FLYCOMM NETWORKS APP - TERMS AND CONDITIONS
These Terms and Conditions ("Terms and Conditions") are a legally binding agreement between you, the person or entity that will be utilizing our application (referenced below as "You" or "Your"), and Flycomm Networks Ltd. ("Flycomm" or "We" or “Us”), with respect to the use of Flycomm's application ("App") and/or other services accessible through the App.
By using the App, You accept the Terms and Conditions hereof. Flycomm reserves the right, in its sole discretion, to modify these Terms and Conditions at any time by posting the modified provisions in the App, and You shall be responsible for reviewing and becoming familiar with any such modifications. Please note that any such modifications shall become effective immediately upon posting. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT INSTALL AND\OR UTILIZE AND/OR USE THE APP AND/OR ANY OTHER SERVICE THAT WE PROVIDE.
APP & SERVICES
The Data collected by the App enables Flycomm to evaluate the performance of communication networks and to offer its clients information and analysis in relation to the performance of communication networks and/or performance of the networks in respect of different applications.
Since You are downloading the App from a third party platform, service provider or distributor, such as Apple App Store, Google Play Store, Amazon Appstore, etc. (the “Platform Provider“) Your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules“). You undertake to comply with all the applicable Platform Provider's Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between these Terms and Conditions and the terms of any applicable Usage Rules, which relates solely to the Platform Provider's representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider's Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
When You create an account on the App, You represent, warrant and covenant that the information You provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate suspension or termination of Your account on the App. You are responsible for maintaining the confidentiality of Your account and password, including, but not limited to, the restriction of access to Your device and/or account. You agree to accept responsibility for any and all activities or actions that occur under Your account. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You, without appropriate
authorization. You may not use as a username any name that is offensive, vulgar or obscene in Our sole discretion.
Your use of the App is at Your own discretion and at Your sole risk and YOU WILL BE SOLELY RESPONSIBLE OR LIABLE FOR ANY LOSS OF DATA, DAMAGE OR HARM TO ANY OF YOUR DEVICES USED TO USE OR ACCESS the App and/or SERVICE. The
App and/or Services are provided on an “AS IS” and “AS AVAILABLE” basis. The App and/or Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of any right, rule regulation or law, or any warranty arising by usage of trade, course of dealing or course of performance. Flycomm, its subsidiaries, affiliates, and its licensors do not warrant that: a) the App and/or Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the App and/or Services are free of any kind of malware, software vulnerabilities or other harmful components; or d) the results of using the App and/or Services will meet your requirements.
You hereby undertake that You will not, and will not permit or authorize third parties to use the App and/or Services in any way that: (i) is of commercial character or for any commercial purpose; (ii) is defamatory, abusive, harassing, threatening, or constitute an invasion of a right of privacy of another person, or otherwise offensive, or harms or can reasonably be expected to harm any person or entity; (iii) is illegal or encourages or advocates illegal activity; (iv) contain viruses, trojan horse, worm, or any other kind of malware or computer programs designed to interrupt, destroy, or limit the functionality of the App or any system, computer software, hardware or telecommunications equipment; (v) violate or infringing of any rights (including, without limitation, privacy right, copyright, or other intellectual property rights) of Flycomm or of any third party; or (vi) may violate or that is not in accordance with these Terms and Conditions and any applicable local, state, national or international law or regulation.
In addition, except as expressly authorized herein, You will not, and will not permit or authorize third parties to: (i) take any action intended to circumvent or disable the operation of any security feature or measure of the App and/or Services; (ii) publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available the App and/or Services, or any portion thereof, to any third party; (iii) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of the App and/or Services or any part thereof; (iv) modify, reproduce, or create derivative works from the App and/or Services or any part thereof;
(v) access or use the App and/or Services and/or Flycomm's facilities via automated means, including by crawling, scraping, caching, Bots or otherwise; or (vi) use the App and/or Services in any manner that is illegal or not authorized by these Terms and Conditions.
Flycomm reserves the right to block the download, installation, utilization of and access to the App, or to refuse the grant of its Services, at its sole discretion.
You are responsible for obtaining and maintaining any equipment, hardware, software or ancillary services required to download, utilize, access and use the App and/or Services, and for any fees charged by third parties in connection therewith, as necessary, and Flycomm have no responsibility or obligation in connection therewith.
Flycomm may change, suspend or discontinue the App and/or Services at any time, including the availability of any feature, content or database, without notice or liability.
It is hereby clarified that the App may contain links to other third parties' websites, applications or features and/or other platforms, or referrals to certain third parties’
FLYCOMM'S CONTENT AND LICENSE TO USE THE APP
Flycomm retains all right, title, and interest in and to the App (including all related intellectual property rights). Subject to these Terms and Conditions, Flycomm hereby grants You a limited, personal, non-transferable, non-exclusive, non-assignable, non-sub-licensable license to install, utilize and use the App, provided that You will not alter or modify any part of the App. Except as expressly provided herein, no other rights or licenses, expressed or implied, are granted to You by Flycomm with respect to the App, including any intellectual property right, whether registered or not.
