TERMS OF USE

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Welcome to www.unmutemyphone.com (together with its web, Content, Marks, and services, the “Application” or “Un Mute My Phone”). Please read the following Terms of Use carefully before using this application so that You are aware of Your legal rights and obligations with respect to Alerteenz Ltd. (“Alerteenz” “UnMuteMy״,״we״, our״ or ״us״). By accessing or using the Application, You expressly acknowledge and agree that You are entering into a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the ״Terms״). Please be informed that we only provide You with electronic signatures or delivery or retention of electronic records, unless it would be requested by applicable law. If You do not agree to be bound by these Terms please do not access or use the Application.

 

Alerteenz with a registered address at Hacharuv 8, Riphon, Israel is a company incorporated under the laws of Israel with registry number 515196822 and e-mail info@UnMuteMyPhone.com.

 

1. Background.  The Application is intended as a tool to assist individuals in locating their mobile devices or reaching their contacts in situations where the device is set to silent mode, enabling authorized users to remotely unmute each other's devices. The Application facilitates mutual assistance between connected users by providing the capability to unmute devices that are otherwise inaudible. Therefore, the intended users are individuals who have explicitly granted and received permission to utilize this unmuting functionality with their contacts, who, in these Terms, will be referred to as "You," "Your," or "User." 

2. Modification of the Terms.  At our discretion and for legitimate reasons, we reserve the right to change these Terms at any time. Such a change will be effective ten (10) days following the posting of the revised Terms on the Application, and Your continued use of the Application thereafter means that You accept those changes.

 

3. Application Access. For such time as these Terms are in effect, we hereby grant You permission to visit and use the Application provided that You comply with these Terms and applicable law.

 

4. Restrictions.  You shall not: (i) copy, distribute, or modify any part of the Application without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Application; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Application; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Application or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Application.

 

5. Un Mute My Phone.

 

5.1 General: The Application operates through a mutual consent system between connected users. When two users connect through the Application, each party gains the ability to unmute the other's device, provided both parties have granted explicit permission through the Application installation and contact authorization process. 

5.2. Use of the application. The Application is a service that enables connected users to remotely unmute each other's devices when those devices are in silent mode. The system operates based on mutual consent and requires both parties to explicitly authorize the connection before any unmuting functionality becomes available. 

By creating an account with Un Mute My Phone, You expressly authorize us to facilitate device unmuting between You and Your approved contacts. This requires You to provide certain personal information, including but not limited to Your name and contact list information. You can choose which contacts to connect with through the Application. Un Mute My Phone will use this personal information solely to enable the unmuting functionality between connected users. It is Your responsibility to inform Your contacts about the connection request and obtain their consent before establishing a connection through Un Mute My Phone. By connecting with another user, You represent and warrant that You have obtained their consent and that You are not prohibited by law from establishing such a connection. 

UNMUTEMY MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OR CONTINUOUS AVAILABILITY OF THE UNMUTING FUNCTIONALITY, OR ABOUT THE ABILITY OF THE APPLICATION TO SUCCESSFULLY UNMUTE DEVICES UNDER ALL CIRCUMSTANCES OR DEVICE CONFIGURATIONS.

IF YOU EXPERIENCE ANY UNAUTHORIZED USE OF THE UNMUTING FUNCTIONALITY, OR IF YOU DETECT OR SUSPECT MISUSE OF THE APPLICATION, OR BELIEVE THERE IS A RISK TO ANY INDIVIDUAL'S PRIVACY OR SECURITY, APPROPRIATE ACTIONS SHOULD BE TAKEN, INCLUDING IMMEDIATELY REVOKING CONNECTIONS AND CONTACTING OUR SUPPORT TEAM. 

USE OF THE APPLICATION IS NOT INTENDED TO REPLACE OR SUBSTITUTE OTHER METHODS OF LOCATING OR CONTACTING INDIVIDUALS. UN MUTE MY PHONE IS NOT RESPONSIBLE FOR ANY RELIANCE OR DECISIONS MADE BY YOU BASED ON THE AVAILABILITY OR FUNCTIONALITY OF THE UNMUTING FEATURE NOR FOR ANY CONSEQUENCES ARISING FROM THE USE OR INABILITY TO USE THE APPLICATION. 

 

6. Account.

 

6.1 Creating an Account. In order to use the services of the Application, You must register and create an account . When creating Your Account, You must provide accurate and complete information about yourself. You are solely responsible for the activity that occurs in Your Account, and You must keep Your Account secure. You must notify Alerteenz immediately of any breach of security or unauthorized use of Your Account. You are solely responsible and liable for the activity that occurs in connection with Your Account. If You wish to delete Your Account (including all your Personal Information) You may do it at any time by sending an email to Un Mute My Phone at info@UnMuteMyPhone.com.

