Terms of Use

Acceptance of the Terms of Use

BEFORE USING THIS ACCEL LAUNCHER AND WEBSITE, PLEASE READ THESE TERMS OF USE IN ITS ENTIRETY. BY USING THIS ACCEL LAUNCHER APPLICATION SERVICE (THE “SERVICE”), YOU ARE AGREEING TO ALL OF THE BELOW TERMS, WHICH INCLUDE A CLASS ACTION WAIVER, ARBITRATION AGREEMENT, LIMITATION OF LIABILITIES, AND DISCLAIMER OF WARRANTIES. IF YOU DO NOT AGREE TO ALL TERMS IN THIS AGREEMENT, DO NOT USE THIS WEBSITE.

These terms of use are entered into by and between You and Us(“Company”, “we” or “us”). The following terms and conditions, together with our privacy policy available at: http://accellauncher.com/privacy and any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of Accel Launcher and this website , including any content, functionality, and services offered on or through our Website and Accel Launcher.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and Accel Launcher thereafter. The last revision will be reflected in the "Last Updated" heading .

Your continued use of the Website or Accel Launcher following the posting of revised Terms of Use, means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Accel Launcher

We reserve the right to withdraw or amend this Website or Accel Launcher, and any service or material we provide on the Website and Accel Launcher, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Accel Launcher is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Accel Launcher. Any of the material on the Website and Accel Launcher may be out of date at any given time, and we are under no obligation to update such material.

Updates and Upgrades.

You may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop Accel Launcher and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates and permit Us to deliver these to you as part of your use of Accel Launcher.

Intellectual Property Rights

The Website, Accel Launcher and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website or Accel Launcher for your personal, non-commercial use only. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website/Accel Launcher, use the Website/Accel Launcher (including but not limited to any content and Marks) in any manner that is inconsistent with this Agreement or any applicable laws, rules or regulations, Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Website /Accel Launcher or any Company or third party servers, networks or accounts, Circumvent or modify any technology or mechanism used in connection with the Website and the Accel Launcher, including any mechanisms used to restrict access.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Accel Launcher in breach of the Terms of Use, your right to use the Website and Accel Launcher will stop immediately and you shall, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website/Accel Launcher or any content on the Website/Accel Launcher is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website/Accel Launcher not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and any other applicable laws.

Trademarks

The Company name, the terms Accel Launcher, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website/Accel Launcher are the trademarks of their respective owners.

Information About You and Your Visits to the Website and Accel Launcher

All information we collect on this Website and Accel Launcher is subject to our Privacy Policy. By using the Website and Accel Launcher, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Disclaimer of Warranties

We strive to provide you with a complete functioning product and service, however, You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website and Accel Launcher will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE AND ACCEL LAUNCHER OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND ACCEL LAUNCHER OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE AND ACCEL LAUNCHER LINKED TO IT.

YOUR USE OF THE WEBSITE AND ACCEL LAUNCHER, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND ACCEL LAUNCHER IS AT YOUR OWN RISK. THE WEBSITE AND ACCEL LAUNCHER, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND ACCEL LAUNCHER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE AND ACCEL LAUNCHER. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE AND ACCEL LAUNCHER, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND ACCEL LAUNCHER WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE AND ACCEL LAUNCHER OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND ACCEL LAUNCHER WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE AND ACCEL LAUNCHER, ANY WEBSITE AND ACCEL LAUNCHERS LINKED TO IT, ANY CONTENT ON THE WEBSITE AND ACCEL LAUNCHER OR SUCH OTHER WEBSITE AND ACCEL LAUNCHERS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and Accel Launcher, including, but not limited to, any use of the Website and Accel Launcher’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website and Accel Launcher.

Governing Law and Jurisdiction

All matters relating to the Website and Accel Launcher and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Israel without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website and Accel Launcher shall be instituted exclusively in the courts of Tel Aviv although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website and Accel Launcher, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of the Israel Arbitration Law, 5728-1968.

Class Action Waiver

You waive the right to bring any claim covered by this dispute resolution provision as a class, mass, consolidated, representative, collective, or private attorney general action, or to participate in a class, mass, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE AND ACCEL LAUNCHER MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set out in these Terms of Use 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Us regarding the Website and Accel Launcher and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Accel Launcher. You and the Company are independent entities, and nothing in this Agreement, or through the use of the Website, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. Any provisions of this Agreement which by their nature are intended to survive termination shall do so (including, without limitation, those relating to intellectual property, disclaimer of warranties, limitation of liability, governing law, dispute resolution, indemnification, and general matters).

How to Contact the Company

If you have any questions about the Website or this Agreement, please email us at [email protected].