Last Revised: November, 2020
These Terms of Service (the "Terms") create a legal binding electronic agreement between you (the "user", "you" or "your"), and Candy Tech Ltd. (the "Company", "Candy Tech" or "We"), the legal owner of the Installer and Software (as defined below), developed or otherwise licensed to Candy Tech. These Terms create the terms and conditions under which the user may use the Installer and Software, including any related features.
BY USING THE INSTALLER AND SOFTWARE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT THESE TERMS.
YOU EXPLICITLY AGREE TO USE THE INSTALLER AND SOFTWARE UNDER THE TERMS AND CONDITIONS OF THESE TERMS. FURTHERMORE, YOU FULLY AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE INSTALLER AND SOFTWARE. IF YOU DO NOT AGREE TO THE THESE TERMS, PLEASE DO NOT USE THE INSTALLER OR SOFTWARE, AND YOU MUST UNINSTALL THE SOFTWARE FROM YOUR DEVICE, WHERE APPLICABLE.
OUR SERVICES DESCRIPTION
Our installation software ("Installer") is intended to operate and optimize the installation of specific software provided in it, which may include desktop application, add-on browser extensions, and any other technologies ("Software"). The Software supplies a direct web search and other advanced features and it may include relevant advertisements based on your online searches.
You hereby agree and acknowledge that some Software, when installed, may change your browsers' search settings, new tab settings, and other settings and features that the Software may be provided by the Software.
You will be required to provide permission and consent in order to install the Software. By using the Installer, you give the Company your consent to install the Software, including additional software needed to execute such Software, as the Company determine. The Software requires registry changes and access to the Internet.
You may, at your own discretion, and at any time, decline, skip or accept any or all of the Software. In addition, you may cancel or stop the Installer's operation by clicking the appropriate button after starting the process; however, we may disable your ability to do so in different stages of the process. Please note that by stopping the Installer's operation in certain stages of the process, not through the appropriate button, you may cause damage to your device. The Company will not be liable or responsible for any damages arising out as a result of the Installer's operation's cancelation which were not preformed through the appropriate bottom. Moreover, in the event of canceling or interrupting the installation before completion, you can cause residual data or software from the process to remain on your device. You can manually remove such residual data or software, including a desktop application, to resume the installation from interruption.
You hereby granted and accept a limited, non transferable, nonexclusive, non-sub licensable and fully revocable license for using, acceding and installing the Installer and Software ("License").
You hereby agree and acknowledge that the License is subject to your compliance with the Terms and solely for your persona and non-commercial use and purposes. We do not grant you any other rights relating to the Installer and Software, except as expressly set forth in these Terms.
THE CONTENT OF THIRD PARTY
The Company is not responsible or has any control over the content of third parties provided as part of the Software or otherwise included as a link therein, such as websites advertisement or search results. If you access any third-party website, service, or content from the Software, you do so at your own risk, and you agree that Candy Tech has no liability arising from your interaction with those third parties. The Company recommends you, and it is at your own obligation to read the relevant terms and policies of third parties carefully. These terms or policies shall govern your use once you are linked to these third parties' content or otherwise interacts with them.
Candy Tech will not be liable or responsible for any third parties' content. The inclusion of third parties' content in the Software will not be considered as an endorsement on behalf of the Company.
REPRESENTATIONS AND WARRANTIES OF THE USER
You hereby represent and warrant that by using the Installer and Software, you shall not do the following acts in connection with the Installer and Software:
- claim any proprietary rights in or to the Installer and Software, or any element or content of it, nor remove, change or modify any notices of proprietary rights;
- copy, sell, share, distribute or lease or the Installer and Software and the License granted in this Terms;
- use malicious codes or any automated means (for example, scraping, crawling etc.), when you are accessing the Installer and Software;
- impair the performance or interfere, bypass or disable the security features of the Installer and Software;
- disassemble, reverse engineer, modify, adapt, translate, decompile , make copies of, circumvent or hack the Installer and Software, or any temptation to originate its source code;
- revise, modify, bypass edit or alter any feature of the Installer and Software;
- use the Installer and Software in any unlawful, fraudulent, or harmful manner;
- use the Installer and Software in any other manner that may violate these Terms.
CANDY TECH MAY, UNDER ITS SOLE DISCRETION, SUSPEND OR TERMINATE YOUR ACCESS AND USING OF THE INSTALLER AND SOFTWARE UPON ANY BREACH OF THESE TERMS. PLEASE NOTE THAT BREACH OF THESE TERMS MAY RESULT IN CIVIL AND CRIMINAL LIABILITY, SUBJECT TO APPLICABLE LAWS.
Any rights included any intellectual property rights, title, and interest of any kind in and to the Installer and Software are, and shall remain the exclusive property of Candy Tech and its licensors. Such rights will include, without limitations, trade names, logos and any modifications, know-how, derivative works, upgrades, technology methods, inventions and ideas, rights in software, and computer code, included in source or object code and any software or registration.
