Emilon Terms of Service
Last updated Sep 8, 2022
The “Emilon” platform is owned by The Insight Company (2018) Ltd (“Our”, “We”, or “Us”). The Insight Company (2018) Ltd. provides the services described below to you (“Services”).
Our Services
Connecting with Others - Emilon is a platform designed to make it easy and efficient for you to connect with other Emilon users. Emilon users can connect through group chat, by sending each other voice messages, by sharing their profile image and status, or by sharing images and files with each other.
Widgets - Emilon customers can attach widgets (small apps) to their groups to add the functionality and services that best suit their group tasks or culture. Widgets might include a group calendar, task manager, photo album, contact book, and many more. They might be created by Us or by a third party. When using a third-party Widget, some of the information you share might be stored or used by that third-party service provider. Though We will strive to protect you in our contracts with these third-party service providers, the use of a third-party Widget will be governed by their own terms and conditions, and not Ours.
We will only use your email address and phone number for login or account recovery purposes, as well as sending important notifications (such as updates to this privacy policy). We will never send you advertising, marketing, or badger you about logging back into the system.
Your Privacy and Wellbeing - Emilon is designed with your privacy and wellbeing in mind. You choose what to share and how to share it. We do not and will not use your personal information to sell to advertisers or push you ads of any kind. With Emilon, you are the customer. Not the product. You can read more about how we protect your privacy in our Privacy Policy
Improving Our Services - We will gather general or system information on how you use our platform in order to improve it. This might include general information about your device or patterns of use, for instance. It will not include any personal or identifying information about you. For example, we might measure how many of our users choose to upload a profile image, but never use or share the image itself with anyone without their consent.
Security - We take security very seriously, and so reserve the right to defend the platform and its users from abuse by restricting or denying it from those who violate our Terms. Users who act in a way that is contrary to our Terms of Service, our policies, or that is harmful to others, We may take the appropriate action including removing such people from the platform.
Global Access - We strive to provide access to the “Emilon” platform throughout the world, and in different regions and countries. To do so, we might have to store and distribute your content or information on servers or data centers outside your country of residence. The infrastructure for storing this information may be owned by third-party service providers (such as Amazon Web Services, for example).
Registration - When you register on the Emilon platform we require some information. Specifically, we request you select a username (it does not have to be your real name), type your email address, and your phone number. You confirm that this information is your own and is accurate. We might send you messages for Login or other purposes (such as updates to these Terms and Conditions, for example). If you change this information (in your profile page) you agree to have these messages sent to the updated contact information.
Contact Address Book - Our platform allows you to find and invite people you know to use Emilon using your phone’s Contacts Address Book. If permitted by applicable law, we might view your contacts, whether they are members of the Emilon platform or not. We will do so only for the purposes of allowing you to view, select, and invite these contacts, as well as displaying their information to you on our platform (such as their profile image, name, or phone number) We will not use these contacts for any other reason and will not share it with anyone else.
Your Age - You must be at least 13 years old to register to use our Services (or such greater age required in your country or territory for you to register for and use of our Services without parental approval). If you live in the European Economic Area or the UK, for example, you must be at least 16 years of age to use our Services. We provide those below the required age with parental approval options that include the parent's ability to review or manage content in their child’s account.
The Hardware and Software You Use - In order to use our services, you will require certain hardware and software (for example a supported mobile device, operating system, and internet connection). Without these, we will not be able to provide you with our services. Once you install our software, you consent to manually or automatically downloading and installing updates for said software.
Taxes and Fees - Using our services will typically require storage space (either on a device or on a server) and an internet connection. We are not responsible for any fees or payments you might be required to pay to data carriers, internet providers, taxes, or any other fees that might result from your use of our services. You are solely responsible for these fees.
Privacy Policy and User Data
Emilon is designed from the ground up with data transparency and fair use in mind. In short, we will never share or sell your data to a third party without your direct and timely consent. A full description of the ways we guarantee your privacy and manage your information can be found in our Privacy Policy.
How You Can Use Our Services
Terms and Policies
Using our services means you agree to do so according to our terms of service. Any violation of these terms of service might result in us taking action with respect to your account. Such action may include, but is not limited to, suspending, disabling, or deleting your account. If such action is taken, you agree not to create another account or access our services under different contact details, without our prior written permission.
How You can use our Services Acceptably
Any access you are given to our services is for legal, authorized, and acceptable purposes only. You may not use our services, and you may not help others use our services, in ways that: (a) infringe on the rights of Emilon (The Insight Company (2018) Ltd.), other users of our services, or other third parties, including their privacy or intellectual property rights; (b) are illegal, defamatory, threatening, intimidating, harassing, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (c) involve unreasonably publishing information that is false or misleading; (d) Impersonating another person or user; (e) involve sending illegal or impermissible communications such as spam, bulk or auto-messaging, bots, and the like; (f) or involve any use of our services that is not personal by you, unless otherwise authorized to do so in writing by us.
