End User License Agreement and Terms & Conditions
Care@Home™ Passive Infrared Detector User Guide
35
FILMED AND/OR STORED AND OR GATHERED BY THE SYSTEM (THE “
VIDEO SEGMENTS
”) (THE “INFORMATION” AND THE “VIDEO SEGMENTS” COLLECTIVELY TOGETHER: THE “
SYSTEM
INFORMATION
”) IS STORED ON THE COMPANY'S AND/OR THE SERVICE PROVIDER SERVERS. THE SYSTEM INFORMATION INCLUDING THE VIDEO SEGMENTS IS THE SOLE PROPERTY OF THE COMPANY
AND/OR THE SERVICE PROVIDER IN ACCORDANCE WITH THE AGREEMENTS BETWEEN THE COMPANY AND THE SERVICE PROVIDER.THE COMPANY SHALL HAVE ACCESS TO ALL OF THE SYSTEM
INFORMATION AT COMPANY’S SOLE DISCRETION AND SHALL, FROM TIME TO TIME, AT THE REQUEST OF THE SERVICE PROVIDER FOR SUPPORT, MAINTENANCE, SYSTEM UPGRADES OR MODIFICATIONS
AND ALIKE, REVIEW THE VIDEO SEGMENTS. COMPANY SHALL NOT LET OTHER PARTIES (OTHER THAN THE SERVICE PROVIDER) REVIEW THE VIDEO SEGMENTS, WITHOUT YOUR OR THE MONITORED
PARTY’S PRIOR CONSENT, EXCLUDING DISCLOSURE THAT IS REQUIRED BY LAW, REGULATION OR ORDER OF A COMPETENT AUTHORITY.
f. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY CANNOT ASSURE AND TAKES NO RESPONSIBILITY FOR MEASURES TAKEN AND/OR NOT TAKEN BY YOUR SERVICE PROVIDER IN ORDER
TO PROTECT THE SYSTEM INFORMATION, AND IN NO CASE WILL THE COMPANY BE LIABLE FOR ANY DAMAGE AND/OR LOSS OF ANY KIND OR NATURE INCURRED AND/OR SUFFERED BY YOU AND/OR
THE MONITORED PARTY AND/OR BY ANY THIRD PARTY IN CASE THE SYSTEM INFORMATION GATHERED AND/OR STORED BY YOUR SERVICE PROVIDER IS EXPOSED TO THIRD PARTIES.
g. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALTHOUGH THE COMPANY WILL TAKE REASONABLE MEASURES IN ORDER TO PROTECT THE SYSTEM INFORMATION STORED ON THE COMPANY'S
SERVERS AND PREVENT PENETRATION OF THE COMPANY'S SERVERS BY THIRD PARTIES, THERE IS A POSSIBILITY THAT SOME OR ALL OF THE SYSTEM INFORMATION MAY, FOR WHATEVER REASON,
WITHOUT THE COMPANY'S AND/OR YOUR SERVICE PROVIDER'S CONSENT, BE EXPOSED TO THIRD PARTIES, IN WHICH CASE THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE AND/OR LOSS OF
ANY KIND OR NATURE INCURRED AND/OR SUFFERED BY YOU AND/OR THE MONITORED PARTY AND/OR BY ANY THIRD PARTY AS A RESULT THEREOF.
h. YOU EXPLICITLY ACKNOWLEDGE THAT THE APPLICATION: (I) ENABLES AND PROVIDES THE TRACKING AND MONITORING ITS USERS’, AS WELL AS THIRD PARTIES’ ACTIVITIES, INCLUDING WITHOUT
LIMITATION, THEIR WHEREABOUTS, DAILY ACTIVITIES AND HABITS, WHETHER BY VISUAL OR BY OTHER TYPES OF METHODS (THE “
DATA
”); (II) ENABLES AND PROVIDES THE ABILITY TO COLLECT AND
COMPILE, AND ANALYZE THE DATA; (III) MAY FACILITATE , ENABLE OR OTHERWISE ASSIST GENERATION OF FILES CONTAINING THE DATA; (IV) ENABLE AND ALLOW FURTHER USES AND ACTIVITIES FOR
WHICH YOU WERE ADVISED AND MADE AWARE OF BY THE COMPANY OR THE SERVICE PROVIDER OR BY ANY OTHER MEANS BECOME AWARE OF FROM TIME TO TIME.
i. YOU EXPLICITLY ACKNOWLEDGE THAT USE OF THE APPLICATION MAY VIOLATE OR INFRINGE UPON YOUR AND/OR THIRD PARTIES RIGHTS (INCLUDING THE MONITORED PARTY), INCLUDING
WITHOUT LIMITATION THE RIGHT FOR PRIVACY.
j. YOU EXPLICITLY ACKNOWLEDGE THAT THE APPLICATION IS NOT A MEDICAL OR LIFESAVING DEVICE, PRODUCT OR SERVICE; DOES NOT PROVIDE ANY MEDICAL, LIFE SAVING OR OTHERWISE
PREEMPTIVE MEASURE AGAINST INJURY OR OTHERWISE BODILY HARM OR DEATH; NOR ASSUME IN ANY WAY TO REPLACE OR BE IN LIEU OF ANY SUCH.
