- These terms and conditions, as may be amended and/or updated from time to time (“T&C“) are the legal agreement between the person who is using the app, whether as a Helper or Helpee (“You” (including any alternations thereof) or “User“) whether as Helper and/or Helpee, as the case may be, and Remoty Visual Ltd (“REMOTY”, “We” or “Our” for short).
- “Call-Session” means a communication between a Helper and a Helpee regarding the Challenge. The Communication may be initiated both by a Helper or a Helpee (as the case may be) and executed by entering into a unique link created by the App, sent by the initiator of the communication, to the recipient.
- “Challenge” means some challenge(s) related to the operation or other related issue in a product and/or service, for which a Helpee requires Helper’s assistance with, in order to solve it.
- “Challenge Related Information” means any and all visual and/or audio and/or any other information, material, content and/or data, in whatever form and/or shape and/or size (including, without limitations, background voice/sound/data), which is presented to a Helper and/or otherwise disclosed to a Helper by a Helpee via the Helpee’s back facing camera during a Call-Session, or disclosed by the Helper/Helpee via their mobile phone microphone, all, whether intentionally or by mistake, and whether it is related to the Challenge or not. Such information, material, content and/or data may include Personally Identifiable Information (PII) about You and/or about any other Individual, and/or Non-PII.
- “Individual” means a natural person.
- “Helper” means an Individual who wishes to provide assistance to A Helpee in solving a Challenge.
- “Helpee” means an Individual who seeks for help and/or other assistance in solving a Challenge.
- “Use” means the download and installation of the App, including Your access and/or view and/or visit and/or browse in or to the App for the Purpose, all, whether as a Help and/or Helpee.
The Use of the App
- Limited Purpose. The App empowers people to help each other solve their Challenges remotely. The App uses the smartphone/tablet video camera, microphone, and augmented reality tools (including recording tools) to enable Helpers and Helpees connect to each other in a one-sided video conference through the App, to provide and/or receive (as the case may be) visual, step-by-step guidance from problem identification to repair instructions, installation assistance, and even “how-to” usability questions. The App shall be Used only for legitimate purpose of solving and/or otherwise assist in solving Challenges between a Helper and a Helpee ( “Purpose“), and not for any other Purpose. It is clarified that a Helpee and/or a Helper may not Use the App for any other purpose than the Purpose (including, without limitation, for committing a crime, abuse and/or conducting any other illegal action).
- Minimum requirements
- The App is available at, and should be downloaded by You (whether You are a Helper or Helpee) only from the “Apple” App Store. Minimum requirements for installation and use of the App: iOS 9 and above; During Your first Use of the App, You are requested to grant the App permission to use the microphone, camera, and to send notifications. Once You download and install the App, it is recommended to activate automatic updates for the App.
- The download of the App from the “Apple” App Store and the Use of it thereof currently is free of charge.
- Instruction for Registration
- In general, each User can independently download the App from the App Store. However, to the extent a specific User wishes to interest other User in the App, the initiator of the communication will send the recipient of such communication (each of which may be the Helper or the Helpee, as the case may be) a link to the direct location of the App in the “Apple” App Store. The recipient will be required to enter into the link and download the App.
- After the User Account is successfully completed, the User will receive a confirmation notice to its e-mail address, and will be able to Use the App and execute Call-Sessions. In each Call-Session, the User will need to indicate whether it wishes to Use the App as a Helper or as a Helpee. Please that the App allows executing one Call-Session at a time between a respective Helper and Helpee.
- Disclaimer. REMOTY has no control over the scope and/or nature of the Challenge Related Information, and therefore disclaims any and all responsibility and/or liability in relation to the use of it by the Helper or any other third party. The use of the App is at Your sole risk. It is Helpee’s sole and exclusive responsibility to limit the Challenge Related Information to the minimum extent required for solving the Challenge.
- Your responsibility. If You cease to use the App and/or if You transfer Your mobile device to someone else, then it is Your obligation to uninstall the App from Your mobile device. You are responsible for compliance with applicable local laws and regulations related to the use of, or otherwise connected with the App, including, without limitations to any terms and conditions dictated by the “Apple” App Store.
