Terms of Service

Edgy Bees Terms and Conditions

 

Edgy Bees Ltd. (“Edgy Bees”) makes available its mobile location app (the “App”) which is used to provide the users’ geo-location to users of EdgyBees’ augmented reality application ‘First Response’ and the command and control center software related thereto who are in the same organization as the user of the App. These Terms and Conditions (these “Terms”) govern your implementation and use of the App. By accepting these Terms and/or by using the App you agree to be bound by the Terms.

 

  1. Service. Subject to the terms and conditions hereof, and to the insertion of an organization code identifying the organization with which your geo-location should be shared, you shall be allowed to activate the App during the term of your organization’s subscription to the First Response Application on a non-exclusive basis. Organization codes will be given to your organization upon their purchase of a subscription to the First Response Application (a “Subscription”).

 

  1. Registration. In order to use the App, you will be required to register with Edgy Bees by providing your name and organization code.

 

  1. Restrictions. Except as set forth expressly herein, You shall not, and shall not permit any third party, to (a) reverse engineer, decompile or attempt to find the underlying code of, the App; (b) modify the App, or circumvent any security or access control measures of the App, (c) copy, frame or mirror the App or use the App to provide service to any third party, (d) use the App to store or transmit any viruses, worms, time bombs, Trojan horses, or any other harmful or malicious code, files, scripts, agents or programs (e) sublicense, distribute, or provide any third party with access to the App or (f) use the App in any manner not permitted under the terms of these Terms. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, you shall inform Edgy Bees in writing in each instance prior to engaging in the activities set forth above.

 

  1. Revenue & Payment. There is no cost for your use of the App other than the cost paid for the Subscription.

 

  1. Intellectual Property. As between the parties, Edgy Bees shall have all right, title and interest in the App, and all software that provides the App. If you provide Edgy Bees with any feedback regarding the App, Edgy Bees and its affiliates may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback. Nothing in these Terms shall be interpreted to provide you any rights in the App except the limited right to use the App subject to the terms and conditions hereof.

 

  1. Privacy. By accepting these Terms and/or by using the App you also agree to be bound by Edgy Bees’ privacy policy, available at https://edgybees.com/terms-and-conditions-fr/, which Edgy Bees may amend and update in its sole discretion, and which is hereby incorporated into these Terms. You further agree to Edgy Bees’ collection, use and storage of data as set forth in the Edgy Bees privacy policy.

 

  1. Limited Warranties; Disclaimers. You hereby represent and warrant that: (i) you have all right, power, and authority necessary to enter into these Terms and perform your obligations hereunder; and (ii) your performance of these Terms and Edgy Bees’ exercise of its rights under these Terms, will not breach or violate any statutory or contractual obligation by which you may be bound. Except as expressly set forth herein, the App is made available on an “as is” basis and Edgy Bees makes no warranties or representations regarding the App and disclaims all implied and statutory warranties, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, accuracy, reliability or non-infringement. No other document or oral statements made by Edgy Bees or its representatives shall be deemed to provide any warranty or representation unless expressly set forth herein. Edgy Bees makes no warranties regarding any benefits that You may obtain (if any) through your use of the APP.

 

  1. Indemnification. You shall defend, indemnify and hold harmless Edgy Bees (and its affiliates, officers, directors and employees) from and against any and all damages, costs, losses, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which Edgy Bees may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to: (i) any breach of these Terms by you, and/or (ii) your use of the App. You may not settle or compromise such suit without the written consent of Edgy Bees. Edgy Bees may be represented in any such suit by counsel of its own choosing at its own expense.

 

  1. Limitation of Liability.

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YOU ACCEPT AND ACKNOWLEDGE THAT ANY MALFUNCTION, ERROR, INACCURACY OR MISUSE OF THE APP MAY RESULT IN DAMAGE, HUMAN INJURY, AND/OR DEATH TO BOTH USERS OF THE APP AND TO THIRD PARTIES. YOU FURTHER ACCEPT AND ACKNOWLEDGE THAT EDGYBEES MAKES NO WARRANTIES WHATSOEVER REGARDING THE APP’S FUNCTIONALITY AND THAT THE APP MAY CONTAIN OR PRODUCE MALFUNCTIONS, ERRORS OR INACCURACIES THAT RESULT IN SUCH DAMAGE, INJURY OR DEATH. BY USING THIS APP YOU HEREBY AGREE TO TAKE UPON YOURSELF AND TO EXONERATE EDGYBEES FROM ALL RESPONSIBILITY FOR SUCH POTENTIAL DAMAGE, INJURY OR DEATH.

