Terms of Use

Animoove Ltd. (“We” or “Us”) develops a fun AI based application named Animoove, aimed to enhance the experience of texting, by making it more intuitive, versatile and meaningful (the “App”).  

The services (the “Services”) accessible through the App shall all be subject to these Terms of Use (these “Terms”). By accessing or using the Service or the App, you (“You”) agree to be bound by these Terms, Our Privacy Policy, as updated by Us from time to time, and the registration page You access when creating Your account with Us (the latter two (2) to constitute part of these Terms). None of the aforesaid documents shall in any manner limit or restrict Our rights under any other document.

At this time, access to the App and the Services are provided free of charge, however, We may at any time and from time change the aforesaid, at Our sole and absolute discretion.

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1. License. We reserve all rights in and to the App and the Services. These Terms will govern any upgrades, updates and versions of the App and Services, except to the extent accompanied by separate terms. The license granted to You under these Terms is limited to a non-transferable license to use the App on the smartphone device You own and control, thorough which You access the App and Service. The Service and App are for use solely by individuals above the age of eighteen (18); by using the Services or the App, You represent that you are above the age of eighteen (18). The Services are provided to You for personal use only and may not be used by You in connection with any commercial endeavors.

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2. Certain Restrictions. You may not in any manner rent, lease, lend, sell, distribute, redistribute, make available to others or sublicense the App or Service; We shall have any liability in connection with the use of the App or Service by anyone other than You. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, the App or Services (except as and only to the extent that any restriction in this sentence is prohibited by applicable law). You acknowledge that the Company (and/or any third party licensors thereto) is and shall remain the sole owner of all rights, title and interests, including, without limitation, any patents, copyrights, trademarks, trade names, service names, trade secrets, goodwill and other intellectual property rights, in, to and/or in connection with the App and/or the Service, any animation, drawings, videos, movies, sounds, voices, graphics, logos, marks, text, photographs, visuals, artworks and software used in connection with or contained in the Service or the App,  any portion of any of the foregoing as well as any changes, developments, improvements, versions, variations and/or derivatives of any of the foregoing, including, without limitation, those created by You through using the App. You shall use the App solely pursuant to these Terms, applicable law, the documentation provided by Us from time to time and Our instructions, as may be updated by Us from time to time, and in a reasonable and proper manner. You grant Us a perpetual, irrevocable, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use and/or exploit in any manner the feedback, suggestions and ideas of and/or provided by You in connection with the App and/or the Service.

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3. Privacy & Use of Data. We respect Your privacy and shall not disclose to third parties the content You upload through the App or using the Service in a manner that personally identifies You, except as permitted by You or these Terms.  Please refer to Our Privacy Policy ([clickable reference]), which explains how we collect, use and disclose information that pertains to Your privacy. You agree that We may collect and use data and information, including, but not limited to, technical information about Your device, system and application software and peripherals, that is gathered through the App or the Service, including, without limitation, any content referred to in Section 7 below and/or Your location. You provide Us with an irrevocable, perpetual, transferable, sub-licensable, royalty free license to use, copy, modify, develop, disclose, distribute and publish such information, data and content (i) for any purpose, as long as it does not disclose it to third parties in a form that personally identify You, (ii) in connection with the App, the operation and/or provision of the Services to You and/or to others and/or any improvement of the App and/or the Services, and (iii) in connection with any cooperation between Us and any third party, including, but not limited to, for advertising targeting, as well as any marketing and/or promotional activities; and/or (iv) Our acquisition by any third party. Further, We may choose, at Our discretion, to use, whether in a manner that identified You or not, any text, sound, drawing etc., that You add and/or insert through the App, in a manner that makes such item available for use by other users of the App, in which case all intellectual property rights in connection with such item shall be Ours only, free and clear of any charges, pledges, liens, encumbrances and/or third party rights; You hereby provide Your consent to the aforesaid. You represent and warrant that You are have all authority and rights required in order to comply with the foregoing sentence and that Our use as aforesaid shall not infringe, violate and/or misappropriate any third party rights. 

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4. Termination.  These Terms are effective until terminated by You through written notice to Us at least one (1) month in advance, through Your account settings, or by Us, at Our discretion. Your rights under these Terms will terminate automatically upon any failure by You to comply with any term/s of these Terms. Upon termination of these Terms, You shall cease all use of and access to the App and the Services and destroy all copies, full or partial, thereof. Our rights under and/or in connection with these Terms shall survive the termination or expiration of these Terms.

