics, or logos owned by a third-party and you do not have any right nor have you been granted any license to such. Furthermore, you have no right nor have you been granted a license with respect to our trademarks.
Except as specifically permitted under these Terms, you may not copy, alter, adapt, modify, transfer, reproduce, distribute or commercially exploit any materials, including but not limited to, any text, graphics, videos, audio recordings, software code, user interface designs or logos, from any of our Services, without our prior written consent. You hereby warrant and undertake that you will not make any copies, modify in any way, adapt, disassemble, translate, decompile, distribute or otherwise transfer, rent, lease, loan, resell, sublicense or reverse engineer our Services or any part of our Services.
REPRESENTATIONS AND UNDERTAKINGS
Our Services should only be used by you in accordance with and solely for the purposes included in the Terms. You hereby represent and warrant that all information and Content submitted by you during the sign-in process (including information submitted from your social media or social network accounts, if any) and any other Content shared by you when using our Services, are all accurate and true and that you will promptly update any information or Content submitted or shared by you that proves to be inaccurate, incomplete, misleading or false. You further represent and warrant that you are choosing on your own to use any of the Services and that you are solely responsible for any download completed by you, or any installation, use or access of the Services by you. You represent that any use by you of the Services will not constitute, be considered or include any Prohibited Conduct, such as: any violation of any applicable laws, rules, regulations, policies and third party rights, the deletion or modification of any attributions, legal notices or other proprietary marks or labels on or in the App, or in any of the other Services, or to any third party material contained or otherwise available therein, interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services. You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use of the Services; including (but not limited to) (i) uploading or otherwise disseminating any virus, worm or other malicious code; (ii) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services; or (iii) violating any regulation, policy, or procedure of any network, equipment, or server.
MAINTENANCE AND CUSTOMER SUPPORT
We aim to provide our users with the best customer support for our Services and we are constantly working to improve on them. We created a variety of different tools to help our users resolve frequently asked questions and other technical and general support issues. We continuously run tests and are constantly updating, doing maintenance work, and problem shooting our Services (and we use any other means necessary) in order to improve the Services.We do not however, undertake to keep providing such support and maintenance and we reserve the right to change, reduce, limit or terminate our maintenance and support efforts.
Unless you have chosen to upgrade to a premium (paid) account, we may cancel your access to the Services without notice at any time, for any reason and at our sole discretion. You can cancel your account and delete your data at any time by sending request. You must include in the subject line of your email: “Request to Delete My Data” and your email must include a clear statement as to the fact that you wish to terminate your account and delete your data. Upon any termination, discontinuation or cancellation of Services or the deletion of your account, all provisions of these Terms will survive such termination, including, without limitation, the Intellectual Property and Licenses provisions, the Warranty Disclaimers provisions, Limitation of Liability, Indemnity and Governing Law provisions.
WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY
Subject to the maximum extent permitted by law, the Services are provided "as is" with no express, statutory or implied warranty of any kind, including without limitation, with respect to : (a) the accuracy or accessibility of the Services or any information included in the Services; (b) the Services ability to fulfill your requirements or be available on an uninterrupted, secure, or error-free basis, including without limitation, any warranties of title, non-infringement, merchantability, suitability or fitness for a general or particular purpose; (c) the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services and the Content. You hereby agree that you shall use the Services at your sole discretion and you alone shall bear the full risk and responsibility as to the results and performance of the Services, including, without limitation, any damages to your well-being, your computer system, personal mobile device or any other device used to access the Services, or data stored on such devices. The Company will not be held accountable for any consequences to you or any third party that are the result of any technical issues, including without limitation, any issues caused by any internet problems (such as slow connections) or any telecommunications or internet providers.
The Company shall not be liable for any failure to perform its obligations hereunder that were caused by a situation that was beyond its control, including, but not limited to, any mechanical, electronic or communications failure. The Company shall not be held accountable he best customer support for our Services and we are constantly working to improve on them. We created a variety of different tools to help our users resolve frequently asked questions and other technical and general support issues. We continuously run tests and are constantly updating, doing maintenance work, and problem shooting our Services (and we use any other means necessary) in order to improve the Services. We do not however, undertake to keep providing such support and maintenance and we reserve the right to change, reduce, limit or terminate our maintenance and support efforts.
To the fullest extent permitted by law, the Company shall not be responsible or liable in any way for your use of the Services, or with respect to third party conduct within the scope of the Services. Some of the above limitations may not apply if you are located in a specific jurisdiction that does not permit the exclusion of certain warranties or limitations on liability for incidental or consequential damages. The aforementioned exclusions and limitations will be enforced to the greatest extent permitted by applicable law in such jurisdictions.
You agree to defend, indemnify and hold the Company, its directors, employees and affiliates harmless, from any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation, legal fees (including attorney fees)) arising from: (i) your use of and access to the Services; (ii) your violation of the Terms; (iii) your infringement of the rights of any third party, including but not limited to, any copyright, property, proprietary or privacy right; or (iv) any claim that any act or omission by you caused damage to a third party.
The Company will not be liable in any way (under any circumstances) with respect to any Content (including your contacts) that you shared or published, including, but not limited to, any infringement of any third party's rights, any losses or damages incurred as a result of any third party content made available through the Services.
These Terms shall be governed by and construed according to the laws of the State of Israel, without regard to the conflict of law provisions therein. You irrevocably agree that any dispute which may arise under or with respect to these Terms shall be resolved in the competent courts of the Tel Aviv district only and you hereby submit to exclusive jurisdiction of such courts and hereby explicitly waive any other jurisdiction. The place of performance shall be Israel. The Company does not provide any warranty or guarantee that the Services or information available in the Services complies with any other laws other than those of the State of Israel.
Failure by the Company to exercise any right or remedy under these Terms does not constitute a waiver of any such right or remedy. A waiver of any right or provision will only be effective if done in writing and signed by a duly authorized representative of the Company. To the extent permitted under applicable law, you hereby waive any rights or requirements of any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records. The Company reserves the right to transfer, assign, and license or pledge the Terms, in whole or in part, in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in to a third party. You may not transfer, assign, sublicense or pledge any of your rights or obligations under the Terms without the Company’s prior written approval.