j. IN ADDITION TO AND WITHOUT DEROGATING FROM ANY AND ALL OTHER LIMITATION OF LIABILITY PROVISIONS HEREIN, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL,
INDIRECT, COLLATERAL, SPECIAL, THIRD-PARTY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND. EXCLUDED DAMAGES OR LOSSES INCLUDE, BUT ARE NOT LIMITED TO,
BODILY INJURY AND/OR DEATH, COST OF REMOVAL OR REINSTALLATION, ANCILLARY COSTS TO THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LABOR COSTS, LOSS OF GOODWILL, LOSS
OF PROFITS, LOSS OF SAVINGS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF THE APPLICATION , OR OTHERWISE ARISING OUT
OF, OR IN CONNECTION WITH, THESE TERMS AND CONDITIONS, WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
_
Article IV – SYSTEM AND SERVICE LIMITATIONS
_
a. The Application is designed to provide information regarding the Monitored Party and related and/or additional activities and as such may be provided from time to time. Company shall have no
responsibility for failure of data transmission, corruption or unauthorized access.
b. You are responsible for supplying high speed Internet access. Company does not provide Internet service; maintain Internet connection, wireless access or communication pathways, computer, smart
phone, electric current connection or supply. As long as the Service Provider makes payments to the Company for remote access for your use of the Application as well as to the System, Company will
authorize your access. Company is not responsible for your access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or any
other mode of communication used by you for the Application and the access of the System. You acknowledge that the System can be non-functional or compromised if the Internet codes or devices used
for access are lost or accessed by others and Company shall have no liability for such third party unauthorized access. Company is not responsible for the security or privacy of any wireless network system
or router. Wireless systems can be accessed by others, and it is your responsibility to secure access to the system with pass codes and lock outs.
c. The Application is designed to utilize your enabled cellular Device to access the System. The Device will work only in areas where the cellular service has coverage and Company has no control over such
coverage. Company is authorized to record and maintain audio transmissions, data and communications, and shall be the exclusive owner of such property. You are responsible for all permits and permit
fees, if any, and agree to file for and maintain any permits required by applicable law and indemnify or reimburse Company for any fines relating to permits. Should Company be required by existing or
hereafter enacted law to perform any service or furnish any material not specifically covered by this Terms and Conditions you agree to pay Company for such service or material Company does not monitor
signals and communications received by or from your enabled cellular device excluding information regarding login/ logout from the Application and all Application usage.
d. You acknowledge that signals which are transmitted over telephone lines, wire, air waves, internet, VOIP, or other modes of communication pass through communication networks wholly beyond the
control of Company and are not maintained by Company and Company shall not be responsible for any failure which prevents transmission signals from reaching your Internet enabled Device or damages
arising therefrom, or for data corruption, theft or viruses to your Internet enabled Device.
_
Article V – INDEMNITY
_
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees, representatives and agents from
and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or accruing from your use of the
Application , including your downloading, installation, or use of the Application , or your violation of the Terms and Conditions.
_
Article VI – MODIFICATION
_
The Company reserves the right to modify without prior notice the Application, and the Terms and Conditions governing its use, at any time, including but not limited to charge fees in order to access
and/or use the Application. The Company also reserves the right to terminate any or part of the Application or any use thereof at any time on its sole discretion without prior notice.
_
Article VII – LICENSE CHANGES
_
a. The Company reserves the right to update and change, from time to time, these Terms and Conditions and all documents incorporated by reference. At all times, you can find the most recent version of
the Terms & Conditions on the Company’s website or request a copy from Company’s support team. Use of the Application after such change constitutes acceptance of such changes.
b. This Terms and Conditions, and any new versions, between the Company and you, cover all your use of the Application, including, without limitation, the Application. You can accept this Terms &
Conditions by clicking on such acceptance buttons or links as may be designated by the Company. If you disagree with any of the terms below, the Company does not grant you a license to use the
Application.
_
Article VIII – MISCELLANEOUS
_
a. Your contractual relationship with your Service Provider and/or other third parties, including payment, delivery of goods or services, and any other terms, conditions, privacy policies, warranties or
representations associated with such dealings, are solely between you and such provider and/or third party. You agree that the Company will not be responsible or liable for any loss and/or damage of any
kind or nature incurred and/or suffered by you and/or any third party as a result of the presence of such provider and/or third parties on the Application.
b. These Terms and Conditions constitute the entire agreement and understanding between you and the Company relating to the Application and govern your use of the Application, and completely
replace and supersede any prior or contemporaneous agreements between you and the Company regarding the Application.
c. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to the Company.
d. The provisions of these Terms and Conditions are independent of and severable from each other. If any provision is found to be invalid or unenforceable for any reason, that provision shall be deemed
modified to the extent necessary to make it valid and operative, or if it cannot be so modified or eliminated, the remainder of these Terms and Conditions shall continue in full force and effect as if these
Terms and Conditions had been signed with the invalid portion so modified or eliminated.
e. These Terms and Conditions and your limited relationship which is only specified herein with the Company under these Terms and Conditions will be governed by the laws of the State of Israel without
regard to its conflict of laws’ provisions. You and the Company agree to submit to the exclusive jurisdiction of the courts located within the Tel-Aviv district, Israel, to resolve any legal matter arising from
these Terms and Conditions.
_
ADDENDUM A – PRIVACY POLICY
_
Company is providing this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of information we receive when you do either of the following:
All terms shall have the same meaning as defined in the Terms and Conditions to which this Addendum A is part hereof.
You visit the Company website (the “
Site
”) or the Service Provider’s website.
