novoShield End User License Agreement

PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP. 

By clicking the “accept” or “ok” button, or installing and/or using the novoShield mobile software application and/or our desktop browser extension (the “App”) you expressly acknowledge and agree that you are entering into a legal agreement with novoShield Ltd. having offices at 20 Raul Wallenberg, Tel Aviv, Israel  (“novoShield”, we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement”). 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 this Agreement please do not download, install or use the App. 

  • Ability to Accept. By installing the App you affirm that you are over eighteen (18) years of age. 
  • License. Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to: (i) download, install and use the App on a mobile telephone, tablet or device (each a “Device”) that you own or control; and (ii) access and use the App on that Device in accordance with this Agreement and any applicable Usage Rules (defined below). Please note that we do not guarantee that the App and the License will work on all Devices in all circumstances. For example, it is possible that you need Safari iOS in order to use the App and the License.  
  • License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the App; (ii) make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the App; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the App or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vii) use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications; (viii) use the novoShield  name, logo or trademarks without our prior written consent; and/or (ix) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
  • Account. In order to use some of the App features you may have to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account. 
  • Usages Rules. If you are downloading the App from a third-party mobile device platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules”). We specifically refer to the Usage Rules of certain Distributors below in the section below entitled ‘Distributor Requirements and Usage Rules’, but other Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App. 
  • Use of the App in a Vehicle. If you are using the App in a vehicle, you agree: (i) to comply with all applicable traffic laws; and (ii) if you are the driver, not to use the App unless your vehicle is stationary and legally parked.
  • Intellectual Property Rights.
  • Ownership. The App is licensed and not sold to you under this Agreement and you acknowledge that novoShield and its licensors retain all title, ownership rights, and Intellectual Property Rights (defined below) in and to the App (and its related software). We reserve all rights not expressly granted herein to the App. “Intellectual Property Rights” means any and all rights, titles, and interests in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic. 
      1. Content. The: (i) content on the App, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials”), the (ii) User Submissions (defined below), and the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials and User Submissions, the “Content”), is the property of novoShield  and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “novoShield” and the novoShield logo are Marks of novoShield and its affiliates. All other Marks used on the App are the trademarks, service marks, or logos of their respective owners. 
      2. Use of Content. The content on the App is provided to you “as is” for your 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 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. 
  • Payments. 
      1. Subscription Fees. In consideration for the License, you will have to pay the applicable, non-refundable subscription fees set forth in the Subscription Plan (“Subscription Fees”) at such times and for such periods as set forth therein. Your payment may be processed through a third-party payment processing service, and additional terms may apply to such payments. We reserve the right to use other third-party payment processing services for such purposes in the future. Unless otherwise stated in the Subscription Plan, all amounts payable under this Agreement are non-refundable, non-cancellable, and exclusive of all sales, use, value-added, withholding, and other direct or indirect taxes, charges, levies, and duties. For all versions of the Licence, we reserve the right in the future to charge a fee for features and/or uses which are currently made available free of charge. Any failure to pay applicable charges may result in you not having access to some or all of the License.
      2. Trial period. novoShield may offer a free trial period for evaluation purposes during the applicable trial period (“Trial Period”) prior to charging for the Subscription Fees. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE MAXIMUM PERMITTED BY LAW NOVOSHIELD  AND NOVOSHIELD  AFFILIATES WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, OR OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER, WITH RESPECT TO TRIAL PERIODS, AND NOVOSHIELD  HAS THE RIGHT TO TERMINATE A TRIAL PERIOD AT ANY TIME AND FOR ANY REASON.
      3. Free Version. If you are using the ‘Free with ads’ (“Freemium“) version of the App, you will not be charged any fees for your use of the App. If you are using the Freemium version of the App you hereby consent to novoShield redirecting your search queries to other search engines, you further acknowledge and agree that your search queries may be shared with novoShield partners such as advertisers, intermediaries, or search engines. You hereby disclaim any right, claim or cause of action in connection therewith.  
      4. Please be aware that your use of the App may require and utilize internet connection or data access. To the extent that third-party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.
  • Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the content available on the App is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content. 
  • Privacy. We will use any personal information that we may collect or obtain in connection with the App in accordance with our privacy policy, and, to the maximum extent permitted by law, you agree that we may do so. Please also be aware that certain personal information and other information provided by you in connection with your use of the App may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access.
  • Allowlist Requests by Blocked Website Owners. If you are the owner of a website that has been blocked by the App, you may request to have your website put on an allowlist so that it is no longer blocked by the App. To request an allowlist review, please email us at support@novoShield.com. The request should contain all necessary details to allow us to identify the blocked website and the reason(s) you believe it should not be blocked. We reserve the right to approve or disapprove any such requests in our sole discretion. Approved requests will result in the removal of the website block, while disapproved requests will uphold the block.

