END USER SOFTWARE LICENSE AGREEMENT

 

THIS END USER LICENSE AGREEMENT ("EULA") CONSTITUTES A LEGAL AGREEMENT THAT REGULATES THE BUSINESS RELATIONSHIP BETWEEN YOU, AN INDIVIDUAL (THE “USER” OR "YOU") AND G.R ALLER G LTD., (THE “COMPANY” OR "WE"), THE LEGAL OWNER AND OPERATOR OF THE ALLER G APPLICATION (THE “APPLICATION”).

 

ANY DOWNLOAD, INSTALLATION OR USE OF THE APPLICATION, INCLUDING ANY UPDATED VERSION OF THE APPLICATION, IS SUBJECT TO, AND SHALL REMAIN SUBJECT TO, THE CONDITIONS OF THIS EULA, AT ANY TIME.

 

BY CLICKING THE "I APPROVE" BUTTON AND/OR BY DOWNLOADING, INSTALLING OR USING THE APPLICATION ON YOUR MOBILE DEVICE ("DEVICE"), YOU EXPRESSLY AGREE TO, AND CONSENT THAT YOU UNDERSTOOD THE TERMS OF THIS EULA, AND CONSENT TO BE BOUND BY THE TERMS OF THIS EULA. PLEASE READ THIS EULA CAREFULLY BEFORE APPROVING THE ABOVE.

 

IF YOU DO NOT AGREE TO THE FULL EXTENT OF THIS EULA, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS EULA, PLEASE CLICK THE BUTTON INDICATING "I DO NOT APPROVE" AND DO NOT INSTALL THE APPLICATION, OR IF YOU HAVE INSTALLED IT, THEN PLEASE DELETE IT IMMEDIATELY FROM YOUR DEVICE AND DO NOT ACCESS, USE OR INSTALL IT IN ANY FORM OR MANNER.

 

THE COMPANY RESERVES THE RIGHT TO MAKE CHANGES IN THIS EULA, ON ITS SOLE DISCRETION BY PUBLISHING AMENDED EULA, AND THEREFORE WE URGE YOU TO CHECK PERIODICALLY FOR UPDATES. YOUR CONTINUED USE OF THE APPLICATION AFTER THE POSTING BY THE COMPANY OF AN UPDATED EULA, CONSTITUTES YOUR AGREEMENT TO ANY AMENDED VERSION OF THE EULA.

 

THE USE OF THE MASCULINE GENDER IN THIS EULA IS FOR CONVENIENCE PURPOSES ONLY, AND ANY PART THEREOF, IN WHICH THE MASCULINE GENDER IS USED, APPLIES THE FEMININE GENDER AS WELL.

 

License

 

Company hereby grants You, pursuant to the terms and subject to the conditions of this EULA,  a limited, personal, non-exclusive, non-assignable, non-commercial, revocable, non- sublicensable license to use one copy of the Application on one Device that You own or control, for personal use only, all in accordance with the terms and subject to the conditions contained in this EULA (the "License"). The Company reserves all other rights to the Application that were not explicitly granted under this EULA.

 

The License shall be conditioned upon Your full compliance with the terms of this EULA and shall be immediately terminated upon any breach by You of any of the terms hereof.

 

Restrictions and prohibitions

 

As part of using the Application, You may, from time to time, provide certain User Information
(as such term is defined herein) to other users, that may lead to real time calling of such users. Therefore, You acknowledge that You are over the age of 18 and have the power and authority to engage with the Company in this EULA. If You are under the age 18 and using the Application, You acknowledge that Your parents and/or Your legal guardian have authorized You to download, install and use the Application, in order to be able to use it, and if You have not received such approval, bare in mind that You are taking this responsibility on yourself. In the event that You are under the age of 13 please do not download, install or use the Application.

