*הכתוב באנגלית הינו המשך של הכתוב בעברית
*בכל מקום בתקנון זה בו משתמשים בלשון זכר, הכוונה גם לנקבה במשמע.
אתה מאשר שאתה בעלים בלעדי של כל הזכויות במידע ובתוכן שתספק לשירות. מידע ותוכן כזה נשאר בבעלותך ואתה מקנה בו ל אמ.די.אס טכנולוגיות אלחוטיות בע”מ רישיון חינם כלל עולמי, בלעדי, בלתי חוזר ובלתי מוגבל בזמן, שניתן להעברה וכולל זכות למתן רישיונות-משנה, להשתמש, להעתיק, להפיץ, ליצירת יצירות נגזרות, להציג ולבצע בפומבי מידע ותוכן כזה. בכפוף לכך, בסיס הנתונים של השירות הוא קניינה של החברה ואין להשתמש בהם אלא לצרכים פרטיים ולא מסחריים בלבד.
השירות באפליקציה מוצע בחינם, בתקווה שתמצא אותו מועיל. עם זאת, אמ.די.אס טכנולוגיות אלחוטיות בע”מ ו\או עובדיה, מנהליה, בעלי מניותיה, יועציה ו\או מי מטעמה (לעיל ולהלן: (אמ.די.אס טכנולוגיות אלחוטיות בע”מ לא ישאו בחבות כלשהיא כלפיך ו\או כלפי צדדים שלישים, מכל סיבה שהיא, בקשר עם מוצרי ו\או שירותי אמ.די.אס טכנולוגיות אלחוטיות בע”מ והנך משחרר בזאת באופן בלתי חוזר את אמ.די.אס טכנולוגיות אלחוטיות בע”מ מכל אחריות מכל סוג שהיא, לכל תוצאה הנובעת מהשימוש במוצרי ו\או שירותי אמ.די.אס טכנולוגיות אלחוטיות בע”מ, לרבות (אך לא רק) בגין כל הפסד, אבדן רווח, פגיעה במוניטין, תשלום, הוצאה ו\או נזק, ישיר או עקיף, ממוני או בלתי ממוני.
מי זכאי לבצע פעולות רכישה
15.על המשתמש להיות בעל תא דואר ברשת האינטרנט ובעל כתובת בישראל
20.1. המשתתף ביצע מעשה בלתי חוקי ו/או עבר על הוראות הדין.
20.2. המשתתף הפר תנאי מתנאי התקנון.
20.3. המשתתף מסר בעת ההרשמה ו/או לאחר מכן בטלפון פרטים שגויים במתכוון.
20.4. המשתתף ביצע מעשה או מחדל שיש בו כדי לפגוע ב”חברה” או בפעילות התקינה של האתר ו/או מי מטעמה ו/או מי מבעלי החנויות ו/או מי מצד ג’ כל שהוא.
20.5. בכוונת המשתתף לשוב ולמכור את המוצר או השירות בו יזכה לצד ג’ ו/או לסחור בו.
המוצרים המוצעים לרכישה באתר
26.1. מפרט כללי של המוצר.
26.2. מחיר המוצר ותנאי התשלום האפשריים.
26.3. מחיר ההובלה או המשלוח.
26.4. דרך ומועד אספקת המוצר – מיום אישור חברת האשראי את פעולת הרכישה.
אופן ביצוע פעולת רכישה
ביטול עסקת הרכישה
54.1. זמני אספקה עם שליח UPS עד הבית או עד מקום העבודה – עד חמישה ימי עסקים.
54.2. זמני אספקה עם דואר ישראל (דואר רשום) לכתובת אותה מילא הרוכש באתר- עד 10 ימי עסקים.
סמכות שיפוט ומדיניות פרטיות
Terms of Service
M.D.S Wireless Technologies Ltd (“Switcher”) sells the Switcher product (“Product”), and also provides (a) the website located at (“Site”), (b) services through the Site ,and (c) software that may be downloaded to your smartphone or tablet (“Mobile Apps”). The term “Services” means the Site, , and Mobile Apps. These Terms of Service (“Terms”) govern your access to and use of the Services.
