From: Mikheil Janiashvili
Date: March 26, 2020 at 13:36:00 GMT+4
To: "dodikka@gmail.com"
Subject: Terms of service and privacy statement



Data Privacy Statement

Ministry of Health

March 24, 2020

 

[…] ("…" or "we") as the responsible (“controller”) for data protection is committed to the sensitive handling and active protection of user data as well as transparent information for users, especially in the areas of data collection and use.

 

This data protection declaration explains which data we collect within the scope of using the App […] and for what purpose we process and store it.

 

In order to technically cover data protection as good as possible, we encrypt the data collected by the App on your smartphone and also rely on encrypted transmission to our server infrastructure.

 

In any case, it has to be considered that the […] cannot work without collecting and processing of the data mentioned below.

 

Should you wish to delete your account at a later date, you can do so at any time by deleting the app. This does not apply to historical information, this information is still available to us on the basis of our legitimate interests, in pseudonymized form, and will be deleted after a maximum of 3 years. For further information on the storage periods, please refer to the respective processing purpose.

 

You can request information about the data stored about your person at any time. In addition, under certain circumstances you may request the correction or deletion of your data. You may also have the right to limit the processing of your data, to object to it and to have the data provided by you given back in a structured, common and machine-readable format.

 

If you have any questions, please contact our data protection officer at:

 

Name of Institution

Name of Data Privacy Representative

Address

E-mail Address

 

In addition, you have the option of using your right to appeal to a supervisory authority (e.g.: […]).

 

 

Processing purposes

 

Registration, contract management

No registration is needed to use the App. We will generate an anonymous User-ID to identify you within our system.

 

Warning in case of infection risk

The use case of the App is to recognize and evaluate your encounters with other app users. It is meant to warn users if they have been in contact with a COVID-19 infected person. For this purpose, we collect, process and store locally on your device the following data to fulfill the contract

 

-        location data

-        sensor data (gyroscope, acceleration sensor, magnetometer)

-        Activity data provided by the smartphone’s operating system

-        Your User-ID

which is generated or provided by your smartphone. Should you report to being infected yourself, your encounters with other users will be uploaded to our servers. You can voluntarily submit your location information which will help to better fight contagious diseases. The data will be stored for the duration of the contract and for a maximum of 3 years beyond, for supporting our research.

 

Communication, customer journeys

We will contact you via push messages without separate consent within the framework of contract fulfillment.

 

For this purpose, we collect, process and store the following data:

 

-       Your User-ID 

-     Location data

-        Smartphone sensor data

-        Activity data provided by smartphone operating system

-        User-IDs of people that you have met

-        Function calls in the app 

 

In order to send messages and analyse data we make use of external service providers:

  

-     NOVID20 - Technologieplattform zum Krisenmanagement (NGO), Austria 

all data collected by us, in raw or processed form as required for analysis and data modeling, creation of customized communication and the subsequent dispatch of these messages, enablement of international interoperability of applications with the same purpose

 

-      Dolphin Technologies GmbH – “Dolphin”, Austria
all data collected by us, in raw or processed form as required for analysis and data modeling, creation of customized communication and the subsequent dispatch of these messages

 

-        Peaberry Software Inc. - "Customer.io", USA
all data collected by us, in raw or processed form as required for the creation of customized communication and the subsequent dispatch of these messages

 

The data will be stored for the duration of the contract and for a maximum of 3 years beyond.

 

The respective service provider lists the data that we have to transfer in order to achieve the purpose. Service providers located in the USA are subject to the rules of the EU-US Privacy Shield Agreement for the protection of personal data.

 

Service expansion and improvement

The purpose of the feature is to increase public safety. Achieving this goal is not limited to collecting the IDs of other users you have been in contact with, but can also include other information, like past geolocations. For this reason, we may use all collected data (location data, Bluetooth data, etc.) in our legitimate interest to create and store models for service enhancement and improvement. The data is stored for the duration of the contract and for a maximum of 3 years beyond, so that we can continuously improve our service.

 

Usage optimization, customer service

We try to ensure that our services function optimally at all times, but unfortunately, we do not always succeed in doing so in every constellation. In order to continuously improve the user experience of the App and to be able to optimally respond to possible requests from you, we collect, process and store data regarding the use of the App in our legitimate interest:

 

-        smartphone brand

-        smartphone model

-        smartphone operating system

-        User-ID

-        function calls in the App

 

Data is stored for the duration of the contract and for a maximum of 3 years in order to improve our service on an ongoing basis.

