ELARI TECH Ltd., 9 Uzi Hitman st. Suite 47, Netanya, Israel, tel: +972-533-331-589
Acceptance of the Offer is carried out on the date when the terms of the Offer are accepted (the "Date of Acceptance"). Full and unconditional acceptance of the Offer and agreement with its terms is the performance by the User of actions to use ELARI SafeFamily, KidGram and mobile devices under the ELARI brand, including registration in ELARI SafeFamily and KidGram, and other actions to use the functionality of ELARI SafeFamily and KidGram.
THE USER REPRESENTS, WARRANTIES AND ACKNOWLEDGES THAT THE USER IS COMPLETELY RESPONSIBLE FOR ANY ACTION (INACTION) OF THE CHILD USING KIDGRAM AND ELARI-BRANDED MOBILE DEVICES AND FOR THE CHILD'S PROPER ENFORCEMENT OF THESE TERMS AND CONDITIONS. ANY PROVISION OF THESE TERMS AND CONDITIONS TO BE PERFORMED BY THE USER IS ALSO AUTOMATICALLY APPLICABLE TO THE CHILD, IS AUTOMATICALLY APPLICABLE TO THE CHILD AND MUST BE ENFORCED BY THE CHILD. The user, acting personally and as a legal representative, assumes an unconditional obligation to ensure the fulfillment by the child of all provisions provided for by the conditions, including those provisions established for the user and in this regard are automatically considered established for the child.
1. TERMS AND DEFINITIONS
- The following terms and definitions apply in the Terms:
Services - mobile applications ELARI SafeFamily and/or KidGram
ELARI SafeFamily - an application that is a mobile solution that allows you to communicate with the user of this mobile application and a mobile device under the ELARI brand. Also remotely configure, control mobile devices under the ELARI brand and devices from other manufacturers with the KidGram application installed
Mobile device under the ELARI brand is a wearable device with the functions of two-way or one-way voice communication, the function of correspondence with the User or a third party using a mobile device under the ELARI brand, location, optional photo / video shooting, sending media files. May also include the KidGram app.
KidGram is an application that is a mobile solution that allows the Child to communicate with other users of the Telegram platform, and the User, through the ELARI SafeFamily application, to control the Child's contacts, chats, groups and channels, the time of using the application, as well as view other information collected, including on compensatory conditions;
Child's Account – an entry in the KidGram database associated with a similar entry in the Telegram database, created by the User or the Child and enabling him, including on reimbursable terms, to fully use the functionality of KidGram;
User - an individual who has reached the age of majority in accordance with applicable law, using KidGram and managing KidGram installed on a mobile device or a mobile device under the ELARI brand of a particular Child, using ELARI SafeFamily. To the extent that the Terms establish certain obligations for the User (with the exception of the “Paid Services” section), the term “User” also includes the term “Child”;
Chats in Telegram - chats with free or closed access, which third parties can join or can add, in which it is possible to correspond and / or read the message feed.
Child - an individual who is a minor under applicable law, whose legal representative or guardian is the User;
RID ELARI - has the meaning specified in section 11;
Telegram is a cross-platform instant messaging system with VoIP functions that allows you to exchange text, voice and video messages, stickers and photos, files of many formats. You can also make video and audio calls, organize conferences, multi-user groups and channels.
- The terms "ELARI", "Date of Acceptance", "Offer", "Conditions" are used in the meaning specified in the Offer.
2. KIDGRAM SERVICE
- The KidGram service is intended for communication of the Child under the control of the User with other users of Telegram and/or KidGram, as well as for the access of the Child under the control of the User to Chats in Telegram. The Child's communication with Telegram users and the Child's access to Telegram chats is subject to the appropriate prior approval of any such Telegram user or any such Telegram chat by the User, which is provided using the functionality of the ELARI SafeFamily application.
- The functionality of KidGram may be changed and/or supplemented by ELARI at the discretion of ELARI by posting relevant ELARI changes/additions on the Internet at: [https://www.elari.tech/] without sending notifications about this to the User and/or the Child . ELARI's change in the composition of the available functionality of KidGram does not impose on ELARI the obligation to amend the Terms.
