Terms Of Use

Last Updated: December 10, 2018

  

These Terms of Use are a legally binding agreement between Top Floor Inc. (“Company”, "we" or “us”) and you ("user" or "you"), governing the use of our contact apps, including: Cleaner Pro (“App(s)”) and your use of Top Floor's website (collectively, "Services").

By accessing and using the Services or installing the App you acknowledge that you have read these Terms of Use as may be amended from time to time (“Terms”). These Terms shall govern any and all kind of use and features offered via the Services as may become available from to time to time. You agree to be bound by these Terms and to fully comply with them. If you do not agree to any of the Terms you should immediately stop using the Services and remove the App from your device.

 

Any use or access by anyone under the age 16 is prohibited. By accepting the Terms, you declare that you are at least 16 years or older and that you have the legal capacity to enter this agreement.

1. The Service and Payment

We offer you apps which assist in managing your contacts by syncing, restoring merging and backing up your contacts.        

 

We offer a version of limited Services for free. In order to enjoy the full scale of the Services that we offer, you may be required to pay the applicable fees. Payments are made through the applicable app store (i.e., in-app payments) and thus are subject to their terms and conditions, including refunds or cancellation.

 

Further, some of the Services may include group texting which may impose fees from your mobile carrier, as set forth by each and every mobile operator. Such carrier fees are subject to your own engagement with your mobile carrier and that carrier respective policies

             

2. Creating an Account

 

In order to fully use the Services you must register and create an account. Creating your account can be done either by providing specific details (e.g. full name; email address; etc.), or by signing up via third-party online services, such as Google or Facebook.

 

To learn more about our data collection practices and the specific types of data we may collect, use and disclose, please read our Privacy Policy which is incorporated in these Terms by reference.

 

You agree to keep your account credential secret and secure. You also agree to inform us immediately of any unauthorized use of your account. By accepting the Terms, you declare that you are responsible for all activities taken under your account. Once you create an account, you will join to our mailing list as our partner. You can choose to remove your email address from that mailing list by choosing the "unsubscribe" link at the bottom of any email communication we send to you.

 

3. Maintenance and Support

We are aiming at providing our users with the best support for our Services and to constantly improve them. We created different tools to help our users, address frequently asked questions and additional technical and general support issues. Also, we test frequent updates, maintenance, error shooting and additional means in order to improve the Services. However, we do not undertake to keep operate any of the above, and we reserve the right to change, reduce, limit or terminate our maintenance and support efforts.

4. Intellectual Property and License 

Subject to your full compliance with the terms and conditions of these Terms and with applicable laws and regulation, we grant you a world-wide, limited non-exclusive, non-transferable, non-sub-licensable license to download and install a copy of the App and the right to use and access the Services on a mobile device that you own or control, in a format of an application, and to run such copy of the App and the Service solely for your own personal non-commercial purposes. The Company reserves all rights in and to the App and the Services. Any right that is not expressly granted to you under these Terms is expressly reserved by the Company. The Company is entitled, without any liability, to refuse, restrict, limit, suspend, interfere or interrupt the Services or any part thereof, without any notice to you, for the repair, improvement or upgrade of the Services or for any of the reasons for termination as mentioned below.

 

All our intellectual property assets including but limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are our sole and exclusive intellectual property and are all protected by local and international intellectual property laws and treaties including all copyright laws and regulations. Our Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to our trademarks or the trademarks of any third party.

 

Except as expressly stated herein, you may not copy, alter, adapt, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any of our Services, without our prior written permission. You hereby warrant that you will not make any copies of, modify, adapt, disassemble, translate, decompile, distribute or otherwise transfer, rent, lease, loan, resell, sublicense or reverse engineer our Services or any part thereof.

 

5. Privacy

You acknowledge that to the extent you choose to use or access certain features of the Services you may be asked to submit or enable the transmission of certain personal information, which is required for the operability of our Services.

 

You also acknowledge that you are solely responsible for any content (including, but not limited to, shared messages, your contact list (i.e. address book) stored on your device) that you upload, share, backup or transmit through our Services (including information submitted from your social network account, if applicable), manually or automatically (collectively: "Content"). At all times your information and Content will be treated in accordance with our Privacy Policy, which describes how we access, use, store and disclose your information and Content when you use the Services.

