Updated June, 2024.
These are the general contracting conditions governing the use of Rivulis Filter APP (including any new versions, updates, or supplements, if any, unless they come with separate terms), an application developed, managed and powered by SISTEMAS DE FILTRADO Y TRATAMIENTO DE FLUIDOS, S.L. and licensed to RIVULIS IRRIGATION LTD., for commercial use (hereinafter, respectively, the “Terms of Use”, “STF” and “RIVULIS”).
Please note the following information about us:
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Name |
RIVULIS IRRIGATION LTD. |
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Domicile |
Menivim Tower, 1 Hatahana St., Kfar Saba, Israel |
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You should read and accept these Terms of Use and Rivulis Filter APP Privacy Policy (hereinafter, “Rivulis Filter APP Privacy Policy”) before downloading and using Rivulis Filter APP. If you do not accept them, don’t download, or use Rivulis Filter APP. The downloading or use of Rivulis Filter APP (including any new versions, updates, or supplements, if any) implies that you have read, understood and accepted these Terms of Use and Rivulis Filter APP Privacy Policy and that you are of legal age. The acceptance of these Terms of Use and Rivulis Filter APP Privacy Policy by you is a pre-condition to becoming a user of the Rivulis Filter APP (hereinafter, “You” or “User”).
If you accept these Terms of Use on behalf of a company, entity, or organization, you represent and warrant that you have appropriate authority to enter into this agreement on behalf of such company, entity, or organization, and references to “You” and “User” shall include and refer to such company, entity, or organization. In this event, You also represent and warrant that all necessary internal procedures have been correctly followed for the valid acceptance of these Terms of Use and the Rivulis Filter APP Privacy Policy.
In these Terms of Use, the following terms shall have the following meaning: “Account” has the meaning indicated in Clause 3.
“Affiliate” any other entity directly or indirectly controlling, controlled by or under common control with, Rivulis or STF, as applicable.
“Aggregated Data” means a combined data set made up from different sources (such as, among others, sensors, and systems) that can provide information, such as, by way of example, comparative and analytical information.
“Artificial Intelligence System (AI System)” means software developed with machine learning approaches, logic and knowledge-based approaches, statistical approaches, Bayesian estimation and/or search and optimization methods and can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with.
“Credentials” has the meaning indicated in Clause 3. “Device” has the same meaning as “Rivulis Filter”.
“Filtering Data” means all forms of information about an exploitation and its surroundings, or about the use of water and filtering, generated, collected, transferred, processed or analyzed through Rivulis Filter or Rivulis Filter APP, or through related services, including but without being limited to data concerning water and filtering, both registered intentionally or resulting indirectly from the use of Rivulis Filter APP or the Device, including but without being limited to data related to the use of Rivulis Filter APP or the Device, data generated by sensors or by the Device, such as data indicating its status or errors.
“Intellectual Property Rights” means any rights on intellectual property or industrial property or other exclusive rights over intellectual properties, registered or not, including but without being limited to patents, utility models, copyright, designs, trademarks and other distinctive signs, confidential business information or trade secrets over any intangible asset which may be protected by such rights, including but without being limited to, contents and graphic elements, source code, object code, design, navigation structure, databases and any other intangible elements.
“Parties” means You and RIVULIS.
“Personal Data” means any information relating to an identified or identifiable natural person.
“Raw Data” means Filtering Data that is generated and collected without editing or any other form of processing.
“Security PIN” is a 4 digits code necessary to connect the Rivulis FilterAPP with the Device.
“Rivulis Filter” means Rivulis filter compacted controller device that allows Users to configure a variety of filter possibilities for the Standard version, as well as any other version offered in the future by Rivulis, if any, unless it comes with separate terms providing otherwise.
“Rivulis Filter APP” is the Android-IOS application that manages (display information, configure, and act on) the Device connected by Bluetooth.
“Rivulis Filter APP Privacy Policy” has the meaning indicated in the headline paragraphs.
“Terms of Use” has the meaning indicated in the headline paragraphs. “User” has the meaning indicated in the headline paragraphs.
“You” has the meaning indicated in the headline paragraphs.
The Rivulis Filter User Manual [v1.0] may be found here.
