1. The “Octopus Systems” service is an Mobile & Web service provided by Octopus Systems Ltd. (the “Company”). The App makes use of the cellular device location, as it is registered on the global positioning satellite system (GPS) and transmitted over the cellular network to the Company’s systems, and transfers through the device to the Company’s systems, including through the camera and microphone. This App is designed for smart cellular devices with an Apple and Android operating system only.
4. The Company grants you a non-exclusive, non-transferable, non-assignable, and time-limited license to use the App. It is hereby clarified that the App will remain the exclusive property of the Company. You confirm that you are aware that all rights in the license, including any updates, changes made to the App and any information or other material provided to you by the Company are the sole property of the Company, and all proprietary rights in connection therewith, including copyrights, patents, trade secrets, trade names and all intellectual property rights of any kind, belong exclusively to the Company. You are aware that the software is proprietary and a trade secret of the Company, which is protected under civil, criminal and copyright law, and is a valuable asset of the Company, and you obligated to hold it in confidence for the benefit of the Company.
5. You hereby agree not to:
5.1. transfer, distribute, publicly display, publicly perform, transfer to the public, modify, process, create derivative works from, sell or lease any part of the App or content contained therein, whether by yourself or through or in cooperation with any third parties, through any means, whether electronic, mechanical, optical, photographic or recording.
5.2. misuse the App, including spread of viruses and / or threaten and / or solicit etc.
5.3. copy or reproduce, or allow another person to copy or reproduce, any part of the App, whether in writing, magnetically or otherwise.
5.4. create or attempt to create, or allow others to create or attempt to create, the source software of the software package or any part thereof from the object or from other information (whether verbally, in writing, tangible or intangible) that will be available to you, whether by reverse engineering or otherwise;
5.5. copy for others the App instructions, training material and other user explanation material;
5.6. remove the Company warning with regards to the Company’s trade secrets and copyrights in all copies, changes or partial copies of the App.
6. For the removal of doubt, it is hereby clarified that the Company is not liable for any intellectual property rights in any third-party software, and you are aware that all liability in connection with the intellectual property rights of those softwares is of the third party manufacturers, and in accordance with such softwares’ license agreements with such parties.
10. You confirm that you are aware and agree that the Company and/or its customers and/or cloud services companies with which the Company engages, collect information about you and/or store and/or hold and/or process and/or use such information.
12. You agree to receive from time to time text messages to your mobile phone and/or e-mails and/or through the App and/or by any other means, from the Company and/or the Company’s customers and/or your employer and/or place of work. You are aware that, inter alia, the service is contingent upon satellite signals reception, mobile communications providers, and other third parties, all of which are factors and means completely not in the control and responsibility of the Company.
13. The Company has sole discretion to decide from time to time without having to notify you in advance of changes to the App, including the structure, appearance and design, scope and availability of its services, which content and information are displayed to the user, the duration of their presentation and their location, and any matters related thereto. You will have no claim and/or demand against the Company in respect of the implementation of such changes and/or resulting or related malfunctions.
14. The Company may discontinue the service at any time at its sole discretion, wholly or partially, temporarily or permanently, for maintenance, repair, upgrades, amendments, service improvement or for any other reason.
15. The use of the App is carried out at your own risk and full responsibility. The App is intended for use AS IS, and cannot be adapted to one’s individual needs. You hereby acknowledge that you have reviewed the App in advance and find that it suits your needs and objectives. You will have no complaint, claim or demand towards the Company in respect of the quality and/or features of the service, its content, capabilities, limitations and suitability for your needs. Usage of the App will be carried out at your sole and full responsibility and the Company shall not be liable for any damage whatsoever caused by the use of the App or due to any disruptions in service.
16. Password and Security: As part of using the Services, you may create a password or any kind of additional security method. You are responsible for maintaining the confidentiality of the password or any kind of additional security method and are fully responsible for all activities that occur on your phone or computer and any other device. The Company cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your phone or computer or any other device. Please notice; you must comply with the privacy and data protection policies of your own organization, regardless of Company privacy statements and information security policy.
17. You are aware that the Company operates in accordance with all laws, including the provisions of the Privacy Protection Law 1981, maintaining information security and it takes all the precautions imposed on it under the law including the Databases Registrar guidelines No. 2011/2 “Use of outsourcing services for process of personal information” in order to strictly uphold information security, and therefore in the event of any damage to the information including damage related to breaches of the information security used in the App and/or any leaks of any information used in the App and/or any transfer of information to third parties not in the control of the Company and/or that was done inadvertently, you acknowledge that you are aware that despite the Company’s efforts to operate according to any law and according to the customary standards for the maintenance of information security, such damages may still occur.
18. You are aware that a significant portion of the services are “location-based” in GPS technology, and cannot be provided without your explicit consent to track your location through them. Therefore, the absence of your consent to be located may prevent the provision of the service to you.
19. The Company is not responsible in any way to defects and/or malfunctions and/or errors of any kind, in the information displayed in the App. Due to the complexity of the App, due to its reliance on third parties’ GPS services, and due to your dependence on mobile and internet operators, the Company is unable to commit to a certain level of service standard, continuity of service, level of availability, accuracy of the location and maps content, and other quality parameters. Therefore, the Company is unable to ensure that the App services will not be disrupted or interrupted, be provided without interruptions or errors, function safely, and shall be immune from unauthorized access or damage, malfunctions or failures – in the hardware, software, communication lines and systems.
20. The Company is not responsible in any way, directly or indirectly, for any damage and/or loss and/or loss of profit, directly or indirectly, related to the use of the App and/or its contents or arising from an inability to use the App for any reason. In addition, the Company will not be liable for any software and/or hardware damage and other damages incurred as a result of using the App.
21. The Company does not guarantee that third parties content and services published in the App and brought as a service to the public of App users will be complete, correct, legal, up to date, or accurate, or meet your expectations and requirements. The Company shall have no liability whatsoever for any outcome thereof or of your usage of them, or to your reliance on them.
24. Any notice from you to the Company shall be sent in writing to our mailing address at: Support@octopus-app.com
* The provisions contained herein are phrased in the masculine form for convenience purpose, and they naturally apply also to women.