Terms of Use

The following key points of the Terms of Use are brought for your convenience only. These key points do not substitute the full Terms.


Welcome

Welcome to Angels, an online service (the “Service”) that allows users to search for and interact with other near-by users, for help, assistance, support, advice or equipment (“Help”). Our designated application for mobile devices, which constitutes an integral component of the Service, will be referred to as the “App”.

The Service is owned and operated by Angels Mobile Ltd. (“we”, “us” and “our”). Please carefully read the following Terms of Use (the "Terms", or the "Terms of Use"). By using or accessing the Service, or by registering as a user with the Service, you agree to be bound by the Terms. If you do not agree to the Terms, you may not use the Service.

If you are under the legal age of majority in your jurisdiction (normally 18 years), then you must obtain permission from your parent or legal guardian to accept these Terms. If you are under the age of 13 you may not use the Service in any way. By using, accessing or registering with the Service, you declare that you are 13 years of age or older. If you are between the age of 13 and 18, then you also declare that you have received your parent’s or legal guardian’s permission to use the Service and accept these Terms. We reserve the right to terminate an account, if we find that you are younger than the minimum age specified above. We may request additional information to confirm your age at any time.

The Service may use or may be provided with third party service or software (including open source software) (“Third Party Software”).

THE APP MAY CONTAIN OR RELY UPON THIRD PARTY SOFTWARE NECESSARY FOR ITS EXECUTION. THE LICENSE GRANTED TO YOU UNDER THESE TERMS DOES NOT COVER YOUR USE OF THIRD PARTY SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO AND USE OF SUCH THIRD PARTY SOFTWARE IS SEPARATELY LICENSED TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF THEIR RESPECTIVE THIRD PARTY SOFTWARE LICENSES.

About the Service

The Service is an innovative, location-based, search and interaction platform for users seeking or offering Help to near-by users. Through the Service, users may access, view and post descriptive images and text, reviews and other content regarding Help they need, and interact with other users who wish to offer relevant Help.

Please remember: the Service is NOT intended to replace any kind of emergency services or qualified, professional Help. It is merely a platform for routine day-to-day assistance. IN CASE EMERGENCY HELP IS NEEDED, CALL THE RELEVANT EMERGENCY DISPATCH CENTER.

License

Subject to these Terms, we hereby grant you a worldwide, limited, revocable, non-exclusive, personal, non-sub-licensable, non-transferable, right and license, until the termination or expiration of these Terms, to download and install the App on a mobile device owned or controlled by you, and use the Service through such App in accordance with these Terms.

The license to download and install the App, and use the Service, is granted to you free-of-charge. We may, however, at any time, start charging a fee for your download, install, or use of the Service. In such a case, we will notify you beforehand and seek your consent to those charges. If you do not consent to such fees and charges, we may block your access to the Service, delete your account, and terminate these Terms.

Registration and user account

The Service is only available to Facebook users. Use of the Service requires registration and creation of a personal account on the Service, through your Facebook account. You are prohibited from selling or transferring your account in any other way, to another user, entity or any third party.

When registering through your social network account, you are allowing us access to your basic profile information. We can only access the information that your social network (Facebook) makes available to us, according to your privacy settings on such social network.

You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account on the Service.

Account suspension and termination

In addition to any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Service, remove content that you posted on the Service and take technical and legal measures to keep you off the Service, if we believe that -

· You misused the Service or breached these Terms; or

· You performed any act or omission that violates any applicable law, rules, or regulations, or is harmful or may be harmful to us or any other third party, including other users of the Service.

Use of the Service and restrictions

Subject to the Terms, you may access, view and post images and text, reviews and other content regarding Help, on the Service (collectively, the “ Content”), and use the features provided through the Service, only for your private and personal purposes.

Use of the Service requires an online (Wi-Fi or cellular data) connection between smartphone device and the Internet. You are solely responsible for all costs and expenses of such Internet connection and data usage that may exceed your data usage plan, as specified in your subscriber plan or contract with your communication service provider (such as your cellular company). If you have data usage concerns or limitation, we recommend configuring the application to run only when WIFI is available.

