Last modified: October 29, 2016
Amendments. Ylimit may amend these Terms at any time by posting the amended Terms on our website, and or through the Application and you agree that you will be bound by any changes to these Terms. For your convenience, the date of last revision is included at the top of this page. We may make changes to the Application and/or the Service at any time. You understand that Ylimit may discontinue or restrict your use of the Application or Service for any reason or no reason with or without notice.
2. The Service
Ylimit provides you, as a legal guardian of a child or children under the age of 18 (your “Minor Child” or “Minor Children”), with software and services (collectively the "Service") which enables you to collect certain information or to remotely manage the mobile devices owned or controlled by you, used by your Minor Children (will also be referred as "Users"), depending on the Services to which you subscribe. The Service may provide you access to certain mobile device activities of your Minor Children using mobile devices on which the Application is installed (the “Monitored Activities”). The Service may also provide you with the ability to remotely manage certain aspects of the mobile devices of your Minor Children on which the Application is installed (the “Management Features”). This includes activity reports and content of communications, in particular of other applications or services on the device, and blocking or limiting certain categories of sites or applications, at your option.
Your Choice. Ylimit provides a dashboard on the Service for enabling you to configure the level and degree of monitoring and control of the devices associated to the account. YOU ARE SOLELY RESPONSIBLE for how such dashboard controls are configured and the processing of personal data as a consequence, including its collection, storage and analysis on the Service. Ylimit only implements automatically the configuration and instructions provided by you. Ylimit is a work in progress, and we reserve the right to modify or suspend temporarily the Ylimit services at any time for any reason. Notice of any suspension will be given in accordance with these terms.
Eligibility. Monitoring of minor’s activity may be illegal in some jurisdictions. Please consult your local legal advisor before you commence using the Service. You may not use the Service (a) if you are not of legal age to form a binding contract with Ylimit; (b) in countries where the Service may not be used under the laws of such country or where you or your Users reside; or (c) for Users who are not your Minor Children and/or for whom you are not the legal guardian. Subject to applicable law, we may, in its sole discretion, refuse to offer the Application or the Service to any person or entity and change its eligibility criteria at any time.
Prohibited Monitoring. Without derogating from the above, any child that you intend to subject to our Service shall be under the age of 18 years old and unless you are the legal guardian of your child, you may not monitor such a child or any child in which you are brother/ sister, step brother or step sister, aunt or uncle, cousin or nephew, grandfather or grandmother, great grandfather or great grandmother. YOU CANNOT USE OUR SERVICE TO MONITOR ANYONE WHO IS NOT YOUR MINOR CHILD AS DEFINED HEREINABOVE WITHOUT THEIR EXPRESS WRITTEN CONSENT. If you have any questions on eligibility of the use of our Service, please contact us at firstname.lastname@example.org.
Service Availability. We use reasonable endeavors to make available to you at all times the Application and Service but we shall not, in any event, be liable for interruptions of Service or down-time. Due to special maintenance, security or capacity issues, and also to some events over which we may not influence (e.g., anomalies in public communication networks, electricity cut offs, etc.), the Service may be temporally suspended or affected by brief anomalies. In an effort to improve the Service, we may require that you download and install updates to the Application from time to time. You acknowledge and agree that Ylimit may update the software with or without notifying you.
Security. Ylimit cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You understand that the Ylimit Application and Service can be used for transmission of content to the Service, collected from the devices associated to your account, and that during processing, your User Content, including usage time in various application and network activity and other account information are transferred over the internet. Currently they are not stored in an encrypted manner, as this would prevent the monitoring and filtering services.