- The communication of the User and other owners of Telegram accounts with the Child in KidGram does not cancel or restrict the user agreement and other documents that establish the procedure for using Telegram in relation to all participants in such communication.
- Access to the use of KidGram is provided by ELARI. The Child's access to the functionality of KidGram is controlled by the User using the ELARI SafeFamily mobile application in the manner and on the terms published in the specified application.
- ELARI has the right to refuse any User and/or Child to use KidGram at any time in case of violation of the Terms.
3. SERVICE ELARI SAFE FAMILY
- The ELARI SafeFamily service is intended for managing and communicating a mobile device under the ELARI brand, as well as mobile devices from other manufacturers with the Kidgram application installed.
- The functionality of ELARI SafeFamily may be changed and/or supplemented by ELARI at the discretion of ELARI by posting relevant ELARI changes/additions on the Internet at: [https://www.elari.tech/] without sending notifications about this to the User and/or Child. Changes made by ELARI to the composition of the available functionalities of ELARI SafeFamily does not oblige ELARI to amend the Terms.
- Access to the use of ELARI SafeFamily is provided by ELARI. The control of the Child's access to the functionality of the mobile device under the ELARI brand is carried out by the User using the ELARI SafeFamily mobile application in the manner and on the terms published in the specified application.
- ELARI has the right to refuse any User and/or Child to use ELARI SafeFamily at any time in case of violation of the Terms.
5. EXCHANGE OF INFORMATION WHEN USING THE SERVICES
- ELARI and/or Telegram messages intended for all KidGram users, including the User, are published for public access in KidGram, and/or sent individually to the User using the KidGram functionality (or using the ELARI SafeFamily application), and/or to the phone numbers provided by By the User when registering in KidGram. ELARI messages intended for all ELARI SafeFamily users, including the User, are published for public access in ELARI SafeFamily and/or sent individually to the User using the ELARI SafeFamily functionality and/or to the phone numbers provided by the User during registration in ELARI SafeFamily. At the same time, the User understands, accepts and agrees that the sent messages and / or their individual parts may be of an advertising nature. messages,
- ELARI has the right to send the User transactional and service messages related to the actions of the User and/or the Child.
- The User's messages on the operation of the services are sent by the methods proposed in ELARI SafeFamily and/or KidGram, including the contact form for requests. Official requests and notifications of copyright holders and representatives of state bodies and institutions to ELARI are accepted at the contacts indicated on the official website of ELARI and / or in the unified state register of legal entities.
6. RESTRICTIONS ON THE USER'S USE OF THE SERVICES
- ELARI provides the User with the opportunity to use the functionality of the services, subject to the restrictions established by the Terms. The use of certain functionality of the services is allowed only after the User registers in the ELARI SafeFamily and KidGram applications in accordance with the procedure established by ELARI.
- ELARI does not provide any assurances about the circumstances in relation to the services, in particular, ELARI does not warrant to the User that:
- Services, their quality and (or) individual functionality correspond and (or) will correspond to the requirements and goals of the User;
- Access to the Services is and/or will be provided continuously, securely and without any interruptions and/or errors;
- The results that will be obtained through the use of the services will meet the User's expectations and / or generally accepted standards.
7. INFORMATION SECURITY OF THE SERVICES
- When using the services, the User undertakes not to violate or attempt to violate the information security of the services, which includes:
- Prohibition of the User's access to any information not intended for use by the User or the management or use of a Child's Account that does not belong to the User;
- Prohibition on the search and use of vulnerabilities in the security system of services, violation of the registration procedure and authorization in ways other than those provided by the functionality of the services;
- The prohibition on interfering with the use of the service by other users, which includes the distribution of malicious programs, deletion, data corruption, the constant distribution of repetitive information, the simultaneous sending of a large number of messages using the services in order to intentionally disable the service and other actions that go beyond normal intended use of the services, and capable of intentionally or negligently causing failures in its operation;
- The prohibition on sending information to other users, to which they did not give their consent, as well as sending spam and advertising without the permission of ELARI.