The software embedded in the Product (and any updates thereto) (“Product Software”) is licensed separately and governed by the M.D.S Wireless Technologies Ltd End User Licensing Agreement.
BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT OR AGREE TO THESE TERMS IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES.
(a) Overview. These Terms govern your use of the Services. These Terms do not govern your purchase of the Product or license of the Product Software. Your purchase of the Product is governed by the limited warranty (“Limited Warranty”), the terms of which are available at . The Product Software is governed by the M.D.S Wireless Technologies Ltd End User Licensing Agreement.. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. All additional guidelines, terms, or rules, and the M.D.S Wireless Technologies Ltd Privacy Statement at (“Privacy Statement”), are incorporated by reference into these Terms.
(b) Eligibility. You may use the Services only if you can form a binding contract with M.D.S Wireless Technologies Ltd, and only in compliance with these Terms and all applicable local, state/provincial, national, and international laws, rules, and regulations. Any use or access to the Services by anyone under 13 is strictly prohibited and in violation of these Terms. If you have not reached the age of majority in your jurisdiction of residence you may use the Services only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The Services are not available to any users previously removed from the Services by M.D.S Wireless Technologies Ltd.
(c) Customer Service. If you have any questions or concerns regarding our Product, the Services, or these Terms, please contact M.D.S Wireless Technologies Ltd through the Site at Switcher.co.il.
(d) Term and Termination. These Terms will remain in full force and effect so long as you continue to use or access the Services, or until terminated in accordance with the provisions of these Terms. At any time M.D.S Wireless Technologies Ltd may (i) suspend your rights to use the Services or (ii) terminate these Terms, if M.D.S Wireless Technologies Ltd in good faith believes that you have used the Services in violation of these Terms. If you transfer your Product to a new owner, your right to use the Services with respect to the Product automatically terminates, and the new owner will have no right to use the Services under your Account (as described below) and will need to register for a separate Account with Switcher. The limited warranty for such Product will transfer to the new owner subject to the terms of warranty.
(e) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.
To use the Services, you must register for an account with Switcher (“Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any Israel. or other applicable law or regulation You are responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You may not use another user’s account without permission. M.D.S Wireless Technologies Ltd encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. You agree to immediately notify M.D.S Wireless Technologies Ltd of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. M.D.S Wireless Technologies Ltd is not liable for any loss or damage arising from your failure to comply with the above requirements.
(a) Access and Use. Subject to these Terms, M.D.S Wireless Technologies Ltd grants you a non-transferable, non-exclusive, right (without the right to sublicense) to (i) install and use the Mobile Apps solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone) and solely for the Permitted Purpose.
(b) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Services, the Product, the Product Software, or any other system, device or property; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by M.D.S Wireless Technologies Ltd; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
(c) Open Source. Certain items of independent, third party code may be included in the Mobile Apps that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.
(d) Privacy Statement. Please review our Privacy Statement, available at . Our Privacy Statement describes practices regarding information Switcher may collect from users of the Services.
(e) Security. M.D.S Wireless Technologies Ltd cares about the integrity and security of your personal information. However, M.D.S Wireless Technologies Ltd cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
(f) Modification M.D.S Wireless Technologies Ltd reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that M.D.S Wireless Technologies Ltd will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
(g) Automatic Software Updates. M.D.S Wireless Technologies Ltd may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Mobile Apps (“Updates”). You acknowledge that you may be required to install Updates to use the Services and you agree to promptly install any Updates M.D.S Wireless Technologies Ltd provides.. If you do not want such Updates, your remedy is to stop using the Mobile Apps and cease using the Services altogether.
You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Product, Product Software, and Services (i.e., the Site, and Mobile Apps) are owned by M.D.S Wireless Technologies Ltd or our licensors. The provision of the Product, Product Software, and Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. M.D.S Wireless Technologies Ltd and its licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.
