Last updated (effective date): July 13, 2021
END USER LICENSE AGREEMENT (EULA)
This End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and pulsehound Ltd., an Israeli limited liability company (“Company”). This Agreement governs your use of the following applications, when downloaded to your mobile device or commuter, as applicable (each such application, including all related documentation, the “Application”):
- pulsehound, available as an Android application.
- pulsehound, available as an iOS application.
The Application may be downloaded from online marketplaces and directories on various devices supported by the Company, as Android mobile application or as iOS mobile application, on tablets or other mobile devices supported by the Company (each such device shall be referred to herein as “device”). The Company does not warrant that it supports all types of devices, and the scope of support may change (reduced or extended), from time to time, as the Company determines, in its sole discretion.
Each Application is licensed, not sold, to you.
SECTION 21 INCLUDES ADDITIONAL TERMS AND CONDITIONS RELATED TO THE RIGHTS OF GOOGLE INC., APPLE INC. AND ADDITIONAL THIRD PARTIES, AND THEIR RESPECTIVE AFFILIATES.
BY INSTALLING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL THE APPLICATION AND, IF YOU HAVE PREVIOUSLY DOWNLOADED THE APPLICATION, DELETE IT FROM YOUR DEVICE.
1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to: (a) download, install, and use the Application for your personal, non-commercial use on devices owned or otherwise controlled by you strictly in accordance with the Application’s documentation; and (b) access, stream, download, and use on such device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement, as set forth in Section 5. Any additional use of the Application or such Content and Services not explicitly set forth herein is prohibited.
2. License Restrictions. You shall not, and, for removal of any doubt the above license does not grant you the right to: (a) copy the Application; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time (including, for timesharing purposes); (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; and/or (g) use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
6. Third Party Providers. The Company uses third party platforms such as SiteGround, Glide, Microsoft, Google and Upay, as well as other infrastructure, payment and login services (each, a “Platform”), to make the Applications and the Content and Services made available via the Application available. The Platforms are owned and operated by third party entities such as Facebook Inc., Google Inc., Amazon Inc., your mobile network operator and others. The Company facilitates such Platforms and infrastructure through designated APIs and SDKs (software development kits) to run, maintain and make the Content and Services, as well as the Applications, available (collectively, “Third-Party Providers”). The Company is not responsible for the compliance of such Third-Party Providers with any law or regulation.
7. Geographic Restrictions. The Content and Services are based in the State of Israel and provided for access and use only by persons located in the United States or Israel. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States or Israel and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States or Israel, you are responsible for compliance with local laws.
8. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. It is your exclusive responsibility to pay any fees that may be charged by your Internet service provider, for downloading any Updates or using the Application. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
9. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
10. Term and Termination.
(a) The term of Agreement commences when you install the Application and will continue in effect until terminated by you or Company as set forth in this Section 9.
(b) You may terminate this Agreement by deleting the Application and all copies thereof from your device.
(c) Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion or for any other reason. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination: (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Application and delete all copies of the Application from your device.
(e) Termination will not limit any of the Company’s rights or remedies at law or in equity.
11. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT DEROGATING FROM ANY OF THE AFORESAID, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT AND SHALL NOT BE RESPONSIBLE FOR THE AVAILABILITY OF THE PLATFORMS OR ANY THIRD-PARTY PROVIDERS’ INFRASTRUCTURE OR SERVICES, NOR SHALL THE COMPANY BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE CAUSED TO YOU DUE TO ANY ACT OR OMISSION ON BEHALF OF SUCH THIRD-PARTY PROVIDERS OR YOUR USE OF THEIR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, AND/OR (b) DIRECT DAMAGES THAT EXCEED THE GREATER OF US$100 OR 10% OF THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR SERVICE RENDERED BY THE COMPANY THROUGH THE APPLICATION IN THE LAST 6 MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
13. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
14. Export Regulation. The Application may be subject to the United States export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the United States.
15. US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefore, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors
16. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
18. Governing Law and Jurisdiction. This Agreement is governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in Broward County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
19. Arbitration. At Company’s sole discretion, it may require you to submit any disputes arising from this Agreement or use of the Application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of Florida.
20. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
22. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
23. Your Comments and Concerns.
(a) The Application is owned and operated by pulsehound Ltd., of 11 Menachem Begin Rd., Ramat Gan, Israel.
(b) All notices of copyright infringement claims should be sent to the Company’s copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
(c) All other feedback, comments, requests for technical support, and other communications relating to the Application should be directed to: [email protected].
24. The Rights of Google Inc. and Apple Inc.
The Application would only function with Supported Devices.
A “Supported Device” means:
(a) a combination of a Google Chrome-enabled device model and relevant Google Chrome software version(s) that is/are supported by the Application, if you have downloaded the Company’s Chrome extension Application;
(b) a combination of an iOS-enabled device, with an operating system version that is/are supported by the Application, if you have downloaded the Company’s iOS Mobile Application;
(c) a combination of an Android-enabled device, with an operating system version that is/are supported by the Application, if you have downloaded the Company’s Android Mobile Application;
Each of Google Inc. and its affiliated companies (“Google”) and Apple Inc. and its affiliated companies (“Apple”), are referred under this Agreement as “Platform Operator”.
This Agreement constitutes an end user license agreement (EULA) in lieu of any license grant provided by any Platform Operator to use the Application with a Supported Device. This Agreement is between you and pulsehound Ltd. only, and not with any Platform Operator. pulsehound Ltd. is solely responsible for the Application.
Platform Operators Terms
The Google Chrome Web Store is owned and operated by Google. Your use of the Google Chrome Web Store is governed by a legal agreement between you and Google consisting of the Google Chrome Web Store Terms of Service (found at https://ssl.gstatic.com/chrome/webstore/intl/en/gallery_tos.html), and the Google Chrome Terms of Service (found at https://www.google.com/chrome/privacy/eula_text.html). In addition, your use of the Google Chrome Web Store is subject to the Google Chrome Web Store Program Policies (found at https://developer.chrome.com/webstore/program_policies), and to such other terms and conditions published by Google, all – as amended from time to time.
Neither Google nor Apple has no obligation to provide any maintenance or support for the Application.
To the maximum extent permitted by applicable law, Google and Apple shall have no warranty obligation whatsoever with respect to the Application, and shall not be liable for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. pulsehound Ltd. shall not be required to provide a refund to you under any circumstances.
Neither Google nor Apple shall not be responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation.
Neither Google nor Apple shall be responsible for the investigation, defense, settlement or discharge of any claim that the Application or your possession and/or use of the Application infringes a third party’s intellectual property right.
You represent and warrant that (i) the Software shall not be downloaded or used in, or transported to, a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist-supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
From time to time, Google Chrome, Google Play Store or Apple App Store (as applicable) may check with remote servers (hosted by Google, Apple or by third parties) for available updates to extensions and applications (including the Application), including but not limited to bug fixes or enhanced functionality. You agree that such updates will be automatically requested, downloaded, and installed without further notice to you.
From time to time, Google may discover an extension that violates Google developer terms or other legal agreements, laws, regulations or policies. Google Chrome will periodically download a list of such extensions from Google’s servers. You agree that Google may remotely disable or remove any such extension from user systems in its sole discretion.
Google and Apple are third-party beneficiaries of this Agreement, and have the right (and shall be deemed to have accepted the right) to enforce this Agreement against you.