Vizible Zone's App - Terms of Use

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Last Revised: June 06, 2019

Vizible Zone Ltd., its subsidiaries and affiliates, (“Vizible Zone”, “Company”, “we” or “us”) welcome you to our “Vizible Zone” mobile application (the “App”). The App is designed to transfer mobile phones into accident prevention devices, and as such to provide a solution for saving people lives and reducing road traffic accidents, as further detailed below. Users of our App (“User” or “you”) may only use them in accordance with the terms and conditions hereunder.
Additionally, Vizible Zone maintains a website serving mainly as an informative marketing tool, available at: https://www.vizible.zone/. This website is governed by its applicable the Terms of Use available at: https://www.vizible.zone/legal.
1.    Acceptance of the Terms
By entering, connecting to, accessing, installing and/or downloading the App into your mobile device, or using the App, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at: https://www.vizible.zone/legal (the “Privacy Policy”) (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the App, and you acknowledge that these Terms constitute a binding and enforceable legal contract between Vizible Zone and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE APP IN ANY MANNER, DO NOT INSTALL THE APP AND/OR PROMPTLY UNINSTALL THE APP FROM YOUR MOBILE DEVICE.
The App is available only to individuals who (a) are at least sixteen (16) years old; (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the App in accordance with these Terms, and to fully perform your obligations hereunder.
2.    The App and the Services
The App serves as a pedestrian detector, offers a service which maps out in real-time the location, routes and speed of vehicles (drivers) and pedestrians, and is designed to transfer mobile phones into accident prevention devices and as such improve the safety of pedestrians and drivers.
In order to use the Service, you will be required to download the App from your necessary mobile application marketplace and will be asked to register to the App whilst providing you mobile telephone number. Upon registration you will be required to choose whether you would like to use the App as a driver (for example, if you were to use the App whilst driving a car, van, bus, truck, airplane or crane), (the "Driver") or as a pedestrian (for example, if you were to use the App during a walk, run or cycle) (the "Pedestrian"). At any point you can change this setting within the App's setting, for example you can use the Driver setting whilst driving and the Pedestrian setting whilst running.
In order to use our Service, you will be required to give us access to your location. Upon downloading the App and registering you mobile telephone you will receive request a location access request; you may choose whether to grant the App with an ongoing access to your location, or a limited access, enabling us to track your location and as such provide the Service only whilst your location is enabled in the general settings of your mobile telephone. We recommend you to grant us with an ongoing access to your location so that we can provide you with the Service at all times. If you decide to grant us with a limited access, please ensure to activate the location mode on your mobile telephone at any point in which you wish to use our Service. IMPORTANT: THE SERVICE IS LOCATION BASED AND AS SUCH WILL BE AVAILABLE ONLY TO USERS WHICH HAVE GRANTED US WITH ACCESS TO THEIR LOCATION, therefor we will be unable to provide the services to users which have not granted us with access to their mobile telephone's location.
The App will send alerts to the Drivers when Pedestrians which are using the App are in their proximity even when they are located out of the dangerously approaching vehicle driver’s field of view (the “Information”). The detector is designed to operate under all adverse weather and visibility (day and night) conditions. Vizible Zone shall not be responsible or liable, directly or indirectly, for any damage or loss, cost or expense incurred to you or any other person as a result of or in connection with the use of the App, Service and any in inaccuracy in the Information.
The App may include any other content related thereto such as contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the App (collectively, the “Content”).
The App may include the sending of push-notifications, messages, emails, alerts via various means of communication. You can deactivate certain push-notifications at any time by changing the notification settings on your device.
(Collectively: the “Service(s)”)
ALL RIGHTS IN AND TO THE CONTENT AND/OR APP ARE RESERVED TO VIZIBLE ZONE OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE APP, THE INFORMATION AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. VIZIBLE ZONE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE APP AND/OR THE INFORMATION AND/OR THE CONTENT AVAILABLE THEREIN.
YOUR USE OF THE APP AND/OR THE INFORMATION AND/OR THE CONTENT AVAILABLE THEREIN AND/OR THE INFORMATION IS ENTIRELY AT YOUR OWN RISK.