You may choose to, M.D.S Wireless Technologies Ltd may invite you to submit comments, suggestions, or ideas about the Services, including how to improve the Services or M.D.S Wireless Technologies Ltd products (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place M.D.S Wireless Technologies Ltd under any fiduciary or other obligation, and that M.D.S Wireless Technologies Ltd is free to use such Ideas without any additional compensation to you and to disclose such Ideas. You also agree that M.D.S Wireless Technologies Ltd does not waive any rights to use similar or related ideas previously known to M.D.S Wireless Technologies Ltd, developed by its employees, or obtained from other sources.
U1You agree to indemnify and hold M.D.S Wireless Technologies Ltd and its licensors and suppliers harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your violation of these Terms. M.D.S Wireless Technologies Ltd reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify M.D.S Wireless Technologies Ltd and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without M.D.S Wireless Technologies Ltd’s prior written consent. M.D.S Wireless Technologies Ltd will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
(a) App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android Market from Google (each an “App Store”). You acknowledge that these Terms are between you and M.D.S Wireless Technologies Ltd and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
(b) Third Party Sites. The Site may contain links to other web sites operated by third parties (“Third Party Sites”). Such Third Party Sites are not under our control. M.D.S Wireless Technologies Ltd provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites.
(d) Release Regarding Third Parties. M.D.S Wireless Technologies Ltd is not responsible for third parties, including the App Stores, Third Party Sites, ISPs, and Carriers. You hereby release M.D.S Wireless Technologies Ltd and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties.
(a) THE WARRANTY FOR THE PRODUCT AND PRODUCT SOFTWARE ARE SET FORTH IN THE LIMITED WARRANTY AND THE EULA, RESPECTIVELY.
(b) THE SERVICES (I.E., THE SITE, AND MOBILE APPS) ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND M.D.S WIRELESS TECHNOLOGIES LTD AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
(c) M.D.S WIRELESS TECHNOLOGIES LTD AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ) M.D.S WIRELESS TECHNOLOGIES LTD OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) ) M.D.S WIRELESS TECHNOLOGIES LTD BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF ) M.D.S WIRELESS TECHNOLOGIES LTD KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) ) M.D.S WIRELESS TECHNOLOGIES LTD S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO ) M.D.S WIRELESS TECHNOLOGIES LTD OR ) M.D.S WIRELESS TECHNOLOGIES LTD’S AUTHORIZED RESELLER FOR THE SERVICES OR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. ) M.D.S WIRELESS TECHNOLOGIES LTD DISCLAIMS ALL LIABILITY OF ANY KIND OF ) M.D.S WIRELESS TECHNOLOGIES LTD’S LICENSORS AND SUPPLIERS. THE SERVICES PROVIDE YOU INFORMATION (“PRODUCT INFORMATION”) REGARDING YOUR ENERGY USE OR OTHER PERIPHERALS CONNECTED TO THE PRODUCT (“PRODUCT PERIPHERALS”). THE TYPE OF PRODUCT PERIPHERALS THAT MAY BE CONNECTED TO YOUR PRODUCT MAY CHANGE FROM TIME TO TIME. THE SERVICES MAY BE USED TO CONTROL YOUR BOILER OR PRODUCT PERIPHERALS VIA THE PRODUCT. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”. WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE, OR THAT PRODUCT INFORMATION OR USE OF THE SERVICES OR THE PRODUCT WILL DECREASE THE ENERGY CONSUMPTION OF YOUR HOME OR PROPERTY. YOU ARE SOLELY RESPONSIBLE FOR ALL ENERGY BILLS INCURRED WITH RESPECT TO YOUR HOME OR PROPERTY. YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND ) M.D.S WIRELESS TECHNOLOGIES LTD DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR BOILER SYSTEM, PLUMBING, HOME OR PROPERTY, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME OR PROPERTY, RESULTING FROM YOUR USE OF PRODUCT INFORMATION, THE SERVICES, OR THE PRODUCT. PRODUCT INFORMATION PROVIDED BY THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING INFORMATION
Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.
