TERMS OF USE
Welcome to Babyzalert

These Terms of Use ("Terms") govern your rights and obligations regarding the use of Babyzalert’s Software ("Software") and service (both collectively referred to as the " Service ") on the Internet or in cellular media. These Terms constitute a fully binding agreement between Babyzalert  Ltd. the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.

By using the Babyzalert Service, you signify your assent to these Terms;

Babyzalert's privacy policy  ("Privacy Policy"); and

Babyzalert’s copyright policy   ("Copyright Policy")all of which are an integral part of these Terms.

If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.

Key Points

The following key points of the Terms are highlighted here for your convenience only. These key points are not made in lieu of the full Terms and their presence in this section does not mean that they are intended to supersede or override any other terms or conditions provided by Babyzalert.

                Your Responsibilities:   You are responsible to assure that

1.        Your Phone is Turned On

2.        Your Phone has successfully made a Bluetooth connection.

3.        The Service must be enabled

4.        Your Phone must have a clear GPS signal

Responsible Parenting . The information provided by the Service is not intended to replace responsible parenting.  This includes not forgetting your baby in the car.

Location-based Service . Some features of the Service make use of detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device on which the babyzalert application is installed and activated.  These features cannot be provided without utilizing this technology. Please note, as described in detail in the Privacy Policy .

(I) Babyzalert uses your location and/or you Bluetooth connection. The responsibility of providing a working Bluetooth connection and/or clear satellite reception to obtain the location and/or Bluetooth services remains the responsibility of you, the user.  

(II) Babyzalert allows you to use the Service whether or not you choose to set up a username for yourself. If you choose to use the Service without setting up a username you may do so by skipping the username setup stage of the application installation process. Babyzalert will still link with your Bluetooth device and use you location  Note that in order to access certain features of the Service you will need to set up a username.

Advertisements . Third party advertisements may appear on the Service from time to time. Babyzalert does not endorse these advertisements, and the advertisements are not intended to be, nor should they be, viewed by drivers unless and until their vehicle has come to a complete stop.  

The Internet connection required to use the Service, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense . Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.

Free Software . The Service utilizes Software to provide its service, with respect to some cellular telephone devices running the Software, the Software is a free-software. In such cases you may redistribute the Software or modify it in accordance with the GNU General Public License as published by the Free Software Foundation, whether it is version 2.0 of the license or any later version of your choice. For further information, see the GNU General Public License. The Service, its database, Babyzalert's trademarks, the design of the software of the Service and the voice files integrated in the Software – all are not free-software.

Your age . The Service is intended for use by users who are of the legal age required to hold a driving license. In any case, accounts of users under the age of 10 years will be cancelled and deleted by babyzalert, upon receiving notice.

Privacy.   Your privacy is important to us. While using the Service, personal information may be provided by You or collected by Babyzalert as detailed in our Privacy Policy at:  http://www.babyzalert.com/legal/privacy/ . The Privacy Policy explains our practices pertaining to the use of Your personal information and we ask that You read such Privacy Policy carefully. By accepting these Terms, you hereby acknowledge and agree to the collection, storage and use of your personal information by Babyzalert, subject to this section, the Privacy Policy and any applicable laws and regulation.

WHAT IS THE SERVICE

The Service allows users to use their location and/or Bluetooth connections to remind them that they have a baby in the car. The Service is provided mainly through the Software.

THE LICENSE

Babyzalert Service.  Babyzalert hereby grants you a free of charge, non-exclusive, time-limited, non-transferable, non-sub-licensable, revocable license to use the Service (including the Software) for non-commercial purposes, subject to these Terms.

The free version of the Software . In respect to the cellular telephones using the free-software version of the Software, the Software is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.

Along with this Software, you should have received a copy of the GNU General Public License; in case you did not receive such a copy, please contact us at  support@Babyzalert.com , advise us of your email address and we will send you a copy of the GNU General Public License. If you are using the Software, you may contact us at the above address, request a copy of the source code of the Software and we will send you such a copy. This offer is valid for three years. Be advised that this clause applies only with respect to the free version of the Software. It does not apply to the Service, its database, Babyzalert's trademarks, the design of the Service and the voice files integrated in the Software or to other intellectual property rights of Babyzalert – all of these are not free-software.

