Visualogyx Inc. ("Visualogyx", “VISUALOGYX”, "Company" or "we") welcomes you ("User" or "you") to our website at www.visualogyx.com/ (the "Site") and our mobile application ("App" as further defined below). Our Site offers basic information regarding our services. Our App offers a cloud-based platform that organizes and manages your essential (personal and family) information and documents. Users may use the Site and/or App in accordance with the terms and conditions hereunder.
The App and the Site are available only to individuals who (a) are at least thirteen (13) years old (see further section 4 below); and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law, or have received the required consent from their legal guardian to enter into these Terms. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to these Terms.
Visualogyx is a mobile application that offers cloud-based platform that organizes and manages your essential (personal and family) information, material and documents (the "User Data") (the "App" ). The User Data may include the User's passport, driver license, education diplomas, information regarding life insurance, etc. The App allows you to properly organize and manage your User Data into sub-folders and categories (such as, insurance, finance, education, personal, car, house and medical). The User can upload such User Data directly through the App or via linking the App to third party service providers' APIs (through open standard for authorization (Oauth)) (such as, Gmail, Yahoo, Outlook, Dropbox, GDrive, Skydrive, etc.). In addition, we extract text from each document or material available in the User's accounts in such third party service providers as a basis for creating a relevant document which will become part of the User Data stored on behalf of the User on our App. However, please take into account that we may not 100% succeed in extracting the relevant documents which meet your requirements and such extraction might not be error free or completely accurate.
Note that the App may include local notifications, reminders and alerts that are sent to a User directly on his/her mobile device reminding such User about crucial information regarding the User Data (such as reminding the User about a passport which requires an extension, etc.). We may also offer advice and assistance, per your request, in completing forms and other materials you would like to submit to applicable entities (for example, governmental or public authorities) based on the User Data. In the event you request such assistance, you hereby designate and appoint us to act on your behalf while dealing with the applicable entity, including to use the information that you have provided us in connection with the requested service.
The App may permit in-app purchases, even if the App was downloaded for free. Such in-app purchases may not require the re-entry of credit card information as such in-app purchases will be made through an existing account with a third party distributor (namely, Apple's app store).
Please note that the App may only be available for certain operating systems (for example, iOS). The User may only download and use the App on a device running a validly licensed copy of the operating system on which the App was designed to operate. To be able to access and/or use the App, or any portion thereof, User must legally obtain all the applicable or required facilities, utilities, software and equipment at his/her sole risk and expense.
Note : Use of the App is entirely free of charge. However, Visualogyx reserves the right to charge fees for the use of this App in the future. In addition, you hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the App and/or Site, according with the applicable rates charged by your respective third party internet and data usage service provider as may be from time to time.
The Site provides you with information regarding our service. Further, the Site provides the Users the ability to contact us via the following e-mail address: [email protected].
The App and Site provide you with additional resources such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, information, know-how, specifications materials, procedures, designs, data, the "look and feel" of the App and/or Site, algorithms, source and object code, interface, GUI, interactive features related graphics, methods illustrations, drawings, animations, and other features available on or through the App and/or Site (collectively, the "Content").
We will make reasonable efforts to make sure that the App will be available for use 24 hours a day and 365 days a year. However, Visualogyx will not be liable and/or responsible for the App's failure to be available for any reason whatsoever, including but not limited to Internet and network caused outages, outages during which the hardware and software cannot be accessed due to technical or other problems that are not under our control (e.g. force majeure, third party negligence, etc.), etc. We note that if maintenance is required and the App will not be available because of this, we will attempt to inform our Users of this in advance if possible.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE AND/OR APP (OTHER THAN THE USER DATA) IS RESERVED TO VISUALOGYX OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE APP, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN "AS IS" BASIS. VISUALOGYX WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP, THE SITE AND/OR THE CONTENT AVAILABLE THEREIN.
PLEASE NOTE THAT IN THE EVENT THAT YOU WISH TO UPLOAD TO THE APP USER DATA VIA LINKING THE APP TO THIRD PARTY SERVICE PROVIDERS' APIS (THROUGH OPEN STANDARD FOR AUTHORIZATION (OAUTH)), YOU HEREBY GRANT VISUALOGYX ACCESS TO, AND THE ABILITY TO EXTRACT CERTAIN DATA INCLUDING BUT NOT LIMITED TO PERSONAL INFORMATION FROM MATERIAL AND DOCUMENTS WHICH ARE HELD BY SUCH THIRD PARTY SERVICE PROVIDERS AND/OR COPY SUCH MATERIAL AND DOCUMENTS, AS NECESSARY .
