Terms Of Use

1. General

1.1 Please read our Privacy Policy for information on how we handle your personal information. By using our service you consent to the collection, use, and disclosure of your information as described in that policy and in these Terms of Service.

1.2 This document, comprising the Terms of Use and the End User License Agreement (together referred to as the “Agreement”), along with all related documents referenced herein, forms a binding legal agreement between you, an individual user (“you,” “your,” or “user”), and UMI GEVES LTD (“we,” “us,” “our,” or “UMI GEVES”). This Agreement governs your access to and use of any mobile software applications developed and provided by UMI GEVES (collectively referred to as the “Apps”). The name and availability of the Apps may differ across countries and are subject to modification without prior notification.

1.3 All supporting documents that pertain to the Apps are considered an integral part of this Agreement and are incorporated herein by reference.

1.4 We encourage you to thoroughly review this Agreement before downloading, installing, or using any of the Apps.

1.5 By proceeding to download, install, or use the Apps, you confirm that you have read, understood, and accepted the terms of this Agreement. This Agreement takes effect from the moment you first download, install, or begin using any of the Apps.

1.6 If you do not agree with this Agreement or any of its terms, you are not authorized to access, download, install, or use the Apps. Should you have already done so, you must promptly remove the Apps from all devices under your ownership or control.

1.7 We reserve the right to update or modify these Terms of Use at any time. If material changes are made, we will provide notice by posting the updated Terms of Use on our website or within the Apps. Your continued use of the Apps after any updates signifies your acceptance of the updated Terms. We encourage you to review these Terms periodically to stay informed of any changes.

2. Use of Apps and Intellectual Property Rights

2.1 You agree to use our Apps only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation, and/or use of the Apps.

2.2 By using our Apps, you consent to our processing of data as set forth in our Privacy Policy.

2.3 You agree that we are not responsible or liable for any content accessed from the Apps or third-party websites. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) your use of the Apps.

2.4 You acknowledge that the Apps may communicate with our servers from time to time to check for updates to the Apps, such as bug fixes, patches, enhanced functions, missing plug-ins, and new versions. By installing our Apps, you agree to such automatically requested and received updates.

2.5 We reserve the right to modify or discontinue, temporarily or permanently, the Apps (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Apps.

2.6 We grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Apps solely for your personal, non-commercial purposes, in accordance with these Terms of Use. Any other use of the Apps is strictly prohibited without our prior written consent.

3. Acceptable Use Policy

The Apps have sufficient capacity to accommodate average non-commercial use. However, from time to time during periods of extraordinarily heavy usage of the Apps, you may temporarily experience slower service or service unavailability. No such temporary slowdown or unavailability shall constitute a breach or default by UMI GEVES of its obligations. UMI GEVES reserves the right to suspend or terminate your access to the Apps or the Services at any time if you violate these Terms of Use, applicable laws, or regulations, or engage in any activity that could harm our systems, users, or reputation. Termination may occur with or without prior notice, and UMI GEVES shall not be liable for any such termination. No such suspension or limitation of the Apps shall constitute a breach or default by UMI GEVES of its obligations.

4. Events Beyond Our Control

Notwithstanding anything to the contrary contained herein or elsewhere in any document relating to the Service, UMI GEVES shall not be liable for any disruption in the Service caused by factors outside of UMI GEVES’s control, including but not limited to, any problems with your computing or network infrastructure, hardware or product, problems with your internet service provider (ISP) or any sites you are attempting to access through the Service, or any electrical or other utility outage.

5. Service Plan Terms

Service Plan Fees. UMI GEVES offers different Service plans that may depend on the particular UMI GEVES product and the amount of bandwidth you require. You acknowledge and agree that the details of the Service plan you are initially enrolled in were disclosed to you at the time of purchase or activation, as the case may be. If you subscribed for a plan with recurring fees and those fees are not paid when due, UMI GEVES reserves the right to terminate, limit or suspend your access to the Service at its discretion. UMI GEVES may also change the fees associated with any Service plan or introduce fees for any free Service plan on 30 days prior notice to you. If you do not wish to pay the new fee, you may terminate your use of the Service.

6. Legal

DISCLAIMER.THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. UMI GEVES DOES NOT PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE SECURITY OF THE SERVICE. THE SERVICE WILL NOT PROTECT YOU FROM KEY LOGGING, REMOTE SCREEN VIEWING OR OTHER VISUAL ATTEMPTS TO MONITOR YOUR INTERNET USAGE. UMI GEVES DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.

7. LIMITATION OF LIABILITY.

IN NO EVENT SHALL UMI GEVES, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED IN ANY CONNECTION WITH YOUR USE OF THE SERVICE HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF UMI GEVES, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS AND OTHER REPRESENTATIVES, TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE (HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

8. Entire Agreement and Severability.

These Terms of Service constitute the entire agreement between you and UMI GEVES relating to the Service and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the subject matter hereof. To the extent the terms of any UMI GEVES policies or programs conflict with these Terms of Service, these Terms of Service shall control. If any provision of these Terms of Service is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

9. Assignment.

UMI GEVES may assign or transfer its rights and obligations under these Terms of Service to any person for any reason and without any notice to you. A purchaser of our business or assets may use and disclose your personal information for the purposes described in this policy. If UMI GEVES becomes involved in a transaction where our assets or business is purchased, we will ensure the confidentiality of any personal information involved in such transaction.

10. Dispute Resolution and Governing Law

These Terms of Use and any disputes arising out of or in connection with them, including disputes regarding their validity, interpretation, or performance, shall be governed by the laws of the United States of America and the Commonwealth of Virginia, without regard to its conflict of laws principles. You agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Virginia, and you consent to the jurisdiction and venue of such courts.

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