App Terms

Who we are and what these Terms do

We, Watchinu Limited of 10 Nahalat Yitzhak, TEL AVIV-JAFFA, 6744809, Israel (“We” or “Watchinu”) enter into these Terms with you and licence you to use:

• The Nick Watch mobile application software, its functionalities, the data supplied with the software, and any updates or supplements to it (“App”);
• The related documentation such as the user manual (“Documentation” and, collectively with the App, the “Service”);

as permitted in these Terms. These Terms are directed at users of the App in the regions where the App and/or the NickWatch is made available by us. Please read these Terms carefully before you start to use the Service. By using the Service, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. The NickWatch, the App and the Subscription

The NickWatch is a wearable device aimed at 5-10 year olds (“Child”) that, amongst other things, allows the Child to play games, take photos, monitor their step count and communicate with certain other App users and NickWatch users. The App is aimed at a parent or legal guardian of the NickWatch User who must download the App to pair it with the NickWatch (“Family Manager”). The App allows the Family Manager to monitor the Child and set up a family ring by inviting other App users who may be caregivers or other family members of the Family Manager (“Family Ring Members”). A family ring allows the Child, Family Manager and Family Ring Members to communicate with each other and, where permitted, see each other’s location.

In order to use the full functionality of the NickWatch and to connect the NickWatch to the App, the Family Manager will need to purchase a subscription to the services, for each NickWatch, which includes activation of the functionalities of the NickWatch, the network connection, the firmware and software updates, (the “Subscription”) either from us or, if available, from a third party, such as a telecommunications service provider. The purchase of the Subscription is subject to separate Terms of Sale. The Subscription is required for every NickWatch device in order to use the NickWatch as intended.  Each App user will need to sign up for a free NickWatch family ring member account, which requires you to submit certain personal data to us including your email, telephone and a password. Outside of the Subscription, the use of the NickWatch or the App is free of charge (like any other app subject to the normal costs for data volume or network coverage by each user’s network provider), but only with very limited functionalities.

The App is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. We strive to provide the functionalities of the App at all times, but you should expect certain downtimes for the purposes of maintenance, security updates or due to the unavailability of an internet connection or due to the inaccuracy of location tracking.

The App and the NickWatch will help parents to stay in touch with their children. It does not substitute appropriate care or surveillance of the Child. 

Please note that if you do not give your consent for the NickWatch to track your Child’s location, the Emergency SOS mode will not track your Child’s location. 

Please see further details on the functionalities of the App and the NickWatch in the product descriptions and user manuals on our website or that are provided with the product. 

3. Your and your Child’s privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes, your rights in relation to your personal data and how to exercise them. This information is provided in the Privacy Policy and it is important that you read that information. Please note that the Privacy Policy has been drafted for information purposes only and does not form part of a legally binding agreement between you and Watchinu. The Privacy Policy also sets out such information in relation to our use of the Child’s personal data. If consent is required for processing the Child’s personal data, please be aware that by consenting on behalf of your Child, you as the parent confirm that other legal guardians of the Child have also consented. If you are the Family Manager, please read this carefully and explain to the NickWatch user, your Child, what personal data will be collected through their use of the NickWatch and for what purposes. We suggest providing this information by explaining to the Child how each of the functions of the NickWatch operate. Please see our website for helpful materials to assist you with these discussions: www.nickwatch.com.

4. Apple’s terms also apply if you use an Apple device

In addition to these Terms, and notwithstanding anything to the contrary herein, this provision applies with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”).

Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.

Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to us using the details set out below.

The licence we have granted you in these Terms is limited to a non-transferable licence to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple Media Service Terms and Conditions.

You must comply with the terms of any third-party agreement applicable to you when using the App.  

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.; Notwithstanding the foregoing, our right to enter into, rescind, or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.

5. If you use an Android device

If your version of the App is compatible with the Android operating system of Google, LLC, no additional provisions apply to these Terms. 

6. Operating system requirements

This App may not be compatible with all mobile devices. Please check compatibility with your operating system and mobile device at www.nickwatch.com before downloading this App.

7. Support for the App and how to tell us about problems

Support. If you want to learn more about the App or have any problems using it, please take a look at our support resources at www.nickwatch.com.

Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at support@nickwatch.com. 

How we will communicate with you. If we have to contact you, we will do so by email or SMS, using the contact details you have provided to us.

