Legal

 
 
Terms of Use

 

KITLOCATE LTD. (“KitLocate”), a company organized and existing under the laws of Israel, with its registered address at 23 Yehuda Halevi Street, Tel Aviv 65136.Israel, hereby offers the Internet user (“User”) to use the Geo Fence By KitLocate app (“Service”) to experience and test the KitLocate technology and SDK http://www.kitlocate.com/products/, including but not limited to via the special software installed on the User’s mobile device (“Mobile Application”).
 

1. General Provisions.

 

1.1. Use of the Service by the User is governed by these Terms, which are a legally binding agreement between KitLocate and the User.

 

1.2. By beginning to use the Service or any of its separate functions, the User is considered to have accepted these Terms in full, without any reservations or omissions. If the User does not agree with any of the provisions of these Terms, the User may not use the Service.

 

2. Use of the Service and Its Certain Functions.

 

2.1. KitLocate reserves the right, at its sole discretion, to limit the User’s access to the Service (or to its certain functions, if technically possible) with the User’s account or without it, or to fully deactivate the User’s account in case of repeated breach of these Terms by the User, or to take other measures in relation to the User to ensure compliance with applicable law or protection of third party rights and interests.

 

2.2. The User may not use the Service unless the User has successfully completed registration to the Service. The account information KitLocate collects from User, during registration and thereafter, includes User’s name, email address and details related to the Mobile Application and its features. KitLocate may, from time to time, request additional or other information from the User. KitLocate will explicitly indicate the fields for mandatory completion. If the User does not enter the required information in these fields, the User will not be able to complete the registration process or use the Service.

 

2.3. The User understands and agrees that by registering to the Service, the User also creates a developer’s account on the KitLocate developer’s platform: https://developer.kitlocate.com/Account/Login, and agrees to be bound by KitLocate Terms of Use (http://www.kitlocate.com/legal/#terms).

User who already has the developer’s account on the KitLocate developer’s platform may log in to the Service using its existing account information.

 

2.4. Upon successful completion of registration, the User will receive an account username and password. From time to time, KitLocate may establish and require additional or different means of identification and authentication for logging in to the Service.
 

2.5. The User is solely responsible for maintaining the confidentiality of User’s account username and password. The User assumes full and exclusive responsibility for its failure to maintain User’s account username and password confidential, for conveying User’s username and/or password to a third party and for all consequences resulting therefrom.
 

2.6. During registration and thereafter, the User must submit to KitLocate only true, accurate and complete account information. False, incorrect or outdated account information may prevent the User from registering to, or using, the Service. The User must promptly notify KitLocate of, and correct as necessary, any outdated or inaccurate account information.
 

2.7. The User assumes full and exclusive responsibility for any and all damage, loss and claims resulting from its failure to provide true, accurate and complete information in connection with this Agreement, the Service or the Mobile Application and from its failure to notify KitLocate of any change in the information the User previously provided.
 

2.8. The Service is available to Users in legal capacity and in the age of at least 18 years.
 

2.9. The User shall use the Service solely for its immediate purpose, including for the purposes stated in these Terms.
 

2.10. The User shall not take any action that may lead to an error in the Service.
 

2.11. The User shall be solely responsible for compliance with any applicable law in using the Service, including the laws of Israel as well as the laws of the User’s place of residence or the place where the User takes any legally relevant action under these Terms. If the use of any of the Service’s features leads to a breach of any applicable law, the User shall cease using the Service.
 

2.12. The Service and the Mobile Application must be used under the name of “Geo Fence by KitLocate”. In certain occasions the Service and/or the Mobile Application may be presented to the User under different names. Notwithstanding the name under which the User accesses the Service and/or the Mobile Application, the User shall not modify or remove the name of the Service and/or the Mobile Application, copyright or other intellectual property rights notices, as well as any other designations of KitLocate.

 

3. Intellectual Property Rights.

 

3.1. The User hereby understands and agrees that all copyrights, patent, trademark, know-how and other intellectual property rights (“Intellectual Property Rights”) in relation to the Service and the Mobile Application are owned by KitLocate and/or other right holders. The User’s rights to use the Mobile Application are governed by Section 4 of these Terms.

 

4. Mobile Application.

 

4.1. The User may access the Service via the Mobile Application. KitLocate hereby grants to User a royalty-free, non-exclusive, non-transferable, perpetual, worldwide license in the Mobile Application with the right to:

 

4.1.1. use the Mobile Application in accordance with its functionality by copying and installing it on any number of the User’s mobile devices for the same purpose; and

 

4.1.2 reproduce the Mobile Application for personal non-commercial purposes (for free).

 

4.2. Except as expressly allowed by these Terms or applicable law, the User shall not modify, decompile, disassemble, decrypt or perform other activities with the object code of the Mobile Application for the purpose of obtaining information on how algorithms in the Mobile Application are implemented, create derivative products using the Mobile Application, or otherwise use, or allow other persons to use, the Mobile Application or any of its components without KitLocate’s written consent.