- ELARI, in order to ensure the information security of services, has the right to:
- Establish any qualitative or quantitative restrictions on the use of the services by the User, including in cases where these restrictions are set personally for the User;
- Restrict or stop receiving any automatically generated information (automatic sending of information, automatic registration, DDoS attacks, etc.);
- Analyze and research contained in the User's content (including in the form of links) or in the content received by the User (including in the form of links), software viruses and other malicious programs, computer codes, files or programs designed to violate, modify , destroying or limiting the functionality of sites on the Internet, as well as programs and equipment, or for unauthorized access to them;
- Carry out preliminary moderation of messages sent and / or received by the User in the services.
- The User is responsible for the content of information posted in the services by him and the Child.
- The user is responsible for the reliability and confidentiality of the chosen method of authorization in the services and bears the risk of unauthorized access by third parties using his authorization data. If necessary, he is obliged to immediately change the method of authorization in the services and / or notify ELARI of the misuse of his data. Actions performed using the User's data are considered to be committed by the User himself.
- ELARI is not obliged to provide the User with corrections, additions, new versions of services. ELARI is not responsible for any errors, failures, disruptions in the operation of services, as well as for all possible losses of the User in connection with this.
- ELARI has the right to prohibit the User from using an unupdated and / or incomplete and / or uncorrected version of the services, incl. restrict the User's access to such versions of services.
8. USER CONTENT
- To the extent that it is provided by the functionality of the services, the User has the right to post (including forwarding to other users of services such as ELARI SafeFamily and KidGram) their own content (materials, documents, information or any other information) in ELARI SafeFamily, KidGram, as well as on Telegram (to the extent that it complies with Telegram rules and procedures). At the same time, the User undertakes to ensure unconditional compliance of its content with the requirements of applicable law.
- By posting their own content in services or Telegram, the User:
- Assures and guarantees that it has properly assessed the risks associated with the use of content by other persons arising from ELARI and / or the User (including assessing its reliability, reliability, quality, completeness, usefulness or compliance with the requirements of applicable law);
- Represents and guarantees that it has the legal right to this content, and this right implies the possibility of posting content on the services or Telegram, and if such posting is due to the need to obtain approval or any other consent of any person, then such approval or consent was obtained by the User before posting the content in services or Telegram;
- Takes responsibility for the violation of the rights and legitimate interests of any persons due to such placement, including the violation of the personal non-property rights of authors, other intellectual rights of third parties;
- Gives ELARI the right to use the specified content in any way, including on the basis of a royalty-free non-exclusive (simple) license, if the content includes the results of intellectual activity. This right includes any use without any restrictions, including, completion, modification, adaptation, processing, copying, reproduction, distribution, etc.;
- Gives ELARI the right to refuse the User to post and / or distribute content or remove such content at any time.
- The user is prohibited from uploading, sending, transmitting, reporting, distributing or otherwise placing in the services or Telegram:
- Content that does not belong to the User and without proper permission from the respective copyright holder (including serial numbers for programs, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet, programs for generating such serial numbers, logins , passwords and other means, as well as links to such information);
- Content containing viruses, computer codes, files or programs designed to violate, modify, destroy or limit the functionality of KidGram, Telegram or other programs, as well as equipment, or to provide unauthorized access to them;
- Content that is illegal, harmful, indecent, libelous, defamatory, offensive, immoral, threatening, pornographic, hostile;
- Content containing (promoting) harassment, hatred, violence, cruelty, racial, ethnic, sexual, religious, social or any other discrimination, as well as pornography, child erotica or advertising of sexual services;
- Content explaining the procedure for the manufacture, use or other use of weapons, explosives, as well as narcotic substances and their analogues;
- Content that encourages people to do something that could be considered a crime or a violation of any law, or be considered inappropriate for other reasons.
