The following key points of this User
Agreement are only brought for Your convenience.
These key points do not substitute the
full User Agreement.
Introduction. This app is
a mobile application that secures personal photos, videos by locking them down
with PIN protection, biometric lock ( fingerprint touch id or face id) and
military grade AES-256 end-to-end encryption .
The Service is owned and operated by
Gifbuz Limited.
Acceptable use. The Terms define
the acceptable use of the Service and the actions You should avoid while using
the Service. For example, when sharing any content through the service, you must
refrain from infringing or violating intellectual property rights of other
parties, including copyrights, patents, trade secrets and trademarks.
Age restriction. The Service is
intended and permitted for use only by individuals 17+ years of age.
Registration. In order to access certain features this app,
you have register yourself.
Privacy. We respect Your privacy,
as further explained in our Privacy Policy.
Intellectual property. All
rights, title and interest in and to the Service, including all intellectual
property rights, are owned by – or licensed to us.
Availability. The Company does
not warrant or guarantee that the Service will operate without disruption,
errors or interruptions, or that it will be accessible, or available at all
times, or immune from unauthorized access.
Disclaimer of warranty. The
Service is provided for use as is. We disclaim all warranties and
representations, either express or implied, with respect to the Service.
Limitation of liability. The
liability of the Company, including anyone on its behalf, is limited with
respect to any damage or loss, arising from, or in connection with the use of,
or the inability to use the Service.
Law & jurisdiction. Use of
the Service is governed by the laws of the State of Israel. Most disputes
between us will be decided in arbitration. You can opt-out of arbitration under
the terms outlined below, in which case disputes will be decided in court.
IN DETAILS:
This app ,is a mobile application that
secures personal photos, videos by locking them down with PIN protection,
biometric lock ( fingerprint touch id or face id).This app uses cipher AES-256 encryption,
considered among the most secure in the world and "military-grade".
The Service is owned and operated by Gifbuz Limited. ("we", "us" and "our"). It is available through our designated
mobile application (the "App"). Please carefully read the following User
Agreement (the "Terms"). By downloading the App, by using or accessing the
Service, You agree to be bound by the Terms and You signify that You have read
and understood them. If You do not agree with the Terms, You may not use the
Service in any way.
Use of the Service may be subject to
additional terms and policies, such as the terms governing the use of Apple
devices or Apple's "App Store". You bear the sole and exclusive responsibility
for complying with any such additionally applicable terms and policies.
PREMIUM SERVICES
We will provide Premium Services to our
users; prior to the purchase process of Premium Subscription. The user has the
right to cancel the premium services.
PAYMENTS/SUBSCRIPTION
Payment will be charged to iTunes Account
at confirmation of purchase. Subscription automatically renews unless auto-renew
is turned off at least 24 - hours before the end of the current period, and
identify the cost of the renewal. The Account will be charged for renewal within
24-hours prior to the end of the current period.
Cancellation of the service
No cancellation of the current
subscription is allowed during the active subscription period. Subscriptions may
be managed by the user and auto-renewal may be turned off by going to the user's
Account Settings after purchase. Any unused portion of a free trial period will
be forfeited when the user purchases a subscription.
ACCEPTABLE USE OF THE
SERVICE
You may access and use the Service and use content and
features provided through the Service.
using the Service, You agree to refrain
from -
Breaching these Terms or any other
applicable rules and instructions that we may convey with respect to the
Service;
Interfering with, burdening or
disrupting the functionality of the Service;
Breaching the security of the App or
Website or publicly identifying any security vulnerabilities in it;
Circumventing or manipulating the
operation or functionality of the Service, or attempting to enable 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 collect and compile content from the Service or send data to
the Service including for the purposes of competing with the Service, or in
such ways that may impair or disrupt the Service's functionality;
Displaying or embedding content from
the Service, including by any software, feature, gadget or communication
protocol, which alters the content or its design;
Impersonating any person or entity in
a manner that violates any third party rights;
Collecting, harvesting, obtaining or
processing personal information regarding the Service's users, without their
prior explicit consent;
Abusing, harassing, threatening or
intimidating other users of the Service;
Linking to the Service from web pages
or applications that contain pornographic content or content that encourages
racism or wrongful discrimination;
Engaging in any activity that
constitutes a criminal offense or gives rise to civil liability;
Violating any applicable law;
Sending, uploading to or making
available within the Service Content which may be considered as Violation of
this terms
Infringing or violating intellectual
property rights of other parties, including copyrights, patents, trade secrets
and trademarks;
Identifying minors, their personal
details or their address and ways to contact them;
Software viruses, Trojan Horses,
worms, vandals, spyware, ransomware and any other malicious applications;
Constituting a violation of a person's
right to privacy or right of publicity;
Threatening, abusive, harassing,
defamatory, libelous, vulgar, violent, obscene or racially, ethnically or
otherwise objectionable;
Unsolicited commercial communications
('spam'), chain letters, or pyramid schemes.
