Freshpoint Quality Assurance Ltd.D.B.A Evigence Sensors (hereinafter "the Company")
Effective as of June 2024
IMPORTANT: PLEASE READ THESE TERMS OF USE CAREFULLY. ORDERING, INSTALLING OR USING THE SERVICES (AS DEFINED BELOW) CONSTITUTES ACCEPTANCE OF THIS AGREEMENT ON YOUR BEHALF.
The following terms of use (“Agreement”) govern your use of www.evigence.com (the “Site”) and/or the Evigence Sensors mobile application (the “App”) and any of the services (the “Services”) offered by the “Company” on and through our Site and/or App, including use of any the Site and/or App information and data, and participation in any public areas which may exist in the Site and/or App (the “Public Areas”).Please read the requirements of this Agreement carefully. Your use of any of the Services constitutes your agreement to comply with the terms of this Agreement. You can access this Agreement at any time at https: www.evigence.comIf you cannot agree to and comply with this Agreement and its requirements, you are expressly prohibited from use of the Services and must exit the Site and/or the App.
Use of Site and/or App
You may view and use the Site and/or App and/or any information contained therein only in accordance with the terms of this Agreement.You may not modify, distribute, publish, license, create derivative works from, transfer or sell any information or content contained on the Site and/or the App.The Site and/or the App may be used only as contemplated by this Agreement. You agree to use the Site and/or the App only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability all as determined by applicable law.Text message and cellular data rates may apply during login. Only one text message will be sent per each login attempt.
Changes to Agreement and Additional Rules of Usage
The Company reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Your continued access to the Site and/or the App and use of the Services by you will constitute your acceptance of any changes or revisions to this Agreement. The Company also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site and/or the App, which may be posted in the relevant parts of the Site and/or the App and will be clearly identified. Your continued use of the Site and/or the App constitutes your agreement to comply with these additional rules.
Disclaimer
All information (as defined below) posted on the Site and/or the App is subject to change or removal without notice.The Company may make changes to the materials, products, features and services available at the Site and/or the App at any time without notice.
You may not use the Information for any commercial purpose, including without limitation: (I) distribution (electronically or otherwise); (II) resale; (III) rental; (IV) lease; or (V) display.
Information, services, and other material available through the Site and/or the App are furnished “As Is”, “at Your Own Risk.” and “As Available” without any warranty whatsoever. Although the Company has attempted to provide accurate Information on the Site and/or the App, the Company assumes no responsibility for the accuracy and completeness of the Information, Services or other material at the Site and/or the App. The information and all other materials on the Site and/or the App are provided for general information purposes only and do not constitute professional advice.
All other warranties, express or implied, including any warranties of merchantability, fitness for any particular purpose, or non-infringement of intellectual property are specifically excluded and disclaimed. The Company does not warrant that the Information will meet user’s requirements and that the operation of the Services will be uninterrupted or error free, or that the Site and/or the App or the server that makes them available are free of viruses or bugs.
The Company’s obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on the Site and/or the App should be construed to alter such agreements. The materials and Services at the Site and/or the App may be out of date and the Company makes no commitment to update the materials and Services at the Site and/or the App.
Limitation of Liability
In no event will the Company, its suppliers, or other third parties mentioned at the Site and/or the App be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost savings, lost data, business interruption or other special, consequential or incidental damages) arising out of or relating to the use, inability to use, or the results of use of the Site and/or the App, any websites applications or other content linked to the Site and/or the App, or any materials, information, product or service contained at any or all such sites and/or applications, whether based on warranty, contract, tort or any other legal theory and whether or not the Company has been advised of the possibility of such loss or damages. If your use of the materials, Information or services from the Site and/or the App results in the need for servicing, repair of correction of equipment or data, you assume all costs thereof.
Privacy Policy Statement
In addition to reviewing this Agreement, you should also review our Privacy Policy (the “Privacy Policy”), to better understand how we collect and use information. Your use of the Site and the Services constitutes your agreement to the terms and conditions of the Privacy Policy. See our Privacy Policy at: https://www.evigence.com/privacy-policy
Intellectual Property
The Site and/or the App, all Information and Intellectual Property referenced on the Site and/or the App, including patents, copyrights, logos, trademarks and trade secrets are legally owned by the Company or third parties. These rights apply to the Information, computer code of the web site, graphical design, products, company names, etc. All contents of the Site and/or the App are protected by copyright and trademark rights, except as specifically permitted herein.
