CITYSHOB RESERVES THE RIGHT TO MAKE CHANGES IN THE TERMS, IN ITS SOLE AND ABSOLUTE DISCRETION BY PUBLISHING AMENDED TERMS. YOUR CONTINUED USE OF THE APPLICATION AFTER THE POSTING BY CITYSHOB OF AN UPDATED TERMS, CONSTITUTES YOUR AGREEMENT TO ANY AMENDED VERSION OF THE TERMS.
The following capitalized terms used in this Agreement shall have the meanings ascribed thereto below:
Agreement means these Terms as may be amended from time to time in writing;
Application or C5-Chiapas App means a global emergency services application named – C5-Chiapas App. By using data communication, on the occurrence of an emergency event (the \”Emergency Event\”) the Application enable a user to report directly to emergency serveries and/or municipalities agencies and keep record of the Emergency Event by taking pictures/videos of the Emergency Event in real time.
CityShob means CityShob Software Ltd of HaAlon 4 St., Kfar Netter, Israel.
Intellectual Property means any and all rights of any nature arising out of, evidenced by or associated with patents, developments and discoveries (whether patentable or not), utility models, invention registrations, and applications therefor and all reissues, divisions, renewals, extensions, provisionals, continuations and continuations-in-part thereof, registered designs, registered trademarks and service marks, and all extensions and renewals thereof, unregistered trademarks and service marks, business and customer names, unregistered designs, internet domain names and email addresses, design rights, trade names, trade dress, logos, goodwill, topography rights, rights in inventions, improvements, trade secrets, proprietary information, technology, software, source code, object code, technical data, utility models, database rights, know-how and copyrights (including moral rights), copyright registrations and applications therefor; applications for any of the foregoing and the right to apply for any of the foregoing in any country; rights under licenses, consents, orders, statutes or otherwise in relation to the foregoing; rights of the same or similar effect or nature which now subsist; any corresponding or equivalent rights to any of the foregoing, whether registered or not, anywhere in the world; any names, logos and other identifying marks included in or associated with the Application or any related documents, identifying CityShob or its products and the right to sue for past and future infringements of any of the foregoing rights;
License means the license to the Application granted by CityShob to You pursuant and subject to the Terms hereof, as further detailed in the paragraph entitled \”License Grant\”.
Person means an individual, corporation, partnership, limited liability company, association, trust or other entity or organization, including a governmental authority.
Subject to the terms and conditions of these Terms, CityShob hereby grants You, a limited, personal, non-exclusive, non-assignable, revocable, non-sublicensable license to use a copy of the Application on a Device that You own or control, for personal use only, all in accordance with the terms and subject to the conditions contained in these Terms (the “License“). CityShob reserves all other rights to the Application that were not explicitly granted under these Terms. The License is conditioned upon Your full compliance with the terms of these Terms and shall be immediately terminated upon any breach by You of any of the terms hereof.
By using the Application you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations that govern your use of such Application. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct and acceptable contents.
Restrictions and prohibitions
You acknowledge that You are over the age of 18 and have the power and authority to agree to these Terms. If You are under the age 18 and using the Application, You acknowledge that Your parents and/or Your legal guardian have agreed to these Terms on your behalf.
You hereby undertake not to use the Application in any way to: (i) Interfere with, disrupt, limit or prevent the use of the Application; (ii) Upload content and/or information which is misleading, false or harmful to CityShob; (iii) Upload information which is abusive, defamatory or threatening; (iv) Harass or falsely report an incident; (v) Commercially exploit or make business use of the Application or any information transmitted there through; (vi) Perform an action which is against the law.
Unless if it is expressly permitted in these Terms, You hereby consent that You shall not, without prior written consent of CityShob: (i) use, modify or integrate the Application into other software, or create derivative works from any part of the Application; (ii) sell, license (or sub-license), lease, assign, transfer, pledge or share Your rights according to these Terms to and with any other person; (iii) distribute or copy the Application for the benefit of third parties; (iv) disclose the results of the Application’s performance, or use of these results for a competing application development; and/or (v) modify, disassemble, reverse-compile, reverse engineer, update or improve the Application or attempt to discover the source code of the Application.
You undertake to refrain from any attempt to collect information and User Content via the Application, including through technological means, operation or assistance to the operation of a computer application or by any other means designed to scan and/or copy and/or retrieve and/or mine information, to refrain from executing and/or causing any change to the Application, including to other users’ content, and not to interfere with the Application’s source code.
You shall inform CityShob, immediately, regarding any possibility of damage that may be caused to other users and/or third parties and/or CityShob and/or of an existing or anticipated breach of the applicable law, due and/or as a result of Your use of the Application.
Any content reported by you to public authorities (emergency, municipality and/or other) (“Authorities“) via the Application as part of an event, including your location, video & audio, text and pictures from your Device (“User Content“) shall be accompanied by Your contact details as provided upon your installation of the Application.
You undertake that there is no legal and/or contractual and/or any other obligation that prevents You from uploading and/or publishing and/or transferring the User Content and that said User Content is not in any breach of any applicable law and is not in breach of any right of any third party.