 

4.3. The User shall not reproduce, distribute, communicate, make the Mobile Application available for the general public or otherwise use the Mobile Application for commercial purposes (including for a fee), including as part of software bundles or collections without KitLocate’s written consent.

 

4.4. The User shall distribute the Mobile application as provided by and received from KitLocate, unless otherwise agreed with KitLocate in writing.

 

5. Personal Information.

 

5.1. Any personal information provided or communicated by the User to KitLocate in relation to the use of the Service, shall be stored and processed by KitLocate in compliance with the Privacy Policy (http://www.kitlocate.com/legal/#privacy). Such personal information may also be stored and processed by KitLocate’s affiliates, and the User hereby agrees to the transfer of his or her personal information to such parties.

 

5.2. The User hereby acknowledges and agrees that during the use of the Mobile Application and/or the Service by the User, the following User information is automatically transferred to KitLocate: type and model of the User’s mobile device, the User’s mobile device operation system, the Mobile Application’s version and identifier, Mobile Application and Service usage statistics, mobile phone number, SIM-card serial number, geolocation information (if allowed by the User), information provided by the User such as geo fence and push notification settings, as well as other technical information.

 

6. Modification and Termination of These Terms.

 

6.1. These Terms may be modified by KitLocate unilaterally without any notice. The new version of the Terms shall become effective at the time it is placed online on the webpage specified herein, unless otherwise provided by the new version of the Terms. The version of the Terms currently in effect is always located at http://www.kitlocate.com/legal-geofenceapp/ .In case KitLocate makes any changes to these Terms as provided in this Section to which the User does not agree, the User must cease using the Service.

 

6.2. These Terms may be terminated:

 

6.2.1 by the User — if the User ceases using the Service and the Mobile Application;

 

6.2.2 by KitLocate — if the User breaches these Terms as well as if KitLocate terminates the User’s access to the Service under Section 2.1 of these Terms.

 

7. Disclaimer of Warranties.

 

7.1. THE USER HEREBY UNDERSTANDS AND AGREES THAT USE OF THE SERVICE AND THE MOBILE APPLICATION IS AT THE USER’S OWN RISK, AND THAT THE SERVICE AND THE MOBILE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

 

7.2. THE USER AGREES TO USE THE SERVICE AND THE MOBILE APPLICATION AT HIS OR HER OWN DISCRETION AND RISK, AND SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER, MOBILE OR OTHER DEVICE OR ANY LOSS OF DATA DUE TO SUCH USE.

 

7.3. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, KITLOCATE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, IN RELATION TO THE SERVICE AND THE MOBILE APPLICATION.

 

8. Limitation of Liability.

 

8.1. THE USER HEREBY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, KITLOCATE, ITS AFFILIATES, THEIR RESPECTIVE EMPLOYEES AND CONTRACTORS SHALL NOT BE LIABLE BEFORE THE USER (WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY) FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT THE USER MAY SUFFER IN RELATION TO THE USE OF THE SERVICE AND THE MOBILE APPLICATION, INCLUDING LOSS OF DATA, WHETHER OR NOT KITLOCATE, ITS AFFILIATES, THEIR RESPECTIVE EMPLOYEES AND CONTRACTORS OR THEIR REPRESENTATIVES WERE ADVISED OF OR COULD HAVE FORESEEN SUCH DAMAGES.

 

9. Indemnification.

 

9.1. The User shall, at his or her own effort and expense, defend, indemnify and hold harmless KitLocate, its affiliates, their respective employees and contractors against any and all claims, suits and/or complaints of third parties related to the User’s actions in using the Service, as well as compensate any damages and losses (including but not limited to reasonable attorneys’ fees) caused by such claims, suits and/or complaints.

 

10. Governing Law and Dispute Resolution.

 

10.1. These Terms (including any issues of their validity, performance or termination) shall be governed by and construed in accordance with the laws of Israel, without regard of its conflicts of laws provisions. Any dispute arising out of or in connection with these Terms shall be considered and finally resolved by the competent court in the Tel Aviv district of Israel. Notwithstanding the foregoing, nothing in these Terms shall be construed as preventing KitLocate from seeking any injunctive relief (or other analogous measures) from a competent court in any jurisdiction.

 

11. Other Provisions.

 

11.1. These Terms are the full legally binding agreement between the User, on the one hand, and KitLocate, on the other hand, in relation to their subject matter, and replace any previous agreements or understandings, written or oral, with regard to such subject matter.

 

11.2. If any court of law having the jurisdiction to decide on this matter rules that any provision of these Terms is invalid, then that provision shall be deemed removed from these Terms without affecting the rest of these Terms, which will continue to be valid and enforceable in full.

 

11.3. These Terms are drafted and shall be construed in the English language. In case of any discrepancy between the English version of these Terms and a translation, the English version shall prevail.

 

11.4. KitLocate may transfer and assign any of its rights and obligations under these Terms, as well as delegate them to third parties without the User’s consent. The User may not transfer or assign any of its rights and obligations under these Terms, as well as delegate them to third parties without KitLocate’s consent.