USING THE SERVICE

You may use the Service solely for private and personal purposes. You may not use the Service commercially. For example, you may not: (i) offer to third parties a service of your own that uses the Service; (ii) resell the Service; (iii) offer to rent or lease the Service; or (iv) offer the Service to the public via communication or integrate it within a service of your own, without the prior written consent of Babyzalert. For clarity, the examples listed are made for illustrative purposes only; they do not constitute an exhaustive list of restricted activities involving the Service.

You may not copy, print, save or otherwise use data from the Site or the Service's database. This clause does not limit the use of the database as intended by the Software and for the purposes of private and personal use of the Service.

When using the Service or the Site you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the Site or the Service’s database for any purpose without the express prior written permission of Babyzalert.

The Software may not be used in any way that is not expressly permitted by these Terms.

 

USE RESTRICTIONS

There are certain types of conduct that are strictly prohibited on the Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth below may result (at Babyzalert's sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.

You may not, whether yourself or through any other means or person : (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content included in the Service and/or Site, or in any way or publicly display, perform, or distribute them; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Babyzalert’s prior written consent; (iii) create a browser or border environment around the Content (e.g. no frames or inline linking); (iv) interfere with or violate any third party or other user's right to privacy or other rights, including copyrights and any other intellectual property rights of others, or harvest or collect personal information about visitors or users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ copyrights, and other intellectual property rights; (vi) transmit or otherwise make available in connection with the Service and/or Site 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; (vii) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make the Service and/or Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or the Service and/or Site; (ix) frame or mirror any part of the Service and/or Site without Babyzalert’s prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from the Service and/or Site; (xi) forward any data generated from the Service and/or Site without the prior written consent of Babyzalert; (xii) transfer or assign your Service accounts' password, even temporarily, to a third party; (xiii) use the Service and/or Site for any illegal, immoral or unauthorized purpose; (xiv) use the Site, the Service, or the Content for non-personal or commercial purposes without Babyzalert’s express prior written consent; or (xv) infringe or violate any of these Terms.

 

TERMINATION OF USE OF THE SERVICE

You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise Babyzalert of such termination. However, if you would also like for Babyzalert to delete your Babyzalert account and your personal information contained in the account, please use the “Delete Account” function in the Application.  On receiving such a request, Babyzalert will use reasonable efforts to delete such information, however please note that your information may be retained on our back-up systems for some time.

 Babyzalert retains the right to block your access to the Service and discontinue your use of the Service, at any time and for any reason Babyzalert deems appropriate, at its sole and absolute discretion.

USER CONTENT

The Service allows all users of the Software to submit and post information and content to other users ("Content"). Content is separate from third party sponsored advertisements that may appear on the Service. Content can include, for example, map and road updates, traffic congestion updates, road accidents, etc. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content.

 

ALWAYS DRIVE VIGILANTLY ACCORDING TO ROAD CONDITIONS AND IN ACCORDANCE WITH TRAFFIC LAWS. IT IS STRICTLY FORBIDDEN TO SEND ANY CONTENT - INCLUDING ACTIVATING THE SERVICE WHILE DRIVING. YOUR CONTENT SUBMISSIONS MAY ONLY BE SENT AFTER YOU HAVE STOPPED YOUR VEHICLE IN AN APPROPRIATE LOCATION PERMITTED BY LAW. ALTERNATIVELY THE SERVICE MAY BE ACTIVATED or CONTENT MAY BE SENT BY A PASSENGER OTHER THAN THE DRIVER, PROVIDED IT DOES NOT INTERFERE WITH THE DUE COURSE OF DRIVING AND DOES NOT DISTRACT THE DRIVER.

 

FORBIDDEN POSTS

It is forbidden to submit Content of a commercial nature (including advertising), unless such posts pertain to Babyzalert, the Service, or Babyzalert's products, and such Content strictly complies with these Terms.

 

When you submit Content to be published by the Service, you must make sure it is lawful. For example, you may not submit Content that:

●       is diminishing or infringing proprietary rights of others, including but not limited to copyright and trade marks;

●         poses a risk to a person's safety, security or health;

●         identifies other persons without obtaining such person’s express written consent to the disclosure of their personal information, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information;

●         is unlawful, defamatory, libelous or invades the privacy of others;

●         is harassing, offensive, threatening or vulgar;

●         is characterized by, or that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class;

●         encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;

●        promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law or under these Terms;

●         falsely expresses or implies that such content is sponsored or endorsed by Babyzalert.

