GiantLeap Terms and Conditions.

Last revised: Septemeber 2019.

GiantLeap Technologies Ltd. and its affiliates (collectively “GiantLeap”, “we”, “us” or “our”) welcomes you (the “User(s)”, “you” or “your”) to: (a) www.giantleap.tech (together with its subdomains, content and services, the “Website”), (b) the GiantLeap software-as-a-service platform, including the GiantLeap kid mobile application and GiantLeap parents web application (the “GiantLeap Kid App”, “GiantLeap Web App” and collectively the “GiantLeap App”). Users may use the Website, GiantLeap Kid App and GiantLeap Web App (collectively, the "Services”) in accordance with the terms and conditions hereunder, including the terms of our Privacy Policy  (as defined below, and collectively, these “Terms”), which govern your access and use of all Services, both as a guest visitor or Parent Subscriber (as defined in the Privacy Policy).

YOU MAY NOT AND WILL NOT BE ABLE TO ACCESS OR USE THE SERVICES UNTIL YOU HAVE ACCEPTED THESE TERMS. FURTHERMORE, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW.

WE DO NOT COMMUNICATE WITH OR SELL THE SERVICES TO CHILDREN. CHILDREN UNDER THE AGE OF EIGHTEEN (18) MAY NOT SUBSCRIBE OR SUBMIT PERSONAL INFORMATION TO THE SERVICES WITHOUT THE CONSENT OF THEIR PARENTS. TO ACCESS AND USE THE SERVICES, YOU MUST BE OVER THE AGE OF EIGHTEEN (18). THEREFORE, WE RESERVE THE RIGHT TO REQUEST PROOF OF AGE AT ANY STAGE SO THAT WE CAN VERIFY THAT INDIVIDUALS UNDER THE AGE OF EIGHTEEN (18) ARE NOT SUBSCRIBING TO THE SERVICES. 

YOU AGREE AND WARRANT THAT YOU WILL NOT USE THE SERVICES WITH RESPECT TO YOUR CHILDREN OF EIGHTEEN (18) YEARS AND ABOVE OR ANY OTHER PERSON FOR WHOM YOU ARE NOT THE LEGAL GUARDIAN.

1. Acceptance of these Terms
These Terms constitute a binding and enforceable legal agreement between you and GiantLeap. By accessing or using the Services, clicking the “I confirm” or “I agree” button, and/or by installing, using or downloading the GiantLeap App, you agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, please do not enter, access or use the Services. 

2. The Services
The purpose of the Services is to provide parents, custodians and other legal guardians (collectively, “Guardians”) with a tool for obtaining information about the mental and educational development of their children (“Behavioral Information”). For that purpose, the Services enable the Guardians to fill out evaluation questionnaires regarding their children, whose name and details were registered to Services, and to ask key persons (such as grandparents, teachers, coaches, and tutors) to fill out the key persons’ own evaluation questionnaires in regard those children. For the enrichment of the Behavioral Information, the Guardians may permit or ask their children to use the GiantLeap Kid App. The children (defined in the Privacy Policy as Kid App Users) are granted access to and may make use of the GiantLeap Kid App by way of their Parent Subscriber’s GiantLeap Web App Account (defined below) log in credentials. When entering the Parent Subscriber’s login credentials, the child or parent must also input the child’s first name to log the child into their relevant user profile. After successfully logging in, the child may begin the gamified assessments. The Behavioral Information will be based on processing and analyzing information about the children’s activity on the GiantLeap Kid App and information which was gathered via the evaluation questionnaires. 

3. Use of the Services
Subject to your compliance with the terms and conditions of these Terms, GiantLeap hereby grants you a worldwide, non-exclusive, non-transferable, non-sublicensable, revocable, limited right during the Term to access and use the features and the functions of the Services solely for personal, non-commercial purposes. You shall not provide access to or use the Services for the benefit of third parties or make commercial or non-personal use of the Services. Use of and access to the Services is void where prohibited. 