 

You hereby undertake not to, directly or indirectly make any use of the Application, including using User Content provided by You and/or provided to You by the Company or any third party within the framework of using the Application for the purpose of: (i) Uploading content and/or information in which You have no ownership or right of use and/or which violates or may violate any rights of any third party, including without limitations proprietary or privacy rights. (ii) Interference, disruption, limiting or preventing the use of the Application. (iii) Uploading content and/or information which is misleading, false and/or harmful to the Company and/or its executives, directors and/or to any third party. (iv) Uploading information which is abusive, insulting, defamatory, threatening or pornographic forbidden or any other information of similar nature. (v) Any illegal purpose and/or in breach of this EULA. (vi) Harassment or false complaint. (vii) Causing damage to any third party. (viii) Commercial or business use of the Application or any information transmitted thereof including sending messages or promotional material or information of any kind. (ix) Performing an action which is against the law. (x) Performing any action that deviates from the intended use of the Application. Or (xi) Transferring User Content which is a false as part of emergency report.

 

Within the framework of using the Application, You undertake either by acts or by omissions, either directly or indirectly, not to damage and/or breach contractual rights, proprietary rights, copyrights, moral rights, proprietary rights, duties of care and trust, trade secrets, trademarks, patents, not to publish information that constitutes defamation, not to invalidate any privacy rights of a person, not to violate warrants, not to make advertising that is prohibited by law, and not to harm in any way state security or the rights of third parties.

 

You further undertake not to violate any law by uploading User Content within the framework of using the Application, and You will not upload and/or publish within the framework of using of the Application any contents which violates proprietary rights of others, any pornographic or sexually or sensitive materials and/or any materials relating to minors and/or identifies them, or materials that encourages and/or supports and/or assists in performing an act which constitutes a criminal offense under the applicable laws and/or providing passwords and/or personal information and/or intimate details about other users and/or harassment of users, impersonating others, advertising and/or promotion of commercial sales, political propaganda and/or promotion of candidates and parties in elections, the use of inappropriate language and/or offensive language, collecting information about others, change the location of information from the Application to elsewhere for commercial purposes or in a manner which may damage the Company's business, make repeated messages, publishing false or misleading materials, posting links and/or any other illegal materials. For the avoidance of doubt it is hereby clarified that the aforementioned prohibitions shall also apply to uploading links to materials and/or improper content as well as to providing such information via phone conversations described above.

 

Your use of User Content will be strictly within the Application's framework and for no other purpose.

 

You undertake to refrain from any attempt to collect information and User Content via the Application, including through technological means, operation or assistance to the operation of a computer application or by any other means designed to scan and/or copy and/or retrieve and/or mine information, to refrain from executing and/or causing any change to the Application, including to other users’ content, and not to interfere with the Application’s source code.

 

You undertake to refrain from any acts and/or omissions that may disrupt the Application's activity and/or the activity of users thereof, such as "viruses", "worms" and other harmful applications, accessing of computerized material, editing and / or inserting software in a manner that may cause damage or disruption to a device and/or materials.

 

You shall inform the Company, immediately, regarding any possibility of damage that may be caused to other users and/or third parties and/or the Company and/or of an existing or anticipated breach of the applicable law, due and/or as a result of Your use of the Application.

 

You hereby acknowledge that the Company may take any action against a user who breaches this EULA by any means available to the Company by the applicable law.

 

User Content

 

Any content that You wish to disclose to the Company and/or other users via the Application as part of your use of the Application shall be considered as User Content. User Content shall include your contact details as provided upon your registration to the Application, any information that You choose to share with others via the Application, , including registration data, instant messages, correspondences with third party and Teammats (as defined herein), pictures and videos you upload via the Application, information to provide, type of allergy you have, as well as Your location and any other relevant information concerning You ("User Content").

 

You undertake, that there is no legal and/or contractual and/or any other obligation that prevents You from uploading and/or publishing and/or transferring the User Content and that said User Content is not in any breach of any applicable law and is not in breach of any right of any third party. Any User Content provided by You shall be under Your sole and exclusive responsibility and the Company will not be responsible in any way for such User Content.

 

You shall be fully liable for the User Content uploaded and/or shared by You and/or any advertising and/or message and/or link that You have any part in uploading to or via the Application, including without limitations for act of defamation and/or breach of privacy and/or violation of proprietary rights and/or contractual and/or violation of a judicial decree and/or any other violation, and You expressly exempt the Company, including its representatives, employees, managers and shareholders acting on its behalf ("Representatives"), from any and all responsibility and/or liability in connection therewith.

