Famoty Terms of Service

Last Updated: 21 march 2021

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE FAMOTY APP, YOU AGREE TO BE BOUND BY THE (1) FAMOTY TERMS OF SERVICE AND (2) FAMOTY PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE FAMOTY APP. THE HEADINGS CONTAINED IN THIS TERMS OF SERVICE ARE FOR REFERENCE PURPOSES ONLY.

1. Definitions

Famoty Services (hereinafter – “Services”) means access to Famoty Application, and all the services provided to you by Famoty via the Famoty Application in accordance with this Terms of Service. 

Famoty Application (hereinafter – “Famoty App”) means a software installed from various app stores, accessed or otherwise used by you on your devices (mobile phones and tablets) through which you can access the Famoty Services.

User means any person who downloads and installs the Famoty Application. 

Content means any text, sound, theme, animation, photographs, video, graphics or other materials and information available through Famoty Application.

Terms that are not defined in this Section shall be interpreted in accordance with the text of this Terms of Service.

2. What are you agreeing to?

2.1. The Parties to this Agreement.

These Terms of Service describe a contractual relationship (“Agreement”) between User (“you”, “yours”) and Neosight Inc, (including its subsidiaries, affiliates, agents, and assigns) («Famoty», «we», «us», «our»), regarding your use of the Services.

2.2. Amendments of these Terms of Service. 

Famoty reserves the right, at its own discretion, to unilaterally change, modify, add, remove or replace this Agreement in whole or in part at any time. However, such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes. Famoty will make a reasonable effort to inform you of such changes, but you are responsible for reviewing and becoming familiar with any changes. Continued use of Famoty App after changes have been posted will indicate your acknowledgment and agreement to be bound by the revised Agreement.

2.3. Your Eligibility.

To be eligible to use the Services, you must be at least 16 years of age. If you are under 16, you may use the Services only with involvement and the consent of your parent or guardian.

You represent and warrant that you have the rights, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.

3. Access and use of Services

3.1. Non-commercial Use.

Services are available solely for your personal, non-commercial use. 

3.2. Access to Services.

You get access to Services following the downloading via app store and installation of Famoty App on your mobile phone/tablet. Each User gains an inner ID number after first use of Famoty App. Famoty uses ID numbers solely in order to save settings options of Famoty App chosen by User.

Access to the Famoty App may from time to time be unavailable, delayed, limited or slowed due to, among other things:

• servers, networks, hardware failure (including your own device), telecommunication lines and connections, and other electronic and mechanical equipment;
• software failure, including bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of screening programs, unreadable codes, or irregularities within particular documents or other content;
• overload of system capacities;
• damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
• interruption (whether partial or total) of power supplies or other utility of service;
• governmental or regulatory restrictions, court decisions or other external intervention; or
• any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Famoty.

3.3. Fees.

Famoty provides its Services for free. You understand and agree that some functions of Famoty App are accessible to you on the paid basis only. In order to gain access to such paid functions, you are required to make a payment to Famoty using one of the available methods of payment. You are responsible for any fees or other amounts that payment system or any third party charges. Any payments you make to us are final and non-refundable. 

3.4. Lawful Use.

You are responsible for all of your activity in connection with the Services. You agree that you will not violate any laws in connection with your use of the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. 

By using the Services, you agree not to:

• engage in any activities related to the Services that violate any applicable law, statute, regulation, bylaw, internal company policy or ordinance or breach this Agreement or any other agreement or policy you have with Famoty; 
• use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Famoty App or to surreptitiously intercept or expropriate any data from the Famoty App; 
• use the Services in connection with any commercial endeavors, including, but not limited to, not to sell, resell or otherwise exploit for any commercial purposes any portion of the Famoty App;
• reproduce, duplicate or copy any portion of the Famoty App;
• commit unauthorized use of the Famoty App and systems including but not limited to misuse of any information posted in the Famoty App;  
• take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique;
• use the Services in a manner that: violates the intellectual property rights, rights to privacy, reasonable expectation of privacy, or any other rights of anyone else; is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; violates the security of any computer network, or cracks any passwords or security encryption codes.

