1. Preamble

    1. 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).
    2. The T&C shall apply to Your Use of Our mobile application called “Remoty”™ (the “App”). The Use of the App is subject to these T&C (including the Privacy Policy). Therefore, prior to Your first Use of the App (following completion of installation process) You will need to positively click on the “I agree let’s begin” button. By doing so, You hereby confirm that You have read, understood and agree to be bound by these T&C in their entirety (including, without limitations, the Privacy Policy). If You do not agree to the T&Cs in their entirety (including, without limitations, the Privacy Policy), You cannot Use the App, and You are required to un-install the App and remove it from Your mobile device.
    3. Furthermore, by accepting these T&C, You hereby (1) 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, and (2) You hereby acknowledge that You are familiar with and agree to the terms of our Privacy Policy (as defined below), which are available at www.remoty.com/privacy.
  2. Definitions

    1. 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.
    2. “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.
    3. “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 
    4. Individual” means a natural person.
    5. “Helper” means an Individual who wishes to provide assistance to A Helpee in solving a Challenge.  
    6. “Helpee” means an Individual who seeks for help and/or other assistance in solving a Challenge.
    7. “PII” and “NON-PII” shall have the meaning ascribed to them in the Privacy Policy.
    8. 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.
  3. The Use of the App

    1. 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).   
    2. Minimum requirements
      1. 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.
      2. The download of the App from the “Apple” App Store and the Use of it thereof currently is free of charge.
    3. Instruction for Registration
      1. 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.
      2. After the App is successfully downloaded to the recipient’s mobile device, each User (as a Helper or Helpee) will have to open an account, and to provide some informative details about itself (such as password, full name, e-mail address) in order to complete the registration process. Such informative information may include PII, and may differ between the Helper and the Helpee (the “User Account“). Remoty shall use any information contained in the User Account according to the Privacy Policy.
      3. 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.
    4. Instructions for Use of the App. In order to expose a Helper to a Challenge, the Helpee will use a back facing camera and point it, during the Call-Session with the Helper to the required Challenge. Helpee has no ability to visually see the Helper, but will be able to hear and listen to Helper’s instructions. As opposed to Helpee, a Helper may be exposed to Challenge Related Information. We may be entitled to use and/or process the Challenge Related Information according to the terms set forth in Our Privacy Policy. The User is aware that each Call-Session will be recorded, and any information incorporated therein will be used by REMOTY for the purposes set forth in the Privacy Policy. At the end of each Call-Session, the Helper and Helpee may rate their Call-Session and provide additional information about the Call-Session.
    5. 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.
    6. 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.
  4. Ownership and Intellectual property rights

    1. 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.
    2. If You believe that any of Your intellectual property rights have been violated, please notify Us immediately at: privacy@remoty.com. 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.
  5. Grant of License

    Subject to Your Use of the App according to these T&C (including, without limitations, our Privacy Policy), We hereby grant You a worldwide, non-exclusive, non-transferable, non-sub licensable, limited and revocable license to download, install and Use a copy of the App on any Apple-branded Product that You legally own or control as permitted by the Usage Rules set forth in the App Store Terms of Services, except that such App may be accessed, acquired, and used by other accounts associated with You via Family Sharing or volume purchasing, all – only and solely for the Purpose set forth in Section ‎3 above. You may not Use it for any other purpose. Any software that updates, supplements, or replaces the original App is governed by these T&C unless separate license terms accompany such update, supplement, or replacement, in which case such separate terms will govern in the event of a conflict with these T&C, or as otherwise provided in such separate terms.

  6. License Limitations

    1. 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.
    2. 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.
  7. General Terms

    You (whether as a Helper or Helpee) represent and undertake as follows: 

    1. You will Use the App according to the terms herein and not abuse the Call-Session for any foreign purposes than the Purpose.

    2. (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.

  8. No Warranty and Disclaimers

    1. 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. 
    2. 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.
    3. 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.
    4. 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.
    5. 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).
  9. 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.

  10. Privacy Policy

    By downloading and/or using the App, as a Helper and/or Helpee (as the case may be) You hereby provide to REMOTY and/or REMOTY otherwise collects, directly or indirectly, including via the App, information about You or Your use of the App. Such collection of Information is governed by our privacy policy (as will be updated from time to time), which is available at www.remoty.com/privacy (above and hereinafter: the “Privacy Policy“). The Privacy Policy forms an integral part of this T&C, and by Using the App, You agree to be bound by its terms.

  11. Release and Indemnification

    You release, and agree to indemnify, defend and hold Us, our officers, directors, employees, shareholders, agents and affiliates, 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 this App not in accordance to the T&C (including the Privacy Policy).

  12. 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.

  13. Termination

    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.

  14. Age Restrictions

    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.

  15. Assignment

    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.

  16. Governing Law

    These T&C (together with the Privacy Policy) shall be governed by the laws of the State of Israel, and any matter, or dispute arising in connection with them or in connection with the App shall be subject to the exclusive jurisdiction of the courts of the State of Israel (without giving effect to its conflict of law’s provisions) (“Governing Law“).

  17. Severability

    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.

  18. No Waiver

    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.

  19. Entire Agreement

    These T&C, together with the Privacy Policy, constitute the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this T&C by any representations or promises not specifically stated herein. Any update of this T&C shall bind commencing on its publication (as detailed in the bottom of these T&C). We will post a prior notice prior to any update and/or amendment of these T&C.   

  20. 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.

  21. Contact Us

    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 privacy@remoty.com.   

Last Updated: 7 March, 2018