Genie Terms of Service
Last updated: September 18, 2022
Terms of Service
LIFELEE LTD. ("Licensor") DBA Genie – TERMS AND CONDITIONS AGREEMENT
1.2. By clicking the “I accept” checkbox on the Product and/or by executing a written copy of this Agreement and/or by downloading, installing, or otherwise using the Product, User agrees to be legally bound by the "Terms"). If User does not agree to the terms of this Agreement, Usermust not install or use or attempt to use or install the Product.
1.3. Licensor may amend the Terms from time to time and any amended Terms shall be effective from the time it is being posted in the Product by Licensor. Licensor will make reasonable efforts to notify User (via the Product, email, phone or website) about any material changes in the Terms.
1.4. User may use the Product only if User: (i) can form a binding contract with Licensor; (ii) is in compliance with the Terms and any and all applicable local, state, national, and international laws, rules and regulations; (iii) is legally competent in accordance with the applicable law.
2. THE PRODUCT Services The Product provides certain protection service against scammers and spammers by filtering and blocking such identified calls received on Users' mobile devices.
3. GRANT OF LICENSE.
3.1. Subject to the terms and conditions of set forth in the Terms, Licensor hereby grants User a limited, personal, non-exclusive, non-transferable, non-sub-licensable revocable license to download, install and use the Product, subject to the compliance of the User with the Terms.
3.2. User must install the Product in accordance with the terms hereof and any additional instructions made available by the Licensor. Except as expressly and unambiguously permitted hereunder, User may not, and/or permit anyone else to, directly or indirectly: (i) commercially distribute, rent, lease, market, sublicense, resell or otherwise transfer the Product; (ii) copy or modify the Product either alone or in conjunction with any other product or program; (iii) alter, tamper with, repair, or otherwise create derivative works of all or any portion of the Product, or apply any other process or procedure to derive the source code of all or any portion of the Product, (iii) decompile, disassemble or reverse engineer all or any portion of the Product, or apply any other process or procedure to derive the source code of all or any portion included in the Product; (iv) remove any identification, including copyright, trademark, patent or other notices, contained in or on the Product; or (v) use the Licensor's name, logo or trademarks without prior written consent from Licensor.
3.3. Any right not explicitly granted to User herein is reserved to the Licensor, or its licensors, if any.
4. RESTRICTIONS. User hereby acknowledges that User is prohibited from:
4.1. copying or modifying the Product either alone or in conjunction with any other product or program;
4.2. creating links to any content available via the Product; or selling, exchanging or monetizing information, content or any data on the Product;
4.3. reverse engineering, decompiling, disassembling, decrypting of the Product or otherwise attempting to obtain the source code, object code or underlying structure, ideas or algorithms, documentation or data related to the Product, or modify, translate, or create derivative works based on the Product;
4.4. rent, lease, transfer, or otherwise permit third parties to use the Product; or use the Product to provide the Product to third parties (e.g., as a service bureau or timesharing);
4.5. using manual or automatic devices or software, code robots or other means to access, explore, extract or index any page on the Product;
4.6. scanning the Product, testing the vulnerability of the Product, or breaching the security or authentication measures of the Product; or circumventing or disabling any security or other technological features or measures of the Product;
4.7. using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Product
4.8. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Product;
4.9. taking any action that imposes, or may impose at Licensor’s sole discretion an unreasonable or disproportionately large load on Licensor’s infrastructure;
4.10. uploading invalid data, viruses, worms, or other software agents through the Product;
4.11. collecting or harvesting any personally identifiable information, including account names, from the Product;
4.12. impersonating another person or otherwise misrepresenting User’s affiliation with a person or entity, conducting fraud, hiding or attempting to hide User’s identity;
4.13. interfering with the proper working of the Product;
4.14. accessing any content on the Product through any technology or means other than those provided or authorized by the Product;
4.15. bypassing the measures Licensor may use to prevent or restrict access to the Product, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Product or the content therein.