The foregoing examples of unlawful Content are made solely for illustrative purposes and do not constitute an exhaustive list of restricted Content.

Babyzalert may decline to publish, or immediately delete any Content you submit if you or the Content have violated these Terms or if you engaged in a commission or omission that is harmful or may be harmful to the Service, its users, Babyzalert or any of its agents or affiliates. In such cases, Babyzalert may also terminate your access to the Service or prevent you from posting additional Content on the Service. The provisions of this clause are made in addition to any rights afforded to Babyzalert by any law.

 RIGHTS IN CONTENT

When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit Babyzalert to publish the Content and exploit all intellectual property rights in and to the Content. Babyzalert receives no ownership rights in and to the Content that you submit. However, by submitting Content to Babyzalert, you hereby grant Babyzalert and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to Babyzalert in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at Babyzalert's sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless Babyzalert provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize Babyzalert to be your agent).

 

EXAMINATION OF CONTENT

Babyzalert may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication. Babyzalert does not normally utilize its right to monitor Content and does so only in rare cases.

Babyzalert retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. Babyzalert does not guarantee that all Content will be published, in general or for any limited time.

Content submitted by users for publication does not reflect the views of Babyzalert. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.

 

COPYRIGHT

All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of Babyzalert or its affiliates or are exclusively licensed to Babyzalert. The Service is protected, among others, by the Israeli Copyright Law, 2007 as well as by applicable copyright provisions prescribed by any other law, in Israel and elsewhere.

"Babyzalert", the Babyzalert logo, and other trade and/or service marks are the property of Babyzalert or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without the prior written consent of Babyzalert.

The design, trade dress, and the ‘look and feel’ of the maps of the Site and the Service are protected works under applicable copyright laws and Babyzalert and its affiliates retain all intellectual property rights in them. The Software license granted to you in these Terms does not extend to or include a license to use the maps displayed on the Software or any mark, indicator, logo or notation embedded in the maps that are displayed on the Software. You may not copy or print more than one copy of any data or material appearing on the Site.

Babyzalert may protect the Service by technological means intended to prevent unauthorized use of the Service. You undertake not to circumvent these means. Without derogating from Babyzalert's rights under these Terms or under any applicable law, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms. If you circumvent any of the means taken by Babyzalert to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.

 

Apple

If you use the Service on an Apple device, then you agree and acknowledge that:

Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;

You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;

Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the 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.

Export Control

You 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.

 

LIMITATION OF LIABILITY AND WARRANTY

BABYZALERT PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.

Additionally and without derogating from the above clause, Babyzalert disclaims any warranties relating to the accuracy of the information displayed in or by the Service.

You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.

THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE YOUR OBLIGATIONS OF RESPONSIBLE PARENTING.

Babyzalert exerts efforts to provide you with a high quality and satisfactory service. However, We do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Babyzalert's computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Babyzalert or any of its providers.

BABYZALERT, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.

 

LINKS AND COMMERCIAL INFORMATION IN THE SOFTWARE

The Service may include commercial information or advertisements (for example, pins indicating the locations of certain establishments, their commercial offers, coupons, etc. (“Ads”). The Ads may pop up or be displayed on the Service maps from time to time. Babyzalert may post Ads on the Service but more often than not, the source of such Ads is third parties, and as such, Babyzalert cannot and does not guarantee the reliability or accuracy of third party Ads. Babyzalert does not endorse the content of third party Ads. Additionally and without derogating from the previous sentence, Babyzalert will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service.

 It is underscored that the advertising of commercial content by Babyzalert does not constitute a recommendation or encouragement to procure the goods or services advertised.

Insofar as the Software includes links to services or applications not operated or managed by Babyzalert, Babyzalert will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. Babyzalert will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the Software.

YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREOING PROVISION, THE THIRD PARTY ADVERTISERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE SERVICE OR YOUR VIEWING OF THE ADS ON THE SERVICE.

