You are SOLELY responsible for your use of our services and for any videos, information, messages and any other content that you create via our services, whether privately transmitted or made publicly available (together, “User Content”). You retain ownership of your User Content.
Any videos you make by using our services are stored locally on your phone and are not stored in or will not be uploaded to our services/server.
You understand and agree to comply with all applicable laws in relation to your use of our services and User Content.
You shall at all times ensure that your User Content does not:
- Contain any content, information or material that infringes the rights of any third party including copyright, trademark right, confidential information or rights of privacy;
- Violate any applicable laws;
- Contain any content or material that is offensive, abusive, defamatory, libellous, derogatory, bullying, discriminatory, obscene, violent, sexually explicit, indecent, which promotes or encourages violence, terrorism or any other illegal acts or which is likely to harass, upset, embarrass, alarm, inconvenience or annoy any person;
- In any way promote or incite anyone to commit or assist in any unlawful or criminal activity or anti-social behavior, or encourage activities which could endanger the safety or well-being of others;
- Identify any person without their consent, or the consent of their parent or legal guardian if they are under 18 years of age;
- Disclose anyone’s personal contact details or invade their privacy;
- Contain any viruses or other malicious or harmful programs;
Furthermore, you understand and agree that you will not do or attempt to do, or cause any third party to do or attempt to do, any of the following in connection with your use of our services:
- Use our services or User Content available on our services in a way other than as expressly permitted by these Terms and the normal functionality of our services;
- Use our services for any illegal purpose, in an unlawful manner or in any manner inconsistent with these Terms;
- Use our services in a way that could damage, disable, overburden, impair or compromise our services, our systems or security or interfere with other users;
- Use any program or other means, including but not limited to scripts, spiders, and robots, whether manually or automatically, to extract, download, index, mine, scrape, reproduce or circumvent the presentation, operation or intended use of our services or any features or functions of it;
- Copy, modify, decompile or otherwise interfere with any part of our services;
- Make alterations to, or modifications of, the whole or part of our services, or permit our services or any part of it to be combined with, or become incorporated in, any other programs;
- Hack into, or insert malicious code, including viruses, or harmful data, into, our services;
- Infringe our intellectual property.
AutoCap App on iOS and Android is supported by advertising revenue and may display advertisements and promotions. You hereby agree that AutoCap may place such advertising and promotions on the AutoCap App or on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
AutoCap respects the intellectual property of others, and we ask our users to do the same. AutoCap will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.
If you discover any content on our services that you believe infringes your copyright or discover any other infringement on your intellectual property rights, please report the infringement you alleged to us in writing including the following information:
- An electronic or physical signature of the owner of the copyright or other intellectual property right (“Owner”) or an electronic or physical signature of the person authorized to act on behalf of the Owner together with an authorized letter duly signed by the Owner.
- A description of the copyrighted work or other intellectual property that you claim has been infringed.
- A description of where the material in question is located, including details that will assist our staff with locating it on a specific place on AutoCap.
- Your address, telephone number, and email address.
- A statement by you, made under penalty of perjury, that the information provided is accurate, and that you are the Owner, or authorized to act on the Owner’s behalf.
Limitation of Liability and Disclaimer of Warranties
- AutoCap, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE “AutoCap PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. THE AutoCap PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICE OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK.YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
- THE AutoCap PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO AutoCap PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
- THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.ACCORDINGLY, THE AutoCap PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
- IN NO EVENT WILL ANY AutoCap PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH AutoCap PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AutoCap’S LIABILITY, AND THE LIABILITY OF ANY OTHER AutoCap PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO 100 ISRAELY SHEKELS. SOME PROVINCES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN SUCH PROVINCE, THE LIABILITY OF THE AutoCap PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Third Party Disputes
ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE AutoCap PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Third Party Services
Our service includes and links to features and services (including but not limited to, social applications like Facebook, Instagram and WhatsApp) that are provided by a third party. We do not control such third party sites or services and are not responsible for the content or functionality of such sites or services. Our inclusion of links does not imply any endorsement or association with their operators. The terms applicable to the use of such third party services will apply and we will not be responsible for anything that is done by you or the third party service provider in connection with your use of their service. Please note that we do not keep your private personal information like your account, ID, password and etc. on the third party apps/websites in our services.
Release and Indemnity
You hereby expressly and irrevocably release and forever discharge AutoCap, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless AutoCap, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) the use of the Services, by you or any person using your device, or (iii) any violation of any rights of a third party.
Term and Termination of the EULA
- Term. As between you and AutoCap, the Term of this EULA commences as of your first use of the Service and continues until the termination of this EULA by either you or AutoCap.
- Termination. You may terminate this EULA by sending written notification to AutoCap at firstname.lastname@example.org, deleting the App from your mobile devices and terminating all other uses of the Service. If you wish to delete any of your User Videos from the Service, then you may do so using the permitted functionalities of the App, but the removal or deletion of a User Video will not terminate this EULA. AutoCap reserves the right, in its sole discretion, to restrict, suspend, or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA or violate the rights of any third party copyright owner of musical works or sound recordings. AutoCap may further terminate this EULA for any other reason upon ten (10) days’ notice to you using the email address associated with your account credentials. AutoCap reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
Your acceptance of these terms
This document was last updated on 28 August 2019