You must abide by all applicable laws, regulations and rules. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf.

When using the Service, you must refrain from –

· Violating any rules, guidelines or instructions that we may convey with respect to the use of the Service;

· Breaching the security of the App or identifying any security vulnerabilities in it;

· Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;

· Sending automated or machine generated queries;

· Using robots, crawlers and similar applications to scrape, harvest, collect or compile Content from the Service;

· Posting false, inaccurate, deceptive or misleading Content;

· Displaying the Service or any part thereof in an exposed or concealed frame, or linking to Content on the Service, independently from manner on which they originally appear;

· Impersonating any person or entity, or making any false statement pertaining to your identity;

· Collecting or processing personal information of the Service's users;

· Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, mass email, spam, export control, consumer protection, unfair competition and false advertising.

You may not post, disseminate, transmit or otherwise communicate through the Service any Content (including images) which:

· May infringe rights of other parties, including patents, copyrights, trade secrets, trademarks, a person's right to privacy or right of publicity;

· May depict or identify minors, their personal details, their address or ways to contact them;

· May include software viruses, spyware or any other malicious applications;

· May encourage, support, assist, or advise in the commission of a criminal offense;

· May, through posting, publication, dissemination, or making available to the public, be prohibited by any applicable law, including court orders;

· May be threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable; or

· May include unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.

You may not access or use the Service in order to develop or create a similar or competitive product or service.

You may not use the Service to send invitations or notifications to anyone who has not expressed their consent to receive such invitations or notifications from you.

WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT, OR BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR ABUSIVELY.

Content and dealings

The Content accessible on the Service originates from users. We do not normally monitor the Content, and you may find it not compatible with your requirements, objectionable, annoying, improper, unlawful or immoral. We do, however, reserve the right to examine, approve or remove Content that you or others have posted on the Service.

We encourage you to treat the Content posted on the Service, with caution and discretion. We do not guarantee and make no representation or judgment about the accuracy, adequacy, completeness, credibility, authenticity, validity, integrity or legality of such Content, offerings, dealings, transactions and interactions made by or between users of the Service.

The inclusion of Content on or through the Service does not constitute our endorsement, sponsorship, recommendation or encouragement to communicate, provide or receive particular Help; engage in any interaction, activity, transaction or dealings with any third party (including other users); or an authorization or representation of our affiliation with other users. Any and all communications between you and other users, all engagements, Help, interactions, dealings and transactions that you make with other users of the Service, and other consequences resulting from the above, are strictly between you and the relevant user of the Service. We are not a party to those communications, interactions, dealings, engagements and transactions.

You assume full and exclusive responsibility for:

· Engaging in any communications, interaction, offerings, dealings and transactions with other users of the Service, and all consequences resulting from the above;

· Determining the kind of Help appropriate to satisfy your needs, requirements, expectations, and preferences and the applicable law; and

· Using any equipment that you may receive from a fellow user, and all consequences resulting therefrom (including damage to equipment, damage to property and body injuries);

· Determining whether insurance (covering equipment, third-party liability, body injuries or other form of insurance) is required by law, or otherwise desirable to you, and properly obtaining sufficient insurance coverage.

YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT THAT YOU UPLOAD TO AND POST ON THE SERVICE (INCLUDING ITS ACCURACY, ADEQUACY, COMPLETENESS, CREDIBILITY, AUTHENTICITY, VALIDITY, INTEGRITY AND LEGALITY)

WE DO NOT CLAIM OWNERSHIP OVER THE CONTENT (INCLUDING IMAGES), THAT YOU CREATE, UPLOAD TO OR POST ON THE SERVICE. WHEN YOU USE THE SERVICE TO DO THIS, YOU REPRESENT AND WARRANT TO US THAT:

· YOU ARE THE RIGHTFUL OWNER OF ALL RIGHTS TO SUCH CONTENT OR ARE LAWFULLY LICENSED BY ALL THE RIGHTFUL OWNERS TO UPLOAD TO AND POST SUCH CONTENT ON THE SERVICE.