By accessing and using the Services, you represent and warrant that: (a) any and all data that will be uploaded and submitted to the Services is truthful and accurate including, without limitation, the ages of any children that will be using the GiantLeap Kid App; (b) you will only use the Services as an aid to your efforts to educate and enhance the welfare of children for whom you are the Guardian; (c) you have notified any child that the Services are used for gathering the Behavioral Information about them and you have their consent to such activity; (d) you have the capacity, right and authority to accept these Terms and abide by all of the terms and conditions set forth herein; (e) your use of the Services will comply with and does not violate any and all applicable international, national, state, regional and local laws and regulations in accessing and/or using the Services (or any part thereof) and in performing your obligations, including laws relating to privacy and data protection or other guidelines; and (e) you shall remain solely responsible and liable for the data and expressly release us from any and all liability arising from GiantLeap’s use of the data as permitted herein.

4. Use Restrictions
There is certain conduct which is strictly prohibited in our Services. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may result, at GiantLeap’s sole discretion, in the termination of your Account and access to the Services and may also expose you to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf: (a) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the content of our Services (the “Content”), in any way or publicly display, perform, or distribute them; (b) make any use of the Content on the Services for any purpose, or replicate and/or copy the Content without GiantLeap's prior written consent; (c) create a browser or border environment around GiantLeap's Content (no frames or inline linking); (d) interfere with or violate any other visitor's or User's right to privacy or other rights, or harvest or collect personally-identifiable information about visitors or Users of our Services, including using any “robot”, “spider”, site search app or of any part thereof, including GiantLeap’s databases, or retrieval application or parts thereof, including data index, or other manual or automatic device or process to retrieve, index, or data-mine; (e) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (f) transmit or otherwise make available in connection with the Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or to circumvent, disable, or otherwise interfere with security-related features of the Services or any other actually or potentially harmful, disruptive, or invasive code or component; (g) interfere with or disrupt the operation of the Services, or the servers or networks that host the Services, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (h) sell, license, make non-personal use, or exploit for any commercial purposes any use of or access to the Content of the Services without the explicit consent of GiantLeap, including the use of any Content therein; (i) frame or mirror any part of the Services; (j) create a database by systematically downloading and storing all or any of the Content from the Services; (k) forward to third parties any data generated by the Services not through the Services; (l) solicit another User’s password or other personal information under false pretenses; (m) impersonate another User or otherwise misrepresents yourself in any manner; (n) transfer and/or assign any account, including account login details, even temporarily, to any third party; (o) infringe or act in a way that results in the infringement of GiantLeap’s or any other third party’s copyright, patent, trademark, trade secret or other intellectual property rights, privacy rights or other rights; (p) act in a way is or you reasonably believe or should reasonably believe to be illegal, fraudulent, false, inaccurate, misleading, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves or you reasonably believe or should reasonably believe to involve any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material or content; (q) transmit content that is defamatory, libelous, threatening, abusive, hateful, obscene or indecent, or contains pornography; (r) transmit content that promotes physical, mental or emotional harm or injury against any User of the Services or any group or individual; (s) transmit content that does not comply with all applicable laws, rules, or regulations, including obtaining all necessary consents, permits, licenses, registrations, etc.; or (t) use the Services for any illegal, immoral or unauthorized purpose.

 

 

5. Accounts 
You may use the GiantLeap Web App as a Parent Subscriber. You can use the GiantLeap Web App only after the creation of a GiantLeap Web App account as a Parent Subscribers account (each, an “Account”). We may offer different options to create an Account, including:

Online Registration Form. You may choose to complete and submit an online registration form. You will be asked to provide us with certain mandatory information such as the name, family name, age, insurance company, ethnicity, address, phone number and e-mail address and also a password that you will use with your Account. 

Third Party Accounts. You may choose to create an Account by clicking on a ‘connect’ or ‘sign-in’ button that we display on the GiantLeap Web App for a designated third party website or service (each a “Third Party Account”), such as Facebook or Google. Doing so will enable You to link your Account and your Third Party Account. If you choose this option, you will be required to approve the connection as well as the types of information (which may include Personal Information) that we will obtain from the Third Party Account and the types of activities that we may perform in connection with your Third Party Account. Please note that in order to use this option, you will need to have, and may need to be signed-in to, an existing Third Party Account.