BREACH AND INDEMNITY

Without derogating from any applicable law, you agree to indemnify and hold harmless Babyzalert and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Babyzalert, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.

 

PRIVACY

Babyzalert respects your privacy during your use of the Software and the Service. Our updated privacy policy pertaining to the Software is readily accessible at  http://www.Babyzalert.com/legal/privacy/  and is an integral part of these Terms. Since the privacy policy is subject to periodic updates, it is recommended that you periodically review the policy for updates.

 

MODIFICATIONS TO THE SERVICE AND SOFTWARE

Babyzalert may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service's features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Babyzalert for applying such changes or for failures incidental to such changes.

 

TERMINATION OF SERVICE

Babyzalert may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.

 

MODIFICATIONS OF THESE TERMS

Babyzalert may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service's home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.

 

GOVERNING LAW AND JURISDICTION

These Terms, the Software and the Service will be governed solely by the laws of the United States of Americal, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in the Tel Aviv district in Israel.

 

LIMITATIONS

Should you desire to file any cause of action against Babyzalert, arising out of or related to the Babyzalert Software or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.

 

ASSIGNMENT OF RIGHTS

You may not assign or transfer your rights in and to the Service, without the prior written consent of Babyzalert. Babyzalert may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Babyzalert's obligations to you under these Terms.

 

COMPLETE TERMS

These Terms, together with the policies that are an integral part of these Terms, namely the Privacy Policy and the Copyright Policy, shall all constitute the entire and complete agreement between you and Babyzalert concerning the Babyzalert Service. In the event of an inconsistency between these Terms and the synopsis of terms presented to the user during Software installation, these Terms shall prevail.

 

NO LEGAL RELATIONSHIP

These Terms of Use and your use of the Service, including the submission of Content onto the Service, do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Service is intended for your enjoyment and benefit and the provision of the Service to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any Content or other contributions you have made to the Babyzalert Service, its contents, maps and any other data.

 

  CONTACT US
You may contact us concerning any question about the Service, through our email at babyzalert@gmail.com We will make our best efforts to address your inquiry promptly..

Email us at

Babyzalert@gmail.com


BABYZALERT- PRIVACY POLICY

Babyzalert LTD respects your privacy. Babyzalert Limited and its affiliates (" Babyzalert " or the “Company” ) offer a service to remind you that you have a child or children in your car with the use of technology and/or the website www.Babyzalert.com  (the " Website ") and/or users of Babyzalert'smobile application (the " Application ") (collectively referred to as the “ Services ").

This Privacy Policy describes:-

●      the information that Babyzalert collects from users;

●      how that information is used by Babyzalert; and

●      the rights and options available to users.

This Privacy Policy is incorporated as part of the Babyzalert Terms of Use  (the " Terms of Use " or the " Terms ").

Your use of the Services is subject to the Terms of Use, Copyright Policy and this Privacy Policy and indicates your consent to them.

The Services are not intended for use by persons under the age of 10.  If you are under 10, you may not download or use the Application.

In this Privacy Policy, the term "personal information" means any information collected by us or provided by you that, with reasonable efforts, may be used to identify you, which may include first and last name, home address, email address and, in certain circumstances, your location and route information.

Contact Babyzalert / Abuse reports

If you believe that your privacy has been compromised by any person, in the course of using the Services, then please contact Babyzalert at: privacy@Babyzalert.com .

You may send Babyzalert other requests, responses, questions and complaints by email at support@Babyzalert.com .

Information that is being collected

Babyzalert allows you to use the Services whether or not you choose to set up a username for yourself. If you choose to use the Services without setting up a username you may do so by skipping the username setup stage of the application installation process. Babyzalert will still link all of your information with your account and a unique identifier generated by Babyzalert in accordance with this Privacy Policy. Note that in order to access certain features of the Services you will need to set up a username.

The categories of information collected by Babyzalert will include all or just some of the following, depending on how you choose to use the Services.

Whenever you use the Services, Babyzalert will collect:-

●      detailed location and route information, for example in the form of GPS signals and other information sent by your mobile device on which the Application is installed and activated.  

