Last updated: December 2023
These Terms of Service, which we'll refer to simply as the "Terms," set out the rules by which you may use our Services. The Terms explain how our Services work and provide you with a list the "dos and don'ts" when using them. These Terms are more than just rules, though – they form a legally binding contract between us and you that you accept when clicking on the box marked "I agree" and/or continuing to use our Services. Please read through this document carefully and make sure these Terms are acceptable to you. If you don't agree to any of these Terms, do not click "I agree" and do not continue using the Services. If you have any questions, please don't hesitate to contact us at info@mobilephysics.com.
1.1. Key Terms.
1.1.1. We are Mobile Physics Ltd. and we'll refer to ourselves as "Mobile Physics," "us," "our," or "we." Our offices are located at 9 Moshe Wilensky, Kfar Saba, Israel,, and our registration number is 516024338.
1.1.2. When we use the term "you," we mean anyone using our Services.
1.1.3. When we refer to our "Site" we refer to our informational site located at https://www.mobilephysics.com/ and any social media accounts that we run. When we refer to our "App" we are referring to our Envirometer/Mobile Physics mobile apps. When we refer to our "Services," we mean any services available on the Site and/or App which provide real time environment monitoring enabling users to understand their exposure to various conditions and influences their health and well-being decisions.
1.2. Privacy. When you use our Services, we collect Personal Data (as defined in the Privacy Notice) about you. Check out our Privacy Notice at mobilephysics.com/Privacy-Policy for details about the types of Personal Data we collect, what we do with it, the security measures we use to keep it safe, and the rights you have regarding your Personal Data.
1.3. Changes to these Terms. We may update these Terms from time to time and will post the updated version on this page with the date it was published. Please check this page occasionally to make sure you're aware of the Terms that apply to you. If you continue to use our Services after we update the Terms, that means that you agree to and accept the updated version.
2. Our Services. Subject to these Terms, Mobile Physics allows you to use the Services on a non-exclusive basis for your own purposes.
3. User Accounts
3.1. In order to use the Services, you will need to create an account. You can also register by logging in through your Google account. You may only do so if that the third-party account is yours and you have the right to use that account with our Services.
3.2. Mobile Physics offers different plans to suit your needs. Upon registration, you can choose the plan that best fits your needs. Different plans offer different features and scopes, which are all described in detail on our Site/App at mobilephysics.com. If you wish to change your plan, your new plan will take effect starting the following month. Mobile Physics may modify or discontinue the Services and plans at any time, however, we will notify you of any material changes that may affect you.
3.3. Subject to applicable law, Mobile Physics may refuse to open an account for any individual at its sole discretion.
3.4. You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for all activity on your account, even if that activity was not actually performed by you. To the fullest extent permitted by applicable law, Mobile Physics will not be responsible for any losses or damage arising from unauthorized use of your account. While we reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services, we cannot guarantee that we will learn of or prevent any inappropriate use of the Services.
4.1. Mobile Physics offers its basic Services for free, however, you may upgrade to a premium account for a fee to receive additional features and services. The details of each service, including the features offered and the pricing, are listed on the Site/App at mobilephysics.com. If you wish to change your plan, your new plan will take effect starting the following month. Mobile Physics may modify or discontinue the Services at any time, however, we will notify you of any material changes that may affect you .
4.2. In exchange for using our Services, you agree to pay Mobile Physics the fees specified on the Site and/or App in accordance with the plan for which you have registered. Payments shall be made on a monthly basis, in advance of the applicable month. Late payments bear interest at the rate of 1% per month. Except as expressly provided in these Terms, fees, including prepaid fees, are non-refundable.
4.3. Taxes. Where applicable, taxes, including VAT, may also be charged. If payments are subject to tax withholding, the amount to be withheld will be added to the fees charged.
4.4. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing the use of that service. Please review the payment processor's terms and conditions and privacy notice before using such services.
5.1. You may not do or attempt to do or allow a third party to do any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the code or software used to provide the Services, including framing or mirroring the Services; (2) copy, modify, or distribute the Services in any manner not permitted by these Terms; (3) circumvent or interfere with security-related features of the Services or features that restrict unauthorized use of or access to any Content (as defined below); (4) use any robot, spider, site search or retrieval application, or any other process to retrieve, index, and/or data-mine the Content or circumvent the navigational structure of the Services in any other way; (5) use another's account without permission; (6) remove, alter, or conceal any copyright, trademark, service mark or other such notices incorporated in the Services; and (7) use the Services in any manner not permitted by applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws or use in countries subject to sanctions under applicable law. We may provide certain materials, such as reports through the Services. "Content" means any content available through the Services, including reports and Recommendations as defined below.