Illegal and/or unauthorized use of the Services will be investigated, your right to use or access the Services will be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. 

3.5. Content of Famoty App. Disclaimers.

All the information contained in Famoty App (Content) is for information and/or entertainment purposes only. 

The information is presented on a “as is” basis, and may consist of personal opinions and recommendations, that are not intended to substitute for any professional educational, medical, legal, financial, psychiatric, employment or other advice. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

Famoty does not make any promises as to completeness or accuracy of any piece of information available through the Famoty App. Famoty is not responsible for how such information is interpreted or applied in real life.

BY USING THE SERVICES, YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR ACTIONS, REGARDLESS OF ANY INFORMATION RECEIVED THROUGH FAMOTY APP. PLEASE BE AWARE THAT USING OF ANY FUNCTIONS OF FAMOTY APP HAS NO IMPACT ON REAL LIFE. WE DO NOT GUARANTEE ANY RESULTS THAT YOU MAY EXPECT IN ACCORDANCE WITH USING OF FAMOTY APP.

To the maximum extent permitted by applicable law, Famoty shall not be responsible or liable to any person for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information provided via Famoty App.

3.6. Feedback You Provide.

If you provide feedback to us, you agree that we can use it without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you. 

Any unsolicited ideas or other materials as to proposed modifications of the software or marketing you submit to Famoty are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

3.7. Granting the License. 

All right, title and interest in the Services and in connection with Services are owned by Famoty, its licensors, affiliates, or designated third parties, if any. 

Famoty grants you a revocable, limited, non-exclusive, non-transferable, non-sub-licensable right to access and use the Services for your personal, non-commercial use (“License”) in accordance with these Terms of Service.

3.8. Changes to Famoty App.

You understand that the Famoty App is evolving. We reserve the right, in our discretion, to make improvements and/or to change, modify, discontinue, or temporarily suspend the Famoty App, impose limits on certain features, restrict or terminate your access to the Famoty App or Services at any time without prior notice. It may be required to install software updates in order to use the Services, and you agree to promptly install such updates we provide. 

3.9. Famoty Services.

The Famoty application provides the users with the following features:
1. The user can create a family that includes the current user and other users of the application. Both adults and children can use the application (with involvement and the consent of children’s parent or guardian).
2. The user can create tasks that can be performed by all family members. The user solely manages the value of the task with a merit point system.
3. The user can create rewards that all family members can receive. The user solely controls the values of the rewards.
4. The user receives points for completing tasks, which can be exchanged for the rewards.
5. The user can view his statistics on the completed tasks and received rewards.

4. Warranty disclaimers

YOU UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY ARE DISCLAIMED WHERE POSSIBLE.  FAMOTY DOES NOT GUARANTEE THAT: (I) THE FAMOTY APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE RESULTS OF USING THE FAMOTY APP WILL MEET YOUR EXPECTATIONS. 

FAMOTY DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, CYBER-ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND FAMOTY DISCLAIMS ANY LIABILITY RELATING THERETO.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF AN IMPLIED WARRANTY, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT COVERED BY SUCH AN IMPLIED WARRANTY WITHOUT PREJUDICE TO THE IMPLIED WARRANTIES THAT MAY BE AND THUS HAVE BEEN DISCLAIMED.

5. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAMOTY AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF SERVICES AND ANY INFORMATION PROVIDED VIA FAMOTY APP. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, FAMOTY AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), OR ANY OTHER LIABILITIES OR LOSSES WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, SERVICE LIABILITY OR OTHERWISE; NOR ARE FAMOTY AND ITS AFFILIATES LIABLE FOR ANY THIRD-PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US THROUGH THE FAMOTY APP SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER WE NOR OUR AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL.    

FAMOTY DISCLAIMS FROM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAMOTY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE FAMOTY APP AND SERVICES EXCEED 100 EURO OR THE AMOUNT YOU PAID FAMOTY IN THE PAST SIX MONTHS, WHICHEVER IS LESS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.

THESE LIMITATIONS OF LIABILITY STATED HEREUNDER AND DISCLAIMER IN SECTION 4 OF THIS AGREEMENT DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

6. Disputes resolution

6.1. Disputes with Famoty.

If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact us at famoty.app@gmail.com to try resolving your problem directly with us.