 

Optimization of our services -

Firebase Services / Facebook Business Tools

We use Google Firebase and Facebook Business services to improve the performance and usability of our services and measure the effectiveness of our communication efforts. We do not share any personal information with service providers (i.e., we transmit the information pseudonymously), but we do share information such as your advertising ID, which is linked to your personal information by the service provider to enable our evaluations. We do this in our legitimate interest to determine whether our communication efforts are successful and to obtain information about the use of our app to improve performance and usability. The data is stored for the duration of the contract and for a maximum of 18 months beyond that, in order to be able to create our evaluations.

 

For this purpose we process:

 

·       Installation UUID

·       Firebase Instance ID

·       Mobile Advertising ID

·       Android ID / IDFV

·       Pseudo ID / User-ID

·       Crash Trace (tracking of app crashes)

·       Smartphone Info (brand, model, operating system, smartphone settings, etc.)

·       IP address (to display the region)

·       Function calls in the app

·       App Events

 

In order to fulfil these tasks, we make use of the following external service providers:

 

Google LLC, USA

Google Ireland Limited, Ireland

for Firebase Services

 

Facebook Inc, USA

for Facebook Business Tools

 

U.S.-based service providers are subject to the rules of the EU-US Privacy Shield Agreement for the protection of personal data.

 

Further information can be found at:

Facebook Business Tools:

https://www.facebook.com/legal/technology_terms

https://www.facebook.com/legal/terms/dataprocessing

 

                                            

Google Firebase:          https://support.google.com/firebase/answer/6318039?hl=de&ref_topic=6317497

https://firebase.google.com/terms/analytics/

https://docs.fabric.io/apple/fabric/data-privacy.html

 

You have the right to object at any time, for reasons related to your particular situation, to the processing of personal data concerning you carried out pursuant to Article 6 (1) f GDPR (Data processing for the protection of a legitimate interest). In the event of your objection, we will no longer process your personal data unless we can prove compelling and justified reasons for the processing which outweigh your interests, rights and freedoms. If you wish to file such an objection, please contact our data protection officer!

 

Statistical evaluations

We use the collected positioning and sensor data for evaluations and will publish or share these evaluations with partners in the context of publications, research work, reports etc. in such cases however exclusively in processed and anonymized form.

 

We protect your data, process it exclusively for the purposes stated and do not share it in any other way than stated here, unless we are forced to do so by legal requirements.

 

 

 

 

Terms of Service

[…]

March 24th, 2020

 

Welcome to the […] App, a product provided to you by […] ("[…]," "we" or "us"). Additional information regarding our ministry can be found at […] Please read these Terms of Service (the "Terms") carefully because they govern your use of our Services (as defined below). By using our Services, you agree to be bound by these Terms, with your agreement being further specified in Section 2. Please contact us with any questions at […].

1. Description of Services

1.1. The "Service(s)" means […] smartphone application software (including our mobile device application ("App"), ("Software") and all of Our Content (as defined below)). The Service does not include Your Data (as defined below) or any software application or service that is provided by you or a third party, which you use in connection with the Service, whether or not […] designates them as official integrations (each a "Non-[…] Product"). Any modifications and new features added to the Service are also subject to these Terms. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to […], including the rights to any text, graphics, images, music, software, audio, video, documents, works of authorship of any kind, de-identified and aggregated data collected by the Services, and information or other materials that are posted, generated, provided or otherwise made available by us through the Services ("Our Content").

1.2. The Service warns users, if they have been at risk to have interacted with a person that has been infected with a contagious disease (e.g. COVID-19). In addition, the Service allows users to report if they have tested positive on a contagious disease themselves.

2. Agreement to Terms

BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS INCLUDING ANY POLICIES OR OTHER TERMS REFERENCED IN OR INCORPORATED BY THESE TERMS (SUCH AS THE DATA PRIVACY STATEMENT. BY ACCEPTING THIS AGREEMENT, SIGNING UP FOR AN ACCOUNT (AS DEFINED BELOW) OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

3. Your Access and Use of the Services

3.1. You may access and use the Services only for lawful, authorized purposes and you shall not misuse the Services in any manner (as determined by […] in its sole discretion). See Section 11 below for further provisions outlining prohibited uses of the Services. You shall comply with any codes of conduct, policies, or other notices […] provides you or publishes in connection with the Services from time to time, but if any of those policies materially change the Terms, we will provide you with reasonable notice as provided in Section 7 below.