(a) Changes to these Terms or the Privacy Statement. These Terms and the Privacy Statement are subject to occasional revision, and if ) M.D.S Wireless Technologies Ltd makes any material changes, ) M.D.S Wireless Technologies Ltd may notify you by prominently posting notice of the changes on the Site. Any changes to these Terms or the Privacy Statement will be effective immediately following our posting of notice of the changes on the Site. Continued use of the Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
Contact M.D.S Wireless Technologies Ltd first. If a dispute arises between you and M.D.S Wireless Technologies Ltd, our goal is to learn about and address your concerns. You agree that you will notify M.D.S Wireless Technologies Ltd about any dispute you have with ‘Switcher’ regarding these Terms by emailing through the address available at . Governing Law. These Terms are governed by the laws of the State of Israel without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state for the purpose of litigating all such claims or disputes, unless submitted to arbitration as set forth in the following paragraph. Notwithstanding the foregoing, M.D.S Wireless Technologies Ltd may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) Entire Agreement/Severability. These Terms constitute the entire agreement between you and M.D.S Wireless Technologies Ltd regarding the use of the Services. Any failure by M.D.S Wireless Technologies Ltd to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
(d) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without M.D.S Wireless Technologies Ltd’s prior written consent. These Terms may be assigned by M.D.S Wireless Technologies Ltd without restriction. These Terms are binding upon any permitted assignee.
(e) Notifications. M.D.S Wireless Technologies Ltd may provide notifications to you as required by law or for marketing or other purposes via (at its option) email, hard copy, or posting of such notice on the Site. M.D.S Wireless Technologies Ltd is not responsible for any automatic filtering you or your network provider may apply to email notifications..
(f) Disclosures. Please see for M.D.S Wireless Technologies Ltd’s address.
(g) Copyright/Trademark Information. Copyright © 2013, M.D.S Wireless Technologies Ltd. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Services are the property of M.D.S Wireless Technologies Ltd or of their respective holders. You are not permitted to use any of the Marks without the applicable prior written consent of M.D.S Wireless Technologies Ltd or such respective holders. M.D.S Wireless Technologies Ltd reserves the right to alter product and services offerings, specifications, and pricing at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or in related documents
End User License Agreement
By using the software (“Product Software”) that is embedded on the Switcher product (“Product”), you agree to the terms of this End User License Agreement (“EULA”) between you and M.D.S Wireless Technologies Ltd. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE PRODUCT SOFTWARE AND YOU MAY CHOOSE TO PROMPTLY RETURN THE PRODUCT FOR A REFUND OF THE PRODUCT PURCHASE PRICE BY CONTACTING M.D.S WIRELESS TECHNOLOGIES LTD AT THE ADDRESS BELOW. Your use of (a) the website located at and (any updates thereto) (the “Site”), (b) services through the Site (and any updates thereto) (“Site Services”), and © certain software that may be downloaded to your mobile device (and any updates thereto) (“Mobile Software”) is governed by the Terms of Service, available at http://Switcher.co.il. Your purchase of the Product (excluding the Product Software) is governed by the M.D.S Wireless Technologies Ltd limited warranty, the terms of which are provided with the Product. This EULA does not govern your use of the Site, Site Services, or Mobile Software, or your purchase of the Product (excluding the Product Software).
Subject to the terms of this EULA, M.D.S Wireless Technologies Ltd grants to you a limited and nonexclusive license (without the right to sublicense) to execute one (1) copy of the Product Software, in executable object code form only, solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, non-commercial purposes.
You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product Software or make the Product Software available to any third party, (b) copy or use the Product Software for any purpose other than as permitted in Section 1, (c) use any portion of the Product Software on any device or computer other than the Product that you own or control, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product Software, or (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Product Software (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact M.D.S Wireless Technologies Ltd and provide M.D.S Wireless Technologies Ltd an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional evaluation of any of the Product Software to any third party without prior written approval of M.D.S Wireless Technologies Ltd for each such release.
Any future release, update, or other addition to the functionality of the Product Software, if any, provided by M.D.S Wireless Technologies Ltd (collectively, “Updates”) will be subject to the terms of this EULA, unless M.D.S Wireless Technologies Ltd states otherwise in writing. To keep your Product Software up-to-date, M.D.S Wireless Technologies Ltd may automatically provide your Product with Updates to the Product Software.