There are certain conducts which are strictly prohibited when using the App and the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may expose a User to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf, unless otherwise explicitly permitted under these Terms: (a) use the App and/or the Site for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the App, the Site and/or Content for non-personal or commercial purposes without Company's express prior written consent; (c) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the App and/or Site and retrieve, index and/or data-mine information; (d) interfere with or disrupt the operation of the App and/or Site or the servers or networks that host the App and/or Site, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (e) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the App and/or the Site; (f) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (g) bypass any measures we may use to prevent or restrict access to the App and/or the Site; (h) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Visualogyx on or through the App and/or the Site or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (i) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Visualogyx's proprietary rights, including Visualogyx's Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms; (j) make any use of the Content on any other site or networked computer environment for any purpose, or replicate or copy the Content without Visualogyx's prior written consent; (k) create a browser or border environment around Visualogyx Content (no frames or inline linking is allowed); (l) sell, license, or exploit for any commercial purposes any use of or access to the App, the Site and/or Content; (m) frame or mirror any part of the App and/or the Site without Visualogyx's prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the App and/or the Site; (o) transmit or otherwise make available in connection with the App and/or the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (p) remove or disassociate, from the Content and/or the App and/or the Site any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); and/or (q) infringe and/or violate any of the Terms.
Using the App requires you to open an account (the "Account"). The registration is free of charge. Registration can be done by completing the registration process within the App which requires your e-mail address and a password which consists of at least eight (8) characters. In addition you may optionally use a four digit pin code to further secure your Account.
Your Account is password protected. In order to protect the security of your User Data available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.
You are solely and fully responsible for maintaining the confidentiality of the password and Account and for all activities that occur under your Account. If we in good faith believe you have created an Account impersonating another person such Account may expose you to civil and/or criminal liability.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Visualogyx. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events you must change your password immediately via the settings in the App. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security.
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF YOUR USER DATA AND/OR THE FEATURES OR CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
Subject to the terms hereof, Visualogyx hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to (i) download and use the App on your authorized mobile telephone, device or tablet that you own or control solely for the limited purpose of your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (defined below) and applicable law; and (ii) to use the Content provided in the Site and/or App in accordance with the terms contained in this Agreement.
The Terms do not convey to you an interest in or to the Company Intellectual Property (defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company's Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Visualogyx regarding the App and/or Site ("Feedback"), Visualogyx shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Visualogyx current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.
Further, you warrant that your Feedback is not subject to any license terms that would purport to require Visualogyx to comply with any additional obligations with respect to any Visualogyx current or future products, technologies or services that incorporate any Feedback.
The App, the Site, the Content available therein and the Company's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, domain names, trade names, copyrightable materials and trade secrets, whether or not registered or capable of being registered (collectively, "Intellectual Property"), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
As between you and us, all of the User Data that you provide us with is your sole and exclusive property and you are solely responsible for it. These terms do not give us any right to the User Data except for the limited right which enables us to offer you the App services. We may also aggregate User Data with other User's content in such a way that it will not identify you and we may use that aggregated User Data to develop and improve our App. Except as otherwise provided in these Terms, we will not use the User Data.
The App allows you to share your User Data with other Users, so please think carefully about what you share and with whom.
Please be sure that while you use the App and upload User Data you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Data you uploaded via the App. Visualogyx will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Data.
You represent and warrant that you are the rightful owner of the User Data that you uploaded and/or linked to the App or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Data and that such User Data does not infringe any third party's intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights). You may not use our App in order to collect information about others without their explicit consent, as required under any applicable laws (including with respect to collection information regarding children under the age of thirteen (13)). If the User Data includes personal information of third parties, you are fully responsible for obtaining the consent of the such effected individuals as required under any applicable laws. It is hereby clarified that the User Data may include information regarding children under the age of thirteen (13) only in the event that the legal guardian of such child has agreed to such use, all as required under any applicable laws.
You agree that you will not upload any User Data containing content which is unlawful for you to possess or upload in the country in which you are resident, or which it would be unlawful for Visualogyx to use or possess (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent). Do not upload any User Data which depicts minors in a sexual manner.