3.2. Any Software or any of Our Content that may be made available by or on behalf of […] in connection with the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to these Terms, […] only grants you a personal, non-sublicensable, non-exclusive and revocable license to use the object code of any Software solely in connection with the Service. Any rights not expressly granted herein are reserved.

3.3. Subject to your compliance with these Terms, […] grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to download and install a copy of the App on a smartphone that you own or control and to run such copy of the App. […] reserves all rights in and to the App not expressly granted to you under these Terms.

3.4. You may not share your Account information with, or allow access to your Account by, any third party. You are solely responsible for all activity that occurs under your access credentials, whether or not a third party accesses your Account.

3.5. You may not sell, resell or lease the Services unless you have entered into a separate agreement with […] to do so.

3.6. You shall promptly notify […] if you learn of a security breach related to the Service.

3.7. When using the Service 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 Service’s database for any purpose without the express prior written permission of […].

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

 

4. Your Data, Your Privacy, Your Ownership of Your Data, and Licenses for Our Use of Your Data

4.1. "Your Data" means any data and content you create, post, upload, transmit or otherwise make available via the Services (which may include data you elect to import from Non-[…] Products you use). "Your Data" includes encounters with other users of the App, location coordinates that are collected, profile information and anything else you enter or upload into the Service. […] will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security. For more information on our current practices and policies regarding data privacy, security and confidentiality, please see our Data Privacy Statement; we keep that document updated as these practices and policies evolve over time.

4.2. Your acceptance of these Terms does not grant us full ownership of all of Your Data. As between […] and you, you are only granting us the rights and licenses necessary to provide our Services to you and any other services for which you have signed up through any of our business partners. In order for us to provide the Services to you, we need to be able to transmit, store and copy Your Data in order to display it to you and to those with whom you share it or you authorize us to share it, to index it so you are able to search it, to make backups to prevent data loss, and so on.

Your acceptance of these Terms grants us any such rights and licenses necessary to provide the Service to you, and any other services or products for which you have signed up through any of our business partners. For example, if you have agreed to share any of Your Data, or any other data we collect in connection with your use of the Services, with one of our partners or affiliates or other third party, you grant us the rights and licenses to share or deliver such data. This permission includes allowing us to use third-party service providers in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided.

If you authorize a third party to receive Your Data, via our Services, email, agreement, or other form of consent, we may provide Your Data to a third party. If we have an agreement with such third party to reuse the Services or otherwise provide services or products to you, either jointly or separately, we may rely on a representation from that third party that you have authorized such third party to receive Your Data. When you choose to share Your Data with a third party, we are no longer responsible for Your Data or such third party's use of Your Data.

For clarification purposes, you grant us the necessary licenses to Your Data for us to create aggregated and/or de-identified data for our use in providing the Services and otherwise. Notwithstanding anything else in these Terms, we may use and sell such aggregated and/or de-identified data, which is compiled from our users, and does not directly identify you, for any purpose we see fit.

Please see the Data Privacy Statement for further information on how we may use Your Data.

4.3. You are solely responsible for your conduct and the content of Your Data. You represent and warrant that you own all Your Data or you have all rights that are necessary to grant us the license rights in Your Data under these Terms. You also represent and warrant that neither Your Data, nor your use and provision of Your Data, nor any use of Your Data by […] on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We are not responsible for the accuracy, appropriateness, or legality of Your Data. Should you be in violation of these Terms, we have the right to remove any of Your Data causing such violation.

5. Your Feedback

While you retain ownership in all rights to your feedback and suggestions, you agree that by submitting suggestions or other feedback regarding our Services or […], […] may use such feedback for any purpose without compensation to you. We appreciate all of your feedback and suggestions, and you can submit feedback by emailing us at […].

6. Children’s Online Privacy Protection Act

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register or sign up for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at […]

7. Changes and Modifications to Terms of Service

We may modify these Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the modified Terms because if you continue to use the Services after we've let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms then you may no longer use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

8. Who May Use the Services

8.1. You may use the Services only if you are […] years or older and capable of forming a binding contract with […] and are not barred from using the Services under applicable law.

