Last modified by November 12, 2020
1. Introduction
Sync.ME Technologies Ltd. (the “Company”, “Sync.ME”, “our”, “us” or “we”) is
a multi-platform social application and global phonebook network, which
allows you (“you”, “user” or “users”) to synchronize the information in your
contact list with your contacts’ social networks’ profiles, identify callers or
perform numeric search (“Caller ID”), perform manual name search and
participate in a collaborative mobile community, where you can share your
information and your contacts’ information with other users.
This Terms of Use (the “Agreement”) governs your use of or access to our
mobile application (“App”) and our website, available
at: https://sync.me/ (“Website” and collectively with the App, the “Service”).
Please read this Agreement carefully before accessing and/or using any part of
the Service.
By installing, accessing or otherwise using the Service, to the maximum extent
permitted by law, you acknowledge that you consent to be legally bound by
the terms of this Agreement. If you do not agree to any of the terms of this
Agreement, you may not access or use the Service or any part thereof. If
certain features of our Service are subject to additional terms, provisions or
guidelines, they are (or will be) incorporated herein by reference.
By installing, accessing or otherwise using the App, you will be asked to give
the App access to your contacts and all the related information therein for
synchronization with your phonebook directory.
You hereby waive any applicable rights to require an original (non-electronic)
signature or delivery or retention of non-electronic records, to the extent not
prohibited under applicable law.
Notwithstanding anything to the contrary, to the extent that consumer
protection or local laws or regulations grant you mandatory or statutory rights,
this Agreement shall only limit such rights to the maximum extent permitted
by such laws or regulations.
2. Grant of License
Subject to your full compliance with all of the terms of this Agreement, we
hereby grant you permission to visit and use the Website and, if you choose to
download the App, a limited, personal, non-commercial, non-exclusive,
revocable, non-sub-licensable, non-transferable, non-assignable, license to
download, access and use the Service on a device you own or control, for the
sole purpose of your personal use of the Service in connection with terms
provided herein and any applicable Usage Rules (defined below).
We are entitled, without any liability, to refuse, restrict, limit, suspend and/or
interfere or interrupt the Service or any part thereof, without any notice to you
for the repair, improvement, and/or upgrade of the Service or for any of the
reasons for termination as mentioned below.
3. Limitation on Use
The Service may only be used with platforms and by owners of profiles on
social networks or platforms approved by the Company (“Approved
Platforms”). To the maximum extent permitted by law, you hereby warrant
that you have all necessary and sufficient right to share information regarding
your Approved Platform profile and account with the Service and other users
of its community.
You hereby warrant that you will not, and shall not permit any third party to:
• Impersonate any person or entity or otherwise misrepresents affiliation,
connection or association with any person or entity, or use any
fraudulent, misleading or inaccurate contact information;
• Make any copies of, modify, adapt, disassemble, decrypt, attempt to
derive the source code of, translate, decompile, improve, create
derivative works of, distribute or otherwise transfer, rent, lease, loan,
resell, sublicense or reverse engineer our Service or any part thereof;
• Remove, circumvent, disable, damage or otherwise interfere with any
features of the Service, or attempt to gain unauthorized access to any
portion of the Service through any means, or interfere with, corrupt, or
disrupt the operation or performance of the Service or the ability of any
other person to use the Service, including, without limitation,
transmitting content through the Service that contain any viruses,
worms, Trojan horses, or other destructive items or harmful codes, or
placing excessive load on the servers, or attempting to degrade the
performance of the networks or servers connected to the Service or any
part thereof in any way;
• Circumvent, disable or otherwise interfere with security-related features
of the Service or any part thereof or features that prevent or restrict use
or copying of any Materials (as defined below) or that enforce
limitations on use of the Service or any part thereof;
• Make the App available over a network where it could be used by
multiple devices owned or operated by different people at the same
time;
• Violate other users’ or third parties’ rights to privacy, publicity and other
rights, or harvest, scrap, data aggregate, data mine, screen scrap, index
or collect data and information about other Users or third parties
without their consent, whether manually, or automatically with the use
of any means, including without limitation Bots, Crawlers, Spiders,
Robots, Sifters and Load Testers, without the express written consent of
the Company, or engage in testing, pen-testing, sniffing or monitoring of
the Service, its systems, software or hardware in any way;
• Remove, alter or obscure any proprietary notice or identification,
including copyright, trademark, patent or other notices, contained in or
displayed on or via the App;
• Use the Service in connection with any advertisements, solicitations,
chain letters, pyramid schemes, spamming or any other commercial
communication;
• Use the Service in connection with material which a reasonable person
could deem to be: stalking, offensive, inaccurate, incomplete, abusive,
obscene, objectionable, defamatory, libelous, fraudulent or deceptive,
indecent, pornographic, profane, threatening, advocating harassment or
intimidation, distressing, vulgar, hateful, malicious, harmful for minors,
racially or ethnically offensive, advocating racism, bigotry, hatred or
physical harm of any kind against any group or individual, or disparaging
the religious, political, or legal agenda of any person or entity;
• Use the Sync.ME name, logo or trademarks without our prior written
consent;
• Use the Service in connection with material which promotes illegal
activities, or the violation of any local, state, national, or international
law or regulation, including, without limitation, laws governing
intellectual property and other proprietary rights (including, but not
limited to, patents, trademarks, trade secrets, copyrights, or any
confidential, proprietary or trade secret information of any third party),
information protection and privacy, including, but not limited to, content
which disseminates another person’s personal information without his
or her permission; and/or
• use any part of the Service to violate any applicable laws, rules or
regulations, or for any unlawful, harmful, irresponsible, or inappropriate
purpose, or in any manner that breaches this Agreement.