Although Visualogyx has no obligation to screen, edit or monitor any of the User Data, Visualogyx explicitly reserves the right, at its sole discretion, to remove, without giving any prior notice, any User Data at any time and for any reason, and you are solely responsible for creating backup copies of your User Data and replacing any User Data that you store on the App at your sole expense.
Visualogyx may create limits on the use of the App including limitation on size and storage space available for Users to upload User Data.
We care for your safety. If you believe a User acted inappropriately including but not limited to sharing offensive, violent or sexually inappropriate User Data, please report immediately such person to the appropriate authorities and to our Misconduct Agent at: [email protected]
"Visualogyx", Visualogyx™, Visualogyx's marks and logos and all other proprietary identifiers used by the Company in connection with the App and/or Site ("Company Trademark s") are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the App and/or Site belong to their respective owners ("Third Party Marks"). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
Linking to Visualogyx's Site and Links to Third Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Visualogyx, and does not portray Visualogyx in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to Visualogyx's Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
Since you are downloading the App from a third party platform, service provider or distributor ("Platform Provider") your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App ("Usage Rules"). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider's Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider's representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider's Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
The following applies to you if you downloaded the App from the Apple App Store ("iTunes-Sourced Software"): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the iTunes-Sourced Software on an iOS device that you own or control, (ii) these Terms are solely between you and Visualogyx, not Apple Inc. ("Apple"), and that Apple has no responsibility for the iTunes-Sourced Software or content thereof, (iii) your use of the iTunes-Sourced Software must comply with Usage Rules established by Apple, including those set forth in the App Store Terms of Service effective as of the date you enter into these Terms, and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.
In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the iTunes-Sourced Software. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Visualogyx as provider of the App.
Visualogyx and you acknowledge that Visualogyx, and not Apple, is responsible for addressing any claims relating to the iTunes-Sourced Software or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use thereof infringes that third party's intellectual property rights, Visualogyx, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You 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 a third party beneficiary thereof.
The App may use or include third party software, files and components that are subject to open source and third party license terms ("Third Party Components"). Your right to use such Third Party Components as part of, or in connection with, the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the App and Visualogyx disclaims all liability related thereto. You acknowledge that Visualogyx is not the author, owner or licensor of any Third Party Components, and that Visualogyx makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be "open source" or "publicly available" software.
The App's and/or Site's availability and functionality depends on various factors, such as communication networks, software, hardware and the Company's services' providers and contractors. The Company does not warrant or guarantee that the App and/or Site will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
The Company reserves the right to modify, correct, amend, enhance , improve, make any other changes to, or discontinue, temporarily or permanently, the App and/or Site (or any part thereof including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under the App and/or Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Visualogyx shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App, the Site and/or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
If Visualogyx supplies to you any updates, upgrades and any new versions of the App ("Updates") according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you, you consent thereto and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates. For clarity, Visualogyx has no obligation under these Terms to provide Updates.
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP, THE SITE, THE CONTENT AND THIRD PARTY COMPONENTS ARE PROVIDED ON AN "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, AND VISUALOGYX AND ITS VENDORS (INCLUDING THE APPLICABLE PLATFORM PROVIDERS), INCLUDING OUR AND SUCH VENDORS' OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS ("COVERED PARTIES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT (I) THAT USE AND OPERATION OF THE APP AND/OR THE SITE IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE APP AND/OR THE SITE, (III) THE APP AND/OR THE SITE WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, AND/OR (IV) MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APP AND/OR THE SITE AND/OR CONTENT AVAILABLE THERETO (INCLUDING THAT THE RESULTS OF USING THE APP AND/OR THE SITE WILL MEET YOUR REQUIREMENTS). THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APP AND/OR THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE APP AND/OR THE SITE, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE APP AND/OR THE SITE.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE, OR OTHER ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN VISUALOGYX.