8.2. If you want to access and use the Services, we'll have to create a User-ID ("User-ID"). This is done automatically via the Services. When you submit any data, it is important that you provide us with accurate, complete and up-to-date information, including the fact that you have officially been tested positive for a contagious disease (COVID-19), and your phone number. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your User-ID to anyone and you'll notify us immediately of any unauthorized use of your User-ID. You're responsible for all activities that occur under your Account, whether or not you know about them.

8.3 You are in possession of a sound functioning smartphone. The smartphone must be switched on and allow data connections in the geographical area in which you intend to use the App. You must enable the app to access the required functions of the smartphone and activate Bluetooth, Notifications, and GPS on the smartphone, otherwise the correct use of the app is not possible. You will activate the App when interacting with other people and, If you are using an Apple iPhone, you will also bring the App into the foreground. 

9. Third-Party Products

We do not warrant any third-party products or support, even if included with other products. Any third-party products ordered from us or a reseller are provided by us are as-is and without warranty of any kind, and we are not liable or responsible for any service interruptions or failures caused by use of any third-party products with the Services. The third-party product manufacturers or suppliers may provide their own warranties and in that event the customer shall rely upon such other manufacturers' or suppliers' applicable warranties.

10. Data Privacy Statement

Please refer to our Data Privacy Statement or information on how we collect, use and disclose information from our users.

11. General Prohibitions

11.1. You further agree not to do any of the following:

11.1.1. Post, upload, publish, submit or transmit anything that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

11.1.2. Use, display, mirror or frame the Services, or any individual element within the Services, […]'s name, any […] trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without […]s express written consent;

11.1.3. Access, tamper with, or use non-public areas of the Services, […]'s computer systems, or the technical delivery systems of […]'s providers;

11.1.4. Attempt to probe, scan, or test the vulnerability of any […] system or network or breach any security or authentication measures;

11.1.5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by […] or any of […]'s providers or any other third party (including another user) to protect the Services;

11.1.6. Attempt to access or search the Services or download any Software or Our Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by […] or other generally available third-party web browsers;

11.1.7. Use any meta tags or other hidden text or metadata utilizing a […] trademark, logo, URL or product name without […]'s express written consent;

11.1.8. Use the Services for the benefit of any third party or in any manner not permitted by these Terms;

11.1.9. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

11.1.10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

11.1.11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

11.1.12. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

11.1.13. Impersonate or misrepresent your affiliation with any person or entity;

11.1.14. Violate any applicable law or regulation; or

11.1.15. Encourage or enable any other individual to do any of the foregoing.

11.2. Although we're not obligated to monitor access to or use of the Services or to review or edit any of Services or Your Data, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of Our Content or Your Data, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of Our Content or Your Data to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

12. Additional Terms for Apple Apps

These Terms apply to your use of all the Services, including the iPhone and iPad applications available via the Apple, Inc. ("Apple") App Store (each an "App Store App"), but the following additional terms also apply to App Store Apps:

(i) Both you and […] acknowledge that the Terms are concluded between you and […] only, and not with Apple, and that Apple is not responsible for App Store Apps or the Content;

(ii) The App Store Apps are licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;

(iii) You will only use the App Store Apps in connection with an Apple device that you own or control;

(iv) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Apps;

(v) In the event of any failure of the App Store Apps to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the App Store App;

(vi) You acknowledge and agree that […], and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App Store App;

(vii) You acknowledge and agree that, in the event of any third party claim that the App Store App or your possession and use of the App Store App infringes that third party's intellectual property rights, […], and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

(viii) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

(ix) Both you and […] acknowledge and agree that, in your use of the App Store App, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and

(x) Both you and […] acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

13. Termination

13.1. These Terms will continue in full force and effect unless and until your User-ID or these Terms are terminated as described herein.

13.2. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your User-ID at any time by sending an email to us at […]. Upon any termination, discontinuation or cancellation of Services or your User-ID, all provisions of the Terms that should, by their nature, survive termination of this Terms will survive termination. Such provisions include, but are not limited to: Your Data, Your Privacy, Your Ownership of Your Data, and Licenses for Our Use of Your Data; Disclaimers; Indemnity; Limitation of Liability; Arbitration Agreement, Dispute Resolution and Release; General Terms; and provisions related to ownership.