4.16. using logos, trademarks or any other element protected by Licensor’s intellectual property rights, or removing any proprietary notices or labels;
4.17. simulating the appearance or functioning of the Product, e.g. by mirroring; or disturbing or disrupting the Product, directly or indirectly; or transmitting or activating viruses via or on the Product;
5. USER ACCOUNTS.
5.1. User’s account on the Product (the “Account/s”) gives User access to the Product’s services and functionality as may be established and maintained by Licensor from time to time and at Licensor’s sole discretion.
5.2. User may choose an applicable program in order to use the Product (hereinafter the “Program”), and shall be granted the applicable services as provided as part of the Program, as may be amended from time to time by Licensor. The renewal of the applicable subscriptionwill be automatic. User must cancel its subscription before its renewal, to avoid billing of the next subscription cycle.
5.3. Licensor may maintain different types of Programs for different types of Users.
5.4. If User opens an Account on behalf of a company, organization, or other entity, then (i) “User” shall include the Users and such entity; (ii) User represents and warrants that User is an authorized representative of such entity with the authority to bind the entity to the Terms.
5.5. User is prohibited from using another User’s Account.
5.6. When creating an Account, User needs to do the following described steps to activate the services within the Product:
5.6.1.User needs to enter a phone number/s, to verify the applicable mobile device/s that the Product is installed to.
5.6.2.User needs to grant access for the Product by allowing to set up the Product as (i) the default spam-handling application;(ii) allowing the Product to record audio of received calls on the mobile device and/or accessing the microphone;(iii) allowing the Product to access the User’s contact list on the mobile device;(iv) allowing the Product to make and manage phone calls on the mobile device; (v) allow the Product to send notifications to the user; (vi) allowing the Product to activate call forwarding; (vii) granting such other permissions or rights as may be required by the Product from time to time.
5.7. When creating an Account, User represents and warrants that it shall provide accurate and complete information, and that it will keep such information up to date.
5.8. User represents and warrants that it will keep User’s Account credentials secure, and User shall be solely responsible for any activity which occurs on User’s Account.
5.9. User will notify Licensor immediately of any breach of security or unauthorized use of User’s4Account.
5.10. User acknowledges, that deleting the Product will not delete the User’s Account. Deletion of the User’s Account shall be performed by: (i) clicking on the “Deactivate” option within the Product on all mobile devices where the User has the Product installed (prior to deleting the Product from the mobile device) or manually deactivating as described in the Product website www.lifesgenie.com; (ii) going to the User’s account in the Product website www.lifesgenie.com and removing all devices from the account; (iii) canceling the account’s associated program as provided for in the Product website to avoid billing the User’s account at the next billing cycle.
6. OWNERSHIP; COPYRIGHT PROTECTION.
6.1. The Product is licensed, not sold. As between the parties, all title, ownership rights, and intellectual property rights (including all copyrights, patents, trade secret rights and trademarks) in and to the Product, including all documentation, features, functionality (including but not limited to all information, software, text, display, images, video and audio, the design, selection and arrangement thereof) shall remain in Licensor, its affiliates, or their respective suppliers and licensors, if any.
6.2.1.It is expressly understood, acknowledged and agreed that User may, regardless of whether or not formally requested to do, provide to Licensor reasonable suggestions, comments and feedback regarding the Product, including but not limited to usability, bug reports and test results (collectively, “Feedback”). If User provides such Feedback to Licensor, User shall grant Licensor the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any Licensor’s product, technology, service, software, specification or other documentation (individually and collectively, "Licensor’s Products"); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Licensors Product; (iii) solely with respect to User's copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by User that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into an Licensor’s Product, technology or service.
6.2.2.Further, User warrants that its Feedback is not subject to any license terms that would purport to require Licensors to comply with any additional obligations with respect to any Licensors Products that incorporate any Feedback.