WE ARE NOT, AND WILL NOT BE RESPONSIBLE FOR ANY ACCIDENTS WHICH MAY OCCUR WHILST USING THE APP. THE APP AND SERVICE SERVE AS A TOOL TO ASSIST IN THE PREVENTION OF ACCIDENTS, AND DO NOT REPLACE THE DRIVER'S AND PEDESTRAINS'S RESPONSIBILITY AND DUTY TO ACT AT ALL TIMES IN A MINDFUL AND CAUTIOUS MANNER.
VIZIBLE ZONE DOES NOT, EITHER EXPRESSLY OR IMPLICITLY IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY DAMAGES INCURRED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES OCCURRED DURING AN ACCIDENT, AS A RESULT, OR IN CONNECTION WITH, THE USE OF THE SERVICE OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE USE OF THE SERVICE. WE DO NOT GUARANTEE THAT ANY OF THE USERS' NEEDS WILL BE FULFILLED.
Note: Use of our App is currently free of charge. However, we reserve the right to charge fees for certain features or services available via our App in the future. You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the App, according with the applicable rates charged by your respective third party internet and data usage service provider as may be from time to time.
3.    Use Restrictions
There are certain conducts, which are strictly prohibited when using the App. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result in the termination of your use of the Service and may also expose you to civil and/or criminal liability.
You may not (and you may not permit any third party to), unless otherwise explicitly permitted under these Terms: (a) use the App and/or Service and/or the Content and/or the Information for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the App and/or Service and/or Content and/or the Information for non-personal or commercial purposes without Vizible Zone's express prior written consent; (c) remove or disassociate, from the Content and/or the App any restrictions and signs indicating proprietary rights of Vizible Zone and/or its licensors and/or affiliates, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®), and you represent and warrant that you will abide by all applicable laws in this respect; (d) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of App or the servers or networks that host the App, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site or app, your business or any statement you make, or present false or inaccurate information about the Service; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the App; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made available by Vizible Zone on or through the App, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Vizible Zone's proprietary rights, including Vizible Zone's Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms under any applicable laws which expressly permits such actions; (k) make any use of the Content on any other app and/or networked computer environment for any purpose without Vizible Zone’s prior written consent; (l) create a browser or border environment around Vizible Zone Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the App and/or Content; (n) frame or mirror any part of the App without Vizible Zone's prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the App; (p) transmit or otherwise make available in connection with the App any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Service for any purpose for which the Service is not intended; or (r) infringe and/or violate any of the Terms.
4.    Registration and User Account
In order to use the App, you must download the App from the necessary mobile application marketplace. In order to use the App, you must create an account and link your mobile telephone to the Services you are required to registered to the App and provide us with your mobile telephone number, and as further detailed in our Privacy Policy. You may not have more than one (1) active Account.
If you wish to cancel and remove your Account, please contact us at: info@vizible.zone. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account (see further details in the Privacy Policy).
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
5.    Privacy Policy
We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the App. Our policy and practices and the type of information collected are described in detail in our Privacy Policy at https://www.vizible.zone/legal, which is incorporated herein by reference. If you intend to connect to, access or use the Service you must first read and, where applicable, agree to the Privacy Policy.
6.    License
Subject to the terms hereof, Vizible Zone hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license (i) to download and use the App on your authorized mobile phone solely for the limited purpose of using the App for your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (as defined below) and applicable law; and (ii) to use the Service and the Content provided in the App in accordance with these Terms.
The Terms do not convey to you an interest in or to Vizible Zone's Intellectual Property (defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Vizible Zone’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Vizible Zone regarding the App (“Feedback”), Vizible Zone shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Vizible Zone current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential.
7.    Intellectual Property Rights
The App and the Content and the Company's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
8.    Trademarks and Trade names
Vizible Zone’s marks and logos and all other proprietary identifiers used by the Company and/or its third party affiliates in connection with the Service (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos, which may appear on the Service, belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks are granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or Third Party Marks and therefore you will avoid using any of those marks.
9.    Usage Rules
Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider's Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider's representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider's Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
Apple Inc.
The following applies to you if you downloaded the App from the Apple App Store (“Licensed Application“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and the Company, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple's Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to the Company as provider of the App.
The Company and you acknowledge that the Company, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
You hereby 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.
You acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use thereof infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
10.    Special provisions relating to Third Party Components
The App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the App and Vizible Zone disclaims all liability related thereto. You acknowledge that Vizible Zone is not the author, owner or licensor of any Third Party Components, and that Vizible Zone makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.
