Surance

End User License Agreement and Terms of Use

Recently updated May 2020

 

 Welcome to Surance Ltd. (“Surance” or “us”).  This End User License Agreement and Terms of Use (“Terms”),  govern your relationship with Surance, and set forth the terms under which Surance makes available its website (“Site”), proprietary software (“Software”), its mobile application (“App”), and/or the services available through the Site, Software or App or otherwise offered by Surance, including in partnership with third parties, such as insurance companies and agencies (“Insurance Providers”), to each person (“User” or “you”) accessing or using the Site, Software or App, (collectively, “Services”).

We reserve the right to update and change these Terms from time to time, without specific notice or acceptance by you, so please check this page frequently for updates and changes. In the installation or download of the Software and/or the App you may be required to approve these Terms.

By using our Services in any manner, you agree to be bound by these Terms, and any and all other terms, policies or procedures, each as amended and published on the Site and/or the App from time to time. If you do not agree with any of the Terms of contained herein, do not access or use our Services. As long as you do not cease using our Services, you will be conclusively deemed to have accepted these Terms.

 

THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ THESE TERMS CAREFULLY. OUR PRIVACY NOTICE, WHICH CAN BE FOUND AT: HTTP://SURANCE.IO/PRIVACY-STATEMENT, IS AN INTEGRAL PART OF THESE TERMS. YOU MAY NOT USE THE SERVICES IF YOU DISAGREE WITH ANY OF THE PROVISIONS INCLUDED IN THE PRIVACY NOTICE.

 

  1. our services

Our Services provide a digital platform that offers monitoring, prevention and protection for household systems and networks. In connection with the provision of its Services, Surance also collaborates with cyber insurance services and provides other tools, products and services.

  1. Registration

    1. In order to access certain features of the Site or the App, such as installation or download of the Software and/or the App, you must first register and create an account. Upon registering for an account, you will receive an account designation and will be asked to provide a valid email address and choose a password.

    2. You must keep your account credentials is strict confidence. You may not share your account credentials with any other person or third party. You further agree not to use the credentials of any other person or User, and not to allow any other person to use your credentials, without our prior approval in writing.

    3. Please notify us immediately if you suspect any unauthorized use of, or access to, your account. You are solely responsible for any and all use of your account, including informs and obtain members of User's who get access to your household systems and networks, which may be processing and transfer of personal data.

    4. Users who installed the App and/or use the Services in conjunction with services provided by Insurance Providers, may be subject to additional terms, obligations and policies, as provided by the Insurance Providers. Surance does not determine or control the policies of third parties, including the Insurance Providers, and shall have no liability in connection with such policies.  

  2. Cyber Attacks, Malware and other risks

    1. While we do our best to ensure that the Software and Services will detect and address cyber threats, we cannot and do not guarantee that the Software and Services will be able to prevent, stop, mitigate or detect all cyber-attacks, threats and malware. You shall have no claim towards Surance in connection with failure to prevent, stop, mitigate or detect all cyber-attacks, threats and malware.

    2. In addition, you should be aware that using the Site, App, Services and Software may be associated with other risks, inherent to the use of such software components and programs in connection with the Home Networks, including risks related to additional traffic, network conjunction, use of bandwidth, etc.

    3. Please note that Surance and the Insurance Providers operate as separate entities, each providing its services and products to users. Surance does not provide any services related to insurance policies, and is not liable for any actions or defaults by Insurance Providers or damages associated with such actions/defaults.       

  3. License

    1. Subject to your acceptance of and full compliance with these Terms, Surance hereby grants you one (1) non-exclusive, non-assignable, non-transferable, revocable, limited, fee-bearing license to install, access and use the Software for your personal, non-commercial use only.

    2. In order to make any commercial use of the Services you shall be required to purchase a subscription plan, as set forth (i) in our Site or such other location as Surance may designate from time to time; or (ii) in a written agreement or quote between you and Surance.

    3. The Software is licensed to you under the terms herein. You hereby acknowledge that the Software and its accompanying documentation are the exclusive property of Surance and that title to the above shall at all times remain with Surance. You further acknowledge that you have no rights in the Software except those expressly authorized by these Terms.

    4. You may not use the Software in whole or in part for any purpose except as expressly provided under these Terms. Any unauthorized use of the Site, Software or the App without Surance's  prior written consent, is expressly prohibited.

  4. User Guidelines

    1. In connection with your use of any of the Services, and without limiting any of the other obligations under these Terms or applicable law, you agree as follows:

      1. Not to upload, post, distribute, communicate, transmit or otherwise make available any content that comprises or includes any disrupt discussions with repetitive messages or any other forms of commercial or harassing communications, or  that comprises or includes any malware, including worms or viruses or any code of a destructive nature.

