RIDARTECH™ Communicator End User License Agreement (EULA)
End User License Agreement
The following key points of the End User License Agreement are only brought for your convenience. These key points do not substitute the full Agreement.
- Welcome. Welcome to RIDARTECH™ Communicator, an online service for documenting and sharing content related to construction Projects. Our Apps are the designated applications for Android tablet devices and smartphones and our web-based interface. more
- License and User Account. Subject to these Terms, we grant you a limited and restricted license to use the App and the Service, through a user account. more
- Use and restrictions. You only may access and post Content for the purpose of participating in, or contributing to, the Project. You may receive Service email notifications regarding Content in Projects that you are listed in. You may not use the Service in any objectionable manner listed in this Agreement. more
- Content and dealings. The Content accessible on the Service originates from other users. We make no representation or judgment about the accuracy, adequacy, completeness, validity or legality of such Content. All interactions and dealings regarding Content are strictly between you and the relevant users of the Service, not us. You may only post lawful, non-infringing Content. By posting Content, you give us certain rights to it and we may remove or block any Content you posted. more
- Intellectual property. We and our licensors own all intellectual property rights, title and interest in and to the Service. more
- Content Removal. Requests to remove Content that allegedly infringe third party rights must be made in accordance with our Content Removal Policy. more
- Changes in the Service. We may change the layout, scope and features of the Service and discontinue or terminate the operation of the Service, all without giving any prior notice. You give us permission to remotely send and automatically install on your mobile or tablet device, code or settings changes in the App. more
- Support, availability and quality. The availability, quality and functionality of the Service depend on various factors, which are not fault free. We may, but are not obligated to, offer technical support. more
- Changes to the Terms. We may change the Terms by providing you advance notice. Your continued use of the Service after the effective date of the amended Terms constitutes your consent. If you do not agree to the amended Terms, we may terminate these Terms and your account on the Service. more
- Termination. You may terminate these Terms by providing us written notice and completely removing the App from all your devices. We may terminate these Terms by means such as issuing you a notice or
blocking your access to the Service. Termination of these Terms and uninstalling the App will not remove Content that you have posted. Some provisions of these Terms will survive termination. more
- Governing Law & Jurisdiction. The Terms and use of the Service are governed by the laws of Israel and subject to the exclusive jurisdiction of the courts in Tel-Aviv. more
- Additional provisions. THE TERMS INCLUDE ADDITIONAL PROVISIONS THAT YOU SHOULD CAREFULLY READ, SUCH AS PROVISIONS REGARDING WARRANTY, LIMITED LIABILITY, INDEMNIFICATION AND ASSIGNMENT.
- Contact us. You may contact us with any questions that you may have at:firstname.lastname@example.org.
Welcome to RIDARTECH™ Communicator, an online service (the “Service”) for documenting, sharing, reporting, synchronizing and archiving content related to construction projects (“Projects”). Our designated applications for Android tablet devices and smartphones, and our designated web-based interface, which are used to access the Service, constitute an integral component of the Service and will all be referred to as the “App”.
The Service is owned and operated by Ridar Technologies Ltd. (“we”, “us” and “>our”). Please carefully read the following End User License Agreement (the “Terms“). By using or accessing the Service, you agree to be bound by the Terms. If you do not agree to the Terms, you may not use the Service.
If you are under the age of 18 you may not use the Service in any way. By using the Service, you declare that you are 18 years of age or older.
Your use of the App may be subject to terms and conditions that govern the use of mobile or tablet devices, such as the terms governing the use of Android or Google Play. You bear the sole and exclusive responsibility for complying with any terms and conditions that may additionally apply.
Subject to these Terms, we grant you a worldwide, limited, revocable, non-exclusive, non-sub-licensable, non-transferable, right and license, until the termination or expiration of these Terms, to download and install the App on your smartphone or Android tablet device, and use the Service through such App in accordance with these Terms.
The App may use or may be provided with third party software (“Third Party Software”), including those detailed in the accompanying documentation or NOTICES file that may have been conveyed to you. To the extent so stipulated by the license that governs each Third Party Software (“Third Party EULA“), each such Third Party Software is directly licensed to you from its respective licensors, not sublicensed from us, and is subject to its respective Third Party EULA, not to these Terms. If, and to the extent, a Third Party EULA requires that these Terms effectively impose, or incorporate by reference, certain disclaimers, provisions, prohibitions or restrictions, then such disclaimers, provisions, prohibitions or restrictions shall be deemed to be imposed, or incorporated by reference into these Terms, as required, and shall supersede any conflicting provision of these Terms, solely with respect to the corresponding Third Party Software which is governed by such Third Party EULA.
If, and to the extent, a Third Party EULA requires that the source code of its corresponding Third Party Software be made available to you, and such source code was not delivered to you with the App, then we hereby extend a written offer, valid for the period prescribed in such Third Party EULA, to obtain a copy of the source code of the corresponding Third Party Software, from us. To take up this offer, contact us at: email@example.com.
Your access to and use of the Service is facilitated through a user account. You are prohibited from selling or transferring your account in any other way, to any third party.