 ●      information about your use of the Services.  See “Meta-data that we collect”, below;

If you choose to use the Services in a manner detailed below, Babyzalert may also collect:-

●       information that you choose to share with Babyzalert, including a username you have chosen, reports associated with your username, “home” or “work”, other “favorites”, destinations you may travel to, chat messages, search queries, calendar information .  In addition, i f you choose to opt in to the ‘find friends’ feature Babyzalert will collect:

periodically, all of the phone numbers which are stored on your device’s phone book . We only collect numbers in a form which is anonymous to Waz e, we will not collect names, addresses or other information from your device's phone book. This information will be used as part of the ‘find friends’ feature to help find and create a list of other Babyzalert users who you may know and with whom you may wish to connect; and/ or
your phone number. Your phone number will be used to verify your account and as part of the ‘find friends’ feature to help find and create a list of other Babyzalert users who you may know and with whom you may wish to connect.  See here for more information;

●      information required when setting up a username you have chosen, such as your name and gender.  Bear in mind that false, incorrect, or out-dated information may impair Babyzalert's ability to provide you with the Services and to contact you when necessary. Babyzalert will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you may not be able to set up a username; and/ or

●      information shared from your social network accounts. See “Integration with social networks”, below.

Please note that when you first install the Application on your mobile device, Babyzalert will set up an account associated with that mobile device (the “Account” ).   Babyzalert will collect and use your information, in accordance with this Privacy Policy, whenever you activate the Application on that mobile device.  This use includes linking your information with your Account.  This is the case irrespective of whether or not you choose to create a Babyzalert username and password in the Application.

In order to access certain features of the Services (for example, map editing, ranking, moods), you will need to set up a username.

If you do  set up a Babyzalert username and password in the Application:-

●       Babyzalert will link all of your information with your Account and  that username.  This includes information received from all mobile devices running the Application on which you have chosen to sign in using your username and password;

●       with the exception described in the bullet below, your Account and information associated with your Account will be visible only to Babyzalert; and

●       when using the Application, your approximate location and other information you may choose to contribute will be visible to other users associated with that username.

If you do not  set up a Babyzalert username and password in the Application (by skipping the username setup stage of the application installation process):-

●       Babyzalert will still link all of your information with your Account and  a unique identifier generated by Babyzalert;

●       with the exception described in the bullet below, your Account and information associated with your Account (including your unique identifier) will be visible only to Babyzalert; and

●       when using the Application, your approximate location and other information you may choose to contribute will be visible to other users associated with the username “Babyzalertr”.

 

Uses of information

Babyzalert may use information collected from or provided by you for the following purposes:

●       to  provide you with the Services. For example, Babyzalert may:-

use your location and route information and/or search query history to provide navigation services and to provide information and advertisements about sites, shops and other places and attractions in your close vicinity, or that we believe, based on your search query history, you may find interesting; and
(if you have opted in to the ‘find friends’ feature), use your phone number and the phone numbers which are stored in your device’s phone book to find and create a list of other Babyzalert users who you may know and with whom you may wish to connect.  See here  for more information.

●       to  operate the Services and to improve and customize your experience with the Services.  For example, Babyzalert may use your “home” and “work” information or location history to offer routes based on how you’ve chosen to travel between favorite destinations in the past;

●       to  improve the experience of other users.  For example, Babyzalert may use your route information to improve the accuracy of its mapping and navigation data;

●      to provide you with support and handle requests and complaints;

●      to send you updates, notices, announcements, and additional information related to the Services;

●       to  display or send to you marketing and advertising material when you are using the Application, in accordance with the section titled 'Advertising Campaigns' under this Privacy Policy. For example, Babyzalert may use your location information to display advertisements for businesses in your close vicinity;

●       subject  to your prior indication of consent, we may also use the email address that you provide when setting up a username to send you marketing material.  At any time you may choose not to receive such material by:- (i) changing the email preferences in your Account accessed via the Website; or (ii) clicking on the “Unsubscribe” link in the e-mail messages that we may send to you. In any case, Babyzalert will not knowingly share your personal information with any advertisers, without your explicit consent and as allowed for under this Privacy Policy;

●       to  create aggregated and/ or anonymous data (where such data does not enable the identification of a specific user).  See “How does Babyzalert use aggregated information”, below;

●      to conduct surveys and questionnaires;

●      to share your submissions with other users of the Services and to facilitate communication between you, Babyzalert and other users;