Google Maps and OpenStreetMap API.
The App makes use of the Google Maps and OpenStreetMap API. By using the Service via the App, you are bound by Google Maps API's privacy policy (available at: http://www.google.com/policies/privacy/) and terms of use (available at: http://www.google.com/intl/en/help/terms_maps.html), as well as by the OpenStreetMap privacy policy (available at: https://wiki.osmfoundation.org/wiki/Privacy_Policy) and terms of use (available at: https://wiki.osmfoundation.org/wiki/Terms_of_Use).
11.    Availability
The Services' availability and functionality depends on various factors. Vizible Zone does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
12.    Changes to the App
Vizible Zone reserves the right to modify, correct, amend, enhance, improve, make any other changes to the App (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under the App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Vizible Zone shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App or the Content included therein. You hereby agree that the Vizible Zone is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
If Vizible Zone supplies to you any updates, upgrades and any new versions of the App (“Updates”) according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates.
13.    Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL VIZIBLE ZONE, INCLUDING VIZIBLE ZONE'S REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION DAMAES OCCURING DURING AND/OR DUE TO CAR ACCIDENTES, RESULTING FROM OR ARISING OUT OF YOUR USE OR INABILITY TO USE THE APP AND/OR THE CONTENT AND/OR INFORMATION, REGARDLESS OF WHETHER VIZIBLE ZONE OR VIZIBLE ZONE'S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, VIZIBLE ZONE'S AND VIZIBLE ZONE'S REPRESENTATIVES' TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP AND/OR THE CONTENT AND/OR INFORMATION AND/OR INSTRUCTIONS SHALL BE LIMITED TO $US1.00. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
14.    Indemnification
You agree to defend, indemnify and hold harmless Vizible Zone, including Vizible Zone Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
15.    Amendments to the Terms
Vizible Zone may, at its sole discretion, change these Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the App and to the extent you have provided us with your email address, will send you an e-mail regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our App or sent via e-mail, whichever is the earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” and your continued use of the App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
16.    Termination of these Terms
Upon your breach of these Terms Vizible Zone may discontinue your use of the App.
You agree and acknowledge that Vizible Zone does not assume any responsibility with respect to, or in connection with the termination of the App's operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive.
Without limiting the generality of the foregoing, we may terminate or suspend your Account if we believe in our sole discretion that any of the following events occurred: (a) there is risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of Vizible Zone, its users or the public; and/or (d) we are required to by law. We may provide you a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.
17.    Export Control Laws
The App may be subject to export control laws of the State of Israel and/or may be subject to additional export control laws applicable to the User or in the User's jurisdiction, including, without limitation, the United States. The User agrees that he/she will not ship, transfer, or export the App into any country, or make available or use the App in any manner, prohibited by applicable laws.
In addition, the User represents and warrant that (i) he/she is 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) that the User is not listed on any U.S. Government list of prohibited or restricted parties.
18.    Minors
To use the Service you must be over the age of sixteen (16). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of sixteen (16) are not using the Service. In the event that it comes to our knowledge that a person under the age of sixteen (16) is using the Service, we will prohibit and block such User from accessing the Service and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.
19.    General
(a) unless otherwise agreed in writing, any claim relating to the Service or the Content contained therein will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied. any dispute arising out of or related to the Service will be brought in, and you hereby consent to exclusive jurisdiction of Tel Aviv-Jafo. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Vizible Zone may seek injunctive relief in any court of competent jurisdiction, (b) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (c) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (d) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (e) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (f) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (g) no amendment hereof will be binding unless in writing and signed by Vizible Zone, and (h) the parties agree that all correspondence relating to these Terms shall be written in the English language.
20.    For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail and we will make an effort to reply within a reasonable timeframe: ‍

Vizible Zone's App - Privacy Policy

Last Revised: June 06, 2019

Vizible Zone Ltd. its subsidiaries and affiliates, (“Vizible Zone” or “we”) respects the privacy of its App's users and is committed to protect its users’ information ("User” or “you”). We believe that you have a right to know our practices regarding the information we may collect and use when you use our "Vizible Zone" mobile application (the “App”). Please read the following carefully to understand Vizible Zone’s views and practices regarding your personal information and how Vizible Zone will treat it.
This Privacy Policy (the “Privacy Policy”) details how your Personal Information is used and processed by Vizible Zone whether you are a driver (“Driver”) or pedestrian (“Pedestrian”).
