Last Revised: February 6, 2019
You acknowledge and agree that by accessing or using the Services or by installing the App, you are indicating that you have read, understand, and agree to be bound by the Terms and to comply with all applicable laws and regulations. If you do not agree with the Terms, then you must stop accessing or using the Services. The Terms shall govern any and all kind of use and features offered via the Services as may become available from to time to time.
We reserve the right, at our discretion, to revise or update the Terms at any time. Such changes shall be effective upon publication of the amended terms. The last revision will be reflected in the “Last Revised” date above. Please make sure to review the Terms periodically. In the event of a material change we will make best efforts to inform you.
ABOUT The Service and Payment Options
Lobster Apps develops and provides certain Apps which assist users in managing their contacts by syncing, restoring merging and backing up their contacts. We offer users different contact management solutions such as: contacts backup & restore, merge duplicates, cleanup, group texting, group sharing & smart dialer, sync of your contact with your social network picture and additional solutions, features and enhancements as may become available by Lobster from time to time.
Lobster Apps tries to provide a variety of products to its users, therefore, we may offer users a version of limited Apps or Services for free in accordance with the terms and conditions of the Terms. If you wish to enjoy the full capacity of the Apps or Services that we offer, including use of all or additional features, then you may be required to pay the applicable fees for such use, in order to enjoy the full capacity of the Apps or Services. If you choose to pay for such Apps or Services, you acknowledge and agree that such Payments shall be made through the applicable app store (i.e., in-app payments) and as such shall be subject to the relevant app store terms and conditions, including their terms with respect to refunds or cancellation.
Further, some of the Services may include group texting which may impose fees from your mobile carrier, as set forth by each and every mobile operator. Such carrier fees are subject to your own engagement with your mobile carrier and that carrier’s respective policies.
Account Registration and Use
Please note that any use or access by anyone under the age of 16 is strictly prohibited. By accepting the Terms, you hereby represent that you are at least 16 years or older and that you have the legal capacity to enter this agreement.
You will need to register and create an account if you wish to be able to fully use the Services. Your account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. You may register for an account either by providing us with certain specific details (e.g. full name; email address; etc.) or you may register by using third-party online services, such as Google or Facebook.
You are solely responsible for the activity that occurs on your account, and you must keep your account credentials, including passwords, secure and confidential. Furthermore, if any unauthorized use of your account has occurred you agree to inform us immediately of such unauthorized use. By accepting the Terms, you represent to us that you are responsible for all activities taking place under your account. Please note that once you create an account, you will join our mailing list as our partner. You can choose to remove your email address from that mailing list by choosing the "unsubscribe" link at the bottom of any email communication we send to you.
Proprietary rights and License
You acknowledge and agree that all our intellectual property rights including but limited to all copyrights, trademarks, patents, icons, logos, characters, layouts, service marks, trade names, software code, trade secrets, buttons, color scheme and graphics are Lobster App’s exclusive intellectual property and are all protected by local and international intellectual property laws and treaties including all applicable copyright laws and regulations.
Subject to the terms and conditions of the Terms and your compliance with applicable laws and regulation, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, worldwide license to download and install a copy of the App and the right to use and access the Services on a mobile device that you own or control, in the format of an application solely for your own personal non-commercial purposes. Any right that is not expressly granted to you under these Terms is expressly reserved by Lobster App. Except as set forth hereunder, you may not copy, alter, adapt, modify, reproduce, distribute or commercially exploit any materials, including graphics, video, text, audio, software code, design, logos or user interface from this or any of our Services, without our prior written consent. You hereby warrant and undertake that you will not make any copies of, decompile or disassemble, reverse engineer, modify, adapt, translate, distribute or otherwise transfer, rent, lease, resell, sublicense or otherwise commercially exploit our Services or any part thereof.
Service Changes. You hereby acknowledge and agree that for the purposes of repair, improvement or upgrade of the Services or for any of the reasons for termination as set forth hereunder Lobster App shall be entitled, without any liability, to refuse, suspend, restrict, limit or interrupt the Services or any part thereof, without any notice to you.
User Representations and Undertakings
You hereby represent and warrant that any download, installation, use or access you make in connection to App or the Services is your sole responsibility and at your sole risk. Furthermore, you represent and warrant that any use you make of the App or Services shall not constitute or otherwise include any Prohibited Conduct, such as: any unlawful, illegal, harmful use, including, among others, conduct which breaches applicable laws, regulation, rules, applicable policies and third party rights, deletion or modification of any attributions, legal notices or other proprietary designations or labels on the App or Services or on any third party material contained or otherwise available therein, interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Services.