6.2. Mandatory Litigation.

THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE. 

Except as explicitly provided in this Agreement, any dispute or claim relating in any way to your access to the Famoty Application, your use of the Famoty Services, or otherwise arising out of or relating to this Agreement or the Famoty Services that cannot be resolved directly between you and Famoty shall be resolved by the respective court of the USA.

6.3. Restrictions.

You and Famoty agree that any litigation shall be limited to the dispute between Famoty and you individually. To the fullest extent permitted by law, (i) no litigation shall be joined with any other; (ii) there is no right or authority for any dispute to be resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

6.4. Exceptions to Informal Negotiations and Mandatory Litigation.

You and Famoty agree that the following disputes are not subject to the above provisions concerning informal negotiations and mandatory litigation (i) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Famoty’s intellectual property rights; and (ii) any claim for injunctive relief.

7. Miscellaneous provisions

7.1. Intellectual Property.

All intellectual property rights to all content, design, text, graphics, logos, compilations, software and other matters to the Famoty App, including without limitation copyrights, patents, trademarks, service marks and trade secrets in the Famoty App are owned by Famoty or its affiliates. The copying, redistribution, use or publication of any part of the Famoty App, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Famoty App does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. 

7.2. Third Party Websites, Mobile Applications and Advertisements.

The Famoty App contains links to non-Famoty websites and mobile applications. We allow third party advertisers to display their advertisements and other information in certain areas of the Famoty App (“advertisements”). Such third party websites, mobile applications and advertisements are not investigated, monitored or checked for accuracy, completeness, reliability by us. We do not warrant that such third party websites, mobile applications and advertisements or their content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such websites, mobile applications and advertisements or their content is devoid of viruses or other contamination. If you choose to follow a link to a website, mobile application not controlled by Famoty, you must do so at your own risk. Links to non-Famoty party websites, mobile applications and advertisements do not imply any responsibility of Famoty for the opinions, ideas, products, information or services offered at such websites and mobile applications or under such advertisements. 

You understand and agree that your use of non-Famoty websites and mobile applications is at your own risk and is subject to the terms and conditions of use applicable to such websites and mobile applications.

7.3. Applicable Law.

We operate and control the Services from our office in the USA.

All matters relating to Services and this Agreement, as well as any dispute or claim relating to Famoty, Famoty App, shall be governed by all applicable laws of the USA. This provision shall survive termination of this Agreement.

7.4. Indemnification.

You use the Famoty App at your own risk and for your sole responsibility. You agree to indemnify, defend and hold us and our affiliates harmless from any claim, demand or liability, and/or costs (including, but not limited to, reasonable attorneys’ fees) related to your use of the Famoty App or any violation of this Agreement.

7.5. Privacy.

Please review Famoty’s  Privacy Policy, which describes how we collect and use certain information that you submit to Famoty.

7.6. Term and Termination.

This Agreement will remain in full force and effect as long as you continue to access or use the Famoty Services. We reserve the right to suspend, limit or terminate all or a portion of your access to the Famoty App or any of its features at any time without prior notice, including if we determine that you violate or fail to comply with this Agreement or applicable law. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.

7.7. Assignment.

You may not assign or otherwise transfer this Agreement and any associated rights or obligations, without Famoty’s prior consent. We may assign any of our rights and obligations under this Agreement without restriction.

7.8. Entire Agreement. Waiver. Severability.

These Terms of Service constitute the entire agreement between you and Famoty with regard to your use of the Services. These Terms of Service supersedes and replaces any and all prior oral or written understandings, proposals or agreements between Famoty and you regarding the Services.  These Terms of Service cannot be changed or modified by you. 

The failure of Famoty to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. 

If any provision of this Agreement is determined to be void or unenforceable in whole or in part, then that provision shall be deemed severable from the remaining conditions and shall not affect the validity and enforceability of any remaining condition of this Agreement.

7.9. Contact us.

Should you have any questions concerning this Agreement, please contact us via Famoty Support Center in Famoty App or on famoty.app@gmail.com