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 REPORTY HOMELAND SECURITY LTD. (THE “COMPANY” OR “WE“), WITH REGARD TO YOUR USE OF THE REPORTY 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 CONFIRM THAT YOU UNDERSTOOD THE TERMS OF THIS EULA, AND CONSENT TO BE BOUND BY THE TERMS OF THIS EULA. THE COMPANY RESERVES THE RIGHT TO MAKE CHANGES IN THIS EULA, IN ITS SOLE DISCRETION BY PUBLISHING AMENDED EULA. 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.
Company hereby grants You, pursuant to the terms and subject to the conditions of this EULA, a limited, personal, non-exclusive, non-assignable, revocable, non-sublicense able 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 is 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
You acknowledge that You are over the age of 18 and have the power and authority to agree to this EULA. If You are under the age 18 and using the Application, You acknowledge that Your parents and/or Your legal guardian have agreed to the terms of this EULA on your behalf. In the event that You are under the age of 13 do not download, install or use the Application.
You hereby undertake not to use the Application in any way to: (i) Upload content and/or information which You do not have the right to upload, including without limitations content or information infringing upon third party proprietary or privacy rights. (ii) Interfere with, disrupt, limit or prevent the use of the Application. (iii) Upload content and/or information which is misleading, false or harmful to the Company. (iv) Upload information which is abusive, defamatory or threatening. (v) Harass or falsely report an incident. (vi) Commercially exploit or make business use of the Application or any information transmitted there through. (vii) Perform an action which is against the law.
You undertake to refrain from any attempt to collect information and User-generated 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 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.
User Generated Content
Any content that You wish to report to public authorities including emergency and/or municipal authorities (“Authorities“) via the Application as part of an event, including your location, live video & audio broadcasting from your Device (“User Generated Content“) shall be accompanied by Your contact details as provided upon your installation of the Application. Some features of the Application acquire phone access and make use of the Device’s camera, microphone and detailed location sent by the Device. These features cannot be provided without utilizing this technology.
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 Generate Content and that said User Generated Content is not in any breach of any applicable law and is not in breach of any right of any third party. Any User-generated Content uploaded by You shall be under Your sole and exclusive responsibility and the Company will not be responsible in any way for such User Generated Content.
You shall be fully liable for the User Generated Content uploaded and/or shared by You, 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 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 the Authorities), 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 acknowledge and agree that You must evaluate the risk in sending User Generated Content before it is uploaded and bear all risks with respect to uploading such User Generated 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 of User Generated Content. Additionally, You acknowledge that other than the User Generated Content provided by You, information provided by the Application originates from other users of the Application, and may be inaccurate, incomplete or outdated. We do not provide any warranties regarding the credibility or reliability of such information. 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 the publication of User Generated Content, and/or in connection with damages incurred or which may occur as a result of the publication of User Generated Content, as aforementioned.
The Company may, at its sole discretion, refuse to allow You to share User Generated Content with any Authority 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 Generated Content are not saved and stored. Company may also notify You that there is no need for any such User Generated Content and therefore no such User Generated Content will be uploaded.
When You upload User Generated Content via the Application, You grant the Authority with which You choose to share the User Generated Content, a perpetual, irrevocable and free of charge, perpetual license to use and save such User Generated Content, as well as Your contact details as provided by you upon your installation of the Application or at any time thereafter, and represent that You are the owner of such User Generated Content and that such User Generated Content does not belong to a third party including a captured third party and subject to the applicable law.
The Application includes the option to use the Guard feature that shares certain private information concerning You to contact persons that are listed as contacts in Your device and who have installed the Application, including notifying such contacts on your recent activity in the Application and when you are in the proximity of a location where an event was reported by other users or by authorities.
Any User Generated Content that You will choose to create during Your use of the Application will be available to users who Guard You. Any information gained during Your use of the Application, including by Guarding other users of the Application, shall be considered as User Generated Content of the user who generated such content.
Company may, at its sole discretion, refuse to allow You to Guard another user or to allow another user to Guard You. Company shall have no liability in case that a user Guarding You has disclosed any of Your User Generated Content and the sole and exclusive responsibility shall be borne by You.
If You choose to accept a request to Guard You, You hereby approve to disclose to such user, certain information concerning You, as specified in these Terms and You undertake to maintain strict confidentiality and not to disclose any information concerning any user who accepted a request from You to Guard such user to any third party and/or not to make any use of such information.
You shall have an option, at all times, to block a user from Guarding You or to stop Guarding another user.
ANY USE OF THE APPLICATION INCLUDING THE GUARD FEATURE SHALL BE AT YOUR SOLE AND EXCLUSIVE RESPONSIBILITY. THE USE OF THE APPLICATION INCLUDING THE GUARD FEATURE 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 OF APPLICATION AND THE GUARD FEATURE SUBJECT TO THE APPLICABLE LAW.
The Application includes the option to use the Live Map feature, allowing You to view all reports submitted to the Application and for others to view Your reports in real time including certain details regarding the reports, the locations from which they were made along with certain information from the public profile of users who made such reports. The information provided by the Application and in the Live Map feature is not intended to replace any information provided by or to the Authorities.