6. Your Representations and Undertakings

You shall use our Services in complete accordance with the Terms, as amended from time to time, and only for the purposes stipulated in the Terms. Further, you represent and warrant that all information and Content that you submit upon the sign-in process (including information submitted from your social network account, if applicable) and all other Content which is shared by you when using our Services, is accurate and truthful and that you will promptly update any information or Content provided by you that subsequently becomes inaccurate, incomplete, misleading or false.

 

You represent and warrant that any download, install, use or access you make with the App or the Services is under your own choice and responsibility. You represent that any use you make of the Services will not constitute or otherwise include any Prohibited Conduct.

 

Prohibited Conduct” shall mean to include, but not limited to, the following: violating laws, rules, regulations, applicable policies and third party rights, delete or modify any attributions, legal notices or other proprietary designations or labels on the App, or Services, or on any third party material contained or otherwise available therein, interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services.

 

You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

 

You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the services, or violating any regulation, policy, or procedure of any network, equipment, or server.

 

You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the services; You may not use or attempt to use another’s account or personal information; You may not attempt to gain unauthorized access to data or the Services, or the computer or mobile systems or networks connected to the Services, through hacking password mining or any other means; Otherwise violating these Terms or creating liability for us. 

 

7. Termination

We may cancel your access to the Services, at our sole consideration, at any time and for any reason, with or without notice to you, unless you upgraded to a premium (paid) account. You may choose to cancel your account and delete your data at any time by sending us a request here. Your request must include the subject line: “Request to Delete My Data” and a clear statement that you want to terminate your Account and delete your data in the email body. Upon any termination, discontinuation or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, licenses and ownership provisions, warranty disclaimers, limitations of liability, indemnity and dispute resolution provisions.

 

8. Warranty Disclaimers

To the maximum extent permitted (or otherwise not prohibited) under applicable laws, the Services  are provided "as is" with no express, statutory or implied warranty of any kind, including without limitation, for: (a)accuracy or accessibility; (b) that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis, including without limitation, those warranties of title, non-infringement, merchantability, suitability or fitness for a general or particular purpose; (c) the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services and any related content.

 

You acknowledge and agree that your use of the Services is at your own discretion and sole risk and that the entire risk as to the results and performance of the Services, including, without limitation, any damages to your well-being, your computer system, mobile device or any other device used to access the Services, or data stored on such devices, is solely yours.

 

The Company will not be held responsible for any consequences to you or any third party that may result from technical problems, including without limitation internet (such as slow connections, traffic congestion or overload of our or other servers) or any telecommunications or internet providers.

 

The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

 

The Company shall not be responsible and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Services, whether caused by users or any of the equipment or programming associated with or utilized in the Services; or (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content or communications.

 

9. Indemnity

You agree to defend, indemnify and hold harmless Top Floor, its directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your act or omission caused damage to a third party.

 

Under no circumstances whatsoever will the Company be liable in any way for any of the Content (including your contact) you share or publish, including, without limitation, for any infringement of third party's right, loss or damage of any kind incurred as a result of the use or display or performance of any third party content transmitted, displayed or otherwise made available through the Services.

 

10. Limitation of Liability 

To the fullest extent permitted by applicable law, the Company shall not be responsible or liable whatsoever in any for your use of the Services, or for the conduct of third parties on or through the Services. Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, the foregoing exclusions and limitations will be enforced to the greatest extent permitted by applicable law. 

 

11. Governing Law 

These Terms are governed by the Israeli law, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of Israel shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of use and for those purposes irrevocably submit all disputes to the jurisdiction of the Israeli courts, Tel Aviv district. The place of performance shall be Israel. We provide no warranty or guarantee that The Services or information available on it complies with laws other than those of Israel.

 

12. General Terms

Failure by the Company to exercise any right or remedy under the Terms does not constitute a waiver of that right or remedy. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. The Company reserves the right to transfer, assign, sublicense or pledge the Terms, in whole or in part, in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in. You may not transfer, assign, sublicense or pledge any of your or your rights or obligations under the Terms without the Company’s prior written approval.