SKYCURE TERMS OF SERVICE
These Skycure Terms of Service (this “Agreement”) constitutes a legally binding contract between you and Skycure Ltd. a company formed under the laws of the State of Israel with an address of 30 Kalischer St., Tel Aviv, Israel, 6525724 (“Skycure,” “we,” “us,” or “our”) with respect to your use of our services, APIs, websites, or mobile applications (collectively, the “Service”). More information about the Service may be found at www.skycure.com.
It is important that you carefully read and understand the terms and conditions of this Agreement. In order to access the Service, you must first register the device you use to access the Service (“Device”) with Skycure using the validation code provided to you upon installation of the Service. BY REGISTERING YOUR DEVICE WITH SKYCURE, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER YOUR DEVICE WITH SKYCURE AND YOU WILL NOT BE ABLE TO ACCESS OR USE ANY PART OF THE SERVICE.
If you register a Device on behalf of a company, principal, or other entity, you represent that you have authority to bind such entity and its affiliates to this Agreement and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Service. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.
1. Changes to the Agreement
We reserve the right to, at any time, with or without cause:
- change the terms and conditions of this Agreement;
- change the Service, including eliminating or discontinuing any service or other feature of the Service; or
- deny or terminate your use of and/or access to the Service.
We will notify you of any material changes to the terms and conditions of this Agreement or to any service or other feature of the Service via the email address on file for your Device. You may be required to accept such changes in order to continue to use and access the Service. Continuing to use the Service after receiving notice of such changes will constitute your acceptance to such changed terms. If you do not accept such changes your use and/or access to the Service will be terminated.
2. Proprietary Rights
Skycure retains all rights, title and interest in its mobile applications and Services and any intellectual property rights related to them, including all related unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world and any goodwill associated therewith (the “Intellectual Property Rights”) in and to the Services, the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Services (the “Content”), all of Skycure proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Skycure in providing the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services.
Subject to the restrictions set forth in Section 3, 12 and 13 herein, Skycure grants you a limited, non-exclusive, non-transferable and revocable license, without right to sub-license, to access and use the Service solely on your Device. All rights not expressly granted herein are reserved by Skycure. Except as expressly set forth herein, no rights or licenses are granted to you under this Agreement, whether by implication, estoppel or otherwise.
You acknowledge that you do not acquire any ownership rights by using the Service. Trademarks, service marks, logos, and the product names displayed on the Services are the registered and unregistered trademarks of Skycure, Skycure’s licensors and suppliers, and/or third parties and no right or license is granted hereunder to use them, whether by implication, estoppel or otherwise.
Third party notices, terms and conditions pertaining to certain third party components can be found at www.skycure.com/open-source-software-disclosure and are incorporated by reference herein.
3. Acceptable Use; Restrictions
You are the only one entitled to use the Services for the Device you register with the Service. You may use the Services only as specified herein and as may be otherwise expressly permitted by Skycure. You must only use the Service in accordance with all applicable laws, including those related to data privacy, international communications and the transmission of technical or personal data. Without limiting the generality of the foregoing, you must not:
(i) sell, resell, transfer, assign, copy, distribute, market, sublicense or otherwise commercially exploit the Services or make them available to any third party in any way;
(ii) reverse engineer, decompile, or otherwise attempt to extract the source code of the software underlying the Service or any part thereof, except to the extent the foregoing restriction is prohibited by law, and in any case, without providing prior written notice to Skycure;
(iii) attempt to disrupt, degrade, impair, or violate the integrity or security of the Service or the computers, services, accounts, or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Skycure internet protocol space;
(iv) copy any ideas, features, functions or graphics of the Services or any Content;
(v) remove or tamper with any trademark, logo, copyright or other intellectual property notice appearing on or contained within the Services, whether of Skycure or any other third parties;
(vi) access the Service for purposes of monitoring or testing its availability, performance, or functionality, reverse engineering the source code or functionality of the Service, including without limitation purposely creating any security compromises, breaches or other actions that are intended to create events reportable by the System;
(vii) bypass the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
(viii) execute any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the Service’s servers or any data not intended for you;
(ix) violate any applicable law, statute, ordinance, or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
(x) use any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to Skycure than a human can reasonably produce in the same period of time by using a conventional web browser;
(xi) take any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(xii) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hide or attempt to hide your identity; or
(xiii) harvest or collect information about any Service visitors or members without their express consent;
(xiv) export illegally any controlled or restricted items, including software, algorithms, or other data that is subject to applicable export laws (including export laws of the United States and the State of Israel);
(xv) publish, transmit, distribute, or store content, material, information, or data that: (a) is illegal, obscene, defamatory, libelous, threatening, harassing, abusive, or hateful or that advocates violence or threatens the health of others; (b) is harmful to or interferes with the Service or any third party’s networks, equipment, applications, services, or websites (e.g., viruses, worms, Trojan horses, etc.); (c) infringes, dilutes, misappropriates, or otherwise violates any privacy, intellectual property, publicity, or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets, or other proprietary information (including unauthorized use of domain names); or (d) is fraudulent or contains false, deceptive, or misleading statements, claims, or representations (such as “phishing”).