Additionally, Vizible Zone maintains a website serving mainly as an informative marketing tool, available at: https://www.vizible.zone/. This website is governed by its applicable the Privacy Policy available at: https://www.vizible.zone/legal.
Table of Content
1    Who we are
2    Your acknowledgment of this policy (important, please read!)
3    Which information may we collect about Users?
4    How do we collect information about our Users?
5    What are the purposes of the collection and processing of information?
6    Sharing Personal Information with Third Parties
7    Your Rights
8    Location of Your
9    Minors
10    Third Party Service Providers
11    Links to Third Party
12    Security
13    Data retention
14    Changes to the
15    Have any Questions?
1.    Who we are
In this policy, references to Vizible Zone, or to "we" or "us" are to Vizible Zone Ltd., which is a registered company in the state of Israel (No. 515959716) with principal offices at Derech Hevron 24 St., Jerusalem Israel. Individuals wishing to contact us about data protection issues may do so by writing to us at the above address or by emailing us at info@vizible.zone.
2.    Your acknowledgment of this policy (important, please read!)
BY ACCESSING AND/OR USING THE APP, YOU ACKNOWLEDGE THAT YOU ARE OR HAVE HAD THE OPPORTUNITY TO BECOME AWARE OF AND AGREE (IN JURISDICTION WHERE SUCH CONSENT IS REQUIRED) TO THIS PRIVACY POLICY AND VIZIBLE ZONE’S PRACTICES DESCRIBED THEREIN, INCLUDING TO THE COLLECTION, USING, PROCESSING, DISCLOSING, RETAINING OR DISPOSING OF YOUR PERSONAL INFORMATION (AS DEFINED BELOW). IF YOU DO NOT AGREE TO ANY TERM PROVIDED HEREIN, PLEASE CEASE ANY ACCESS OR USE OF THE APP.
3.    Which information may we collect about Users?
We may collect from Users of our App, two types of data and information:
3.1.    Non-personal Information. The first type is non-identifiable and anonymous information. To put it simply, we have no idea what is the identity of the User from which we have collected the Non-personal Information, unless it is cross-referenced with Personal Information. Non-personal Information, which is being gathered, consists of technical information and behavioral information that does not pertain to a specific individual. For example, technical information may include information such as the type and version of your device and its operating system, screen resolution, keyboard language, Wi-Fi connectivity, the type and name of your mobile device, orientation of your mobile device, the brightness of your mobile device's screen etc. Behavioral information may include the User’s click-stream on the App, the activities of the User on the App and additional information of a similar nature (collectively, “Technical and Behavioral Information”).    
3.2.    Personal Information. The other type of information we may collect is individually identifiable information. To put it simply, this information may identify an individual or is of a private and/or sensitive nature, such your location history (“Personal Information”). Personal Information includes:
3.2.1.    Personal Information which is provided voluntary:
•    Activating the App: During the App's activation process, you will be required to provide us with your mobile telephone number in order to register to the App via your mobile device. Additionally, you will be required to register as a Driver or as a Pedestrian, however you may change this setting within the App (as further detailed in the Terms of Use).  
•    Communications with Vizible Zone: information you provide in any communications with Vizible Zone, including any correspondence relating to this Privacy Policy.
3.2.2.    Personal Information collected through use of the App:
•    We collect technical and behavioral information through your use of the App, including:
o    Technical and Behavioral Information: to the extent that the Technical and Behavioral Information detailed under section 3.1 above will be linked to or associated with a specific individual then such information will be considered as Personal Information; and
o    Identifiers: such as Internet Protocol (IP) address, Cell MAC, IMEI, Unique Device Identifier (UDID), or other unique identifiers.
o    Geolocation: we will access, collect, process, monitor and/or remotely store "geolocation data", including GPS coordinates and other similar information to determine the User's (Driver or Pedestrian's) location and historic journey information via the App. Such information will enable us to establish your route and distance covered, pace, timing and duration of the journey.
•    Please note: We may collect the abovementioned information, as long as the App is installed on your mobile device and as long that the App recognizes that you are in transit (whether as a Driver or as a Pedestrian). We collect such information in this manner in order to achieve the purposes set forth in this Policy. [If you wish us to temporarily stop the collection of data, as detailed herein, you may do so by logging-out from the App or deleting the App from your device.
