Last revised: 03/20/2021
Here you'll find the fine print about the use of our site, app, and other services. Apologies for all the dense legal jargon, but there are several things we need to explain in detail:
Empathy Project Ltd. (and its affiliates) (“Empathy”, “us” or “we”) welcomes you (the “User(s)” or “you”) to our website at: www.empathy.com (and its subdomains) (the “Site”), which offers general information regarding the Empathy and the Services, and to our mobile application (the "App"), which provides an online platform for dealing with loss aspects (the “Services”, as further defined below). Each of the Site’s and the App's Users may use it in accordance with the terms and conditions hereunder.
Acceptance of the Terms
Our App (and the related Services) are available only to individuals who (a) are at least thirteen (13) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law. Therefore, you hereby represent that you possess the legal authority to enter into these Terms on your behalf and to form a binding agreement under any applicable law, to use the Services in accordance with these Terms, and to fully perform your obligations hereunder.
Or, to put it another way: These Terms govern your use of our Site and App and constitute a binding and enforceable legal contract between Empathy and you. If you are under the age of 13 you can’t use our Services.
2. The Services
Empathy offers an online platform for dealing with loss, through which you can, among other things, receive guidance on what are the steps you should undertake and how to deal with the different tasks that are part of dealing with the loss of a loved one. Choosing to use the services, you will receive consultation, recommendations, support and tools for performing such steps and receive comprehensive information related thereto (the ”Platform”).
In addition, and as part of the Platform, the App provides (i) the option to scan and upload all relevant documents to your personal account (such service shall refer to as the “Vault”); and (ii) support services through a live-chat or telephone call with Empathy’s representatives (such service shall refer to as the “Helpline”).
The Site and the App also provide comprehensive information regarding Empathy including, inter alia, an overview of, and news regarding Empathy and the Services, blog, job opportunities and so forth including any other content related thereto, such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Site and the App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site and the App (collectively, the “Content”).
The Site and/or the App may include the sending of push-notifications, messages, emails, alerts via various means of communication.
(Collectively: the “Service(s)”)
All rights in and to the content available on the site and/or the app are reserved to Empathy. To the extent legally permissible, the site and/or the app and/or the content and/or the user generated content available therein are provided on an “as is” basis. Empathy will not be liable for any damages or loss, incurred by you or any other person as a result of or in connection with your use of the site and/or the app and/or the services and/or the content and/or the user generated content available therein.
The Site And/or The App And/or The Services Are Provided For Informational Purposes Only And Are Not Intended To Constitute Professional Advice, Including Without Limitation Legal, Or Financial Advice. Your Use Of The Services (Including The Site, The App, The Content And/or The User Generated Content Available Therein) And Your Reliance On Any Information Available To You As Part Of The Services (Including Any Materials, Advises Or Recommendations Provided To You) Is Entirely At Your Own Risk. For The Avoidance Of Doubt, Empathy Is Not Liable For Any Recommendations Its Representatives Provide To The Users Through The Helpline Service.
Please note that we will do our best but cannot fully promise that we will have backups for any data processed by us as part of providing the services, as such, you are solely responsible for backing up such data (which includes any data you upload to the app and your account as part of the vault service). We are not providing any archive services for storing such data. In addition, we shall not be responsible for any unauthorized access, use or other security intrusions, failure to store and any other damage or loss to such data
All user generated content is supplied to Empathy by the relevant user, is not verified by Empathy and does not bind Empathy in any form.
We reserve our right to refuse provision of the services, to anyone, for any reason or for no reason all subject to applicable law.
Or, put briefly, three things are important to note here:
1. the Site and/or the App (including all related Services) are provided “as is” and our legal liability to you is limited.;
2. the Site and/or the App (including all related Services) are provided for informational purposes only, and should never be used as a substitute for a professional advice.; And
3. While we believe we provide effective security safeguards and storage services, and are constantly improving our capabilities, we can’t promise 100% security and error free use of our Services. That’s why we recommend backing up any important data you have and not rely solely on Empathy.