The use of the App or Services shall be made solely in accordance with the Terms, as may be amended from time to time, and solely for the purposes stipulated therein. Restriction on Use. You may not use the Services in any manner that could impair, disrupt, disable or damage the Services, or interfere with any other party’s use and enjoyment of the App or Services; including by (a) interfering with or damaging any server, equipment or network connected to or used to provide any of the App or Services, or breaching any applicable laws, regulations, rules or terms of service of any server, equipment or network; (b) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our Services or infrastructure; (c) uploading invalid data, viruses, worms, malicious code or other software agents through the App or Services; (d) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (e) interfering with the proper working of the Services; (f) bypassing the measures we may use to prevent or restrict access to the App or Services; (g) create a database by systematically downloading and storing all or any content from the Services; or (h) use the Services for any illegal or unauthorized purpose, encourage criminal behavior or conduct that would constitute a criminal offense under any applicable law, or could give rise to civil liability or other lawsuit. Upon termination of the Terms for any reason, you continue to be bound by the foregoing restrictions on use with respect to the App and Services.
You acknowledge and agree that your use of the App or Services is at your own discretion and sole risk and that the entire risk as to the results and performance of the Services, including, among others, any damages to your mobile device, computer system, well-being or any other device used to access the Services, or data stored on such devices, is solely yours.
To the maximum extent not prohibited under applicable law, THE APP AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. USE OF THE APP AND SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LOBSTER APP, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE APP OR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE APP OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE APP OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
LOBSTER APP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES OFFERED BY A THIRD PARTY THROUGH THE APP OR SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICES AND LOBSTER APP WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You acknowledge and Agree that Lobster App not be liable for any failure to perform its obligations hereunder in case such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, and we shall not be held responsible for any damages caused to you or any third party that may result from third party technical issues such as traffic congestion, slow connections, or overload of our or other servers or any issues of telecommunications or internet providers.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOBSTER APP, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE APP OR SERVICES. UNDER NO CIRCUMSTANCES WILL LOBSTER APP BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOBSTER APP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APP OR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP OR SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY USER CONTENT, CONTENT UPLOADED BY USER OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR ANY INFRINGEMENT OF THIRD PARTY RIGHTS BY USER IN CONNECTION WITH SUCH CONTENT.
IN NO EVENT SHALL LOBSTER APP, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE LOWER OF: (A) THE AMOUNT YOU PAID TO LOBSTER APP HEREUNDER OR (B) US$250. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LOBSTER APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN THE APPLICABLE JURISDICTION.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, the foregoing exclusions and limitations will be enforced to the greatest extent permitted by applicable law.
Lobster App reserves the right to cancel your access to the Services or terminate your account, at our sole consideration, at any time and for any reason, with or without notice to you, unless you upgraded to a premium (paid) account. If you choose to cancel your account and delete your data, you can do so at any time by sending us request.
You agree to defend, indemnify and hold harmless Lobster App, its directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the App or Services; (ii) any breach of the term of the Terms by you; (iii) your infringement of any third party rights, including, among others, any copyright, intellectual property right or privacy right; or (iv) any claim that one of your act or omission caused damage to a third party; (v) your breach of any law, rule or regulation as applicable to you in connection with the App or Services; (v any other party’s access and use of the Services with your unique username, password or other appropriate security code
The Terms shall be governed by the laws of the State of New York, without respect to its conflict of laws principles, and notwithstanding the jurisdiction where you are based. You irrevocably submit to the exclusive jurisdiction of the competent courts in Manhattan, New York to settle any dispute which may arise out of, under, or in connection with the Terms. The place of performance shall be in New York. We provide no warranty or guarantee that The Services or information available on it complies with laws other than those of Israel.
Severability. Should any one or more of the provisions of the Terms be determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or impaired by such determination and will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
Waiver. A delay or omission by either party to exercise any right under the Terms shall not be construed to be a waiver of such right. A waiver by either party of any of the performance provisions of the Terms or any breach with respect to such performance shall not be construed to be a waiver of any succeeding performance or breach.
Assignment. Lobster App reserves the right to transfer, assign, sublicense or pledge the Terms, in whole or in part, in the event of a merger, sale of assets or other similar corporate transaction in which Lobster App may be involved in. You may not transfer, assign, sublicense or pledge any of your or your rights or obligations under the Terms without Lobster App’s prior written approval.
Force Majeure. Lobster App will not be liable for any delay or failure to perform the Services if and to the extent that such delay or failure to perform is caused or otherwise brought about by circumstances beyond Lobster App’s reasonable control, including strikes, lockouts, labor troubles, restrictive government or judicial orders or decrees, riots, insurrection, war, terrorism, Acts of God, and/or inclement weather, which Lobster App is unable to prevent by the exercise of reasonable due diligence.
Entire Agreement. The Terms, together with any other legal notices, exhibits and agreements published by Lobster App via the Services, shall constitute the entire agreement between you and Lobster App concerning the Services.
Signature Waiver. 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 mandatory law.
If you have any questions regarding the Terms, you may contact us.
Lobster Apps Inc.
1223 Cleveland Ave. Suite 200
San Diego, CA 92103