TERMS OF USE

Welcome to www.boscoapp.com (together with its web application, Content, Marks and services, the “application”). Please read the following Terms of Use carefully before using this application so that you are aware of your legal rights and obligations with respect to Alerteenz Ltd. (״Bosco״,”Boscoapp” ״we״ & ״our״or ״us״). By accessing or using the Application, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the״Terms״). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the application.

1. Background.  The Application is intended as a tool to assist parents and give them peace of mind regarding their child mobile and real-life activity, helping parents monitor their child’s activities on the child’s mobile device.

2. Modification to the Terms.  We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Application, and your continued use of the Application thereafter means that you accept those changes.

3. Ability to Accept Terms.  The Application is only intended for individuals aged eighteen (18) years or older. If you are under 18 years please then you must review these Terms with you parent or guardian before visiting or using the Application to make sure that you and your parent or guardian understand these Terms and agree to them.

4. Application Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Application provided that you comply with these Terms and applicable law.

5. Restrictions.  You shall not: (i) copy, distribute or modify any part of the Application without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Application; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Application; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Application or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Application.

6. Bosco app application.

6.1 General: Boscoapp application has two mobile application the parents application which will be on the device that gets the notifications ("Parent App") and the child application, collecting information (see our Privacy Policy for more details) and analyzing the input, which should be installed on the monitored device ("Child App").

6.2. Use of the application : Boscoapp is a service that monitor your child phone activity, analyzed the digital and real life patterns and send you via the Parent App, email, text or other means notifications and reports. Our system is a learning system and provide notification and reports base on each child learnings . By creating an account with Boscoapp, you expressly authorize us to track your child’s activity, using their name and the other personal information that you provide to us like, but not limited to birth date and gender. In the Child App you can choose to authorize us to gather information from other services like for example Facebook and Instagram. Boscoapp will collect and store this personal information and use it to send you Notifications and reports in relation to your child’s activity. It is your responsibility to inform your child of your registration with Boscoapp and the fact that your child’s mobile usage is being monitored through us. By providing personal information about a child, you represent and warrant that you are the legal guardian of such child, and that you are not prohibited by law from providing such information to us.

BOSCOAPP MAKES NO REPRESENTATIONS ABOUT THE TYPE OF INFORMATION THAT IS DETECTED BY OUR SYSTEM OR THAT IS CONTAINED IN THE NOTIFICATIONS THAT ARE PROVIDED TO YOU, OR IN THE ABILITY OF THE APPLICATIONS TO DETECT ANY PARTICULAR INFORMATION.

IF YOU HAVE ANY CONCERNS ABOUT THE INFORMATION CONTAINED IN A NOTICE RELATING TO YOUR CHILD’S ONLINE ACTIVITIES OR OTHERWISE PROVIDED TO YOU THROUGH THE USE OF THE APPLICATIONS, OR IF YOU DETECT OR SUSPECT CRIMINAL ACTIVITY, OR BELIEVE THERE IS A RISK OF HARM TO ANY INDIVIDUAL, YOU ARE SOLELY RESPONSIBLE TO REPORT THIS TO THE POLICE OR OTHER AUTHORITY.  

USE OF THE APPLICATIONS IS NOT INTENDED TO REPLACE OR SUBSTITUTE YOUR LEGAL AND ETHICAL RESPONSIBILITIES TO PROTECT THE HEALTH AND WELFARE OF THE CHILDREN FOR WHICH YOU ARE A LEGAL GUARDIAN. BOSCOAPP IS NOT RESPONSIBLE FOR ANY RELIANCE OR DECISIONS MADE BY YOU BASED ON THE INFORMATION AVAILABLE TO YOU THROUGH THE APPLICATIONS.

6.3 Permissions and Responsibility. Without limitation to Sections ‎7 (Account) and ‎11 (User Submissions) below, if you install the Child App on a mobile device other than your own, you represent and warrant that (a) you are the parent or guardian of the child ; (b) that any and all information provided by you is accurate.

