Terms of use

A. Introduction

1. Bazz® application, owned by E.soof LTD. (hereinafter: “The Company“), enables recognition, decoding and conversion of messages such as SMS and/or MMS messages comprising texts, symbols and written contents to voice and audio contents in a user’s mobile device. Bazz®further enables automated user responses to those messages by using  preselected text strings chosen by the user in advance and/or by recording vocal responses and/or by automatically dialing to a message sender. These operations are solely triggered by the vocal responses and optionally without manual operation on the part of the user (hereinafter: “The Application“).

2. The user is required to carefully read all the terms of use of the application set forth herein below (hereinafter: “the terms of use“).

3. Downloading the application by the user shall be deemed as the user’s acknowledgment and acceptance of the terms of use without any exception and the user further acknowledges that the company has entered these terms in reliance upon the user’s acknowledgment and acceptance of these terms. The user further acknowledges and accepts, without any exceptions, the company’s statements, liabilities, disclaimers set forth herein below and the company’s limitations of liability set forth herein which are the basis of the terms of use and which bind the user.

4. If the user does not acknowledge, accepts and agrees to all the terms of use, in whole or in part, the user is required not to download and/or install and/or otherwise use the application. If the application is installed on the user’s mobile device, the user is required by the company to remove it.

5. The terms of use regulate the relationship between the user (e.g. individual and/or corporation and/or any other entity using the application) and the company and/or the company’s proprietors and/or managers and/or operators and/or workers and/or employees and/or agents and/or affiliates and/or representatives. Thus, the user declares that he/she read all of the terms of use and is aware of and agrees to all of them and agrees to act in accordance to them.

6. The terms of use are subject to changes from time to time and the user hereby gives prior consent to any of the change(s) and that any such change(s) shall apply and be valid with respect to the user and his/hers use of the application and/or with reference to his/hers obligations and/or acknowledgments and/or acceptance of the terms of use. The most updated terms of use can be found at the company’s website at www.bazz.co.

7. All captions provided in the terms of use are solely for convenience purposes and will not be used for interpretation purposes.

B. User’s Non-Exclusive License To Use The Application

8. The use of the application is prohibited to all users under the age of 18. By using the application, the user confirms and declares that he/she is over the age of 18.

9. The company allows any user over the age of 18 to purchase and/or to obtain a non-exclusive license to use the application as mentioned in Section 1 above (hereinafter: “The Non-Exclusive License“) and to download the application for lawful purposes only.

10. Where the user’s mobile device is owned by a third party, he/she is obliged to obtain the consent of that third party to download and use the application on the mobile device. The user hereby declares that he/she has already obtained such consent from the third party.

11. Installation and/or downloading of the application and/or obtaining and/or purchasing a non-exclusive license to use the application shall not constitute permission to use the application and/or its software and/or hardware otherwise than in strict compliance with the terms of use.

12. When installing and/or downloading the application, the user will be required to set several settings required for use of the application.

13. The user declares that he/she is fully aware and accepts that the application’s performance might be incomplete and/or might be incorrect and/or distorted, in whole or in part, due to various circumstances, technical and/or otherwise.

In particular, the user is fully aware and accepts that recognition and/or decoding and/or conversion of the texts and/or symbols and/or written contents by the application might be incomplete and/or might be incorrect and/or distorted, in whole or in part, due to various circumstances, technical and/or otherwise. Also, the user declares that he/she is fully aware that the application’s performance with respect of automating responses to the received message, such as SMS and/or MMS messages on the user’s personal mobile device, might not be complete and/or might be incorrect and/or distorted, in whole or in part, due to various circumstances, technical and/or otherwise.

The user shall have no plea and/or claim and/or demand against the company and/or its representatives in this matter and no remedies of any kind shall be credited to the user and the user hereby gives a full, final and absolute waiver of them in advance.

14. By using the application for response (by fixed text chosen by the user in advance and/or by recording a vocal response) to received messages, such as SMS and/or MMS messages, the user hereby declares and undertakes as follows:

14.1.The response will not contain any contents that violate and/or prohibited under any law, including but not limited to any illegal content and/or racial and/or offensive and/or hurtful and/or hostile and/or threating and/or encouraging criminal behavior and/or might be the basis for civil prosecution or liability and/or offending the public and/or amounting to slander and/or violating privacy and/or constituting any other violation of the Israeli laws and/or any other laws; and-

14.2.The response will not contain any content of any kind that may damage and/or might be harmful to the application and/or the company and/or other third parties and the user will not send any content via the application which includes “viruses” and/or “spiders” and/or “worms” and/or “junk mail” and/or “spam” and/or “Trojan horses”, etc.

