Effective as of Mar 11, 2019
Welcome to the Terms of Use, of our Platform.
Please take the time to read them and understand them thoroughly, to understand your legal rights and obligations.
It can also help you understand what the LAVAQUA Platform is, and how we envision it being used, so, that you have the best experience when using our service(s).
These Terms of Use ("Terms") constitute a legally binding contract ("Agreement") between you and LAVAQUA (as defined below) regulating your access to and use of the LAVAQUA site, including any subdomains thereof, and any websites through which LAVAQUA makes its services available (together, "Site"), our mobile, and other smart device applications, and application program interfaces (together, "Application") and all related services (together, "LAVAQUA Services").
Further on this document, “LAVAQUA Platform” will refer to LAVAQUA Services, Application and Site. Our Policies applicable to your use of the LAVAQUA Platform are incorporated by reference into this Agreement.
“LAVAQUA,” "our", “we”, or “us” will refer to the LAVAQUA company your contract is with. Generally your contracting entity, is determined based on your "Country of Residence".
Your “Country of Residence” determines the jurisdiction associated with your LAVAQUA Account, as determined by either your express selection ("Where do you live?") or by LAVAQUA’s assessment of your residence using various data attributes associated with your LAVAQUA Account.
For now, whatever is your "Country of Residence", your contract is with LAVAQUA INC., incorporated in Delaware, United States of America.
Should this change in the future, please be adviced by reading the latest version of this document. We promise to do a best-effort attempt to notify you for a change that may affect you, in-app or alternative means you opt-in to reaching you (e-mail, ...).
By accessing or using the LAVAQUA Platform, you agree to comply with and be bound by these Terms of Use, and consent with the Privacy Policy.
Should you not agree, please do not use the LAVAQUA Platform, and cancel your account if you have already created one.
Contained within this document there may be other references, which you must make sure to read.
If you are interested, to learn how LAVAQUA came to be, read our story at https://lavaqua.com/story
Thank you for using LAVAQUA!
1.
Scope of LAVAQUA Services
LAVAQUA Platform is a software platform, started with the vision, to augment networking.
LAVAQUA leverages advances in technology, and abundance of access to computing, to bring a shared vision, into our reality.
We promise to be a good "citizen" on your device, the mobile-network, and to continously try to improve the experience, and to minimize any impact on your device.
Please ensure that you are using LAVAQUA Platform with a mobile-data plan, to avoid incurring significant charges that may arise from such use, and to enjoy uninterrupted pervasive access to the LAVAQUA Platform.
When roaming abroad in countries you are unaware of the potential data charges for, and until you are certain about them, we recommend to temporarily pause access to the LAVAQUA Platform.
Thank you for joining us in this journey, to manifest the dream, of augmented networking.
2.
Modification, Discontinuance
LAVAQUA reserves the right, in its sole discretion, to modify or revise the Terms of Use at any time in accordance with this provision.
LAVAQUA reserves the right, to modify or discontinue, temporarily or permanently, the LAVAQUA Platform (or any portion thereof or availability to any geographic area/region) with or without notice.
You agree that LAVAQUA must not be liable to you or to any third party, for any such modification or discontinuance of the LAVAQUA Platform.
You acknowledge and accept that LAVAQUA does not guarantee continuous, uninterrupted or secure access to the LAVAQUA Platform and that operation of LAVAQUA Platform may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
3.
Account
3.1.
Create/Access
You can use/access the LAVAQUA Platform by requesting to create an account, in-app or other means we may provide, by selecting your "Country of Residence" and accepting the LAVAQUA Terms of Use and Privacy Policy.
LAVAQUA Accounts don't require the user to provide an e-mail address, nor require you to set up a password, but we may provision opt-in configuration for doing so.
When requesting to create your LAVAQUA Account, you must provide accurate and complete information.
3.2.
Responsibility
You are solely responsible for the activity that occurs on your account, and you must keep your account credentials secure and confidential.
In the event of a breach of security or unauthorized use of your account, you must notify LAVAQUA immediately.
LAVAQUA will not be liable for your losses caused by any unauthorized use of your account, but you may be liable for the losses of LAVAQUA or others due to such unauthorized use.
3.3.
Personal Data
To operate the LAVAQUA Platform, LAVAQUA may share with its affiliates, the information we collect, including information obtained from third parties.
To understand how we use your personal data, and protect your privacy, please read LAVAQUA’s privacy policies.
You must always provide LAVAQUA with accurate, correct and up to date information.
4.
Eligibility, Using the LAVAQUA Platform, Member Verification
Per these Terms of Use and the Privacy Policy, and to protect the safety of other Members, LAVAQUA reserves the right to request and process formal govervenment documents before or after you create an account, for various purposes, including but not limited to verify your age.
To be eliglible to request creating an account, to use/access the LAVAQUA Platform and access the Content:
(1) you agree to submit only true, accurate, and complete information during registration, and to keep it that way at all times.
(2) you must be resident in a country where LAVAQUA Platform is available.
