Aloha Private Mode

 Terms Of Use  

Aloha Private Mode

 Terms Of Use  

​(Last Modified: February 10th, 2019)

Aloha Environment Ltd.  ("Aloha" or "we") welcomes you ("User" or "you") to our application (the "App" as further defined below). Users may use the App in accordance with the terms and conditions here-under.

1.      Acceptance of the Terms

By entering, connecting to, accessing or using the App, and/or by installing the App on your device and/or pressing the App's "ALOHA" button, you acknowledge that you have read and understood the following terms of use including the terms of our Privacy Policy available on the Aloha App (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 Aloha  and you. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE APP IN ANY MANNER, DO NOT INSTALL THE APP AND/OR PROMPTLY ERASE THE APP FROM YOUR DEVICE.

The App is available only to individuals who (a) are at least thirteen (13) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law, or have received the required consent from their legal guardian to enter into these Terms. If you are between the ages of 13 and 18, you represent that your legal guardian has reviewed and agreed to these Terms.

2.      The App 

NOTE: THE APP IS CURRENTLY IN ITS BETA VERSION AND IS UNDERGOING BETA TESTING. THEREFORE, THE APP MAY SUFFER DISRUPTIONS, MAY CONTAIN BUGS AND MAY NOT OPERATE AS DESIGNATED OR INTENDED. YOUR USE OF THE APP CONSTITUTES YOUR AGREEMENT TO PARTICIPATE IN THE APP BETA TESTING.

Aloha is a mobile application which offers a smart platform that enables the Users to mute all their mobile phone notification, including incoming calls and messages, and manage their missed calls while creating voice messages using the platform. In order to use the App you will be required to approve the "Do Not Disturb" request enabling Aloha to activate the "Aloha" mode, as further specified below. By pressing on the Aloha button you will activate the "Aloha" mode muting all notifications and incoming calls. The status bar of you mobile telephone will include an "Aloha" notification in order to remind you that the Aloha mode is currently activated. Upon activating the Aloha mode, you may create a voice message by pressing on the microphone button (the "Voice Message"). The App extracts information from your call log and your address book and transfers your contact list to the App. The App will automatically create a default private list consisting of contact you have frequently contacted, you will be able to edit this list via the App. By pressing the contacts button within the App, you will be able to delete contacts from the private list, and you may choose several contacts and add them to the default private list enabling them to call you when the "Aloha" mode is activated (in such case you will receive a quiet alert (vibration only) with respect to the incoming call). While the Aloha mode is activated, all incoming calls (apart from calls from contacts added to the private list) will be automatically transferred to a voice mail containing the Voice Message you recorded, if you did not record a Voice Message, the Aloha default voice message will be used informing callers that you are unavailable. The App will send you a notification containing the details of the missed calls (contact/telephone number, date and time), enabling you to listen to any voice messages received, and to reply to the missed calls by dialing back, sending a written message or an audio recording. The written messages will be sent via WhatsApp or via the text message platform available on your mobile phone, the audio recordings will be sent via a platform per your choice (email, WhatsApp, google drive, etc.). The Voice Messages, written messages and audio recordings shall be referred to collectively as the "User Data".

For the purpose of improving the App and the services provided to the Users hereunder, Aloha may collect and store anonymous, non-personal data derived from your use of the App, including without limitation, technical information, statistical information and aggregated information (collectively the "Data Derivatives"). The Data Derivatives shall be stored using the services of a third party service provider's cloud storage services.

The App provides you with additional resources such as contact information, text, logos, button icons, images, links, other specialized content, technical data, documentation, information, know-how, specifications, materials, procedures, designs, data, algorithms, source and object code, interface, GUI, interactive features related graphics, methods illustrations, drawings, animations, and other features available on or through the App collectively, the "Content").  

(Collectively, the "Services").

