Mr. Guardian– End User License Agreement
This End User License Agreement (“Agreement”) is a legal agreement between you (“User”, "You", "Your" or "Yourself") and Mr. Guardian Ltd. ("Company”, "We", "Our" and "Us") governing Your use of the Company's application (“Application”), as well as Your use of any of the Company's services which are rendered through the Application ("Services" and together with the Application: “Mr. Guardian”).
Mr. Guardian is a mobile personal guardian that will notify trusted predefined contacts ("Guardians") immediately in case of any difficult situation or emergency. By touching the big red button in the Application, Mr. Guardian will immediately alert all Your Emergency Contacts at once by SMS ("Emergency Message"). The Emergency Message includes a link to a map based on a LBS (“Location Based Services”) and a pointer. Only the User can disarm the alarm by tapping the “I’m ok” button in the Application. When the button is pressed, Guardians will get Message includes a link to a map based on a LBS and a pointer.
Mr. Guardian may add a functionality in the future, that will take a picture and send it to Our servers and to Your Guardians with Your current address and the date of the picture. It allows Your Guardians to see who was deactivated the alarm. You acknowledge that such Emergency Message may contain personal identifiable information including without limitations; Your geographical location and Your picture which is delivered to Your Guardians and You hereby permit the Company to deliver such information to the Guardians, and irrevocably waive any claims against the Company and/or anyone acting on its behalf, with respect to the delivery of the aforementioned Emergency Message.
You may also find in the Application an additional location feature which allows You to define place/s and ask to be guarded by your Guardians when you are entering or leaving the predefined place. You can also guard your contacts by set the place for your contact you guard him/her (“Guarded”). Guarded will get the request and will need to approve. Once your request will be approved, you can guard the guarded at predefined places. The automatically notification will be sent once user Guardian or guarded entered or left the predefined place based on LBS and/or GPS (“Places”).
You may also find in the Application an additional location feature which allows You to follow Your child or elder parent or other contact as well as to be followed by them by GPS or other LBS and see them or to be seen by them on the map when they are on their way and setting the Emergency Alarm ("Walk Me").
Mr. Guardian can be installed and used through a mobile device or portable device that is operated by the operating system of Android (“Mobile Device”), and subject to Your compliance with the relevant terms of Your Mobile Device. You hereby acknowledge that this Agreement is an agreement between You and Company and not Google or Apple. Mr. Guardian is operated using various features, functions and signals of Your Mobile Device for determining Your geographical location and/or Your last location as determined by the Application according to Your initial settings. Such features and functions include, but not limited to GPS signals. You must have a Mobile Device that is compatible with Our system. We do not warrant that Mr. Guardian will be compatible with Your Mobile Device. You acknowledge that We may from time to time issue upgraded versions of Mr. Guardian, and may automatically electronically upgrade the version that You are using on Your Mobile Device. You consent to such automatic upgrading and agree that the terms and conditions of this Agreement will apply to all such upgrades.
IMPORTANT: BY DOWNLOADING AND/OR INSTALLING THIS APPLICATION AND/OR BY USING ANY OF THE SERVICES, YOU ACCEPT AND AGREE THAT YOU HAVE THE PHYSICAL ABILITY TO USE AND OPERATE THE APPLICATION AND SERVICES AND TO COMPREHEND THEM WITH THE USE OF YOUR SENSE, AND THAT YOU HAVE IN YOUR POSSESSION ALL INSTRUMENTATION REQUIRED FOR THE OPERATION OF THE APPLICATION AND SERVICES AND THAT SUCH INSTRUMENTATION FULLY MEETS ALL AFOREMENTIONED SYSTEM REQUIREMENTS. YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT- YOU ARE NOT ALLOWED TO USE THE APPLICATION AND/OR ANY OF THE SERVICES, AND ARE OBLIGED TO UNINSTALL AND ERASE THE APPLICATION FROM YOUR MOBILE DEVICE IMMEDIATELY.
Downloading & Using the Application
In order to use Mr. Guardian You must download and install the Application on Your Mobile Device. Once installed, the Application is designed to be turned on automatically and to operate on Your Mobile Device at all times, unless otherwise turned off by User or due to technical malfunctions. Please note that You must add at least one contact and must to allow the Application to operate on a continues basis and to make sure that all signals and services required for Mr. Guardian’s operation are operating.