You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site and/or the App, according with the applicable rates charged by your respective third-party internet and data usage service provider as may be from time to time.
3. Registration and User Account
In order to use the App you must download the App from the applicable mobile application marketplace.
In order to protect the security of your Personal Information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Empathy. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such event you must change your password immediately via the settings in the App. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms (i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security).
If you wish to cancel and remove your Account, please use the applicable functionality within the App or send us an e-mail of your request to: Help@empathy.com. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account.
Cancelling your account may cause the loss of certain information you provided us (including documents you uploaded as part of your use of the vault service) and/or the capacity of your account. We do not accept any liability for such loss.
The use of our Site is currently offered free of charge, while our App (and the related Services) is provided solely to Users who have opted to subscribe to the Account which is subject to a one-time fee (while a trial period, free of charge, is given). The payment for our App use will be covered by either the Users themselves or by Empathy’s Partners. The following payment terms shall apply while you subscribe to the Account:
The payment is made via the App. We may (but are not obligated to) provide free trial subscription or other benefits from time to time, at our sole discretion.
The subscription is billed after the trial period ends. To the extent applicable, if you do not provide your credit card or other payment information before the expiration of any free trial period, access to your Account will be limited (given Company’s full discretion) until payment information and charge authorization are provided. Thereafter, your Account access will update automatically after that. You will receive a receipt upon the payment received.
Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including VAT, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against Empathy based on its revenue. We will invoice you for such Taxes if we believe we have a legal obligation to do so.
We reserve the right to charge fees for certain features or services available via our Site and/or App in the future and to modify the fees and prices for our Services at any time, at our discretion. Such pricing modifications will not affect your already paid-up subscription period. We will notify you in advance, by placing a notice on our Site and/or App before any charges or fees relating to such use come into effect.
5. Use Restrictions
There are certain conducts which are strictly prohibited when using the Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Empathy's sole discretion) in the termination of your use of the Services and may also expose you to civil and/or criminal liability.
You may not (and you may not permit any third-party to) unless otherwise explicitly permitted under these Terms: (a) use the Site and/or App and/or the Content and/or the User Generated Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or the App and/or Content and/or the User Generated Content for non-personal or commercial purposes without Empathy's express prior written consent; (c) remove or disassociate, from the Content and/or the Site and/or the App and/or User Generated Content any restrictions and signs indicating proprietary rights of Empathy or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®), and you represent and warrant that you will abide by all applicable laws in this respect; (d) interfere with or violate Users' rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and/or the App and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site and/or the App or the servers or networks that host the Site and/or the App, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Empathy endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Service; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site and/or the App; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made available by Empathy on or through the Site and/or the App, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content and/or User Generated Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Empathy's proprietary rights, including Empathy's Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms and/or under any applicable laws which expressly permits such actions; (k) make any use of the Content and/or User Generated Content on any other site or networked computer environment for any purpose without Empathy’s prior written consent; (l) create a browser or border environment around Empathy Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the App and/or Content and/or User Generated Content; (n) frame or mirror any part of the Site and/or the App without Empathy's prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content and/or User Generated Content from the Site and/or the App; (p) transmit or otherwise make available in connection with the Site and/or the App any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Service for any purpose for which the Site and/or the App and/or the Service is not intended and/or (r) infringe and/or violate any of the Terms.
In short: you must comply with the law and these Terms, and you promise not to use our Services for any unlawful and/or unauthorized purposes.
7. User Generated Content
The App may allow you to upload, post, publish and make available through it your own copyrightable materials such as, images, literary works, text material and any other proprietary materials (the “User Generated Content”). Please be sure that while you use the App you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you uploaded to the App. Empathy will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content.
As long as the User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, the sole and exclusive property of the User.
You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material, on the App, in any way.
You represent and warrant that you are the rightful owner of the User Generated Content you upload to the App or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third-party's intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).