7. Account. 

7.1       Creating an Account. In order to use the services of the Application, you must register and create an account ("Account"). When creating your Account, you must provide accurate and complete information about yourself and your child/Children. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Alerteenz immediately of any breach of security or unauthorized use of your Account. You are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to Boscoapp at info@boscoapp.com

 

7.2 Types of Accounts. When first creating an Account, you shall be entitled to use the application for a trial period (the length of may change from time to time, and shall be subject to our sole discretion) during which the use of the application shall be free of charge and include all available features of the application (the "Trial Period"). After the lapse of the Trial Period we may limit the free of charge access to some features and leave the free of charge access to the application's basic features only ("Free Account"). The access to all of the application's features shall be subject to a payment of a monthly fee (the amount shall be subject to our sole discretion) (the "Premium Account"). You may decide at any time, to switch from the Free Account to the Premium Account and vice versa.

 

 

8. Intellectual Property Rights.

8.1 Content and Marks. The (i) content on the Application, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Materials"), (ii) and User Submissions, as defined below (together with the Materials, the "Content"), and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the property of Alerteenz and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Boscoapp”, the Boscoapp logo, and other marks are Marks of Alerteenz or its affiliates. All other trademarks, service marks, and logos used on the Application are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Application and the Content.

8.2. Use of Content. Content on the Application is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.

9. Third Party Sources and Content.

9.1 The Application may enable you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us ("Third Party Content"). The Application may also enable you to communicate and interact with Third Party Sources. "Third Party Source(s)" means: (i) third party webapplications and services; and (ii) our partners and customers.

9.2. We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity.

9.3. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content.

9.4. We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a Third Party Source.

9.5. You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Alerteenz, and release Alerteenz from any and all liability, arising from your use of and

interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.

1o. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Application is accurate, complete, reliable, current, or error- free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the

Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

11. Privacy. We will use any personal information that we may collect or obtain in connection with the Application in accordance with our privacy policy which is available at http://www.boscoapp.com/privacy-policy (“Privacy Policy”). You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.

12. Warranty Disclaimers.

12.1 This section applies whether or not the services provided under the Application are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.

12.2. THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALERTEENZ HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ALERTEENZ DOES NOT GUARANTEE THAT THE APPLICATION WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE APPLICATION MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT ALERTEENZ WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE APPLICATION BY A THIRD PARTY.

12.3. YOU SPECIFICALLY ACKNOWLEDGE THAT ALERTEENZ SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY APPLICATION USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12.4. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, ALERTEENZ DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES

YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE APPLICATION.

13. Limitation of Liability.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW:

13.1 ALERTEENZ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APPLICATION, EVEN IF ALERTEENZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

13.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ALERTEENZ FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APPLICATION EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO ALERTEENZ FOR USING THE APPLICATION DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.

14. Indemnity. You agree to defend, indemnify and hold harmless Alerteenz and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Application; (ii) your User Submissions; (iii) your interaction with any Application user; or (iv) your violation of these Terms.

15. Term and Termination. These Terms are effective until terminated by Alerteenz or you. Alerteenz, in its sole discretion, has the right to terminate these Terms and/or your access to the Application, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Alerteenz shall not be liable to you or any third party for termination of the Application, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Application in any way, your only recourse is to immediately discontinue use of the Application. Upon termination of these Terms, you shall cease all use of the Application.

You may, at any time, request to terminate your Account by contacting us at info@boscoapp.com. Please note that merely uninstalling the Application won't delete your account and its details, including all the information associated with it, which would still remain on our systems.  If you only wish to discontinue monitoring a mobile device, you must delist that device from the list of monitored device on the Application and remove the Child App from that device.

 

Upon termination of these Terms or your account, for any reason, your right to use the application and the services we provide is terminated and you must immediately cease using the application; and we will not be liable to you for termination of access to the Application.

 

16.Changes in the Application

We may, at any time and without prior notice change the layout, design, scope, features or availability of the application and the service we provide therein.

 

17. Independent Contractors. You and Alerteenz are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Alerteenz. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Alerteenz.

18. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Alerteenz without restriction or notification to you.

19. General.  These Terms and the relationship between you and Alerteenz shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffe, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Alerteenz may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and Alerteenz concerning the Application. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party"s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: January 10, 2019

 

 

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