 

Mandatory Information. Whether you choose to create an Account by using an online registration form or Third Party Account, you will be asked to provide us with certain mandatory information such as your name, physical address, email and phone number. 

 

Parent Subscriber. In order to use the Services, you are required to subscribe to the Services by creating a Parent Subscriber account as further detailed below.

 

 

6. Termination of Account
You agree that GiantLeap may, for any reason, in its sole discretion and without prior notice, terminate your Account, and remove from the Services any content associated with your Account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is harmful to other Users, guests, third parties or the business interests of GiantLeap, or (v) behavior that violates the privacy of other Users, guests or third parties.

If GiantLeap believes, in its sole discretion, that a violation of these Terms or any infringing, illegal or inappropriate behavior has occurred, we may take any corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior through the Service. You may request termination of your Account at any time and for any reason by sending an email to support@giantleap.tech.  Any suspension, termination, or cancellation shall not affect your obligations to GiantLeap under these Terms, including but not limited to ownership, indemnification, and limitation of liability, which by their sense and context are intended to survive such suspension, termination, or cancellation.

7. Privacy Policy
GiantLeap respects your privacy and is committed to protecting the information you share with us. You agree that you have thoroughly read, understood and accept GiantLeap's Privacy Policy (available at: www.giantleap.tech/privacy) (“Privacy Policy”), which explains how we collect, store and use the personal and nonpersonal information obtained from you when you are using the Website and/or the Services. You explicitly consent to the use, access, disclosure, transfer and preservation of the Personal Information (as defined in the Privacy Policy) you provide via the Services, including storing, processing, and disclosing the data in accordance with these Terms and the Privacy Policy, which is incorporated by reference into these Terms.

 

 

8. Feedback
In the event that you provide GiantLeap with any suggestions, comments or other feedback relating to Website and/or GiantLeap’s Services (collectively, “Feedback”), such Feedback is deemed at its incipiency the sole and exclusive property of GiantLeap and you hereby irrevocably assign to GiantLeap all of your rights, title and interest in and to all Feedback, if any, and waive any moral rights you (or anyone on your behalf) may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you shall not provide any Feedback which is subject to any third-party rights or any limitations, and, without derogating from the foregoing, shall promptly inform GiantLeap as soon as you become aware of any third-party right or limitation which may apply to Feedback already provided.

9. Intellectual Property
Intellectual Property” means GiantLeap’s proprietary and intellectual property rights, including the Website, its logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, GiantLeap App and proprietary software, databases, AI, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Website and the GiantLeap App and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered, and any and all Feedback.

The Intellectual Property is owned by and/or licensed to GiantLeap and is subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human-readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to GiantLeap’s proprietary rights, including GiantLeap’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.

“GiantLeap” and all logos and other proprietary identifiers used by GiantLeap in connection with the Website and Services (“GiantLeap Trademarks”) are all trademarks and/or trade names of GiantLeap, whether or not registered. All other trademarks, Website marks, GiantLeap App marks, trade names and logos which may appear on or with respect to the Website and GiantLeap App belong to their respective owners (“Third Party Marks”). No right, license, or interest to GiantLeap Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to GiantLeap Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
 
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of GiantLeap and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Website or the Services, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of GiantLeap marks and logos, whether registered or not.

All elements comprising the Website and the Services, including without limitation, the text, design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of GiantLeap or its licensors. Except as expressly permitted in these Terms, any use, reproduction, modification, distribution, transmission, republication, display or performance of the Services or any content is strictly prohibited. Trademarks, service marks and logos displayed on the Website or via the Services are the exclusive property of GiantLeap unless otherwise stated and may not be used without the express written consent of GiantLeap. All rights not expressly granted herein are reserved to GiantLeap, its affiliates and its licensors. 