4. Account. In order to use some of the App features you may have to create
or use an account (“Account”). If you create an Account, you must provide
accurate and complete information in connection with your Account. You are
solely responsible for the activity that occurs in your Account, and you must
keep your Account password secure. You must notify us immediately of any
breach of security or unauthorized use of your Account. As between you and
the Company, you are solely responsible and liable for the activity that occurs
in connection with your Account.
5. Special Features
The App may provide additional and special features, including, without
limitation the following ones. For avoidance of doubt, the Company is not
liable in case of discontinue of any specific feature.
• Caller ID: The “Caller ID” feature allows you to associate a name with a
phone number, whether automatically in an incoming call or manually
by a numeric search.
• Name Tag: You may tag a name to a phone number using our “Name
Tag” feature. When a sufficient number of users indicated that the
phone number is associated with the same name, the name and phone
number will be included in our directory.
• Call Block: You may also report a phone number as SPAM in our
directory and block future attempts to contact you from that phone
number using our “Call Block” feature. If you decide to block a phone
number, the caller will be directed to your voicemail when attempting to
contact you. You may also report any number to our SPAM public
directory. When a sufficient number of users report a phone number as
SPAM, it will be listed in our searchable public directory, which will be
periodically updated. You may always withdraw your SPAM report or
block request.
• Sync.ME Search: To access or use our “Sync.ME Search” feature you will
be required to provide your contacts’ names, phone numbers and email
addresses for the Service’s phonebook directory; this will enhance the
performance of the Service and allow you to perform numeric search or
identify incoming calls against a searchable phonebook directory, which
contains the contacts’ information from our users who permitted the
aggregation of this information. If you chose to activate the “Sync.ME
Search” feature, you will be asked to explicitly warrant that you have all
necessary permissions to share your contacts’ information, and that you
have no knowledge of any objection, on the behalf of any of your
respected contacts, to include their names and phone numbers in the
phonebook directory, which is available for other registered users.
Please be sure not to share any other person’s details without his or her
prior consent, and that the information you share through our Sync.ME
feature is accurate and up-to-date. For security reasons, we will also
filter out numbers of your phonebook which do not seem to correlate to
an actual person. You may at any time opt-out of this feature by
deactivating it, in which case we will de-list your contacts (unless their
details were provided by other sources).
Name Search: Our “Name Search” feature will allow you to request a
phone number at a manual name search; the request will only be
accommodated it the searched person has made his phone number
available for search via the Service, or where his phone number is
available on a publicly accessible directory. If that is not the case, the
request will be forwarded (by SMS) to the searched person (if
permissible), who may choose whether to share with you his number at
his or her own discretion, block future requests from you or opt-out of
this feature altogether. Your profile information will be visible to that
person. Any person may opt-out of this feature, free of charge, by
contacting us at: support@sync.me. In any case, no person will receive
more than two requests a week. You hereby consent that you may
receive such requests, in accordance with the terms stipulated herein.
