PC, Web, Mobile Application and various 3rd party vendors plug-ins End User License Agreement (“EULA”)
This Shieldox Application End User License Agreement (“Agreement” and/or “EULA”) is made between Shieldox Technologies Ltd. (“Company”), owner and operator of [http://shieldox.probot.ai and or www.shieldox.com All together “Shieldox Web Site”] and provider of the Shieldox Products (“Shieldox Document Security Skills” or “Shieldox Services”, refer to a single Shieldox product licensed to a user through Shieldox licensing process and terms) and You (“User”) who has: 1) acquired a license to use any of the Shieldox products; and 2) downloaded the Shieldox Desktop App, Shieldox Chrome Extension or Shieldox Skills via 3rd party such that you may use Shieldox Cloud Services.
PLEASE READ THIS CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN USER AND COMPANY. USER AGREES THAT THIS AGREEMENT HAS THE BINDING LEGAL FORCE AND EFFECT OF A CONTRACT SIGNED IN INK AND DELIVERED IN PERSON. BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE MOBILE APP, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED AND COMPANY SHALL PROMPTLY CANCEL THIS TRANSACTION AND USER MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE MOBILE APP. THIS AGREEMENT IS APPLICABLE FOR ALL RELEASED VERSIONS OF THE MOBILE APP. THIS AGREEMENT MAY BE AMENDED FROM TIME-TO-TIME AT THE SOLE DISCRETION OF COMPANY. COMPANY SHALL PROVIDE NOTICE TO USER OF AMENDMENTS BY POSTING THE UPDATED EULA ON COMPANY'S WEBSITE. USER SHALL HAVE THE OPPORTUNITY TO REFUSE SAID AMENDMENTS SOLELY BY CEASING UTILIZATION OF THE MOBILE APP AND UNINSTALLING IT FROM HIS MOBILE DEVICE.
1. Shieldox Services Usage Terms:
a. Description. The Shieldox Skills is software services and application, proprietary to Company, which is designed to allow Users to Access share and manage their documents and files synced from different file sources into the Shieldox Cloud and made available on users devices like PC, Mobile device and others as may be published on Company publications from time to time. Shieldox App, skills and services are protected by intellectual property laws and international intellectual property treaties. User’s use of the Shieldox Skills is licensed and not sold.
b. Third Party Vendors/Distributors. User is aware that Company makes no warranties with reference to any third party vendor/distributor software and/or services that are complementary or used in conjugation in Shieldox.
c. Accessibility and Function. User agrees that from time to time, the Shieldox Skills may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment (hardware) malfunctions; (ii) software malfunctions; (iii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iv) causes beyond the reasonable control of Company or which causes are not easonably foreseeable by Company. Company is not responsible, directly or indirectly, for the performance and/or reliability of third party vendor/distributor system, equipment or otherwise, or User’s Internet Service Provider (“ISP”).
d. Equipment. User shall be solely responsible for providing, maintaining, and ensuring compatibility with the Shieldox App, all hardware, software, electrical and other physical requirements for User’s use of the Shieldox App including, without limitation, telecommunications and Internet connection(s), ISP, web browsers and/or other equipment, programs and services required to access and use the Shieldox App.
e. Grant of License. Company grants User, pursuant to the terms and conditions of this Agreement, a non-exclusive, limited, revocable, non-transferable, non-sublicenseable right and license to use the Shieldox Skills for User’s personal purposes strictly for Access share and manage their documents and files synced from different file sources into the Shieldox Cloud and made available on users devices like PC, Mobile device and others as may be published on Company publications from time to time. User’s right and license to use the Shieldox Skills shall be conditioned on User’s compliance with the terms of this Agreement, and User's license granted under this Section shall terminate immediately upon User's breach of the terms of this Agreement.
2. Security of User’s System:
User shall be solely responsible for the security, confidentiality, and integrity of all messages and the content that User receives, transmits through or stores via the Shieldox Skills or on any computer or related equipment that is used to access the Shieldox Skills. User shall be solely responsible for any authorized or unauthorized access to User’s account by any person, entity, partnership, organization, association, or otherwise.
b. Term/Automatic renewal. The term of this agreement shall begin upon User’s commencement of the Shieldox App and shall continue until terminated pursuant to Section 6.
c. Upgrades. During the term of the license User shall be entitled to Shieldox Skills upgrades as provided in the sole discretion of Company. User’s entitlement to upgrades shall be limited to the specific edition of the Shieldox Skills for which the User is licensed.
