Date of Update: 01.01.2018
By clicking on “I Agree”, or by using the Platform, or any part thereof, you agree to and confirm that your approval and/or use of the Platform constitute confirmation that you have read the Agreement, have understood its content and agree to be subject to the conditions thereof. If you confirm this Agreement and/or making use of the Platform on behalf of your employer and/or any other entity, you hereby confirm and declare that you are authorized to bind the employer or other entity as aforesaid in this Agreement.
If you do not agree to the Agreement, please do not install the Application or do not use the Platform.
The Platform is designed for use by management companies, tenants’ representations (cooperative house committees), residents and owners of apartments and is used for the effective maintenance and management of residential buildings and/or various real estate properties ( the “Property”), the ordering and supply of certain services with respect to the Property from various service providers (the “Service Providers”), the making of payments and following up of payments with respect to the Property, reporting of incidents and/or damages in the Property and following up the handling of such, and other services as may be available from time to time in accordance with the classification of the user and his access permissions (collectively, the “Services”).
The provisions of this Agreement are drafted, for convenience, in the masculine gender, but they refer to both genders equally.
Please note that the Company reserves the right to amend this Agreement, at its sole discretion, and without obtaining the user’s consent. Every time you enter the Platform, you may read the Agreement in its update form. Any amendment of the Agreement shall be effective from the moment of its publication on the Platform (in its most updates form).
For any questions regarding the use of the Platform, please write to the following email: [email protected]. The Company will make commercial reasonable efforts to reply to your requests as soon as possible.
1.1. The use of the Platform and the content presented on it are subject to this Agreement. The purpose of this Agreement is to regulate the relationship between the Company and any person and/or entity and/or party or any person acting on the behalf of them, who may use the Platform (the “user” or “you”).
1.2. Use of the Platform is intended for adults only. You hereby confirms that you are at least 18 years old.
2. Registration for the Platform
2.1. The Platform allows users to use the Services, in accordance with and subject to the classification of the user and the user’s access permissions. In order to register, you will be required to provide the Company with a number of details about yourself, via the Platform. The details that you will be required to provide might change in accordance with your user classification, and might include, inter alia, your full name, address, your email address and your mobile telephone number. After entering the details, a text message will be sent to the mobile telephone number that you provided, with a password that you will be required to enter into the system for the purpose of verification.
2.3. The Company reserves the right to suspend, cancel or refuse to provide the Services that are provided to you by it on the Platform, in the event that any information that was provided is not real, updated, full or correct at the time of its delivery or thereafter, or if the Company has reasonable ground for presuming that that was the case, with or without prior notice.
3. License for Installation and Use of the Application
3.1. The Company hereby grants you, and you hereby receive, a limited, personal, non-exclusive, non-commercial, non-sublicensable license, without any right of assignment, and which may be fully revoked, to install and use the Application on a tablet, mobile telephone, laptop computer or desktop computer that is in your possession or control, all in accordance with the terms set forth in this Agreement. The Company reserves any rights in the Application which have not been expressly granted in the context of this Agreement.
3.2. The Company may, from time to time, issue updates and upgrades to the Application, and might electronically and automatically upgrade the version of the Application that you are using. You hereby consent to such automatic upgrade and updates, and you agree that the conditions of this Agreement will apply to all such upgrades and updates.
3.3. You hereby undertake not to: (i) use, alter or integrate the Application or any part thereof into any other software, nor to create derivative works from any portion of the Application; (ii) sell, grant a license (or a sub-license), lease, assign, transfer, pledge or share your rights under this Agreement with any other person; (iii) copy, distribute or duplicate the Application; (iv) disclose the results of the Application’s performances or to use such results for development or development operations of any competing software that you own; (v) alter, dismantle, do any decompiling, reverse engineering, updating or improvement of the Application or any attempt to discover the source code of the Application; (vi) remove or alter identifying marks with respect to copyright, trademarks, patents or other identifying notices that are contained within or on the Application or any copy thereof; (vii) use the name, logo or trademarks of the Company without the prior written approval of the Company; and/or (viii) make commercial use of the Application without the prior, written consent of the Company.