Otherwise prohibited by any applicable
law.
If You receive or being aware of any
content through the Service that violates
these Terms, please let us know
by contacting us at: contact@gifbuz.com We
will review every request and take action as necessary.
The Company may, but is under no duty to,
review content (including any GIF/ Video) that was shared through the App, and
remove, block access or use of such content, or refuse to share it through the
Service, for any reason that the Company may consider to be justified at its
sole discretion.
WE MAY EMPLOY TECHNOLOGICAL MEASURES TO
DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY BLOCK YOUR
ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE
DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR
ABUSIVELY.
REGISTRATION.
REGISTERING YOUR ACCOUNT.
In order to access certain features of
this app Properties, you may be required to become a Registered User.
REGISTRATION DATA.
In registering for the Service, you
agree to (1) provide true, accurate, current and complete information about
yourself as prompted by the Service’s registration form (the "Registration
Data"); and (2) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete.
ACTIVITIES UNDER YOUR ACCOUNT.
You are responsible for all activities
that occur under your Account. You may not share your Account or password with
anyone, and you agree to (1) notify us immediately of any unauthorized use of
your password or any other breach of security; and (2) exit from your Account
at the end of each session.
NO SUBSEQUENT REGISTRATION.
If your registration(s) with or ability
to access the this app Properties is discontinued by us due to your violation
of any portion of the Terms, then you agree that you shall not attempt to
re-register with or access the this app Properties through use of a different
member name or otherwise, and you acknowledge that you will not be entitled to
receive a refund for fees related to those this app Properties.
RESPONSIBILITY FOR CONTENT.
TYPES OF CONTENT.
You acknowledge that all information,
data, photographs, graphics, video and/or other materials accessible through
the app Properties, whether publicly posted or privately transmitted
("Content"), are the sole responsibility of the party from whom such
Content originated. This means that you, and not us, are entirely responsible
for all Content that you upload, post, e-mail, transmit or otherwise make
available ("Make Available") through this app Properties ("Your
Content").
INTELLECTUAL PROPERTY
All
rights, title and interest in and to the Service, including, without limitation,
patents, copyrights, trademarks, trade names, service marks, trade secrets and
other intellectual property rights, and any goodwill associated therewith, are
owned by, or licensed to us.
Unless otherwise 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, process, compile,
translate, sell, lend, rent, reverse engineer, combine with other software,
modify or create derivative works of any of the content on the Service, which is
subject to intellectual property rights or other proprietary rights, either by
Yourself or by a third party on Your behalf, in any way or by any means,
including, but not limited to electronic, mechanical or optical means, without
prior written authorization from the Company.
You may not adapt or use
otherwise any name, mark or logo that is identical, or confusingly similar to
the trademarks, services marks and logos of the Company. You must refrain from
any action or omission which may dilute, or tarnish our goodwill.
AGE RESTRICTION
To use this service your age must be 17+. We do
not knowingly or intentionally collect information about user who are
under 17+ years of age. If you are under the age of 17+ you may not use the
Service in anyway.
PRIVACY
We respect Your
privacy. Our Privacy Policy, which is incorporated to these Terms by reference,
explains the privacy practices on the Service.
CHANGES
We may modify this Terms & Services.
Any modifications to this will be effective when posted (or as otherwise
indicated at the time of posting).
If you object to an update of this
policy, you must notify us and ask to deactivate your account and delete your
personal information prior to the effective date of the update. Continued use
of the Service after an update to this Privacy Policy will indicate your
acceptance of the update.
DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED FOR USE "AS
IS" AND "WITH ALL FAULTS". IT CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH
AND EVERY USER. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS,
EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, YOUR ACCOUNT, THE VIDEOS
AND OTHER MATERIALS SHARED THROUGH THE SERVICE, ANY INTERACTION RELATED TO THE
SERVICE.
WE AND OUR STAFF DISCLAIM ALL WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRECTNESS, RELIABILITY, LEGAL
COMPLIANCE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, RESULTS OR OUTCOMES OF
PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY WITH REGARD TO THE
SERVICE.
WE DO NOT WARRANT THAT (1) THE SERVICE WILL BE UNINTERRUPTED,
ERRORFREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE
SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARE, COMPUTER VIRUSES OR OTHER
HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE Functionalities, THE CONTENT
SENT OR PRESENTED THROUGH THE SERVICE, WILL MEET YOUR EXPECTATIONS; (4) THE
CONTENT SENT OR PRESENTED THROUGH THE SERVICE WILL BE ACCURATE, BENEFICIAL OR
RELIABLE; (5) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND
WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS. 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.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE FOR ANY 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 (INCLUDING NEGLIGENCE), ARISING FROM, OR IN CONNECTION WITH THE
SERVICE, THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE,
ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM YOUR RELIANCE ON THE
SERVICE, OR FROM ANY LEGAL, OR FROM ANY LOST OR MISSED PAYMENT OPPORTUNITIES, OR
FROM ANY ERROR MADE BY OUR STAFF, OR FROM ANY COMMUNICATIONS OR INTERACTIONS
WITH US OR THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS, ENGAGEMENTS
AND TRANSACTIONS IN CONNECTION WITH THE SERVICE OR WITH OTHER USERS OF THE
SERVICE, OR FROM ANY DENIAL OR CANCELATION OF YOUR ACCOUNT, OR FROM RETENTION,
DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF VIDEOS.