5.2. You may not use our Services if doing so is unlawful. We will cooperate with any law enforcement authorities or court orders requesting that we disclose the identity and/or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
6.1. Your Representations. By accepting these Terms, you represent that: (a) you are at least 18 years old and have the ability to form a binding contract; (b) your use of the Services will not violate any applicable law or any obligation you have to a third party (c) all the registration information you submit is and will remain truthful and accurate; and (d) you have the right to provide us with the phone numbers of your contacts. You also undertake that you will use the Services in compliance with applicable law at all times, including all applicable export laws to ensure that neither the Services nor any related materials are unlawfully exported.
7. Intellectual Property
7.1. Our Property. We retain all worldwide intellectual property rights, title, and interest in our Site and/or App, our Services, including its overall appearance and any text, graphics, designs, videos, interfaces, and underlying source files of the Services, any Content we provide, and our name, trademarks, and logos. In some cases we have gotten the right to use certain elements from others as part of our Services and in that case, those elements are owned by their respective owner/s. Even though we're allowing you to use our Services, that doesn't mean that we're transferring ownership or any other rights to you or that we're allowing you to use our name, any trademarks, logos, or similar property as your own.
7.2. Feedback. If you provide us with any feedback regarding our Services, you agree that we may use it and share it freely.
8. Confidential Information. When you use our Services, we may have access to some non-public or confidential information about the Customer ("Confidential Information"). We take the security of your Confidential Information seriously and undertake to keep it confidential. We will not use or disclose the Confidential Information except as permitted in these Terms, such as in order to provide you with the Services or to further our business relationship with the Customer. Please note that Confidential Information does not include information that was rightfully in our possession or in the public domain, free of any obligation of confidence, at or subsequent to the time you shared the Confidential Information with us or which we developed independently without use of, or reference to, any Confidential Information. We may disclose Confidential Information if we're required to comply with applicable law and/or a court order and, in such case, we will notify you, if we are permitted to do so.
9.1. You agree to indemnify, defend, and hold harmless Mobile Physics, its affiliates, and their respective directors, officers, employees, subcontractors, and agents from and against any claim, damage, or loss, including reasonable court costs, attorneys' fees, and any fines that may be incurred, that arise directly or indirectly from your: (a) breach of these Terms, including any of your representations or warranties, whether by you or by anyone using your account or device, and whether or not that use was authorized by you; (b) use or misuse of the Services; (c) claims by your contacts; (d) violation of any law or regulation, including breach of applicable data protection laws; and (e) infringement of any right of any third party.
9.2. We agree to indemnify, defend, and hold you harmless from and against any claim, damage, or loss or loss, including reasonable court costs, attorneys' fees, and any fines that you may incur in connection with any actual or threatened claim, demand, action or other proceeding by any third party arising from or relating to a claim that the Services, as delivered, infringe any patent or copyright or misappropriate any trade secret, provided however, that we shall have no responsibility or liability for any claim to the extent resulting from or arising out of (a) the use of the Services not in compliance with these Terms or applicable law; (b) the combination of the Services with any services that we did not provide; (c) the modification of the Services by any party other than us; or (d) the use of any version of the Services that is not the most up-to-date version.
10.1. Our Services may provide you with various tools such as monitoring, warning, alarms, recommendations and/or reports ("Recommendations"). While we strive to provide useful and exact Recommendations, we cannot guarantee that the Recommendations will always be useful, pertinent, precise or timely. The Services and/or Recommendations may not capture all hazards or provide real-time information in every instance. Environmental conditions and other factors may affect the App's ability to accurately detect hazards. We do not know your medical history and as such cannot tailor our Recommendations to your medical needs. In the provision of the services, we rely upon various information provided by third parties and we cannot accept any liability whatsoever in respect of any content or information provided by third parties. The information provided by the App is not intended to replace professional advice, including but not limited to emergency services, government agencies, or other relevant authorities. Users are encouraged to exercise their judgment and seek professional, medical or emergency assistance when necessary. You should always check the Recommendations to ensure its accuracy. Please call first responders for assistance with any emergency. Users acknowledge that they are responsible for their own safety and should not solely rely on the App and/or Recommendations for critical decisions. Any actions taken by you are taken at your sole risk and we will not accept any liability in respect thereof.
10.2. OTHER THAN THE WARRANTIES MADE EXPLICITLY IN THESE TERMS, WE DO NOT MAKE ANY ADDITIONAL WARRANTIES (IMPLIED, STATUTORY, OR OTHERWISE) ABOUT THE SITE AND/OR APP, SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION THAT THE SERVICES WILL BE OF GOOD QUALITY, USEFUL FOR YOUR SPECIFIC NEEDS OR ANY PARTICULAR PURPOSE, ACCURATE, ERROR-FREE (OR THAT ERRORS WILL BE CORRECTED), RELIABLE, SECURE, COMPLETE, NON-INFRINGING, OR THAT THE SERVICES WILL BE PROVIDED IN A TIMELY MANNER. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS.