 

 

10. Third Party Components 
The Services may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Website and the Services is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Website or the Services and GiantLeap disclaims all liability related thereto. You acknowledge that GiantLeap is not the author, owner or licensor of any Third Party Components, and that GiantLeap makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Website and the Services or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source,” “public domain” or “publicly available” software.

11. Availability of and Changes to the Services
The Services availability and functionality depend on various factors, such as communication networks, software, hardware, and GiantLeap’s Website and App providers and contractors. GiantLeap shall use reasonable commercial efforts to maintain the availability of the Services but does not warrant or guarantee any specific level of availability of the Services. GiantLeap does not warrant or guarantee that the Website and the GiantLeap App will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free. GiantLeap will not be liable to you as a result of temporary service interruptions.

GiantLeap reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Website or the Services (or any part thereof) without prior notice to you, at any time, and in such event,  you will not be able to access your Account or any content uploaded to the Services. In addition, you hereby acknowledge that the Content available through the Website or Services may be changed, modified, edited or extended in terms of content and form or removed at any time without any notice to you. You agree that GiantLeap shall not be liable to you or to any third party for any modification, suspension, error, malfunction or discontinuance of the Website or Services (or any part thereof).

12. Deleting Personal Information
You may request the deletion of any personal information of yours, or if you are a Parent Subscriber, the Personal Information of the Kid App Users who are associated with your Parent Subscriber Account (which will be deemed hereunder as the Parent Subscriber’s Personal Information), that we are a custodian of at any time by contacting us with an explicit request at: support@giantleap.tech. When handling such requests, we may ask for additional information to confirm your identity. Please note, upon request to delete your Personal Information, we may retain such data in whole or in part to comply with any applicable rule or regulation and/or to respond to or defend against legal proceedings brought against us or our affiliates.
 

13. Disclaimers & Warranties
GIANTLEAP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS, EXPLICITLY OR IMPLICITLY, REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE WEBSITE OR THE SERVICES (OR ANY PART THEREOF). GIANTLEAP SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IT WAS CAUSED CONSEQUENTLY OR IN CONNECTION WITH THE USE OF THE SERVICES, OR ANY OTHER INFORMATION EMERGING FROM USING THE SERVICES, WHETHER OR NOT GIANTLEAP HAD INFORMED THE USER OF SUCH POSSIBLE DAMAGE.

THE WEBSITE AND THE SERVICES (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. GIANTLEAP DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT AVAILABLE ON OR THROUGH OUR SERVICES INCLUDING ANY CONTENT UPLOADED BY ITS USERS. GIANTLEAP DISCLAIMS RESPONSIBILITY FOR ANY AND ALL INFORMATION UPLOADED OR COMMUNICATED THROUGH THE SERVICES BY ITS USERS.

GIANTLEAP AND ITS AFFILIATES AND/OR ITS SUBSIDIARIES, INCLUDING ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “GIANTLEAP AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE WEBSITE OR THE SERVICES.

GIANTLEAP DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE OR OF THE SERVICES IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. GIANTLEAP MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE WEBSITE OR SERVICES AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.
 
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE SERVICES, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.

 

14. Limitation of Liability
GiantLeap assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content on the Services. GiantLeap is not responsible for any problems or technical malfunction of any network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the internet, on the Website or on the Services, including any injury or damage to users or to any person's personal device related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall GiantLeap be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline.

IN NO EVENT SHALL GIANTLEAP OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR CONTENT THEREIN, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT GIANTLEAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR GIANTLEAP’S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF GIANTLEAP AND/OR ANY GIANTLEAP AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL GIANTLEAP'S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO GIANTLEAP FOR USE OF THE SERVICES. IF YOU HAVE NOT MADE ANY PAYMENTS TO GIANTLEAP FOR THE USE OF THE SERVICES, THEN GIANTLEAP SHALL HAVE NO LIABILITY WHATSOEVER TOWARDS YOU.

15. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GIANTLEAP AND ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, SUBSIDIARIES, GIANTLEAP AFFILIATES, PARTNERS, SUBCONTRACTORS AND AGENTS OF EACH, AGAINST ANY AND ALL CLAIMS, DAMAGES, OR COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT ARISE DIRECTLY OR INDIRECTLY FROM: (A) YOUR USE OF THE WEBSITE OR THE SERVICES (OR ANY PART THEREOF); (B) BREACH OF THESE TERMS BY YOU OR ANYONE USING YOUR COMPUTER, MOBILE DEVICE OR PASSWORD; (C) ANY CLAIM, LOSS OR DAMAGE EXPERIENCED FROM YOUR USE OR ATTEMPTED USE OF (OR INABILITY TO USE) THE SERVICES (INCLUDING YOUR VIOLATION OF ANY THIRD PARTY RIGHTS); (D) YOUR VIOLATION OF ANY LAW OR REGULATION; (E) YOUR INFRINGEMENT OF ANY RIGHT OF ANY THIRD PARTY; (F) INFORMATION YOU PROVIDE TO OR USE IN CONNECTION WITH THE SERVICES VIOLATING THIRD PARTY INTELLECTUAL, PRIVACY OR OTHER RIGHTS AND (G) ANY OTHER MATTER FOR WHICH YOU ARE RESPONSIBLE HEREUNDER OR UNDER LAW. YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE IN COMPLIANCE WITH ALL APPLICABLE LAWS, REGULATIONS AND GUIDELINES.

16. Links
The Services may contain links to third-party websites or resources. We do not endorse and are not responsible or liable, directly or indirectly, for any content, advertising, products or other materials on or available from external websites or resources linked to the Services.

17. No Waiver  
The failure of GiantLeap to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right nor shall it operate to bar the exercise or performance thereof at any time or times thereafter. A waiver of any right hereunder at any given time shall not be deemed a waiver thereof for any other time.

18. Modification
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended Terms on this Website. Such revisions are binding on all Users. Changes to these Terms shall apply as of and following the “Last Revised” date. We recommend that you revisit these Terms from time to time to review your current rights and obligations.

19. Severability  
If any provision of these Terms is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, you and GiantLeap shall, if possible, agree on a legal, valid and enforceable substitute provision which is as similar in effect to the deleted provision as possible. The remaining portion of these Terms not declared illegal, invalid or unenforceable shall, in any event, remain valid and effective for the term remaining unless the provision found illegal, invalid, or unenforceable goes to the essence of these Terms.

20. Notices
You agree that we may send notices to you by email at the email address you provide when registering to become a registered User of the Services (or which you later update). All notices to GiantLeap hereunder shall be in writing, personally delivered, by certified mail, return receipt requested, or by nationally recognized overnight delivery service or email, at: address: 181 Metro Drive, Suit 410 San Jose, CA 95110; email: support@giantleap.tech. A notice shall be effective from the date of personal delivery or upon receipt if sent by certified mail, and upon the date of sending if sent by fax or email.

21. Governing Law and Venue
These Terms, and the rights and remedies provided hereunder, and any and all claims, disputes and controversies arising hereunder or related hereto and/or to the Website or the Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms, or any related transaction shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the Laws of the Delaware without reference to its conflict-of-laws principles, and shall be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts in Delaware, Delaware.

22. No Relationship
These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between GiantLeap and you.

 

23. No Assignment
GiantLeap may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Website or the Services to a third party at any time without your consent or prior notice to you. GiantLeap may assign these Terms at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer these Terms without GiantLeap’s prior written consent. Any attempted or actual assignment thereof without GiantLeap’s prior explicit and written consent will be null and void.

24. Entire Agreement
These Terms constitute the entire terms and conditions between you and GiantLeap relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between GiantLeap and you, including, without limitation, those made by or between any of our respective representatives, with respect to the Website and the Services. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of GiantLeap in entering into these Terms.

25. Contact Us
For any questions or comments, or to report violations of these Terms, let us know by contacting us at: support@giantleap.tech.