• Social Network Sync: Certain features of the App allow you to
synchronize your profile information and your contacts’ information
with the information contained on your social networks and platforms
(Facebook, Google+, VK, LinkedIn, etc.), including information made
available by your contacts or friends on such social networks (e.g.
birthdays, photos, status, etc.). These features will enhance the
performance of our Service and allow you to better integrate and
harmonize our Service with your updated profile information and
information concerning your friends. The Company will abide by the
terms and conditions of the social networks and platforms in which you
and any relevant contact are registered with a profile, with respect to
retrieving accessible information from such networks or platforms (for
synchronization or for other purposes), and will follow any
configuration, security, privacy or other applicable restrictions of such
platforms.
6. Eligibility. You may use the Services only if you are at least sixteen (16) years
old. If you are under the age of eighteen (18) or under the legal age to form a
binding contract in the jurisdiction in which you are located, you may only use
the Services under the supervision of a parent or legal guardian who has
agreed to stand behind any action you take and/or agreement you enter into
while using the Services, including this Agreement. We reserve the right to
require you at any stage to provide proof of age, and, if applicable, approval of
your use of the Services by your parent or legal guardian, so that we can verify
that only eligible users are using the Services. In the event that it comes to our
knowledge that a person under the age of sixteen (16) is using the Services, we
may prohibit and block such user from using the Services.
7. User Submissions
•
7.1. The Company will allow you to submit and upload information into the
Service directly, either as your profile information (e.g. full name, phone
number, email address, age, etc.), or as notes (“User Submissions”). You shall
be solely responsible for your User Submissions and the consequences of
submitting or uploading them.
7.2. Your User Submissions will be sent and published to anyone who has your
phone number and your name listed in the contact list of their mobile device.
You represent and warrant that you own all the rights, titles and interests
required for you, including obtaining the necessary consents and permissions
and displaying all required notices, to use your User Submission in the manner
contemplated herein. You further authorize us to use all Intellectual Property
Rights (as defined below) in and to your User Submissions, and to enable
inclusion and use thereof as contemplated in this Agreement. For purposes
hereof, “Intellectual Property Rights” means any and all rights, titles and
interests, whether foreign or domestic, in and to any and all trade secrets,
patents, copyrights, service marks, trademarks, know-how, or similar
intellectual property rights, as well as any and all moral rights, rights of privacy,
publicity and similar rights of any type under the laws or regulations of any
governmental, regulatory, or judicial authority, foreign or domestic.
7.3. You retain all of your ownership rights in and to your User Submissions.
You hereby grant the Company a worldwide, non-revocable, royalty-free,
perpetual, sub-licensable and transferable license to use, reproduce,
distribute, prepare derivative works of and display your User Submissions in
connection with the Service, including, without limitation, for providing,
administering and improving the Service, and the Company’s business, to the
extent permitted by law, and without the need for any further compensation,
approval or consent.
7.4. You agree that you will not send, submit or transmit a User Submission
that: (i) creates a risk to a person’s safety or health, creates a risk to public
safety or health, compromises national security, or interferes with an
investigation by law enforcement; (ii) is unlawful, harassing, hateful, offensive
or encourages conduct that would be considered a criminal offense, gives rise
to civil liability, violates any law, or is otherwise dishonest, inaccurate,
inappropriate, malicious or fraudulent; (iii) contains the contact information or
any personally identifiable information of any third party unless you have first
obtained the express consent of said third party to include their contact
information or personally identifiable information; and/or (x) breaches this
Agreement.
7.5. You understand and acknowledge that when accessing and using the
Service: (i) you will be exposed to User Submissions from a variety of sources,
and that we are not responsible for the accuracy, usefulness, safety, or
Intellectual Property Rights of, or relating to, such User Submissions; and (ii)
you may be exposed to User Submissions that are inaccurate, offensive,
indecent, or objectionable. You agree to waive, and hereby do waive, any legal
or equitable rights or remedies you may have against us with respect to (i) and
(ii) in this paragraph.
8. Proprietary Rights. The Company retains all rights, titles and ownerships in
and of the Service or any part thereof, including without limitation, the design
and layout of the Service, all contents, text, documents, articles, brochures,
descriptions, products, software, graphics, photos, sounds, videos, interactive
features, copyrights, patents, trademarks, service marks and logos, database,
registered or not contained in the Service, excluding User Submissions (the
“Materials”). You may not use, sell, copy, modify, transfer (by sale, resale,
license, sublicense, download or otherwise), reproduce, distribute,
redistribute, license, publicly perform or display, publish, edit, create derivative
works from, the Materials, except as expressly authorized herein, without the
Company's prior explicit written consent. You are granted only a limited and
revocable right to use the Service, subject to the terms of this Agreement, and
for personal use only, and under no circumstances are you acquired any right,
interest or title to any part of the Materials. “Sync.ME” and the Sync.ME logo,
and other marks are mark of the Company or its affiliates. All other
trademarks, service marks, and logos used in the Service are the trademarks,
service marks, or logos of their respective owners. We reserve all rights not
expressly granted in and to the Service and Materials. Materials are provided
to you for your information and personal use only. If you download or print a
copy of the Materials you must retain all copyright and other proprietary
notices contained therein.