The Application may be connected to the Our server from time to time. When the Application is off, Our server might send Your Mobile Device periodic notifications to turn the Application on (“Turn on Notifications”). It is hereby clarified that Turn on Notifications are delivered for convenience purposes only, and it is Your responsibility to turn on the Application when required, and to make sure that all Mobile Device’s features, including Walk Me (as defined below), and services required for the operation of the Application and Services are active at all times. Please be sure to frequently check that the Application and any other Services, features or signals on Your Mobile Device which are required for the operation of Mr. Guardian are fully enabled and dully operating. Please be sure to verify that You have the ability to hear and see Your Mobile Device’s display, sounds or signals.
If You are operating any automatic task managers or task killers while using Mr. Guardian, please make sure that the Application is not designated to be automatically disabled or terminated, at any time, including upon restarting or shutting off Your Mobile Device. Please also be sure to check that You have good GPS signal on Your Mobile Device and LBS enabled and that such functions are enabled and fully operating at all times. Please do not forget to check Your Mobile Device’s battery or attach Your Mobile Device to a charger when necessary. Caution: the signals and third party services which are used by Mr. Guardian for its operation are effected from various technical and environmental factors which We have no control over. Company does not represent, warrant or guarantee that We will recognize Your Mobile Device (and vice versa) even if all signals and instrumentation are functioning properly.
By downloading and installing the Application and/or Services, You grant Us with the license and right to access Your Mobile Device contact list and use such Contact List in order to check which contacts shall be eligible to become Your Guardians. Also, You grant Us with the license and right to access Your Mobile Device Geo-location features and retrieve Your current location.
Grant of License
License Restrictions and Limitations
While using the Application and/or Services, there are certain types of behaviors which are strictly prohibited, as appears below. Please read this list carefully. Your failure to comply with the provisions set forth herein may result in the suspension or blocking of Your use of the Application and/or Services and may expose You to civil and/or criminal liability.
You may not, and may not permit or aid others to: (a) copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of the Application and/or the Services, including but not limited to, other User's Information; (b) create a browser, frame, border environment or GUI around the Application and/or the Service; (c) interfere with or disrupt the operation of the Application and/or the Services, or the servers or networks that host the Application and/or the Services or make the Application and/or Services available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (d) interfere with or violate other users' rights to privacy and other rights, or harvest or collect data and information about users, including ,inter alia, any User's Information, without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other automatic device or process to access the Application and/or Services and/or retrieve index and/or data-mine information; (e) publish or make use in any way any information about users of the Application and/or Services, including ,inter alia, any sensitive personal information, without their expressed consent; (f) impersonate any person or entity or provide false or misleading personal information; (g) transmit or otherwise make available through or in connection with the Application and/or Services any virus, "worm", "Trojan Horse", "time bomb", "web bug", spyware, or any other computer code, file, application or program that is malicious by nature or defective, and 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; (h) use the Application and/or Services or other sensitive personal information for any illegal, unlawful or unauthorized purposes; (i) use the Application, the Services and/or other sensitive personal information for any commercial or other non-personal purposes, including any usage which generates any revenues, whether directly or indirectly, without Our prior written consent; and (j) use the Application, the Services and/or other sensitive personal information for purposes of harassment, stalking, scorning, mocking, humiliating, offending, provocation, violence or any other purpose which may endanger other users.
Some areas of Mr. Guardian allow Users to post content such as videos, pictures and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Application “User Content”). We claim no ownership rights over User Content created by You. The User Content You create remains Yours; however, by sharing User Content through the Application, You agree to allow others to view, edit, and/or share Your User Content in accordance with Your settings and this Agreement.
You agree not to post or transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that We deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that You know is not correct and current; (ix) violates any applicable policy, including those related to cheating or ethics; (x) interferes with other Users of the Application and Services including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Application and Services and deleting or revising any content posted by another person or entity; (xi) You agree that any User Content that You post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. We reserve the right, but is not obligated, to reject and/or remove any User Content that We believe, in Our sole discretion, violates these provisions.