 

You hereby undertake to compensate and/or indemnify the Company and/or its Representatives, immediately upon their first request, for any damage, injury, loss, expense, fee, lost profits, lost data, loss of use and damage to goodwill, that they may incur by any claim and/ or demand by a third-party, including any legal fees, due to violation by You of this EULA, concerning Your activities via the Application. Aforementioned indemnification shall not derogate from any remedy that the Company is entitled to by any applicable law.

 

You hereby acknowledge that You are aware that the Company and the Representatives are only a platform for the transfer of the User Content and therefore not responsible, in any way, for the nature, reliability, correctness, completeness, legality and function of the User Content, and that they are not responsible in case that a third party shall rely on the User Content, as well as on any information provided by You via the Application.

 

The Company will not examine and/or monitor and/or supervise the User Content that You will submit or receive via the Application. You acknowledge that User Content that You transfer or receive via the Application, is not in the Company's control and that User Content that You transfer or receive from third parties might consist of harmful material prohibited by law or material that could potentially harm You or others. You acknowledge and agree that You must evaluate the risk in sending User Content before it is uploaded or sent to others and bear all risks with respect to uploading or sending or receipt of such User Content and that in no event shall the Company be liable for any damage cost or expense caused to a third party by the uploading or sending and\or receipt of User Content, and You hereby exempt the Company, fully and completely, including its Representatives of any responsibility for damage cost or expense accruing from or likely to be caused to any third party in connection with sending or receiving of User Content, and/or in connection with damages incurred or which may occur as a result of the sending or receiving  of User Content, as aforementioned.

for example: If a user recommends having stock in a particular Pharm store where he purchased and / or saw and / or knows that he has stock of Epi-pen syringes, there is a possibility that until you choose to come to the store and purchase the syringe there will be no stock due to purchases made, or alternatively in case the information was incorrect Or partial

 

The Company may, at its sole discretion, refuse to allow You to share User Content with others without the need to receive Your consent or provide You with prior notice, in case that Company suspects of violation and/or risk of violation of the provisions of this EULA, the provisions of the applicable law or the rights of third parties and/or in case of a request by a competent authorities and/or as a result of technical reasons, including technological changes, or due to the request of the receiving party, even if backups of User Content are not saved and stored. Company may also notify You that there is no need for any such User Content and therefore no such User Content will be uploaded.

 

When You upload User Content via the Application, You grant to the Company as well as to such third party with which You choose to share the User Content, an irrevocable and free of charge, perpetual license to use and save such User Content, provided that You are the owner of such User Content and to the extent that such User Content does not belong to a third party and subject to the applicable law. Uploading User Content to the Application or sharing it with third party, does not revoke the rights of the owner of the copyrights, to the User Content, but it grants the recipient, a free of charge, non-exclusive license to use and save the said User Content under the applicable law.

 

The aforementioned license to use and save User Content by the Company and/or third party with which You choose to share said User Content, is without limitation of time and is subject to the provisions of the applicable law, including with respect to Your privacy, and subject to the full extent of Your rights.

 

The Company may, at its sole discretion, combine commercial and other advertisements within the Application, which will relate, directly or indirectly, to the User Content and You acknowledge that You are aware and agree that You will not have any claim or action in connection therewith, including with regard to any compensation, subject to the provisions of the applicable law.

 

You hereby confirm and undertake that You are aware that the full responsibility for the content and nature of User Content You choose to share with third parties and/or the Company lies on You, and that any damage, loss or expense caused by any suit, claim or demand by a third party with respect thereto, will be under Your responsibility and on Your account exclusively.

 

You acknowledge and confirm that the Application is a platform only, which allows each of its users to transmit User Content, to a third party and no User Content will be saved on the Company's servers, save for technical details and statistical data.

You may not make amendments or copies, distribute, transmit, display, execute, reproduce, publish, license, create derivative works, or sell any material received by You via the Application.

 

Upon the installation of the Application, you will be required to provide certain information about You which shall be entered in one of two ways: (i) Your Approval to withdraw information concerning You from Your Facebook account / Google Account / Apple Account; or (ii) registering manually. Also be aware that information regarding your contact list (from your phone) and your phone location will be required to assure SOS functionality, also take an in advance that the Application will need an access to your phone gallery to allow you to post or share information using your gallery images or video’s.