- If the User becomes aware (or has reasonable doubts) that the content no longer complies with the requirements of applicable law and / or violates the rights and legitimate interests of any persons, or the circumstances specified in this section no longer correspond to reality, or the content violates the requirements of clause 7.3., then the User is obliged to delete the relevant content using the KidGram functionality, and if this is not possible, then immediately notify ELARI.
9. CREATING AND USE OF A CHILD'S ACCOUNT
- The creation of a Child Account is carried out by the User using the functionality of KidGram and as part of the registration procedure, the details of which are established by ELARI. Upon completion of the registration procedure, a unique Child Account is created on the KidGram service and a corresponding account on the Telegram platform, which is associated with the personal account of the User of the ELARI SafeFamily mobile application and which is necessary to use certain KidGram functionality.
- To register and create a Child Account, the User undertakes to provide the minimum required information about himself and the Child on the issues proposed in the registration form. If the functionality of KidGram provides for the use of an image of the User or a Child when creating a Child Account and the User has provided such an image, then ELARI has the right to use and process this image, in particular, for the purpose of indicating the age of the Child and his other social characteristics at the discretion of ELARI.
- In the process of registering a Child's Account, an authorization mechanism is selected, using which the User has access to the Child's Account and to certain KidGram functionality. ELARI has the right to establish (and change from time to time) the requirements and rules applicable to the mechanism of such authorization. The User has the opportunity to update the authorization mechanism when updating the Child's Account, if it is provided by the functionality of KidGram or the ELARI SafeFamily mobile application.
- The User is responsible for the reliability of the authorization mechanism to the extent that it was chosen by him when creating the Child's Account, and is fully responsible for its confidentiality. The User assumes all risks arising from the knowledge of the details of the authorization mechanism by a third party (including the risks of unauthorized access by third parties to the Child's Account and the risks of actions by such third parties on behalf of the User). The User is also obliged to notify ELARI of the misuse of the Child's Account.
- The User is obliged not to create more than one Child Account for one Child, except as permitted by ELARI.
- The User is obliged not to create a new Child Account without the permission of ELARI in case of blocking the previously created Child Account by ELARI.
- Within the functionality of KidGram, the User has the right, and in some cases the obligation, to change the information contained in the Child's Account.
- The User undertakes to keep the information contained in the Child's Account up to date. ELARI has the right to require the User to confirm the specified information, incl. request relevant supporting documents.
- ELARI has the right, if there are grounds, and also at the request of the User, to delete the Child's KidGram Account.
10. PROCESSING OF PERSONAL DATA
11. OTHER RIGHTS AND OBLIGATIONS
- ELARI is obliged:
- Refrain from any actions that could hinder the use by the User of the functionality of services and mobile devices under the ELARI brand, unless the introduction of restrictions is necessary to ensure the operation of services and mobile devices under the ELARI brand, is allowed by the Terms or applicable law.
- Ensure the confidentiality of the information entered by the User when using the services, except for the cases when such information is posted in the public sections of the services.
- Provide the User with information on issues related to the services. The volume and terms of providing information are determined in each specific case by ELARI independently.
- ELARI has the right:
- Unilaterally terminate the Terms, having previously notified the User about it through the functionality of the services within a reasonable time before the date of such termination.
- Block or delete the Child’s Account, as well as refuse (temporarily or permanently) the User to use the services or certain functionality of the services if (a) the User violates the Terms and (or) applicable law, or (b) ELARI has reason to believe that any of these violations occurs.
- Delete comments, information, content of the User at the discretion of ELARI, as well as at the request of authorized bodies or interested parties.
- Send informational messages to the User (including when using the services) and advertising messages using the services.
- Notify other users of the services about the public actions of the User.
- Modify, adapt and update services, add new properties and functionality of services.
- Temporarily stop the operation of the services, as well as partially restrict or completely terminate access to the services until the completion of the necessary maintenance and / or upgrade of the services.
- The user is obliged:
- Use the functionality of the services only within the limits of those rights and in the ways provided for by the Terms.