Harming Us or Other Users
You may not, directly or indirectly, use our services to harm, burden, or impair Emilon services or its users. This includes, but is not limited to, modifying, sublicensing, or exploiting our services in any other ways other than those acceptable by relevant law or these terms and conditions. You may not (a) extract code, reverse engineer, alter or modify, or create derivative works from our services; (b) send, store, or transmit viruses or other harmful code from, through, or onto our services; (c) gain unauthorized access to our systems or services; (d) disrupt the security, confidentiality, integrity, availability, or performance of our services; (e) create unauthorized accounts or accounts using unauthorized means; (f) unlawfully collect information about our users, or collect information in an impermissible manner, (g) sell, resell, rent, or charge for our services or data obtained through us or our services in an unauthorized manner; (h) create software that functions and offers services that are significantly similar to our services, and offer them for use by third parties in an unauthorized way; (i) abuse reporting and help service channels by sending mass or fraudulent complaints or reports.
Premium Groups
Emilon allows its users to create groups, connect with others, and share content for free. Emilon also offers its users a premium group service which includes additional functionality, widgets, and cloud storage for groups. By activating a premium group you authorize recurring monthly payments, which will be made to us using the payment method you selected until the subscription is canceled by either you or us.
If your payment method is declined, you must provide new payment information or your premium groups will lose premium status. If payment is not restored over a 1 month period, all group data that might be stored on our servers could be deleted. You will be charged once per month, for every active group with premium status enabled, and any additional storage purchased within the system.
Deleting the Emilon app from your device will not cancel your subscriptions. To cancel a premium group, simply enter the relevant group settings page and uncheck the premium option. The full monthly payment for a premium group will be required as long as the premium option has been activated for at least 5 days in a month.
If you use the Emilon system in a way that requires payment, you will be asked to supply your payment details in order to complete the transaction. Emilon (The Insight Company (2018) Ltd.) does not process or store your payment information. When making a payment, payment information will go directly to a third-party payment provider for processing. Your details will at no point be kept on our servers.
Payment providers are completely separate from Emilon. Your transaction will be subject to their separate terms of service and privacy policies. If you save your credit card information, it will be saved on the payment provider’s servers and Emilon will be given a ‘Token’ so that you can use payments easily in the future. We have no way of reconstructing your payment information or credit card details from this Token.
You can erase all of your information from the Emilon system at any time. Doing so will also erase your payment token as well.
Account Security
We provide you with the tools for logging into Emilon securely and simply. You bear full responsibility for keeping your devices, email accounts, and passwords secure with regard to the Emilon system. In any case of a breach in your security or unauthorized entry into your account, please let us know immediately.
Third-Party Serviced
While using the Emilon services you might come into contact with third-party services both inside and outside the platform. For example, you might use third-party cloud services to backup your information, use a quick share icon on a third-party website, or attach a third-party widget to your group. These Terms of Service and our Privacy Policy apply only to our services. Third-party services, whether used on our platform or outside of it, will be governed by their respective terms of service.
Licenses
The Rights to Your Information
We do not claim any ownership and have no intellectual property claim over the information you post while using our services, though this information must be owned by you. Any content you post that you do not have intellectual property rights to will be posted at your own risk.
Our Rights
We (The Insight Company (2018) Ltd.) own all intellectual property, copyrights, trademarks, domains, logos, trade secrets, and other intellectual property rights associated with our services. No use of our intellectual property can be done without our written permission. Such permission might be given, in some cases, through an open brand guidelines document or other such documents.
The license You Give Us
In order to properly offer you our services, we require agreement, by you, allowing us to store, display, and curate your content. You grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information that you upload, submit, store, send, or receive on or through our Services. This license will be used solely for the purpose of maintaining the proper function of our services and will never be used for marketing purposes or sold to third parties.
The license We Give You
We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Disclaimers and Release
YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD-PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “EMILON PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, DISPUTE, OR DAMAGES (TOGETHER, “CLAIM”), KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD-PARTIES. YOUR RIGHTS WITH RESPECT TO THE WHATSAPP PARTIES ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OR TERRITORY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT.
Limitation of Liability
THE EMILON PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES (HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE), EVEN IF THE EMILON PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE WHATSAPP PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
In any case where anyone brings a claim (“third party claim” against The Insight company (2018) Ltd. related to your actions on or use of our services), including but not limited to content you posted or uploaded, you will indemnify, to the fullest extent permitted by applicable law, and hold us harmless from and against any liabilities, damages, losses, or expenses of any kind, including legal fees, relating to any of the following: (a) your access to or use of our services; (b) any breach of our Terms of Service or applicable law by you; (c) or any misrepresentation made by you either to us or on our platform. You will fully cooperate with us in the defense of any Third Party Claim against us as a result of your actions. This indemnification will only apply to you to the extent that it does not conflict with applicable law in your territory or country of residence.