15. The user will be solely responsible for any act and/or omission with respect to contents of any kind that will be received to his/hers mobile device and/or sent from his/hers mobile device by use of the application. It is thus agreed that the company will not monitor the user’s contents and will not be held responsible for such contents.

Notwithstanding the mentioned above, the company prohibits the user to use the application for any purpose contrary to any law and/or prohibited under any law.

16. The user undertakes not to record and/or to save and/or to backup the voice and/or audio converted messages sent to him/her via the application.

17. All responses sent by the user via the application to any third party will include an automatic text from the company stating as follows: the user’s response was sent via the application; the company’s name; link to the company’s website and/or to the application page at the “Google Play” store. The user undertakes not to alter and/or to hide and/or to conceal the said texts and/or links.

18. The application shall be available at the “Google Play” store. The application payment might change at any time, from free to an annual fee.  In case of a fee, the user can purchase a non-exclusive license and download the application to his/hers mobile device in exchange for a payment in advance as stated at the application page at the “Google Play” store. The payment might be updated from time to time under the company’s sole discretion for any reason and without prior notice.

19. The non-exclusive license in accordance with the terms of use is personal and cannot be assigned to another individual or entity. The user undertakes to download the application solely for the user’s private mobile device. The user undertakes not to transfer and/or sale the non-exclusive license to any third party and/or will not transfer the application to another mobile device (owned by the user and/or by others).

20. For the avoidance of doubt, where the user wishes to download the application more than once to his/hers mobile device and/or to download it to another mobile device/s, he/she undertakes to purchase and/or to obtain an additional non-exclusive license for each performed download.

21. User’s failure to comply with the terms of use, in whole or in part, can result in immediate blocking and/or suspension of his/hers access to the application by the company without prior notice under the sole discretion of the company. The company can terminate the user’s non-exclusive license and the user will not be entitled to any refund whatsoever.

22. The company reserves the right to cancel and/or terminate the user’s use of the application and/or non-exclusive license, including blocking his/hers access to the application and use thereof, under its sole discretion.

C. Intellectual Property

23. The company owns and holds all rights including licensees from third parties, with respect to all information and/or presentations and/or graphic designs and/or scripts and/or icons appearing on the application and/or in the source codes and/or software and/or hardware and/or in all of its trademarks and/or patents and/or trade secrets and/or creations, developed and/or designed and/or created by the company and/or on its behalf and all are subject to copyrights and other intellectual property rights under the laws of the state of Israel and all foreign laws. The company does not hold rights in the dictionary software and/or hardware used within the application.

For the avoidance of doubt, it is clarified that using the application and/or purchasing and/or obtaining a non-exclusive license do not grant the user and/or transfer to him/her any rights of the company’s rights in the application referred to above, in whole or in part, except for a non-exclusive license to use the application solely within the user’s mobile device in which the application was installed.

24. The user will not copy and/or reproduce and/or distribute and/or transfer and/or use the contents of the company presented in the application and/or the company’s rights and/or the company’s trademarks and/or patents and/or trade secrets and/or creations and/or make any action with them and/or use them, directly or indirectly, in any way, unless the company gave the user a prior written consent to do so.

25. The company reserves all rights not expressly granted in the terms of use.

D. Protection of privacy

26. The user undertakes to comply with all statutory requirements as they relate to maintaining and protecting the privacy of any third party, including all privacy of those who send messages, such as SMS and/or MMS messages to the user and/or the privacy of recipients of the user’s responses via the application.

27. During the process of downloading the application, the user will provide the company with the following identifying information (hereinafter ” identifying information“):

27.1. The user’s full name;

27.2. The user’s current e-mail address;

27.3.The user’s mobile phone number on which the application will be downloaded to.

If all of the aforementioned identifying information will not be fully provided to the company by the user, he/she will not be able to complete downloading the application to his/hers mobile device and will not be able to use it.

The user declares that the aforementioned identifying information is accurate, reliable, correct, and that the user is aware that failing to provide true and accurate information is a criminal offense by law.

The company under its sole discretion can elect to block the user from using the application. Specifically, the company under its sole discretion can elect to block the user from using the application where inaccurate, incomplete and/or false identifying information was provided by the user.The user will not be entitled to any refund whatsoever with respect to payment(s) he/she paid the company for downloading the application and/or for purchasing and/or obtaining the non-exclusive license.

28. The company may use, capture and store the following information:

28.1.The identifying information provided by the user as mentioned above;

28.2.The user’s internet protocol (IP) address and the domain name registry information associated with that IP address;

28.3.The user’s identification of his/hers internet browser, operating system and hardware platform he/she is using;

28.4. The date and time of the user’s use of the application;

28.5. The complete record of the user’s actions with the application;

28.6. Any other user’s behavior data.

29. Notwithstanding the foregoing, the company may share non-identifying user’s information with advertisers, business partners, funders and other agencies. The company will share specific personal identifying information of the user if required to comply with any legal process and/or legal provision such as a search warrant or subpoena for court of law.

