Last Updated: October 23rd, 2017
1. General
These Terms of Use are a legally binding agreement between JulyApps LTD (“Katans”, “the Company”, “we” or “us”) and between you (“user” or “you”).
These Terms of Use constitute the entire agreement between you and the Company concerning your use of JulyApps’s website or any of JulyApps’s applications (each, an “App”), including: gTasks, Lock Notes, Will it Rain, Will it Snow, Cal List and your use of JulyApps’s website (collectively, “Services”).
Please read the Terms of Use carefully before installing or using our Services.
By accessing and using the Services or downloading and installing the App you acknowledge that you have read these Terms of Use and our Privacy Policy which is incorporated herein by reference, as may be amended from time to time (collectively “the Terms”). These Terms shall govern any and all kind of use and features offered via the Services as may become available from to time to time. You agree to be bound by these Terms and to fully comply with them.
If you do not agree to any of the Terms you should immediately stop using the Services and remove the App from your device. In this case, you may not download, copy, access or install the App or use any of our Services in any manner whatsoever.
2. What do we do?
JulyApps offers a variety of productivity and weather apps emphasizing the simplicity, yet fully-featured, Apple-like apps.
3. Eligibility
Any use or access by anyone under the age of 13 is prohibited. By accepting the Terms, you declare that you are at least 13 years or older and that you have the legal capacity to enter this agreement, including consent of your parent or guardian (where applicable) to use the Services.
4. Payment and Fees
We offer a version of limited Services for free. In order to enjoy the full scale of the Services that we offer, you may be required to pay the applicable fees assessed to your account. We maintain no refund or cancellation policy of any paid fees.
Your mobile carrier may impose fees when you use some of the Services, as defined by each and every mobile operator. Such carrier fees are subject to your own engagement with your mobile carrier and that carrier respective policies. It is your responsibility to pay those charges, if imposed.
5. Maintenance and Support
We are aiming at providing our users with the best support for our Services and to constantly improve them. We created different tools to help our users, address frequently asked questions and additional technical and general support issues. Also, we test frequent updates, maintenance, error shooting and additional means in order to improve the Services.
However, we do not undertake to keep operate any of the above, and we reserve the right to change, reduce, limit or terminate our maintenance and support efforts.
6. Intellectual Property and License
Subject to your full compliance with the terms and conditions of these Terms and with applicable laws and regulation, we grant you a world-wide, limited non-exclusive, non-transferable, non-sub-licensable license to download and install a copy of the App and the right to use and access the Services on a mobile device that you own or control, in a format of an application, and to run such copy of the App and the Service solely for your own personal non-commercial purposes. JulyApps reserves all rights in and to the App and the Services. Any right that is not expressly granted to you under these Terms is expressly reserved by JulyApps.
JulyApps is entitled, without any liability, to refuse, restrict, limit, suspend, interfere or interrupt the Services or any part thereof, without any notice to you, for the repair, improvement or upgrade of the Services or for any of the reasons for termination as mentioned below.
All our intellectual property assets (“IP“) including but limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are our sole and exclusive IP and are all protected by local and international intellectual property laws and treaties including all copyright laws and regulations. Our Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to our trademarks or the trademarks of any third party.
Except as expressly stated herein, you may not copy, alter, adapt, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any of our Services, without our prior written permission. You hereby warrant that you will not make any copies of, modify, adapt, disassemble, translate, decompile, distribute or otherwise transfer, rent, lease, loan, resell, sublicense or reverse engineer our Services or any part thereof.
If you link from another website or applications to one or more of our Services, the website or the application, as well as the link itself, may not, without our prior written permission, suggest that we endorse, sponsor or are affiliated with any non-Company website, application, entity, service or product, and may not make use of any of our IP other than those contained within the text of the link.
You are most welcome to provide, and we are always open to receive, any suggestion, idea, feedback, translation or recommendation to our Services (“Feedback”). Such Feedback will not be subject to any copyright or an other intellectual property right and we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a world wide, irrevocable, royalty-free, sub-licensable right and license to use and exploit in any manner any and all Feedback. We may, without notice to you, assign our rights and obligations under these Terms to any of our affiliates or subsidiaries, or to any successor in interest of any business or assets associated with the Services.
You hereby declare that you understand that the applicable App Store (Apple App store, Google Play or any other store, if becomes available) is a third party beneficiary of these Terms, and has the right to enforce these Terms against you, under certain circumstances and given jurisdictions.
7. Privacy
You acknowledge that to the extent you choose to use or access certain features of the Services you may be asked to submit or enable the transmission of certain personal information, which is required for the operability of our Services.