7. USER ACKNOWLEDGEMENTS AND REPRESENTATIONS. User acknowledges and represents that (i) Licensor may occasionally bring down part or all its system for maintenance purposes; (ii) Licensor is not obligated to provide the services on an uninterrupted basis. Additionally, User acknowledges the possibility of scheduled and nonscheduled downtimes. (iii) Licensor does not commit that the Product will not pass unidentified or unknown calls in full accuracy, and that Licensor is not responsible for any results caused by the Product failure to identify any malicious mechanism.(iv) User will at all times fully comply with the Terms and not use the Product beyond the scope of these Terms, or in any manner inconsistent with these Terms, or for illegal purposes; (v) User will comply with any applicable law; (vi) User acquires no rights to the Product and/or materials Licensor may provide to User, other than for the limited right to utilize the Product, in accordance with these Terms; (vii) Licensor is under no obligation to monitor and/or control the performance of the Product and/or the results thereof; (viii) Licensor will not be liable in any way whatsoever with respect to the performance of the Product and/or the result thereof; (ix) User is solely responsible for any use of the Product, even if User is not the one using it. (x) User is legally competent under the applicable law.
8. AUTOMATIC UPDATES. User acknowledges that the Product may include automatic updating. User will be provided with an option to activate/deactivate such automatic updates when available.
9. INTERNET CONNECTION. Transmitting and receiving real-time data and/or updates to and from the Product, requires an online connection between User's cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between User and User's communication service provider. The Internet connection and any associated charges incurred by User's use of the Product are User's exclusive responsibility and made solely at User's expense.
10. TERM AND TERMINATION.
10.1. The Agreement is effective upon the earlier of the installations or usage of the Product.
10.2. User’s rights with respect to the Product will terminate upon the earlier of:
10.2.1. As of such date that the Product version used by the User is no longer supported by the Licensor.; or 10.2.2. Upon termination by either Party, in accordance with the terms hereof.
10.2.2.1. Licensor may terminate this Agreement in case of a breach by the User to theseTerms, in which case the User is not entitled to any refund by the Licensor.
10.2.2.2. Licensor may terminate this Agreement for convenience, in which case, User will be entitled for a refund for the leftover period of the applicable Program.
10.2.2.3. User may terminate this Agreement for convenience. However, User will still be required to pay the applicable fees, until the end date of the applicable Program.
10.3. Any failure to comply with this Agreement or the termination of this Agreement (whichever occurs first) will result in the automatic and immediate termination of the license granted herein. Upon termination of the license granted herein for any reason, User agrees to immediately cease the use of the Product and destroy all copies, full or partial, of the licensedProduct.
10.4. The following provisions will survive any termination of this Agreement: Sections 4, 6, 10.3, 10.4, 11-17.
11. EXTERNAL SERVICES.
11.1.User understands that when using the Product, User may be exposed to third-party content, services and websites ("External Services"), and that Licensor is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such External Services, and User agrees to waive, and hereby does waive, any legal or equitable rights or remedies User might have against Licensor with respect thereto.
11.2.User acknowledges that Licensor is not responsible for the privacy practices with respect to the External Services. Any information collected by third parties is subject to such third parties' privacy policies.
12. PRICING & PAYMENT TERMS. In consideration for the license granted by Licensor under this Agreement, User shall pay Licensor the license fees, in accordance with the payment terms, set forth in the then current pricing list, or in accordance with the applicable Program chosen by the User. Licensor may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to Licensor’s pricing or payment terms shall become effective in the billing cycle following notice of such change to Users as provided herein.
13. DISCLAIMER. USE OF THE PRODUCT IS DONE AT USER'S OWN RISK AND RESPONSIBILITY. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY LAW, THE PRODUCT IS PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND AND THE LICENSOR, ITS AFFILIATES, SUBSIDIARIES AND ITS THIRD-PARTY LICENSORS, IF ANY, DISCLAIM ANY WARRANTIES, INCLUDING WITHOUT LIMITATION REGARDING THE SECURITY, RELIABILITY, ACCURACY, TRUTHFULNESS, TIMELINESS, PERFORMANCE OF THE PRODUCT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT THE PRODUCT AND/OR THE EXTERNAL SERVICES AND/OR THE USER CONTENT WILL OPERATE ERROR-FREE, THAT THE PRODUCT AND/OR THE EXTERNAL SERVICES AND/OR THE USER CONTENTIS FREE OF COMPUTER VIRUSES OR ANY OTHER HARMFUL MECHANISMS, OR THAT THE LICENSOR WILL CORRECT ANY ERRORS IN THE LICENSED SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ANYONE ON ITS BEHALF WILL CREATE A WARRANTY. WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, LICENSOR DISCLAIMS ANY KIND OF WARRANTY WITH REPSPECT TO THE LICENSED SOFTWARE, EXTERNAL SERVICES, AND/OR THE DRAFT RELIANCE THEREUPON AND/OR THE USE BY USER OF ANY INFORMATION PROVIDED BYTHE LICENSOR.
