TELEMETRY DATA LABS TERMS OF USE

  1. PREAMBLE

    1. These Terms of Use, as may be amended and/or updated from time to time are the legal agreement between, the User (hereinafter, "User", "you" or "your"), and TELEMETRY DATA LABS Ltd. (hereinafter "Telemetry", "we" or "us").

    2. The Terms of Use shall apply to your Use of our software that provides Users with accessible to our website www.telemetryapp.io (hereinafter "Website"). Therefore, when you sign up for an account you - or your company - you will need to positively indicate that you agree to these Terms of Use. By doing so, you hereby confirm that you have read, understood and agree to be bound by these Terms of Use in their entirety. If you do not agree to these Terms of Use in their entirety, you cannot Use the Platform, and you are required to unsubscribe the Platform.

    3. If you are Using the Platform on behalf of a company, (such as your employer), or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Use. In that case, "you" and "your" will refer to that entity.

    4. Furthermore, by accepting these Terms of Use, you hereby waive any rights or requirements under any applicable laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the maximum extent permitted under applicable law.

  2. DEFINITIONS

    In these Terms of Use, the following terms shall have the meaning set forth below:

    1. "User" or "you" means a legal or natural person who has subscribed to the Platform and is authorized by us to access and use the Platform.
    2. "Use" or "Usage" or "Using" means any access and/or view and/or visit and/or browse in or to the Website and/or the Platform, as applicable, for any purpose.
    3. "User Data" means Personal Data provided by a User that is necessary to subscribe to our Platform.
    4. "Non-User Data" means any data, including Personal Data, contained in the Platform and provided by non-users of our Platform to third parties, including Telegram©.
    5. "Personal Data" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual.

  3. THE USE OF THE WEBSITE AND THE PLATFORM

    1. Access to the Website and the Platform

      1. The Use of the Website and the Platform is technically possible twenty-four (24) hours a day and seven (7) days per week, unless in case of force majeure, possible breakdowns or any operation of maintenance necessary for correct functioning of the Website and the Platform.

      2. In general, the User declares that he/she is aware of the risks associated with browsing, websites and using online services and accepts its. In particular, the User acknowledges that the information that passes through or is stored there may be intercepted or altered independently of the will of Telemetry.

      3. As such, it is strongly recommended that the User take all necessary precautions to protect himself/herself again the effects of hacking, in particular by adopting a secure and appropriate computer configuration of his/her computer, cell phone or any other devices.

    2. Services Types and Fees

      1. Access to our Website is free of charge

      2. To Use the Platform, Telemetry currently offer four types of subscriptions: ’Free Trial’, ’Starter’, ’Pro’ or ’Enterprise’ subscriptions. These Terms of Use apply to all these subscriptions. ’Free Trial’ is currently offered by Telemetry free access to the Platform for thirty (30) days. ’Starter’, ’Pro’ or ’Enterprise’ subscriptions that include a range of additional benefits, are available for a fee. Please click here to view the fee and a description of the additional benefits. To access the Platform, you may provide your Personal Data, including your bank details, to our external payment service provider. Please note that this service provider has its own privacy policy and the payment service is subject to this third party terms. You should read these carefully before you submit any Personal Data to this third party.

    3. Condition To Use The Website And The Platform

      1. To Use the Website and the Platform, you must be:

        1. at least 18 years of age;

        2. possess the legal right and ability to enter into a legally binding agreement with us; and

        3. agree and warrant to Use the Website and the Platform in accordance with these Terms of Use.

      2. User Data and the way Telemetry shall use any Personal Data collected from the Website and the Platform is governed by our Privacy Policy.

    4. Your Responsibility

      1. You are responsible for any activity that occurs through the Use of the Website and the Platform and you agree that you will not Use the Website and the Platform for anyone other than for yourself.

      2. All User Data you provide us must be true, accurate, comply with applicable law, current and complete and you agree to update your User Data as necessary to maintain its truth, lawfulness and accuracy.

      3. You are responsible for compliance with applicable local laws, regulations and other instructions and guidelines which are related to your Use of the Website and the Platform, including, without limitation, any terms of service of Telegram©.

    5. Your representations:

      By Using the Website and the Platform, you hereby warrant and represent as follows:

      1. You are aware that you are not obligated by law to Use the Website and the Platform and to provide into the Platform any Personal Data, and any provision of it is based on your free will;

      2. Your Personal Data that you provide to the Website and the Platform, is yours, you have all rights in and to your Personal Data, and it is accurate, correct and complete;

      3. Any User Data provided by a User to the Website and the Platform is lawfully obtained by you in compliance with all applicable laws;

      4. You are aware that any User Data provided by you while using the Website and the Platform and/or otherwise processed by us due to your Use of the Website and the Platform will be used by us and/or by third party service providers which are working on our behalf, all - for the purposes set forth in our Privacy Policy.