- Do not copy the services or its elements in any form, and do not create derivative works based on them without the prior written consent of ELARI.
- Do not disrupt the operation of the services, including not using software and (or) hardware to interfere with the normal functioning of the services.
- Respect the rights of third parties (including minors), in particular (a) respect the property and non-property rights of authors and other copyright holders, (b) not mislead them (or ELARI) and / or not provide them (or ELARI) false information, (c) do not represent yourself as an employee or representative of ELARI, (d) do not collect through the services and do not store information about these persons or their personal data.
- Ensure the confidentiality of information obtained when using the services.
- Do not distribute advertising materials or spam using the services and / or users of the services without prior approval from ELARI.
- Facilitate in any way the actions of other users of the services if they violate the Terms or applicable law in relation to the services when using the services.
- Get acquainted with the current version of the Terms each time you visit the Services.
- The user has the right:
- Use the Services in accordance with the Terms and in full and unconditional compliance with the Terms.
- Require ELARI to provide access to the services in accordance with the Terms.
- Receive additional information about the operation of services from ELARI representatives using the contacts listed on the official ELARI website and/or in the Unified State Register of Legal Entities.
- Refuse to use the services in case of disagreement with the Terms.
- ELARI's failure to exercise its right under the Terms or a similar agreement with another user of the services does not mean a waiver by ELARI of this right or any other right, and / or the exercise of this right or any other right, and / or a waiver of conditions in any part.
12. ELARI RIGHTS IN INTELLECTUAL ACTIVITIES
- Services, any of its elements (including design elements, trademarks, text, graphics, audio and video works, computer programs, databases, as well as any other results of intellectual activity), information content (content) of the Services (including texts, graphic, sound information and any other information ELARI places on the Services), as well as used by ELARI to individualize itself, its activities and products, trademarks, service marks, logos and brands, trade names and commercial designations, corporate identity, unregistered designations , as well as all and any applications for registration of rights to these objects (together and each separately - "ELARI RID"), belong to ELARI or ELARI affiliates, except for cases,when one or another result of intellectual activity has a different owner (in particular, Telegram) or a legal user.
- ELARI does not grant or alienate to the User any rights in relation to ELARI RIA under the terms of a simple (non-exclusive) license and/or exclusive license and/or assignment of rights to the results of intellectual activity and/or otherwise permitted and implied by applicable law form.
- The use by the User of the content, as well as any RIA of ELARI (including their individual elements) is allowed only and to the extent that ELARI has given the User express written consent and only if such use is necessary for the User to use the functionality of the services for their intended purpose.
- In the case of the permitted use by the User of the content or any RIA of ELARI, the preservation of all marks of protection and (or) notices of authorship, compliance with other requirements of applicable law, as well as indicating a link to the services and to ELARI is mandatory.
13. LIMITATION OF ELARI'S LIABILITY
- The right to use the services in accordance with the Terms is provided on an “as is” basis, and ELARI makes no other warranties or representations, including, without limitation, any implied warranties or representations regarding the fitness of the services for a purpose, and /or requirements and/or expectations of the User, a satisfactory level of quality of services, error-free and uninterrupted operation of the services, the ability to use the services for any specific purpose to the maximum extent permitted by applicable law.
- Without limiting the generality of the foregoing, ELARI does not warrant, represent or undertake that the services will operate continuously, quickly, reliably, error-free or secure, that the services will be error-free, that any defects or errors in the operation of the services will be corrected, that services will be compatible with any equipment and / or software of the User, and that information stored or transmitted using the services will not be lost, corrupted or destroyed.
- The entire responsibility for the selection of services for use in order to achieve the results desired by the User lies solely with the User. ELARI does not warrant, represent or warrant that these results will be accurate and/or reliable and may be used for any purpose or in any capacity. ELARI is not responsible for any harm, including moral, that may be caused to the User when using the services.
