Please read the following Terms and Use carefully before using this Site and/or the Services (both as defined below) so that you are aware of your legal rights and obligations with respect to Hour One AI (“Hour One”, “we”, “our” or “us”) in connection with the use of: (i) the website:https://staging8.hourone.ai/, and any other website that we operate (each, together with its sub-domains, content and services, a “Site”); and (ii) the hourone app mobile software application (the “App”). The Site and the App are individually and collectively referred to herein as the “Services”.
1. Ability to Accept
By using the Services you affirm that you are over thirteen (13) years of age. If you are between the age of thirteen (13) and eighteen (18) years then, prior to using the Services, you must first review these Terms with your parent or guardian to make sure that you and your parent or guardian understand these Terms and agree to them.
2. Services License. Subject to these Terms, we hereby grant you:
1. A personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license (“License”) to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and Usage Rules (defined below) allow.
2. A personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable License to: (i) download, install and use the App on a mobile telephone, tablet or device (each a “Device”) that you own or control; and (ii) visit and use the Site.
3. Commercial License. For commercial use of the Content or the Services you must enter into a separate agreement with us. Available here:https://staging8.hourone.ai/services-agreement
4. License Restrictions. You agree not to, and shall not permit any third party to: (i) transfer (by sale, resale, license, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein or in any commercial agreement with us; sublicense, redistribute, lease, lend or rent the Services; (ii) make the Services available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Services; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the Services or any part thereof without our prior written authorization; (v) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Services; (vii) use any communications systems provided by the Services to send unauthorized and/or unsolicited commercial communications; (viii) use the Hour One name, logo or trademarks without our prior written consent; (ix) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Services; and/or (x) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms.
5. App Usage Rules. If you are downloading the App from a third party mobile device platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules”). We specifically refer to the Usage Rules of certain Distributors below in the section below entitled ‘Distributor Requirements and Usage Rules’, but other Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into these Terms by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.
6. Intellectual Property Rights.
i. Ownership. The Services are licensed and not sold to you under these Terms and you acknowledge that Hour One and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the Services (and its related software). We reserve all rights not expressly granted herein to the Services. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
ii. Content and Marks. The content on the Services, including without limitation, the text, information, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”), and the User Submissions (defined below), and the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials and User Submissions, the “Content”), is the property of Hour One and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Hour One” and the Hour One logo are Marks of Hour One and its affiliates. All other Marks used on the Services are the trademarks, service marks, or logos of their respective owners.
iii. Use of Content. Content on the Services is provided to you “as is” for your personal use only and may not be used, copied, modified distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
3. Information Description
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Services is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving you any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
5. Copyright Policy
Hour One respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Hour One’s Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. A description of where the material that you claim is infringing is located on the site, including the URL;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Seeking Hour One’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
By mail: Lior Hakim
Hour One AI, Yigal Alon 94, Alon building 1, Tel-Aviv, Israel
By phone: +972502390356
By email: [email protected]
6. Access to Services and Accounts
We may take any of the following in our sole discretion at any time, and without giving you prior notice:
1. Change or discontinue the Services;
2. Change how we offer and operate Services;
3. Remove Content from the Services;
4. Restrict, suspend or terminate your access to one or more Services or features thereof; and We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If Hour One terminates your access to any of the Services, you must immediately stop using such Service.
7. Warranty Disclaimers
1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
2. WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE SERVICES.YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SERVICES BY A THIRD PARTY.
3. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.
8. Limitation of Liability
1. UNDER NO CIRCUMSTANCES SHALL HOUR ONE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THESE TERMS, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES EVEN IF HOUR ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN ANY EVENT, HOUR ONE’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THESE TERMS, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO HOUR ONE FOR USING THE SERVICES WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
You agree to defend, indemnify and hold harmless Hour One and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Services; (ii) your User Submissions; (iii) your violation of these Terms; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
10. Updates and Upgrades
We may from time to time provide updates or upgrades to the Services (each a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Services. All references herein to the Services shall include Revisions. These Terms shall govern any Revisions that replace or supplement the original Services, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
11. Third Party Open Source Software
Portions of the Services may include third party open source software that are subject to third party terms and conditions (“Third Party Terms”). A list of any third party open source software and related Third Party Terms is available at:https://staging8.hourone.ai/FOSS.If there is a conflict between any Third Party Terms and the terms of these Terms, then the Third Party Terms shall prevail but solely in connection with the related third party open source software.
12. Third Party Sources and Content
1. The Services may enable you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us (“Third Party Content”). The Services may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third party websites and services; and (ii) our partners and customers.
3. We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a Third Party Source.
4. By using the Services you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
5. You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Hour One, and release Hour One from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
13. Term and Termination
1. These Terms are effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Services; and/or (ii) terminate these Terms and your use of the Services with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of these Terms or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services.
2. Upon termination of these Terms, you shall cease all use of the Services.This Section 13 and Sections 6 (Intellectual Property Rights), 4 (Privacy), 7 (Warranty Disclaimers), 8 (Limitation of Liability), 9 (Indemnity), 12 (Third Party Open Source Software) and 14 (Assignment) to 17 (General) shall survive termination of these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Hour One without restriction or notification. Any assignment may entail termination of your access to the Services
We reserve the right, at our discretion, to modify these Terms at any time by. Such change will be effective 10 days following posting of the revised Terms on the Services, and your continued use of the Services thereafter means that you accept those changes.
16. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Yaffo, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18. Distributor Requirements and Usage Rules
1. You acknowledge and agree that:
1. these Terms is concluded between Hour One and you only, and not with Apple, and Hour One and its licensors, and not Apple, are solely responsible for the App and the content thereof.
2. your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into these Terms.
3. the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
4. Hour One is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
5. Hour One is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Hour One’ sole responsibility;
6. Hour One, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;
7. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim
8. Apple, and its subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
2. You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
3. If you have any questions, complaints, or claims regarding the App, please contact Hour One at:
Email: [email protected]
Address: Hour One AI, Yigal Alon 94, Alon building 1, Tel-Aviv, Israel.
4. By entering into these Terms you, to the extent legally permitted, hereby waive any applicable law requiring that these Terms be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, atwww.apple.com/legal/itunes/us/terms.html#SERVICE(as amended from time to time).