3. Your Representations and Warranties. By using the Application and Service or clicking the “I Accept” button, you hereby warrant, represent, covenant and certify the following:
- All information that you provide to Ylimit is true and accurate, including, without limitation, the state of residence and the ages of each of your children that will be using mobile devices with the Service;
- You will only install the Application on mobile devices for which you are the owner and you consent to the collection of information on your Minor Child’s device on behalf of such Minor Child;
- You will not use the Application, Service, Monitored Activities or Management Features in violation of any Federal, State or local law, rule, ordinance or governmental regulation you are subject to. Without derogating from the foregoing, Ylimit is not responsible for your access or use of the Monitored Activities or the Management Features;
- You consent to Ylimit granting you access to the Monitored Activities of each of your Minor Children that you have registered with Ylimit for your exclusive password restricted access through the Service;
- You consent to Ylimit taking all actions as directed by you through the Management Features with respect to the mobile devices of your Minor Children on which the Application is installed;
- You will not use the Service to monitor the activities of (i) any person that is 18 years of age or older, (ii) any person that is a resident of country that prohibits such monitoring or activities or (iii) any person for whom you are not the legal guardian;
- You agree that Ylimit is not responsible or liable in any manner for any content you encounter through the Monitored Activities. Ylimit is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter through the Monitored Activities. You further agree that Ylimit is not responsible or liable in any manner for any such actions you direct Ylimit to take through the Management Features.
- You will properly follow all instructions and documentation provided by Ylimit to you through the Application;
- You will not allow any other person to access the Monitored Activities or to utilize the Management Features; and
- You have advised all Users over 13 years old of mobile devices on which the Application is installed, that you own those devices and that it includes control and monitoring software and you have their consent to such activity.
- Your use of the Service shall be for the sole purpose of protecting your Minor Children’s welfare. You shall not use your Minor Children’s collected private data for any private and/or commercial purposes. If you are found to have done so and if required, Ylimit reserves the right to provide the relevant government authorities with information about you and your activities. In addition, your access to and use of the Service will be terminated without refund.
WE RESERVE THE RIGHT TO EXCLUDE ANY USER FROM THE SERVICE WITHOUT PRIOR WARNING SHOULD YOU BREACH THESE TERMS.
5. Requirements. You acknowledge and agree that Ylimit may during the installation process send notifications to the devices you have registered stating that the device belongs to its authorized owner, may be used only for safe and legal activities, and has security software that maintains a record of the use of the device that may be accessed by the owner of the device. This requirement may change as the Service evolves. You are responsible for any internet connection fees that you incur when accessing the Service.
6. Your Account
Registration. For using our Service you will be required to register and create an account by completing the corresponding form with your details (email and name) and agreeing to these Terms ("Account"). A verification email is sent to you.
Activation; Limited License. We try to provide access to the Ylimit Service immediately. We reserve the right to refuse the Ylimit Services to anyone for any reason. On confirmation of the account, you are granted a limited, revocable, non-exclusive and non-transferable license to use the Ylimit Service in accordance with these Terms.
Passwords. The passwords are confidential and it is therefore your responsibility to safeguard and ensure their correct use. You agree to notify us immediately upon learning of any unauthorized use of your Account or any other breach of security known to you.
Account Sharing or Transfers. You may not share or transfer any account. You may not disclose your password to anyone else.
Cancellation by You. You have the right to cancel any Account registered to you at any time. You may cancel any account registered to you by following the instructions on the Application or send us an email at [support@Ylimitapp.com]. If you voluntarily terminate an account or allow that Account to lapse, you may reactivate that Account at any time through the Account interface on the Application. Accounts terminated by Ylimit for any type of abuse, including without limitation a violation of these Terms, may not be reactivated for any reason. Upon any termination or suspension of Service, the monitoring of all mobile devices on which the Application is installed shall cease and any information you have submitted on the Application or that which is related to your Account may no longer be accessed by you. Furthermore, Ylimit will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. For clarity, Ylimit will delete all monitored data for any device associated with an account which violates these Terms in accordance with Section 8 herein [Data Availability].
Term. Subject to payment, when applicable, of the fees, your Account shall be activated and remain in force for the Term indicated below, unless terminated by either us or you hereunder:
- Free User: use of the limited Service for an unlimited period;
- Evaluation Term: use of the Service for the period of 30 days from registration of the account;
- Premium Subscription: subject to payment of the applicable fees, use of the Service for the contracted term, in accordance with the subscription and/or paid features you have chosen.