It is the user’s responsibility to obtain any and all consents required under any applicable laws, regarding the posting of any personal information of others which is part of the user generated content, and to adhere to any applicable laws regarding such information.
Except as expressly permitted herein, you expressly agree that the User Generated Content will not include any unsolicited promotions, advertising, contests or raffles.
You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for Empathy to use or possess in connection with the Site and/or the App (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).
Although Empathy has no obligation to screen, edit or monitor any of the User Generated Content, Empathy explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the App at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post or store on the App at your sole expense.
When you upload, post, publish or make available any User Generated Content on the App, you grant to Empathy an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, and perform that User Generated Content, along with the name that you submit in connection with such User Generated Content, in connection with the Site and/or the App, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; Empathy may publish and use any User Generated Content without the Users prior consent. You hereby agree and understand that you will not be entitled to prevent any transfer of User Generated Content to any third-party. Empathy shall not bear any liability for any use by any third-party of the User Generated Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Generated Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Generated Content.
Empathy takes no responsibility and assumes no liability for any user generated content uploaded, posted, published and made available by you or any third-party in the app, or for any loss or damage thereto, nor is Empathy liable for any mistakes, defamation, libel, falsehoods, obscenities or pornography you or any other third-party may encounter via the site and/or the app.
To put briefly: if you upload any proprietary materials to the App it is your responsibility. Please make sure that you respect the proprietary and privacy rights of any third party and that you will not upload any unlawful content.
8. Misconduct and Copyright Violation
Empathy respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you believe that any Content in the Site and/or the App (including User Generated Content) is violating your privacy rights and/or is inappropriate, offensive or contain pornography, please report us at: Hello@empathy.com and provide us the following information in writing: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Empathy to locate the material; (iv) information so that Empathy can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Empathy has the sole discretion to restrict and/or terminate access to the Site and/or the App to Users who are deemed to be repeat infringers of third-party's copyright works or Users who acted inappropriately as specified above.
9. Intellectual Property Rights
Subject to the terms hereof, Empathy hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license (i) to download and use the App on your authorized mobile phone, device or tablet that you own or control, solely for the limited purpose of using the App for your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (defined below) and applicable law; and (ii) to use the Services and the Content provided in the Site and/or the App in accordance with the terms contained in this Agreement.
The Site and/or the App and the Content and Empathy's proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Empathy and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by Empathy and its licensors.
The Terms do not convey to you an interest in or to Empathy Intellectual Property (defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of Empathy’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Empathy regarding the Site and/or the App and/or the Services (“Feedback“), Empathy shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Empathy current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Empathy to comply with any additional obligations with respect to any Empathy current or future products, technologies or services that incorporate any Feedback.
Empathy has no obligation to provide upgrades or new releases of the Site and/or the App under these Terms.
Which is to say: we own the Site, the App and any related Content and have an exclusive and unlimited right to use any feedback you provide to our Services. You are allowed to use the Services in accordance with these Terms.
10. Trademarks and Trade names
Empathy’s marks and logos and all other proprietary identifiers used by Empathy in connection with the Services (“Empathy Trademarks”) are all trademarks and/or trade names of Empathy, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site and/or the App belong to their respective owners (“Third Party Marks”). No right, license, or interest to Empathy Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Empathy Trademarks or Third Party Marks and therefore you will avoid using any of those marks.
11. Linking to Empathy Site and Links to Third-Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by Empathy and does not portray Empathy in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to Empathy Site, you represent that your site does not contain content that is unlawful, offensive or infringing third-party rights. However, we do not permit framing or inline linking.
12. Usage Rules
Since you are downloading the App from a third-party platform, service provider or distributor (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Certain Usage Rules are described below, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider's Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider's representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider's Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
The following applies to you if you downloaded the App from the Apple App Store (“Licensed Application“): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and Empathy, not Apple Inc. (“Apple“), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple's Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
Empathy and you acknowledge that Empathy, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
In short: As you download our App from Google Play or Apple App store, you are required to comply with their rules also.