•    We may cross-reference Personal Information with other Personal Information we have about you and any Non-personal Information connected or linked to or associated with any Personal Information shall be deemed as Personal Information as long as such connection, linkage or association exists.  
4.    How do we collect information about our Users?
There are four main methods we use to collect information:
4.1.    We collect information through your entry, connection, access and/or use of the App. In other words, when you access or use the App we are aware of your usage of the App, and may gather, collect and record the information relating to such usage. For example, when you use the App, we will gather your location data and parameters relating to your driving or walking behavior, distance covered, pace, timing and duration and such information is transmitted to us.
4.2.    We collect information which you provide us voluntarily. For example, we collect the information you may provide us within a correspondence relating to this Privacy Policy. We will inform you prior to collecting your Personal Information if it is requested on a voluntary basis and the consequences of not providing voluntary Personal Information.
We may gather, collect and store such information either independently or through the help of our authorized third-party service providers as detailed below.
5.    What are the purposes of the collection and processing of information?
5.1.    Non-personal Information is processed in order to:  
•    Enhance the User’s experience on the App;
•    Create statistical information and learn about the preferences of Users and general trends on the App (e.g. understand which features are more popular than others);
•    Keep the App safe and secured and for prevention of fraud; and
•    Improve, develop and upgrade the App and our services.
5.2.    Personal Information is processed in order to:  
•    Register your App Account;
•    Verify the User's identity when he/she signs in to the App;
•    Enable the operation of the App;
•    Respond to your inquiry relating to this Privacy Policy or the Terms of Use;
•    Ensure that content on the App are presented in an optimal way for you and for your device (e.g. tablet, mobile phone);
•    Conduct internal operations, including troubleshooting, data analysis, testing, research and statistical purposes;
•    Keep the App safe and secured and for prevention of fraud and crime;
•    Maintain our data processing records; and
•    Comply with our legal obligations and in order to be able to protect our rights and legitimate interests, including in order to improve the App.
Note to our Users in the EU:
In order for Vizible Zone to process your Personal Information, as detailed herein, such processing must be justified by a "basis" for processing. Please note that the processing may be justified on the basis that:
•    the processing is based on your consent - where you provided us with consent to a specific type of data processing purpose, you will be asked to consent to such activities before we can process such information. If you choose not to give us your consent for such processing activities, or if you decide later to remove your consent, this may affect our ability to provide you with the services available on our App;
•    the processing is necessary for the performance of a contract or in order to take steps prior to entering into a contract - usually your Personal Information will be provided to us because you are interested in using the Vizible Zone App in order to use our services. As such, we rely on this basis for processing activities that are required in order to enable you to use the App and to let you know of changes to our App's terms of use and privacy policy;
•     the processing is in our legitimate commercial interests, subject to your interests and fundamental rights, under our legitimate interest in marketing our services via the App and offering the public comfortable and safe access to our App, we shall perform the Personal Information processing activities described herein, such as the processing of your Personal Information in order to personalize the App, assisting us to prevent crime and fraud, manage our internal operations, maintaining records and email tracking. Where we rely on legitimate interests as a lawful basis, we will carry out a balancing test to ensure that your interests, rights and freedoms do not override our legitimate interests.
Note to non-EU Users:
BY ENTERING, CONNECTING TO, ACCESSING OR USING THE APP, YOU CONSENT TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION AS SPECIFIED HEREIN.
6.    Sharing Personal Information with Third Parties
6.1.    Vizible Zone respects your privacy and will not disclose, share, rent, or sell your Personal Information to any third party, other than as permitted under this Privacy Policy.
6.2.    In addition to using the information collected by us for the purposes described under Section 5 above, we may also share your information in the following cases:
•    Vizible Zone Personnel: Personal Information that we collect and process may be transferred to or accessed by personnel of Vizible Zone for the sole purpose of enabling the operation of the App. Please note that all Vizible Zone personnel that will have access to your Personal Information are under an obligation of strict confidentiality with respect to such Personal Information.  
•    Service Providers: we may share Personal Information with vendors, commercial software providers, consultants and data processers who perform services on our behalf, including without limitation, companies that provide analysis, messaging services and services which host the App. For more information regarding our Service Providers, please refer to Section 10 below.