You also acknowledge that you are solely responsible for any content (including, but not limited to, tasks, to-do lists, your contact list (i.e. address book) stored on your device) that you upload, share, backup or transmit through our Services (including information submitted from your social network account, if applicable), manually or automatically (collectively: “Content”).
At all times your information and Content will be treated in accordance with our Privacy Policy, which describes how we access, use, store and disclose your information and Content when you use the Services, and is incorporated in these Terms by reference. By accessing and using the Services, you agree and understand that we will use your information and Content as set forth in our Privacy Policy, and you allow us to do so.
8. Your Representations and Undertakings
a. You shall use our Services in complete accordance with the Terms, as amended from time to time, and only for the purposes stipulated in the Terms.
b. You represent and warrant that all information and Content that you submit upon the sign-in process (including information submitted from your social network account, if applicable) and all other Content which is shared by you when using our Services, is accurate and truthful and that you will promptly update any information or Content provided by you that subsequently becomes inaccurate, incomplete, misleading or false.
c. By using the Services with respect to Content which is uploaded or used by you, you affirm, represent, and warrant that:
(i). you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Content in the manner contemplated by the Services and these Terms;
(ii). you have the written consent, release, or permission of each identifiable individual person referenced in your Content to use their name, contact details (e.g. emails, phone numbers), etc. as part of the Services;
(iii). the Content do not violate any applicable laws, including but not limited to applicable local laws and privacy and data collection laws;
(iv). the Content does not infringe or violate the rights of any third party, including, without limitation, any copyright, trademark, patent or other intellectual property or proprietary right;
(v). you may not upload Content that: (a) include unauthorized commercial communications (such as spam or other unauthorized advertisement material); (b) include confidential information or personal information about any third party without their consent; (c) contain viruses or other malicious code; (d) bully, intimidate, or harass any other user, entity or person; (e) contain any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material ; (f) facilitate or encourage any violations of these Terms; (g) include misleading information or that are part of a scam; (h) include content that is age-restricted or content that contains sexual materials or any offensive, indecent or objectionable information or images; (i) include content that encourages the use of drugs; or (j) contains photos or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian).
d. You grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable and transferable license to use and store your information and Content in connection with the Services.
e. You acknowledge that you are responsible for any information or Content that you submit or transmit through the Services and any other communications options available by us, including your responsibility as to the privacy, legality, reliability, appropriateness, originality and copyright of any such information and Content, whether publicly posted or privately transmitted.
f. You acknowledge that in order to use the Services, you must use WiFi or receive data connectivity services from your service provider. The cost of the WiFi or data connectivity service may vary among service providers. It is your responsibility to review such costs and to determine whether you wish to bear such costs or not. In particular, you further acknowledge that the cost of such data connectivity service may rise significantly when roaming internationally. Therefore, you are advised to consider the cost of using the Services, depending on your location at any particular time.
g. You understand and agree that the Company may, but is not obligated to, monitor or review any Content you share as part of the Services. The Company may delete any Content, in whole or in part and without any prior notice, that in the sole judgment of the Company violates the Terms or may harm the reputation of the Services or the Company.
9. Prohibited Conduct
You represent and warrant that any download, install, use or access you make with the App or the Services is under your own choice and responsibility. You represent that any use you make of the Services will not constitute or otherwise include any Prohibited Conduct.
“Prohibited Conduct” shall mean to include, but not limited to, the following:
a. Violating laws, rules, regulations, applicable policies and third party rights.
b. Except as explicitly permitted under these Terms, share or permit others to use the App or Services, rent, lease or transfer the Services or any rights to use them.
c. Delete or modify any attributions, legal notices or other proprietary designations or labels on the App, or Services, or on any third party material contained or otherwise available therein.
d. Solicitation: You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
e. Interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services.
f. Disruption: You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the services, or violating any regulation, policy, or procedure of any network, equipment, or server.
g. You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the services; You may not use or attempt to use another’s account or personal information; You may not attempt to gain unauthorized access to data or the Services, or the computer or mobile systems or networks connected to the Services, through hacking password mining or any other means; Otherwise violating these Terms or creating liability for us.
10. Permissions and User’s Choice
In order to use the App and effectively utilize the Services you are required to provide an access to your location, to-do list, contacts, including related details that are save under such contacts as they are saved in your system, phone numbers and any other data that is saved under your phonebook directory. You are solely responsible and liable for the use you make of your contacts list, including providing third party applications to provide services related to such list. You hereby represent and warrant that you own all rights, titles and interests required for you to use of the Services in the manner contemplated herein.
By using our Services, you acknowledge and agree that we will share information with other users our affiliates and business partners for the purpose of ensuring that their current information is up to date. You acknowledge that you have the rights and permissions required to allow us to share such information.