30. The company undertakes to adopt precautions at its disposal in order to maintain the user’s personal details. In any scenario that is not controlled by the company and/or arising from force majeure, the company shall not be liable for any damages of any kind, direct or indirect, caused to the user and/or his/hers representatives, including where those details were lost and/or received by any third party and/or if the third party will use it without the company’s approval.

31. The company’s privacy policy is an integral part of the terms of use. The company may change its privacy policy from time to time and the user hereby gives his/hers prior consent to any such change and that all such changes shall apply and be valid with respect to the user. The most updated privacy policy can be found at the company’s website at www.bazz.co.

E. Limited liability of the company and/or its representatives

32. The user undertakes exclusive liability and responsibility with respect to his/hers use of the application and/or to all information and/or data and/or contents he/she received and/or sent by him/her to various recipients via the application. The company and/or its representatives and/or employees and/or agents and/or all others on its behalf shall not be liable and/or responsible for the user’s use of the application and/or to all information and/or data and/or contents he/she received via the application and/or converted and played via the application and/or sent by him/her to various recipients via the application whatsoever, with respect to the user and/or any third party.

33. The user hereby waives all remedies, compensation and/or remunerations of any kind against the company and/or its representatives and/or employees and/or agents and/or all others on its behalf with respect to the use of the application and/or the non-exclusive license, including all services provided with the application and/or with respect to any failure and/or error in providing these services and/or the application.

34. The application enables recognition and/or decoding and/or conversion of messages such as SMS and/or MMS messages comprising texts, symbols and written contents AS IS to voice and audio contents in a user’s mobile device. The application further enables automating user’s responses regarding to the messages by using preselected text strings chosen by the user in advance and/or by recording vocal responses and/or by automatically dialing to a message sender.  The application allows the user to operate the functionalities of the application with vocal instructions, optionally without using manual operation of the mobile device.

35. Accordingly, the company and/or its representatives and/or employees and/or agents and/or all others on its behalf will not be accounted as contributors or otherwise for dissemination of information received and/or sent by using the application. Notwithstanding the above, the company and/or its representatives and/or employees and/or agents and/or all others on its behalf will not be accounted for any manner in which the automated responses of the application can be interpreted, expressly or by implication.

36. The company does not undertakes to save and/or backup any data including any copies of the texts, symbols and written contents which will be included in the messages, such as SMS and/or MMS messages received on the user’s personal mobile device, and/or will not save and/or backup any copies of the converted voice and audio contents and/or the user’s responses to the messages.The user will bear exclusive liability and responsibility with respect to the aforementioned and the company and/or its representatives and/or employees and/or agents and/or all others on its behalf shall not bear any liability and/or responsibility of any kind whatsoever concerning the aforementioned, with respect to the user and/or any third party. The user hereby waives in advance a full, complete and final waiver of all remedies, compensation and/or remunerations of any kind against the company and/or its representatives and/or employees and/or agents and/or all others on its behalf regarding to the aforementioned.

37. Notwithstanding the above, the company and/or its representatives and/or employees and/or agents and/or all others on its behalf shall not be liable and/or responsible nor be held liable and/or responsible for any damages of any kind, direct or indirect, incidental, consequential, special or consequential, financial or otherwise, caused to the user and/or any third party and/or their property due to and/or as a result of any use made of the application.

38. The user acknowledges that the application is computerized and may result with mistakes and/or errors and/or exceptions including errors in identifying incoming messages and/or decoding errors and/or conversion errors and/or translation errors and/or performing of inaccurate operations and/or pronunciation errors and/or any technical errors or other errors of any kind.

39. The user acknowledges that his/hers use of the application might be disrupted including but not limited to loss of data and/or information and/or content and/or failure to deliver them to the proper addressee(s).

40. The user agrees that his/hers use of the application is at his/hers own risk.

41. The user declares that he/she acknowledges and fully understands that the application is not intended whatsoever to be used to relay emergency messages of any kind and that the application will not replace any current emergency system and/or other application and/or software and/or hardware whether installed or otherwise.

42. User’s use of the application while riding and/or driving any kind of a vehicle is on his/hers sole liability and responsibility  and the company and/or its representatives and/or employees and/or agents and/or all others on its behalf shall not bear any liability and/or responsibility of any kind whatsoever concerning the aforementioned, with respect to the user and/or any third party, including for any damages of any kind whatsoever (caused to the user and/or other third party) and/or traffic accidents resulted while using and/or attempting to use the application. The user hereby waives in advance a full, complete and final waiver of all remedies, compensation and/or remunerations of any kind against the company and/or its representatives and/or employees and/or agents and/or all others on its behalf regarding to the aforementioned.