●      to enforce the Terms of Use;

●      to contact you when Babyzalert believes it to be necessary;

●      to comply with any applicable law and assist law enforcement agencies under any applicable law, when Babyzalert has a good faith belief that Babyzalert’s cooperation with the law enforcement agencies is legally mandated or meets the applicable legal standards and procedures;

●      to prevent fraud, misappropriation, infringements, identity theft and other illegal activities and misuse of the Services;

●      to handle breakdowns and malfunctions;

●      to take any action in any case of dispute, or legal proceeding of any kind between you and the Service, or between you and other users or third parties with respect to, or in relation with the Service;

●       for  purposes provided under this Privacy Policy and the Terms of Use.

Please note that the username you choose will be used to identify you when you use the Services. Your username will be included along with any information you submit for posting (such as traffic reports or chat messages). It will therefore be visible to others. If you prefer to remain invisible to other users of the Services for a particular drive, you can set the Application not to show your location on the map. To do so you should go to the Application Settings Menu and adjust accordingly. If you make this choice, while you will be invisible to other users, your location and route information will continue to be collected by Babyzalert for the purposes listed in this Privacy Policy.

You may also provide additional information that will be used to personalize the Services and enhance your experience with the Services. For example, if you provide us with your "home" and "work" information, we may provide you with what we think is the shortest route between those locations.

Further information may be collected when Babyzalert exchanges communications with you, for example, if you submit a request, contact Babyzalert's support team, or report a violation to the abuse team.

Personal information that you share

The Services are based on a community of users publicly sharing information with Babyzalert and with other members of that community.  

In particular, users choose to share personal information such as name, age, gender, picture, their location information and reports.  This information may be shared either directly to the Service and to all users, such as in the case of traffic reports, or just to your friends on Babyzalert via the ‘find friends’ feature .  This information may also be shared   via  third party services (such as social networks) which interact with the Service upon such users' choice.

The content that you share to all users is neither private nor confidential and you should not have any expectation of privacy with respect to it. Information you upload will be posted along with other personal information. Certain road incidents you report may include your driving path within the vicinity of those incidents. Therefore, you must exercise caution and common sense when submitting information. At the very least you should demonstrate the same degree of caution as when publishing personal information by means other than the Internet and cellular services.

You can decide whether or not to upload content to the Services. However any content that you submit for posting, may be viewed by all users of the Services and by Babyzalert.

In any event (but except as detailed below with respect to information shared from your social network accounts according to your privacy settings for such social network accounts), your email address will not be visible to others through any reports or user posts that you share or upload.

We, at Babyzalert, take great measures to provide you with the best experience you can have while using the Service. However, Babyzalert has no control over the conduct of any user and disclaims all liability in this regard. Users are advised to carefully and thoroughly consider whether or not to make public or available any information and carefully examine all necessary details related to any communication with other users prior to any engagement or communication being made.

Participating in any user's activities as a result, directly or indirectly, from using Babyzalert, is entirely at your own risk. Babyzalert is not a party to any agreement entered into between the users in any circumstances. The user has the sole and ultimate responsibility regarding compliance with all laws, regulation or any other duty. We do not accept any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with your participation in any activity or event initiated, held or conducted by a user or a third party nor in connection to any agreement between the users or third parties, including any activity or event related in any way, directly or indirectly, the Services or the use thereof.

Integration with social networks

You may choose to share information between your Account and your social network account (such as Facebook). Through this option, you may choose to have personal information and other content about you available from social networks, transmitted and shared through the Services. Similarly, you may choose to have personal information and other content about you available from Babyzalert, including your location and route information, transmitted to and shared through your social network account.

By setting your Account to integrate with social networks including by signing onto Babyzalert by using your social network account (such as your Facebook  account), you agree to share information (including personal information) between Babyzalert and such social networks, for the purposes provided under this Privacy Policy.

The social network's use of information made available by Babyzalert is governed by that social network's privacy policy and controlled by the social network, not by this Privacy Policy or Babyzalert.

When you connect to the social network account through the Services for the first time or otherwise make the Services interact with your social network account, you will be asked to permit the social network to share your personal information stored on such social network with the Services. We collect your information from your social network account only in accordance with your privacy settings you have set up under your social network accounts.

