Liniap Ltd. (“Liniap” or “us”,
“our”, “we”) provides a software development kit which allows the
mobile application use, installations and downloads (the “Service’). These Terms of
(these “Terms”) govern your access and use of the Services, and any code provided
that implements the Services (the “Liniap Code”). “You” means any
party that uses the Services.
Please read these Terms carefully. These Terms govern your use of the
Liniap Code. You must accept these Terms prior to using the Services or the Liniap Code. By
installing the Liniap Code or using the Services, you signify your assent to these Terms. Changes
made to these Terms from time to time. We will make reasonable commercial efforts to notify you of
to these Terms. Notwithstanding the foregoing, your continued use of the Services will be deemed
amended or updated Terms. As such, you should check frequently to see if we have updated these
most current version of the Terms is available at https://liniap.com/en/terms-and-conditions.
If you do not agree to any of these Terms, please do not use the Services or the Software.
- License. Subject to the terms and conditions hereof,
Term we hereby grant you a limited, revocable, non-exclusive, non-transferable,
to use the Liniap Code together with related documentation, solely in order to integrate the
Code into your own proprietary mobile application (your “Application”) in order
the Services for your own internal uses.
- Registration. In order to use the Services, you will
to register with Liniap. You must provide all information as requested by Liniap in the
process, and you represent and warrant that all such information shall be accurate and complete.
keep such information up-to-date. You shall immediately notify Liniap if there is a security
- Restrictions. Except as set forth expressly herein,
not, and shall not permit any third party, to (a) reverse engineer or attempt to find the
of, the Services; (b) modify the Services, or insert any code or product, or in any other way
Services in any way; (c) modify the Liniap Code in any way without our prior written consent,
sublicense, sell, or distribute the Liniap Code or bypass any security measure of Liniap with
to the Services. You may not distribute the Liniap Code on a stand-alone basis, and your
provide material functionality in addition to the Liniap Code and the Services. To the extent
restrictions set forth in this Section are not enforceable under applicable law, you shall
writing in each instance prior to engaging in the activities set forth above.
- Your Application. You represent and warrant that your
(a) does not infringe the intellectual property rights of any third party, (b) does not contain
defamatory, libelous, obscene or otherwise offensive material, (c) complies with all applicable
regulations, (d) does not collect or use the data of end users in any manner not clearly and
contain any worms, viruses, spyware, adware or other malicious or intrusive software.
represent and warrant that you provide to users a clear description of all material
- Intellectual Property. You shall have all right,
interest in your Application, and we shall have all right, title and interest in the Liniap Code
Services. Liniap does not request your feedback regarding the Liniap Code and the Services.
Notwithstanding the foregoing, if you provide Liniap with any feedback regarding the Liniap Code
the Services, Liniap may use all such feedback without restriction and shall not be subject to
non-disclosure or non-use obligations in respect of such feedback. Nothing herein shall be
provide you any rights in the Liniap Code or the Services except the limited license to use the
Code and receive the Service as set forth herein.
- Liniap’s Confidentiality Obligations. Insertion of
Liniap Code in your Application allows Liniap to track data concerning the characteristics and
activities of users of your Application (“Application Data”). Liniap will
industry-standard security measures to ensure that your Application Data is not disclosed to
not disclose Application Data to third parties or use your Application Data for any purpose
providing you with the Services. Notwithstanding the foregoing, Liniap may use statistical data
to the Application Data have executed written agreements that contain non-disclosure and non-use
substantially similar to those contained herein. Liniap does not collect or use any information
personally identifies any of your end users. If Liniap does come into possession of such
however, such information shall be subject to all of the non-use and non-disclosure provisions
- Application Data. The collection and use of
Data is an integral element of the Services, and you expressly consent to such collection and
Policy”). You represent and warrant that you are permitted to collect such
provision and analysis to Liniap as set forth herein pursuant to your Application’s privacy
- Your Confidentiality Obligations. Liniap may disclose
certain confidential information regarding its technology and business (“Confidential
Information”). You agree to keep confidential and not disclose or use any
Information except to support your use of the Services. Confidential Information shall not
information that you can show (a) was already lawfully known to or independently developed by
access to or use of Confidential Information, (b) was received by you from any third party
restrictions, (c) is publicly and generally available, free of confidentiality restrictions; or
required to be disclosed by law, provided that you provide us with prompt notice of such
cooperate in order to minimize such requirement. you shall restrict disclosure of Confidential
to those of your employees with a reasonable need to know such information and which are bound
confidentiality obligations no less restrictive than those set out herein. You will not disclose
information regarding the results of any testing or evaluation of the Services to any third
our prior written consent.