Termination by Ylimit. You may cancel your Account at any time as set forth above. No refunds will be given for early termination. We may suspend or cancel your registration immediately in case of breach by you of these Terms, by written notice. We may cancel any Free Use at any time with or without notice to you, and Premium subscription may be terminated by providing you 7 days’ notice prior to the end of any Term. On termination for any reason, your access to your Account and all of its content will be disabled and your content deleted, except as maintained in backups (for back-up retrieval purposes only or for any legal contingency). In addition, we reserve the right to terminate our agreement with you if the provision of the Service is, in our sole opinion, no longer commercially or otherwise viable or your Account is inactive for more than 1 month (in this latter event, we will provide you 15 days’ notice of termination, sent to your registered email address). Upon termination of your Account for any reason these Terms shall terminate and you must remove the Application from your and your children's devices and dispose of all originals and copies of the Application and any software licensed to you through the Service in your and your children's possession.
Notwithstanding termination or expiration of this Agreement, your representations, warranties herein and Sections 6 (regarding termination) 12, 14, 15, 16, and 17 shall survive. All licenses granted hereunder shall terminate upon the termination or expiration of this agreement. Termination shall be in addition to any rights and remedies available to either party at law or equity or under these Terms.
User Content. The Service monitors and stores information transmitted from the devices where the Ylimit Application is installed, about Users’ local and online activities (usage of applications, searching, social networks, browsing, etc.), and allows you to communicate with your child in text messaging (such information and communications is collectively referred as “User Content”). While YLimit collects, stores and analyses this information for you, you and the User of the mobile device are sole owners of this information and are solely responsible for all User Content that is transmitted to Ylimit. You grant us a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to copy and store such User Content on our servers (or server of third party service provider on our behalf) and transmit such User Content to/from the devices identified in your Account solely for these purposes.
Your Responsibility. You shall be solely responsible for your User Content and to ensure that it is obtained legally and does not infringe upon any rights of third parties or violate applicable laws. We do not control or supervise any User Content, except when required to in accordance with your instructions (configuration of the Application) or by applicable law or competent court or administrative decision. We do however reserve the right to eliminate at any time any User Content of which we are aware that infringes the law or third party rights. You will be solely liable and shall indemnify us and our affiliates for any infringement or violation of any third party’s rights and/or laws arising from your User Content.
8. Data Availability
You hereby understand and acknowledge that, with respect to any Android based device, Ylimit stores monitored data from such devices (e.g., the Monitored Activities) for up to 12 months backwards (unless a Cancelation Event (defined below) occurs) and any such data that is greater than 12 months old may be deleted by Ylimit, and as a result, will not be available on the Service.
If a subscription is canceled for any reason, a subscription is suspended by Ylimit if a payment is late, there is an investigation into the authenticity of information provided, or a device is linked to a Minor Child who has reached the age of 18 or is believed to be a resident of a country in which the Service may not be used pursuant to applicable laws and regulations (each occurrence, a “Cancelation Event”), Ylimit will (i) immediately cease the monitoring of all mobile devices related to such subscription or the applicable Minor Child and (ii) cease data availability to the User.. Upon such deletion, no monitored data (as a whole or with respect to the applicable Minor Child, as applicable) will be available on the Application and/or the Service. However, Ylimit will keep your general account information (such as your name and email address) to cover any legal responsibilities that may arise from our relationship with you. Access to such data will be blocked in accordance with applicable laws unless such event arises.
9. Subscription Fees
Free User; Trial Account. When you use the Service as Free User certain features will not be available to you. Ylimit may provide you access to the Service or certain features on an unpaid trial basis (the "Trial Account") and for a limited amount of time ("Trial Period") as specified on the Service during the sign-up process for the sole purpose of you personally evaluating the Application. You may only use a Trial Account in accordance with these Terms and any additional terms and policies outlined on the Application. If you elect to begin a paid subscription at the end of the Trial Period your account will be converted to a paid subscription account. You acknowledge that by virtue of having a Trial Account that the features provided in the Service may be reduced or limited, your access to the Service may be reduced or limited, the features in the Service may be changed and we may stop offering the Services or any features at any time.