Please note that the App may only be available for certain operating systems. The User may only download and use the App on a device running a validly licensed copy of the operating system on which the App was designed to operate. To be able to access and/or use the App, or any portion thereof, User must legally obtain all the applicable or required facilities, utilities, software and equipment at his/her sole risk and expense.

Note: Use of the App may be subject to the payment of a subscription as specified on the Google Play or App Store platform. In addition, 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.

We will make reasonable efforts to make sure that the App will be available for use 24 hours a day and 365 days a year. However, Aloha will not be liable and/or responsible for the App's failure to be available for any reason whatsoever, including but not limited to Internet and network caused outages, outages during which the hardware and software cannot be accessed due to technical or other problems that are not under our control (e.g. force majeure, third party negligence). We note that if maintenance is required and the App will not be available because of this, we will attempt to inform our Users of this in advance if possible.

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE APP (OTHER THAN THE USER DATA), AND IN THE DATA DERIVATIVES, IS RESERVED TO ALOHA OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE APP AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN "AS IS" BASIS. WE MAY NOT SUCCEED IN PROVIDING THE SERVICES AND THE SERVICES MIGHT NOT BE ERROR FREE OR ENTIRELY ACCURATE. ALOHA 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 CONTENT AND/OR THE USER DATA.

YOU ARE AWARE THAT THE APP IS A PRE-RELEASE VERSION AND ITS INSTALLATION AND INTEGRATION MAY CAUSE VARIOUS ERRORS AND MALFUNCTIONS IN YOUR SYSTEMS. YOUR USE OF THE APP AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.

3.      User 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 expose a User to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf, unless otherwise explicitly permitted under these Terms: (a) use the App for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the App and/or Content for non-personal or commercial purposes without Aloha’s express prior written consent; (c) interfere with or violate third party intellectual property rights or 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 App and retrieve, index and/or data-mine information; (d) interfere with or disrupt the operation of the App or the servers or networks that host the App, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (e) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Aloha endorses you, your site, your business or any statement you make, or present false or inaccurate information about the App; (f) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (g) bypass any measures we may use to prevent or restrict access to the App; (h) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Aloha on or through the App or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (i) 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 Aloha's proprietary rights, including Aloha's Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms; (j) make any use of the Content on any site or networked computer environment for any purpose, or replicate or copy the Content without Aloha’s prior written consent; (k) create a browser or border environment around Aloha's Content (no frames or inline linking is allowed); (l) sell, license, or exploit for any commercial purposes any use of or access to the App and/or Content; (m) frame or mirror any part of the App without Aloha's prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the App; (o) 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; (p) remove or disassociate, from the Content and/or the App any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); and/or (q) infringe and/or violate any of the Terms.

4.      License

Subject to the terms hereof, Aloha hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license to (i) download and use the App on your authorized mobile telephone, device or tablet that you own or control solely for the limited purpose of your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms and applicable law; and (ii) to use the Content provided in the App in accordance with the terms contained in this Agreement.

The Terms do not convey to you an interest in or to Aloha's Intellectual Property (as defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of Aloha’s Intellectual Property under any law.

To the extent you provide any feedback, comments or suggestions to Aloha regarding the App ("Feedback"), Aloha shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of Aloha's 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 to be non-confidential.

Further, you warrant that your Feedback is not subject to any license terms that would purport to require Aloha to comply with any additional obligations with respect to any of Aloha's current or future products, technologies or services that incorporate any Feedback.

5.      Ownership and Copyrights

The App, the Content available therein, the Data Derivatives and any of Aloha's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, domain names, trade names, copyrightable materials and trade secrets, whether or not registered or capable of being registered (collectively, "Intellectual Property"), are owned by and/or licensed to Aloha and are protected by applicable copyright and other intellectual property laws and international conventions. All rights not expressly granted to you hereunder are reserved by Aloha and its licensors.