The Product Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of M.D.S Wireless Technologies Ltd and its licensors. M.D.S Wireless Technologies Ltd and its licensors reserve all rights in and to the Product Software not expressly granted to you in this EULA. The Product Software (and all copies thereof) is licensed to you, not sold, under this EULA. There are no implied licenses in this EULA. All suggestions or feedback provided by you to M.D.S Wireless Technologies Ltd with respect to the Product Software shall be M.D.S Wireless Technologies Ltd’s property and deemed Confidential Information (defined below) of M.D.S Wireless Technologies Ltd.
Certain items of software included with the Product Software are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, M.D.S Wireless Technologies Ltd makes such Open Source Software, and M.D.S Wireless Technologies Ltd’ modifications to that Open Source Software, available by written request to M.D.S Wireless Technologies Ltd at the email or mailing address listed below.
This EULA and the license granted hereunder are effective on the date you first use the Product Software or Product and shall continue for as long as you own the Product, unless this EULA is terminated under this section. M.D.S Wireless Technologies Ltd may terminate this EULA at any time if you fail to comply with any term(s) hereof. You may terminate this EULA effective immediately upon written notice to M.D.S Wireless Technologies Ltd. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Product Software, but the terms of Sections 2 through 15 (inclusive) will remain in effect, after any such termination.
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, M.D.S WIRELESS TECHNOLOGIES LTD PROVIDES THE PRODUCT SOFTWARE “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. M.D.S WIRELESS TECHNOLOGIES LTD DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE PRODUCT SOFTWARE. M.D.S WIRELESS TECHNOLOGIES LTD MAKES NO WARRANTY THAT THE PRODUCT SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
“Confidential Information” shall mean the Product Software and all other information disclosed to you that M.D.S Wireless Technologies Ltd characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; © is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of this Agreement, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of M.D.S Wireless Technologies Ltd. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify M.D.S Wireless Technologies Ltd in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement, and will cooperate with M.D.S Wireless Technologies Ltd in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify M.D.S Wireless Technologies Ltd prior to such disclosure to allow M.D.S Wireless Technologies Ltd an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with M.D.S Wireless Technologies Ltd in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.
The Product Software and related technology are subject to Israel. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Product Software and related technology, as may be required. You will indemnify and hold M.D.S Wireless Technologies Ltd harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section.
This EULA, and any claim, dispute or controversy relating to this EULA, will be governed by the laws of Israel, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this EULA must be brought in state court located in Israel and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding, except that M.D.S Wireless Technologies Ltd may seek injunctive relief in any court having jurisdiction to protect its intellectual property or Confidential Information.
Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment shall be void and without effect. Any notice to you may be provided by email to the address that you registered with M.D.S Wireless Technologies Ltd. The Product Software is deemed irrevocably accepted upon your use of the Product Software or Product. M.D.S Wireless Technologies Ltd will have no responsibility to provide maintenance or support services with respect to the Product Software. The parties are independent contractors. If any provision of this EULA is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. All waivers by M.D.S Wireless Technologies Ltd will be effective only if in writing. Any waiver or failure by M.D.S Wireless Technologies Ltd to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You acknowledge that the Product Software contains valuable trade secrets and proprietary information of M.D.S Wireless Technologies Ltd, that any actual or threatened breach of Section 2 (Restrictions) of this EULA will constitute immediate, irreparable harm to M.D.S Wireless Technologies Ltd for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The headings of Sections of this EULA are for convenience and are not to be used in interpreting this EULA. This EULA constitutes the final, complete, and exclusive agreement between the parties regarding the Product Software and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. Except as otherwise provided in this section, no amendment to this EULA will be valid unless in a writing hand-signed by the parties.
If you are using the Product Software outside the United States, then the following shall apply: (a) You confirm that this EULA and all related documentation is and will be in the English language; (b) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Product Software, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable
Questions or Additional Information. If you have questions regarding this EULA, or wish to obtain additional information, please contact us via the e-mail address or postal address available at .
This document explains what kind of information The Switcher collects and stores, including Personally Identifiable Information (data that can be reasonably linked to a specific individual or household).