Premium Subscription. You may elect to sign up for a paid premium services or subscription.
The fees for the any subscription or paid features are set out within the Application. You agree to pay the fees for the paid subscription/features selected by you. Payment is by way of online payment system provided by Ylimit or as otherwise agreed with us. You acknowledge that your access to the Service may not be continuous, features may change during your use of the Application, and we may stop offering the features at any time pursuant to the Terms. FEES ARE NON-CANCELLABLE AND NON-REFUNDABLE, unless we decide at our sole discretion to credit or refund our users.
Price updates. Prices for the Service may change at any time by giving you thirty (30) days or more prior written notice. New prices will apply as of the end of your subscription for any future subscription. In the event of any continued use of the Service after such price update, you are deemed to have accepted the new prices.
Invoicing. For standard services, invoice for the start-up and subscription fee/s will be issued upon acceptance of the online order. You will be invoiced at start up and for additional Users for a full period, regardless of the start date. Renewals are invoiced on the periodic basis set out in the order form. Unless provided otherwise in the order, we will issue invoices in Euros or USD. You agree to provide us or our reseller complete and accurate billing and contact information.
Payment. Unless stated otherwise on your order form, all amounts invoiced shall be due and payable in advance on contracting the Service and 7 days prior to renewal (if applicable). We reserve the right to suspend or terminate this Agreement and access to the Service if you do not pay in timely manner. In the event of credit card payment, you will provide us with valid and updated credit card information or with a valid purchase order or alternative document reasonably acceptable to us. If you provide credit card information, you authorize us to charge such credit card for all Services set out in the order form for the initial subscription term and subsequently any renewal subscription term(s) as set out herein.
Taxes. Unless otherwise provided, prices do not include any taxes that may apply, including without limitation VAT or equivalent sales tax, such taxes being your responsibility. If we have the legal obligation to pay or collect taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.
10. Features of the Service
The Service includes a number of features which may or may not be available to you depending on which subscription/features you elect and, where required, pay or subscribe to use.
Location-Based Services; Network Connectivity. Certain features of the Service, by their nature, require the use of “location-based” services and technology. By using the Application, you acknowledge that the location tracking features and network connectivity features (e.g. GPS, Wifi, Data etc.) of the mobile devices which you monitor through the Service must be enabled at all times when you are using the Application. Ylimit expressly disclaims any liability for the failure of the Service to perform as intended if such features have been disabled, or fail to function properly, on the applicable mobile device. In addition, you agree that Ylimit may collect, use, and share precise location data, including the real-time geographic location of the monitored mobile devices as necessary in the provision of the Service. Any additional use of this location data will be collected and stored anonymously in a form that does not personally identify the User of the device and may be used by Ylimit to provide and improve the location-based features and services.
Emergency Distress Feature. The Distress Feature provides alert upon pressing the power button and a quick shake of the device. The child's device transmits an alert to the parent’s device and the Application identifies the location of the child’s device and provides certain voice recording around the child’s device. It may further initiate the transmission of SMS text messages to a person or persons of your choosing. The Application and Service do not assure that an alert, recording or text messages have been sent to or received by the relevant person. It is highly important that you guide your Minor Child on how to use this feature and not to rely solely on this feature in case of emergency.
IMPORTANT: THE DISTRESS FEATURE IS NOT A REPLACEMENT FOR 911/100/ANY OTHER EMERGENCY PHONE NUMBER WHICH IS APPLICABLE IN YOUR COUNTRY.
PLEASE TEACH YOUR MINOR CHILD TO USE ADDITIONAL MEANS TO NOTIFY YOU OR THE POLICE IN CASE OF EMERGENCY.