13. Social Media Features
The Services may include social sharing and posting features and other integrated tools (for example the Facebook “Like” and “Share” buttons, sharing and posting content via Twitter, YouTube, Facebook, Google+ and e-mail etc.) (“Social Features”).
13. Special provisions relating to Third Party Components
The Site and/or the App may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with, the Site and/or the App is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Site and/or the App and Empathy disclaims all liability related thereto. You acknowledge that Empathy is not the author, owner or licensor of any Third Party Components, and that Empathy makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Site and/or the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.
Put simply: Like any software, our Site and App may contain Third Party Components which their use is subject to such third parties’ license terms.
The Services' availability and functionality depends on various factors, such as communication networks. Empathy does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
16. Changes to the Site and/or the App
Empathy reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site and/or the App (or any part thereof, including but not limited to the Services provided and the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under the Site and/or the App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Empathy shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Site and/or the App or the Content included therein. You hereby agree that Empathy is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
If Empathy supplies to you any updates, upgrades and any new versions of the App (“Updates“) according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates. For clarity, Empathy has no obligation to provide Updates.
Bottom line here: We may change, discontinue and upgrade at any time the Site and the App without being liable for any issues that may result from such change.
17. Disclaimer of Warranties
To the fullest extent legally permissible, the site and/or the app and/or the content and/or the user generated content and/or the services are provided on an “as is” basis, and Empathy, including its vendors, officers, shareholders, sub-contractors, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers (collectively, “Empathy's representatives”), disclaim all warranties of any kind, express, implied or statutory, relating to the site and/or the app and/or the services, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose. You may have additional consumer rights under your local laws that this agreement cannot change.
The site and/or the app and/or the services are provided for informational purposes only and are not intended to constitute professional advice, including without limitation legal, or financial advice. Empathy and Empathy's representatives do not, either expressly or implicitly in any manner assume any responsibility for any loss, or damages incurred as a result, or in connection with, the use of the site and/or the app and/or the services or any decision made or action taken or not taken in reliance on the site and/or the app and/or the use of the services (including without limitation, the helpline service). Empathy does not guarantee that any of the users' needs will be fulfilled.
Please note that we will do our best but cannot fully promise that we will have backups for any data processed by us as part of providing the services, as such, you are solely responsible for backing up such data (which includes any data you upload to the app and your account as part of the vault service). We are not providing any archive services for storing such data. In addition, we shall not be responsible for any unauthorized access, use or other security intrusions, failure to store and any other damage or loss to such data.
All user generated content, including, but not limited to, descriptions, deals and commodities offered via the app, is supplied to Empathy by the relevant user, is not verified by Empathy and does not bind Empathy in any form. In any case where such user generated content contradicts or is inconsistent with information provided to you by another user of the app directly, only information supplied by such user directly shall prevail.
We do not warrant that (I) the use and operation of the site and/or the app is or will be secure, timely, accurate, complete, uninterrupted, without errors, or free of viruses, defects, worms, other harmful components or other program limitations, (ii) Empathy will correct any errors or defects in the site and/or the app, (iii) the site and/or the app will be interoperable or compatible with your device, other software, hardware, or any equipment, and Empathy's representatives are not responsible for any losses suffered resulting from interoperability or compatibility problems, and/or (iv) make any representation regarding the use, inability to use or operate, or the results of the use of the site and/or the app and/or content and/or user generated content available thereon or through the app (including that the results of using the site and/or the app will meet your requirements).
Empathy and Empathy's representatives disclaim all warranties and conditions with regard to the use of the site and/or the app, including but not limited to the availability, reliability or the quality of the site and/or the app, and are not and shall not be responsible for any error, fault or mistake related to any content and information displayed within the site and/or the app.
We are not responsible and have no liability for any item or service provided by any person or entity other than empathy.
We are not responsible for any consequences to you or others that may result from technical problems (including without limitation in connection with the internet such as slow connections, traffic congestion, overload of servers, delays or interruptions) or any telecommunications or internet providers.