4. Registration and Account
Before using the Service, you need to create an account. We reserve the right to decline to provide the Service to any person for any or no reason. If and when you register with or provide information to Skycure, you agree to provide and maintain accurate, current, and complete information (including your e-mail address). You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Service. By providing Skycure with your email address or other contact information, you consent to our use of this information to send you Service-related notices and other administrative notices, including any notices required by law.
You are solely responsible for the activity that occurs on your account. You must keep your account credentials (including username and password) secure at all times. You may not share your account with any third parties without Skycure’s prior written consent unless such third party has separately entered an agreement with Skycure permitting it to access your account. You must notify Skycure immediately of any breach or suspected breach of security or unauthorized use of your account. Skycure will not be liable for any losses caused by any unauthorized use of your account.
5. No Use by Children Under 13
You hereby affirm that you are over the age of thirteen (13), as the Service is not intended for children under 13. If you are under 13 years of age, then you may not use the Service. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
6. Warranties and Liability
THE SERVICES, APPLICATION AND THE CONTENT ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SKYCURE (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS. WITHOUT DEROGATING FROM THE AFORESAID, SKYCURE AND ITS LICENSORS MAKE NO REPRESENTATION OR GUARANTEE AS TO THE SUCCESS OF THE SERVICE IN PREVENTION OF SECURITY THREATS AND YOU ACKNOWLEDGE AND UNDERSTAND THAT NO GUARANTY OF SUCH SUCCESS MAY BE GIVEN OR SHOULD BE EXPECTED. SKYCURE DOES NOT REPRESENT OR WARRANT THAT YOUR DEVICE WILL BE COMPATIBLE WITH THE SERVICES.
THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SERVICE, OR YOUR USE OF THE SERVICE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICE, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, AND YOUR RELIANCE THEREON. SKYCURE IS UNDER NO OBLIGATION TO PROVIDE TECHNICAL SUPPORT AND PROVIDES NO ASSURANCES THAT ANY ERRORS OR DISCREPANCIES IN THE SERVICE WILL BE CORRECTED.
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER SKYCURE NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SERVICE, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. SKYCURE’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). NEITHER SKYCURE NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES, OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS, OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS, OR SUBMISSIONS PROVIDED OR POSTED ON THE SERVICE BY THIRD PARTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You (and also any third party for whom you operate an account on the Service) agree to fully indemnify, defend (at Skycure’s request), and hold Skycure, our licensors, suppliers, agents, successors, and assigns, and our and their directors, officers, employees, consultants, and other representatives (collectively, the “Skycure Parties”) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your actual or alleged breach of this Agreement; (b) any allegation that any content or other materials you submit to us or transmit to the Service infringe, misappropriate, or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Service or other websites to which the Service is linked; (d) your negligence or willful misconduct; (e) your use of the results, content, data, or information provided via the Service; (f) any service or product offered by you in connection with or related to your use of the Service; and/or (g) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities.
9. Term and Termination
This Agreement is effective from the date on which you first register a Device with Skycure and shall remain effective until terminated in accordance with its terms. Skycure may immediately terminate this Agreement, or terminate your access to the Services, in full or in part, at any time, with or without cause, without prior notice to you. Upon such termination, your applicable right to use the Services shall cease. You may discontinue your use of the Service for any reason and at any time by uninstalling any Service applications. Following termination, you will no longer be able to access the Services and we may erase all data related to your use of the Services.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part or portion thereof. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate Skycure to maintain and support the Service, or any part or portion thereof, during the term of this Agreement.