9. Third Party Services
This Agreement applies only to your use of the Service. The Company has not
reviewed, has no control over, nor does it endorse, screen, promote or
otherwise assume any responsibility for the content of third party websites or
applications ("Third Party Services"), or to the information, advertisements,
services, practices or other material contained on, or accessible through Third
Party Services, including without limitation third party websites to which
hyperlinks are contained in the Service.
By using the Service you hereby agree that the Company shall not be
responsible for any damage, claim or liability in connection with your use of
any third party sites, including without limitation third party sites to which you
have arrived via the Service. Accordingly, we strongly encourage you to
become familiar with the terms of use, privacy policies and practices of any
such Third Party Services. The use of Third Party Services is at your sole risk.
10. Privacy Policy
To demonstrate our commitment to your privacy, we designed our Privacy
Policy, available at: www.sync.me/privacy (“Privacy Policy”). We encourage
you to read the Privacy Policy before accessing or using our Service.
11. Confidentiality. You may have access to certain non-public or proprietary
information and materials of the Company, whether in tangible or intangible
form ("Confidential Information"). You shall take commercially reasonable
measures to protect the Company’s Confidential Information within your
possession or control, from misuse or disclosure to a third party. You shall use
the Company’s Confidential Information solely for the purposes of performing
under this Agreement. In the event that you are required to disclose
Confidential Information of the Company pursuant to any Law, regulation, or
governmental or judicial order, you will (a) promptly notify the Company in
writing of such Law, regulation or order, (b) reasonably cooperate with the
Company in opposing such disclosure, (c) only disclose to the extent required
by such Law, regulation or order (as the case may be).
12. Export laws. You agree to comply with all applicable export laws and
regulations to ensure that neither the Services nor any technical data related
thereto are exported or re-exported directly or indirectly in violation of, or
used for any purposes prohibited by, such laws and regulations.
13. Changes to the Materials. To the maximum extent permitted by law, the
Company reserves the right to modify, correct, amend, enhance, improve,
decide to provide for free or for fee, make any other changes to, impose limits
on certain features, or discontinue, temporarily or permanently, the Materials
(or any part or functionality thereof) without notice, at any time, including
based on the territory you are located in, your operating system or any other
operational, technical or other reasons at its discretion. In addition, you hereby
acknowledge that the functionalities included in the App may be changed,
extended or reduced in terms of content and form or removed at any time
without any notice to you. You agree that Company shall not be liable to you
or to any third party for any modification, suspension, or discontinuance of the
Service (or any part or functionality thereof).
14. LIMITATED WARRANTIES
14.1. YOU HEREBY EXPRESSLY AGREE, THAT TO THE FULLEST EXTENT NOT
PROHIBITED BY THE APPLICABLE LAW, THAT:
THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" BASIS, AND
THAT YOUR USE OF THE SERVICE OR OF ANY INFORMATION PROVIDED OR
OTHERWISE DISSEMINATED IN CONNECTION WITH THE SERVICE IS AT YOUR
SOLE RISK.
THE COMPANY MAKES NO WARRANTY OR REPRESENTATIONS, WHETHER
EXPRESS OR IMPLIED IN CONNECTION WITH THE SERVICE AND YOUR USE OF
THE SERVICE OR ANY INFORMATION PROVIDED OR OTHERWISE
DISSEMINATED IN CONNECTION WITH THE SERVICE (INCLUDING, USER
SUBMISSIONS), AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY,
COMPLETENESS, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE
OR FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU WILL BE SOLELY
RESPONSIBLE FOR YOUR USE OF THE SERVICE, INCLUDING, THE DATA SHARED
WITH THE COMPANY AND ANY DAMAGES TO YOUR DEVICES, INCLUDING
WITHOUT LIMITATION LOSS OR EXPOSURE OF DATA, AND YOU WILL BE SOLELY
RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS OR
REGULATIONS.