You agree that the use of the site and/or the app and/or the content and/or the user generated content is entirely at your own risk.
Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the full extent of the above exclusions and limitations may not apply.
What we want to say here: Our legal liability to you is limited as the Site and/or the App (including all related Services) are provided “as is” for informational purposes only, and should never be used as a substitute for a professional advice. Also, while we believe we provide effective security safeguards and storage services, and are constantly improving our capabilities, we can’t promise 100% security and error free use of our Services. That’s why we recommend backing up any important data you have and not rely solely on Empathy.
18. Limitation of Liability
To the maximum extent legally permissible, in no event shall Empathy, including Empathy's representatives be liable for any damages whatsoever, including, but not limited to, direct, indirect, special, punitive, exemplary, incidental or consequential damages of any kind, under any legal theory (including, without limitation, contract, negligence, tort or strict liability), including without limitation, loss of goodwill, profits or data and business interruption, resulting from or arising out of (I) the use or inability to use the site and/or the app and/or the service and/or the content, (ii) the failure of the site and/or the app to perform as described or expected, (iii) an unauthorized access, use or other security intrusions, to the data processed by us as part of providing the services, (iv) the performance or failure of Empathy to perform its duties under these terms (including by breach of warranty, guarantee or condition), and/or (v) any other act or omission of Empathy or Empathy's representatives, by any other cause whatsoever, regardless of whether Empathy (or empathy's representatives) has been advised of the possibility of such damages.
In any case, without limiting the generality of the aforegoing and to the maximum extent legally permissible, Empathy and Empathy's representatives' total aggregate liability for all damages or losses whatsoever arising hereunder or in connection with your use or inability to use the site and/or the app and/or the services or the content shall be limited to the amount actually paid by you, if any, to Empathy for use of the site and/or the app or $us1.00, whichever is greater. The limitation of liability provisions which apply to any responsibilities of the applicable platform provider are set forth in their applicable usage rules. You will not, and waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from us and from empathy's representatives.
Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the full extent of the above exclusions and limitations may not apply.
In other words: as we have already said, our legal liability to you is limited.
You agree to defend, indemnify and hold harmless Empathy and Empathy Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or the App and/or Content and/or the User Generated Content and/or the Service; (ii) your violation of any of these Terms; (iii) your violation of any third-party rights, including without limitation any intellectual property rights or privacy right of such third-party with respect to your use of the Service; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third-party with relation to the Site and/or the App. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
Or, to put it simply: You will reimburse us for any loss we suffer that is tied to your use or misuse of the Site and/or the App (including all related Services), violation of these Terms or infringement of any third party’s right.
20. Termination or Suspension
These Terms shall remain in effect until terminated as set forth herein.
Your failure to comply with the provisions of the Terms, shall terminate your license and these Terms. In the event of your failure to comply herewith, Empathy may immediately temporarily or permanently limit, suspend or terminate your Account. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Service, you may terminate these Terms at any time by uninstalling our App and stopping your use thereof and this will be your sole remedy in such circumstances. Upon termination of these Terms: (i) the license and all other rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Service, delete and destroy all copies of the App in your possession or control and so certify to Empathy if required by it, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
Additionally, Empathy may at any times, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, delete any information from the Site and/or the App or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving any prior notice. You agree and acknowledge that Empathy does not assume any responsibility with respect to, or in connection with the termination of the Site’s and/or the App's operation and loss of any data.
We note that we can suspend access to your Account if we believe, in our sole discretion, that one (or more) of the following events have occurred: (a) there is a risk to the security or privacy of your Account; (b) there is a threat to the security or integrity of our network or our servers; (c) suspension is needed to protect the rights, property or safety of Empathy, its users or the public; (d) there is a basis for termination of your Account; (e) you have violated these Terms; and/or (f) we are required to by law. We may provide you a notice in the event of any such suspension. During such suspension, you will not have the ability to use or access your Account. In the event that we will determine, in our sole discretion, that the reason for suspension of access to your Account has been resolved, we will restore access to your Account.