    6. Support.

      If you encounter any problem in the use of the Website and the Platform, you can send an e-mail to: privacy@telemetryapp.io.

  4. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

    1. Except as expressly set forth herein, nothing in these Terms of Use shall be construed as transferring any rights, title or interests in your Personal Data to Telemetry or to any third party.
    2. The Website, the Platform and all its element incorporated in the Website and the Platform and made available to Users, including (without limitation) trademarks, logos, texts, videos, audio and visual content, design, graphic language, materials, data, photos, pictures, drawings, sound files, graphic files, links, computer code, and any other information displayed or presented in the Website and the Platform, are owned by Telemetry (or any third parties acting on Telemetry's behalf) and is protected by copyright and other intellectual property laws and treaties, except for Non-Users Data provided to Telegram©.
    3. For the avoidance of doubt, it is hereby clarified that the Platform will not be in any way responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  5. GRANT OF LICENSE

    1. Subject to your Use of the Website and the Platform according to these Terms of Use, we hereby grant you a worldwide, non-exclusive, personal and non-commercial, non-transferable, non-sub licensable, limited and revocable license to Use the Website and the Platform on any device that you legally own or control.
    2. We do not claim ownership of Non-User Data you provide when you Use the Platform. However, by Using the Platform, and when we process User Data , you hereby freely grant us an irrevocable, royalty-free, non-exclusive, unlimited license to process User Data, including the transfer to third parties (such as business partners, vendors, and service providers), all in accordance with the terms of the Privacy Policy.

  6. GENERAL OBLIGATIONS OF THE USER AND LICENSE LIMITATIONS

    1. Telemetry reserve all rights not expressly granted to you in these Terms of Use. Without limiting the foregoing, you will not do, or authorize, or permit any third party to do any of the following:
      1. rent, lease, loan, license, sell, redistribute or sublicense the Website and the Platform;
      2. distribute or copy the Website and the Platform;
      3. crawl, reverse engineer, decompile, disassemble, or attempt to discover the source code for the Website and the Platform;
      4. modify, alter, or create any derivative works of the Website and the Platform;
      5. remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Website and the Platform;
      6. Use the Website and the Platform for any illegal purpose, or in violation of any applicable law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, etc.;
      7. attempt to gain unauthorized access to the Website and the Platform, or any part of it (including, any unauthorized and/or unlawful access to Personal Data), computer systems or networks connected to the Website and the Platform through hacking or any other means or interfere or attempt to interfere with the proper working of the Website and the Platform or any activities conducted through the Website and the Platform by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
      8. exploit the Website and the Platform in any unauthorized way whatsoever, including but not limited to, by trespassing or burdening network capacity.
    2. While we use reasonable efforts to ensure that the Website and the Platform are free from viruses and other malicious content, neither we, nor any other party involved in producing, hosting or delivering the Website and the Platform assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect your device. Except where required by applicable law, Telemetry shall not be liable to any User or other person for any loss or damage they may suffer as a result of viruses, or other malicious or harmful content that they access from, or through the Website and the Platform.

  7. GENERAL TERMS.

    The User hereby warrants, represents and undertakes as follows:

    1. You will Use the Website and the Platform according to this Terms of Use and not abuse the Website and the Platform.
    2. These Terms of Use are concluded between you and Telemetry, and not between you and Telegram©.
    3. Telemetry disclaims any and all responsibilities and warranties for Non-Users Data provided to Telegram©.
    4. By Using the Website and the Platform you hereby warrant and represent that you are not located in a country that is subject to U.S. Government embargo, or otherwise designated by the U.S. Government as &quote;terrorist supporting&quote; country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

  8. DISCLAIMERS OF LIABILITY

    The User hereby warrants, represents and undertakes as follows:

    1. The services we provide you through the Website and the Platform are based on the assumption that the information provided by you to Telemetry, including User Data, is complete, reliable true, comply with applicable law and correct. We do not supervise or otherwise check the information source, its validity, correctness, reliability, accuracy, lawfulness, completeness or any other aspect associated with it. By using the Platform and is services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. You agree that Telemetry is not responsible for others' content or information. We cannot always prevent this misuse of our Website and Platform, and you agree that we are not responsible for any such misuse.
    2. You may, during your Use of the Platform, access Non-User Data. Please note that these Terms of Use only applies to Personal Data that we (or third parties on our behalf) collect from or about you and we cannot be responsible for Personal Data collected and stored by third parties, including Telegram©. Third parties, including Telegram©, have their own terms of use and privacy policies, and you should read these carefully before you submit any Personal Data to these third parties. We do not endorse or otherwise accept any responsibility or liability for the content of Non-User Data provided to such third-party websites and mobile application.
    3. The Website and the Platform may contain links and reference to third party websites and/or include third-party component(s) and/or service(s), such as external payment service provider to access the Platform(hereinafter &quote;Third Party Services&quote;). Without derogating from the generality of Section 8.1 above, the Third Party Services are provided (if and to the extent provided, at our sole discretion) as a convenience to you, and when you access any such Third Party Services you must comply with the applicable Third Party Services terms and conditions/terms of service, including Telegram© and the external payment service provider. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Services. In no event will we be responsible for the information contained in, transmissions received from, or your use of or inability to use such Third Party Services.