Links to Third-Party websites and Mobile Applications
Links on the Site and/or the App to third-party websites and/or applications are provided solely as a convenience to you. If you use these links, you will leave the Site and/or the App. The Company has not reviewed all of these third-party sites and/or the applications and does not control and is not responsible and/or liable for any of these sites or their content. Thus, the Company does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites and/or applications linked to the Site and/or the App, you do this entirely at your own risk and the Company assumes no liability for such use.
Ownership of the Site the App and Information
The Site and/or the App is expressly owned and operated by the Company. Unless otherwise noted, the design and content features on the Site and/or the App, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (collectively: the “Information”), are owned by the Company or its affiliates or are licensed by the Company from third parties. The Site and/or the App, each as a whole and in part, and the Information is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved and User shall abide by those laws. By furnishing Information, the Company does not grant any licenses to or transfer any title rights for any copyrights, patents or any other intellectual property rights.
Site and/or App Availability
The Company shall not be responsible for any disruption to the Site and/or the App, regardless of length. The Company will not be liable for losses related to User’s inability to access content due to disruptions of the Site and/or the App. The Company shall be excused from its performance of any obligations under this Agreement which are prevented or interfered with due to acts or conditions beyond the reasonable control of the Company.
Indemnification
You agree to indemnify the Company and its affiliates, directors, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims, actions, liabilities, damages, and costs (including attorney’s fees) (collectively, “Claims”) which may arise from your unauthorized use of the Site and/or the App, Services or Information obtained through use of the Site and/or the App and/or your breach of this Agreement. The Company reserves the right to assume the exclusive control of any such defense of any such Claim.
The Security of the Site and/or the App
We maintain physical, electronic, and procedural safeguards and personnel policies, consistent with applicable laws that are designed to guard the Site and/or the App, our systems and Information provided by our Users. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. In the event of a breach of the confidentiality or security of your personal information, we will reasonably attempt to notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using your most current email address on record with us.
Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site and/or the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing if such requirements are applicable.
Each electronic communication contains a link for the User to be removed from the mailing list, to allow each User to be easily removed from the mailing list.
Each electronic communication contains a link for the User to be removed from the mailing list, to allow each User to be easily removed from the mailing list.
Local Legislations
The Company makes no representation that the content, the Information, or the Services offered through the Site and/or the App are appropriate, available or legal in any particular location. Those who choose to access the content, the Information, and the Services offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The User understands and agrees that, in addition to money damages, the Company shall be entitled to equitable relief where appropriate upon User’s breach of any portion of this Agreement.
The User understands and agrees that, in addition to money damages, the Company shall be entitled to equitable relief where appropriate upon User’s breach of any portion of this Agreement.
Miscellaneous
User agrees that no joint venture, partnership, employment or agency relationship exists between User and the Company as a result of this Agreement and/or User’s use of the Site and/or the App. User may not assign any part of its rights and obligations under this Agreement without the Company’s prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. The terms of this Agreement are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in this Agreement are used for convenience only and are not to be considered in construing it.
General
The Company may revise this Agreement at any time by updating this page on the Site and/or the App. You should visit this page from time to time to review the then-current Agreement because they are binding on you. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages at the Site and/or the App.
Those who access the Site and/or the App from locations outside Israel are responsible for compliance with applicable local laws. Any claim relating to the Site and/or the App or use of the Site and/or the App will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Site and/or the App will be brought in, and you hereby consent to the exclusive jurisdiction and venue in, the competent courts in the district of Tel Aviv-Jaffa, Israel. You hereby agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule. If any term or provision of this legal notice is for any reason held to be invalid, such invalidity shall not affect any other term or provision, and this legal notice shall be interpreted as if such term or provision had never been contained in this legal notice.
You may contact the Company at info@evigence.com; 36-42 Newark st., Hoboken, NJ 07030 or HaCarmel 2, Yokne'am, Israel.