Ownership and Intellectual property rights
- In the relations between You and REMOTY, the App is owned by REMOTY and is protected by copyright and other intellectual-property laws and treaties. We, and our licensors, own any and all rights, title and interest in and to the App, including all copyright and other intellectual property rights in the App, and the limited license granted herein (as set forth in section 5 below) does not provide You with any title or ownership rights in or to the App.
- If You believe that any of Your intellectual property rights have been violated, please notify Us immediately at: firstname.lastname@example.org. For the avoidance of doubt, it is hereby clarified that Apple will not be in any way responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Grant of License
- REMOTY reserve all rights not expressly granted to You in these T&C. Without limiting the foregoing, You will not do, or authorize, or permit any third party to do any of the following, whether as a Helper or Helpee: (a) rent, lease, loan, license, sell, redistribute or sublicense the App; (b) distribute or copy the App; (c) crawl, reverse engineer, decompile, disassemble, or attempt to discover the source code for the App; (d) modify, alter, or create any derivative works of the App; (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the App; (f) You may not use the App 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; (g) You may not attempt to gain unauthorized access to the App, or any part of it, other accounts, computer systems or networks connected to the App through hacking or any other means or interfere or attempt to interfere with the proper working of the App or any activities conducted via the App by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. (h) You may not exploit the App in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
- While We use reasonable efforts to ensure that the App is free from viruses and other malicious content, neither We, nor any other party involved in producing, hosting or delivering the App assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, Your mobile device or other property on account of Your Use of the App. Except where required by applicable law, REMOTY shall not be liable to any 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 via the App.
You (whether as a Helper or Helpee) represent and undertake as follows:
You will Use the App according to the terms herein and not abuse the Call-Session for any foreign purposes than the Purpose.
(i) These T&C are concluded between You and REMOTY, and not between You and the Apple Inc. or any of their respective affiliates and/or subsidiaries (together shall be referred to, above and hereinafter, as “Apple“); (ii) Your Use of the App on Your mobile device is subject to Apple’s respective terms and conditions as available in the App Store (as may be amended from time to time by Apple), and You agree to be bound by such terms; (iii) Apple disclaims any and all responsibilities and warranties for: (a) for the license granted herein by REMOTY for the use of the App; (b) Your Information and any use of it by REMOTY; (c) maintenance and support services with respect to the App. in case of any problem, bug or other malfunction You can contact Us (see contact details below); (iv) Subject to section 9 below, in the event of any failure of this App to conform to the limited warranty herein (if and to the extent applicable), You may notify Apple, and Apple will refund You the purchase price for the App (if applicable) and to the maximum extent permitted by applicable law, such refund will be provided as a sole and exclusive remedy from Apple. Other than that, Apple disclaims any and all warranties or obligations whatsoever with respect to the App; (v) any claims You may have regarding the App (such as product liability, consumer protection, applicable legal or regulatory requirements etc.), shall not, in any case, be addressed to Apple, but rather to Us; (vi) By downloading the App 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 “terrorist supporting” country, and that You are not listed on any U.S. Government list of prohibited or restricted parties.
No Warranty and Disclaimers
- You expressly acknowledge, aware and agree that REMOTY does not execute any preliminary or other check regarding any User of the App. THE USE OF THE APP AND ANY THIRD PARTY SERVICES (INCLUDING ANY ADVICE YOU RECEIVE AND/OR OTHERWISE RELY UPON, INCLUDING IN PROFESSIONAL, MEDICAL, LEGAL, PERSONAL, OR FINANCIALS MATTERS) IS AT YOUR SOLE RISK. THE APP AND ANY THIRD PARTY SERVICES (TO THE EXTENT INCORPORATED IN THE APP) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTY OF ANY KIND.
- REMOTY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, ARISING BY LAW, OR OTHERWISE, REGARDING THE APP AND/OR ANY THIRD PARTY SERVICES (TO THE EXTENT INCORPORATED IN THE APP) AND THEIR PERFORMANCE, OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE CALL-SESSION (INCLUDING THE HELPER) WILL BE SUCCESSFUL AND ASSIST YOU IN ANY WAY.