THE COMPANY DOES NOT GUARANTEE THAT THE SERVICE WILL BE FREE OF
BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SERVICE MAY
OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING,
OR OTHER REASONS. YOU AGREE THAT THE COMPANY WILL NOT BE HELD
RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT
MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW
CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER
SERVERS.
WE DO NOT WARRANT THAT THE MATERILS AVAILABLE ON THE SERVICE ARE
ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. YOUR USE OF
THE MATERIALS, OR ANY PART THEREOF, IS MADE SOLELY AT YOUR OWN RISK
AND RESPONSIBILITY.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR RESPONSIBLE
FOR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ADVERTISERS,
OTHER USERS OF THE SERVICE AND PARTIES WHO OFFER SERVICES THROUGH
THE SERVICE. THE COMPANY DOES NOT WARRANT, ENDORSE AND WILL NOT
BE LIABLE TO ANY DAMAGE OR CLAIM FOR ANY USER SUBMISSIONS,
INCLUDING WITHOUT LIMITATION, ITS ACCURACY, ENGAGEMENT WITH
COMMERCIAL ACTIVITY OR SPAM. THE COMPANY SHALL NOT BE RESPONSIBLE
FOR THE CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR
NEGLIGENT CONDUCT) OF ANY SERVICE USER AND THAT THE RISK OF HARM
OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION
WITH ANY SERVICE USER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH
ANY OTHER SERVICE USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY
CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A
DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR
ANY SUCH DISPUTE.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMNT, THE COMPANY MAKESS
NO REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE
SERVICE OR MATERIALS.
15. Indemnification. To the maximum extent permitted by law, you agree to
indemnify, defend, and hold the Company (and its affiliated companies,
contractors, employees, agents, and suppliers and partners) harmless from any
and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and
any other liabilities, including, without limitation, attorneys’ fees, arising out of
or related in any manner to your violation of this Agreement and your use or
misuse of the Service, including, without limitation, your access to or use of the
Service, any breach or alleged violation of the rights of any other person or
entity by you, including, without limitation, any intellectual property right,
publicity, confidentiality, property or privacy right and any breach or alleged
violation by of this Agreement. Without derogating from or excusing your
obligations under this section, we reserve the right (at your own expense), but
are not under any obligation, to assume the exclusive defense and control of
any matter which is subject to an indemnification by you if you choose not to
defend or settle it. You agree not to settle any matter subject to an
indemnification by you without first obtaining our express approval.
16. LIMITATION ON LIABILITY
YOU HEREBY EXPRESSLY AGREE, THAT TO THE FULLEST EXTENT NOT
PROHIBITED BY THE APPLICABLE LAW, THAT THE COMPANY SHALL NOT BE
LIABLE, IN ANY EVENT, FOR:
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED
TO, CONTRACT, TORT (INCLUDING NEGLIGENCE), DAMAGES, OR FOR LOSS OF
DATA, PROFITS AND GOODWILL, ARISING OUT OF THE USE, MISUSE OR
INABILITY TO USE THE SERVICE, OR BY ANY FORM OF MALWARE, WHETHER OR
NOT THE COMPANY WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES;
IN ANY EVENT, THE COMAPNY’S TOTAL AGGREGATE LIABILITY FOR ALL
DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS
AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE
SERVICE, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF
ANY, ACTUALLY PAID BY YOU TO THE COMPANY FOR USING THE SERVICES
WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO
LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE
EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
OR JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE
EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE
COMPANY’S CHOICE OF LAW PROVISION SET FORTH BELOW.
Failure to assert, at any time, any right, or require performance in regard to
this Agreement by or on behalf of the Company shall not constitute
concession, yield, waiver or relinquishment of any sort, and shall not limit the
Company's rights with respect to such breach or any subsequent breaches. A
waiver of any breach of any provision of this Agreement shall not be construed
as a continuing waiver of other breaches of the same or other provisions of this
Agreement.