- ELARI is also not responsible for non-fulfillment or improper fulfillment of obligations under the Terms, as well as possible losses incurred, including, but not limited to, as a result of:
- Illegal actions of third parties aimed, among other things, at violating information security or the normal functioning of services or gaining access to information stored on ELARI servers (including by hacking the protection of sources or places of information storage);
- Violations of the performance and / or security of software and hardware used by ELARI for the purpose of organizing access to services;
- Failures and / or disruptions in the operation of the services caused by errors in the code, computer viruses, malware and other extraneous code fragments in the software of the services, as well as updates and fixes of the services;
- Obtaining any information and/or materials, access to which the User receives using the services;
- Damage caused to the smartphone or other technical means of the User, or to third parties (including as a result of data loss);
- Absence (impossibility of establishment, termination, etc.) of Internet connections between the User's server and the service server;
- Conducting operational-search activities by state bodies;
- Establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and / or the establishment by the specified entities of one-time restrictions that make it difficult or impossible to comply with the Terms or part thereof;
- Visits and / or use by the User of external resources, links to which may be contained in the services;
- Other cases related to the actions / inaction of third parties aimed at worsening the general situation with the use of the Internet and / or computer equipment that existed at the time of the conclusion of the Terms;
- Use by the User of an unupdated and/or incomplete and/or uncorrected version of the services;
- Gaining access by the User to chats in Telegram, including when the Child gains access to pornographic or other content.
- ELARI performing preventive maintenance in services.
- ELARI is not responsible for the possible use of the User's personal data due to:
- technical problems that have arisen in software, servers or computer networks that are beyond the control of ELARI;
- interruptions in the operation of the services associated with the intentional or unintentional use of the services for other purposes by third parties;
- transferring passwords or information used in the services by users to other persons.
- A link (in any form) to any website, product, service, any information of a commercial or non-commercial nature posted in the services does not constitute an endorsement or recommendation of these products (services, activities) by ELARI, except as expressly and unambiguously indicated by ELARI.
- In all cases when ELARI has an obligation to indemnify the User for losses, such liability arises only for guilty actions.
- If ELARI is held liable or sanctioned in connection with violations of the rights and/or interests of third parties committed by the User (in particular, indication of false data, disclosure of trade secrets or other confidential information, violation of property and personal non-property rights, including copyright and related rights), as well as prohibitions or restrictions established by law, such User is obliged, at the request of ELARI, to settle the claims that have arisen on his own and at his own expense, as well as to fully compensate for the losses of ELARI.
14. GOVERNING LAW AND DISPUTES RESOLUTION
- The interpretation, validity, legality and performance of the Terms are governed by the laws of Israel («Governing laws»). The Governing laws, without reference to conflict law rules, shall govern this Terms and any attached documents, as well as any dispute of any sort that may arise between the Parties.
- The Parties will strive to resolve all disputes and disagreements that may arise under the Terms or in connection with it, through negotiations. The claim procedure for pre-trial settlement of disputes from the Terms is mandatory for the Parties.
- Disputes from the Terms are resolved in courts (arbitration courts) in compliance with the rules on jurisdiction and jurisdiction established by Governing laws.
15. TERM OF THE CONTRACT
- The Terms are valid from the date of its conclusion by the Parties and automatically terminate after 10 (ten) years from the date of the last use of the services by the User.
16. AMENDMENT OF THE AGREEMENT
- ELARI has the right to change the Terms at any time and without the consent of the User by publishing a new version in the services or on the website.
- The new version of the Terms comes into force from the moment it is posted in KidGram or brought to the attention of the User in another convenient form, unless otherwise provided by the new version of the Terms.
- The User is obliged to get acquainted with the current version of the Terms at each visit to the Services.
- The User has the right to unilaterally withdraw from the Terms if he does not agree with the changes to the Terms, within 30 (thirty) calendar days from the date when he learned or should have known about the relevant changes.
- ELARI reserves the right, at its sole discretion, to terminate the access of the User who violates the Terms, other rules governing the functioning of the services, to the services, both in general and in part, including terminating or temporarily suspending the User's access to the Child's Account.