13.3. All accrued rights to payment shall survive termination of the Terms.

13.4. Notwithstanding Section 13.2, please be aware that once your Account has been terminated, we no longer have any obligation to maintain or provide Your Data, and we may delete or destroy all copies of Your Data in our possession or control, unless legally prohibited.

14. Disclaimers

14.1. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, IF APPLICABLE TO YOU, THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. […] EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY THIRD PARTY. Except with respect to the limited warranty contained herein, we make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of the Services or anything shared by any users of the Services.

14.2. You are solely responsible for your interactions with other users on the Services. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Services.

14.3. Neither […] nor its affiliates or licensors is responsible for the conduct of any user of […]'s Services. Your use of the Services and your use of Your Data in connection with the Services and performance of and participation in any professional services is at your sole risk and discretion and […] hereby disclaims any and all liability to you or any third party relating thereto.

14.4. Third-Party Services, Wireless Providers, GPS Coverage, Smartphone Functionality. You or we may use a third-party provider (i.e., neither you nor us) for connectivity and/or other services associated with […]’s Services, such as cellular and wireless connectivity. […] cannot and does not guarantee uninterrupted or continuous service or specific area coverage and is not responsible for downtime or loss of use of the Services caused by the third-party provider's lack of provision of such services. Furthermore your smartphone, its operating system, or the settings within may cause the App to not working properly. 

YOU UNDERSTAND AND AGREE THAT YOU: (1) HAVE NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE CARRIERS, (2) ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN US AND THE UNDERLYING CARRIERS, (3) THAT THE UNDERLYING CARRIERS HAVE NO LIABILITY OF ANY KIND TO YOU, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, (4) THAT MESSAGES OR DATA TRANSMISSIONS MAY BE DELAYED, DELETED OR NOT DELIVERED, AND 911 CALLS MAY NOT BE COMPLETED, AND (5) THE UNDERLYING CARRIERS CANNOT GUARANTEE THE SECURITY OF WIRELESS TRANSMISSIONS AND WILL NOT BE LIABLE FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICES.

15. Limitation of Liability

15.1. NEITHER […] NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT […] HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

15.2. IN NO EVENT WILL […]'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE GREATER OF (A) ONE HUNDRED GEORGIAN LARI (GEL 100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN […] AND YOU.

15.3. Any cause of action related to the Services or the Terms must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is barred permanently.

15.4. Force Majeure. […] shall not be responsible for failure or delay of performance if caused by an act of nature, war, hostility or sabotage; an electrical, internet, or telecommunication outage that is not caused by […]; government restrictions; or other event outside the reasonable control of […]. […] will use reasonable efforts to mitigate the effect of a force majeure event. 

16. Indemnity

16.1. You will indemnify, defend and hold harmless […] and its officers, directors, employees, agents, and suppliers from and against, and covenant not to sue them for any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Our Content; (ii) Your Data; (iii) your performance of or participation in professional services in connection with your use of the Services or Our Content; or (iv) your violation of these Terms. […] reserves the right to control and conduct the defense of any matter subject to indemnification under these Terms. If […] decides to control or conduct any such defense, you agree to cooperate with […]'s requests in assisting […]'s defense of such matters.

17. General Terms

17.1. Integration. These Terms and the Data Privacy Statement constitute the entire and exclusive understanding and agreement between […] and you regarding the Services, and supersede and replace any and all prior oral or written understandings or agreements between […] and you regarding the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

17.2. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without […]'s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. […] may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

17.3. Governing Law. The Terms and the relationship between you and […] shall be governed by the laws of the Republic of Georgia.

17.4. Notices. Any notices or other communications provided by […] under these Terms, including those regarding modifications to these Terms, will be given by […]: (i) text message; or (ii) by posting to the App. The date of transmission will be deemed the date on which such notice is transmitted.

17.5. Waiver and Severability. […]'s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of […]. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If any of these Terms is unenforceable, it will not affect the enforceability of the rest of the Terms.

18. Contact Information. If you have any questions about these Terms or the Services please contact us at […] or at […].

ეს სათარგმნი გვექნება თუ თქვენ გადაწყვეტთ რომ ქართულადაც იყოს ჩამოქაჩვის დროს და დახმარება დაგვჭირდება თარგმნაში.

 

 

 

პატივისცემით,

 

მიხეილ ჯანიაშვილი

 

CIO

MolHSA