      2. Not to interfere with or disrupt the Services or servers or networks connected to the Site, App or the Services, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site, Software, App and/or the Services in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services.

      3. Surance, in order to provide you the Services through the Site and the App may monitor, collect and process data, as a renewable activity, from all your networked devices such as: TV systems, any kind of computer's, Phones, Smart speaker, refrigerator, etc. Therefore, any Users which use your networked devices or connecting your network should be aware by your liability to the data disclosure process.

    2. You hereby further agree not to: (i) disrupt, disable, overburden, impair, attack, check or test the vulnerability of, or otherwise interfere with, the Software or the Services, (ii) breach or cause the failure of any of the security related means thereof; (iii) attempt to decompile, disassemble, re-engineer or reverse engineer any of the Software or otherwise create or attempt to create or permit, allow, or assist others to extract source code of the Software, or its structural framework; (iv) resell, transfer, sublicense, pledge, lease, rent, or share your rights under these Terms; (v) modify, enhance, update, reproduce, duplicate or copy all or any part of the Software.

  5. Intellectual Property

    1. Certain content and information provided on and through the Site, Software, App and Services, including, without limitation, the Surance logo, trademark, graphics, design, information, text, images, data, software, code, algorithms, and other material displayed, available, present on or underlying the Site, App or Services (collectively, “Surance Content”) are the copyrighted, patented, trademarked and/or otherwise protected and proprietary work of Surance solely, and may not be used without express written permission from us.

    2. Surance retains all rights, including any intellectual property rights in the Surance Content. You may not duplicate, copy, or reuse any portion of the Surance Content, without express written permission from the Company.

  6. Warranty Disclaimers

USER ACKNOWLEDGES AND AGREES THAT THE SITE, SOFTWARE, APP, THE SERVICES AND ANY OF THEIR CONTENT, ARE PROVIDED “AS IS”, “AS AVAILABLE,” AND “WITH ALL FAULTS,” ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. SURANCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SITE, APP, SERVICES (AND THEIR CONTENT, INFORMATION, SOFTWARE), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. SURANCE DOES NOT GUARANTEE OR WARRANT THAT THE SITE, SOFTWARE, APP, AND SERVICES ARE ABLE TO BLOCK OR PREVENT ALL CYBER ATTACKS. PLEASE NOTE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. Limitations on Liability and Remedies

SURANCE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SURANCE or any claim in connection with the services (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE, SOFTWARE, APP AND SERVICES) IS TO DISCONTINUE YOUR USE OF THE SITE, SOFTWARE, APP AND THE services. SURANCE AND ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF or reliance upon THE SITE, APP AND/OR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SURANCE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SURANCE LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN CASE YOU HAVE ENGAGED WITH AN INSURANCE PROVIDER FOR THE PROVISION OF INSURANCE SERVICES IN CONNECTION WITH SURANCE'S SOFTWARE AND SERVICES, PLEASE NOTE THAT SURANCE WILL NOT BE LIABLE IN ANY WAY FOR ANY WARRANTIES OR OBLIGATIONS IMPOSED ON THE INSURANCE PROVIDER UNDER YOU AGREEMENT WITH THE INSURANCE PROVIDER, AND SURANCE SHALL NOT BE REQUIRED TO PERFORM ANY OF THE INSURANCE PROVIDER'S RESPONSIBILITIES UNDER SUCH AGREEMENT.

USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, SURANCE WOULD NOT BE ABLE TO OFFER THE SITE, SOFTWARE, APP OR THE SERVICES.

  1. Miscellaneous

    1. Beta. You understand and acknowledge that the App and Services are currently in their testing stage, and are made available as a “Public Beta” version. This means that we have not yet completed development of Services and that not all features are completely functional or available.

    2. Entire Agreement. These Terms comprises the entire agreement between you and Surance relating to the Site, App and/or Services. We may change the terms of these Terms at any time, so please review this page regularly.

    3. Provision of Services. Surance reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User’s access thereto, and to modify, suspend or delete the Site, App or any part thereof.

    4. No Guarantee. Surance does not guarantee continuous, uninterrupted access to the Site or the App, and operation of the Site, App and/or Services may be interfered with by numerous factors outside the Surance control.

    5. Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.

    6. No Agency. You and Surance are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

    7. Assignment. User may not assign this agreement. Surance may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or reorganization of Surance.

    8. Choice of Law. The Site, Software, App, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel Aviv, Israel.

    9. Users may give notices to us by email to support@surance.io