Wisebreeze – User Agreement
The following key points of this User Agreement are brought for your convenience only. They do not substitute the full User Agreement.
- Wisebreeze. The app is owned or held under exclusive license, and operated by, [Company legal name].
- The App. Is a mobile application and a cloud server that, with the use of the accompanying AC hardware, allows user to remotely control their AC.
- Registration. In order to use our app, you must be an individual and register with a personal user account.
- Use and restrictions. Subject to these terms and the completion of your registration, you may access and use the app strictly for private, personal and noncommercial purposes. You may not use our app in any of the objectionable manners explained below.
- Intellectual property. All legal rights in our app, including all intellectual property rights, are owned or held under license by [Company legal name].
- Age restriction. You must be 13 years of age or older in order to use the App.
- Disclaimer of warranty. The App is provided for use “as is” and the AC controler is provided for use under the instructions and limitations provided in the AC controler booklet or other publications we issue.
- Limitation of liability. To the maximum extent permitted by the applicable law, we – and our licensors and anyone acting on our behalf – will not be liable for any damage or loss, arising from the use or inability to use the app and/or the AC controller.
- Indemnity. You agree to indemnify us, our partners, suppliers and licensors, in case of a third party complaint, claim, plea, or demand in connection with your breach of any provision of or representation in these Terms.
- Law & jurisdiction. Use of the app is governed by the laws of the State of Israel and subject to the exclusive jurisdiction of the competent courts in the District of Tel-Aviv-Jaffa.
… and in detail
Welcome to wisebreeze, a system comprising of a wearable sensor and a mobile application that allows users to control their AC from the convenience of their mobile device. (the “App” or “Wisebreeze”). The App is owned or held under exclusive license, and operated by, [Company legal name] (the “Company”, “we”, “us” and “our”).
Our App. wisebreeze is a mobile application that, with the use of the accompanying AC Controller (the “Controller“), enables you to control your AC unit. Through the App you can turn the AC on or off, set room names and individual room’s temperatures.
YOU ARE SOLELY RESPONSIBLE FOR THE DATA YOU SHARE, DISSEMINATE, TRANSMIT OR OTHERWISE COMMUNICATE THROUGH, OR TO THE APP, OR WHEN USING THE APP AND FOR THE CONSEQUENCES ASSOCIATED WITH DOING SO.
False information. If we believe that the Registration Information you provide is false or if we believe that you violated these Terms, we reserve the right to suspend or terminate your user account or your access to the App.
Personal Controller, Personal Account. We may, but are under no duty to, use your Registration information in order to provide you with alerts in the event that your Controller was being used by another user of the App, or in the event that you used a Controller that may not be your own Controller.
Additional Information. We reserve the right to request additional information to verify your identity during the registration process, throughout your use of the App or when you submit requests related to your user account.
Our intellectual property. All rights, title and interest in and to the App and its features, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights and any goodwill associated therewith, are owned or held under license by [Company legal name].
Restrictions. You may not, nor allow any third party to, sell, rent, lease, lend, distribute, or sublicense the App to any third party, nor make available to the public or communicate to the public, the App. You may not, nor allow any third party to: (i) modify, adapt, alter, translate, create derivative works from, copy (except for a sole copy made for internal backup purposes) or otherwise use the App; (ii) decompile, disassemble, reverse engineer, translate or convert the App, or apply any design, procedure or process to the App in order to ascertain, derive, and/or appropriate for any reason or purpose, the source code or source listings for the App or any of the content or any trade secret information or process contained in the App (except to the extent such restrictions are prohibited by law); (iii) modify or remove any copyright or other proprietary rights notices in or on the Application; or (iv) publicly display or publicly communicate the results of internal performance testing or other benchmarking or performance evaluation of the App.
You may not remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the App.You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute, or damage our goodwill.
USING THE APP
Acceptable use. You may use the App only for your private, personal and non-commercial purposes.
Prohibited use. When using the App, you must refrain from –
- Breaching these Terms or any other applicable rules and instructions that we may convey with respect to the App;
- Interfering with, burdening or disrupting the functionality of the App;
- Breaching the security of the App or publicly identifying any security vulnerabilities in it;
- Circumventing or manipulating the operation or functionality of the App, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the App;
- Sending automated or machine generated queries;
- Using robots, crawlers and similar applications to collect and compile content from the App or send data to the App including for the purposes of competing with the App, or in such ways that may impair or disrupt the App’s functionality;
- Impersonating any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity;
- Collecting, harvesting, obtaining or processing personal information regarding the App’s users, without their prior explicit consent;
- Linking to the App from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;
- Engaging in any activity that constitutes a criminal offense or gives rise to civil liability;
- Violating any applicable law, rules or regulations;
YOU MAY NOT USE THE APP FOR ANY ACTIVITY THAT IS UNLAWFUL, ILLEGAL, FRAUDULENT OR HARMFUL, OR IN CONNECTION WITH ANY UNLAWFUL, ILLEGAL, FRAUDULENT OR HARMFUL PURPOSE OR ACTIVITY, OR CONSTITUTES, OR ENCOURAGES CONDUCT THAT WOULD CONSTITUTE, A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY OR OTHERWISE VIOLATE ANY APPLICABLE LAW.
If you are under the legal age of majority in your jurisdiction (normally 18 years), then you must obtain permission from your parent or legal guardian to accept these Terms. By using the App, you declare to us that you have obtained it. If you are under the age of 13 you may not use the App in any way.
Terminating your Wisebreeze account. You may, at any time, request to terminate your App account by contacting us at [email@example.com]. Once we complete processing your request for termination, we will delete your account from our systems.