YLIMIT CANNOT AND DOES NOT GUARANTEE THAT THE DISTRESS FEATURE WILL FUNCTION PROPERLY AND WITHOUT ERRORS OR INTERRUPTIONS. DISTRESS FEATURE USES WIFI OR DATA AND LOCATION BASED SERVICES (E.G. GPS, ETC.) OF THE MOBILE DEVICE AND WILL NOT FUNCTION PROPERLY IF SUCH FEATURES ARE DISABLED ON THE DEVICE OR FAIL TO FUNCTION PROPERLY. EVEN IF YOUR SMARTPHONE AND APPLICATION HAVE CONNECTIVITY, WE CANNOT AND DO NOT GUARANTEE AND HAVE NO CONTROL OVER WHETHER THE DISTRESS FEATURE SMS/RECORDING /ALERT WILL BE DELIVERED IN REAL-TIME, DELIVERED AT ALL OR ACCESSED BY OR RESPONDED TO BY ANY RECIPIENT.
11. Software License
Limited License. The Application and Service are enabled by software designed for mobile devices. Subject to the these Terms and payment of applicable fees (if any) you are hereby granted a non-exclusive, limited, revocable, non-transferable, non sub licensable license to use the Service including any software included therein for the duration of the applicable subscription Term.
Restrictions. To use the Application and Service you must have a mobile device that is compatible with the software. Ylimit does not warrant that the software will be compatible with your mobile device. Ylimit hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the software for one account owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the software or Service to any third party or use the software or Service to provide time sharing, act as a service bureau or similar services for any third party; (iii) make any copies of the software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the software, features that prevent or restrict use or copying of any content accessible through the software, or features that enforce limitations on use of the software; or (v) delete the copyright and other proprietary rights notices on the software. You acknowledge that Ylimit may from time to time issue upgraded versions of the software, and may automatically electronically upgrade the version of the software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the software is covered by the applicable open source or third-party license, if any, authorizing use of such code. The foregoing license grant is not a sale of the software or any copy thereof, and Ylimit or its third party partners or suppliers retain all right, title, and interest in the software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Ylimit reserves all rights not expressly granted under this Agreement. You agree to comply with all laws related to use of the software and the Service.
Uninstalling the Application. If you have installed the Application on a web browser or mobile device and you wish to uninstall, please follow the instructions on the Application or contact customer service at support@Ylimitapp.com.
Misuse of Application and/or Service. You may not connect to or use the Service in any way not expressly permitted by this Terms. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Service or otherwise attempt to disrupt the Application and/or Service or any other person’s use of the Application and/or Service; or (b) attempt to gain unauthorized access to the Service, accounts registered to other users, or the computer systems or networks connected to the Application and/or Service. Furthermore, you may not use the Application or Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Application and/or Service, (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding Ylimit and/or the Application or Service or (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
No Data Mining or Harmful Code. You agree that you will not (a) intercept, examine or otherwise observe any proprietary communications protocol used by the Application or the Service, whether through the use of a network analyzer, packet sniffer or other device; or (b) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the software, the Application or the Service.
Third Party Information. You agree that you will not at any time prior to or after this Agreement, improperly use or disclose any proprietary information or trade secrets of any other persons which may be in your possession, if any. Further, should we disclose confidential information of our third party licensors, you will comply with any use and confidentiality guidelines requested of you by Ylimit. You will hold all such confidential and proprietary information in the strictest confidence and will not disclose it to any third party or use it for the benefit of any person other than for Ylimit or such third party.
12. Intellectual Property
Our Proprietary Rights. Ylimit retains all right, title and interest in and to the original, and any copies of the Application, the Service and any software and content therein (except User Content) and related information, improvements, enhancements or derivatives thereto and ownership of all intellectual property rights pertaining thereto, in whole or in part, shall be, vest with, and remain the exclusive property of Ylimit and/or its licensors.
Our Trademarks. Ylimit and the Ylimit logo are trademarks/service marks of Ylimit. Unauthorized use of any Ylimit trademark, service mark or logo may be a violation of federal and state trademark laws.
Feedback. Ylimit shall exclusively own and have title to all feedback, reports and test results provided by you and any modifications or derivatives of the Service. You hereby make all assignments (or in the alternative where an assignment cannot be effected, you grant Ylimit an exclusive, perpetual, and irrevocable license) necessary to accomplish the foregoing, including assignment to Ylimit (or in the alternative where an assignment cannot be effected, you grant Ylimit an exclusive, perpetual, and irrevocable license) of all ownership interest in any feedback, reporting, results, or any other related diagnostic or customer service information associated with your use or personal evaluation of the Application and Service and related written materials. The foregoing shall not apply to your proprietary information, if any, disclosed to Ylimit.
