This End-User License Agreement ("Agreement" or "EULA") governs your use of the "MobiJobi" software ("Software") and Services (described in Section 5) provided by MobiJobi Ltd, its subsidiaries and contractors ("MobiJobi") designed to operate on your iPhone, iPod touch iPad or Android devices (your "Mobile Device") and web browser ("web application"). The Software is licensed, not sold.
You, the end-user of the Software, acknowledge that the Agreement is entered into by and between MobiJobi and you and not with Apple, Inc or Google, Inc. or its subsidiaries ("Apple"). You also acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
Your use of the Software constitutes your acceptance of the terms of this Agreement, which may be amended from time to time by MobiJobi. The most recent version of this Agreement shall always be available on the Internet at http://www.MobiJobi.com. MobiJobi reserves the right to change or modify this Agreement or any other MobiJobi policies related to use of the Software or Services at any time, and at its sole discretion, by posting revisions on the Internet at http://www.MobiJobi.com. Continued use of the Software and Services following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
Subject to the terms of this Agreement, MobiJobi grants to you a nontransferable, nonexclusive, royalty-free, fully paid, worldwide license (without the right to sublicense) to install and use one copy of the Software, in executable object code format only, solely on your Mobile Device.
2. License Restrictions.
You agree to the following license restrictions: (a) to use the Software solely for your personal use; (b) to not duplicate, copy or distribute the Software except as necessary to use it on your Mobile Device; (c) to not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party; (d) to not copy the written materials accompanying the Software; (e) to not modify, translate, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Software in order to build a similar or competitive product or service; and (f) to preserve all copyright and other proprietary rights notices on the Software and all copies thereof.
3. Copyrights And Trademarks.
You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of MobiJobi and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by MobiJobi or its suppliers.
This Software is protected by copyright laws, international copyright treaties, other intellectual property laws and treaties.
iPhone, iPod touch and iPad are trademarks of Apple, Inc., registered in the U.S. and other countries. Android is a trademark of Google, Inc. registered in the U.S and other countries. Waze is a trademark of Waze Inc. All other trademarks appearing in the Software, Services or Agreement are the property of their respective owners.
4. Updates Or Upgrades To The Software.
MobiJobi is not obligated to provide any updates or upgrades to the Software.
5. Services; Third-Party Materials.
The Software may enable access to MobiJobi's and Third-Party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and you accept additional terms of service by making use of these Internet-accessible Services.
You agree to use the Services at your sole risk and that MobiJobi shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You acknowledge that the content you encounter does not necessarily reflect the opinions or policies of MobiJobi.
Certain Services may display, include or make available content, data, information, applications or materials from ("Third-Party Materials") or provide links to certain Third-Party web sites. By using the Services, you acknowledge and agree that MobiJobi is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites. MobiJobi does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Services, Third-Party Materials or web sites, or for any other materials, products, or services of Third Parties. Third-Party Materials and links to other web sites are provided solely as a convenience to you. Location data provided by any of the Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither MobiJobi, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or location data displayed by any of the Services.
You agree that the Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that MobiJobi is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, Third-Party Services and Third-Party Materials that may be accessed from, displayed on or linked to from the Mobile Device are not available in all languages or in all countries. MobiJobi makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to, applicable local laws.
MobiJobi reserves the right to change, suspend, remove, terminate, or disable access to any Services for any or no reason at any time without notice. In no event will MobiJobi be liable for the removal of, termination, or disabling of access to any such Services. MobiJobi may also impose limits on the use of or access to certain Services, in any case, and without notice or liability.
B. Workforce Management Service ("WMS")
i. Scope Of The Service
The WMS is a Service provided by MobiJobi to you. To use this Service, you have to be a member in one or more of the Teams provided by the MobiJobi's Service. The Teams available as part of the MobiJobi service are Customers of MobiJobi. In order to use the Service, you need to be invited by one or more of the Teams. Once you choose to become a Member (by installing this software and accepting this EULA), you allow the Teams to access you location information and punch-in/punch-out information, as well as to view you email address, photograph and other personal information that you provided during the registration process.
ii. Costs (mobile and web applications)
Mobile: There is no monetary cost to use the WMS mobile app as an end user. There is no cost to view tasks and update information on tasks.
Web application: There is monetary cost to use the web application, prices are subjected to changes and price list is published and updated at the mobijobi website
iii. Representations And Warranties From The Purchaser.
You represent and warrant that (a) you are 16 years of age or older; (b) the updating and use of your location through MobiJobi's Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person; and (c) the use of MobiJobi Service does not result in a breach of contract between you and a third party.
iv. Review Of Task Uploaded To WMS.
You agree that each Task you upload to the Service may be reviewed by MobiJobi for potential technical, non-technical or issues. You agree to waive any right to contest any decision by MobiJobi to reject, remove, delete, or refuse to update any task created by you.
v. Use Of Your Photographs By MobiJobi.