All designs, graphics, logos, texts, audios, , photos, videos, interactive features, interfaces, software, code, scripts, trademarks, service marks, trade names, diagrams, indicators, maps, Data, geographic and/or topographic data and other content used, displayed, included, incorporated, uploaded, posted or published by Flycomm or other third parties, as part of the App, are the sole property of Flycomm and/or their licensors ("Flycomm's Content"), and subject to copyright and other intellectual property rights under applicable laws, and You may not use, download, distribute and/or copy them, in whole or in part, without the prior written permission of Flycomm. For the sake of clarity, You may not copy, reproduce, modify, publicly display, publicly perform, publish, distribute sell, license, rent, transfer, reproduce, create derivative works based on, or exploit in any way, Flycomm's Content or any part thereof.
If You believe in good faith that any material or content made available on or through the App and/or Services has been used or exploited in a manner that infringes and/or violates any of Your intellectual property rights, please send Us prompt written notice thereof via e-mail at: firstname.lastname@example.org, while specifying the exact location of the infringing material, relevant details of the nature of the infringement etc. We will examine Your notice within a reasonable time, and if we will find that the use of the material and/or content in question does indeed violates Your rights, then we will remove the relevant material and/or content from the App.
WARRANTY AND DISCLAIMER
It is clear that the Data presented on the App through the Services is made to be accurate at the time it is collected, and by its nature may vary over time, as it depends on external conditions including, but not limited to, geographic and/or topographic location, weather, network parameters and performance, network traffic type, network traffic load, etc. Without derogating from any provision stipulated within this Terms and Conditions, it should be clarified that any external use (i.e. not internal and personal use) of the Data requires Flycomm's prior written permission.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND/OR SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS SOLELY WITH YOU. THE APP AND/OR SERVICES ARE SUPPLIED "AS IS", AND WITHOUT WARRANTY OF ANY KIND. FLYCOMM DOES NOT WARRANT THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR
SPECIFIC REQUIREMENTS. FLYCOMM MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE APP AND/OR SERVICES, THE CONTENT AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE.
LIMITATION OF LIABILITY
YOU ARE THE SOLE AND EXCLUSIVE RESPONSIBLE FOR YOUR USE OF THE APP AND/OR THE DATA. YOU MAY USE THE APP AND/OR THE DATA EXCLUSIVELY IN ACCORDANCE AND FOR THE PURPOSES DESIGNATED IN THESE TERMS AND CONDITIONS.
IN NO EVENT SHALL FLYCOMM, ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS INFORMATION, OR LOSS OF USE OR OTHER PECUNIARY LOSS, IN CONNECTION WITH OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE APP AND/OR SERVICES, ANY TRANSACTION, OR YOUR USE OF OR INABILITY TO USE THE APP AND/OR SERVICES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER FLYCOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE ABOVE, IN NO CASE SHALL THE AGGREATE LIABILITY OF FLYCOMM AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE TERMS AND CONDITIONS OR ARISING OUT OF OR OTHERWISE RELTATED TO YOUR USE OF THE APP AND/OR SERVICES EXCEED ONE HUNDRED US DOLLARS.
Upon its first demand, You will indemnify and hold Flycomm, its shareholders, directors, officers and employees, harmless from any claim, liability, cost, loss, damage and expense (including reasonable legal fees) caused due to Your download, installation, utilization, access and use of the App and/or Services in violation of these Terms and Conditions or in violation or infringement of any rights (including, without limitation, privacy right, copyright, or other intellectual property rights) of any third party and applicable law.
Flycomm may terminate or suspend the App and/or Services (or any part thereof) immediately, without prior notice or liability and on its sole discretion. All the provisions of these Terms and Conditions which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability) shall remain in full force and effect following termination thereof. Termination of these Terms and Conditions shall not relieve You from any obligation arising or accruing prior to such termination or limit any liability which You otherwise may have to Flycomm.
These Terms and Conditions and its performance shall be governed exclusively by the laws of the State of Israel, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. The parties hereto submit the exclusive jurisdiction to the courts of Tel-Aviv-Jaffa.
Flycomm reserves the right to update these Terms and Conditions from time to time, with or without notice, and will post its updated Terms and Conditions on the App. Your continued use of our App and/or Services will be subject to the then-current Terms and Conditions. If any modification is unacceptable to You, You may cease using the App and/or Services. If You do not cease using the App and/or Services, You will be deemed to have accepted those modifications.
Flycomm may assign at any time any of its rights and/or obligations hereunder to any third party without Your consent.
These Terms and Conditions will also govern any future upgrades or updates or new releases provided by Flycomm in connection with the App, unless any such upgrades or updates are accompanied by a separate license, in which case the terms of that separate license will govern.
In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
The failure of Flycomm to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed by Flycomm in writing.