©2018 by abilisense

TERMS & CONDITIONS

These Terms and Conditions are effective on February 22, 2017

By accessing or using the Abilisense website, the Abilisense service, or any applications (including mobile applications) made available by Abilisense (collectively, the "Service"), however accessed, you agree to be bound by these Terms and Conditions (“Terms”). The Service is owned or controlled by Abilisense, Ltd. ("Abilisense", “we” or “our”). These Terms and Conditions affect your legal rights and obligations. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
If you do not agree to be bound by all of these Terms and Conditions, do not access or use the Service.

LICENCE TERMS AND CONDITIONS – APPLICABLE WORLDWIDE EXCEPT WHERE WE PUBLISH SPECIFIC TERRITORIAL TERMS AND CONDITIONS.

These Terms may be accessed on our Website. Any translations of these Terms are provided as a courtesy to you and the definitive text of these Terms is the English (USA) version.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms and Conditions.

YOUR USE OF THE SERVICE              

By accessing or using the Service you agree to be bound by these Terms. If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization. You may use the Service only if you can form a binding contract with Abilisense, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

Occasionally, the Service may experience interruptions, delays or errors. This may be due to a number of reasons including maintenance that we perform on the Service, as well as reasons beyond our control. We will attempt to provide you with prior notice of any interruptions, delays or errors, but cannot guarantee that such notice will be provided. The Service may change from time to time as we evolve, refine, or add more features to the Service, often without prior notice to you. In addition, Abilisense may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice.

Minimum hardware and software requirements for use of the Service may be posted on the Website or Apps from time to time. However, we do not guarantee the access to or performance of the Website or Apps even if users meet such minimum requirements.

YOUR CONTENT

Some areas of the Service allow you to setup, record or upload information, sounds, text, graphics, personal data, location or other material (“Content” or, when posted by you, “your Content”), and to send or display your Content with others and with third-party services. AbiliSense has no responsibility for the activity how other users will use your Content.

USE OF CONTENT

All Content in or on the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Content. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. We may not monitor or control the Content posted via the Service, and we cannot take responsibility for such Content. If you use or rely on any Content via the Service or obtained by you through the Service, it is at your own risk. Under no circumstances will AbiliSense be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service. You agree that you are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that if you do not have the right to setup Content to the Service, doing so may subject you to liability. Abilisense will not be responsible or liable for any use of your Content by Abilisense in accordance with these Terms. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit including all necessary rights to setup and upload your Content for use in accordance with these terms and conditions.

ACCEPTABLE USE OF ABILISENSE

Abilisense is trusted by its users, and we trust you to use our Service responsibly. You agree not to misuse the Service.
You must not, and must not attempt to do the following things:

  • use the Service for any unlawful purposes or for promotion of illegal activities;

  • you may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined above), including but not limited to, copyright laws;

  • use any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;

  • you are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio, sounds, applications, links and other content or that you set, upload or display on or via the Service;

  • you are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Abilisense is not responsible or liable for the conduct of any user. Abilisense reserves the right, but has no obligation,
    to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when your setup or upload or display Content or any personal or other information;

  • there may be links from the Service, or from communications you receive from the Service, to third-party services or solutions. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party services or solutions, including applications that connect the Service or your profile information or your location on the Service with a third-party services or solutions. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be used on that third party's service or applications. Using this functionality typically requires you to login to your account and allow sending information to the third-party service and you do so at your own risk and responsibility. Abilisense does not control any of these third-party services or any of their content. You expressly acknowledge and agree that Abilisense is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service and such Application may interact with, connect to or gather and/or pull information from and to your Service or take actions, according to your requests. For example, the system may notify you about some type of danger and offer you to set or call some emergency services. A decision of calling for help is under your responsibility.

  • connect or use the Service to malicious content intended to damage, disrupt another user’s property or to compromise
    a user’s privacy;

  • initiate malicious notifications, as if they were provided and distributed by the Service;

  • any functionality related to the third-party services or solutions don’t guarantee immediate or needed reaction to your request or your help calling. For example, after sending SMS to an emergency services we couldn’t estimate or manage their arrival time or immediate reaction. Third-party services and actions are outside of our control. We shall not be liable, and you hereby waive any claim, cause of action, damages, demands or liability against us, arising from a failure by other services.

  • by accessing and using the Service with a mobile device, you acknowledge and agree that you may send and receive certain communications and data synchronizations from the Services including without limitation SMS, push notifications, internet, mobile emails, or other electronic communications. By accessing and using the Services via mobile devices, or by using certain mobile features including without limitation sending or receiving any Content, you may incur fees from the provider or carrier of the mobile services that you use and you shall be solely responsible for the payment of such fees;

  • if you elect to include information about your location (including location-related information provided by your Sensor (an IoT device provided by Abilisense), you acknowledge, accept and agree that (i) such information shall be made available to third-party services when you send requests for their services; and (ii) Abilisense shall not be responsible for the accuracy of such information or any use of such information by third-parties.

We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Service.

YOUR ACCOUNT

You must provide us accurate information when you create your Abilisense account. Your Abilisense account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion.
We may maintain different types of accounts for different types of users or organizations. If you connect to Abilisense with
a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. You may never use another user’s account without permission.

ACCOUNT SECURITY

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with Abilisense or a third-party service. We encourage you to use “strong” passwords that use a combination of upper- and lowercase letters, numbers, and symbols with your account. You agree not to disclose your password to any third party. Abilisense cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify Abilisense immediately by sending an email to info@abilisense.com upon becoming aware of any breach of security or unauthorized use of your account.

PRIVACY

We care about the privacy of our users. We collect, use, and share personally identifiable information and non-personally identifiable information as described in our Privacy Policy. You agree that by using the Service, you agree to the collection
of such information, and to have your personal data collected, used, and transferred to and processed in the United States and Israel.

ABILISENSE’S LICENSE TO YOU

Subject to these Terms, Abilisense gives you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, and non-exclusive license to use the Service. We reserve all rights not expressly granted in these Terms in the Service. We can terminate this license at any time for any reason or for no reason.

We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Service. We do not warrant that the Mobile Software will be compatible with your mobile device. We give you a nonexclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account on one mobile device owned or leased solely by you, for your personal use. You may not (i) modify, disassemble, decompile, or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through
the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You agree that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You agree to the automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to any upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. This license is not a sale of the Mobile Software or any copy thereof, and AbiliSense or its third-party partners or suppliers retain all right, title, and interest
in the Mobile Software (and any copy thereof). We reserve all rights not expressly granted under these Terms.

ABILISENSE PROPERTY, COPYRIGHTS AND FEEDBACK

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Abilisense and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Abilisense name or any of the Abilisense trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Abilisense, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

NO WARRANTY

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ABILISENSE AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.