- WITHOUT LIMITING THE FOREGOING, YOU ARE AWARE THAT THE APP IS HOSTED IN THE VIRTUAL STORE OF “APPLE” APP-STORE. REMOTY WILL COMPLY WITH ANY INSTRUCTION RECEVIED FROM “APPLE”, WHICH MAY RESULT IN CHANGES IN THE APP, THE REMOVAL OF THE APP FROM THE APP-STORE (WETHER TEMPORARILY OR PERMANENTLY, AND WHETHER IN WHOLE OR IN PART), AND MAY AFFECT ITS VAILABILITY. REMOTY DOES NOT WARRANT THAT THE APP WILL BE AVAILABLE, FREE OF BUGS, ERRORS, VIRUSES, OR OTHER DEFECTS, AND REMOTY SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF, OR INABILITY TO USE THE APP.
- WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, REMOTY MAY BE ENTITLED, AT ITS SOLE DISCRETION, TO REMOVE THE APP FROM THE APP-STORE AT ANY TIME AND FOR ANY REASON. ALSO, REMOTY SHALL BE ENTITLED TO CHANGE THE SCOPE OF THE APP, ADD AND/OR OMIT SOME FEATURES, CHARGE FOR THE USE OF THE APP, AND/OR EXECUTE AN OTHER ACTION, ACCORDING TO REMOTY’S SOLE DISCRETION.
- FURTHER, REMOTY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED REGARDING THE ACCURACY AND/OR RELIABILITY OF ANY INFORMATION (INCLUDING CHALLENGE RELATED INFORMATION) PRESENTED BY A HELPEE TO HELPER REGARDING A CHALLENGE, AND/OR THE QUALIFICATIONS AND/OR CAPABILITIES AND/OR EXPERIENCE OF A HELPER, AND OR TO THE QUALITY, RESULTS, OUTPUTS, IMPLICATIONS OR OTHER EFFECTS OF THE COMMUNICATION BETWEEN HELPER AND HELPEE VIA THE APP, WHETHER ON THEMSELVES OR ANY THIRD PARTY (INCLUDING THE IMPLICATIONS ON ANY TANGIBLE PROPERTY).
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REMOTY, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LIABILITIES WHATSOEVER ARISING FROM, OR RELATING TO THE APP, OR THESE T&C (INCLUDING THE PRIVACY NOTICE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF REMOTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE RELIEF AVAILABLE TO YOU IN ANY SUCH EVENT AND NOTWITHSTANDING THE PROVISIONS OF ANY LAW IS DISCONTINUANCE OF USING THE APP.
Release and Indemnification
Third Party Terms of Agreement
The App may contain links and reference to third party websites and/or include third-party component(s) and/or service(s) (“Third Party Services“). Without derogating from the generality of section 8.1 above, the Third Party Services are provided (if and to the extent provided, to Our sole discretion) as a convenience to You, and when You access to any such Third Party Services You must comply with the applicable Third Party Services’ terms and conditions. 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.
REMOTY may terminate these T&C and any User Account opened in connection with Your Use of the App at any time for any reason, or for no reason immediately upon notice. Upon such termination, You agree not to Use or copy the App (including any subsequent version of the App), or to register for any new User Account. In the event of the termination of the T&C for any reason: (a) the license granted to You to Use the App under these T&C will terminate immediately; (b) You must immediately upon receiving any notice of termination cease all Use of the App and destroy, or erase all copies of the App in Your possession or control.
Our Policy Towards Children. If you are not 18 years old or older, You may not Use the App and/or contacting Us and/or sending any Information about Yourself to Us. By Using the App You hereby warrant and represent that You are not under the age of 18.
You may not assign these T&C, or any of your rights under these T&C without the prior written consent of REMOTY, and any attempted assignment without such consent shall be void.
If any term of these T&C 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 T&C will remain in full force and effect.
No waiver of any right under the T&C will be deemed effective unless contained in writing signed by REMOTY, 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 T&C.
Third Party Beneficiaries
Currently, the App is provided to You free of charge. Apple shall be considered as third party beneficiaries of these T&C, and shall have the right (and will be deemed to have accepted the right) to enforce these T&C against You as a third party beneficiary.
Should you have any question or complain regarding the App and/or the license granted herein, You may contact us at: Remoty Visual Ltd., POB 716, Kfar Monash, 428750, Israel, or at email@example.com.
Last Updated: 7 March, 2018