 The information that You provide will be saved on Company's systems and will not be disclosed, save for information which You expressly provide Your consent to disclose. You hereby declare and acknowledge that You are not required to provide any information about yourself save for Your first name, last name, phone number, city of residence type of allergy, EpiPen, Date of Birth and email address, within the framework of installing the Application.

 

You may, at any time, request the Company to delete all or part of your User Content, and the Company shall do so within 14 days from receipt of a request via email contact@aller-g.app, subject to Company's requirement to save information for archive purposes and/or under the applicable law. Take by consideration that part of the features of the Application will not be available to you in case you do decide to request us to delete such User Content.

 

Teammates and Emergency

 

The Application includes the option to use certain feature that enables You to share certain private information concerning You to specific contact persons that are listed as contacts in Your device ("Teammates") during Your daily activities, as well as to communicate with them and provide them with certain permissions to certain information with respect to Your daily activities, and when emergency event is happening.

 

The Application also includes an option to report to your Teammates, or other users of the Application that are not Teammates that are next to You, in case that You are in danger and need emergency assistance.   

 

Any information that You will choose to disclose during Your use of these features, either concerning You or Your Teammate or third party, and any information gained during Your use of these features, including by using the instant messages to communicate with Your Teammate or any third party, shall be considered as User Content with the exception that such information shall be owned by the Company and shall be saved in Company's servers, subject to cases in which the applicable law does not permit to do so.

 

A Teammate must install the Application. In case that a chosen Teammate is not a user of the Application, Company shall send a message to the Teammate offering him to download the Application and approve his appointment, as well as the provisions of this EULA. A person that shall not install the Application and approve this EULA may not be appointed as a Teammate and may not see any emergency request You send via the Application.

 

Company may, at its sole discretion, refuse to appoint certain person as Your Teammate. Company shall have no liability in case that a Teammate has disclosed any information provided to him as part of his duty as Teammate and the sole and exclusive responsibility shall be borne solely by You.

 

If You shall choose to accept a request to act as a Teammate, You hereby approve to disclose to the Company, certain general information concerning You, as specified in these Terms and You undertake to maintain strict confidentiality and not to disclose any information concerning the user appointed You as his Teammate to any third party and/or not to make any use in such information. A Teammate shall not in any event be responsible or obligated to any act or default with respect to the person appointed such Teammate.

 

In case you are a user that has received an emergency call, You are not obligated to respond or do anything that You do not wish to do, however You shall not share any information of the user reported emergency

 

You shall have an option, at all times, to terminate and/or replace a Teammate, and in such case the Teammate shall cease to be your Teammate, effective immediately. A Teammate may refuse or terminate his appointment by sending a notice to the person appointed him, effective immediately.

 

In case You choose to allow the Company to locate your location, by selecting this option in the setting menu, You hereby approve the Company to locate your position and save such information as a User Content. Note that in case of emergency reported by You, your location will be available to the system to try and locate other user that can assist in your emergency situation.  

 

ANY USE OF THEES FEATURES SHALL BE ON YOUR SOLE AND EXCLUSIVE RESPONSIBILITY. THE USE OF THEES FEATURES IS NOT A GUARANTEE OR REPLACEMENT FOR ANY EMERGENCY SERVICE AND THE COMPANY SHALL NOT BE LIABLE IN ANY EVENT FOR ANY DAMAGE CAUSED TO YOU AS A RESULT OF THE USE OR INABILITY TO USE THE TEAMMATES OR EMERGENCY FEATURE, SUBJECT TO THE APPLICABLE LAW. 

