Jolicam - Terms of Service

Jolicam - Terms of Service

Joliper Inc. ("Company" or "we") welcomes you to its Websites at the address www.joliper.com, www.jolicam.com, www.jolicampro.com (the "Website"). The Website contains a technological platform (the "Platform") which uses proprietary algorithms and methods to provide to the users of the Website ("User" or "you") with certain services (the "Service"), including tools that enable you to access your camera(s), and view video streams from the camera(s) (the "Content") through your mobile phone (that supports the Service) and/or through the Website.

1. Acceptance of the Terms

By entering the Website, using the Service and/or linking to the Website, you acknowledge that you have read and understood the following Terms of Service including the Privacy Policy (collectively, the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding the use of the Service. If you do not agree to the Terms, do not access the Website or use the Service. The Terms may be revised and updated from time to time, with or without any notice. The Company shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. The Company urges you to check the Last Revised date which appears at the top of the Terms. You can review the most current version of the Terms at any time at: http://jolicam.com/jolicam/en/common/TOS. By entering the Website, using the Service and/or linking to the Website, you acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and any person using, entering, or linking to the Website.

2. The Service

2.1. Description. Jolicam Service enables you to view your PC camera, IP Camera and DVRs in real time through a 3G cellular phone, using "video call" communication or IP data connection (the "Mobile Device") and through the Website as well. For receiving the Service with the use of a PC camera you may have to download from the Website the Jolicam software and install it on your computer. No installation is required for DVRs and IP cameras. In order to access your camera and benefit from the various features of the Service, you will have to subscribe to the Service through the following link http://jolicam.com/jolicam/en/authentication/registration ("Subscription").

2.2. Subscription Models. The Company will provide the Service under certain Subscription models which may be amended from time to time in Company's sole discretion. The Subscription models can be found through the a following links http://jolicam.com/jolicam/en/main/products/jolicam and http://jolicam.com/jolicam/en/main/products/jolicampro

2.3. Connection through Mobile Device over video call. In order to view the cameras on your Mobile Device you have to call, using the "video call" option to one of the following telephone numbers: +972-54-4004888. Please note that certain fees, including international fees, may be applied. It is strongly recommended to check the costs with your mobile network operator.

2.4. Connection through Mobile Device over IP data connection. In order to view your cameras on your Mobile Device using IP data connection you can download a specific client or through the link: m.joliper.com and login.

2.5. Connection through the Website. You can view your cameras on the Website through the link: http://jolicam.com/jolicam/en/cameras/

2.6. Changes to the Service. The Company reserves the right to modify or discontinue, temporarily or permanently, the Service, with or without any notice to you. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

2.7. Consideration

2.7.1. The first week of the Service shall be given without payment (the "Trial Period"). We clarify that the Trial Period shall begin on the day of the commencement of the Service and will conclude exactly seven (7) days thereafter.

2.7.2. After the Trial Period the Service will be provided in consideration for a monthly payment according to the rates that appear on the Website in the following link [Please provide]. The payment will be collected via a valid credit card, PayPal service and/or other methods which shall be available from time to time (the "Payment") for a period of six (6) months or a year in advance. All of the invoices will be produced and sent electronically to the contacts person's e-mail address.

2.7.3. For the avoidance of doubt the Payment is for a month or part of a month. In other words, if you choose to disengage during a certain month you will not be entitled to a refund for that month.

2.7.4. The pricing in these Terms is for the Beta stage alone. When there is a transition to a full product the new pricing plan will be sent thirty (30) days before it enters into effect and your consent will be required for the continued provision of the Service according to the new plan. In the event that your consent shall not be received the Service will be immediately terminated.

2.7.5. Please be advised that for every connection via a Mobile Device, using a "video call" or IP data connection you may be charged an "air time" fee or other fee by your cellular service provider (i.e. a certain fee for using the provider's network) according to rates determined by such provider. The Company advises you to check what the "air time" rates are before using the Service.

3. Use Restrictions

There are certain conducts which are strictly prohibited. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your access to the Service and may expose you to civil and/or criminal liability. You may not, whether by yourself or anyone on your behalf:

1. copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of the Website and/or the Service in any way;
2. create a browser, frame, border environment or GUI around the Website and/or the Service;
3. interfere with or disrupt the operation of the Website and/or the Service, or the servers or networks that host the Website and the Service or make the Service available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
4. interfere with or violate Users' rights or third party's rights to privacy and other rights, or harvest or collect data and information about Users or third parties without their express consent, whether manually or with the use of any robot, spider, crawler, Website search or retrieval application, or other automatic device or process to access the Website and/or retrieve index and/or data-mine information;
5. impersonate any person or entity or provide false Personal Information (as define in the Privacy Policy);
6. falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your Website, your business or any statement you make, or present false information about the Service;
7. transmit or otherwise make available through or in connection with the Service any virus, "worm", "Trojan horse", "time bomb", "web bug", spyware, or any other computer code, file, application or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
8. ransmit, display or otherwise make available through or in connection with the Service any Content which may infringe third party rights, including Intellectual Property rights, or which may contain any indecent, obscene, pornographic, violent or any other immoral or unlawful Content;
9. use the Service for any illegal, unlawful or unauthorized purposes;
10. use the Website or the Service for any commercial or other non-personal purposes, including any usage which generates any revenues, whether directly or indirectly, without the prior written consent of the Company.

