END-USER LICENSE AGREEMENT (EULA) & SERVICE LEVEL AGREEMENT (SLA)
Control Monkeys Ltd. ("the Company") congratulates you ("the User" or "You") on the use of the GateGoing app and/or website. The Company is the owner and owner of the rights in the Website, the Application and the Service (hereinafter "the Site" or "the Service" or "the Services" or "the System" or the "Application") marketed by it under the GateGoing brand. In this agreement, the Company specifies the terms of service and the service levels it provides to end users of the system, authorized marketers of the system, and companies that cooperate with the Company for the distribution and use of the Service (hereinafter: "User" or "Users").
In this agreement and its Appendices, the masculine form is used for purposes of convenience only, and they relate, of course, also to women.
Please read carefully:Preamble
The Service in this Agreement is intended to make it easier for users to open the gates and other devices controlled by a cellular module, and the service is inherently dependent on electricity, Internet and telephony infrastructures that may not be available from time to time either on the Company's premises or on the User's premises. Consequently, the company recommends that Users avoid becoming dependent upon the Service and always make sure they have an available alternative to perform the action for which they installed the Application.
The company offers the Service free of charge to many Users, who according to this agreement are included in the commercial track, as defined below, because the company is in a growth momentum and puts most efforts into developing the level, quality, availability and flexibility of the Service. This waiver should not be regarded as a permanent or binding condition on the part of the Company. To remove any doubt, the company intends to collect payment from Users in various tracks.
If you do not agree with any of the terms of this Agreement, you are immediately obligated to refrain from accessing or using the Site or the Application and/or to remove and delete the Application from your mobile device and you may not use the Application and/or the Services in any way whatsoever. Use of the Site and Services is intended for users over the age of 18 only. If you are under the age of 18 - you may not use the Site and the Services.
The cost of the Service in the private user track (as defined below): free of charge.
Cost of service for other tracks: as determined by the Company from time to time.
The Company reserves the right to determine and update from time to time the cost of the Service and the other terms of service as it deems appropriate and according to its sole discretion, including updating the User's definitions, usage period and volume of activity in each of the usage tracks. For the avoidance of doubt, the Company may in its sole discretion require payment for service to be provided in the future, but may not demand payment for service previously provided in a framework that does not require payment.
The Company undertakes to notify its customers 7 days in advance of any material change in the format or cost of the Service and to allow them to discontinue the use of the Service with no charge to them.
The Company undertakes to provide the Service in its current format, subject to all the conditions specified in this document, for 30 days from the date of publication of this Agreement (hereinafter: the "Commitment Period"). After the Commitment Period, the Company may change any of the terms of service in its sole discretion. To remove any doubt, the Company does not undertake to continue offering the service in its current format or in any other format, both in terms of the nature of the service and its cost.
The "Private User" track includes users whose user profile has been set up to three goals, and they perform up to fifty page sessions per month (each), and none of the rates defined in their profile is defined in the system by more than nine other users directly or any other way (all according to the company's definitions of the terms users, gates, shares and sessions).
The "Commercial User" track includes all users not included in the Private User Track.
The Company reserves the right, in certain cases, to deviate from the conditions set out in sections 1, 2, 6 and 7 of this Agreement as it deems appropriate, without this being considered a breach of the agreement on its part.
Notice of change in the format of the Service or any other notice from the Company to its customers shall be deemed to have been delivered at the time of its publication at the download points of the Application and/or update of the Terms in the Application itself and/or when sending a message to the user's phone.
The Company regularly carries out the maintenance activities specified below:
Fix errors, malfunctions and "bugs" in the system.
Support by email and a commitment to reply within 24 hours to the distributor and user of the system about how to use it.
Advice on distributing the system to the user.
Updating the distributor with respect to any addition and/or material change in the system relating to the distributor and/or the end user.
Binding Framework Agreement on Service
The Company will receive service calls from Sunday through Thursday from 8 am to 4 pm and on Fridays and Holiday eves from 8 am to 1 pm (hereinafter: the "Service Window"). A service call that will be taken during hours outside the service window will be considered a service call that was delivered to the company at the beginning of the next business day.
Outside the hours of the service window, the distributor will have a cell phone number of the company's drive, which will receive calls only for malfunctions that make work impossible.
The beginning of handling the malfunction by the Company will be at the latest within 24 hours from the date of receiving the service call within the service window as detailed in section 4 above.
Notwithstanding the provisions of Section 6 above, in the event of a malfunction making work impossible, the Company undertakes to commence treatment of the malfunction within six (6) hours of receipt of the service call.
The Company shall handle all malfunctions with diligence and professionalism, and shall repair it within a reasonable period of time depending upon the nature of the fault.
During the handling of the malfunction, the distributor and the user shall provide the Company with all the resources required for the service, including access to relevant infrastructures and the delivery of all relevant technical information.
Situations not included in maintenance services
The Company shall not be responsible for dealing with malfunctions or for any direct or indirect damage that may be caused to the Distributor or the End User as a result of the use or non-use of the system as follows:
Malfunctions caused as a result of actions and/or changes in the system or infrastructure of the work environment that were not done by the Company and/or without its prior written approval.
Malfunctions caused by external factors such as power outages, weather conditions, problems with the Internet or the telephony network, etc.
Loss or damage to data, denial of access, etc.
Notwithstanding the provisions of Section 2 above, if the Distributor makes a request to that effect, the Company shall assist the Distributor in resolving the system malfunctions in the aforesaid circumstances, for an additional consideration to be agreed between the parties in advance and in writing in each such case.
Limitation of Liability
The Company's liability is limited to the provision of system services. The Company shall not be responsible for any damage or expense of any kind caused to the Distributor or to the User or anyone acting on their behalf due to the use of the system, its shutdown, malfunctions and the like.
Each party shall be exempt from indirect and/or consequential damages including loss of income, loss of profits, loss of savings, loss of data and data backup.
The total cumulative liability for payment of damages for any reason (tortious, contractual and otherwise) shall not exceed the annual amount of the consideration for the services of the system. This limitation shall not apply to damages caused as a result of breach of the duty of confidentiality, and damages caused as a result of infringement of third party property rights.
The courts in Tel Aviv shall have exclusive jurisdiction over disputes arising from the system, its use or this Service Level Agreement.