THE USE OF COMMUNITIES OPTION THAT ALLW TO WRITE & READ OTHER POSTS ARE ON USERS RSPONSIBILITY AND THE CORRECTNESS, ACCURANCY AND QUALITY OF THE INFORMATION USE ON THE USER'S RESPONSIBILITY. THE COMPANY IS NOT RESPONSIBOL TO ANY MISS ALIGNMENT, ACCURANCY OR COMPLETION OF THE INFORMATION. THE COMPANY PROVIDE THE CAPABILITIES TO USE DEVICE CONNECTION CAPABILITIES IN ORDER TO CONNECT TO EMERGENCY SERVICES BUT THIS IS NOT THE COMPANY RESPONSIBILITY IF THE CALLS CAN'T GO THRU IN ANY REASON (OUT OF COVERAGE, NETWORK ISSUES OR ANY OTHER REASONS)  

 

Ownership and Intellectual Property Rights

 

You acknowledge and confirm that the Application and/or any materials related thereto including, material, text designs, software, music, video, graphics and materials contained in advertisements or messages sent to You or commercial information offered to You by the Company, or that were created or collected or developed by the Company are the exclusive property of the Company and/or properly licensed from other third parties and shall remain at Company's exclusive property at all times. All intellectual property rights (including, inter alia, copyrights, trade secrets, trademarks, patents, etc.) that exist and/or are embodied in the Application, and/or attached, linked, and/or referring to the Application, are the exclusive property of the Company and will remain the exclusive property of the Company as stated.

 

All materials submitted by You or sent to You by any other user including User Content shall be owned by You in accordance with the applicable law, however Company shall have a perpetual license to review and use such information for the purpose of providing You the services under the Application, and to store it in its servers, as well as processing it for improving the Application and statistical purposes.

 

This EULA does not provide You with any rights in the Application and/or regarding it, and/or in any materials to be transferred to You, rather only a limited right to view those materials provided to You in accordance with this EULA and the provisions of the applicable law. Nothing stated in this EULA constitutes a waiver of the intellectual property rights of the Company or any third party under any law.

 

Uses and Restrictions

 

Unless if it is expressly permitted in this EULA, You hereby consent that You shall not, without prior written consent of the Company: (i) use, modify or integrate the Application into other software, or create derivative works from any part of the Application; (ii) sell, license (or sub-license), lease, assign, transfer, pledge or share Your rights according to this EULA to and with any other person; (iii) distribute or copy the Application for the benefit of third parties; (iv) disclose the results of the Application's performance, or use of these results for a competing application development; and/or (v) modify, disassemble, reverse-compile, reverse engineer, update or improve the Application or attempt to discover the source code of the Application.

 

Maintenance and Support

 

The Company will have no obligation to provide support, maintenance, upgrades, modifications or new versions of the Application. However, the Company may from time to time issue upgraded versions of the Application, and might upgrade electronically and automatically the Application version that You are using on Your Device. You hereby give Your consent to such automatic upgrading, and agree that this EULA apply to all upgrades as stated.

 

Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION INCLUDING ANY DATA THAT YOU DOWNLOAD OR OTHERWISE ACQUIRE THROUGH THE USE OF THE APPLICATION IS AT YOUR SOLE RISK AND ACCORDING TO YOUR OWN DISCRETION AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY COMMUNICATION. COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY HARDWARE OR SOFTWARE, OR TO ANY DAMAGE CAUSED TO PERSON’S COMPUTER OR DEVICE RELATED TO OR RESULTING FROM DOWNLOADING OR USING THE APPLICATION.

UNDER NO CIRCUMSTANCES SHALL COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, RESULTING FROM USE OR INABILITY TO USE OR ANY DELAY IN OR MELFUNCTION IN THE APPLICATION.

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE COMPANY HEREBY EXPRESSLY EXCLUDES ALL WARRANTIES OF ANY KIND, INCLUDING, INTER ALIA, WARRANTY FOR INTELLECTUAL PROPERTY RIGHTS OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

 

THE COMPANY IS NOT RESPONSIBLE FOR, AND DOES NOT WARRANT WITH RESPECT TO THE ACCURACY LEVEL, COMPLETENESS, USES OR RELIABILITY OF THE APPLICATION'S PERFORMANCES WHICH WILL BE ACHIEVED THROUGH THE USE OF THE APPLICATION OR THROUGH THE USE OF ANY USER CONTENT OR OTHER INFORMATION WHICH ARE OTHERWISE ACHIEVED THROUGH THE USE OF THE APPLICATION.