Use of the Service and restrictions
Subject to the Terms, your user account access privileges and the Service’s technical features, you may access, view and post images, video clips, voice recordings, documents, plans, drawings, notes, comments, and other types of content that the Service supports (collectively, the “Content”), on the Service. You may only do so for the purpose of participating in, or contributing to, the furtherance of the Project to which the Content is related. You acknowledge and agree that you may receive Service email notifications regarding Content that has been added, modified or commented on, in Projects that you are listed in. Use of the Service requires an online (Wi-Fi or cellular data) connection between your smartphone or tablet device and the Internet. You are solely responsible for all costs and expenses of such Internet connection. You are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf. When using the Service, you must refrain from
- Violating any rules, guidelines or instructions that we may convey with respect to the Service;
- Interfering with or disrupting the functionality of the Service;
- Breaching the security of the App or identifying any security vulnerabilities in it;
- Circumventing or manipulating the operation or functionality of the Service, or attempting to enabl features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
- Sending automated or machine generated queries;
- Using robots, crawlers and similar applications to scrape, harvest, collect or compile Content from the Service;
- Posting false, inaccurate, deceptive or misleading Content;
- Displaying the Service or any part thereof in an exposed or concealed frame, or linking to Content on the Service, independently from manner on which they originally appear;
- Impersonating any person or entity, or making any false statement pertaining to your identity;
- Collecting or processing personal information of the Service’s users;
- Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy. You may not post, disseminate, transmit or otherwise communicate through the Service any Content that:
- May infringe rights of other parties, including patents, copyrights, trade secrets, trademarks, a person’s right to privacy or right of publicity;
- May depict or identify minors, their personal details, their address or ways to contact them;
- May include software viruses, spyware or any other malicious applications;
- May, through posting, publication, dissemination, or making available to the public, be prohibited by any applicable law, including court orders;
- May be threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable; or
- May include unsolicited commercial communications (‘spam’).
You may not access or use the Service in order to develop or create a similar or competitive product or service.
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT, OR BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE, IF WE, IN OUR SOLE DISCRETION, BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR ABUSIVELY.
Content and dealings
The Content accessible on the Service originates from other users. We make no representation or judgment about the accuracy, adequacy, completeness, credibility, authenticity, validity, integrity or legality of such Content. You assume full and exclusive responsibility for your reliance on the Content, and for all consequences resulting therefrom.
Any and all communications between you and other users, all engagements, dealings and transactions that you make with other users of the Service, and other consequences resulting from the above, are strictly between you and the relevant user of the Service. We are not a party to those communications, interactions, dealings, engagements and transactions.
YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT THAT YOU UPLOAD TO AND POST ON THE SERVICE. WE DO NOT NORMALLY EXAMINE, APPROVE OR DISQUALIFY CONTENT THAT YOU OR OTHERS HAVE POSTED, BUT WE RESERVE THE RIGHT TO DO SO. WE DO NOT CLAIM OWNERSHIP OVER THE CONTENT THAT YOU POST ON THE SERVICE. WHEN YOU USE THE SERVICE TO DO THIS, YOU REPRESENT AND WARRANT TO US THAT:
- YOU ARE THE RIGHTFUL OWNER OF ALL RIGHTS TO SUCH CONTENT OR ARE LAWFULLY LICENSED BY ALL THE RIGHTFUL OWNERS OF ALL INTELLECTUAL-PROPERTY PROTECTED ELEMENTS COMPRISING THE CONTENT, TO POST SUCH CONTENT ON THE SERVICE;
- YOU ARE LAWFULLY ENTITLED TO GRANT US THE LICENSES IN AND TO SUCH CONTENT, AS CONTEMPLATED BY THESE TERMS;
- YOU LAWFULLY OBTAINED THE CONSENT OF ALL INDIVIDUALS THAT MAY BE DEPICTED OR SHOWN IN THE CONTENT, OR WHOSE PERSONAL INFORMATION OR AFFAIRS MAY BE DEPICTED OR SHOWN IN THE CONTENT, TO UPLOAD AND USE SUCH CONTENT FOR THE PURPOSES AND IN THE MANNERS CONTEMPLATED BY THESE TERMS;
- CREATING THE CONTENT, UPLOADING IT TO AND POSTING IT ON THE SERVICE, DOES NOT INFRINGE ON ANY RIGHTS OF THIRD PARTIES, INCLUDING INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS AND PUBLICITY RIGHTS.
By posting Content on the Service, you grant us an irrevocable, royalty-free, worldwide, non-exclusive, sub licenseable and transferrable license, to copy, distribute, display, adapt, make available to the public, sub-license, make commercial use of, modify and create derivative works of such Content, for the purpose of operating the Service and providing it to users. You further waive all moral rights and rights of attribution with respect to your Content. We may, at any time, and without prior notice to you, remove any Content you have posted on or through the Service, without any liability to you, if we, in our sole discretion, believe that the Content violates these Terms.
We and our licensors own all rights, title and interest in and to the Service, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith.