For the avoidance of doubt, if the user chooses to use and/or attempt to use the application while riding/driving, he/she declares that by doing so he/she does not break any law in the current state on which the user is at and also declares that he/she will not use the application in order to attempt to break and/or bypass any law, including transportation laws.

43. The company does not warrants nor guarantees that the application is safe from mistakes and/or any problems and/or impairments and/or failures in concern with the use of the application and/or on Internet availability and/or proper functioning of cellular networks and/or with operators of the Internet and/or with cellular functionality and/or any other media through which the application operates. The user shall have no plea and/or claim and/or demand to the company and/or its representatives and/or employees and/or agents and/or all others on its behalf and no remedies of any kind shall be credited to the user and the user by accepting the terms of use hereby provides a full, final and absolute waiver of them in advance.

44. The user undertakes to fully compensate and indemnify the company and/or its representatives and/or employees and/or agents and/or all others on its behalf for all expenses and/or damages of any kind that may be imposed on them with respect of any plea and/or demand and/or any claim made against any of them concerning to the user’s use of the application and/or non-exclusive license. In addition, the user undertakes to cooperate with and become a party to any legal proceedings and/or a quasi-judicial taken (if such action will be taken) against the company and/or its representatives and/or employees and/or agents and/or all others on its behalf in respect of the user’s use of the application and/or non-exclusive license. The user undertakes to exclusively bear the full legal responsibility arising from the aforementioned and to exclusively bear all expenses and damages of any kind caused to the company and/or its representatives and/or employees and/or agents and/or all others on its behalf due to the actions mentioned above.

45. Notwithstanding the above, any violation and/or infringement and/or breach of the terms of use, in whole or in part, by the user and/or his/hers representatives, shall entitle the company and/or its representatives and/or employees and/or agents and/or all others on its behalf a full and immediate compensation from the user for all damages, liabilities and expenses, in addition to all other remedies specified in any law.

F. General

46. All the received messages on the user’s mobile device, that were modified to voice and audio content by the application, will be marked as “Unread Messages” so that the user will be able to read them whenever he/she is willing.

47. The user is fully aware and acknowledges that the use of the application, whether while it is active or not, may increase his/hers mobile device battery drain.

48. It is agreed that the company may at any time, without prior notice, change the appearance and/or shape and/or structure of the application and/or provide updates and/or upgrades (including forcing the user to update and/or upgrade his/hers application version) and/or add and/or remove functions and/or features of the application under its sole discretion. If such changes will be made in the application, the user shall have no plea and/or claim and/or demand to the company and/or its representatives and/or employees and/or agents and/or all others on its behalf in this matter and no remedies of any kind shall be credited to the user and the user hereby gives a full, final and absolute waiver of them in advance.

49. The parties agreed that the company may disable the application from time to time for the purposes of maintenance and/or any other purposes whatsoever, without notifying the user in advance.

50. In cases when the application might be disabled due to force majeure, the company will do its best to act in order to re-activate the application as soon as possible.

51. Failure to exercise and/or enforce any of the rights or terms of the terms of use will not constitute a waiver of such right or term. Any waiver of any term of the terms of use will be effective only if it will be in writing and signed by the company.

52. The terms of use express all understandings formed between the company and the user concerning and regarding the application and/or the non-exclusive license and/or the user’s use of the application and/or non-exclusive license and will be effective as of the date the user purchased and/or obtained the non-exclusive license and will remain in effect until terminated by the company.

53. Any consents and/or presentations between the parties prior to the user’s confirmation of the terms of use which did not received explicit expression in the terms of use, are hereby canceled, invalid and will not have any effect whatsoever.

54. The use of the application and/or the non-exclusive license and/or the terms of use and/or the relationship between the user and/or his/hers representatives and between the company and/or its representatives, are subject solely and exclusively to the laws of the State of Israel, and the Tel-Aviv district court shall have sole and exclusive jurisdiction to hear or address any legal dispute arising from the use of the application and/or the non-exclusive license.

55. Any change, amendment, cancellation, extension, supplement, waiver, postponement of these terms of use, in whole or in part, will not be valid unless if it will be expressed in writing by the company.

56. The company may assign its rights and obligations concerning and regarding the application, in whole or in part, to any third party in its sole discretion.

57. The company may assign its rights and obligations concerning and regarding its relationship with the user and/or his/hers non-exclusive license to use the application, in whole or in part, to any third party in its sole discretion.

58. The user declares that he/she has read carefully the terms of use, understand them and agrees to all of the them and undertake to comply with all obligations imposed on himself/herself as described above.