Please refer to the Rivulis Filter User Manual to familiarize yourself with the technical characteristics and instructions of use of both Rivulis Filter and Rivulis Filter APP. By accepting these Terms of Use you represent that you know such technical characteristics and instructions of use and accept that it is exclusively on your side to determine if they apply to your specific needs and your applicable legislation, without RIVULIS giving any guarantee about it. You expressly accept to use the Rivulis Filter APP in accordance with these Terms of Use, the applicable laws and regulations, good practices on minimization of water consumption, the applicable Rivulis Filter User Manual and any other guidelines or instructions, if any, given by RIVULIS from time to time. You will defend and keep RIVULIS and STF harmless from any damage that Your use of Rivulis Filter APP may cause to RIVULIS, STF, its Affiliates or third parties.
Rivulis Filter APP needs to be downloaded and installed in your Android-IOS portable device. Once done, to operate it, you need to (i) signup as user by creating a Rivulis Filter account, entering a valid email and choosing a password (hereinafter, respectively, the “Account” and the “Credentials”); and (ii) connect Rivulis Filter with the Device(s) (Rivulis Filter APP can manage multiple Rivulis Filters) by entering the Security PIN. You can change the Security PIN (by default 0000). Once it has been changed, Rivulis Filter could be operated through the Rivulis Filter APP only by the Rivulis Filter APP that has been associated with the Security PIN. If you forget the Security PIN, a factory reset must be done to recover the functionality/connectivity.
Rivulis Filter APP may need to be updated from time to time. If you choose not to download or install updates indicated by RIVULIS, your Rivulis Filter APP may no longer be available, supported, or have the previous functionality. Without prejudice to the above, RIVULIS may, at its sole discretion, update or modify the Rivulis Filter APP. However, you understand and acknowledge that these Terms of Use do not create any obligation on the part of RIVULIS to update or modify the Rivulis Filter APP or to provide you with any support or maintenance of the Rivulis Filter APP.
The use that You make of Rivulis Filter APP to process and manage filtering is Your sole and exclusive responsibility. RIVULIS is not and shall not be responsible or liable for any kind of use of the Rivulis Filter APP, such as the management and/or control of the Rivulis Filter via the Rivulis Filter APP, including without limitation when You choose to use the sm@rt mode of the Rivulis Filter APP, which is a function aimed to improve the filter performance by a set of algorithms and automatism.
By creating the Account, You agree to: (i) provide complete information for your Account, (ii) maintain the security of your Account and Credentials (iii) be responsible for the acts or omissions of any third party who has authority or access to Use Rivulis Filter APP on your behalf
and (iv) immediately inform RIVULIS if You discover or otherwise suspect any security breaches related to your Account.
Please remember that the use of the sm@rt mode of the Rivulis Filter APP and even of Rivulis Filter APP itself are optionable and not mandatory, and such use is upon Your sole discretion and sole responsibility. You may disable the sm@rt mode at any time and Rivulis Filter can be managed by a physical interface. You may uninstall Rivulis Filter APP and stop using it in any moment.
Intellectual Property Right on Rivulis Filter APP and the content therein (including, but not limited to, texts, pictures, graphics, images, signs, designs and code), as well as future updates, developments or new designs, if any, belong to STF (or RIVULIS when relating to RIVULIS’ trademarks) or its Affiliates and are only licensed, not sold, to You for the sole purpose of using the Device.
RIVULIS grants you a limited, personal, revocable, non-exclusive, non-transferrable and non- sublicensable license to use the Rivulis Filter APP for the sole purpose of operating the Rivulis Filter.
You understand and acknowledge that your rights with respect to the Rivulis Filter APP are limited by these Terms of Use and applicable regulations, including, but not limited to, laws and regulations governing Intellectual Property Rights. RIVULIS and its Affiliates reserve all other rights.
You must act only as expressly permitted under these Terms of Use. Any non-compliant use of the Rivulis Filter APP is expressly prohibited and may result in an Intellectual Property Rights infringement. In your use of Rivulis Filter APP, you must comply with any technical limitations that only allow to use Rivulis Filter APP in certain ways. You may not:
i. work around any technical limitations in Rivulis Filter APP or in any other way try to evade, turn off or disable security functions or other functions of Rivulis Filter APP;
ii. reverse engineer, decompile, or disassemble Rivulis Filter APP or derive in any other way Rivulis Filter APP’s source code;
iii. reproduce, copy, modify, transform, publish or otherwise make Rivulis Filter APP or parts of it available for others to do it or publicly communicate in any way;
iv. extract or reuse Rivulis Filter APP, its contents or parts of them;
v. rent, lease, distribute or otherwise commercialize Rivulis Filter APP or parts of it or make a use with advertising purposes; or
vi. assign Rivulis Filter APP or these Terms of Use to any third party.