•    In addition, we may share Personal Information in the following cases: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce this Privacy Policy or any other agreement or terms of service between you and Vizible Zone and to defend against any claims or demands asserted against us by you or on your behalf; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to protect the rights, property, or personal safety of Vizible Zone, its Users or the general public; (e) when Vizible Zone is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of the assets of Vizible Zone (while such acquired company or investor may be located in countries outside of your jurisdiction); and (g) pursuant to your explicit approval prior to the disclosure.
6.3.    For avoidance of doubt, Vizible Zone may transfer and disclose Non-personal Information to third parties at its discretion, including without limitation for statistical, analytical and research purposes and for customization, developing and improvement of our App.
7.    Your Rights
Vizible Zone acknowledges you have the right to access and change the Personal Information we collect and process. If you wish to access or to correct, amend, or delete Personal Information, please send us an email to: info@vizible.zone and we will respond within a reasonable timeframe, but in any event no later than permitted by applicable law.
Important: Uninstalling the App will not necessarily delete your Personal Information that is stored on our servers. If you wish to delete all Personal Information that we have collected about you please send a deletion request to info@vizible.zone and we will delete it within a reasonable timeframe. Note that we may be required by local laws and regulations to retain certain Personal Information for a longer period.
Aggregate and/or anonymous information derived from your Account and/or use of the App may remain on Vizible Zone servers indefinitely.    
Note to our Users in the EU:
We hereby inform you of the following rights (by virtue of EU law) with respect to the processing of your Personal Information:
•    Right to access: you may have the right to request a review of your Personal Information held by Vizible Zone. We may refuse to comply with your access request if the request is manifestly unfounded, excessive or repetitive in nature.
•    Right to rectification: if the Personal Information processed by Vizible Zone is incorrect, incomplete or not processed in compliance with applicable law or this Privacy Policy, you may have the right to have your Personal Information rectified.
•    Right to erasure: under certain conditions, you may be entitled to require that Vizible Zone will delete or "block" your Personal Information (e.g. if the continued processing of a specific data is not justified).
•    Right to Portability: you may have the right to transfer your Personal Information between data controllers (i.e. to transfer your Personal Information to another entity). The right to data portability only applies where your Personal Information is processed by us with your consent or for the performance of a contract and when processing is carried out by automated means.
•    Right to object to or withdraw consent: where the lawful basis for processing your Personal Information is either "public interest" or "legitimate interests", those lawful bases are not absolute, and you may have a right to object to such processing. Where you object on grounds of legitimate interest, we shall no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims. If the processing of your Personal Information is based on your consent, you have the right to withdraw your consent to such processing at any time.
•    The right to restrict processing: under certain circumstances, you may have the right to object to the processing of your Personal Information due to your particular situation.
•    Right to lodge a complaint: you have the right to lodge a complaint before the relevant data protection authority or supervisory authority of your jurisdiction.
To exercise these rights, where applicable, please contact us by sending an email to: info@vizible.zone.
8.    Location of Your Personal Information
The information collected from you by Vizible Zone, as detailed in this Privacy Policy, may be transferred to, and stored at, servers which may be located in countries outside of your jurisdiction and in a country that is not considered to offer an adequate level of protection under your local laws. It may also be processed by Vizible Zone and its suppliers, service providers or partners' staff operating outside your country.
Vizible Zone is committed to protecting your Personal Information and will take appropriate steps to ensure that your Personal Information is processed and stored securely and in accordance with applicable privacy laws, as detailed in this Privacy Policy. Such steps include putting in place data transfer agreements or ensuring our third-party service providers comply with Vizible Zone's data transfer protection measures.
Note to our Users in the EU:
If you are located in the EU, you have a right to request further information regarding the data transfer mechanisms used by us with respect to data transfers to third countries.
In order to keep your Personal Information safe, we apply strict safeguards when transferring it outside of the EEA, which may include the following:
•    Transferring your personal information to countries approved by the European Commission as having adequate data protection laws, such as Israel;
•    Entering into standard contracts that have been approved by the European Commission and which provide an adequate level of high quality protection, with the recipients of your Personal Information;
•    Transferring your Personal Information to organizations that are Privacy Shield Scheme certified, as approved by the European Commission.
BY SUBMITTING YOUR PERSONAL INFORMATION THROUGH THE APP, YOU ACKNOWLEDGE, AND AGREE TO, IN JURISDICTION WHERE SUCH CONSENT IS REQUIRED, SUCH TRANSFER, STORING AND/OR PROCESSING OF PERSONAL INFORMATION.