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5. Third Party Item. The App or Service contains, refers to, enables access to, and/or requires use of or access to, third party products, software, hardware, systems, applications, telecommunication services, other services, websites, content, advertisements and/or other items (all together, “Third Party Items”). In addition to these Terms, You hereby agree to be bound by and fully comply with all agreements, terms, conditions, rules, guidelines, policies etc. in connection with any Third Party Items. We do not warrant or endorse and will not have any liability or responsibility whatsoever in connection with any Third Party Items.

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6. Displayed Content.  You understand that by using the Application, Services and/or Third Party Items, You may encounter, be exposed to, be displayed or be made available content that may be deemed offensive, indecent or objectionable. We shall not have any responsibility or liability to You for any content as aforesaid. We shall have no responsibility or liability for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that You may receive as a result of using any of the Services and/or the App. You agree that the App and/or Services contain and/or display content, information and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright law, and that You will not use such content, information or materials in any way whatsoever, except for the specific purpose for which it is provided to You, and/or in any manner that is inconsistent with these Terms or that infringes any intellectual property and/or like rights. No portion of the App, the Services and/or any content, information and material as aforesaid may be reproduced by You in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, post, upload, publish, encode, transmit in way or create derivative works based on the App, the Services and/or any content, information and material as aforesaid, in any manner, and You shall not exploit the App, the Services and/or any content, information and material as aforesaid in any unauthorized way whatsoever, including, but not limited, to transmit any computer viruses, worms, Trojan horses or other malware, by trespass or burdening network capacity. You further agree not to use the App, the Services and/or any content, information and material as aforesaid in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate any rights. In the event that We suspect any of the foregoing, We may erase any content referred to in Section 7 or any portion thereof and/or report You to law enforcement authorities.

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7. Your Content.  We shall have no responsibility for content communicated, authored, uploaded, posted, provided, generated, transmitted or stored by You and/or anyone on behalf of You and/or through and/or in connection with Your access or use of the Service or the App; We do not undertake to control any content as aforesaid and do not have any obligation to monitor such content for any purpose; You are solely responsible for any content that may be lost or unrecoverable through access to or use of the App or the Services; We shall have no liability in connection with any content backup. You shall timely provide all required and appropriate warnings, information and disclosures in connection with any content referred to in this Section 7. You grant Us a perpetual, irrevocable, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to host any content as aforesaid. Notwithstanding any other provision, We may disclose any information, including, without limitation, any content as aforesaid, necessary or appropriate, in the Our discretion, to satisfy Our legal duties, protect Us and/or Our clients and/or customers and/or operate the App and/or Services properly. Further, certain text, sound, drawing etc. that You add and/or insert through the App may belong to Us, as set forth in Section 3. You confirm that all information and data You provide to Us, including, without limitation, with respect to your account and Your registration to the App and/or any Event, is correct, true accurate and full. If any such information or data becomes incorrect, inaccurate, misleading or false, You will immediately update Your account details and Us in writing.

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8. Content. We are not responsible for examining or evaluating the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any content. We do not guarantee the availability, accuracy, completeness, reliability or timeliness of any data, information or content. We may, but have no obligation to, update or monitor any content and/or engage technological measures to detect and prevent use of the App and/or Service not in compliance with these Terms. We, in Our discretion, may refuse to post, remove, or refuse to remove, any content, in whole or in part, which We believe to be unacceptable, undesirable, inappropriate and/or in violation of these Terms.

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9. Access at Your Risk.  In addition, the App, the Services and/or any content, information and material that may be accessed from, displayed on or linked to therefrom are not available in all languages or in all countries. We make no representation that any of the foregoing are appropriate or available for use in any particular location. To the extent You choose to access or use any of the foregoing, You do so at Your own initiative and are responsible for compliance with any applicable law, including, but not limited to, applicable local law.

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10. Removal of App. We reserve the right to change, suspend, remove or disable access to any Services and/or the App, at any time without notice. In no event will We be liable for the removal of or disabling of access to any of the Services or the App or their unavailability at any time or for any period. We may also impose limits on the use of or access to the Services and/or the App, in any case and without notice or liability.

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11. Professional Services.  We provide to You a platform, but do not provide any professional services and the Services do not constitute or contain any professional advice or opinion. We shall have no liability in connection with any communication through the App being unclear or its misinterpretation.