 

AS A RESULT AND IN ACKNOWLEDGEMENT OF SUCH RISKS, IF YOU ELECT TO USE THE APP YOU HEREBY IRREVOCABLY RELEASE EDGYBEES (AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, SHAREHOLDERS, ADVISORS AND THIRD PARTY DATA SERVICE PROVIDERS) FROM AND WAIVE ANY AND ALL CLAIMS AGAINST EDGYBEES (AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, SHAREHOLDERS, ADVISORS AND THIRD PARTY DATA SERVICE PROVIDERS) RELATED TO YOUR USE OF THE APP AND IN RELATION TO ANY DAMAGE, INJURY OR DEATH CAUSED EITHER DIRECTLY OR INDIRECTLY BY THE APP OR YOUR USE THEREOF. FURTHERMORE, YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EDGYBEES (AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, SHAREHOLDERS, ADVISORS AND THIRD PARTY DATA SERVICE PROVIDERS) FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, LOSSES, LIABILITIES OR EXPENSES (INCLUDING COURT COSTS AND ATTORNEYS’ FEES) WHICH EDGYBEES (AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, SHAREHOLDERS, ADVISORS AND THIRD PARTY DATA SERVICE PROVIDERS) MAY SUFFER OR INCUR IN CONNECTION WITH ANY CLAIM, DEMAND, ACTION OR OTHER PROCEEDING BY ANY THIRD PARTY TO THE EXTENT BASED ON ANY CLAIM RELATING TO OR INVOLVING IN ANY WAY YOUR USE OF THE APP.

 

WITHOUT DEROGATING IN ANY WAY FROM THE ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT EDGYBEES AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR SAVINGS, DOWNTIME, CORRUPTION OR REPLACEMENT OF PROGRAMS AND DATA, DAMAGE TO YOURS OR TO THIRD PARTIES’ PERSONS OR PROPERTIES, DEATH OR OTHER TANGIBLE OR INTANGIBLE LOSSES), EVEN IF EDGYBEES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER ARISING OUT OF (A) THE USE OF THE APP; (B) THE CONTENT ON THE APP; (C) ANY ERROR, MALFUNCTION OR INACCURACY OF THE APP; (D) ANY DECISION MADE OR ACTION TAKEN BY RELIANCE UPON THE APP OR INFORMATION/CONTENT, DATA, SUFFESTIONS RECCOMENDATIONS PROVIDED BY OR IN CONNECTION WITH THE APP WHETHER PROVIDED BY EDGYBEES OR BY OTHER USERS OF THE APP OR THIRD PARTIES; AND/OR (E) THE INABILITY TO USE THE APP, INCLUDING BUT NOT LIMITED TO INABILITY TO ACCESS THE APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT OR TORT, PRODUCT LIABILITY OR OTHERWISE INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT) OF EDGYBEES OR ITS AFFILIATES, AND THEIR THIRD-PARTY SERVICE PROVIDERS.

 

YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP, AND USE OF ALL DATA, INFORMATION, RECOMMENDATION AND SUGGESTIONS MADE AVAILABLE THROUGH THE APP OR OTHERWISE BY EDGYBEES IS AT YOUR SOLE DISCRETION AND RISK AND ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES.

 

ALL LIMITATIONS, DISCLAIMERS AND RIGHTS STATED HEREIN FOR THE BENEFIT OF EDGYBEES ALSO APPLY TO EDGYBEES’ AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AS THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT.  LAWS IN SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

 

  1. Termination. Edgy Bees may terminate your right to use the App immediately with written notice if it has reason to believe that you are in breach of any provision of these Terms or are using the App in an improper, unlawful or illegal manner. Edgy Bees may suspend the use of the App at any time to the extent necessary to prevent the spread of malware or viruses or as may be required by applicable law or regulation.

 

  1. Miscellaneous. These Terms, together with Edgy Bees’ privacy policy, represent the entire agreement between the parties regarding the subject matter hereof and supersede any and all other agreements between the parties, whether written or oral, regarding the subject matter hereof. Edgy Bees may make updates, modifications or improvements to the App from time to time in its sole discretion. Edgy Bees may provide you with notices required hereunder by contacting you at any email address you provided. Edgy Bees may assign its rights or obligations pursuant to these Terms. You agree not to assign (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control) any rights under these Terms; any attempted assignment by you shall be void. If any part of these Terms shall be held to be invalid or unenforceable, such part shall be interpreted to give the maximum force possible to such terms as possible under applicable law, and such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect. These Terms shall be governed by the laws of the State of Israel, and the competent courts in the city of Tel Aviv, Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. The parties are independent contractors and nothing in these Terms will be construed to create a partnership, joint venture, agency or other relationship between the parties. Neither party will be liable for any failure to perform due to causes beyond the party’s reasonable control. The headings herein and in these Terms are for the convenience of reference only and have no legal effect. Edgy Bees may modify these Terms at any time, such updated terms will be uploaded to https://edgybees.com/terms-and-conditions-fr/ and you will be notified within 10 days of any change to the Terms. Your continued use of the Terms following any change shall constitute acceptance of the updated Terms.

 

Terms last updated January 2018.