4. User Representations:
User represents and warrants to Company that: (a) User is over the age of eighteen (18) and has the power and authority to enter into and perform User's obligations under this Agreement; (b) all information provided by User to Company is truthful, accurate and complete; (c) User is the authorized signatory of the credit or charge card provided to Company to pay the Fees; (d) User shall comply with all terms and conditions of this Agreement including, without limitation, the provisions set forth in Section 5; (e) User, and not the Company, is solely responsible for the security and use of User’s login and password; (f) User has provided and shall provide accurate and complete registration information including, without limitation, User’s legal name, address, email address, and telephone number; and (g) User acknowledges that all right, title, and interest to the Shieldox App belongs to Company. Company reserves all rights not expressly granted to User in this Agreement and that the User may not sublicense, transfer, or assign the Shieldox App, directly or indirectly, to any person, entity, partnership, organization, association or otherwise, for any reason.
5. Prohibited Uses:
a. Errors, Acts, Omissions and Unacceptable Use. User, directly or indirectly, agrees not to engage in, facilitate, or encourage any unacceptable use of the Shieldox App. Unacceptable use includes, without limitation, use of the Shieldox App to: (i) disseminate, store or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (ii) disseminate or transmit material that, to a reasonable person may be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate, store or transmit files, graphics, software or other material that actually, impliedly, or potentially infringes the copyright, trademark, patent, trade secret, trade name or other intellectual property right of any person, entity, partnership, organization, association or otherwise; (iv) create a false identity or to otherwise attempt to mislead any person, entity, partnership, organization, association or otherwise, as to the identity or origin of any communication; (v) distribute, re-distribute, or permit transfer of content in violation of any export or import law and/or regulation or restriction of the United States of America and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Shieldox Skills or any other computer network; (vii) disseminate, store or transmit viruses or any other malicious code or program; or (viii) engage in any other activity deemed by the Company, in its sole discretion, to be in conflict with the spirit or intent of this Agreement.
b. Dissemination. User may not disseminate software, username(s) and/or password(s) to any other person, entity, partnership, organization, association or otherwise. Internet Protocol (“IP”) addresses may be recorded by the Shieldox App to prevent account misuse.
This Agreement is effective upon User’s acceptance as set forth herein and shall continue in full force until terminated. User may terminate this Agreement for any reason by uninstalling or ceasing user of the Shieldox Skills. Company reserves the right, in its sole discretion and without prior notice to User, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Shieldox Skills; (b) suspend User’s access to or use of all or any portion of the Shieldox App; and (c) terminate this Agreement.
7. Disclaimer of Warranties:
THE SHIELDOX SKILLS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SHIELDOX SKILLS ARE AT USER'S SOLE RISK. COMPANY NEITHER WARRANTS THAT THE SHIELDOX SKILLS WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SHIELDOX SKILLS. COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RELATION TO THE SHIELDOX SKILLS. COMPANY MAKES ABSOLUTELY NO WARRANTIES WITH REFERENCE TO THIRD PARTY SOFTWARE AND/OR SERVICES USER MAY USE ALONG WITH THE SHIELDOX SKILLS.
8. Limitation of Liability:
a. UNDER NO CIRCUMSTANCES SHALL COMPANY, DIRECTLY OR INDIRECTLY, BE LIABLE TO USER OR ANY OTHER PERSON, ENTITY, PARTNERSHIP, ORGANIZATION, ASSOCIATION OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SHIELDOX SKILLS OR THE INTERNET IN GENERAL, INCLUDING, WITHOUT LIMITATION, USER'S USE OR INABILITY TO USE THE SHIELDOX SKILLS, ANY CHANGES TO OR INACCESSIBILITY OF THE SHIELDOX SKILLS, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SHIELDOX SKILLS, OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SHIELDOX SKILLS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE.
b. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY FOR ANY DAMAGES EXCEED THE TOTAL FEES PAID BY USER TO COMPANY HEREUNDER. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SHIELDOX SKILLS, USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SHIELDOX SKILLS AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6.
c. COMPANY IS NOT LIABLE FOR ANY ITEMS VIEWED OR TRANSMITTED VIA THE SHIELDOX SKILLS.
d. COMPANY IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY ACTS TAKING PLACE WHICH ARE NOT VIEWED OR TRANSMITTED VIA THE SHIELDOX SKILLS.
e. COMPANY IS NOT OBLIGATED, DIRECTLY OR INDIRECTLY, TO TAKE ANY STEPS TO PREVENT OR CORRECT ANY ILLEGAL, ABUSIVE OR OTHERWISE INAPPROPRIATE ACTIVITY PERFORMED BY USER, NOR IS COMPANY OBLIGATED, DIRECTLY OR INDIRECTLY, TO ARCHIVE OR OTHERWISE MAINTAIN OTHER REPRODUCTION OF THE CONTENT THAT APPEARS OR IS TRANSMITTED ON THE SHIELDOX SKILLS FOR FUTURE REFERENCE.
f. COMPANY IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY ACTION OR INACTION WITH RESPECT TO ANY CONTENT ON THE SHIELDOX SKILLS.
g. COMPANY IS NOT RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR COMPLIANCE OR LACK THEREOF BY ANY THIRD-PARTY VENDORS WITH RESPECT TO ANY APPLICABLE LAWS AND REGULATIONS.
h. COMPANY MAKES SIGNIFICANT EFFORTS MEETING OR EXCEEDING INDUSTRY STANDARDS TO INSURE THE SECURITY AND/OR FUNCTIONALITY OF SHIELDOX SKILLS RELATED INTERNET TRANSMISSIONS BUT, DUE TO THE INHERENT NATURE OF THE INTERNET, CANNOT GUARANTEE OR WARRANT FUNCTIONALITY AND/OR SECURITY OF INTERNET TRANSMISSIONS.
User agrees to indemnify, hold harmless, and defend Company, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, entity, partnership, organization, association or otherwise, arising out of or relating to: (a) this Agreement; (b) User's use of the Shieldox Skills, including any data or work transmitted or received by User; and (c) any unacceptable use of the Shieldox Skills, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable in Section 5.
Information Collection And Use:
While using Shieldox App, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, email address, postal address and phone number ("Personal Information").
Like many site operators, we collect information that your Shieldox Skills sends whenever you Operate Shieldox App or visit Shieldox Web Site ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages contacts information and communications, and other statistics.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive. Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
a. Amendment. Company shall have the right, at any time and without prior written notice to or consent from User, to add to or modify the terms of this Agreement, simply by delivering such amended terms to User by e-mail at the address provided to Company by User or by requiring the User to accept an updated Agreement upon accessing the Shieldox Skills. User's access to or use of the Shieldox Skills after the date such amended terms are delivered to User shall be deemed to constitute acceptance of such amended terms.
b. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
c. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision shall be enforced to the maximum extent possible and the other provisions shall remain fully effective and enforceable.
d. Notice. All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail or when sent by facsimile or e-mail to either parties' last known post office, facsimile or e-mail address, respectively. User hereby consents to notice by e-mail. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party.
e. Governing Law/Venue. This Agreement shall be construed and governed under and by the laws of the State of Illinois for contracts executed and to be performed within Israel. The parties agree that exclusive venue for any legal action relating hereto shall be in Tel Aviv, Israel, and jurisdiction shall be vested in the Tel Aviv District Court in and for Israel County as the case may be. The parties agree not to contest the venue set forth herein and to submit to, and not contest, the exercise of personal jurisdiction over them by any of the foregoing courts. The parties hereby waive all rights concerning the exercise of personal jurisdiction of them by the foregoing courts and all claims of or concerning forum non-convenience in the foregoing forums.
g. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by causes beyond the reasonable control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes.
g. Survival. The terms and provisions of sections 2, 3, 4, 5, 7, 8, 9, 10 and 11 shall survive any termination or expiration of this Agreement.
h. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Shieldox Skills and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Shieldox Skills.
Copyright 2017 Shieldox Technologies Ltd.