4. Links and References on the Platform
4.2. Without derogating from the aforesaid, the Company is not liable for any damage, whether direct or indirect, that may be caused to you or to your property as a result of use or reliance on the information and the content appearing on websites at which you might arrive via or through use or Links that appear on the Platform and/or for use of or reliance upon information and content that is published on the Platform by third parties.
5. Content Published on the Platform by Users
5.1. The Platform might enable users to upload content onto the Platform. You are not allowed to publish and/or upload the following content to the Platform: Content of a blatant sexual nature, content that is threatening, racist, slanderous, or encourages defamation, criminal or civil offenses, violates privacy rights, dangerous, may harm the feelings of the public, and content that constitutes any breach of the law; content of a commercial nature and/or content that contains any advertising information; content that contains intellectual property rights that do not belong to you, content that contains any kind of computer viruses.
5.2. The Company may refuse to publish content which it believes breaches any of the aforesaid conditions and/or which might harm the Platform and/or any third party, and it may remove and/or delete and/or allow a third party to remove or delete such content at any time.
5.3. If you find any material within the content on the Platform that purports to be improper, illegal, immoral and/or does not fall within the restrictions that are set out in Section 5.1 above, you are requested to inform us of such at [email protected].
5.4. Remember: the content that you provide and/or upload onto the Platform might be visible to other users of the Platform (in accordance with the various access permissions and classes of contents), and the Company cannot know what responses you might receive as a result of the provision of the content, who will respond and in what way. Therefore, the Company will not bear any liability for such responses to you (or to any person acting on your behalf), nor for any outcome that might occur to your or to your property as a result of such responses and/or with respect to such content.
5.5. The Company shall not be liable with respect to any content that is on the Platform or any terminal device on which such appears, the content, reliability, accuracy, credibility thereof, and their impact on the devices of users of the Platform nor any damage, inconvenience, loss, anguish, and other similar direct or indirect damages that may be caused to you, to your property or to any third party due to the use of such content.
5.6. Know that by submitting content for publication on the Platform, you grant the Company a perpetual, free license, , to display, duplicate, copy, distribute, market and make any other use whatsoever of the content, at its discretion (see more under “Intellectual Property”, below). This means that you are not entitled, and you will not be entitled in the future, to receive from the Company any payment for any content that you may submit for publication on the Platform.
6. Payment for Services
6.1. Use of the Services and the Platform by a user who is defined as a resident, owner or a building committee shall not require such user to make any payment to the Company.
6.2. A building management company and/or any person acting on its behalf (a building management company for the purposes of this section shall mean any party that manages more than one property via the Platform) shall be allowed to use the Platform for free during the first 30 days after downloading the Application (the “Trial Period”). Following the Trial Period, the continued use of the Services and the Platform shall be subject to such building management company entering into an agreement with the Company in accordance with the License Agreement and the payment for the Service, as set out in the License Agreement.
7. Payments via the Platform
8. Intellectual Property
8.1. All intellectual property rights (of any kind), including trademarks, commercial secrets and copyright, whether registered or not, on the Platform, including without limitation, in the design thereof, and in any software, application, graphic file, text, computer code, attributes, additions, audio-visual content, and any other material contained on the Platform, belong to the Company and/or to its affiliates and licensors, as the case may be. No portion of the above may be copied, distributed, duplicated, broadcast, re-transmitted, displayed, licensed, published, publicized, derived, leased, translated or transferred to any third party without obtaining the express consent of the Company or (as the case may be), of those third parties that own the rights, in advance and in writing. The Company’s name and trademarks (both registered and unregistered) are the Company’s exclusive property.
8.2. Subject to Section 5 above, all of the information and content that appears on the Platform is owned exclusively by the Company or by a third party licensors, and the information and services that are provided by it shall not be deemed to grant its users any license or right whatsoever in the intellectual property of the Company or its third parties licensors. The pages of the Platform and the information and content therein must not be copied or published and/or used in any way, including commercial use, without prior express written consent of the Company.