(3) you must have the power to enter a binding contract with us and not be barred from doing so under any applicable laws
(4) you must be 18 or older, or be 13 or older and have your parent/guardian’s consent to the Agreements, except if you are a resident of one of the following countries, referred in the table below, your country-specific minimum-age must be:
| Parent / Guardian Consent |
|
Without |
With |
| Chile, Ecuador, Paraguay, Peru |
18 |
15 |
| Brazil | 18 | 16 |
| Nicaragua, Taiwan | 20 | 13 |
| Bulgaria, Hungary, Germany | 18 | 14 |
| Italy | 13 | *1 |
| Malaysia | 18 | 13 |
| Lithuania | 31 | *1 |
| Canada | 13 | *1 |
| Spain | 14 | *1 |
[1] You are bound to varying per-country Minimum Age and Gurdian Agreement requirement(s), should you want to use any paid subscriptions LAVAQUA has available.
LAVAQUA reserves the right
(i) to deny a request to create an account
(ii) to close/delete/suspend an account, at any moment, and without any prior notice, and/or ban the User from creating another account on the LAVAQUA Platform, from the same or another device.
5.
Personal data processing
To learn more about what, how and why, we collect/process your personal data, and how you can exercise your rights please refer to our Privacy Policy.
6.
Content
6.1.
License
6.1.1. Subject to your compliance with these Terms, LAVAQUA grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Content, you are authorized to -- and only for your personal and non-commercial -- use, on or through the LAVAQUA Platform.
6.1.2. You grant to LAVAQUA a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license, to any content you submit on, or through the LAVAQUA Platform, to access, use, store, copy, modify, make derivative works of, distribute, publish, transmit, broadcast, stream, and otherwise exploit in any manner such Content to provide and/or promote the LAVAQUA Platform, in any media or platform.
6.1.3. You acknowledge, and warrant that you own or have the necessary license(s), right(s), consent(s), and permission(s) to publish the Content, or User Submissions, being submitted;
6.1.4. LAVAQUA does not claim any ownership rights in any Content. Any rights rights that you may have to use or exploit your Content, remain unaffected.
6.1.5. LAVAQUA does not guarantee that any Content or User Submissions will be made available on the LAVAQUA Platform.
6.1.6. LAVAQUA reserves the right, in its own discretion, to
(i) remove, edit or modify any Content including without limitation any User Submissions, from the LAVAQUA Platform at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if LAVAQUA is concerned that you may have violated the Terms of Use), or for no reason at all
(ii) to remove or block any User Submissions from the LAVAQUA Platform.
6.2.
Monitoring Disclaimer
LAVAQUA has no obligation to monitor the LAVAQUA Platform, Content, or User Submissions.
6.3.
Responsibility, Liability
6.3.1. You are solely responsible for your activity in connection with the LAVAQUA Platform and the consequences of submitting and publishing your User Submissions on the LAVAQUA Platform.
6.3.2. If your User Submission violates the law, is defamatory, obscene, or libelous, violates confidentiality obligation(s), or violates the rights of others, you can be held personally liable and legally responsible.
6.3.3. Restrictions
You may not upload, create or make available any User Submission that:
you know is misleading, untruthful, inaccurate, or not factual
is malicious, abusive, deceptive, fraudulent, defamatory, harassing, invasive, libelous, illegitimate, hostile, intimidating, threatening, obscene, offensive, tortious, violates another’s privacy
violates any copyright, trademark, trade secret, patent
violates right of any person or entity, any contractual duty, or law
is unsolicited or unauthorized advertising or promotional material
contains computer code(s)/program(s), or software viruse(s), or file(s), that can disrupt, damage, limit or interfere with software, hardware, or equipment, or damage or access without authorization any data, system, authentication credentials or other information of LAVAQUA or any third party;
impersonates any person or entity, including any employee or representative of LAVAQUA
7.
Conduct Responsbility, Prohibited Behavior
You must not (directly or indirectly):
(i) circumvent LAVAQUA's measures that prevent or restrict access to the LAVAQUA Platform (or other accounts, computer systems or networks connected to the LAVAQUA Platform)
(ii) cause, or impose (as determined by LAVAQUA) an unreasonable or disproportionately significant load on LAVAQUA's (or its third party providers’) infrastructure
(ii) interfere or attempt to interfere with the proper working of the LAVAQUA Platform by using, or
running any form of a bot, auto-responder or other program
(v) use manual or automated software, devices, or other processes to collect (crawl, spider, ...) any Content of the LAVAQUA Platform
(vi) use software other than the offerings of LAVAQUA Platform to access the LAVAQUA Services, or to fake data (for example sensor, location data)
(vii) use LAVAQUA Platform from a virtual device, or real device accessible from the cloud, in an effort to achieve any of the preceding statements, or other illegal purpose
Additionally, you must not (directly or indirectly):
(i) reverse engineer, decompile, decipher, disassemble or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the LAVAQUA Platform, except to the limited extent applicable laws specifically prohibit such restriction
(ii) modify, translate, or otherwise create derivative works of any part of the LAVAQUA Platform
(iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive as provided for under the terms of this document.
You must abide by all applicable local, state, national and international laws and regulations.
Additionally, you aknowledge and accept the "Ethical Agreement":
8.
Ethical Agreement
; I agree, to be respectful, and polite to others.