In connection with your User Content, you affirm, represent and warrant the following:
You have the consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Application and/or Services and this Agreement, and each such person has released You from any liability that may arise in relation to such use.
Your User Content and Company’s use thereof as contemplated by this Agreement and the Application and Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. Company takes no responsibility and assumes no liability for any User Content that You or any other User or third party posts or sends over the Application and/or Services. You shall be solely responsible for Your User Content and the consequences of posting or publishing it, and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your User Content. You understand and agree that You may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose, and You agree that Company shall not be liable for any damages You allege to incur as a result of User Content.
By posting any User Content on the Application and/or Services, You expressly grant, and You represent and warrant that You have all rights necessary to grant, to Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and Your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services.
We respect Your privacy and are committed to protect the information You share with Us. We believe that You have a right to know the Company's practices regarding the information the Company collects when You use the Application and/or the Services. Below You will find a detailed list of the information the Company collects, how the Company intends to use it and for which purposes:
What information does the Company collect?
The Company collects two types of information, as follows:
Non identifiable and anonymous information which consists of technical information and behavioral information, including but not limited to ("Non Personal Information"). To put it simply, We have no idea what is the identity of the User from which We have collected the Non-personal Information.
The Non-personal Information We gather consists of technical information and behavioral information, including, among others, the type of the User's Mobile Device and its operating system and version, Mobile Device language, Mobile Device storage, screen resolution and other modes, User's 'click-stream' and patterns on the Application, internet connectivity, geographical location derived from GPS signal, etc:
Individually identifiable information which consists of any personal details provided voluntarily by You to Company, either directly or through the Application and/or Services, such as ("Personal Information") To put it simply, this information may identify an individual or is of a private and/or sensitive nature:
Users who are interested in opening an account may be requested to provide the following details via the registration form: full name, country, e-mail, address, phone number, birthday, choose a password and to choose at least two Emergency contacts and/or Guardians.
Alternatively, the User can open an account and signup for Mr. Guardian via a third party social network account (e.g. Facebook, Odnoklassniki.ru, VK.ru, Twitter, Google+, Instagram and others) and/or via email. In the event that a User registers to the Application and/or Service through his/her existing social network account, then such social network account provides Us with access to certain information about such User as is stored in the User’s social network account, namely, certain public information (e.g. full name, profile picture and cover photos, networks, contact list and any other information which the User made public) and/or any other information which is detailed and displayed to the User in the notice which appears during the "Log in" with such social network account process. Please read carefully such notice in order to understand what information is available to Us via the social network account. You hereby agree that such information will be stored even after the linkage to Your social network account expires, for any reason.
Upon installation, the Application may request access to the following Personal Information from the User's device: GPS (geo-location).
For the sake of clarity, any Non-personal Information combined with Personal Information shall be regarded as Personal information.
For which purposes does the Company collect Non-Personal information?
Enhance the User experience on the Application and Services (e.g. by determining the screen resolutions); and
Learn about the preferences of Users and general trends of usage of the Application and Services (e.g. understand which features are more popular than others); and
Personal Information is collected in order to:
Enable the use of certain services provided through the Application and Services;
Open an account in the Application;
Personalize User experience in the Application and Services;
Determine Geo-location information;
Enable provision of technical assistance and support;
Notify Users of new features, products and services;
Direct marketing activities;
Enable the User to register for special offers, contests or premium services; and
Verify the User's identity.
Sharing the information with third parties:
We will not share Your Personal Information with any third party, except for the following cases: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce this Agreement, including investigation of potential violations of such the terms of this Agreement, either by Us, by Google or by Apple; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to respond to User's support requests; (e) to respond to claims that any content violates the rights of third-parties; (f) to respond to claims that contact information (e.g. name, email address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; (g) to protect the rights, property, or personal safety of Company, its Users, or the general public; (h) when Company is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of the assets of Company; and (i) pursuant to Your explicit approval, in order to supply certain Services You have requested from Company.
In order to protect Your privacy and the general security of Our users, You are hereby requested to notify Us immediately if You become aware of any unauthorized use of Your User's Information. We will do Our best to resolve the problem but please be aware that We will not be liable for any loss or damage arising from any unauthorized use of Your User's Information or any other breach of security.