 

THE MAPS, MAPS DATA AND OTHER RELATED CONTENT AVAILABLE THROUGH THE USE OF APPLICATION ARE OWNED BY THE COMPANY OR GRANTED TO IT UNDER LICENSE AND ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER.

 

THE COMPANY SHALL HAVE NO LIABILITY FOR ANY USER INFORMATION INCLUDING USER CONTENT INCLUDING FOR THE NATURE ACCURACY, COMPLETENESS, RELIABILITY, PROPRIETARY RIGHTS, QUALITY, AND CONTENT OF USER CONTENT THAT WILL BE UPLOADED OR DELIVERED BY YOU WITHIN THE FRAMEWORK OF THE USE OF THE APPLICATION TO ANY THIRD PARTY AND ALL LIABILITY FOR SUCH INFORMATION WILL BE BORNE BY YOU EXCLUSIVELY. PLEASE BE ADVISED THAT PUBLICLY RELEASING SUCH INFORMATION COULD CAUSE SEVERE DAMAGES TO THIRD PARTIES AND THEREFORE PLEASE CONSIDER CAREFULLY BEFORE PUBLICLY RELEASING MATERIALS THAT MAY HARM ANY THIRD PARTY.

 

THE APPLICATION CONSTITUTE A SOCIAL NETWORK AND PLATFORM FOR CONNECTION BETWEEN USERS THAT ARE SUFFERING FROM ALLERGIES. THEREFORE, YOU MAY CONTACT WITH, AND COMMUNICATE WITH THIRD PARTIES AS PART OF YOUR USE OF THE APPLICATION, INCLUDING BY RAISING POSTS, UPLODING CERTAIN CONTENTS AND BY IM AND BY REPORTING EMERGENCY. COMPANY SHALL NBOT IN ANY WAY HAVE ANY LIABILITY FOR THE TYPE AND NATURE OF INTRODUCTION YOU MAKE, AS WELL AS ANY DAMAGE CAUSED TO YOU BY ANY OTHER USER, EITHER ONLINE OR IN PERSON.

 

ALTHOUGH THE APPLICATION PROVIDES A SYSTEM FOR MAKING REPORTS TO TEAMMATES AND IN CASE OF EMERGENCY, THE COMPANY DOES NOT UNDERTAKE IN ANY SHAPE OR FORM THAT SUCH FEATURE WILL ACTUALLY BE REGISTERED FULLY AND/OR ERROR FREE AND YOU ARE AWARE THAT THERE MAY BE MALFUNCTIONS THAT MAY PREVENT ALL OR PART OF THE INFORMATION THAT YOU CHOOSE TO TRANSFER FROM REACHING ITS DESTINATION AND/OR THE THIRD PARTY MAY CHOOSE NOT TO ACCEPT THE REPORT AND/OR MAY MAKE ANY MISTAKE WITH RESPECT TO THE REPORT INCLUDING, COMMUNICATION FAILURES AND/OR CONNECTIVITY ISSUES WITH REGARD TO THE INTERNET AND/OR THE CELLULAR NETWORK AND / OR FAILURES IN SOFTWARE AND / OR FAILURES ON THE COMPANY'S SERVERS AND/OR FAILURES IN TRANSFERRING THE INFORMATION, AND/OR FAILURE TO LOCATE YOUR LOCATION AT THE TIME OF THE EMERGENCY, AND YOU HEREBY WAIVE FULLY AND COMPLETELY ANY CLAIM, SUIT OR DEMAND AGAINST THE COMPANY IN CONNECTION WITH THE AFORESAID.

 

THE COMPANY ACTS, TO THE EXTENT POSSIBLE, FOR ENSURING THAT THE INFORMATION COMMUNICATED VIA THE APPLICATION IS CORRECT AND ACCURATE AS POSSIBLE, HOWEVER NOTWITHSTANDING THE AFOREMENTIONED, THERE MAY BE ERRORS AND/OR INACCURACIES IN THE INFORMATION AND/OR COMMUNICATION THEREOF FROM YOU TO THE RELEVANT THIRD PARTY OR TO THE COMPANY AND YOU HEREBY EXEMPTS THE COMPANY AND ITS REPRESENTATIVES, FROM ANY RESPONSIBILITY AND/OR LIABILITY IN THIS REGARD.