6.      User Data

It is hereby clarified that you are solely responsible for any data provided to us by you including any and all Voice Messages, written messages and audio recordings. We have no responsibility and/or liability in connection with the incompleteness and/or accuracy and/or content of the User Data or the result of Users' reliance on the User Data. These terms do not give us any right to the User Data, excluding the Data Derivatives, and except for the limited right which enables us to offer you the Services. Except as otherwise provided in these Terms, we will not use the User Data.

You agree that you will not link or upload to the App any data containing content which is unlawful for you to possess or connect or link in the country in which you are resident, or which it would be unlawful for Aloha to use or possess (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).

7.      Trademarks and Trade names

Aloha's marks and logos and all other proprietary identifiers used by Aloha in connection with the App ("Aloha Trademarks") are all trademarks and/or trade names of Aloha, whether or not registered.. All other trademarks, service marks, trade names and logos which may appear on the App belong to their respective owners ("Third Party Marks"). Aloha is not sponsored by, endorsed by or affiliated with the holders of these Third Party Marks trademarks. Our use of these Third Party Marks in no way indicates any relationship between Aloha and the holders of these trademarks. Rather, any such usage of Third Party Marks by Aloha is considered nominative fair use under trademark law. No right, license, or interest to Aloha Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

8.      Links to Third Party Sites

Certain links provided herein permit our Users to leave our App and enter non-Aloha sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of Aloha and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. Aloha reserves the right to terminate any link at any time. You further acknowledge and agree that Aloha shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information they are collecting.

9.      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 available at alohaprj@gmail.com which is incorporated herein by reference. You agree that Aloha may use the information that you provide or make available to Aloha in accordance with the Privacy Policy. If you intend to connect to, access or use the App you must first read and agree to the Privacy Policy.

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 Aloha disclaims all liability related thereto. You acknowledge that Aloha is not the author, owner or licensor of any Third Party Components, and that Aloha 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.

11.   Availability

The App's availability and functionality depend on various factors, such as communication networks, software, hardware and Aloha's services' providers and contractors. Aloha does not warrant or guarantee that the App will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

12.   Changes to the App

Aloha reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, 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 Aloha shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App and/or the Content included therein. You hereby agree that Aloha is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.

 If Aloha 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, you consent thereto 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. For clarity, Aloha has no obligation under these Terms to provide Updates.

13.   Amendments to the Terms

Aloha may, at its sole discretion, change the Terms from time to time, including the Privacy Policy or 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 in the App. Such material changes will take effect seven (7) days after such notice was provided on our App. 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. Please note that Aloha reserves the right to charge fees for the use of this App in the future.

14.   Disclaimer and Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP, THE CONTENT AND THIRD PARTY COMPONENTS ARE PROVIDED ON AN "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, AND ALOHA AND ITS VENDORS (INCLUDING THE APPLICABLE PLATFORM PROVIDERS), INCLUDING OUR AND SUCH VENDORS' OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS ("COVERED PARTIES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.

WE DO NOT WARRANT (I) THAT USE AND OPERATION OF THE APP IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE APP, (III) THAT THE APP WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, AND/OR (IV) MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APP AND/OR CONTENT AVAILABLE THERETO (INCLUDING THAT THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS). ALOHA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APP, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE APP, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THE APP. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUP COPIES OF THE USER DATA AT YOUR SOLE EXPENSE.

WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE, OR OTHER ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN ALOHA.

WE USE INDUSTRY STANDARD ADMINISTRATIVE, PHYSICAL AND TECHNICAL SAFEGUARDS TO PROTECT THE CONFIDENTIALITY, INTEGRITY, AND SECURITY OF YOUR MOBILE TELEPHONE AND USER DATA. NONETHELESS, NO SECURITY MEASURES ARE 100% EFFECTIVE, AND WE CANNOT GUARANTEE ABSOLUTE SECURITY AND THAT THE USER DATA, WILL NOT BE DAMAGED AND/OR WILL NOT BE LOST. ALOHA 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 YOUR MOBILE TELEPHONE AND/OR USER DATA.