14. LIMITATION OF LIABILITY.
14.1.IN NO EVENT SHALL THE LICENSOR, ITS AFFILIATES, SUBSIDIARIES OR ITS THIRD LICENSORS, IF ANY, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES) ARISING, IN CONNECTION WITH THE PRODUCT, THE TERMS, THE EXTERNAL PARTY SERVICES, USER’S RELIANCE THEREUPON AND/OR USE OF ANY INFORMATION RECEIVED FROM THE LICENSOR AND/OR THE PRODUCT USER'S USE OR INABILITY TO USE THE PRODUCT, OR ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF USER'S DATA, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2.WITHOUT DEROGATING FROM ANY OF THE FOREGOING, LICENSOR'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT, IF ANY, TO USER OR ANY THIRD PARTY, IN CONNECTION WITH ANY CLAIM RELATING TO THE PRODUCT SHALL IN NO EVENT EXCEED $100 USD.
14.3.THE EXISTENCE OF ONE OF MORE CLAIMS WILL NOT ENLARGE THIS LIMIT. WITHOUT DEROGATING FROM THE ABOVE, NO ACTION ARISING UNDER OR RELATING TO THIS AGREEMENT, REGARDLESS OF ITS FORM, MAY BE BROUGHT AGAINST THE LICENSOR THAN SIX (6) MONTHS AFTER THE CAUSE OF ACTION HAS ACCRUED AND, IN ANY EVENT, NO LATER THAN THREE (3) MONTHS AFTER THE TERMINATION OF THIS AGREEMENT.
15.1.User shall indemnify, hold harmless, and defend the Licensor, its affiliates, directors, employees, and agents, from and against any loss, liability, damages, costs or expenses (including but not limited to reasonable attorney's fees) arising from or incurred as a result of (i) User’s acts or omissions hereunder; (ii) Users violation of any terms of this AGREEMENT; (iii) User’s reliance upon any information received from the Licensor; (iv) any third party claims in connection with User's use and/or reliance upon the Product.
15.2.Licensor reserves the right, at User's expense, to assume the exclusive defense and control of any matter subject to indemnification by User.
16. CONFIDENTIALITY. The Product, the terms and pricing hereunder, and any other data to which User has gained access to or will gain access to or will be disclosed by Licensor, either directly or indirectly, in writing, orally, by any kind of media, or by inspection of tangible objects, is the “Confidential Information” of Licensor and proprietary to Licensor, unless User can demonstrate that such data: (i) was already known to User, other than under an obligation of confidentiality, at the time of disclosure; (ii) was generally available in the public domain at the time of disclosure to User; (iii) became generally available in the public domain after disclosure other than through User's act or omission; (iv) was subsequently lawfully disclosed to User by a third party without any obligation of confidentiality; or (v) was independently developed by User without use of or reference to any information or materials disclosed by Licensor, as can be proved by User. User may use this Confidential Information only as expressly permitted hereunder and User may not share the Confidential Information with any third party other than as required by a court, a regulator or otherwise under applicable laws.
17.1. The Terms constitute the single and entire agreement applying to the User's use of the Product and supersede any other terms which are not expressly incorporated herein. This Agreement may only be modified by Licensor.
17.2. If any part of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.
17.3. The failure by Licensor to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit Licensor’s right to enforce such provision at a later time. All waivers by Licensor must be in writing to be effective.
17.4. The terms of this Agreement are personal to User and may not be assigned or transferred for any reason whatsoever without the prior written approval of the Licensor and any action or conduct in violation of the foregoing shall be void and without effect.
17.5. This Agreement shall be governed by the laws of the State of Israel. The competent courts located of Tel Aviv, Israel, shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement.
17.6. Contact Information. For any questions User may have, User is invited to contact the Licensor at Legal@lifesgenie.com