You grant RIVULIS a royalty-free, irrevocable, worldwide, non-exclusive, and sublicensable right, for the maximum term under applicable law, to use, modify, adapt, reproduce, create derivative works from, translate, edit, perform, distribute, and display in any media any content that you submit in the Rivulis Filter APP. You warrant and represent that you have (and will have) all the rights necessary on the applicable Intellectual Property Rights to make the corresponding content submission and to grant the above license to RIVULIS. You agree to defend and keep RIVULIS and its Affiliates harmless concerning any related damage.
You acknowledge and expressly accept that:
i. You are responsible for keeping your Credentials confidential and for all activity that occurs under your Account;
ii. You will not use the Rivulis Filter APP for any purpose that is unlawful or prohibited by these Terms of Use or applicable laws or regulations;
iii. You will not use the Rivulis Filter APP in any manner that could damage, disable, overburden, impair or interfere in any way with RIVULIS’s, its Affiliates or third party’s servers, systems, networks, software applications or other properties or that infringe RIVULIS’s or third party’s rights;
iv. You shall always use Rivulis Filter APP and interpret its outcome with regular and effective human oversight to control its functioning and to detect signs of possible deviations, functioning problems or unexpected results and notify RIVULIS about any of such events;
v. You shall always use Rivulis Filter APP in line with good practices regarding the minimization of water consumption and non-exposure of water infrastructure, assuming the exclusive responsibility of your use and the concrete parametrization of Rivulis Filter that You configure instead of the one offered by default by Rivulis Filter which is not adapted to Your specific requirements (such as the quality of water and flow);
vi. You may not attempt to gain unauthorized access to other accounts, computer systems, or networks connected to any RIVULIS’s and/or its Affiliate’s and/or STF servers; and
vii. You may not commercially distribute, publish, license, or sell any content or information obtained through Rivulis Filter APP.
You know and expressly accept that (i) Your use of Rivulis Filter APP and its interaction with Rivulis Filter will generate Raw Data that may constitute Filtering Data and that (ii) You do not have any rights on such Filtering Data, which will belong to RIVULIS or its Affiliates, being RIVULIS entitled to collect, access, store, use, delete, process (including, without limitation, to combine, aggregate and convert, as well to use for training, validation and/or testing of AI Systems) such Filtering Data for any purpose and share such Filtering Data with competent authorities and third parties.
You warrant that, to the best of Your knowledge, such Raw Data will be free of errors, will not include commercial sensible data, will not be protected by confidentiality obligations or Intellectual Property Rights, will be complete, legitimate, and accurate, will not infringe third party rights and will not be Personal Data.
While using Rivulis Filter APP You may access to some of the Raw Data You generate within the functions of Rivulis Filter APP (please refer to Rivulis Filter User Manual). This conservation is at RIVULIS will, without RIVULIS assuming any related obligation since RIVULIS is not rendering hosting services. You acknowledge that You do not have any right concerning other Filtering Data related with
Rivulis Filter APP, including but not limited to Aggregated Data and Raw Data generated by other Users.
Rivulis Filter APP is licensed “as is”, without warranty of any kind, either express or implied, including without limitation any warranties of merchantability, accuracy, fitness for a particular purpose, safety, security, comfort, title or non-infringement, which are expressly excluded. RIVULIS neither guarantee the availability, quality, precision, reliability, or capacity of Rivulis Filter APP nor that it will be free from viruses, errors or other elements that may cause damages. To the maximum extent permitted by applicable law, RIVULIS, STF and its Affiliates shall not be responsible for any damage caused by the use of Rivulis Filter APP, including, but not limited to, loss of data, indue use of information, business interruption or any other.
Your use of the Rivulis Filter APP is at Your sole discretion and risk. You are solely responsible for any damage that may arise from such use. Particularly, but not limited to, RIVULIS and STF are not responsible for any damage caused to software, computer systems or other hardware devices during Your use of Rivulis Filter APP. It is Your responsibility to have available security tools and measures to protect You from malicious programs or other harmful software or elements.