8. How you may use the App, including how many devices you may use it on

In return for you agreeing to comply with these Terms, you may:

• download or stream a copy of the App onto a mobile device that is owned or controlled by you, subject to the compatibility requirements set out above, and view, use and display the App on such devices for your personal use only. 
• use any Documentation to support your permitted use of the App;
• provided you comply with the “Licence Restrictions”” set out below, make up to two (2) copies of the App and the Documentation for back-up purposes; and
• receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

9. You must be at least 16 years old to use the App

The App is directed for users aged 16 years or above. You must be at least 16 years old to use the App und to give consent under data protection law.

If you are over 16 but under 18 years, you must have a parent or legal guardian read and accept these Terms on your behalf and in doing so they confirm they are your parent or legal guardian. The person accepting these Terms is responsible for all use of the App on your device and with your user account (including use by others). 

If you are the person who invited the person under 18 years old and you are not the legal guardian, you must ensure that the parents or legal guardian have accepted the terms. 

10. You are not located in an embargoed territory and you are not a restricted person

In order to accept these Terms and download the App, you must be located in a country (i) where we offer the App and (ii) that is not subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you must not be listed on any U.S. Government list of prohibited or restricted parties. By accepting these Terms, you are confirming that you comply with this paragraph. 

11. Changes to these Terms

We are entitled to change these Terms at any time if necessary. We will inform you of any changes by means of an e-mail. Changes to these Terms generally require your prior acceptance, except in the following cases:  To adapt to changes in the law or jurisdiction or official requirements, further development of the App or to introduce new services. With regard to these exceptions, you have the right to object by e-mail to support@nickwatch.com or in writing within 30 days of receipt of the amendment notification. If you do not object within this deadline or continue to use the Append benefits of the App to which the changes relate or have a direct influence after receipt of the change notification, the changed provisions are considered accepted. We will point this out to you separately in the change notification.

If you are a Spanish user, you have the right to terminate these Terms with us if the change of Terms affect your access to the digital content or the digital services for the App. You can terminate these Terms free of charge and within 30 days from the receipt of the information or from the time we have modified the terms. 

12. Updates to the App

From time to time, we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

We will endeavour to ensure that the App always works with the current or previous version of the operating system (as it may be updated from time to time) and matches the description of it provided to you when you download it.

13. If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.

14. Licence restrictions

You agree that you will:

• except as permitted above (see “How You May Use The App) not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
• not copy the App, (or the Documentation), except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App (or Documentation) nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that such actions cannot be prohibited by law because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:

• is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
• is not used to create any software that is substantially similar in its expression to the App;
• is kept secure; and
• is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

15. Acceptable use restrictions

You must:

• not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App;
• not transmit any material that is unlawful, threatening, abusive, hateful, defamatory, slanderous, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, vulgar, profane, obscene, or material that we deem in our sole discretion to be in relation to your use of the App;
• not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; 
• not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the App; 
• ensure that any content you transmit using the App (including text, images and/or voice recordings) (“Content”) is accurate and complete; 
• ensure that you have all necessary rights and consents to enable you to transmit the Content when using the App and agree that you are responsible for any consequences arising out of the transmission of the Content, it being acknowledged that we may remove any non-compliant or infringing Content; and
• not impersonate any person, business, or entity, including us or our employees and agents in any way falsely states or misrepresents your affiliation with a person or entity.

16. Intellectual property rights

All intellectual property rights in the App and the Documentation, which includes the software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and other copyrightable or otherwise legally protectable elements of the App and the Documentation, and the selection, sequence, look and feel, and arrangements thereof, and trademarks, service marks, and trade names, but excluding any Content, throughout the world belong to us (or our licensors) and the rights in the App and the Documentation are licensed (not sold) to you. You own no intellectual property rights in, or to, the App and/or the Documentation but you do have the right to use them in accordance with these Terms.

You grant us a worldwide, non-exclusive, royalty-free, sub-licensable, transferable right to use, copy, distribute or modify your Content in connection with the App.

17. Our responsibility for loss or damage suffered by you; LIMITATIONS ON LIABILITY

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a direct and foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not direct or foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen, and is direct if it is the natural result of the breach and is normally recoverable.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit or revenue, loss of business, business interruption, or loss of business opportunity.

