Terms of service

Totalik Terms of Service (TS)

 

IMPORTANT – PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. THIS AGREEMENT SHALL GOVERN YOUR USE OF THE SERVICES

 

This combined Terms of Services and Privacy Policy (“Agreement”) constitutes a valid and binding agreement between Totalik advanced mobile technologies ltd. (Totalik) and you and it governs the use of the Services which are provided by Totalik and any Third Party Content and such features and Services as defined below. By using any of the abovementioned services you indicate your agreement to the terms of the Agreement.

  1. Restrictions. Except as expressly permitted hereunder you may not, nor may you assist other parties to misuse the services, inter alia, to interfere with our Services or try to access them using a method other than the interface and the instructions that.. You may not use the Application in violation of any applicable law or regulation.
  2. Ownership.  You have no ownership rights in the Services. Rather, you have a license to use the Services only so long as this TS remains in effect. Ownership of the Services and all intellectual property rights therein shall remain at all times with Totalik or its licensors. No rights are granted hereunder by estoppel or by implication. All rights not granted to you herein are reserved to Totalik or its licensors
  3. Data and Privacy. ess. The Services may collect and save the text that you type when using theServices. Where a field has been flagged by a website or app as denoting a password field or payment information, the Application does not log, store or learn from this information. The Application may collect and save your contact list, including names, emails and telephone numbers. The Application may collect and save information from your Facebook account, after receiving your consent for the same. You are not required by law to provide us with any such information, but by using the Application and agreeing to this EULA you agree to provide us with such information. The Application may also automatically collect technical information concerning your mobile device, browser, IP address, operating system, your Android advertising ID, time of use, geo-location and which applications have been installed on your device and which one was used in conjunction with the Application (“Technical Information”). Licensor may use any of the foregoing data in order to provide the services to you, and in order to customize or personalize the services, for example in order to improve word prediction, grammar correction, auto-completion, etc. In addition, Licensor and/or its partners may use any of the foregoing data to provide targeted advertising and promotional offers to you in which Licensor or its partners believe you may be interested. Licensor may transfer the text that you type when using the Application and/or the Technical Information to third parties on commercial terms that Licensor can determine in its sole discretion. Licensor may use any of the foregoing data to create statistical data that does not identify any individual user or perform analytics and may use or share such statistical data or analytics with its partners, without restriction, on commercial terms that Licensor can determine in its sole discretion.  Licensor may provide any or all of the foregoing data to such of its commercial partners the branding of which is used in the Application provided to you, in connection with the provision of the services. Licensor may use third parties to collect, store and process any of the foregoing data, such as usage data as well as IP addresses and mobile device ids and such third parties may not be located in your jurisdiction. For example, Licensor has partnered with SimilarWeb Ltd., under an agreement whereby SimilarWeb Ltd. may collect usage data, including browsing history and IP addresses, from our end users and use it for purposes such as improving SimilarWeb’s technology and analyzing internet trends; please note that SimilarWeb Ltd. may share such information with third parties as well. SimilarWeb Ltd. has undertaken not to collect any other personally identifiable information from our end users. In order to better understand what SimilarWeb Ltd. may do with your data, please see its Privacy Policy and Terms of Use, as amended, which can be found at:  http://app-privacy.info/. Licensor will disclose any of such data as required by law or pursuant to a legitimate law enforcement investigation. Licensor may disclose such data to an affiliate or to a party that purchases Licensor or any of its businesses.

We may use your email address, if we have collected it, for the purpose of providing you marketing offers from us and our trusted partners. You may request, at any time, to discontinue receiving these offers by unsubscribing using the link provided at the bottom of our emails.

 

  1. Warranty Disclaimer.  The Application is provided “AS-IS”. Licensor (and its licensors or commercial partners) expressly disclaims any warranties with respect to the Application. Licensor (and its licensors or commercial partners) disclaims any statutory or implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. No warranty is made that the Application will meet your requirements, that the operation of the Application will be continuous or error-free, that the Application will operate as intended or at all under all conditions, or that any defects in the Application will be corrected.  
  2. Limitation of Liability. In no event shall Licensor (or its licensors or commercial partners) be liable to you or any other entity for indirect, special, incidental or consequential damages (including, but not limited to, loss of profits, loss of data or loss of use damages) as a result of the Application or the use thereof, even if Licensor has been advised of the possibility of such damages or losses. The liability of Licensor (or its licensors or commercial partners) for the Application shall not exceed amounts actually paid by you to Licensor specifically for the use of the Application. As such, if you have not made any payments to Licensor specifically for the use of the Application, Licensor (or its licensors or commercial partners) shall not have any Liability to you. Licensor may make available updates of the Application from time to time. Licensor shall have no liability hereunder for versions of the Application for which all available updates have not been installed.
  3. Advertisements and Third Party Links. Any advertising or promotional material presented by the Services does not constitute a recommendation or encouragement to procure the advertised goods or services. The Services may contain links to third party services. Totalik  shall have no responsibility for goods or services provided by third parties. You should review the privacy policy of third parties before providing such parties with any information.
  4. Indemnification. You shall defend, indemnify and hold Licensor (and its affiliates, employees, officers, directors and agents) harmless from and against any and all losses, liabilities, costs and expenses arising out of or connected with any third party allegations (even though such allegations may be false, fraudulent or groundless) that you breached any provision of this EULA, or any representation or warranty made by you herein. Notwithstanding such obligations, Licensor may control any defense of such claims. If Licensor allows you to defend such claims, your choice of counsel must be reasonably satisfactory to Licensor. You shall not settle or compromise claims that impose any obligation on Licensor or admits any fault on the part of Licensor without its prior written consent.  Licensor may participate in the defense of all claims with counsel of its own choice at its own expense.
  5. Support. Licensor may provide support and updated provisions in its discretion. Licensor may cease providing support and/or maintenance at any time in its sole discretion. Only Licensor (and no other party) shall be responsible for the provision of any support or maintenance for the Application.
  6. Termination.  This EULA shall terminate if you violate its terms. Upon termination, you must immediately cease use of the Application. Sections 2 – 13 of this EULA shall survive the termination of this EULA for any reason.
  7. Contact Information. You may use the following contact information to contact Licensor: info@Totalik.com
  8. General. This EULA shall be construed, interpreted and governed by the laws of the State of Israel without regard to conflicts of law provisions thereof. Any action, suit or other proceeding arising under or relating to this EULA shall be brought in a court of competent jurisdiction in the district of Tel-Aviv/Jaffa, Israel, and the parties hereby consent to the sole jurisdiction of such courts. The rights and obligations of the parties to this Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Any waivers of any condition of this EULA must be in writing, and the waiver of any requirement in certain situations or circumstances shall not be interpreted as the waiver of such requirement in other situations or circumstances. This EULA constitutes the entire agreement between the parties hereto. Any amendment or modification of this EULA shall only be effective if it is in writing and signed by both parties hereto. If any part of this EULA is found invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted as necessary to give maximum effect to its provisions and the remainder of this EULA shall remain in effect. Licensor may assign or transfer any of its rights or obligations hereunder without your consent. You may not assign any of your obligations or rights hereunder. Licensor communicates with its users electronically and on-line and, as such, you consent to receive all communications and notices electronically from Licensor (including through the Application) or to an email address that you have provided to Licensor. All such communications or notifications shall be considered as having been provided in writing. You represent and warrant 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. Licensor reserves the right to update or modify the Application at any time, from time to time in its sole discretion, including without limitation to increase or change functionality of the Application. Licensor may cease providing or maintaining the Application at any time.