Last updated: March 24, 2017
WalkWalk App End User License Agreement (”EULA”)
This End User License Agreement (“Agreement”) is between you and HomePloyer Ltd. - WalkWalk developer (“ WalkWalk “) and governs use of this app made available through the Apple App Store. By installing the WalkWalk App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the WalkWalk App.<
This Agreement is between you and WalkWalk. only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. WalkWalk App, not Apple, is solely responsible for the WalkWalk App and its content.
WalkWalk may collect and use information about your usage of the WalkWalk App, including certain types of information from and about your device. WalkWalk may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the WalkWalk App.
3. Limited License
WalkWalk grants you a limited, non-exclusive, non-transferable, revocable license to use the WalkWalk App for your personal, non-commercial purposes. You may only use the WalkWalk App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Age Restrictions
By using the WalkWalk App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the WalkWalk App does not violate any applicable law or regulation. Your access to the WalkWalk App may be terminated without warning if WalkWalk believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the WalkWalk App, you agree to be bound by this Agreement in respect to your child's use of the WalkWalk App.
5. Objectionable Content Policy
Content may not be submitted to WalkWalk, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
WalkWalk disclaims all warranties about the WalkWalk App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, WalkWalk, not Apple, shall be solely responsible for such warranty.
7. Maintenance and Support
WalkWalk does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, WalkWalk, not Apple, shall be obligated to furnish any such maintenance or support.
8. Product Claims
WalkWalk, not Apple, is responsible for addressing any claims by you relating to the WalkWalk App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the WalkWalk App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
9. Third Party Intellectual Property Claims
WalkWalk shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the WalkWalk App. To the extent WalkWalk is required to provide indemnification by applicable law, WalkWalk, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the WalkWalk App or your use of it infringes any third party intellectual property right.
10. Legal compliance
You -the end-user must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties
WalkWalk 'Woof' monthly subscription gets you a full and ongoing access to all features. A subscription always starts with a two-months free trial, so you can try before you buy. A subscription costs $2.99 per month. Payment will be charged to your iTunes Account at confirmation of purchase and after the 2 months free trial. The subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal within 24-hours prior to the end of the current 1 month period. You can turn off auto-renew at any time from your iTunes account settings. Cancellation of the current active subscription period is not allowed.
WalkWalk, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
WalkWalk will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
15. Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of WalkWalk. and its licensors. The Service is protected by copyright, trademark, and other laws of both the Israel and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of WalkWalk.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue as auto-renew is turned off at least 24-hours before the end of the current period
17. Limitation Of Liability
In no event shall WalkWalk, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
WalkWalk its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
19. Governing Law
These Terms shall be governed and construed in accordance with the laws of Israel, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
21. Contact Information
If you have any questions about these Terms, please contact us. at HomePloyer Ltd.