ELEFEND TERMS OF USE (TEST) FOR TRIAL (BETA) VERSION

LAST UPDATED: March 8, 2020.Hello and thanks for using Elefend ("Elefend", "we", or "us").

Our product trial version, (all products, sites and services are referred to herein collectively as the “Services”), are MADE AVAILABLE TO THE SOLE PURPOSE OF TESTING THE SERVICES.

If the commercial version of the Services will be launched, then the Services will aim to help their users identify and monitor telephone calls, and to alert when suspicious calls are made. We thank you deeply for singing up to test our Services, but first, it’s important that you understand the terms and conditions that apply to your test (use) of the Services. Please take a few minutes and read this Terms of Use for Beta Version agreement (the “Agreement”).

BETA VERSION

THE ACCESS TO THE BETA VERSION OF ELEFEND SERVICES IS FOR TESTING PURPOSES ONLY AND SHOULD NOT BE USED FOR OR RELIED ON FOR ANY OTHER PURPOSES.

WE EXPECT MULTIPLE BUGS, GLITCHES, LACK OF FUNCTIONALITY OR OTHER PROBLEMS WHILW TESTING THE SERVICES. PLEASE LET US KNOW IMMEDIATELY OF ANY OF THESE HAPPEN AT INFO@ELEFEND.COM SO WE CAN RECTIFY THESE ACCORDINGLY. YOUR HELP IN THIS REGARD IS GREATLY APPRECIATED.

ELEFEND DOES NOT GIVE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE SUITABILITY OR USABILITY OF THE SERVICES WHICH ARE STILL UNDERGOING TESTING BEFORE THEIR OFFICIAL RELEASE.

ELEFEND WILL NOT BE LIABLE FOR ANY LOSS, WHETHER SUCH LOSS IS DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, SUFFERED BY ANY PARTY AS A RESULT OF THEIR TEST (USE) OF THE SERVICES. THE TEST (USE) OF THE SERVICES ARE AT THE TESTERS OWN RISK AND THE TESTER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTS IT.

This Agreement applies only to the sole purpose of testing of Elefend Services by consumers, testers. If you intend to use Elefend Services for any type of benefit, you must enter into a separate agreement with Elefend, and this Agreement does not apply to your use of Elefend Services. You may not use Elefend Services for any purpose other than testing, unless you have entered into a specific Agreement with Elefend. For more information about Elefend Services, please email us to info@elefend.com.

1. Acceptance of Terms

By testing (using) any of the Services that contain or link to this Agreement, you agree to be legally bound by the terms and conditions of this Agreement and our Privacy Policy, which is incorporated by this reference.

Please be aware that all the information you share with us during your registration to the Services is collected and stored with us as further detailed in our Privacy Policy HERE . You may only use the Service in accordance with the terms and conditions hereunder.

Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into this Agreement.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SERVICE IN ANY MANNER.

2. Requirements to Use the Services

2.1. Minimum Age for Eligibility

If applicable law in the jurisdiction in which you reside requires you to be older in order for Elefend to provide the Services to you, including the collection, storage, and use of your contact information, then the Minimum Age is the legally required older age. The Services are not for use by anyone under the age of 18 years.

2.2. Account Creation

In order to access the Services, you are required to create an Elefend tester account (an Account) using your one or more of the following: phone number, e-mail address and name. To create an Account, you must provide certain information about yourself, such as name, email address and phone number (such information, Registration Data), and answer all inquiries marked "required". If you create an Account, you agree: (i) that the Registration Data you provide to us will be true, accurate, current, and complete at the time you provide it; (ii) to maintain and update your Registration Data to keep it true, accurate, current and complete; and (iii) that we may contact you using your Registration Data to confirm your Registration Data before you may use certain Services, to get your feedback from using our Services to deliver notices or advertisements related to the Services.

We reserve the right to terminate your license to use the Services and to refuse to provide you with future access to the Services if we reasonably believe any of your Registration Data is, or appears to be, untrue, inaccurate, not current, incomplete or outdated. In the event you change or deactivate the phone number you used to create or add to an Account, you agree to update your Registration Data within 15 days to ensure that your information is not attributed to a person or business who acquires your old phone number.

2.3. Operation of the Service

In order to test (use) the Services, you need to complete 3 steps:

(i) configure your phone's conditional (when busy) call forwarding service (forwarding all unanswered calls to a different number) to redirect unanswered calls to our server's number – we will provide you with such number. Elefend will then query its own and third parties databases to identify the caller (if possible). You are solely responsible for any charges imposed by your mobile service provider for using the conditional call forwarding feature and local or long-distance usage. (ii) Automatically block unknown callers (who are then directed to Elefend server, since the conditional call forwarding was activated). This is done differentlyeither menually for iPhone users (using iOS 13 and above) and for Android users (with different Android versions) who download an app. (iii) add a phone number which will be provided to you to your contact list as 'Elefend'.