17. Apple (additional provisions)
If you download the App 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:
• (i) You acknowledge and agree that:
a. this Agreement is concluded between the Company and you only,
and not with Apple, and the Company and its licensors, and not
Apple, is solely responsible for the App and the content thereof.
b. your use of the App 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.
c. the License granted herein is limited to a non-transferable right to
use the App on an Apple iPhone, iPod Touch, iPad, or other Applebranded product that you own or control and that runs the iOS;
d. the Company is solely responsible for providing any maintenance
and support services with respect to the App, 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 App;
e. the Company 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 App 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 App to you. To the maximum extent permitted by
applicable law, Apple will have 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 be the Company's sole
responsibility;
f. the Company, and not Apple, is responsible for addressing any
product claims you, or any third party, may have relating to the
App or your possession and/or use of the App, including, but not
limited to: (a) product liability claims; (b) any claim that the App
fails to conform to any applicable legal or regulatory requirement;
and (c) claims arising under consumer protection or similar
legislation;
g. in the event of any third party claim that the App or your
possession and use of the App 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;
h. 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.
• (ii) 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
• (iii) If you have any questions, complaints, or claims regarding the
Service, please contact the Company at:
Email: support@sync.me
• (iv) 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).
18. Termination
The Company reserves the right (but has no obligation), at its sole discretion
and without prior notice to:
• Terminate your account or your access to the Service, where it
determined that you have breached any of the terms of this Agreement.
• Monitor or review any content submitted by you in connection with the
Service, reject any content submitted or remove any content from the
Service, or refuse your requests in connection with the Service.
You may rectify or remove any personal information related to you from the
Service at any time, by contacting us at: support@sync.me or here: Don’t want
to share your number on Sync.ME?. You may terminate your account at our
Service at any time by uninstalling the Service and ceasing to use the Service.
The following Sections shall survive termination: Section 7 (User Submissions),
Section 8 (Proprietary Rights), Section 10 (Privacy Policy), Section 11
(Confidentiality), Section 15 (Indemnification), Section 16 (Limitation on
liability), Section 18 (Termination), Section 20 (Governing Law and Jurisdiction),
and Section 21 (Assignment of Rights, Severability and Waiver).
19. Updates and Upgrades. We may from time to time provide updates or
upgrades to the Service (each a “Revision”), but are not under any obligation
to do so. Such Revisions will be supplied according to our then-current policies,
which may include automatic updating or upgrading without any additional
notice to you. You consent to any such automatic updating or upgrading of the
Service. All references herein to the Service shall include Revisions. This
Agreement shall govern any Revisions that replace or supplement the original
Service, unless the Revision is accompanied by a separate license agreement
which will govern the Revision
20. Governing Law and Jurisdiction. This Agreement constitutes the entire
agreement between you and the Company and replace all previous
agreements under this title. There are no verbal subsidiary agreements.
Notwithstanding anything to the contrary and to the fullest extent permissible
by law, this Agreement, shall be governed by the laws of the State of Israel
without regard to its conflict of laws rules. You and the Company hereby agree
to submit to the personal and exclusive jurisdiction of the courts located in Tel
Aviv, Israel, to resolve any legal matter arising from the Agreement.
Notwithstanding the foregoing, the Company may seek injunctive relief in any
court worldwide of competent jurisdiction.
21. Assignment of Rights, Severability and Waiver
21.1. The Company may assign its rights according to this Agreement to any
third party at its sole discretion. You may not assign or delegate your rights
according to this Agreement, without the Company's prior written consent.
21.2. If any part of this Agreement is deemed void, unlawful, or for any reason
unenforceable or invalid, then that part shall be deemed severable from this
Agreement and shall not affect the validity and enforceability of any remaining
provisions of the Agreement.
21.3. Failure to assert, at any time, any right, or require performance in regard
to this Agreement by or on behalf of the Company shall not constitute
concession, yield, waiver or relinquishment of any sort, and shall not limit the
Company's rights with respect to such breach or any subsequent breaches. A
waiver of any breach of any provision of this Agreement shall not be construed
as a continuing waiver of other breaches of the same or other provisions of this
Agreement.
22. Entire Agreement. The terms of this Agreement and any supplemental or
incorporated documents or policies constitute the entire agreement between
the parties with respect to the subject matter hereof and supersede and
replace all prior or contemporaneous understandings or agreements, written
or oral, regarding such subject matter. This Agreement is concluded between
you and the Company only, and not with any other party.
23. Amendments to the Agreement. The Company reserves the right, at its
sole discretion, to periodically amend or revise the terms of this Agreement.
We will notify regarding material changes, and such changes will take effect
seven (7) days after such notification was provided in the Service. Your
continued use of the Service, following the amendment of the Agreement,
constitutes your acknowledgement and consent of such amendments to the
Agreement. The last revision will be reflected in the "Last modified by" heading
above. The modified Agreement will be published on the Website.