10.3. We cannot control the functionality of services provided by third parties and assume no responsibility for any telephone or network line failure or interruption, or traffic congestion on the Internet or on the Services themselves. We cannot control the actions of bad actors and do not guarantee that we will successfully prevent unauthorized access to or alteration of the Services.
10.4. Users. We cannot anticipate or control the actions or inactions of anyone else, including our clients, users, or unauthorized users. Therefore, we disclaim all liability, regardless of the form of action, for the acts or omissions of any and all users (including unauthorized users), that are not solely due to our gross negligence or willful misconduct.
10.5. Data Retention. We are not a data retention service. It is your sole responsibility to back up any data you provide to us. If data you provide to us is lost or corrupted for any reason, we shall not be responsible for any damage or loss you experience if you are unable to recover that data.
10.6. Third-Party Content. Our Site and/or App may provide you with links (including ads) to third-party sites, apps, and/or services. We make no promises regarding and are not liable for the content, goods, or services provided by such third parties, including any payments submitted through such links. We also cannot make any promises about and are not liable for another party's data protection policies. When you click on any of these links, you do so at your own risk. We urge you to exercise caution when using third-party services.
10.7. In light of the above, you understand that using the Services entails some degree of risk. When you choose to use the Services, you do so at your sole discretion and risk. Some jurisdictions do not allow the exclusion of certain warranties and therefore some of the above exclusions may not apply to you. Check your local laws for any restrictions regarding the exclusion of implied warranties.
11. Limitation of Liability
11.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOBILE PHYSICS (AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, OR SUBCONTRACTORS) SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS THAT IS NOT A DIRECT RESULT OF YOUR USE OF THE SERVICES. THIS INCLUDES ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT MOBILE PHYSICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Term and Account Termination
12.1. Term. These Terms will take effect when you accept them and/or first use the Services and shall continue in full force and effect until they are terminated in one of the ways described below.
12.2. How to Terminate Your Account. You may request to terminate your account (and, by association, these Terms) at any time by sending an email to info@mobilephysics.com. We will process your request promptly after receiving your notice.
12.3. Termination by Mobile Physics. We reserve the right to suspend or terminate your account (and, by association, these Terms) at any time and for any reason by providing three days' prior notice. We also have the right to suspend or terminate your account (and, by association, these Terms) immediately if: (i) you violate the letter or spirit of these Terms; (ii) you engage in fraudulent, abusive, or illegal behavior or harass or harm other users, third parties, or our business interests; or (iii) you fail to pay any fees you are required to pay, including if you initiate a chargeback. If your account is terminated, you may not rejoin by opening a new account without our permission.
12.4. Even if your account is terminated, you will still be bound by the sections of these Terms which, by their nature, are meant to survive termination.
13. Force Majeure. Neither party will be liable for any default or delay in its performance of its obligations under this Agreement to the extent caused by a natural disaster, act of God, act of war or terrorism, riot, third-party labor strike, pandemic, or other similar occurrence beyond its reasonable control, provided that the affected party makes all reasonable efforts to comply with its obligations despite the occurrence. The affected party shall, as soon as reasonably practicable, notify the other party of the occurrence. It is clarified that payment obligations hereunder may be delayed due to a force majeure event but will not be excused.
14. Notices. To provide an official notice in accordance with these Terms, either we or you may send a notice by courier, registered mail, or by email to the addresses we provide each other. Either party may assume its notice has been received one after: (1) business day following delivery by courier, four (4) business days following delivery by registered mail, and one (1) business day after email transmission.
15. General. These Terms constitute the entire agreement between us and you regarding our Services, and any and all other agreements existing between us regarding the Services are hereby terminated. We may assign our rights and obligations in these Terms to any third party. You may not assign any of your rights or obligations in these Terms to anyone else and any attempt to do so will be void. If either party waives any rights regarding any breach or default of these Terms, that waiver shall not be deemed to waive any other breach or default. The courts in the State of Israel shall have exclusive jurisdiction over any disputes regarding these Terms. The laws of the State of Israel shall govern these Terms without regard to the United Nations Convention on the International Sales of Goods. In the event that a court rules that a provision of these Terms is unenforceable, that provision shall be replaced with an enforceable provision which most closely achieves the effect of the original and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between us and you, and nothing in these Terms enables you to act on our behalf.