IN ANY EVENT,
OUR TOTAL AND AGGREGATE LIABILITY FOR DAMAGES EITHER IN TORT, CONTRACT, OR IN
ANY OTHER FORM OR THEORY OF LIABILITY (INCLUDING NEGLIGENCE), ARISING FROM ANY
OF THE ABOVE SHALL BE LIMITED AND CAPPED AT THE AMOUNTS ACTUALLY PAYABLE TO YOU
(IF ANY) UNDER THE PAYMENT SCHEME OFFERED TO YOU AND ACCEPTED BY YOU (IF ANY).
INDEMNITY
To the maximum
extent permitted by law, You agree to indemnify, defend and hold harmless, us or
our directors, officers, employees, agents, advisors, consultants,
subcontractors and assignees (collectively, 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 or entity's rights, or Your
activities and Videos.
APPLICATION MARKETPLACE
Your
use of the App may be subject to additional third-party terms and conditions
that govern that application marketplace from which You downloaded the App, such
as the App Store for iOS. Such third parties are not responsible for providing
maintenance and support services with respect to the App.
The
following terms apply if You downloaded an App from Apple's App Store. You and
Gifbuz Limited agree and acknowledge as follows:
These Terms are
concluded between Yourself and us, and not with Apple Inc. ("Apple"). Apple is
not responsible for the App. In the event of a conflict between these Terms and
the App Store Terms of Service then the App Store Terms of Service will prevail,
solely with respect to the conflicting provisions.
The license granted to
You for the App is limited to a non-transferrable license to use the App on any
iOS Products that You own or control, and as permitted by the Usage Rules set
forth in the App Store Terms of Service, except that such App may be accessed,
acquired, and used by other accounts associated with the purchaser via Family
Sharing or volume purchasing.
You acknowledge that Apple has no obligation
whatsoever to furnish any maintenance and support services with respect to the
App.
In the event of a failure to conform to any applicable warranty (if
any warranty is applicable), You may notify Apple, and Apple will refund the
purchase price for the App to You (if You paid any). Apple has no other warranty
obligation whatsoever with respect to the App, and any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure to conform
to any warranty, will not be at Apple's responsibility.
Apple is not
responsible for addressing any claims by You or any third party relating to the
App or Your possession and/or use of the App, including (i) product liability
claims, (ii) any claim that the App fails to conform to any applicable legal or
regulatory requirement, and (iii) claims arising under consumer protection or
similar legislation.
You acknowledge that in the event of any third party
claim that the App or Your possession and use of the App infringe that third
party's IP Rights, Apple will not be responsible for the investigation, defense,
settlement and discharge of any such infringement claim.
You must comply
with applicable third-party terms of agreement when using the App (e.g. You must
not be in violation of Your wireless data Services agreement when You use the
App).
Apple and Apple's subsidiaries are third party beneficiaries of these
Terms. Upon Your acceptance of these Terms, Apple will have the right (and will
be deemed to have accepted the right) to enforce these Terms against You as a
third-party beneficiary thereof. You represent and warrant that (i) You are not
located in a country that is subject to a U.S. Government embargo, or that has
been designated by the U.S. Government as a "terrorist supporting" country; and
(ii) You are not listed on any U.S. Government list of prohibited or restricted
parties.
MISCELLANEOUS
Assignment. You may not assign or transfer Your
rights and obligations under these Terms without our prior written consent. Any
attempted or actual assignment by You, without our prior written consent, shall
be null and void. Changes in ownership. In the event of M&A, we may, upon
notice to You and without obtaining Your consent, assign and delegate these
Terms, including all of our rights, performances, duties, liabilities and
obligations contained herein, to a third party in which case the assignee
assumes our stead and we are irrevocably released from all performances, duties,
liabilities and obligations contained herein. Severability. If any provision of
these 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 these Terms shall continue to
remain in full force and effect.
Interpretation. The section
headings in these Terms are included for convenience only and shall take no part
in the interpretation or construing of these Terms. 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.
Entire agreement. 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.
Waivers. No waiver,
concession, extension, representation, alteration, addition or derogation from
these Terms by us, or pursuant to these 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
these Terms shall not constitute a waiver of any of our rights under these
Terms. Relationship. These Terms do not create any agency, partnership,
employment or fiduciary relationship between You and us.
CONTACT US
You may contact us
with any questions or comments, at: contact@gifbuz.com