TERMS & CONDITIONS    

1.     WELCOME

Welcome to the SafeMode platform (the "Platform") provided to you by SafeMode Ltd., which will be referred to herein as either “SafeMode”, “Driverz” “we”, “us” or “our”). The Platform and any related services, modules, functions, software or features (collectively, the “Services”) were created by us in order to provide you with a mobile platform for blocking certain content from cellular devices during driving. These Terms & Conditions (the “Terms”) constitute a set of rules by which we operate such Services.

By using or accessing the Services, you acknowledge that you agree to the Terms, are subject to them and to our Privacy Policy: https://www.safemode.co/privacy-policy-en. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT ACCESS THE PLATFORM AND DO NOT USE THE SERVICES. Please read through all the Terms carefully as they constitute a legally binding agreement between you and us. Please note that we reserve the right, at our sole discretion, to revise, modify, change or remove portions or all of these Terms at any time. The date when these Terms were last updated is indicated at the end of the Terms.

 

2. REGISTRATION AND ACCESS

In order to access the Services, whether as an organizer or a driver, you must first subscribe to use them by providing complete information requested and setting up a username and password. The information provided can be updated at any time by accessing your account. 

Organizers may grant account access to additional drivers in their organization. Upon signing into their account and using the Service, all users shall become subject to these Terms and to our Privacy Policy and each such account user will be responsible for the activity that occurs through his account. 

We urge all users to keep their account password secure and to always log-off from the Services when unnecessary. We strongly recommend notifying us immediately of unauthorized use of an account or of any related security breach by writing to us at Support@safemode.co

Make sure you turn on the Service prior to the trip and do not touch your mobile phone while driving. ALWAYS DRIVE CAREFULLY ACCORDING TO THE ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. IT IS STRICTLY PROHINITTED TO TOUCH YOUR MOBILE PHONE WHILE DRIVING AND YOU MAY ONLY TOUCH YOUR MOBILE PHONE AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY THE LAW. 

3. SCOPE OF LICENSE

The Services and the underlying Platform are either the proprietary property of Safemode or the proprietary property of our licensors or licensees. By subscribing to the Services, SafeMode grants you a personal, revocable, non-assignable, and non-exclusive license to use the Services for the term of the subscription (unless terminated earlier) in accordance with these Terms.

You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services).

You may not use the Services for any illegal purpose, or in violation of any applicable law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy. You may not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights.

You may not attempt to gain unauthorized access to the Services, or any part of them, other accounts, computer systems or networks connected to the Services through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted via the Services by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

“Driverz” “SafeMode” and other trademarks, slogans, service marks and trade names which appear via the Service are proprietary to SafeMode. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by SafeMode. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder.

 

4. ACCOUNT CONTENT

All users expressly agree that their use of the Services and their account will not: (i) be defamatory, libelous, abusive, or obscene, including, without limitation, include material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (ii) infringe on any proprietary right, right of privacy, or any applicable right of any third-party, and will only make use of information you own or have a right to use; or (iii) be otherwise inappropriate or unlawful.

5. THIRD PARTY ASSOCIATIONS

Users acknowledge that the Platform may include content which belongs to third parties which may be protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights. By using our Platform and/or Services, users undertake not to modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any content belonging to any third party - in whole or in part. 

6. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS, REMOVE CONTENT

SafeMode reserves the right to suspend or terminate any account at any time and for any or no reason at all, at our sole discretion. Accordingly, SafeMode reserves the right to remove any user content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.

7. FEEDBACK FROM YOU

While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of SafeMode, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, SafeMode may use or redistribute any such submission and its contents for any purpose and in any way it deems.

8. NO WARRANTY

YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE SITE AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICES AND RELIANCE ON THE SITE CONTENT IS DONE SOLELY AT YOUR OWN RISK. SAFEMODE DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE PLATFORM, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE SITE OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. LIABILITIES AND INDEMNITIES

Organizers and their participant drivers shall, jointly and severally,  indemnify and save harmless SafeMode and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by SafeMode and/or any of its Related Parties resulting from or arising out of any violation of these Terms whether by organizers or any of their drivers or arising and related to the organizers or their participant drivers use of the Services.

IN NO EVENT SHALL SAFEMODE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PLATFORM OR THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SAFEMODE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL SAFEMODE TOTAL LIABILITY TO YOU FOR ALL DAMAGES RELATED TO THE SUBJECT MATTER OF THESE TERMS EXCEED THE AMOUNT OF ONE DOLLAR ($1). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. CONFIDENTIALITY AND PRIVACY

You agree that we may collect and use data and related information, including but not limited to technical information about your use of the Services that is gathered periodically to facilitate the provision of software updates, product support and other features to you related to the Services. We may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. This, and any other information collected from you through your use of the Services, will be used and governed by our Privacy Policyhttps://www.safemode.co/privacy-policy-en

11. MISCELLANEOUS

(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements; (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose. (d) These Terms shall be governed by the laws of the State of Israel, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Tel Aviv, shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits a party's ability to seek equitable relief.

Version: November 2021