MobiJobi does not claim ownership of any task or information you upload. However, MobiJobi does need certain rights from you, in order to operate the WMS. Therefore, with respect to your photographs, you grant MobiJobi a worldwide, royalty-free, non-exclusive, fully sub-licensable license to use, distribute, reproduce, modify and publicly display your photographs (in whole or in part) for the purposes of operating the WMS and enabling your use of the WMS.
The Software may display advertisements and promotions, and you agree that MobiJobi may place such advertisements and promotions on, about, or in conjunction with your task data. The manner, mode and extent of such advertising and promotion are subject to change without specific notice to you.
You agree that MobiJobi shall have the right to archive copies of the tasks, locations and punch-in/out data, and to use this information for reporting now and in the future.
You agree that MobiJobi Team Manager and Administrators shall have the right to view your personal, location, punch-in and punch-out data, and you herby grant them the right to use this information to whatever need they require.
vii. Use Of Your Personal Information.
In order to use the Service, you are required to provide an e-mail address and a phone number. If you choose not to provide an e-mail address or phone number, you may not be able to use certain features of the Software. By entering your e-mail address you agree that MobiJobi can use your e-mail address to identify your tasks and to send you electronic communications, with opt-out details, concerning MobiJobi, the Software and Services. MobiJobi will not distribute, rent or sell your e-mail address. No other personal information will be collected by the Software, except for Location information and punch-in/out timing.
Location Based Information. MobiJobi collects personally identifying location-based data from you through the Software. You agree that MobiJobi may collect location-based data from you through the Software, and may use this information.
International Transfers. Your e-mail address and other-personally identifying location-based information collected through the Software may be processed in the United States or another country outside the one in which you reside, through one of the Service's "Cloud Computer Services". By using the Software, you agree to any such transfer of information outside of your country.
viii. Removal Of Photograph and personal information
Should you wish to have your photograph removed from the Service, please e-mail MobiJobi email@example.com with your request to have any photographs associated with your e-mail address and personal information removed. MobiJobi will remove your data as soon as practicable.
6. No Warranty.
You expressly acknowledge and agree that use of the Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Software and Services performed or provided by the Software ("Services") are provided "AS IS" and "AS AVAILABLE", with all faults and without warranty of any kind, and MobiJobi hereby disclaims all warranties and conditions with respect to the Software and Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
MobiJobi does not warrant against interference with your enjoyment of the Software, that the functions contained in, or Services performed or provided by, the Software will meet your requirements, that the operation of the Software or Services will be uninterrupted or error-free, or that defects in the Software or Services will be corrected. MobiJobi assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication. MobiJobi is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the MobiJobi Services. Should the Software or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction.
No oral or written information or advice given by MobiJobi or its authorized representative shall create a warranty.
Under no circumstances shall MobiJobi be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any information posted on or through the Services, or from the conduct of any users of the Services, whether online or offline.
MobiJobi cannot guarantee and does not promise any specific results from use of the MobiJobi Services.
7. Limitation Of Liability.
To the extent not prohibited by law, in no event shall MobiJobi be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Software or Services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if MobiJobi has been advised of the possibility of such damages. In no event shall MobiJobi's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the monthly amount price paid for the Software, if any. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Indemnification By You.
You agree to indemnify and hold MobiJobi, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Software or Services in violation of this Agreement, arising from a breach of this Agreement, any breach in your representations or warranties, or if any information you upload to the Services causes MobiJobi to be liable to another.
9. Export Control.
You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
10. Injunctive Relief.
MobiJobi has the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.
11. Choice Of Law, Jurisdiction And Venue.
You agree that any disputes between MobiJobi and you shall be resolved under the substantive law of Israel (exclusive of its choice of law provisions). The Convention for the International Sale of Goods shall not apply. You and MobiJobi agree to submit all disputes to the exclusive jurisdiction of the state Of Israel, in Tel-Aviv.
12. Section Titles.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
MobiJobi's failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
You may not assign your rights under this Agreement to any third party; MobiJobi may assign your rights under this Agreement without condition.
16. Product Questions, Comments, Claims And Contact Information.
MobiJobi is responsible for addressing any questions, comments or claims relating to the Software and/or your use of the Software. If you have any comments or questions, please contact MobiJobi at the following e-mail address: firstname.lastname@example.org.
The Software license is effective until terminated by you or MobiJobi. Your rights under this license will terminate automatically without notice from MobiJobi if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Software, and destroy all copies, full or partial, of the Software.
19. Consent To Use Of Data.
You agree that MobiJobi may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software. MobiJobi may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
This Agreement constitutes the entire agreement between you and MobiJobi regarding the use of the Software and supersedes any prior or contemporaneous understandings and agreements between you and MobiJobi related to its subject matter.