Intellectual Property Rights
You acknowledge and agree that the Application and the Services, including without limitation, the proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, " Intellectual Property"), are fully owned or licensed to the Company and are subject to copyright and other applicable intellectual property rights under applicable laws, foreign laws and international conventions. Except as provided herein, You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property not as explicitly permitted to You under this Agreement.
Trademarks and trade names
“Mr. Guardian”, Our Company logo and any other commercial identifies used by Us in connection with the Application and/or any of the Services are all trademarks and/or trade names of the Company, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademarks and/or trade names. Note that trademarks, trade names, marks and/or brand names of unaffiliated third parties may be displayed in the Application and/or Services, and that such are the property of their respective owners.
Term and Termination
This Agreement is effective upon the installation of the Application and/or the use of any of the Services, and shall remain in full force and effect for so long as You use the Application and/or Services in accordance with this Agreement. Without prejudice to any other rights, the Company may terminate this Agreement upon the breach of any term hereof by You or anyone on Your behalf. Upon such termination by the Company, You agree to immediately uninstall or delete the Application from Your Mobile Device.
Representation and Warranties by User
As a condition to Your use of this Application and/or Service, You hereby represent and warrant that:
You are at least 13 years of age or older and possess the legal authority to enter into this Agreement and to form a binding agreement under any applicable law, to use the Application and/or Services in accordance with all terms and conditions herein, and to fully perform Your obligations hereunder. If you are 13 or older but under the age of 18, or if from any reason you do not possess the legal authority to enter into this Agreement (for example, if you have been declared as legally incompetent and a legal guardian or custodian has been appointed on your behalf), You hereby confirm that you have reviewed the agreement with your parent or guardian to make sure that you and your parent or guardian understand it and accept its terms;
You are responsible for any use of the Application and/or Services by anyone other than You;
the execution of this Agreement does not and will not violate any other agreement to which You are bound or any law, rule, regulation, order or judgment to which You are subject;
Your use of the Application and/or Services has not been previously suspended, nor Your access to the Application and/or Services has been previously blocked by Us;
You have explicitly obtained the consent of any of the Guardians to provide their sensitive personal information to Us in order for Us to provide You with the Services and for other purposes of this Agreement.
Disclaimer and Warranties
THE APPLICATION AND/OR SERVICES ARE AT THEIR BETA STAGE AND PROVIDED HERE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING WITHOUT LIMITATION, DUE TO ANY PHYSICAL DISABILITY USERS MY POSSES.
WE DO NOT WARRANT THAT THE USE OF THE APPLICATION AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL MEET USER’S EXPECTATIONS OR REQUIREMENTS OR ANY PARTICULAR CRITERIA OF PERFORMANCE OR QULITY STANDARDS OR THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. WE MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE APPLICATION AND/OR SERVICES, IN WHOLE OR IN PART, AT ANY TIME. FOR THE AVOIDANCE OF DOUBT, GOOGLE AND APPLE DOES NOT HAVE ANY OBLIGATIONS WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APPLICATION AND/OR SERVICES.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY PERSONAL INFORMATION ABOUT YOU AND ABOUT YOUR GUARDIANS, INCLUDING INFORMATION ABOUT YOUR MEDICAL HEALTH, IS CONSIDERED SENSITIVE PERSONAL INFORMATION AND YOU HEREBY REPRESENTS AND WARRANTS TO US THAT YOU EXPLICITLY CONSENT TO PROVIDE THIS SENSITIVE PERSONAL INFORMATION TO US AND THAT YOU HAVE EXPLICITLY OBTAINED THE CONSENT OF ANY OF THE GUARDIANS TO PROVIDE THEIR SENSITIVE PERSONAL INFORMATION TO US IN ORDER FOR US TO PROVIDE YOU WITH THE SERVICES AND FOR OTHER PURPOSES OF THIS AGREEMENT.