Limitations to the App. The App is provided for general information and entertainment purposes only. It does not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the App store site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the App or support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end your contract with us.

IF YOU ARE A RESIDENT IN GERMANY:

If you are resident in Germany, the above does not apply and our responsibility for loss or damage suffered by you is as follows:

We are not liable for certain damages caused by slight negligence, regardless of their legal basis. We are liable for the slightly negligent breach of essential contractual obligations (cardinal obligations). Material contractual obligations are those contractual obligations which are imposed on you by the content and purpose of this contract, the fulfilment of which makes the proper performance of this contract possible in the first place and on the fulfilment of which you may rely and usually do rely. Our liability for breach of cardinal obligations is limited to the typical damage, which was foreseeable for you and us at the time of the conclusion of this contract.

We do not exclude or limit in any way our liability to you in the event of injury to life, limb or health or for damages caused intentionally or slight negligently or regarding liability under the Product Liability Act. The liability pursuant to the Telecommunication Act (Sec. 69 and 70 TKG) remains unaffected.

You and we are obliged to take reasonable measures to avoid and mitigate losses.

IF YOU ARE A RESIDENT IN THE U.S.:

If you are resident in the U.S., instead of the above, the following Sections 17. A. and 17. B. apply to you:

17. A. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR MAXIMUM AGGREGATE LIABILITY TO YOU, AND THE EXCLUSIVE REMEDY HEREUNDER FOR ANY AND ALL DAMAGES, INJURY, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING, OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE (INCLUDING ANY INFORMATION OR CONTENT CONTAINED THEREIN), SHALL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SERVICE UP TO FIVE DOLLARS (US$5.00). THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.

THE EXCLUSION OF DAMAGES UNDER THE FIRST PARAGRAPH OF THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY IN THE SECOND PARAGRAPH AND IT SURVIVES IN THE EVENT SUCH EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW, BOTH OF THESE LIMITATIONS OF LIABILITY APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) FAULT OR TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), (D) STRICT LIABILITY OR (E) ANY OTHER CAUSE OF ACTION UNDER LAW OR EQUITY.

17. B. INDEMNITY

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Watchinu, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Watchinu Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities of every kind and nature whatsoever, whether known or unknown, that are caused by, arise out of or are related to (a) your use or misuse of the Service, (b) your violation of these Terms, and/or (c) your violation of any right(s) of any third party. You agree to promptly notify Watchinu of any claim(s) and shall cooperate fully with the Watchinu Parties in defending such claims. You further agree that the Watchinu Parties shall have control of the defense or settlement of any third-party claims.

18. Termination of these Terms

You can terminate these Terms at any time and with immediate effect by deleting your account. We will terminate your account if you are inactive for more than 24 months. 

We may end your rights to use the App at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App:

• You must stop all activities authorised by these Terms, including your use of the App; and
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App that you have and confirm to us that you have done this.

19. We may transfer our right to someone else with your consent 

We may transfer our rights under these Terms to another organisation after getting your explicit consent. We will always ask you in writing and we will ensure that the transfer will not affect your rights under these Terms. 

IF YOU ARE A RESIDENT IN THE U.S.:

If you are a resident in the U.S., the following applies to you instead of the above:

We may transfer any rights described herein to a third party in the event of any merger, acquisition or divesture or business transaction where assets are combined or transferred. In such an instance, we will provide notice if required by the applicable law.

20. No rights for third parties

Other than Apple, and Apple’s subsidiaries as described above, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.

21. Severability

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

22. Even if we delay in enforcing any of these Terms, we can still enforce them later

Even if we delay in enforcing any of these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

IF YOU ARE A RESIDENT IN THE U.S.:

If you are a resident in the U.S., the following Section applies in addition to the above: 

No waiver by Watchinu of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Watchinu to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

23. Which laws apply to these Terms and where you may bring legal proceedings

These Terms take into account high consumer protection standards. These Terms are governed by the laws of Israel. If you reside in a country where consumer protection standards are higher than herein or under Israeli law, such higher standards prevail.

You can bring legal proceedings in the courts in the country in which you reside. 

24. ENTIRE AGREEMENT

With respect to your use of our App, these Terms of Use constitute the entire agreement and any or all oral or written agreements and understandings previously existing between you and us are superseded hereby.

 

Updated: November 2023