9. No Representations
9.1. The use of the Platform, the Services and the content contained on the Platform (including content uploaded by users) are provided “AS IS”, without any representations or warranties of any nature whatsoever, express or implied. You shall have no claims and/or demands of any kind against the Company or its affiliates, or anyone on their behalf relating to the attributes, restrictions or consequences of your use or inability to use the Platform and/or the Services and/or the content. The Company shall not be subject to any duty to provide support, maintenance, upgrades, changes or new versions of the Platform. The Company limits any express or implied liability with respect to the Platform and/or the Services and/or the content, including, inter alia, with respect to title, commerciality, suitability to any particular purpose or non-infringement. The use, therefore, of the Platform, the Services and the content shall be made at your sole risk.
9.2. You undertake that you will not have any claim, suit or demand against the Company with respect to the aforesaid in Section 9.1 above.
9.3. The Company may close the Platform and, from time to time, change the structure, appearance and the Services availability and/or the content that is offered or provided thereupon, without being required to provide a notice in advance, and you will have no claim, suit or demand against the Company in this respect.
9.4. The Company does not undertake that the Platform (including, for the avoidance of doubt, Services on the Platform) will not be interrupted, will be provided continuously without any stoppages or interferences and/or will be protected against illegal access to the Company’s computers, damages, faults, defects, bugs in hardware, software or communications lines at the Company or at any of its service providers or will be harmed for any other reason, and that the Services that are provided on the Platform will be free of viruses or other harmful components or will meet your requirements, or that any fault or defect in the Platform will be repaired; and the Company shall not be liable for any direct or indirect damages anguish, etc. that may be caused to you or to your property as a result of the aforesaid.
10. Limitation of Liability
10.1. The Company shall not be liable, in any event, or by virtue of any legal grounds whatsoever, either by virtue of a cause of action in contract, in tort or any other cause of action, against you or against any other person, for any damage or compensation, whether indirect, special, punitive or incidental, of any kind whatsoever relating to use of the Platform and/or the Services and/or the content contained therein, or the inability to use them, including, inter alia, compensation for harm to goodwill, loss of commercial revenues, crashes or problems with computers, tablets, mobile telephones and/or any other terminal device of the user, or any other commercial or personal damage or loss, even if the Company has received notice of the possibility that such damages might exist.
10.2. It is clarified that the Company is not and will not be liable in any way whatsoever for the services that are provided by the Service Providers and/or for any damage that may be caused to users as a result of provision of services by Service Providers, and that the Service Providers shall bear all liability with respect to the provision of services by them.
10.3. Without derogating from the generality of the aforesaid, in any case, the maximum aggregate liability of the Company (either in contract, tort or any other form of liability) for compensation or losses arising from or related to this Agreement, including use or the inability to use the Platform and/or the Services and/or the content contained on the Platform, shall not be greater than the total sums that the Company actually received from the user for its use of the Platform and/or the Services and/or the content contained on the Platform (if any), during the period of three (3) months immediately prior to the date on which the claim was submitted.
10.4. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. The user is aware that the Company has agreed to enter into a contract with the user on the basis of this limitation of liability and that the Company relies upon it.
12. Apple Conditions of Use
If you download the Application from the Apple, Inc. (“Apple“) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement, you acknowledge and agree that:
12.1. This Agreement is concluded between Door-Bill and you only, and not with Apple, and Door-Bill and its licensors, and not Apple, are solely responsible for the Application and the content thereof. Your use of the Application is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
12.2. The license granted herein is limited to a non-transferable right to use the Application on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS; Door-Bill is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; Door-Bill is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Door-Bill’s sole responsibility; Door-Bill, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the Application or your possession and/or use of the Application, including, but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, including in connection with the Application’s use of HealthKit and HomeKit frameworks;
12.3. In the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
12.4. Apple, and its 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.
12.5. You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
12.6. If you have any questions, complaints, or claims regarding the App, please contact Door-Bill at: [email protected].
12.7. By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
13. Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the State of Israel, without regard to its principles of conflict of laws. The exclusive jurisdiction for any matter relating to this Agreement and the Application, including with respect to the content, products and Services offered on the Platform, shall be the competent courts in the District of Tel Aviv Yafo.
14. Validity of Provisions of this Agreement
In the event that any provision of this Agreement shall be deemed unlawful or otherwise unenforceable by a court, notwithstanding the intention of the Parties, such provision shall be severed from this Agreement and all other provisions of the Agreement shall continue in full force and effect.
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