· YOU ARE LAWFULLY ENTITLED TO GRANT US THE LICENSES IN AND TO SUCH CONTENT, AS CONTEMPLATED BY THESE TERMS;

· YOU LAWFULLY OBTAINED THE CONSENT OF ALL INDIVIDUALS, AND THE PARENTS OR LEGAL GUARDIANS OF ALL MINORS, DEPICTED, SHOWN OR REFERRED TO IN THE CONTENT, TO INCLUDE THEM IN THE CONTENT AND TO USE THAT CONTENT FOR THE PURPOSES AND IN THE MANNERS CONTEMPLATED BY THESE TERMS;

· CREATING THE CONTENT, UPLOADING IT TO AND POSTING IT ON THE SERVICE, DOES NOT INFRINGE ON ANY RIGHTS OF THIRD PARTIES, INCLUDING INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS AND PUBLICITY RIGHTS.

By posting or uploading Content on or to the Service, you grant us a royalty-free, worldwide, non-exclusive, sub-licenseable and transferrable, license, for as long as you have not deleted such Content from the Service, to copy, distribute, display publicly, adapt, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, sub-license, make commercial use of, process, compile, translate, sell, lend, rent, combine with or incorporate into other content, modify and create derivative works of such content, on or through the Service, and in other communication and information networks, media, platforms, applications and services. You further waive all moral rights and rights of attribution with respect to your Content.

We may, at any time, at our sole discretion and without prior notice to you, remove or modify any Content you have created, uploaded, streamed or posted on or through the Service, without any liability to you.

Privacy

We respect your privacy. Our Privacy Policy [www.topspintec.com/PrivacyPolicy], which is incorporated to these Terms by reference, explains the privacy practices on the Service.

Intellectual property

We and our licensors own all rights, title and interest in and to the Service, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith.

Unless as expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Service, any part thereof or any the Content on or of the Service (except for your own Content), either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means.

You may not adapt or otherwise use, including in any Internet domain name, any name, mark or logo that is similar to our marks and logos. You must refrain from any action or omission which may dilute, or tarnish our goodwill.

Requests to remove Content from the Service

Any requests to remove Content from the Service that purportedly infringes or violates third party rights, such as copyright, privacy or publicity must be made in accordance with our Content Takedown Policy: [www.topspintec.com/TakeDownPolicy], which is incorporated to these Terms by reference.

Changes in the Service; discontinuation

We may, but are not obligated to, maintain the Service with periodic releases of bug fixes, code updates or upgrades. We will determine, in our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), for any of these releases or the lack thereof.

You grant us your express consent to remotely send and automatically install on your smartphone device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the App, which, among other things, may change the App's settings, layout, design or display.

We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service or the Content.

Such changes, by their nature, may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.

We may, at any time, at our sole discretion, discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. We may also suspend the provision of the Service, in whole, or in part, for all users, or for certain users, for periodic maintenance or similar purposes, without any liability to you.

Service support, availability and quality

We may, but are not obligated to, offer technical support in connection with your use of the Service, in the format, frequency, scope and scheme that we, at our sole discretion, determine from time to time. You will have no plea, claim or demand against us or our Staff in any matter related to our provision of technical support, or for the lack thereof.

The availability, quality and functionality of the Service depends on various factors, including software, hardware, communication networks and quality of cellular network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free. WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.

Changes to the Terms

From time to time, we may change the Terms, by providing you advance notice of such changes. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. In case of a legal requirement, we may also introduce immediate changes to the Terms and require that you accept them. In any event, if you do not consent to the amended Terms, we may terminate these Terms and your account and block your access to, and use of, the Service. The latest version of the Terms will always be accessible through the App.

DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE APP AND THE CONTENT, ANY THIRD PARTY SOFTWARE, ANY HELP OFFERED OR PROVIDED, PRICES AND FEES SOUGHT IN EXCHANGE FOR HELP, THE SKILLS, QUALIFICATIONS OR CREDENTIALS OF USERS OFFERING HELP. WE AND OUR STAFF DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RELIABILITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS YOU MAKE WITH THE SERVICE AND THE CONTENT.