Skycure makes no representation that the Service operates (or is legally permitted to operate) in all geographic areas, or that the Service is appropriate or available for use in other locations. Accessing the Service from territories where the Service or any content or functionality of the Service or portion thereof is illegal is expressly prohibited. If you choose to access the Service, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws. The Service may be operated also from the United States. If you are located outside of the United States and choose to use the Service or provide any content to us, you acknowledge that your Content may also be transferred, processed, and stored in the United States. U.S. privacy laws may not be as protective as those in your jurisdiction. Your agreement to the terms of this Agreement followed by your submission of your content in connection with the Service represents your agreement to this practice. If you do not want your content transferred to or processed or stored in the United States, you should not use the Service.
11. Notice for California Users
Under California Civil Code Section 1789.3, California Service users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
11a. Dispute Resolution
A. Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to Skycure’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Service shall be finally settled by binding arbitration administered by JAMS in accordance with the then current provisions of its procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Skycure will pay the additional cost. You and Skycure hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Skycure is a party to the proceeding. The arbitration will be held in Santa Clara, California.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
B. Class-Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
C. Exception—Litigation of Small-Claims-Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
D. Thirty-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: firstname.lastname@example.org. The notice must be sent within 30 days of registering to use the Service; otherwise, you shall be bound to arbitrate disputes in accordance with this Agreement. If you opt out of these arbitration provisions, Skycure also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Skycure may terminate your use of the Service.
E. Time Limitation on Claims. You agree that any claim you may have arising out of or related to your relationship with Skycure and this Agreement must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
This Agreement is between you and Skycure only, and not with Apple, Inc. (“Apple”). Apple is not responsible for the Service nor your use or possession thereof. The license grant in Section 2 is conditioned on you accessing and using the service solely on an Apple device that was sold to you or that you control and in accordance with the terms and conditions of the App Store Terms of Service as of the Effective Date found here: http://www.apple.com/legal/internet-services/itunes/us/terms.html (“App Store Terms of Service”) . In case of a conflict between this Agreement and the App Store Terms of Service the terms of the App Store Terms of Service shall prevail.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
Without limiting any of Skycure’s rights herein, Apple is not responsible for addressing any claims of you or a third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) any third party claim that the Services or your possession and use of the Service infringes a third party’s intellectual property rights. Apple will not be responsible for the either the investigation, defense, settlement or discharge of any such claims.
Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
This Agreement and your relationship with Skycure shall be governed by, and construed and interpreted in accordance with, the laws of the State of California without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to Section 11a. herein, the parties irrevocably consent to bring any action to enforce this Agreement in the courts located in Santa Clara, California and you consent to the exclusive jurisdiction of the courts located in Santa Clara, California. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect, and such provision will be reformed in a manner to effectuate the original intent of the parties as closely as possible and remain enforceable. If such reformation is not possible in a manner that is enforceable, then such term will be severed from the remaining terms, and the remaining terms will remain in effect. This Agreement may not be changed, waived, or modified except by a written instrument signed by Skycure. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any employee of Skycure offers to modify this Agreement, he or she is not acting as an agent for Skycure or speaking on Skycure’s behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of Skycure or anyone else purporting to act on Skycure’s behalf. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement is between you and Skycure; there are no third-party beneficiaries. “Including”, whether capitalized or not, means “including, without limitation.” Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Skycure’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Skycure may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. You are responsible for compliance with all applicable laws and regulations, including, but not limited to, United States export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States or that has been designated by the United States as a “terrorist supporting country,” or are a foreign person or entity blocked or denied by the United States government. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. The provisions of this Agreement relating to proprietary rights, disclaimer of warranties and limitation of liability shall survive the termination or expiration of the Agreement. Except as explicitly stated otherwise, legal notices shall be served on Skycure at email@example.com (in the case of Skycure) or to the e-mail address you have designated on your account (in your case). Notice to you shall be deemed given 24 hours after the e-mail is sent.
The Service is operated by Skycure Ltd.
Effective April 3, 2016