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

THE DOWNLOAD AND USE OF THE APP OR SERVICES THROUGH OR IN CONNECTION WITH THE APP IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR LOSS OF DATA (INCLUDING THE USER DATA) THAT MAY RESULT THEREFROM.

YOU AGREE THAT USE OF THE APP AND/OR USER DATA AND/OR THE CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK. IT IS CLARIFIED THAT THE APP IS NOT BE ERROR FREE OR ENTIRELY ACCURATE AND THAT ALOHA SHALL NOT BE LIABLE TO ANY DAMAGE OR LOSS WHICH IS THE RESULT OF USER'S RELIANCE ON THE APP AND/OR CONTENT AND/OR USER DATA.

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.

15.   Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL ALOHA INCLUDING THE COVERED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, 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, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APP (INCLUDING ANY SERVICES MADE AVAILABLE THROUGH THE APP), YOUR USE OR INABILITY TO USE THE APP, THE USER DATA OR FAILURE OF THE APP TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT THE PERFORMANCE OR FAILURE OF ALOHA TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF ALOHA OR ANY OF THE COVERED PARTIES,  BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ANY OF THE COVERED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES, THIRD PARTY SITES AND/OR THIRD PARTY CONTENT, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, ALOHA, ITS VENDORS INCLUDING OUR AND SUCH VENDORS' OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS 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 SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO ALOHA FOR USE OF THE APP OR $US1.00, WHICHEVER IS GREATER. THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES. YOU HEREBY WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM THE COVERED PARTIES.

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.

16.   Indemnification

You agree to defend, indemnify and hold harmless Aloha, its vendors, including our and such vendors' officers, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers from and against all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your unauthorized use of the App 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 App; (iv) the User Data that you created while using the App; and (v) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Service. 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.

17.   Termination or Suspension of your Access to the App, Termination of these Terms and the Termination of the App's operation  

These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license and these Terms. In the event of your failure to comply herewith Aloha may immediately temporarily or permanently limit, suspend or terminate your access to the services of the App. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the App, you may terminate these Terms at any time by uninstalling our App, and this will be you sole remedy in such circumstances. If you wish to terminate our further access to your User Data or parts of it by please uninstall the App and contact us by sending an email to: alohaprj@gmail.com and we will respond within a reasonable timeframe. In such circumstance and upon termination of these Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) 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 forgoing, the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

Aloha may at any time, at its sole discretion, cease the operation of the App or any part thereof, temporarily or permanently, delete any information from the App or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving prior notice. You agree that Aloha does not assume any responsibility with respect to, or in connection with the termination of the App's operation and loss of any data, including User Data. In the event that Aloha ceases the operation of the App we will provide you a thirty (30) day notice prior to such date through the App.

We note that we can suspend your access to the App if we believe, in our sole discretion, that the one (or more) of the following events have occurred: (a) there is risk to the security or privacy of your Email Account and/or User Data; (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 Aloha, its users or the public; (d) you have violated these Terms; and/or (e) we are required to by law. We will provide you a notice in the event of any such suspension through the App. During such suspension, you will not have the ability to use or access the App. In the event that we will determine, in our sole discretion, that the reason for suspension of access to the App has been resolved, we will restore access to the App.

 

18.   General

(a) These Terms constitute the entire terms and conditions between you and Aloha relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Aloha, (b) any claim relating to the App or the use thereof 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, (c) any dispute arising out of or related to the App will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. 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, Aloha may seek injunctive relief in any court of competent jurisdiction, (d) 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, (e) 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, (f) 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, (g) 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, (h) 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, (i) no amendment hereof will be binding unless in writing and signed by Aloha, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language or the Hebrew language.

19.   Information, Support or Questions:

Aloha will make reasonable efforts to provide you with technical and product support for the App. For information, support or questions, please contact us at: alohaprj@gmail.com.