You hereby grant us a worldwide, non-revocable, royalty-free, sub-licensable and transferable license to use your contact list for the purposes of providing the Services, operate them and constantly improve them, including for the purpose of introducing new features when they become available, to reproduce, distribute, make derivatives of it and use it in order to promote the Services.
If you prefer that we will not disclose your information with our affiliates and business partners, you may opt-out by following the instructions in our Privacy Policy (under “Opt-out options”). In this case, we shall not continue to disclose your Information.
11. Downloading Application from the App Store
The following applies to any application, including the App, accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
a. You acknowledge and agree that (i) these Terms are concluded between you and the Company only, and not Apple; and (ii) the Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
b. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
c. You acknowledge that, to the maximum extent permitted by applicable law, Apple has no other warranty or obligation whatsoever with respect to the Application and all other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty shall be the sole responsibility of the Company, to the extent applicable. As between the Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.
d. You acknowledge that (i) you are not located in a country that is subject to a U.S. Government embargo, or that 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.
e. You and the Company acknowledge that, as between the Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
f. You and the Company acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between the Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
g. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
h. Without limiting the Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
12. Third Party Software
Portions of our Services may include software that we license from third parties, which may include open source software or related components (“Third Party Software”). Third Party Software is subject to the terms and conditions imposed by the licensors of that Third Party Software. We do not make any warranty with respect to Third Party Software.
13. Termination
We may cancel your access to the Services, at our sole consideration, at any time and for any reason, with or without notice to you, unless you upgraded to a premium (paid) account.
Upon any termination, discontinuation or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, licenses and ownership provisions, warranty disclaimers, limitations of liability, indemnity and dispute resolution provisions.
14. Warranty Disclaimers
To the maximum extent permitted (or otherwise not prohibited) under applicable laws, the App, Services and Content are provided “as is” with no express, statutory or implied warranty of any kind, including without limitation, for: (a)accuracy or accessibility; (b) that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis, including without limitation, those warranties of title, non-infringement, merchantability, suitability or fitness for a general or particular purpose; (c) the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services and any related content.
You acknowledge and agree that your use of the Services and your Content is at your own discretion and sole risk and that the entire risk as to the results and performance of the Services, including, without limitation, any damages to your well-being, your computer system, mobile device or any other device used to access the Services, or data stored on such devices, is solely yours.
The Company will not be held responsible for any consequences to you or any third party that may result from technical problems, including without limitation internet (such as slow connections, traffic congestion or overload of our or other servers) or any telecommunications or internet providers.
The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
The Company shall not be responsible and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Services, whether caused by users or any of the equipment or programming associated with or utilized in the Services; or (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content or communications.
15. Indemnity
You agree to defend, indemnify and hold harmless JulyApps, its directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your act or omission caused damage to a third party.
Under no circumstances whatsoever will the Company be liable in any way for any of the Content (including your contact) you share or publish, including, without limitation, for any infringement of third party’s right, loss or damage of any kind incurred as a result of the use or display or performance of any third party content transmitted, displayed or otherwise made available through the Services.
16. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will JulyApps be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including without limitation, loss of revenue or income, lost profits, suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the Services (or the termination thereof for any reason), even if JulyApps has been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, JulyApps shall not be responsible or liable whatsoever in any manner for any Content posted on or available through the services (including claims of infringement relating to that Content), for your use of the Services, or for the conduct of third parties on or through the Services.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, the foregoing exclusions and limitations will be enforced to the greatest extent permitted by applicable law.
17 .Governing Law
These Terms are governed by the Israeli law, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of Israel shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of use and for those purposes irrevocably submit all disputes to the jurisdiction of the Israeli courts, Tel Aviv district. The place of performance shall be Israel.
We provide no warranty or guarantee that The Services or information available on it complies with laws other than those of Israel.
18. General Terms
Failure by JulyApps to exercise any right or remedy under the Terms does not constitute a waiver of that right or remedy. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of JulyApps.
You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
The Company reserves the right to transfer, assign, sublicense or pledge the Terms, in whole or in part, in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in.
You may not transfer, assign, sublicense or pledge any of your or your rights or obligations under the Terms without the Company’s prior written approval.
The Company reserves the right, at its sole discretion, to periodically amend or revise the Terms. Material changes will be effective immediately upon the publication of the amended Terms. Your continued use of the App or the Services, following the amendment of the Terms, constitutes your acknowledgement and consent of such amendments to the Terms. The last revision will be reflected in the “Last modified by” heading above. In the event of a material change to these Terms, Users may be notified within the Application.
20. Contact Information
If You have any questions about these Terms, please contact us at contact@katans.com