; I understand, that the success and any positive societal impact, of the LAVAQUA Platform in my geographic area, is also dependent on my individual behavior.
; I understand, that I must disclose a health condition that may affect another individual's health, such as, a transmittable disease.
; I agree, NOT to use/exploit the LAVAQUA Platform, including but not limited to stalk, track, harass, solicit, deceit any entity (physical, legal, ...) and/or for any other fraudlent, malicious, illegal/harmful act/purpose, or any other act/purpose that may cause harm/threat/danger/abuse/damage, directly and/or indirectly.
; I agree, I am solely responsible for my own privacy/security/safety, such as, to take the appropriate measures to ensure it.
; I understand, the legality and cultural approval of my actions/behavior may differ from place to place, such as, when travelling outside of my jurisdiciton, for which I am solely responsible to be aware of, and be cautious of/for.
; I understand, LAVAQUA Platform is, by default, free of monetary cost, and thus does not require a payment, to access or use.
; I agree, with the Terms of Use and Privacy Policy.
9.
Service Fees
LAVAQUA is, by default, free (of monetary cost), and as such you are not required to pay any fees to LAVAQUA or other individual/entity, to access or to use the LAVAQUA Platform.
LAVAQUA reserves the right to introduce alternative business model(s) to access/use the LAVAQUA Platform.
Please report to us any incidents of being improperly requested a payment fee to use/access the LAVAQUA Platform.
10.
Termination, Suspension and other Measures
This Agreement remains in full force and effect while you use the LAVAQUA Platform.
If you wish to terminate your account, you may do so by contacting us or doing so through the LAVAQUA Platform.
LAVAQUA may suspend or terminate your access to the LAVAQUA Platform or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture and destruction of all information associated with your account.
Upon termination of your account, your right to use the LAVAQUA Platform and any Content will immediately cease.
Any fees paid as provided for under the terms of this document, are non-refundable.
All provisions of the Terms of Use which, by their nature, should survive termination, must survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11.
Disclaimers
The LAVAQUA Platform is provided “as is”, without warranty of any kind, either express or implied.
The decision to use the LAVAQUA Platform, is made knowinigly by you and at your own risk.
You agree, that you have made your own due-dilligence to understand/investigate the LAVAQUA Platform, laws, rules, or regulations applicable to your publications, and that you are not relying upon any statement of law or fact made by LAVAQUA.
Should identity verification or background checks on any Member (to the extent permitted by applicable law), be performed, we disclaim any warranties, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that using some services provided by the LAVAQUA Platform may include risk(s) (such as, illness, bodily injury, disability, or death), and by using/participating in such services, you choose to knowningly acknowledge, and assume those risks.
The preceding disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, must be limited to the maximum extent permitted by law.
12.
Liability Limitation
NEITHER LAVAQUA, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR OTHER DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT LAVAQUA SHALL NOT BE LIABLE FOR CONTENT, USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LAVAQUA AND ITS AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
LAVAQUA Platform is controlled and offered by LAVAQUA. Accessing the LAVAQUA Platform is prohibited from territories where such Content is illegal. If you access LAVAQUA Platform from other locations, you do so at your own initiative and are responsible for compliance with local laws.
13.
Indemnification
You agree to release, defend, indemnify and hold harmless, LAVAQUA and its affiliates, subsidiaries, officers, and employees and agents (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your use of, access to the LAVAQUA Platform (including uploading of any Member Submissions to any third party services), your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
14.
Feedback
We welcome Feedback submission by email, or the “Contact” section of the LAVAQUA Platform, or by other means of communication such as our Application Google Play Store Listing.
Feedback you may submit to us will be considered non-confidential and non-proprietary to you.
By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish any of the content, or ideas for any purpose, without compensation to you.
15.
Applicable Law and Jurisdiction
16.
General Provisions
16.1. This Agreement or your use of the LAVAQUA Platform, does not constitute
employment, or partnership, or agency/profesional/business relationship, or joint venture or corporation between you and LAVAQUA.
16.2. Except the parties, these Terms do not grant any rights or remedies upon any other person.
16.3. If any provision of these Terms is found to be invalid or unenforceable, it will be removed, and without implications to the remaining provisions's validity, or enforceability.
16.4. Failure by LAVAQUA to enforce any right or provision in these Terms, will not renounce any such right or provision, unless explicitly acknowledged and agreed to, by us in writing.
16.5. This Agreement, and your rights and obligations (i) can not be assigned, or delegated, (ii) are not transferable, per the provisions of the terms in this document, without LAVAQUA's prior written consent.
LAVAQUA, may (i) assign (ii) delegate (iii) or transfer, this Agreement, and any rights and/or obligations under the terms of this document, with 30 days of prior notice, at its own discretion, and without restriction.
This Agreement can be terminated at any time, by your explicit request.
16.6. Communication, and/or any notice to Members, necessary or authorized, based on this Agreement, will be made electronically and given by LAVAQUA via email, LAVAQUA Platform notification, or other messaging service (including but not limited to SMS and Viber).
16.7. If your "Country of Residence" is in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr.
16.8. For questions about these terms, please email us terms@lavaqua.com