WE ACT MERELY AS A VENUE BETWEEN YOU AND THE GUARDIANS, AND ARE NOT, IN ANY CASE, DIRECTLY OR INDIRECTLY INVOLVED IN ANY TRANSACTION BETWEEN YOU AND THE GUARDIANS, OR BETWEEN ANY OTHER THIRD PARTY AND YOURSELF.
WE MAKE NO REPRESENTATION REGARDING OUR ABILITY TO SUCCESFULY ALERTS YOUR GUARDIAN OR THAT THOSE GUARDIANS WILL HAVE THE ABILITY TO PROVIDE WITH THE SOUGHT AFTER HELP IN A SATISFACTORY MANNER.
CAUTION: THE APPLICATION AND/OR SERVICES ARE NOT INTEND TO SUBSTITUTE FOR HUMAN CARE, PARENTAL, CAREGIVER’S DISCRETION AND/OR EMERGENCY SERVICES. WHERE A SITUATION MIGHT REQUIER EMERGENCY SERVICES, YOU SHOULD IMMEDIATELY CALL THOSE SERVICES. YOU SHOULD NOT RELY SOLELY ON THIS APPLICATION AND/OR SERVICES IN SEEKING ASSITANCE, AND REMAIN FULLY RESPONSIBLE FOR SECURITING THE ASSISTANCE YOU NEED. WE ARE NOT LIABLE FOR ANY MEDICAL OR OTHER SITUATION THAT MIGHT OCCUR AS THE RESULT OF PROBLEMS WITH THE APPLICATION AND/OR SERVICES, RESPONSIVENESS OF GUARDIANS, OR ANY OTHER CIRCUMSTANCE WHICH DELAYS YOUR RECEIVING ASSISTANCE OF ANY KIND.
GENERAL AWARENESS AND/OR LIABILITY SHOULD NOT BE CONSTRUED AS THE GIVING OF ADVICE OR MAKING OF A RECOMMENDATION REGARDING ANY DECISION OR ACTION RELATED TO YOUR HEALTH OR THE HEALTH OF OTHERS. WE STRONGLY URGE YOU TO REFER TO YOUR CERTIFIED MEDICAL PROFESSIONAL SHOULD YOU REQUIRE SUCH MEDICAL ADVICE OR ASSISTANCE. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS REGARDING THE CARE OF YOU OR ANYONE ON YOUR BEHALF, INCLUDING YOUR CHILD OR ELDER PARENT, AND YOU SHOULD NOT MAKE ANY DECISIONS BASED ON THE INFORMATION RECEIVED FROM THE USE OF THE APPLICATION AND THE SERVICES, INCLUDING WITHOUT LIMITATIONS THE OPERATION OF WALK ME FEATURE.
THE APPLICATION AND SERVICES ARE PROVIDED SOLELY AS A CONVENIENCE ITEM FOR HELPFUL PURPOSES, AND SHOULD NOT BE RELIED UPON AS THE MEANS OR METHOD FOR MONITORING CHILDREN AND ELDERLY. THE APPLICATION AND/OR THE SERVICES DO NOT REPRESENT ANY ATTEMPT TO CIRCUMVENT, MITIGATE, NOR REPRESENT A SUBSTITUTION FOR THE PARENTAL AND/OR CAREGIVERS’ AWARENESS, MONITORING, DISCRETION, LIABILITY, AND/OR ANY OTHER LEGAL DUTIES AND RESPONSIBILITIES UNDER APPLICABLE LAW, OR AS OTHERWISE SPECIFIED HEREUNDER.