     

  • Warranty Disclaimers. 
      1. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. 
      2. WE DO NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE, THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE APP. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
      3. WHILE THE APP IS INTENDED TO DETECT MALICIOUS WEBSITES, WE DO NOT AND CANNOT WARRANT THAT THE APP WILL DETECT ALL MALICIOUS WEBSITES IN ALL CONTEXTS, AND THERE MAY BE INSTANCES AND CIRCUMSTANCES, AS WELL AS TECHNOLOGY DEVELOPMENTS, THAT MIGHT AFFECT THE PERFORMANCE OF THE APP IN SUCH CASES.  
      4. IF YOU HAVE A DISPUTE WITH ANY OTHER APP USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
      5. Applicable law may not allow the exclusion of certain warranties, so, to that extent, such exclusions may not apply.
  • Limitation of Liability. 
  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL NOVOSHIELD BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS, OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP EVEN IF NOVOSHIELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOVOSHIELD’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO NOVOSHIELD FOR USING THE APP WITHIN THE ONE (1) MONTH PERIOD PRECEDING THE DATE OF BRINGING A CLAIM. 
  • Indemnity. You agree to defend, indemnify and hold harmless novoShield 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 App; (ii) your violation of this Agreement or applicable laws; and/or (iii) your violation of any third party right, including, without limitation, any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to indemnification by you without first obtaining our express approval. 
  • Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the App nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations. 
  • Updates and Upgrades. We may from time to time provide updates or upgrades to the App (each a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
  • Term and Termination. 
  • This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App. 
  • Upon termination of this Agreement, you shall cease all use of the App. This Section 16 and Sections 7 (Intellectual Property Rights), 10 (Privacy), 11 (Warranty Disclaimers), 12 (Limitation of Liability), 13 (Indemnity), and 17 (Assignment) to 20 (General) shall survive termination of this Agreement. 
  • Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by novoShield without restriction or notification. 
  • Modification. We reserve the right to modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the App. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the App thereafter means that you accept those changes. 
  • Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Yaffo, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. 
  • General. This Agreement, and any other legal notices published by us in connection with the App, shall constitute the entire agreement between you and novoShield concerning the App. In the event of a conflict between this Agreement and any of the foregoing, the terms of this Agreement shall prevail. No amendment to this Agreement will be binding unless in writing and signed by novoShield If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement 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 this Agreement 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 APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  • Third-Party Open Source Software. Portions of the App may include third-party open-source software that are subject to third-party terms and conditions (“Third Party Terms”). A list of any third-party open-source software and related Third Party Terms may be available upon request. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software.
  • Third-Party Sources and Content. 
  • The App enables 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 App may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third-party websites and services; and (ii) our partners and customers. 
      1. 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. 
      2. 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. 
      3. We do not endorse any advertising, promotions, campaigns, products, services, or other materials that are included in any Third-Party Content or that is communicated to you from a Third Party Source.
      4. By using the App you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk. 
  • 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 novoShield, and release novoShield 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.
  • Marketing
  • You acknowledge that novoShield may use your information to send you marketing communications and updates regarding the App and related services. You may at any time choose to unsubscribe to such emails by pressing “unsubscribe” at the bottom of the email.
  • Distributor Requirements and Usage Rules.
  • Apple. If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:
  • You acknowledge and agree that: 
      1. this Agreement is concluded between novoShield and you only, and not with Apple, and novoShield and its licensors, and not Apple, is solely responsible for the App and the content thereof. 
      2. your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service and Apple Media Services Terms and Conditions, effective as of the date that you enter into this Agreement.
      3. the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
      4. novoShield is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App; 
      5. novoShield is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be novoShield’s sole responsibility; 
      6. novoShield, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, including in connection with the App’s use of HealthKit and HomeKit frameworks; 
      7. in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation defense, settlement, and discharge of any such intellectual property infringement claim; 
  • Apple, and its subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. 
  • You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • If you have any questions, complaints, or claims regarding the App, please contact novoShield at support@novoshield.com.
  • By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
  • Nothing in this Agreement is intended to limit or exclude your statutory rights that cannot be limited or excluded by law. 

 

Last updated: 30 November 2023