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12. NO WARRANTY.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP AND/OR THE SERVICES IS AT YOUR SOLE RISK. THE APP AND ANY SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY, AND WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE APP AND/OR ANY SERVICES, EITHER OR NOT EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF ENJOYMENT AND OF NONINFRINGEMENT OF RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP AND/OR THE SERVICES, THAT THE APP, ITS FUNCTIONS OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

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13. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP AND/OR THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACTS, TORTS OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Our total liability to You in connection with an Animoove exceed the fee that You actually paid to Us in respect of such Animoove; and in no event shall Our total liability to You exceed US$5. We (shall have no liability for any failure not within Our reasonable control. We shall have no liability for DAMAGES RELATING TO TELECOMMUNICATIONS FAILURES, THE INTERNET, ELECTRONIC COMMUNICATIONS, ACCESS TO THE APP OR THE SERVICES AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION, VIRUSES, SPYWARE, HARDWARE AND/OR THE LIKE. Further, it is hereby clarified that We shall have no liability in connection with: (a) access to or use of the App and/or the Services in an Event not in full compliance with these Terms; (b) any modification of the App and/or the Services and/or an Event not by the Us; and/or (c) incorporation, attachment or conjunction of the App and/or Services with any other software, hardware, device and/or other item. WE SHALL HAVE NO LIABILITY IN CONNECTION WITH ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES, DELETION, MISDELIVERY OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE APP OR THE SERVICES.

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14. Indemnity. You undertake to defend Us against, hold Us harmless from, and indemnify Us for, any damages, losses and expenses (including, without limitation, any legal fees) arising and/or resulting from any breach by You of these Terms, willful misconduct, negligence, any tortious and/or other act or omission by You, Your upload, access to and/or use or misuse of the App or the Services or inability to so do. We shall be entailed to assume the defense, in which case You shall cooperate with Us in the defense, at Your expense, per Our instructions.

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15. Export Rules.  You may not use or otherwise export or re-export the App and/or the Services, except as authorized by applicable law.
16. Law. The laws of the State of Israel, excluding its conflicts of laws rules, govern these Terms. Any dispute in connection with these Terms, the Application and/or the Services shall be resolved solely before the competent courts of Tel Aviv – Jaffa, Israel.

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17. Open Source.  The Application may contain open source software, shareware, freeware and/or the like. The use of such software is subject, in addition to these Terms, to all terms and/or conditions of use as well as all other agreements in connection with such open source software, shareware, freeware and/or the like. Notwithstanding any other provision, the Company provides no representations, warranties, guarantees, undertakings and/or indemnities in connection with any open source software, shareware, freeware and/or and shall have no liability whatsoever in connection therewith.

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18. Tax. Any payment by You to Us shall be supplemented by VAT and/or sales tax pursuant to applicable law, to be paid by You to Us with such payment.

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19. Assignment. You shall not assign, transfer, pledge, charge, encumber, delegate, subcontract or otherwise dispose of Your rights and/or obligations under these Terms, in whole or in part, without Our prior written consent. We shall be entitled to assign, transfer, pledge, charge, encumber, delegate, subcontract or otherwise dispose of any or all of Our rights and/or obligations under these Terms.

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18. Severability. If any competent court of law rules that any provision of these Terms is invalid, such provision will be deemed removed from these Terms per such ruling and without affecting the remainder of these Terms, provided that these Terms shall be interpreted, to the maximum extent permitted under applicable law, to give effect to removed provision.

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19. Amendment.  We may, at our discretion, from time to time supplement, change or amend these Terms, including, without limitation, the price, related business model and other commercial terms.

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20.   Third Parties.   No third party shall have any rights under these Terms. IT IS HEREBY CLARIFIED THAT These Terms DO NOT GRANT TO YOU ANY RIGHTS TOWARDS ANY THIRD PARTY.

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21. Equitable Relief.  You acknowledge that any breach of these Terms by You will cause material damages to Us and that in the event of any breach or suspected breach as aforesaid, the Company shall be entitled to equitable relief, such as an injunction, in addition to any other remedies the Company may be entitled to under these Terms and/or applicable law.

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22. Entire Agreement. These Terms are the complete agreement between the Us and You with respect to the subject matters thereof and supersedes all prior agreements between the parties relating to such subjects.

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23. Notices. We may provide You with notices in any manner, including, without limitation, through email and/or by posting to the App, the Services or Our website.

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24. Registration. You shall keep strictly confidential and not disclose Your registration page with Us and its content as well as Your password. You are responsible for all activities under your Account, whether or not known to You. You represent and warrant that all information provided to Us by You is accurate and updated. If You registered as a professional, We may use Your name and identification as a client of the App or Service in any manner for promotional purposes.