Any User Content uploaded by You shall be under Your sole and exclusive responsibility and CityShob will not be responsible in any way for such User Content.
You shall be fully liable for the User Content uploaded and/or shared by You, including without limitations for act of defamation and/or breach of privacy and/or violation of proprietary rights and/or contractual and/or violation of a judicial decree and/or any other violation, and You expressly exempt CityShob, including its representatives, employees, managers and shareholders acting on its behalf (“Representatives“), from any and all responsibility and/or liability in connection therewith.
You hereby undertake to indemnify CityShob and/or its Representatives, immediately upon their first request, for any damage, injury, loss, expense, fee, lost profits, lost data, loss of use and damage to goodwill, that they may incur by any claim and/ or demand by a third-party (including the Authorities), including any legal fees, due to violation by You of these Terms, concerning Your activities via the Application. Aforementioned indemnification shall not derogate from any remedy that CityShob is entitled to by any applicable law.
You acknowledge and agree that You must evaluate the risk in sending User Content before it is uploaded and bear all risks with respect to uploading such User Content and that in no event shall CityShob be liable for any damage cost or expense caused to a third party by the uploading of User Content of such third party and You hereby exempt CityShob, fully and completely, including its Representatives of any responsibility for damage cost or expense accruing from or likely to be caused to any third party in connection with the publication of User Content, and/or in connection with damages incurred or which may occur as a result of the publication of User Content, as aforementioned.
CityShob may, at its sole discretion, refuse to allow You to share User Content with any Authority without the need to receive Your consent or provide You with prior notice, in case that CityShob suspects of violation and/or risk of violation of the provisions of these Terms, the provisions of the applicable law or the rights of third parties and/or in case of a request by a competent authorities and/or as a result of technical reasons, including technological changes, or due to the request of the receiving party, even if backups of User Content are not saved and stored. CityShob may also notify You that there is no need for any such User Content and therefore no such User Content will be uploaded. You acknowledge that CityShob and/or the authorities may use the User Content, in its sole and absolute discretion for any purpose whatsoever and you hereby grant CityShob and its successors a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable and transferable license to use, copy, reproduce, alter, modify, create derivative works of, distribute, publish, display, perform, transmit, stream, broadcast or otherwise exploit your User Content without limitation and without the right to receive any compensation therefore whatsoever.
When You upload User Content via the Application, You grant the Authority with which You choose to share the User Content, a perpetual, irrevocable and free of charge, perpetual license to use and save such User Content, as well as Your contact details as provided upon your installation of the Application, and represent that You are the owner of such User Content and that such User Content does not belong to a third party including a captured third party and subject to the applicable law.
Ownership and Intellectual Property Rights
You acknowledge and confirm that the Application and any materials related thereto including, but not limited to, material, text designs, software, music, video, graphics and materials contained in advertisements or messages sent to You or commercial information offered to You by CityShob, or that were created or developed by CityShob are the exclusive property of CityShob and/or properly licensed from other third parties and shall remain at CityShob’s exclusive property at all times. All Intellectual Property rights that exist and/or are embodied in the Application, and/or attached, linked, and/or referring to the Application, are the exclusive property of CityShob and will remain the exclusive property of CityShob as stated.
These Terms does not provide You with any rights in the Application and/or regarding it, and/or in any materials to be transferred to You and/or in any content including User Content, rather only a limited right to view those materials provided to You in accordance with these Terms and the provisions of the applicable law. Nothing stated in these Terms constitutes a waiver of the intellectual property rights of CityShob or any third party under any law.
Third Party Software
If the Application includes any software that has been supplied by third parties, then such software is provided “as is” without warranty of any kind, and said software will be subject to the limitations and conditions which are required by said third party.
Upgrade, Maintenance and Support
CityShob in its sole discretion may from time to time upgrade the Application, electronically (i.e application stores) and automatically the Application You are using on Your Device. You hereby give Your consent to such automatic upgrading, and agree that these Terms apply to all such upgrades.
CityShob will have no obligation to provide support, maintenance, upgrades, modifications or new versions of the Application.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS” AND \”AS AVAILABLE\” WITH ALL FAULTS AND CITYSHOB EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CITYSHOB PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE SECURELY OR WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE.
CITYSHOB ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY COMMUNICATION.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE APPLICATION MAY NOT PROTECT YOU FROM ANY KIND OF ATTACK. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE APPLICATION MAY NOT FUNCTION IN DIFFERENT SITUATIONS SUCH AS (I) LACK OF RECEPTION (UNDERGROUND AREAS, ELEVATORS, ISOLATED AREAS AND LIKEWISE) (II) SERVER DISFUNCTION (III) SMARTPHONE DISFUNCTION (IV) IMPROPER USE OF THE APPLICATION, AND THEREFORE CAN NOT BE RELIABLE.
UNDER NO CIRCUMSTANCES SHALL CITYSHOB BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM USE OR INABILITY TO USE OR ANY DELAY IN OR MELFUNCTION IN THE APPLICATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE APPLICATION AND/OR SERVICES REMAINS WITH YOU.
