RightHear™ Terms Of Use.

Introduction

Welcome to RightHear, an online service that helps blind, visually impaired and people with orientation disabilities, orient themselves at venues in which the Service is deployed (the “Service”). The Service is owned and operated by Zikitapp Ltd. (“Zikitapp”, “we”, “us”, “our”). It is available through our designated mobile application (the “App”).

Please read the following Terms of Use (the "Terms") carefully. By installing, accessing, or using the Service, you agree to these Terms. If you do not agree to these Terms, you may not access or use the Service.

Use of the Service may be subject to additional terms and conditions that govern the use of your mobile device, application marketplaces or other services that interact with the App. You alone are responsible for complying with such additional terms and conditions.

In short…

The following key points of these Terms of Use are brought for your convenience only. They do not substitute the full Terms.

1. RightHear. The Service is owned by Zikitapp Ltd and is operated by the proprietor of the venue where it is deployed for your benefit.

2. The Service. An online service that helps blind, visually impaired and people with orientation disabilities, orient themselves at venues in which the Service is deployed.

3. Mobile phone features used. The Service uses you mobile phone’s Text-to-Speech mechanism to provide audible accessibility information. If you choose to call the venue’s representative for assistance through the App, the App will place the call through your device’s telephone.

4. Orientation information. The orientation information originates from the proprietor of the Venue. Likewise, the Venue’s helpdesk is operated by the Venue. We are therefore not responsible for the accuracy, reliability, or safety of the orientation information provided through the App or by the Venue’s assistance representatives.

5. Privacy. We respect your privacy as further explained in our Privacy Policy.

6. Intellectual property. All legal rights in the Service, including all intellectual property rights, are Zikitapp’s.

7. Disclaimer of warranty. The Service is provided for use as is. We disclaim all warranties and representations with respect to the Service.

8. Limitation of liability. To the maximum extent permitted by the applicable law, we – and anyone acting on our behalf – will not be liable for any damage or loss, arising from the use or inability to use the Service.

9. Law & jurisdiction. Use of the Service is governed by the laws of the State of Israel and subject to the exclusive jurisdiction of the competent courts in the District of Tel-Aviv-Jaffa.

How it works?

The Service is based on Accessibility Spots. Venues in which the Service is deployed (“Venues”) have specially designated accessibility spots scattered throughout the building. The App helps you orient yourself at the venue based on the communications that the App receives from those accessibility spots.

The App uses your mobile phone’s Text-to-Speech. The App uses your mobile smartphone’s Text-to-Speech capability to provide you orientation information. You can listen to this information with your device’s speakers, or with the use of earphones.

Call for further assistance. If the Venue operates an assistance helpdesk and has configured the Service to provide access to this helpdesk, then you may use the App to call the Venue’s representative for assistance. If that case, the App will place the call through your device’s telephone. Telephone charges may apply in accordance with your mobile subscription plan at your cellular provider. IN CASE OF AN EMERGENCY, CALL YOUR LOCAL EMERGENCY DISPATCH CENTER IMMEDIATELY – DO NOT USE THE APP’S ASSISTANCE FEATURE.

Your privacy

We respect your privacy. Our Privacy Policy, which is combined into these Terms, explains our privacy practices. We encourage you to read it carefully.

Use of the service

Acceptable use. You may use the App and the Service only for your private, personal and non-commercial purposes.

Prohibited use. When using the Service, you must refrain from –

  • Breaching these Terms or any other applicable rules and instructions that we may convey with respect to the Service;
  • Interfering with, burdening or disrupting the functionality of the Service;
  • Breaching the security of the Service or publicly identifying any security vulnerabilities in it;
  • Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
  • Sending automated or machine generated queries;
  • Using robots, crawlers and similar applications to collect and compile content from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service's functionality;
  • Displaying or embedding content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design;
  • Collecting, harvesting, obtaining or processing personal information regarding the Service’s users, without their prior explicit consent;
  • Abusing, harassing, threatening or intimidating other users of the Service;
  • Engaging in any activity that constitutes a criminal offense or gives rise to civil liability;
  • Violating any applicable law;

Orientation information

In accordance with applicable law and operational limitations, you may ask to access the information about you that is stored in our systems, or have us update, correct or delete such information. You are also entitled to ask to transfer your data to another provider (‘data portability’ right), in accordance with the law. If you wish to exercise any of these rights, contact us at: support@right-hear.com.

Aggregated information

The orientation information provided through the App originates from the proprietor of the Venue, not us. Likewise, the Venue’s helpdesk is operated by the Venue, not us. We are therefore not responsible for the accuracy, reliability, or safety of the orientation information provided through the App or by the Venue’s assistance representatives.

Intellectual property

Our intellectual property. All rights, title and interest in and to the App and the Service, including without limitation, patents, copyrights, trademarks, trade names, Service marks, trade secrets and other intellectual property rights and any goodwill associated therewith, but excluding any content that originates from users, are the exclusive property of Zikitapp and its licensors.

Restrictions. You may not copy, distribute, display or perform publicly, make available to the public or communicate to the public, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the App or the Service or any part thereof, in any way or by any means.

You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute, or damage our goodwill.

Operation of the service

We may at any time discontinue or terminate the operation of the App or the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you.

Changes

Changing the Service. We may, at any time and without prior notice change the layout, design, scope, features or availability of the App and the Service.

Changing these Terms. We may revise these Terms, in whole or in part, at any time by putting you on notice of the amended Terms. Your continued use of the App after the effective date of the amended Terms constitutes your consent to the amended Terms.

Disclaimer of warrenty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, AND ITS ORIENTATION INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SAFETY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.

WE DO NOT WARRANT THAT (1) THE APP WILL BE UNINTERRUPTED, ERROR­FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE APP WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS; (4) THE ORIENTATION INFORMATION WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.

NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, OR THE ORIENTATION INFORMATION, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE ITS FEATURES, OR THE ORIENTATION INFORMATION OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE APP, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON ORIENTATION INFORMATION, OR FROM ANY COMMUNICATION THROUGH THE APP.

Indemnification

To the maximum extent permitted by law, you will indemnify and hold harmless at your own expense, us, our Staff and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of the Service, your breach of these Terms or infringement of any other person’s rights.

Application marketplace

Your use of the Service may be subject to additional third party terms and conditions that govern that application marketplace from which you downloaded the App, such as iTunes, Google Play or Amazon App-store for Android. Such third parties are not responsible for providing maintenance and support services with respect to the App.

The following terms apply if you downloaded an App from Apple's App Store. You and us agree and acknowledge as follows:

These Terms are concluded between yourself and us, and not with Apple Inc. ("Apple"). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.

The license granted to you for the App is limited to a non-transferrable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing.

In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has 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 not be at Apple’s responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.

You must comply with applicable third party terms of agreement when using the App (e.g. you must not be in violation of your wireless data Services agreement when you use the App).

Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Governing Law, jurisdiction

Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the App will be governed by and construed solely in accordance with the laws of the State of Israel.

The competent courts in the District of Tel-Aviv-Jaffa in Israel will have exclusive and sole jurisdiction over any dispute, claim or controversy relating to the App and the Service or with respect to any matter relating to these Terms. You hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.

Notwithstanding the foregoing, we may lodge a claim against you pursuant to the indemnity clause above in any court adjudicating a third party claim against us.

General

Changes in ownership. In the event of M&A, we may, upon notice to you and without obtaining your consent, assign these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party.

Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.

Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

Entire agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.

Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.

Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.

Contact us

At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the Service or these Terms, at: support@right-hear.com

Effective date of the terms: January 1, 2017 (v1.0)