Other than as expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Service, any part thereof or any the Content on or of the Service (except for Content that you exclusively own all intellectual property rights in), either by yourself or by a third party on your behalf, in any way or by any means.
You may not use any name, mark, logo or domain name that is similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute, or tarnish our goodwill.
Requests to remove Content from the Service
Any requests to remove Content that purportedly infringes or violates third party rights, such as copyright or privacy, from the Service, must be made in accordance with our Content Takedown Policy.
Changes in the Service; discontinuation
We may, but are not obligated to, maintain the Service with periodic releases of bug fixes, code updates or upgrades. We will determine, in our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), for any of these releases or the lack thereof.
You grant us your express consent to remotely send and automatically install on your smartphone or tablet device, without any prior or additional notice, updates, upgrades, code modifications, enhancements, bug fixes, improvements and any other form of code or settings changes in or to the App, which, among other things, may change the App’s settings, layout, design or display.
We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service or the Content.
Such changes, by their nature, may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
We may, at any time and in our sole discretion, discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. We may also suspend the provision of the Service, in whole, or in part, for all users, or for certain users, for periodic maintenance or similar purposes, without any liability to you.
Service support, availability and quality
We may, but are not obligated to, offer technical support in connection with your use of the Service, in the format, frequency, scope and scheme that we, in our sole discretion, determine from time to time. You will have no plea, claim or demand against us or our Staff in any matter related to our provision of technical support, or for the lack thereof.
The availability, quality and functionality of the Service depends on various factors, including software, hardware, communication networks and quality of cellular network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free.
Changes to the Terms
From time to time, we may change the Terms, by providing you notice of such changes. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. In case of legal requirement, we may also introduce immediate changes to the Terms and require that you accept them. In any event, if you do not consent to the amended Terms, we may terminate these Terms and your account and block your access to, and use of, the Service. The latest version of the Terms will always be accessible through the App.
DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, THE APP AND THE CONTENT, OR THE SKILLS, QUALIFICATIONS OR CREDENTIALS OF THE USERS THAT POST CONTENT ON THE SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RELIABILITY, LEGAL COMPLIANCE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.
THE SERVICE DOES NOT PURPORT TO PROVIDE ANY ARCHITECTURAL, ENGINEERING OR OTHER PROFESSIONAL CONSTRUCTION-RELATED ADVICE, GUIDANCE, PLANNING, CONSULTATION OR ASSISTANCE.
LIMITATION OF LIABILITY
WE AND OUR STAFF SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE USE OF, OR THE INABILITY TO USE THE SERVICE OR THE CONTENT PRESENTED THROUGH THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM YOUR RELIANCE ON THE CONTENT, OR FROM ANY INJURIES OR DAMAGES SUSTAINED IN CONNECTION WITH THE PROJECT CONSTRUCTION SITE, OR FROM ANY LEGAL, CONTRACTUAL OR STANDARDIZATION NON-COMPLIANCE OF THE CONTENT, OR FROM ANY FAULTS, ERROR, DELAYS OR MISHAPS IN THE PROJECT, OR FROM ANY MISCOMMUNICATIONS BETWEEN YOU AND OTHER USERS OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS WITH OTHER USERS OF THE SERVICE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of the Service, your breach of the Terms, your violation, or infringement of any other person’s rights, or your activities, Content and communications on or through the Service.
Termination of these Terms
You may, at any time terminate these Terms by doing all the following:
- Completely removing the App from all smartphone and tablet devices in your possession or control; and
- Providing us written notice of termination.
We may terminate these Terms and your license to use the Service, in eventualities described in these Terms, by issuing you a notice of such termination, blocking your access to and use of the Service, or in any other manner contemplated by these Terms. Upon termination by us, you must discontinue any and all use of the Service and uninstall the App from all smartphone and tablet devices in your possession or control.
Consequences of termination
Neither the termination of these Terms nor your removal of the App from your smartphone and tablet devices will delete your account on the Service or remove the Content that you have previously uploaded to or posted on the Service.
The following sections shall survive any termination, or expiration of the Terms: Content and dealings, Your privacy, Intellectual property, Requests to remove Content from the Service, Limitation of Liability, Indemnity, Consequences of termination, Governing Law & Jurisdiction, General.
Governing Law & Jurisdiction
Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel.
Notwithstanding the foregoing, we may lodge a claim against you pursuant to the indemnity clause above, in any court adjudicating a third party claim against us.
The competent courts in the Tel-Aviv district in Israel will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to these Terms. You hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.
Whenever used in these Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
These Terms may only be modified by written amendment duly executed by us. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.
Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
You may not assign or transfer your rights and obligations under the Terms without our prior written consent. Any attempted or actual assignment by you, without our prior consent, shall be null and void. Notwithstanding the provisions of the Assignment of Obligations Law, we may assign these Terms in their entirety, including all right, duties, liabilities and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a merger, acquisition, change of control or the sale of all or substantially all of its equity or assets relating to the Agreement. By virtue of such assignment, the assignee assumes our stead, including all right, duties, liabilities and obligations.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
You may contact us with any questions or comments, at: firstname.lastname@example.org.
Last updated: March 3, 2015.