We may temporarily or permanently limit, block your access or terminate your user account, if we determine, at our sole discretion, that you breached these Terms. Upon termination of these Terms or your account, for any reason, your right to use the App is terminated and you must immediately cease using the App; and we will not be liable to you for termination of access to the App.
Operation of the App. We may at any time discontinue or terminate the operation of the App, its features, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you.
Changing the App. We may, at any time and without prior notice, change the layout, design, scope, features or availability of the App.
Changing these Terms. We may revise these Terms, in whole or in part, at any time by putting you on notice of the amended Terms. Your continued use of the App after the effective date of the amended Terms constitutes your consent to the amended Terms.
DISCLAIMER OF WARRANTY
TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE CONTROLLER’S BOOKLET OR OTHER PUBLICATIONS WE ISSUE: (A) THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND (B) WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP AND ANY USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.
WE, AND OUR STAFF, DO NOT WARRANT THAT (1) THE APP WILL BE UNINTERRUPTED, ERRORFREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE APP WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE APP FUNCTIONALITIES WILL MEET YOUR EXPECTATIONS; )4) THE RESULTS OF THE USE OF THE APP WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.
NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE APP, OR THE CONTENT SENT THROUGH THE APP, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE APP.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, INCLUDING ANY INJURY OR DEATH CAUSED BY USING THE APP OR THE SENSOR, OR OTHER NEGLIGENCE RELATED TO THE APP OR ITS USE, LOSS OF DATA, OTHER INTANGIBLE LOSSES OR ANY OTHER DAMAGE OR LOSS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH: (A) THE APP, (B) THE USE OF OR THE INABILITY TO USE THE APP, (C) MEASUREMENTS PRESENTED IN THE APP, (D) YOUR RELIANCE UPON OR THE EXPECTED OUTCOME OR BENEFITS FROM ANY INFORMATION OR MEASUREMENTS ON THE APP, (E) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE APP, (F) ANY FAULT, OR ERROR MADE BY OUR STAFF, (G) OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR INFORMATION ON THE APP.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AND AGGREGATED LIABILITY OF WISEBREEZE AND ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS, CONTRACTORS, PARTNERS, SUPPLIERS AND LICENSORS, AND ANYONE ACTING ON THEIR BEHALF, , FOR ANY AND ALL DAMAGES WHATSOEVER ARISING FROM, OR IN CONNECTION, WITH THIS AGREEMENT OR THE APP SHALL BE LIMITED TO THE GREATER OF THE FEES THAT YOU ACTUALLY PAID (IF ANY) TO WISEBREEZE DURING THE 12 MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE DAMAGE, OR FIFTY (50) US DOLLARS. NO ACTION ARISING UNDER OR RELATING TO THESE TERMS AND/OR THE APP, REGARDLESS OF ITS FORM, MAY BE BROUGHT BY YOU MORE THAN SIX (6) MONTH AFTER THE CAUSE OF ACTION HAS ACCRUED AND IN ANY EVENT NO LATER THAN THREE (3) MONTHS AFTER THE TERMINATION OF YOUR USER ACCOUNT.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE WILL BE FULLY RELEASED FROM OUR OBLIGATIONS AND LIABILITY TO YOU IF YOU HAVE BREACHED THESE TERMS, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO THE APP, OR IF THROUGH YOUR USE OF THE APP, YOU INFRINGED OR VIOLATED ANY OTHER PERSON’S RIGHTS.
To the maximum extent permitted by law, you will indemnify and hold harmless at your own expense, us, our Staff (including but not limited to our partners, suppliers and licensors) and anyone acting on our or their behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of the App, your breach of these Terms or infringement of any other person’s rights.
Your use of the App may be subject to additional third party terms and conditions that govern that application marketplace from which you downloaded the App, such as Google Play or Amazon Appstore for Android. Those other third parties may be beneficiaries of these Terms, pursuant to those marketplace’s terms. Such other third parties are not responsible for providing maintenance and support services with respect to the App.
The following terms apply if you downloaded an App from Apple’s App Store. You and us agree and acknowledge as follows:
These Terms are concluded between yourself and us, and not with Apple Inc. (“Apple”). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.
The license granted to you for the App is limited to a non-transferrable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing.
In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
You must comply with applicable third party terms of agreement when using the App (e.g. you must not be in violation of your wireless data services agreement when you use the App).
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. 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. You represent and warrant that (i) you are 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) You are not listed on any U.S. Government list of prohibited or restricted parties.
GOVERNING LAW AND JURISDICTION
Regardless of your place of residence or where you access or use the App from, these Terms and your use of the App will be governed by the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws.
The competent courts in the Tel-Aviv district in Israel will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the App and its use. You hereby expressly consent to personal jurisdiction in Israel.
Notwithstanding the foregoing, we, and our Staff (including but not limited to our partners, suppliers and licensors), may lodge a claim against you pursuant to the indemnity clause above, in any court adjudicating a third party claim against us.
Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.
Changes in ownership. Subject to applicable laws and regulations,In the event of M&A, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party in which case the assignee assumes our stead and we are irrevocably released from all performances, duties, liabilities and obligations contained herein.
Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.
Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
Force Majeure. We will not be liable to you under any circumstances for any damage or losses that you incur due to circumstances beyond our control legally referred to as Force Majeure including, but not limited to, pursuant to any action taken by any government or regulatory body, legal authority, technical delays, technological malfunction, loss of data and records or destruction of hardware.
Entire agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.
Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.
At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the App or these Terms, at: [firstname.lastname@example.org] or through our online contact form.
Effective Date: February __, 2019. [The date the user agreement were first published on the app]