ANY USE OF THE APPLICATION INCLUDING THE LIVE MAP FEATURE SHALL BE AT YOUR SOLE AND EXCLUSIVE RESPONSIBILITY. THE USE OF THE APPLICATION INCLUDING THE LIVE MAP FEATURE IS NOT A GUARANTEE OR REPLACEMENT FOR ANY EMERGENCY SERVICE OR REPORT OF SUCH EMERGENCY TO THE AUTHORITIES AND THE COMPANY SHALL NOT BE LIABLE IN ANY EVENT FOR ANY DAMAGE CAUSED TO YOU AS A RESULT OF THE USE OF APPLICATION AND THE LIVE MAP FEATURE SUBJECT TO THE APPLICABLE LAW.
Ownership and Intellectual Property Rights
You acknowledge and confirm that the Application and 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 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.
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 and/or in any content including User Generated Content, 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.
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, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED.
COMPANY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER GENERATED CONTENT.
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. 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.
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).
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 Generated 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.
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.
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.
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 firstname.lastname@example.org or phone 03-5628599.
- What type of information we collect?
We may collect two types of data and information from our users. The first type of information is un-identified and non-identifiable information pertaining to a user, which may be made available or gathered via the User’s use of the App (“Non-personal Information”). If we combine Personal Information with Anonymous Information, the combined information will be treated as Personal Information for as long as it remains combined. Non-personal Information which is being collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information about your device (e.g. the type of browser and operating system your device uses, Location Data, Geo Coding data), in order to enhance the functionality of our Service.
The second type of information is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual (“Personal Information”). This may include User’s device persistent identifier (e.g. IMEI, MAC address, etc.), IP address, location data or any other information you voluntarily submit by your use of the App, such as email address, social network user or identification number, reports associated with your username, “home” or “work”, etc. as well as store any information you provide to us in any other way (i.e. emails, App web-site posts, customer support interactions, purchase of App services or goods, etc.).
- How may we use the information we collect?
We may use Personal Information to provide the services through the App, to improve and customize our App to your needs and to identify and authenticate your access to certain features of the App. We may also use the information to monitor and analyze trends, usage and activities in connection with our App.
Information Disclosure: We may transfer or disclose Personal Information to our subsidiaries, parent companies or service providers who are located in different jurisdictions across the world, for the purpose of: (a) storing or processing such information on our behalf or to assist us with our business operations and to provide and improve our App; (b) performing research, technical diagnostics, analytics or statistical purposes; or (c) referring reports to third party emergency agencies and authorities to handle reported events. We may disclose Personal Information, or any information you submitted via the App if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies, including investigations of potential violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our users, yourself or any third party; or (vi) for the purpose of collaborating with law enforcement agencies and/or in case we find it necessary in order to enforce intellectual property or other legal rights. We and our data partners may also obtain information from other sources and combine that with information we collect through our App to identify you on other devices or browsers.
- Information on Your Public Profile
Any information or content that you voluntarily disclose on your profile becomes available to the public, subject to by applicable privacy settings that you set. Anyone can see your public profile, including reports you make, users you Guard or Guarded by you and the profile information you give us such as your user name and picture. We may also make this public information available through certain application features. For example, users who Guard you will be notified when you submit new reports. In addition, when an incident is reported we may generate a map of such reports (i.e. the “Live Map“) detailing the reports made on such incident and the locations from which they were made along with certain information from the public profile of users who made such reports.
You may limit the information we can share from your public profile, and the users with whom we can share such information through your privacy settings, as follows:
- Access and change information in your profile page at any time, choose whether your profile page is available to search.
- Choose to manually approve each request to Guard you or be Guarded by your.
- Choose to make your profile private, which will exclude certain information from your public profile and make it accessible only to users who Guard you or are Guarded by you, for example, excluding your name and picture from reports on the Live Map.
- Close your account at any time. When you close your account, we’ll deactivate it and remove your profile. We may retain archived copies of your information as required by law or for legitimate business purposes.
In addition to the examples above, we offer other choices that you can learn more about in our Help Center.
- Use of Anonymous Information
We may store on our servers or our cloud servers, use or share Anonymous Information (i.e. information which does not enable identification of an individual user, i.e. non-Personal Information, aggregated information or Personal Information in non-human readable form; e.g. anonymous or aggregated information concerning the way our user community interacts with the Service) in any of the above circumstances, as well as for the purpose of providing and improving our services, aggregate statistics, marketing and advertising purposes and conduct business and marketing analysis, and enhance your experience with the Service.
- Third party collection of information
- For how long do we retain the information we collect?
We value your privacy and control over your Personal Information, and therefore you may, at any time, change, update or remove your Personal Information by contacting us at: email@example.com. Your email should include adequate details of your request and you may be further requested to provide additional details in order to authenticate your identity and thereby accommodate your requests. Please note that unless you instruct us otherwise we will retain the information we collect for as long as needed to provide the services offered through the App and to comply with our legal obligations, resolve disputes and enforce our agreements. We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.
We take great care in implementing and maintaining the security of the App and your information. We employ industry standard procedures and policies to ensure the safety of our users’ information, and prevent unauthorized use of any such information. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our App, and we make no warranty, express, implied or otherwise, that we will prevent such access.
We will store your Personal Information on our trusted cloud service provider who may be located in countries outside the European Union. You hereby consent to transfer of your Personal Information. The data protection and other laws of these countries may not be as comprehensive as those in the European Union − in these instances we will take steps to ensure that a similar level of protection is given to your Personal Information. If you feel that your privacy was treated not in accordance with our policy, or if any person attempted to abuse our service or acted in an inappropriate manner, please contact us directly at firstname.lastname@example.org.
- How to contact us
If you have any general questions about this Service or the information that we collect about you and how we use it, you can contact us at: email@example.com.