Dispute Resolution
Governing Law
You agree that for any claim you bring against us that relates in any way to these terms of service, and for any claim or cause of action that we (The Insight Company) might bring against you (each a “Dispute” and together “Disputes”) will be resolved solely and exclusively in a competent Israeli court in Tel Aviv. The laws of the state of Israel will govern any such claim or cause of action without regard to conflict of law provisions.
Time Limit to Bring a Claim or Dispute
THESE TERMS ALSO LIMIT THE TIME YOU HAVE TO BRING A CLAIM OR DISPUTE, INCLUDING THE TIME TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION OR SMALL CLAIMS PROCEEDING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. We and you agree that for any Dispute. We and you must bring Claims (including commencing an arbitration proceeding) within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not bring a Claim (including commencing an arbitration) within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.
Availability and Termination of Our Service
Availability of our service
At any time, an effect beyond our control might delay or disable our services for a period of time. Moreover, we are always working to update, upgrade, or expand our services, as well as streamline them for relevant devices. This may result in us expanding, reducing, adding, or removing services. We may, from time to time, add or remove support from certain devices and platforms, as well as change or modify services offered by third-party providers.
Termination
You can terminate your relationship with us at any time. In your Data Settings page (found in the user menu) you will be able to view all of your data or delete your account (which will also delete all of your information). Both options are clearly marked and simple to find.
That being said, we hope you stick around.
We might suspend, terminate, or modify your access to our services at any time and for any reason at our full discretion. This might happen due to a breach of the letter or spirit of these Terms of Service, harm or risk us or other Emilon users, or others. We might also disable your account if it has either failed to become active after initial registration or has remained inactive for a significant period of time. The following provisions will survive the termination of your relationship with us: "Licenses," "Disclaimers And Release," "Limitation Of Liability," "Indemnification," "Dispute Resolution," "Availability And Termination Of Our Services”.
In the state of Israel, the Cancellation of a transaction will be in accordance with the Consumer Protection (Cancellation), Htsa"a -2010 and Consumer Protection Act, 1981.
Other
These Terms of Service make up the entirety of the agreement between You and Us, and supersedes any other prior agreement unless a separate, mutually executed agreement between us has stated otherwise.
Our services are not intended to be used or distributed in any country or territory where it might violate local laws or regulations. We reserve the right to disable our services in any country or territory.
Our Terms of Service are written in English. We might provide translations to the Terms of Service for convenience, however, in case of any conflict between the English version and other translations, the English version will control.
We may update or amend these Terms of Service at any time. Whenever we do so, we will send you clear and timely notice of any material changes made. We will indicate the “Last Modified” date at the top of the document. Your continued use of our services will confirm that you accept our terms as amended. To be clear, if you do not agree to these Terms of Use at any point, you must immediately stop using our services by deleting your account.
In case ownership of the Emilon platform might be transferred to another company or entity, either by its acquisition, merger, restructuring of assets, or by operation of law, we may transfer your information to the new entity. In any case, these Terms of Service will continue to apply, including all protections they afford you until changed. If you do not agree to any such changes that might be made, you must immediately stop using our services by deleting your account.
You may not transfer any of your rights or obligations under these Terms of Service to anyone else. Your account is your own and may not be transferred without prior written consent by us.
We will comply with the law. Nothing in these terms will prevent us from doing so.
Failure to enforce any of the provisions in these Terms of Service will not constitute a waiver.
If any provision in these Terms of Service is unlawful, void, or for any reason unenforceable, that specific provision shall be considered amended to the minimum extent necessary to be made enforceable. If the provision is deemed unenforceable, it will be considered severable from the rest of the agreement without affecting any of the other provisions in these Terms of Service.
In certain jurisdictions, local laws might afford consumers rights that may not be waived by contract. The provisions in these Terms of Service are not meant to restrict any such legal rights. We reserve any rights not expressly granted by us to you.
Any feedback or suggestions offered by you to us is greatly appreciated, but will not create any obligation by us to compensate you for such feedback in any way. You have no obligation to supply us with feedback or suggestions. Any such action by you is completely voluntary.
We are here to answer any questions you might have about our services. You can read about our Privacy Policy at any time or contact us in the “Help” section in the main menu of the Emilon app.
Any other questions
We are here to answer any questions you might have about our services. You can read about our Privacy Policy at any time or contact us in the “Help” section in the main menu of the Emilon app. You can also visit our Fees and Payments page to learn more about our pricing.
The Insight Company (2018) Ltd. is based in Parod, Israel.
You can contact us for any reason at omri@emilongroups.com