By installing and/or using Tokilla or any other service, application or functionality we offer online (collectively, “Service”) you accept and agree to the following terms and conditions. If you do not agree with any of these terms and conditions, you must immediately cease all use of the Services and the Application.
These Terms and Conditions shall govern any use you make of the Service and any dispute in connection therewith, and are deemed a binding agreement between you and [Tokilla]. (“Operator”).
The Application and all Services provided in connection therewith are provided “AS-IS” and any and all warranties in connection therewith is hereby disclaimed to the maximum extent allowed under law.
3. Limited Liability
By using the Application, you expressly acknowledge and agree that Operator shall not be liable in any way whatsoever for any damages, claims or any other liability arising from or related to any act or omission by any third party, explicitly including any other user of the Application, and the Oprator’s liability is explicitly disclaimed hereunder for any content delivered (or not delivered) for any reason or intent, via the Application.
Subject to your compliance with these Terms of Service, Operator hereby grants you an international, limited, personal, non-assignable license to use the Application.
All design, features, graphics, interfaces and multimedia elements, trademarks and service marks remain the sole intellectual property of the Operator (or their respective owner).
THE WEBSITE’S DESIGN, “LOOK AND FEEL”, GRAPHIC AND MULTIMEDIA ELEMENTS, AND THE STRUCTURE, SEQUENCE AND ORGANIZATION OF THE WEBSITE ARE SOLE PROPERTY OF THE OPERATOR.
THE APPLICATION AND THE WEBSITE ALL TRADE NAMES AND TRADE MARKS BELONG TO THEIR RESPECTIVE OWNERS.
5. Your Obligations
5.1. Acceptable Use: You undertake to refrain for any breach of the license and/or breach of any acceptable use policy, and you shall explicitly refrain from any intentional breach of any right, including any Intellectual Property Right of the Operator, by any unlawful or unauthorized copy, distribution, dissemination, or undue grant of access to the Application, or any action intended to facilitate the same in any way (such as automated access of any sort, reverse-engineering or any alteration or modification of the Application).
5.2. User’s Responsibility: You are and shall remain solely responsible for any and all use of the Application, including all messages and content that you submit or deliver using the Application, including User Submitted Content (“Submissions”), and hold Operator harmless from any claim of infringement of copyright or other intellectual right, or the transmission of harmful or defamatory content of any sort.
6. Suspension of Service
Without derogating from any other provision of these Terms and Conditions, Operator is entitled to suspend the Service or any part thereof, at its sole discretion, from any user, without prior notice, including if suspicion of abuse or misuse of the Services, at Operator’s sole discretion, and you explicitly waive any claim with respect to the same.
You hereby give consent to Operator to publish, transmit and display your information, messages, media, feedback and Submissions you will use the Application to send to other users. You acknowledge your Submissions may be hosted on remote platforms and servers, visible to devices or others, if not specifically blocked, and hereby absolve and release Operator from any liability and responsibility in connection therewith.
8. DMCA; Removal Requests; Takedown Notice
8.1. We immediately remove allegedly infringing Submissions and User Submitted Content following a proper takedown notice, corresponding with US Digital Millennium Copyright Act (DMCA) to avoid copyright infringement.
8.2. Any communication disallowed under these Terms and Conditions, and any threatening, tortuous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or infringes or may reasonably considered infringing of third party rights, is disallowed.
8.3. Operator may remove any content if properly notified that such content or Submission infringes on another’s rights (including intellectual property rights).
8.4. To file a copyright infringement notification, send a written notice (“Takedown Notice”) that includes the following: (i) Contact details and physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed rights; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaint is justified. Such takedown notices may be emailed to. Operator reserves the right to remove content and Submissions without prior notice, and may remove them permanently even if the dispute between the infringing and complaining party has been resolved.
9. Warranty Disclaimer
YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OPERATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
Operator EXPLICITLY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS, INFRINGEMENTS OR DEMANDS WHICH MAY ARISE, UNDER ANY LAW, CONTRACT AND/OR LEGAL DOCTRINE, IN CONNECTION OR WITH RESPECT TO ANY ASPECT OF THE SERVICE AND/OR APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, THEORETICAL (INCLUDING LOSS OF GOODWILL OR LOSS OF PROFITS OF ANY SORT) OR INCIDENTAL DAMAGE OR LOSS OF ANY SORT.
10. Limitation of Liability
WITHOUT DEROGATING OF ANY DISCLAIMED LIABILITY, TO THE MAXIMUM EXTENT PERMITTABLE BY LAW, IT IS HEREBY AGREED THAT OPERATOR’S LIABILITY SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE GROSS TOTAL AGGREGATE AMOUNT OF PAYMENTS ACTUALLY PAID AND RECEIVED BY OPERATOR FROM THE USER.
11. Suspension of Service
Operator reserves the right to discontinue the Service or any aspect or feature of the Service, at any time, temporarily or permanently, including for maintenance, service and upgrade purposes.
The Service is controlled and offered by the Operator from its facilities as may be from time to time. Operator makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Operator Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold the Operator harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your Submissions and any other aspect of your use (or abuse) and access of the Service; or any violation of these Terms and Conditions; or any third party claim with respect to the same.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by the user. The Operator may assign any of the foregoing and any right or obligation hereunder, without restriction.
You agree that: (i) the Service shall be deemed solely based in Israel and any issue of dispute with respect to it shall be solely governed and resolved in accordance with the laws of the State of Israel. (ii) the competent courts in Tel-Aviv, Israel, shall have sole jurisdiction with respect to any issue or dispute in connection therewith. (iii) any cause of action not commenced by any party hereunder shall be permanently time-barred one (1) year after it occurred.
15. No waiver
Operator’s failure to assert any right or remedy under these Terms of Service shall not constitute a waiver of such right or remedy.
16. Changes and updates to these terms and Conditions and Privacy Notice
17. Severability and Mandatory Law
These Terms and Conditions are severable and shall remain binding, but remain subject to any and all applicable mandatory legislation.
Date Last Modified: December 26th, 2019
Tokilla values your Privacy.
Through using Tokilla and the Services, you may submit, disclose or publish information, including immediate information about your availability and/or location. You are not obligated to use these features.
Tokilla does not collect other or additional information.
2. Use of Information by Tokilla
Tokilla uses the Information to operate, maintain, and provide to you the features and functionality of the Service. Tokilla may use non-personally-identifiable information (including user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Tokilla Application and Services.
2.1. Use of contact List
Tokilla needs to access your contacts so we can find which one of them uses Tokilla. Your contacts list is safely stored on our servers, and will not be shared with anyone without your permission.
3. Collection of Information
The Operator complies with web browser’s mechanisms to allow choice. When using the Application, you may choose to stop sharing information at any time using your browser’s settings to disable the Application add-on. This will not erase historic data. For erasure request please email: firstname.lastname@example.org
4. Data Security
Tokilla uses reasonable commercially reasonable physical and technical safeguards to preserve the integrity and security of your personal information. Tokilla cannot and does not ensure or warrant the security of any information or Submission transmitted. Avoid unsecured or unprotected networks to submit messages through the Tokilla Service.
You may at any time request to erase all Personally Identifiable Information related to you, by sending an email to: email@example.com
6. Event of Merger, Sale, or Liquidation
In the event that Operator is acquired by or merged with a third-party entity, we reserve the right (or in the event of liquidation, as provided under law) to transfer or assign the information collected from our users as part of such merger, acquisition, sale, or other change of control.
Date Last Modified: December 24th, 2019