Hosting. The Application and the Service are hosted and operated by Ylimit using a third party's hosting services.
This provision shall survive termination and expiration of these Terms and shall remain in full force and effect thereafter. Without derogating from any of the provisions herein, you agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the Service (or any part thereof, or any software underlying the Service or individual sections of the content, design or layout of the Application), other than as expressly authorized by Ylimit in writing.
14. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. YLIMIT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY FEATURE OR CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE APPLICATION OR THE SERVICE OR ANY FEATURES THEREOF. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE APPLICATION AND/OR THE SERVICE IS AT YOUR SOLE RISK. YLIMIT DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPLICATION OR ANY PART OF THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE APPLICATION OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPLICATION OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YLIMIT PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT (I) YOU WILL RECEIVE ANY TYPE OF BENEFIT FROM THE USE OF THE SERVICE; (II) THE SERVICE WILL FIND OR COMMUNICATE TO YOU EVERY EXAMPLE OR ALL EXAMPLES OF INTERNET OR MOBILE DEVICE CONTENT ABOUT THE SUBJECT(S) OF THE SEARCHES TO BE UNDERTAKEN BY THE SERVICE; OR (III) THE SERVICE WILL MEET YOUR EXPECTATIONS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
15. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YLIMIT, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE APPLICATION, SOFTWARE AND/OR SERVICE, EVEN IF YLIMIT AND/ OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF YLIMIT OR ANY OF THE RELATED PARTIES EXCEED THE LESSER OF $20 OR THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. The foregoing shall be your sole and exclusive remedy for any claim or damages.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Ylimit and its affiliates shall be limited to the fullest extent permitted by law.
You agree that any action or claim against Ylimit, based on this agreement, must be submitted within one (1) year as of the date on which the damage has occurred.
16. Indemnification. You agree to indemnify, defend and hold Ylimit and its affiliates harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use or misuse of the Application and/or the Service or any breach by you of these Terms or any other policies that Ylimit may issue for the Application and/or Service from time to time.
Links. The Application may contain links to third party Internet sites and services. We make no representation whatsoever nor accept any responsibility about such sites nor have any control over them. Any third-party content or a link to a third-party site is for informational purposes only.
Agreement. These Terms contain the entire agreement of the parties relating to the subject matter hereof. Any representation, promise, or condition not explicitly set forth in these Terms shall not be binding on either party. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
Export Laws. The software provided to you with the Service may be subject to export laws and regulations. You shall comply with any applicable export laws and regulations you are subject to, including but not limited to the U.S. Export Administration Laws and Regulations if you reside in the United States, and shall not transfer, export or re-export to any embargoed countries or denied persons or prohibited entities any information received from the Service or the direct product thereof.
Contact and notifications. You agree to receive our email notifications related to Ylimit. We will not share your email with 3rd parties. We may contact you for information and service notifications relevant to your account or when required by law. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Application or delivering them to you through e-mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
Law and Jurisdiction: These terms and the provision and use of Ylimit are subject to Israeli Law without regard to its conflicts of laws provisions. For the resolution of any conflict regarding the interpretation, performance or breach of these Terms or use of Ylimit, the parties submit to the exclusive jurisdiction of the Courts of Tel Aviv, Israel, without prejudice to any applicable consumer rights to bring actions in the court of the user’s domicile. The parties agree to use all reasonable efforts to resolve such issues amicably prior to initiating any legal action. You acknowledge that a breach of these Terms may cause irreparable injury to Ylimit for which monetary damages are not an adequate remedy. Accordingly, We shall be entitled to seek injunctive relief and other equitable remedies in the event of such breach.
Contact. Any questions regarding Ylimit, our products and services or these Terms should be addressed via the online web form or to info@Ylimitapp.com