 

THE COMPANY MAY INCLUDE COMMERCIAL CONTENTS OF THIRD PARTIES IN THE APPLICATION, INCLUDING ADVERTISING, BANNERS, ADS, POP-UP ADS ETC. YOU HEREBY EXEMPT THE COMPANY, INCLUDING ITS REPRESENTATIVES, FROM AND AGAINST ANY RESPONSIBILITY AND/OR LIABILITY RELATED TO SUCH COMMERCIAL CONTENTS.

 

IT IS HEREBY CLARIFIED TO YOU, THAT THE INFORMATION THAT MAY BE ACCESSED VIA THE APPLICATION MAY BE UPDATED AND/OR AMENDED, FROM TIME TO TIME, AND THAT THE CONTENTS THAT ARE INCLUDED IN THE APPLICATION MAY BE DELETED AND/OR AMENDED WITHOUT PRIOR NOTICE, AND THE COMPANY, INCLUDING ITS REPRESENTATIVES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE COST OR EXPENSE, INCURRED IN SUCH CASE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of liability

 

In case that it will be determined that the Company is liable for damage, cost or expense to any third party, company's obligation shall not in any way exceed the amount one hundred USD ($100).

 

Termination

 

The Company may terminate the License granted to You to use the Application granted in accordance with this EULA at any time and for any reason. Without derogating from the aforementioned, Your violation of the terms of this EULA shall result in the immediate termination of the License provided to You, and You, upon the termination of the License, will cease all further use of the Application and delete or destroy any information that is held by You electronically, including any User Content, that is in your possession within the framework of the use of the Application.

 

Governing Law; Jurisdiction

 

This EULA shall be construed and governed under and by the laws of the State of Israel. The parties agree that exclusive venue for any legal action relating hereto shall be in the courts of Tel Aviv Jaffa, Israel. The parties agree not to contest the venue set forth herein and to submit to, and not contest, the exercise of personal jurisdiction over them by any of the foregoing courts.

 

Indemnification

 

You agree to indemnify and hold Company and its Representatives, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your use of the Application in violation of this EULA or arising from a breach by You of this EULA or any breach in Your representations or warranties' including with respect to the User Generated Content that You transferred via the Application.

 

Third Party Software

 

If the Application includes any software that has been supplied by third parties, then such software is provided "as is" without warranty of any kind, and said software will be subject to the limitations and conditions which are required by said third party.

 

You hereby acknowledge and agree that this EULA is entered into solely between You and the Company, and not with Apple and / or Google, and that Apple and / or Google shall have no liability in connection with the Application. Your use of the Application will be in accordance with the terms of use of Apple or and/or Google and subject to them in addition to this EULA.

 

Miscellaneous

 

This EULA represents the entire license agreement concerning the License that is granted to use the Application. If it is determined that any provision included in this EULA cannot be enforced, then such provision will be removed or redrafted but only to the extent necessary to make it enforceable and other terms will remain valid.

 

A printed version of this EULA and any message delivered in electronic form shall constitute admissible evidence in legal or administrative proceedings based or associated with them, equally and under the same terms that apply to other records and business documents originally generated and saved in a printed format.

 

Any claim suit or demand by You against the Company with respect to this EULA and/or the License granted herein will be raised no later than 6 months from the date of the cause for the claim.

 

No waiver of any term, provision or condition of this EULA, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

 

All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail or when sent by facsimile or e-mail to either parties' last known post office, facsimile or e-mail address, respectively. You hereby consent to notice by e-mail. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party.

 

If the performance of any part of this EULA by either party is prevented, hindered, delayed or otherwise made impracticable by causes beyond the reasonable control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes.

 

This EULA supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Application.

 

In the event of any conflict between the terms and conditions of this EULA and the terms and conditions of any license agreements appearing with or in the software products comprising the Application, this EULA shall prevail.

 

This EULA may not be assigned by You without the prior written consent of the Company. Company may assign this Agreement without Your consent.

 

For information or questions you are welcome to contact the Company via e-mail contact@aller-g.app . or main.aller@gmail.com