  9. NO WARRANTY.

    The Website and the Platform is provided &quote;as is&quote; and on an &quote;as available&quote; basis with all faults, defects and errors, and without any warranty of any kind. Telemetry specifically disclaims all warranties, whether expressed or implied, arising by law or otherwise, regarding the Website and the Platform and its performance, its suitability for your intended Use, including without limitation any implied warranty of merchantability, fitness for a particular purpose, non-infringement, that the Use of the Website and the Platform will be uninterrupted, that all vulnerabilities and defects will be detected or corrected.

  10. LIMITATION OF LIABILITY.

    To the maximum extent permitted by applicable law, in no event will Telemetry (including its service providers) be liable for any indirect, consequential, incidental, special, exemplary, or punitive damages, or liabilities whatsoever arising from, or relating to the Website and the Platform (including, without limitation, due to your Use or inability to Use the service and/or the results of using the services) and/or these Terms of Use, whether based on contract, tort (including negligence), strict liability, or other theory, even if Telemetry has been advised of the possibility of such damages. If you are dissatisfied with the services or any content thereon, your sole and exclusive remedy is to discontinue Using the Website and the Platform. Without derogating from any of the foregoing, the total aggregate liability of Telemetry together with anyone on our behalf under these Terms of Use, if any (including our service providers), in connection with the services will not exceed USD 1,000 (one thousand dollars).

  11. RELEASE AND INDEMNIFICATION.

    You release, and agree to indemnify, defend and hold us, our officers, directors, employees, shareholders, agents and, harmless from all liabilities, claims, loss and damages (of every kind, whether known or unknown and suspected or unsuspected), and including reasonable attorney's fees related in any way to your Use of the Website and the Platform not in accordance to the Terms of Use.

  12. TERMINATION.

    Telemetry may terminate these Terms of Use at any time for any reason, or for no reason immediately upon notice. Upon such termination, you agree not to Use, or copy the Platform. In the event of the termination of these Terms of Use for any reason:

    1. the license granted to you to Use the Website and the Platform under these Terms of Use will terminate immediately;
    2. you must immediately upon receiving any notice of termination cease all Use of the Website and the Platform and destroy or erase all copies of the Website and the Platform in your possession or control.

  13. AGE RESTRICTIONS.

    If you are not 18 years old or older, you may not Use the Website and the Platform and/or contact us and/or send us any User Data. By Using the Website and the Platform you hereby warrant and represent that you are not under the age of 18. If these age requirements are not met, you are required to obtain the consent of the parent or legal guardian; lacking such consent, you may not Use the Website and the Platform. For additional information about our policy towards children, please visit our Privacy Policy.

  14. ASSIGNMENT

    You may not assign these Terms of Use, or any of your rights under these Terms of Use without the prior written consent of Telemetry, and any attempted assignment without such consent shall be void.

  15. GOVERNING LAW AND JURISDICTION.

    Unless restricted by applicable law, these Terms of Use shall be governed by the laws of Israel and any matter, or dispute arising in connection with them or in connection with the Website and the Platform shall be subject to the exclusive jurisdiction of the competent courts of Tel Aviv, Israel.

  16. SEVERABILITY.

    If any term of these Terms of Use is found to be unenforceable, or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of these Terms of Use will remain in full force and effect.

  17. NO WAIVER.

    No waiver of any right under the Terms of Use will be deemed effective unless contained in writing signed by Telemetry, and no waiver of any past or present right arising from any breach, or failure to perform will be deemed to be a waiver of any future rights arising out of these Terms of Use.

  18. ENTIRE AGREEMENT.

    These Terms of Use, constitute the entire agreement between you and Telemetry with respect to the Use of the Website and the Platform, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. However, these Terms of Use do not derogate from any other agreement between you and Telemetry. Any update of these Terms of Use shall bind commencing on its publication (as detailed at the head of these Terms of Use). We will attempt to post a notice prior to any update and/or amendment of these Terms of Use.

  19. PRIVACY POLICY.

    In the course of your Use of the Website and the Platform, we may collect and/or otherwise receive Personal Data from or about you. Details about the Personal Data we collect, process, generate and/or otherwise receive from or about you, and the way we use it is governed by our Privacy Policy, as may be amended from time to time.

  20. CONTACT US.

    Should you have any question or complaint regarding the Website and the Platform, you may contact us at: privacy@telemetryapp.io.