2.4. Cancellation

You may discontinue the test or our Services at any time. To stop using Elefend please follow the next steps:

  1. Write us an email to info@elefend.com, saying you wish to discontinue the service.
  2. Deactivate 'Block Unknown Callers' in your phone settings.
  3. Deactivate the Conditional Call Forwarding setting you activated during the app setup process. To do that,
  4. please dial the following according to your carrier:

Carrier


Deactivation Code


Alternate Deactivation Code


Verizon

*73

N/A

AT&T

##004#

##61#, ##62#, ##67#

MetroPCS (Value Bundle only)

##004#

##61#, ##62#, ##67#

T-Mobile

##004#

##61#, ##62#, ##67#

Sprint

*730, *740

N/A

C-Spire (Business Class plan)

*77

*77

US Cellular

*900, *920

N/A

Cricket

##004#

##61#, ##62#, ##67#

If you fail to do this, you will not receive your voicemail messages and may experience other problems with your mobile phone service. Please contact us at info@elefend.com if you are experiencing any difficulties in cancellation.

3. Tester Content

3.1. Your Grant of Rights and Representations Regarding Tester Content

In the course of testing (using) the Services, you may upload, produce, post, transmit or otherwise make available to us certain information, data, materials or other content, including information about yourself (“Tester Content”). All Tester Content will be treated in accordance with our Privacy Policy. Further, you grant us a world-wide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, perform, display, distribute, create derivative works in, store and archive such Tester Content. Also, you understand and agree that Elefend retains the right to reformat, excerpt or translate any Tester Content provided or transmitted by you. Unless otherwise stated in this Agreement or our Privacy Policy, by submitting Tester Content, you represent and warrant that: (i) you are at least 18 years old; (ii) you own and control all rights to such Tester Content, or you have the lawful right to distribute, reproduce, and provide such Tester Content; (iii) such Tester Content is accurate and not misleading; and (iv) transmitting or providing such Tester Content does not: (a) violate this Agreement or (b) violate the rights of, or cause any injury to, any person or entity.

You also agree that we may collect and use technical information such as your IP address, device ID and other information, including, but not limited to, technical data about your device and system software and peripherals, to facilitate the provision of software updates, product support and other services to you related to the Services, as further set forth in the Privacy Policy.

We may edit or refuse to send or post any Tester Content, in whole or in part, or remove any Tester Content, in whole or in part, in our sole discretion. In the event that you lose rights to any Tester Content you provided, added, or transmitted to or through our database (whether or not you kept it private) for any reason (including changing your phone number), you hereby agree that you will immediately use the tools we make available to you to remove such Tester Content.

3.2 Feedback

One of the main purposes of the Beta testing is obtaining your feedback in order to make required changes to the Services. We appreciate receiving comments, ideas, suggestions, feedback or the like regarding any Services of Elefend (collectively, Feedback”), we shall have no obligation to you of any kind, monetary or non-monetary, with respect to Feedback and we shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. We will not treat your Feedback as confidential.

3.3. No Obligation to Monitor

We have no obligation to review or monitor your Tester Content or content that other testers submit through the Services. Therefore, you accept that you, via the Services, may be exposed to information that is erroneous or otherwise objectionable.

Even though we are not obligated to review or monitor the content submitted by our testers, we reserve the right to do so for the purpose of operating the Services, to ensure your compliance with this Agreement, or to comply with applicable law or the requirement of a court, administrative agency or other governmental body.

4. License & Termination; Elefend Proprietary Rights

Unless otherwise indicated, the Services, and all content and other materials available on or through the Services, including, without limitation, Elefend Data, but excluding Tester Content (collectively, the “Materials”), are proprietary to Elefend, and are protected by Israeli and international intellectual property laws. Subject to your compliance with the terms and conditions of this Agreement, we grant you a personal, non-exclusive, limited license for your own personal, non-commercial test (use) to access and test the Services (the “License”). The License does not include a license to use Elefend’s name or trademarks for any purpose. All rights and licenses not expressly granted to you in this Agreement are retained by Elefend.

Elefend may revoke or terminate the License granted above in its sole discretion, at any time.

Elefend may discontinue, terminate, suspend or shut down the Services, in part or in whole, at any time, for any or no reason. We may give notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, making such notice available on or through the Services, email, phone or otherwise publicly announcing such discontinuation, termination, suspension or shut-down. Upon any such action by Elefend, your License shall automatically terminate with respect to the affected Services and you must immediately stop using all affected Services.

5. General Obligations and Restrictions

5.1. You agree that you will comply with all laws applicable to your use of the Services and Materials.

5.2. You agree that you will not do the following:

Elefend has the right to investigate and bring claims for violations of any of the above to the fullest extent of the law.

7. Disclaimer; Limitation on Liability; Indemnification

7.1. Disclaimer of Warranty

THE SERVICES AND THE MATERIALS ARE MADE AVAILABLE IN AN BETA TRIAL VERSION ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOU WILL USE THE SERVICES FOR THE SOLE PURPOSE OF TESTING THEM AND WILL NOT RELY ON THE SERVICES IN ANY WAY. THE USE OF THE SERVICES AND MATERIALS IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM YOUR TEST AND/OR USE OF THE SERVICES OR MATERIALS AND FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE SERVICES OR MATERIALS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ELEFEND AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR MATERIALS.