4. Termination

4.1. Each party may terminate the Service immediately, for any reason whatsoever, by sending a written notice to the other party.

4.2. If you desire to terminate the Service you can send a notice to the e-mail address [subscriptions@joliper.com] or to fax which number is +972-1533-527-0066. The system will be updated within forty eight (48) hours, after receiving confirmation of the request via telephone (for the avoidance of doubt the Payment is for a month or part of a month). In other words, if you choose to disengage during a certain month you will not be entitled to a refund for that month).

4.3. In case of advanced payment, the pro rata remaining amount will be refunded after deducting the applied discount and an additional service charge of 30NIS.

4.4. If the Company terminates the Service an SMS message will be sent as well as an e-mail, according to the details provided by the User.

5. Technical support

The Company will provide support via e-mail through the address support@joliper.com, within two (2) working days, as well as telephone support, only during working hours (Sunday to Thursday from 9:00-18:00, Company's local time). The support will be provided solely in the framework of the application, thus computer operation problems not directily related to the Jolicam client, installing IP cameras and DVR systems, or connection to such systems from the Internet, will only be supported on a best effort basis with no obligation by the company to resolve such issues.

6. User Generated Materials

The Service may allow you to upload copyrighted materials (the "User Generated Material"). As long as your User Generated Material is subject to the applicable copyright law, such User Generated Material shall remain at all times, and to the extent permitted by law, your sole and exclusive property. You understand and agree that you are solely responsible for your User Generated Material and the consequences of posting or publishing such material. You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to use and to enable the Company to use your User Generated Material for the purposes of the provision of the Service by the Company, and otherwise to use your User Generated Materials in the manner contemplated by these Terms. You agree that you will not post or upload any User Generated Material which contain content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for the Company to use or possess in connection with the provision of the Services. Company explicitly reserves the right to remove the User Generated Material without prior notice, at its sole discretion.

7. Intellectual Property Rights

The Platform and the Service, including without limitation, the proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, "Intellectual Property"), are fully owned or licensed to the Company and subject to copyright and other applicable intellectual property rights under United States laws, foreign laws and international conventions. Except as provided herein, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property.

8. Trademarks

"Joliper", Joliper's logo and other commercial identifiers used by The Company in connection with the Website and Service are all trademarks and/or trade names of the Company, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademarks and/or trade names.

9. Commercial Advertisements

The Company may integrate commercials and advertisements, within or beside the Website and/or the Service. All the information contained in such commercials and advertisements belongs solely to the advertisers and The Company makes no warranties or representations as to such advertisements, whether or not The Company has control over such advertisements.

10. Privacy Policy

The Company respects your privacy and is committed to protect the information you share with it. The Company believes that you have a right to know its practices regarding the information it collects when you access its Website and/or use the Service. The Company's policy and practices and the type of information collected are described in the Privacy Policy at the address: [Please provide]. In order to use the Service you must read and agree to the Privacy Policy.

11. Disclaimer and Warranties

THE SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, IS AT ITS BETA VERSION AND PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE WEBSITE, THE SERVICE, AND ANY CONTENT AVAILABLE VIA THE SERVICE, AT ANY TIME OR TO DISCONTINUE DISPLAYING ANY CONTENT WITHOUT A NOTICE TO YOU. THE COMPANY MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE SERVICE OR ANY AND ALL CONTENT AND INFORMATION PROVIDED THROUGH IT FOR A CERTAIN PURPOSE OR ANY PURPOSE AT ALL. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE SERVICE, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL CONTENT AND INFORMATION RECEIVED THROUGH THE SERVICE.

12. Limitation of Liability

THE USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM OR ARISING OUT OF THE WEBSITE AND/OR THE SERVICE, OR THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF WHETHER THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TEN (10) US DOLLARS.

13. Indemnification

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Service. This defense and indemnification obligation will survive these Terms.

14. General

14.1. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.

14.2. Any claim relating to the Website and the Service or its use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles.

14.3. Any dispute arising out of or related to your use of the Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.

14.4. If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.

14.5. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

14.6. These Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.

15. Contact Joliper

If you have any questions or comments just contact us. Our contact information is located here.