WE USE INDUSTRY STANDARD ADMINISTRATIVE, PHYSICAL AND TECHNICAL SAFEGUARDS TO PROTECT THE CONFIDENTIALITY, INTEGRITY, AND SECURITY OF YOUR USER DATA. NONETHELESS, NO SECURITY MEASURES ARE 100% EFFECTIVE, AND WE CANNOT GUARANTEE ABSOLUTE SECURITY AND THAT THE USER DATA, WHICH IS UPLOADED TO THE APP WILL BE STORED AND/OR WILL NOT BE DELETED. VISUALOGYX SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION INCLUDED IN THE USER DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUP COPIES OF THE USER DATA YOU UPLOAD OR STORE USING THE APP AT YOUR SOLE EXPENSE.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
THE DOWNLOAD AND USE OF THE APP, ANY IN-APP PURCHASES AND/OR OTHER PURCHASE OF PRODUCTS OR SERVICES THROUGH OR IN CONNECTION WITH THE APP IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR LOSS OF DATA (INCLUDING THE USER DATA) THAT MAY RESULT THEREFROM.
YOU AGREE THAT USE OF THE APP, THE SITE AND/OR THE CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL VISUALOGYX INCLUDING THE COVERED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APP (INCLUDING ANY SERVICES MADE AVAILABLE THROUGH THE APP) AND/OR THE SITE, YOUR USE OR INABILITY TO USE THE APP AND/OR THE SITE, THE USER DATA OR FAILURE OF THE APP AND/OR THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT THE PERFORMANCE OR FAILURE OF VISUALOGYX TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF VISUALOGYX OR ANY OF THE COVERED PARTIES, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ANY OF THE COVERED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES, THIRD PARTY SITES AND/OR THIRD PARTY CONTENT, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, VISUALOGYX, ITS VENDORS INCLUDING OUR AND SUCH VENDORS' OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP AND/OR THE SITE AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO VISUALOGYX FOR USE OF THE APP AND/OR THE SITE OR $US1.00, WHICHEVER IS GREATER. THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM THE COVERED PARTIES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless the Company, its vendors, including our and such vendors' officers, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers from and against all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your unauthorized use of the App, the Site and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party in connection with your use of the App and/or Site; (iv) the User Data that you uploaded through the use of the App; and (v) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the App and/or Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
Termination or Suspension of your Account, Termination of these Terms and the Termination of the App's and/or Site's operation
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply herewith Visualogyx may immediately temporarily or permanently limit, suspend or terminate your Account. In addition, Visualogyx may temporarily or permanently limit, suspend or terminate your Account upon 30 days notice if your Account has been inactive for at least one (1) year. We will provide you notice if we cancel your Account. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the App and/or the Site, you may terminate these Terms at any time by uninstalling our App and stopping your use of the App and Site and this will be you sole remedy in such circumstances. In such circumstance and upon termination of these Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the App and Site, delete and destroy all copies of the App in your possession or control and so certify to Visualogyx if required by it, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
Visualogyx may at any time, at its sole discretion, cease the operation of the App and/or Site or any part thereof, temporarily or permanently, delete any information from the App and/or Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving prior notice. You agree that Visualogyx does not assume any responsibility with respect to, or in connection with the termination of the App's and/or Site's operation and loss of any data. In the event that Visualogyx ceases the operation of the App we will provide you a thirty (30) day notice prior to such date.
We note that we can suspend access to your Account if we believe, in our sole discretion, that the one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of Visualogyx, its users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; and/or (6) we are required to by law. We will provide you a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account and your User Data. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.
The App are subject to export control laws of the State of Israel and/or may be subject to additional export control laws applicable to the User or in the User's jurisdiction, including, without limitation, the United States. The User agrees that he/she will not ship, transfer, or export the App into any country, or make available or use the App in any manner, prohibited by applicable laws.
In addition, the User represents and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) that the User is not listed on any U.S. Government list of prohibited or restricted parties.
(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the App and/or Site or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the App and/or Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Visualogyx may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP AND/OR SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Visualogyx, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
NOTE: THE APP IS CURRENTLY IN ITS BETA VERSION AND IS UNDERGOING BETA TESTING. THEREFORE, THE APP MAY SUFFER DISRUPTIONS, MAY CONTAIN BUGS AND MAY NOT OPERATE AS DESIGNATED OR INTENDED. YOUR USE OF THE APP CONSTITUTES YOUR AGREEMENT TO PARTICIPATE IN THE APP BETA TESTING.
Information, Support or Questions:
Visualogyx will make reasonable efforts to provide you with technical and product support for the App and/or Site. For information, support or questions, please contact us at : Email Us : [email protected]