Accordingly we only collect such information which you allowed the social network(s) to share with third parties (such as your name, email address, list of friends, profile picture, other information you make publicly available via the applicable social network). You understand that the Services may access, make available and store (if applicable and as permitted by the third party social network and authorized by you) such information so that it is available on and through your Account.  For example, Babyzalert may allow you to share your location with your Facebook friends, via the Application.

Please note that certain information which you have defined as private on your third party social network accounts may become public to other Babyzalert Users through the Services if you have defined such information to be public on the Services. For example, if you designate your social network username as "private"in your social network account (to the extent possible under said settings), but have elected to set your Babyzalert account settings as public, then the username will become public on the Babyzalert service.

Meta-data that we collect

Babyzalert collects information about the use of the Services.  For example, Babyzalert may record the frequency and scope of your use of the Services, the duration of your sessions, information about the device on which you have installed the Application, the web pages that you visit via the Application, information that you read, content that you use or create, advertisements that you view or click on, your communications with other users and third parties, the Internet protocol (IP) address and the name of the domain that serve you to access the Services, and the geographic location of the computer system that you are using to log-in.

Accessing the Services

In order to access certain features of the Services (for example, map editing, ranking, moods), you will need to set up a username.  

Babyzalert may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing the Services or for accessing certain features or designated sections of the Services.

Your log-in details are your responsibility. You are fully accountable for any use or misuse of your Account and personal details as a result of conveying your details to someone else. You must maintain your log-in details in absolute confidentiality and avoid disclosing them to others. Make sure that you change your password frequently and at least once every six months.

Sharing information with others

Babyzalert does not sell, rent or lease your personal information to third parties.

Babyzalert will not share your personal information with others, without your consent, except for the following purposes and to the extent necessary in Babyzalert's good-faith discretion:

●       as  necessary for the operation of the Services.  For example, making public road incidents you report and which are associated with your username and your location;

●      If Babyzalert reasonably believes that you have breached the Terms of Use, or abused your rights to use the Services, or performed any act or omission that Babyzalert reasonably believes to be violating any applicable law, rules, or regulations. Babyzalert may share your information in these cases, with law enforcement agencies and other competent authorities and with any third party as may be required to handle any result of your wrongdoing;

●      If Babyzalert is required, or reasonably believes that it is required by law to share or disclose your information;

●      In any case of dispute, or legal proceeding of any kind between you and Babyzalert, or between you and other users with respect to, or in relation with the Services;

●      In any case where Babyzalert reasonably believes that sharing information is necessary to prevent imminent physical damage or damage to property;

●      If Babyzalert organizes the operation of the Services within a different framework, or through another legal structure or entity, or if Babyzalert is acquired by, or merged into or with another entity, or if Babyzalert enters bankruptcy, provided however, that those entities agree to be bound by the provisions of this Privacy Policy, with respective changes taken into consideration;

●      For facilitating the Service and to store your data on servers located in the U.S.A and the European Union.

●      To collect, hold and manage your personal information through cloud based or hosting services or a third party or a party affiliated or connected to Babyzalert, as reasonable for business purposes, which may be located in countries outside of your jurisdiction, including but not limited to the United States of America.

●      Babyzalert may also share personal information with companies or organizations connected or affiliated with Babyzalert, such as subsidiaries, sister-companies and parent companies. Personal information may also be shared with Babyzalert's other partners and service providers to process it for us, based on our instructions and in compliance with this policy and any other appropriate confidentiality and security measures.

Controlling your personal information

If you would like us to delete your Account, your username (if you have set one up) and your personal information, please use the “Delete Account” function we offer available under the Settings menu in the Application and on the Website.

On receiving such a request, Babyzalert will use reasonable efforts to delete such information, however please note we may not delete information immediately from our back-up systems.

If you choose to set up a username, you can view your route history via the “Edit the Map”/ “Drives” function on the Babyzalert website.

Your location and route history is associated with your Account and (if you have chosen to set one up) your username or (if you have chosen not to set up a username) the unique identifier generated by Babyzalert.

This information is held by Babyzalert associated with your Account and username/ unique identifier for such limited period of time as is necessary in order for Babyzalert to be able to use the information for the purposes described in this Privacy Policy. At the end of this period of time, Babyzalert will then anonymize or delete your location and route information.