- Analytics. Liniap shall provide you with information,
and analytics in respect of the Application Data (“Analytics”). Liniap makes no
that the Analytics provided shall be useful to your business. You are solely responsible for any
may take based on the Analytics, and in making any decision you should take into account the
that information provided by the Analytics may not correctly reflect current or future trends.
- Support. You may contact us with regard to support
Services by sending an email to email@example.com.
- Service Levels. Liniap does not guarantee the
operable at all times or during any down time (a) caused by outages to any public Internet
networks or servers, (b) caused by any failures of your Application, equipment, systems or local
services, (c) for previously scheduled maintenance or (d) relating to events beyond Liniap’s
as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor
earthquakes, natural disasters, or interruptions in Internet services to an area where Liniap or
servers are located.
- Indemnification. You shall defend, indemnify and hold
Liniap (and its affiliates, officers, directors and employees) from and against any and all
costs, losses, liabilities or expenses (including court costs and reasonable attorneys’ legal
Liniap may suffer or incur in connection with any actual claim, demand, action or other
third party arising from or relating to any breach of these Terms by you. You may not settle or
such suit without our consent, not to be unreasonably withheld. Liniap may be represented in any
suit by counsel of its own choosing at its own expense.
- Disclaimer of Warranties. YOU ACCEPT THE Liniap
SERVICES “AS IS” AND ACKNOWLEDGE THAT Liniap MAKES NO OTHER WARRANTY AND DISCLAIMS ALL IMPLIED
STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- Limitation of Liability. IN NO EVENT SHALL Liniap,
DIRECTORS, OFFICERS, FOR ANY CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL OR PUNITIVE DAMAGES,
RELATING TO THE SERVICES OR THE ARRANGEMENTS CONTEMPLATED HEREIN. IN ANY CASE, Liniap’S
LIABILITY FOR THE PROVISION OF THE SERVICES OR UNDER ANY PROVISION OF THESE TERMS SHALL NOT
AMOUNT OF PAYMENT RECEIVED BY Liniap FROM YOU IN THE 12 MONTHS PRECEDING THE APPLICABLE CLAIM.
- Term. The term of this agreement
shall commence on the date you accept these Terms (or insert the Liniap Code into your
shall continue unless terminated by either party with 30 days notice. Liniap may terminate this
with written notice if it has reason to believe that you are in breach of these Terms. Upon any
or expiration of these Terms, Liniap will cease providing the Services, and you will delete all
the Liniap Code from your Application. In the event of any termination (a) you will not be
any refunds of any fees, and (b) any outstanding balance for Services rendered through the date
termination will be immediately due and payable in full and (c) all of your historical report
longer be available to you unless a purchase or professional services agreement for the exchange
transfer of such data is entered into as a component of termination. Sections 3-18 of these
survive any termination thereof.
- Publicity. You agree that Liniap have the right to
fact that you are using the Services, including by displaying your name and logo in Liniap’s
other marketing materials.
- Miscellaneous. These Terms represent the entire
the parties regarding the subject matter hereof and supersedes any and all other agreements
parties, whether written or oral, regarding the subject matter hereof. These Terms may not be
amended except in a writing executed by both parties. These Terms may be executed in two
counterparts, each of which shall be deemed an original, but all of which together shall
the same instrument. A waiver of any default hereunder or of any of the terms and conditions of
shall not be deemed to be a continuing waiver or a waiver of any other default or of any other
condition, but shall apply solely to the instance to which such waiver is directed. Liniap may
you with notices required hereunder by contacting you at any email address you have provided,
your registration information. Liniap may assign its rights or obligations pursuant to these
agree not to assign any rights under these Terms; any attempted assignment shall be null and
any part of these Terms shall be invalid or unenforceable, such part shall be interpreted to
maximum force possible to such terms as possible under applicable law, and such invalidity or
unenforceability shall not affect the validity or enforceability of any other part or provision
Terms which shall remain in full force and effect. These Terms shall be governed by the laws of
Israel, and the competent courts in the city of Tel Aviv shall have exclusive jurisdiction to
disputes arising hereunder.