RIVULIS and STF makes no warranty or guarantee that your use will be uninterrupted, timely or errorfree, or that any errors in the Rivulis Filter APP will be corrected. Additionally, RIVULIS and STF are not responsible for force majeure events or acts of third parties, including but not limited to damage caused by errors or disconnections of the telecommunication networks interrupting the services. Moreover, You are responsible for the payment of all costs and expenses related with the use of Rivulis Filter APP, including but not limited to the telecommunications and connectivity costs, if any.
In no event will RIVULIS, STF or any of its Affiliates be liable for any damages, including any direct, indirect, incidental, special, consequential or exemplary damages arising out of or related to these Terms of Use, the use of the Rivulis Filter APP or any inability to use the Rivulis Filter APP (including without limitation loss of goodwill, business interruption, lost profits or data, failure or malfunction of any computer or electronic system, loss of water or damage in water infrastructure or any other commercial damages or losses). In the event that the foregoing limitation is declared not enforceable, RIVULIS’s total liability under these Terms of Use for any damages will be the amount you paid to RIVULIS for Your Device.
Rivulis Filter APP is an application for professional users of the Device. If You may qualify as consumer, please ask for advice to confirm that you have correctly understood its functioning and these Terms of Use. By using Rivulis Filter APP you confirm that you have the sufficient technical knowledge, training, and experience to use it. If you may qualify as a consumer, please be informed that you may have additional consumer rights under applicable regulations.
These terms are effective for You upon your acceptance and shall continue in effect until terminated as set forth herein.
RIVULIS may terminate these Terms of Use at any time, at its sole discretion, for any reason, particularly, but not limited to, if RIVULIS ceases to commercialize Rivulis Filter and/or to offer Rivulis Filter APP. At this respect, please note that RIVULIS is offering Rivulis Filter APP at no cost and assuming no obligation to continue offering it for a certain period, being RIVULIS is free to stop doing it at any time, upon its sole discretion without neither keeping Your Account nor its Contents. Please remember that the Device can be managed by a physical interface and does not require the use of the Rivulis Filter APP.
Additionally, RIVULIS has the right to suspend or definitively cancel Your Account, its contents and Your access to Rivulis Filter APP at any moment, without prior notice and with no liability, for justified reasons, such as, without limitation, Your infringement of these Terms of Use. These Terms of Use and all rights granted to You hereunder will immediately and automatically terminate if You violate any provisions of these Terms of Use or applicable regulations, or You engage in any action that disparages RIVULIS or any of its Affiliates, or otherwise devalues the name, logos, trademarks, goodwill or reputation of RIVULIS or any of its Affiliates.
You may cease using Rivulis Filter APP in any moment, simply by uninstalling it. You are responsible for notifying RIVULIS if you wish to cancel your Account.
In case of termination by RIVULIS or by You for any reason, Your rights hereby will cease immediately, including but not limited to any associated license right, and You shall stop using Rivulis Filter APP and uninstall it immediately. RIVULIS is entitled to delete any information, content or material that you may have furnished to RIVULIS through Rivulis Filter APP.
These Terms of Use and Rivulis Filter APP Privacy Policy, and the terms for new versions, supplements, and updates, if any, are the entire license agreement between you and RIVULIS for Rivulis Filter APP and supersedes any prior agreements relating to the subject matter hereof between You and RIVULIS or its Affiliates.
RIVULIS may assign, transfer, or otherwise dispose of its rights and obligations under these Terms of Use, in whole or in part, at any time. You may not assign or transfer any rights under these Terms of Use.
These Terms of Use will be governed by and construed according to the laws of Israel. The Parties agree to submit any conflict to the competent courts located in the city of Tel-Aviv or, if You are a consumer, You may opt for going before the Courts of your domicile. However, before initiating any legal action, the Parties will try to solve the controversy. You may contact RIVULIS for these purposes marcom@rivulis.com. This is RIVULIS’s point of contact. You may also use it to notify us of any illicit content in or accessible by Rivulis Filter APP. For our full details, please refer to the table in the headline part of these Terms of Use. If You are a consumer, please be informed of the existence of an online dispute resolution platform accessible here.