UPDATES OF THE INSTALLER OF SOFTWARE
Candy Tech reserves the right to update, amend, or perform other revisions to the Installer or Software and the services offered in this Terms without any notice (in advance or otherwise). Candy Tech will not be liable or responsible for any damages or any other effect causing any changes and updates as described above. The User must be aware that by installing the Software, he/she approves the downloading and installation of automatic updates of the Software.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT USE OF THE INSTALLER OR SOFTWARE IS AT YOUR OWN RISK AND RESPONSIBILITY OUR INSTALLER AND SOFTWARE ARE PROVIDED ON AN "AS IS'' AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING REGARDING FITNESS FOR A SPECIFIC PURPOSE, MERCHANTABILITY, TITLE AND NON-INFRINGEMENT. CANDY TECH DOES NOT WARRANT THAT THE INSTALLER OR SOFTWARE ARE OR WILL BE FREE OF HARMFUL OR MALICIOUS CODE, OR FREE OF BUGS AND DOES NOT WARRANT THAT IT WILL TAKE ANY ACTION IN ORDER TO CORRECT BUGS, ERRORS OR ANY OTHER TECHNICAL PROBLEM. CANDY TECH WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO THE USER, OR ANY THIRD PARTY RESULTING FROM BUGS OR ANY TECHNICAL ISSUES. CANDY TECH DOES NOT PROVIDE ANY WARRANTY OR MAKES NO REPRESENTATION THAT THE INSTALLER OR SOFTWARE ARE OR WILL BE AVAILABLE FOR USE IN ANY OCATION OR AT ANY TIME.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE USER ACKNOWLEDGES AND AGREES THAT NEITHER CANDY TECH NOR ITS AFFILIATES, AS WELL AS THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, WILL BE LIABLE FOR ANY KIND OF INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR PROFITS, LOST OF DATA, DAMAGES TO EQUIPMENT ETC., RESULTING FROM YOUR USE OR INABILITY TO USE THE INSTALLER OR SOFTWARE EVEN WHEN THE COMPANY, OR ANYONE ON ITS BEHALF, WERE ADVISED ON THE POSSIBILITY OF THESE DAMAGES.
IN NO EVENT SHALL CANDY TECH'S AGGREGATE LIABILITY, FOR ALL CLAIMS MADE BY THE USER AND DAMAGES, EXCEED THE ACTUAL PRICE FOR THE USER'S USE OF THE INSTALLER AND SOFTWARE PAID BY THE USER OR TEN US DOLLARS, WHICHEVER IS LESS.
You will defend, indemnify and hold Candy Tech and its respective affiliates, directors, shareholders, officers or representatives harmless from any cost, damages, expenses, liabilities, demands, losses judgments, cost and expenses, including, without limitation, reasonable attorney's fees incurred by the Company as a result of your breach of the Terms.
The user and the Company may terminate these Terms at any time and for any reason. The effective date of these Terms will be the date in which the user initiates the Installer use. The user has the right to remove the Software from his/her device according to the standard uninstalls procedure through the browser settings on his device. Upon termination, the License shall be automatically terminated as well.
Candy Tech reserves the right to terminate or suspend the Installer and Software operation at any time, with or without appropriate notice. Candy Tech shall not be liable to the user or any third party, for any loss or damages caused by the termination.
TERMS UPDATES AND REVISIONS
The Company reserves the right to revise, update or amend these Terms from time to time, at its sole discretion, with or without previous notice. The most current version of these Terms will always be posted on our website and the most updated version will be indicated in the "Last Revised" date. The amendments and revisions to these Terms will be effective upon the publication date. By continuing to use the Software, you agree to the revised Terms.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of the State of Israel, without giving effect to any conflict laws' principles. The competent courts located in Tel Aviv, Israel, will be the sole jurisdiction in any dispute, claim or controversy regarding these Terms, Installer and Software. Any claim regarding the Installer and Software shall be limited to twelve (12) months starting from the relevant claim and permanently barred after that.
- Entire agreement and Assignment: these Terms and any changes or updates; are the entire agreement between you and Candy Tech regarding the Installer and Software. If any part of these Terms was determined to be invalid or unenforceable, it will not affect the remaining of these Terms, which shall remain in full force and effect. These Terms, and any rights or licenses granted under these Terms, shall not be assigned or transferred by you. The Company entitled, under its sole discretion to assign these Terms, and to delegate any of her obligations under these Terms.
- Force majeure: Candy Tech shall not be deemed in breach of these Terms if Candy Tech is unable to provide the Installer, Software or any portion of it as a result of national emergencies, labor dispute, insurrection, earthquake, shortages, fires, riots, flood, storm, acts of God, explosions, war, internet outages, global pandemic, or any act of any local or international law, governmental order or regulation or any other event beyond Candy Tech's control.
- Waiver: any failure to enforce any rights or to take any action by the Company against the user in the event of any breach hereunder shall not be deemed as providing a waiver of these rights or of subsequent actions for a future breaches.
CONTACT WITH CANDY TECHCandy Tech
+1 (833) 993-2068
11th Hamenofim St. Herzliya 4672562, Israel