If you find that the information associated with your Account is not accurate, complete or updated, then you must make all necessary changes to correct it. Please keep in mind that false, incorrect, or outdated information may prevent you from setting up a username and impair the ability to provide you with Services.

How does Babyzalert use aggregated information?

Babyzalert may use anonymous, statistical or aggregated information (including anonymous location information), in a form that does not enable the identification of a specific user, to properly operate the Services, to improve the quality of the Services, to enhance your experience, to create new services and features, including customized services, to change or cancel existing content or service, and for further internal, commercial and statistical purposes.

Babyzalert may also use anonymous, statistical or aggregated information collected on the Services, in a form that does not enable the identification of a specific user, by posting, disseminating, transmitting or otherwise communicating or making available such information to users of the Services, to the Services' providers, partners and any other third party.  For example, GPS information that we receive from your mobile device may be provided to map editors in an aggregated and/ or anonymous form to help improve the map and solve map problems.

Cookies

Babyzalert may use cookies on the Services. Cookies are packets of information sent by the Website's servers to your web browser and then sent back by the browser each time it accesses the Website's servers.

Babyzalert may use cookies for various purposes, such as to save you the need to re-enter your username and password each time you log-in, to facilitate the use of the Website, to collect statistical information, to verify information, and to customize the Website to your personal preferences and for information security purposes.

Some of the cookies may expire when the session ends and you exit your browser. Other cookies are saved on your computer's hard drive. If you wish to block the Website's cookies, then please use the help button in your browser and follow the necessary instructions. However, bear in mind that disabling cookies may complicate or even prevent your use of the Website, or certain features thereof.

Advertising campaigns

Babyzalert may permit, solicit or contract certain other companies to conduct advertising campaigns on the Services.

The information and advertisements that you see when accessing the Services may be targeted on the basis of:

·  geographic or contextual information which we collect from you; as well as

·  your search query history.
You hereby agree that we may provide such information and advertisements targeted on the basis of your search query history. However, if, when accessing the Services, you no longer wish to see information and advertisements from us targeted on the basis of your search query history, you are able to opt out of such targeting in the settings of the Application. See here for more detail.

When you visit a third party website from the Application, such third party may use cookies on your computer. The third party’s use of cookies is subject to their own privacy policies and not to this Privacy Policy.  If you wish to study the privacy policies of those third parties you should visit their services, or contact them directly.

 

The Service includes an internal messaging system which provides you the ability to send and receive messages to and from other users, and to receive marketing messages from us.  You hereby agree that we may use the internal messaging system for the purpose of informing you regarding products or services, which may interest you.

Please note however that other Babyzalert users are not allowed to use your contact details or our internal messaging account for commercial advertising purposes. If you have encountered any user generated advertising material, please inform us through the channels listed on the "About" menu in the Software or through the "Contact Us" page on the Site (web address: support.google.com/Babyzalert ). Babyzalert does not accept any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with any user's advertising material.

It is clarified that we are not responsible for the content of said advertisements and the products delivered or services rendered thereby by third parties and you irrevocably and unconditionally agree that we shall not be held responsible or liable in connection thereof.

Information Security

Babyzalert considers information security to be a top priority. Babyzalert implements systems, applications and procedures to secure your personal information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. However, these measures are unable to provide absolute assurance. Therefore, although Babyzalert takes great efforts to protect your personal information, Babyzalert cannot guarantee and you cannot reasonably expect thatBabyzalert's  databases will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.

Changes to this Privacy Policy

Babyzalert may from time to time change the terms of this Privacy Policy. Substantial changes will take effect 30 days after Babyzalert has posted a:

●         system message to users notifying them of changes to the Privacy Policy; and

●     notification on the Website's homepage or any other relevant web pages, explaining the changes to the Privacy Policy alongside a comparison of the “old” and “new” versions of the Privacy Policy.

Other changes will take effect 7 days after their initial posting on the Website. However, if Babyzalert amends this Privacy Policy to comply with legal requirements, the amendments will become effective immediately upon their initial posting, or as required.

You agree to be bound by any of the changes made in the terms of this Privacy Policy. Continuing to use the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, you must avoid any furthe
r use of the Services.