9.    Minors
The App are intended for Users over the age of sixteen (16). Therefore, Vizible Zone does not intend and does not knowingly collect directly Personal Information from children under the age of sixteen (16) and does not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of sixteen (16) are not using the App. If we learn that we collected Personal Information from minors under the age of sixteen (16) we will delete that information as quickly as possible. If you have reasons to suspect that Vizible Zone collected Personal Information from minors under the age of sixteen (16), please notify us at info@vizible.zone, and we will delete that information as quickly as possible.
10.    Third Party Service Providers
10.1.    While using the App we may be using third party service providers, who may collect, store and/or process your information, as detailed in this Privacy Policy.
10.2.    Note that we collect, hold and/or manage your Personal Information through Vizible Zone's authorized third party vendors of certain products or services (such as hosting cloud services) (including, as applicable, their affiliates) solely and limited to providing us with such requested services, and not for any other purposes.
10.3.    Such vendors may be located in a country that does not have the same data protection laws as your jurisdiction. For more information relating to the location of your Personal Information, please refer to Section 8 above.  
10.4.    Such third parties service providers include without limitation, the following categories of service provides:
•    Mobile app platforms. Our third parties service providers include Firebase and Fabric, which privacy policy may be found at: https://policies.google.com/privacy;
•    App performance measuring and monitoring. Our third parties service providers include Firebase Crashlytics, which privacy policy may be found at: https://policies.google.com/privacy, and New Relic, which privacy policy may be found at: https://newrelic.com/termsandconditions/privacy;
•    Hosting. Our third parties service providers include AWS, which privacy policy may be found at: https://aws.amazon.com/privacy/;
•    Mobile operating systems. Our third parties service providers include Android, which privacy policy may be found at: https://policies.google.com/privacy; and Apple, which privacy policy may be found at: https://www.apple.com/legal/privacy/en-ww/;
•    Maps. Our third parties service providers include Google Maps, which privacy policy may be found at: https://policies.google.com/privacy and OpenStreetMap, which privacy policy may be found at: https://www.vizible.zone/legal.
Please read such third party service providers' terms of use and privacy policies to understand their privacy practices.
11.    Security
11.1.    We take appropriate measures to maintain the security and integrity of our App and prevent unauthorized access to it or use thereof through generally accepted industry standard technologies and internal procedures.
11.2.    Your Personal Information is hosted on AWS servers which provide advanced strict security standards (both physical and logical).
11.3.    Some of the security measures that we employ include, without limitation: highly secure services design and implementation using state of the art encryption and architectures mechanisms, restriction of access to your Personal Information to individuals who need access to it in order to process it on Vizible Zone’s behalf and implementation of a secured permission management and auditing system using specific and proprietary firewall and network access filtering as well as security group mechanisms. .
Please note, however, that there are inherent risks in transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use will never occur.
11.4.    Vizible Zone will comply with applicable law in the event of any breach of the security, confidentiality, or integrity of your Personal Information and will inform you of such breach if required by applicable law.
11.5.    TO THE EXTENT THAT VIZIBLE ZONE IMPLEMENTED THE REQUIRED SECURITY MEASURES UNDER APPLICABLE LAW, VIZIBLE ZONE SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR FAILURE TO STORE OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION INCLUDED IN THE PERSONAL INFORMATION.    
12.    Data retention
Vizible Zone will retain the Personal Information for as long as we are comfortable that it is accurate and can be relied upon. Personal Information which is no longer required for the purpose for which is was initially collected will be deleted unless we have a valid justification to retain it which is permitted under applicable law, such as to resolve disputes or comply with our legal obligations, all subject to applicable privacy laws.
13.    Changes to the Privacy Policy
Vizible Zone reserves the right to change this Privacy Policy at any time, so please re-visit this page frequently to check for any changes. In case of any material change, we will make reasonable efforts to post a clear notice on the App or we will send you an e-mail regarding such changes to the e-mail address that you may have provided us with. Such material changes will take effect seven (7) days after such notice was provided on our App or sent to you via e-mail, whichever is the earlier. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” and your continued use of the App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
14.    Have any Questions?
If you have any questions (or comments) concerning this Privacy Policy, please send us an email to the following
address: info@vizible.zone and we will make an effort to reply within a reasonable timeframe.