ANY CLAIM SUIT OR DEMAND BY YOU AGAINST CITYSHOB WITH RESPECT TO THESE TERMS AND/OR THE LICENSE GRANTED HEREIN WILL BE RAISED NO LATER THAN 3 MONTHS FROM THE DATE OF THE CAUSE FOR THE CLAIM.
CityShob may terminate the License granted to You under these Terms to use the Application at any time and for any reason. Without derogating from the aforementioned, Your violation of the terms of these Terms shall result in the immediate termination of the License provided to You under these Terms.
Effect of Termination
Upon the termination of the License, You will cease all further use of the Application and delete or destroy any information that is held by You electronically, including any User Content, that is in your possession within the framework of the use of the Application.
Governing Law; Jurisdiction
These Terms shall be construed and governed under and by the laws of the State of Israel. The parties agree that exclusive venue for any legal action relating hereto shall be in the courts of Tel Aviv Jaffa, Israel. For implementation of these Terms and all its consequences, You waive such of its rights and privileges under any other law or legal system, such as the law of the place of performance, as is necessary to give effect to the term and conditions hereof.
You agree to indemnify, defend and hold harmless CityShob and its parent companies, Affiliates, subsidiaries and each of its and their respective officers, directors, employees, agents, distributers, advisors, consultants, subcontractors, successors and assigns from and against 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 Application in violation of these Terms or arising from a breach by You of these Terms or any breach in Your representations or warranties’ including with respect to the User Content that You transferred via the Application.
Entire Agreement. These Terms sets out the entire agreement with respect to the subject matter hereof and supersedes all prior or contemporaneous representations, warranties, agreements, negotiations, communications or understandings, whether oral or in writing. The terms and conditions of these Terms and shall supersede the terms and conditions of any license agreements of software products comprising the Application.
Severability. Should any term of these Terms be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
Waiver. No waiver of any term, provision or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
Notices. All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail or when sent by facsimile or e-mail to either parties’ last known post office, facsimile or e-mail address, respectively. You hereby consent to notice by e-mail. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party. CityShob’s address for notice is HaAlon 4 St., Kfar Netter, Israel, Support@CityShob.com, Attention: Support.
Force Majeure. Neither party shall be liable for, nor shall either party be considered in breach of this Agreement due to, any failure to perform its obligations under these Terms (other than a failure to pay amounts due) as a result of a cause beyond its control.
Non-Assignment. These Terms may not be assigned by You without the prior written consent of CityShob. CityShob may assign this Agreement without Your consent.
Section Headings. Section headings have been included for convenience of reading solely and shall not be used in the interpretation of this Agreement.
Last Revised: March 14, 2022- v.2
This Policy was designed to make important disclosures about how we collect and use our users’ content and information and how to use the application to share such information.
By installing or using the Application You acknowledge that You are over the age of 18 and have the power and authority to agree to the term of this Policy. Please read it carefully. IF YOU OBJECT TO ANY OF THE TERMS PROVIDED HEREIN DON’T INSTALL OR USE THE APP.
- What type of information we collect?
We collect data and information from our users that identifies an individual or may with reasonable effort identify an individual (“Personal Information”). This may include User’s phone number, device persistent identifier (e.g. IMEI) location data or any other information you voluntarily submit by your use of the App, such as store any information you provide to us in any other way (i.e. location of events, descriptions and attachment you add to the events, customer support interactions, etc.), the type of mobile device you use, your mobile devices unique device ID, your mobile operating system, and information about the way you use the Application. In order to send the emergency services to the event location, your mobile device will need to allow the C5-Chiapas App access to your device location.
- How may we use the information we collect?
We may use and share Personal Information in the manners described in this Policy.
We will send the event to relevant emergency services and/or municipalities agencies to handle the event reported from the App
- Information Disclosure:
We may transfer or disclose Information to our subsidiaries or service providers who are located in different jurisdictions across the world, for the purpose of: (a) storing or processing such information on our behalf or to assist us with our business operations and to provide and improve our App; (b) performing research, technical diagnostics, analytics or statistical purposes; or (c) referring reports to third party emergency agencies and authorities to handle reported events. We may disclose Personal Information, or any information you submitted via the App if we believe that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies, including investigations of potential violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our users, yourself or any third party; (vi) for the purpose of collaborating with law enforcement agencies and/or in case we find it necessary in order to enforce intellectual property or other legal rights. We and our data partners or/and customers may also obtain information from other sources and combine that with information we collect through our App to identify you on other devices.
- Third party collection of information
- For how long do we retain the information we collect?
We will retain the information we collect for as long as needed to provide the services offered through the App and to comply with our legal obligations, resolve disputes and enforce our agreements. We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.
We take great care in implementing and maintaining the security of the App and your information. We employ industry standard procedures and policies to ensure the safety of our users’ information, and prevent unauthorized use of any such information. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our App, and we make no warranty, express, implied or otherwise, that we will prevent such access.
If you feel that your privacy was treated not in accordance with our policy, or if any person attempted to abuse our service or acted in an inappropriate manner, please contact us directly at – Support@CityShob.com
If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at: Support@CityShob.com.
- How to contact us
If you have any general questions or the information that we collect about you and how we use it, you can contact us at: Support@CityShob.com