LIMITATION OF LIABILITY

WE, INCLUDING ITS STAFF, SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE SERVICE, THE CONTENT, THE HELP, THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR THE HELP OFFERED THROUGH THE APP, OR FROM ANY HELP RECEIVED, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY RELIANCE MADE BY YOU ON THIRD PARTY SOFTWARE, OR FROM ANY INJURIES OR DAMAGES SUSTAINED IN CONNECTION WITH THE HELP, OR IN CONNECTION WITH USERS THAT OFFER HELP THROUGH THE APP, OR FROM YOUR RELIANCE UPON ANY CONTENT POSTED ON THE APP, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON THE SERVICE, OR FROM ANY COMMUNICATION OR INTERACTIONS WITH THE SERVICE, OR FROM ANY COMMUNICATION, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE.

Application Marketplace

Your use of the App or Service may be subject to additional terms and conditions that govern the use of the App or the Service through your smartphone device, such as the terms governing the use of Android devices, and the terms provided by Google Play regarding installation or use of any App. You bear the sole and exclusive responsibility for complying with any terms and conditions that may additionally apply.

Links and Commercial Information in the Service

We may incorporate ads and/or information of commercial nature in the Service. In addition, content you view through the Service may contain various forms of ads or commercial information or content. Such ads and commercial content originate from third parties, and we cannot guarantee their reliability or accuracy. The inclusion of such ads and commercial content in or through the Service does not constitute our recommendation or encouragement to procure the goods or services advertised. We assume no responsibility or liability for any goods or services advertised or marketed though the Service, as well as with regard to any data provided regarding them, including their availability.

The Service may contain links to content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.

Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of the Service, your breach of the Terms, any other terms, rules or regulations applicable to the Service, your violation, or infringement of any other person’s rights, or your activities, Content and communications on or through the Service.

Termination of these Terms

You may, at any time terminate these Terms by doing all the following:

· Completely removing the App from all smartphone devices in your possession or control; and

We may terminate these Terms and your license to use the Service, at any time by issuing you a notice of such termination, blocking your access to and use of the Service, or in any other manner contemplated by these Terms. Upon termination by The Service you must discontinue any and all use of the Service and uninstall the App from all smartphone devices in your possession or control.

Consequences of termination

Neither the termination of these Terms nor your removal of the App from your smartphone devices will delete your account on the Service or remove the Content that you have previously uploaded to or posted on the Service, or that you have posted on Facebook through the Service. See our privacy policy for details regarding retention and deletion of your personal information.

The following sections shall survive any termination, or expiration of the Terms: Content and dealings, Privacy, Intellectual Property, Requests to remove Content from the Service, Limitation of Liability, Indemnification, Consequences of termination, Governing Law & Jurisdiction, General.

Governing Law & Jurisdiction

Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel.

Before submitting any dispute, claim, or controversy arising out of, in connection with or relating to these Terms, to adjudication in court, you and us will dedicate at least two weeks to attempt to amicably resolve such matter in an informal dispute resolution process. However, nothing herein shall, in any way, affect either party’s right to seek interim or emergency relief in the court of competent jurisdiction, or our right to lodge a claim against you pursuant to the indemnity clause above, in any court adjudicating a third party claim against us – all, without referring the matter to amicable resolution pursuant to the foregoing.

The competent courts located in the Tel-Aviv-Jaffa district will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms. You and us hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.

General

Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.

These Terms may only be modified by written amendment duly executed by us. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.

Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.

You may not assign or transfer your rights and obligations under the Terms without our prior written consent, which consent shall not be unreasonably withheld. Any attempted or actual assignment by you, without our prior consent, shall be null and void. Notwithstanding the provisions of the Assignment of Obligations Law, we may assign these Terms in their entirety, including all right, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a merger, acquisition, change of control or the sale of all or substantially all of its equity or assets relating to the Agreement. By virtue of such assignment, the assignee assumes our stead, including all right, duties, liabilities and obligations.

The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.

Contact Us

At any time, you may contact us with any question that you may have with respect to the Service, at: [legal@angelsmob.com].

Last updated: October 20 October, 2014.