WITHOUT LIMITING THE FOREGOING, NEITHER ELEFEND NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE ELEFEND PROVIDERS) REPRESENT OR WARRANT (I) THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT THE SERVICES OR MATERIALS WILL ALWAYS BE AVAILABLE TO TEST OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR MATERIALS WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH ANY SERVICES; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT THE SERVICES OR MATERIALS ARE NON-INFRINGING.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations and exclusions may not apply to you.

7.2. Limitation of Liability

IN NO EVENT SHALL ANY OF THE ELEFEND PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) TEST OF THE SERVICES OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE SERVICES OR MATERIALS, (II) ANY INABILITY TO USE THE SERVICES OR MATERIALS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH ANY SERVICES, IN EACH CASE EVEN IF THE ELEFEND PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ELEFEND PROVIDERS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR MATERIALS EXCEED ONE HUNDRED UNITED STATES DOLLARS.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you.

7.3. Indemnification Obligations

You agree to hold harmless, defend and indemnify the Elefend Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys’ fees), that are due to, arise from or otherwise relate to your test or misuse of any of the Services or Materials, including, without limitation, any actual or threatened suit, demand or claim made against any Elefend Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of this Agreement; or (iii) any Tester Content that you store on or transmit through the Services. Elefend may assume exclusive control of the defense of any matter subject to indemnification by you, and you agree to cooperate with Elefend in such event.

8. Dispute Resolution; Class Action Waiver; Limitation on Time to Bring Claims

THE TERMS OF THIS SECTION 8 APPLY TO ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND ELEFEND RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR ACCESS TO OR TEST OF THE SERVICES, WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING, WITHOUT LIMITATION, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY (“DISPUTE”).

If you have a Dispute with Elefend, you must send written notice describing the Dispute to Elefend to allow Elefend an opportunity to resolve the Dispute informally through negotiation. If we have a Dispute with you, we will send written notice (email or letter) describing the Dispute to you. The parties agree to negotiate resolution of a Dispute in good faith for no fewer than 30 days after notice of a Dispute has been provided.

IF THE DISPUTE IS NOT RESOLVED WITHIN 30 DAYS FROM RECEIPT OF NOTICE OF THE DISPUTE, YOU OR ELEFEND MAY PROCEED TO HAVE THE DISPUTE RESOLVED THROUGH ARBITRATION AS EACH PARTY’S EXCLUSIVE DISPUTE RESOLUTION PROCESS (EXCEPT FOR THE LIMITED EXCEPTIONS TO ARBITRATION SET FORTH BELOW). ARBITRATION MEANS THAT THE DISPUTE WILL BE RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.

YOU AND ELEFEND EACH WAIVE ALL RIGHTS TO CONDUCT DISPUTE RESOLUTION PROCEEDINGS IN A CLASS ACTION OR CONSOLIDATED ACTION. YOU AND ELEFEND EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, WITH THE SOLE EXCEPTION OF REPRESENTATIVE SUITS THAT ARE PERMITTED BY, AND DEEMED UNWAIVABLE UNDER, STATE LAW. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

If any clause within this Section 8 (other than the class action waiver clause above) is determined to be illegal or unenforceable, that clause will be severed from this Section 8, and the remainder of this Section 8 will be given full effect. If the class action waiver clause is determined to be illegal or unenforceable, this entire Section 8 will be void and unenforceable, and the Dispute will be decided by the courts of the state of Israel, as provided below in Section 9.3.

EACH PARTY AGREES THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICES OR MATERIALS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. ANY CLAIM NOT FILED WITHIN THE FOREGOING ONE-YEAR PERIOD WILL BE FOREVER BARRED.

9. General Terms

9.1. Severability

If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

9.2. Revision of Agreement

Elefend reserves the right to revise this Agreement at any time by posting a revised Agreement on its Website or otherwise making such revised Agreement available through the Services. If we make material revisions to this Agreement, we will use the date at the top of this Agreement to indicate the date it was last revised. The revised Agreement will be effective immediately upon its being posted on this Website or being made available through the Services. Your use of the Services following the posting of any such revisions will constitute your acceptance of any such revisions. We encourage you to review this Agreement each time you use the Services to make sure that you understand the applicable terms. If you do not agree to all the terms and conditions in this Agreement, you must immediately terminate your use of the Services and Materials.

9.3. Waiver

If we do not enforce a breach of this Agreement by you, that does not mean that we have waived our right to enforce this Agreement against you for any future breach by you.

9.4. Assignment

You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Elefend may assign this Agreement without consent. There are no third-party beneficiaries to this Agreement, other than as explicitly provided herein.

9.5. Language; Services Provided from United States

These Terms of Service are written in English (US), although we may provide translated versions at our discretion. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

9.6. Governing Law; Venue; Jurisdiction

THE LAWS OF THE STATE OF ISRAEL, WILL GOVERN THIS AGREEMENT AND ANY DISPUTE THAT MIGHT ARISE BETWEEN ELEFEND AND YOU.

YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTIONS TO PERSONAL JURISDICTION AND VENUE IN THE STATE OF ISRAEL, FOR ALL DISPUTES THAT MAY BE BROUGHT IN COURT UNDER SECTION 8.