TECHNICAL PROBLEMS, POSITIONING NETWORK MALFUNCTIONING AND/OR LOCATION ERRORS AND/OR SHIELDING AND/OR CLIMATE DISTURBANCES AND/OR ATMOSPHERIC INDUCTANCE AND/OR SATELLITES DISRUPTIONS AND/OR WI-FI DISCONNECTIONS, MALFUNCTIONS OF CELLULAR TOWERS AND/OR DATA COLLAPSE IN THE CELLULAR NETWORK AND/OR INTERNET NETWORK, SYSTEM SPECIFICATION AND/OR FEATURES AND/OR PROPERTIES MALFUNCTIONS, SOFTWARE AND/OR HARDWARE MALFUNCTIONS, LOADING AND/OR CHARGING MALFUNCTIONS, WRONG SETTING AND ANY OTHER FORMS OF HUMAN AND/ OR SOFTWARE, AND/OR HARDWARE AND/OR ROM CHANGES, CHANGES IN THE PERFORMANCE AND ROOT AUTHORIZATIONS ON THE USERS MOBILE DEVICE AND/OR INSTALLATION OR USE OF JAILBROKEN APPLICATIONS AND SOFTWARE AND/OR OTHER TECHNICAL ERRORS MIGHT CAUSE THE APPLICATION AND/OR THE SERVICES TO CRASH, COLLIDE, MALFUNCTION, AND/OR TO CEASE ITS OPERATION AND NOT DETECT. EVEN WHEN USED PROPERLY AND IN ACCORDANCE TO ITS INTENDED PURPOSE, THE APPLICATION AND THE SERVICE HEREUNDER MAY MALFUNCTION OR NOT WORK PROPERLY AND MAY NOT BE RELIED UPON BY ANY WAY, AS THEY SERVE ONLY AS A HELPFUL TOOL FOR USERS.
Limitation of Liability
The use of the Application and/or Services, as well as the necessity to make sure You can use, operate and comprehend the Application and Services with the use of Your senses is solely at Your own reasonability and risk. To the extent permitted by law, at any event, We will not be liable for any damages whatsoever including, but not limited to, direct, indirect, special, incidental or consequential damages of any kind, whether in an action of contract, negligence or other tortious action, resulting from or arising out of the Application and/or Services or the inability to use the Application and/or Services, including, but not limited to death, personal injuries and any other related damages as well as any damages, loss or costs You may suffer due to the installation of the Application on Your respective Mobile Device, the use of the Application and/or the Services, Your reliance on the information provided through the Application and/or Services, including, but not limited to, for making decisions pursuant to such information, regardless of whether We or an authorized representative of Ours has been advised of the possibility of such damages.
Some Jurisdictions do not allow the exclusion of certain warrants or the limitation or the exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that We may not, as a matter of applicable law, disclaim any particular warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to defend, indemnify and hold harmless Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Application and/or Services; (ii) Your violation of any term of this Agreement; (iii) Your violation of any third party right, including without limitation any proprietary or intellectual property right and/or privacy right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, You and/or anyone on Your behalf may cause to any third party with relation to the Application and/or Services. This defense and indemnification obligation will survive this Agreement.
Mr. Guardian use information, services, materials and components received from, and/or maintained by third parties. Such services, materials and components include but are not limited to GPS signals, as well as mapping and other related support services. Mr. Guardian may also contain links to third-party websites, advertisers, services, special offers, or other events or activities. Because Company has no control over any of the activity of any of the third party, You acknowledge and agree that Company is not responsible for the availability or suitability, of any of the information, materials, signals, services and/or components provided by such third parties, does not endorse and is not responsible or liable for any information, materials, services and/or components received from such third parties and/or provided and/or presented and/or displayed. If You access a third party website from the Application and/or Service, You do so at Your own risk, and You understand that this Agreement do not apply to Your use of such sites. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage (including without limitations; for death, personal injuries and any other related damages) or loss caused or alleged to be caused by or in connection with use of or reliance on any information, services and/or materials provided by such third parties. Notwithstanding the foregoing, You hereby represent and warrant to comply with applicable third party terms of agreement when using the Application.
Governing Law and Jurisdiction
This Agreement shall be construed and governed in accordance with the laws of the State of Israel, regardless of its conflict of laws rules. The competent courts of Tel-Aviv-Jaffa, Israel, shall have sole and exclusive jurisdiction over any dispute under this Agreement or otherwise related to the Application and/or Services.
This Agreement represents the complete agreement concerning the license granted herein and the subject matter hereof and may be amended only by a written agreement executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of either party to enforce at any time any of the provisions of this Agreement will in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of either party to enforce each such provision thereafter. The express waiver by either party of any provision of this Terms will not constitute a waiver of any future obligation to comply with such provision. You may not transfer or assign this Terms and the rights hereunder without the prior written consent of the Company.
This 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.
If You have any questions or comments, please write to the following address: [email protected]