 

7. Intellectual Property Rights.

 

7.1 Content and Marks. The (i) content on the Application, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Materials"), (ii) and User Submissions, as defined below (together with the Materials, the "Content"), and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the property of Alerteenz and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Un Mute My Phone”, the Un Mute My Phone logo, and other marks are Marks of Alerteenz or its affiliates. All other trademarks, service marks, and logos used on the Application are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Application and the Content.

 

7.2. Use of Content. Content on the Application is provided to You for Your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If You download or print a copy of the Content You must retain all copyright and other proprietary notices contained therein.

 

8. Third-Party Sources and Content.

 

8.1 The Application may enable You to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us ("Third Party Content"). The Application may also enable You to communicate and interact with Third Party Sources "Third Party Source(s)" means: (i) third-party web, applications and services; and (ii) our partners and customers.

 

8.2. We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions, or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that You interact with before You engage in any such activity.

 

8.3. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content.

 

8.4. We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to You from a Third Party Source.

 

8.5. You are solely responsible and liable for Your interaction with a Third Party Source. To the extent permitted by applicable law, you agree to waive, and hereby do waive, any legal or equitable rights or remedies You may have against Alerteenz, and release Alerteenz from any and all liability, arising from Your use of and interaction on any Third Party Content and from Your interaction with any Third Party Source. If You have any query or complaint regarding a Third Party Source or any Third Party Content, You agree to contact the Third Party Source directly.

 

9. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Application is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at Your own risk and responsibility.

 

10. Privacy. We will use any personal information that we may collect or obtain in connection with the Application in accordance with our privacy policy which is available at http://www.UnMuteMyPhone.com/privacy-policy (“Privacy Policy”). You agree that we may use personal information that You provide or make available to us in accordance with the Privacy Policy. Note that UnMuteMy is fully committed to privacy. We do not store information collected from children through the Child App, nor do, under no circumstances, we share it with any third parties.

 

11. Warranty Disclaimers.

 

11.1 This section applies whether or not the services provided under the Application are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.

 

11.2. THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALERTEENZ HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ALERTEENZ DOES NOT GUARANTEE THAT THE APPLICATION WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE APPLICATION MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT ALERTEENZ WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE APPLICATION BY A THIRD PARTY.

 

11.3. YOU SPECIFICALLY ACKNOWLEDGE THAT ALERTEENZ SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY APPLICATION USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

11.4. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, ALERTEENZ DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE APPLICATION.

 

12. Limitation of Liability.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY, AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW:

 

12.1 ALERTEENZ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APPLICATION, EVEN IF ALERTEENZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to You.

 

12.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ALERTEENZ FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APPLICATION EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO ALERTEENZ FOR USING THE APPLICATION DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.

 

13. Indemnity. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Alerteenz and our affiliates, and our respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) Your use of, or inability to use, the Application; (ii) Your User Submissions; (iii) Your interaction with any Application user; or (iv) Your violation of these Terms.

 

14. Term and Termination. These Terms are effective until terminated by Alerteenz or You. Alerteenz, in its sole discretion, has the right to terminate these Terms and/or Your access to the Application, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Alerteenz shall not be liable to You or any third party for termination of the Application, or any part thereof. If You object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Application in any way, Your only recourse is to immediately discontinue use of the Application. Upon termination of these Terms, You shall cease all use of the Application.

 

You may, at any time and in Your sole discretion, request to terminate Your Account by contacting us at info@UnMuteMyPhone.com. Please note that merely uninstalling the Application won't delete Your account and its details, including all the information associated with it, which would still remain on our systems. If You only wish to discontinue monitoring a mobile device, You must delist that device from the list of monitored devices on the Application and remove the Child App from that device.

 

 Upon termination of these Terms or Your account, for any reason, Your right to use the application and the services we provide is terminated and You must immediately cease using the application; and we will not be liable to You for termination of access to the Application.

 

15. Changes in the Application

 

To the extent permitted by the applicable law, we may, at any time and without prior notice change the layout, design, scope, features, or availability of the application and the service we provide therein.

 

16. Independent Contractors. You and Alerteenz are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between You and Alerteenz. You must not under any circumstances make, or undertake, any warranties, representations, commitments, or obligations on behalf of Alerteenz.

 

17. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You but may be assigned by Alerteenz without restriction or notification to You, if applicable under the corresponding law.

 

18. General. These Terms and the relationship between You and Alerteenz shall be governed by and construed in accordance with the laws of the State of Israel to the extent permitted by applicable consumer law and subject to the applicable consumer jurisdiction. These Terms shall constitute the entire agreement between You and Alerteenz concerning the Application. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. IN CASE THE APPLICABLE LAW ALLOWS TO DO THAT, YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Last updated: DECEMBER 2024