CarFully welcomes you to our application (together with its Content as defined below, the “Application”). Please read the following Terms of Use (the “Terms”) carefully before using this Application so that you (“You” or “Your”) are aware of Your legal rights and obligations with respect to the Application provided by CarFully Ltd., its affiliates and subsidiaries (individually and collectively, “CarFully” or “We”).

 

CarFully reserves the right to discontinue providing any of the services and information available on the Application, to make changes or updates to this Application, or to the products or programs described in this Application, or to these Terms at any time without further notice. Your continued use of this Application following such changes signifies your acceptance of the revised Terms.

 

1. Your Acceptance; Privacy Policy

By using or visiting this Application, including without limitation contributing to or viewing the Application’s Content (as defined below), you signify your assent to (1) these Terms; and (2) CarFully’s privacy policy the “Privacy Policy”). These Terms apply to all users of the Application. If You do not agree to these Terms or the Privacy Policy then please do not access or otherwise use the Application or any information contained herein.

 

2. Ability to Accept Terms

You affirm that You are over the age of 13, as the Application is not intended for children under 13.

 

3. Application Access

CarFully hereby grants You permission to use the Application, provided that: (i); You will not copy, distribute or modify any part of the Application without CarFully’s prior written approval; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Application; and (v) You comply with these Terms.

 

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” and “offline readers,” that accesses the Application in a manner that sends more request messages to the CarFully servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. CarFully grants the operators of public search engines permission to use spiders to copy materials from the Application for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. CarFully reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Application, nor to use the communication systems provided by the Application for any commercial solicitation purposes.

 

CarFully has the right to terminate your access to the Application, in its sole discretion, immediately and with or without cause.

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4. Intellectual Property Rights

The content on the Application, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, user submissions and any other content on the Application (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to CarFully. Content on the Application is provided to You “AS IS” for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without CarFully’s prior written consent. CarFully reserves all rights not expressly granted in and to the Application. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to 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 enforce limitations on use of the Application.

 

“CarFully”, the CarFully logo, and other marks are Marks of CarFully or its affiliates. All other trademarks, service marks, and logos used on our Application are the trademarks, service marks, or logos of their respective owners.

 

This section shall survive any termination of these Terms.

 

5. Your Data

All data and content which You may make available to CarFully within the Application and in connection with these Terms ("Your Data") is stored in a private and secure fashion, and will not be used by CarFully except as necessary to provide CarFully services. As between You and CarFully, You retain ownership of all Your Data, including all right, title and interest therein. You hereby grant to CarFully a limited, non-exclusive, non-transferable right to use, display, transmit and distribute the Your Data solely in connection with providing CarFully’s services. In addition, CarFully may use Your Data to create aggregated data (e.g. with other customers) and statistics, and CarFully may use and disclose such data and statistics in its discretion so long as any disclosed data does not identify You or any individual. 

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6. Disclosure

We reserve the right to access, read, preserve, and disclose any user submissions (whether published or not) or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of CarFully, its users or the public.

 

7. Links

The Application may contain links to third party applications/websites that are not owned or controlled by CarFully. CarFully is not affiliated with those applications, has no control over those applications, and assumes no responsibility for the content, privacy policies, or practices of any third-party applications. In addition, CarFully will not and cannot censor or edit the content of any third-party site. By using the Application, You expressly release CarFully from any and all liability arising from your use of any third-party application. Accordingly, we encourage you to be aware when you have left the Application and to read the terms and conditions and privacy policy of each other application that you visit.

 

8. Information Description.

CarFully attempts to be as accurate as possible. However, CarFully cannot and does not warrant that the Content available on the Application is accurate, complete, reliable, current, or error-free. CarFully reserves the right to make changes in or to the Content, or any part thereof, according to its sole discretion, 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.

 

9. Limitation of Liability and Warranty

THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE APPLICATION ARE FOR PAYMENT.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND CARFULLY, THE APPLICATION (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY), IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE APPLICATION WILL FUNCTION AS CLAIMED, CARFULLY DOES NOT GUARANTEE THAT THE APPLICATION WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE APPLICATION WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT CARFULLY WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC. YOU SPECIFICALLY ACKNOWLEDGE THAT CARFULLY SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, CARFULLY 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. CARFULLY DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE APPLICATION.

UNDER NO CIRCUMSTANCES SHALL CARFULLY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APPLICATION AND ITS SERVICES EVEN IF CARFULLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT THE CARFULLY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE APPLICATION. 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.

 

10. Indemnity

You agree to defend, indemnify and hold harmless CarFully, its affiliates, and their 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 the Application; (ii) Your violation of these Terms; or (iii) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right. This defense and indemnification obligation will survive these Terms and Your use of the Application.

 

11. General

CarFully reserves the right to discontinue or modify any aspect of the Application at any time. These Terms, the Privacy Policy and the relationship between you and CarFully are governed by and construed in accordance with the laws of Israel, without regard to its principles of conflict of laws. You and CarFully agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with the Privacy Policy and any other legal notices published by CarFully on the Application, shall constitute the entire agreement between you and CarFully 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 AND CARFULLY AGREE THAT ANY CAUSE OF ACTION 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.

 

12. Contact Us

In case of any questions or inquiries about the Terms of this Application, or its implementation, please contact us at info@carfully.app