We pledge to:
By using this service, you agree to allow us to collect and process information as described below. If you have any questions, please contact us at Switcher.co.il
What information does the Switcher collect?
Information input during setup: When you install the Switcher, you’ll be asked several questions about your schedule to help create an initial program of Heating settings. For example, we’ll ask questions like, What is your postal or zip code so that Switcher can retrieve weather information for your neighborhood. Another question can be “What is your Boiler Volume (80\120\160 Liters) ? “.Answering these questions helps us to set up an initial program that will keep you comfortable.
Environmental data from Switcher: We collect data from several factors as : Geographic and temp’ information .
Direct Schedule adjustments to the device: If you change the schedule on Switcher, it records and feeds that information to the Switcher algorithms to learn your desired comfort level under different situations.
Heating usage information: Every time your system turns on and off, Switcher records the time and duration during which it was on in order to offer you features such as usage history.
Technical information from the device: In order to improve your experience over time and help troubleshoot any problem you may encounter with Switcher, we record your Switcher model and serial number, software version, and technical information such as battery charge level.
What additional information does Switcher collect and store when a user connects their device to the internet?
To access your Switcher over the Internet from a smartphone or a tablet, you will need to connect it to your Wi-Fi network. During setup, the Switcher will ask for your Wi-Fi network name (SSID) and password to connect to the Internet. It will save this information on the device, along with your IP address, so that you can access it and control it from your smartphone or tablet, and so that it can communicate with Switcher servers and download software updates.
Additionally, when you create a Switcher Account, we collect and store your email address. From that point forward, your email address is used for communications from Switcher.
Like most Internet sites, we routinely record log entries (including information such as your IP address) and technical information (such as your browser type and version) when your browser, mobile device or Switcher contacts our servers. These log files are used for troubleshooting and are stored on our cloud servers.
How does M.D.S wireless technologies Ltd use the information it collects?
We use this information to provide and improve the Switcher Services, which will over time make you more comfortable and help you save energy and money. This includes information and recommendations about your energy use. We may use your email address to send you this information, or to ask you to participate in surveys about your Switcher use. We use service providers to perform some of these functions. Those service providers are restricted from sharing your information for any other purpose.
We use industry-standard methods to keep this information safe and secure while transmitted over your home network and through the Internet to our cloud servers.
With whom does M.D.S wireless technologies Ltd share my information?
Under no circumstance do we share Personally Identifiable Information for any commercial or marketing purpose unrelated to the delivery of the Switcher service without asking you first.
We may share your aggregated and anonymous information in a variety of ways, including to publish trends about energy use and conservation, to help utilities provide demand-response services and to generally improve our system. We’ve taken steps to ensure that the information cannot be linked back to you and we require our partners to keep all information in its anonymous form.
Your personal information may be collected, processed and stored by M.D.S wireless technologies Ltd or its service providers in Israel and other countries where our servers reside. As a result, your personal information may be subject to legal requirements, including lawful requirements to disclose personal information to government authorities, in those jurisdictions. We will disclose information to law enforcement, or to comply with other legal requests, only if provided with sufficient and appropriate legal process. If you select an outside party for the purchase, installation, or service of your Switcher device and share your personal information, we cannot control the collection, storage or sharing of information collected by that party. Always check the privacy policies for any company that collects your personal information.
How long does M.D.S wireless technologies Ltd save my personal information and how can I delete it?
M.D.S wireless technologies Ltd stores your Personally Identifiable Information on it’s cloud servers for as long as you remain a M.D.S wireless technologies Ltd customer in order to provide you with the service.
As described above, some information is stored directly on the Switcher device. All information is encrypted and cannot easily be accessed. You can delete the information on the Switcher device by resetting it to the defaults (using Reset in the Settings menu).
If you want to delete your Personally Identifiable Information from M.D.S wireless technologies Ltd’s servers, please call us at+972 -77-3213814. Because of the way we maintain certain services, after your information is deleted, backup copies may linger for some time before they are deleted.
We hope this answers all of your questions. If you have any further questions, please contact us at Switcher.co.il.
Please read this document carefully. It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.