Bottom line here: We may limit, suspend or terminate your Account and cease or change in any manner the operation of the Service without being liable for any issues that may result from such acts. We don’t anticipate shutting down, but in case we do, please be prepared and be responsible for any content of the Site and App which is valuable to you.
21. Export and the Location of the User
The App may be subject to export control laws of the State of Israel and/or may be subject to additional export control laws applicable to the User or in the User's jurisdiction, including, without limitation, the United States. The User agrees that he/she will not ship, transfer, or export into any country, or make available or use the App in any manner, prohibited by applicable laws.
In addition, the User represents and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting“ country; and (ii) that the User is not listed on any U.S. Government list of prohibited or restricted parties.
23. Changes to the Terms
Empathy may, at its sole discretion, change these Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or the App and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on the Site and/or the App or sent via e-mail, whichever is the earlist. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” and your continued use of the Site and/or the App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
Put simply: We may change these Terms. If you continue using the Services after such change you will be deemed to have accepted the revised terms.
(a) These Terms constitute the entire terms and conditions between you and Empathy relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Empathy, (b) any claim relating to the Site and/or the App or the Content contained therein will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site and/or the App will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Empathy may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) You acknowledge and agree that any cause of action that you may have arising out of or related to the site and/or the app must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Empathy, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
Which is to say: You have to read the full Terms as these Terms govern your use of our Site and App. If any part of this agreement is found to be unenforceable, the rest will still stand. You agree to have one year after the cause of action accrues to raise any claims related to the Site, App or Services.
For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to: firstname.lastname@example.org.
For avoidance of doubt, you hereby consent to the collection, processing, transfer and use of your personal information. You also acknowledge and confirm that you are not required to provide us with your personal information and that such information is voluntarily provided to us.
We may collect two types of data and information from our Users:
2.1. Non-identifiable and anonymous information (“Non-personal Information”). We are not aware of the identity of the User from whom we have collected the Non-personal Information. Non-Personal Information is any unconcealed information which does not enable identification of an individual User, and which is available to us while such User is entering and/or using the Site and/or the App and/or the Services. You may access and browse our Services without disclosing personal information, although, like most websites and online services, we passively collect certain Non-Personal Information from your devices when you access and browse our Services, including: (i) technical information such as the type and version of your device and its operating system, the type of browser, screen resolution, device browser and keyboard language, Wi-Fi connectivity and the type and name of your device and/or browser, etc.; and (ii) behavioral information which may include the User’s click-stream and tap-stream on the Site and the App, the activities of the User on the Site and the App and additional information of a similar nature (collectively, “Technical and Behavioral Information”). We may also use third-party service providers such as Google Analytics to obtain detailed analytics on the device and the User's behavior on the Site and the App.
Please note that we or our third-party service providers will collect such Technical and Behavioral Information by using certain technologies such as Cookies (as further detailed below).
2.2. Personally identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature.
Personal Information is collected as part of the User communications with Empathy:
Personal Information is collected from the details you provide us, consciously and voluntarily, while starting using our Services (i.e., before starting the Account registration process). You will be asked to answer several preliminary questions which may include your and your loved-one who has passed full names, e-mail address, physical address, date of decease, your relationship with your loved-one, information regarding their preferences, etc. Additional information may be required from time to time in order to complete the registration process.
Personal Information is collected from the details you provide us, consciously and voluntarily, as part of any communications with us, by any means, including whilst contacting us via our phone number, our e-mail address, through our social network pages, by using our Help-Line Service or by approaching our customer and support services, including, inter alia, your and your loved-one’s full names, telephone number, physical address, date of decease and your relationship with your loved-one. To the extent necessary, for the provision of the services, you may optionally provide additional Personal Information to our representatives, including, inter alia, financial statement. Once your contact details received by us, our representative may contact you for further communication and as such may collect additional Personal Information from you.
Personal Information may be (i) included in the User Generated Content you may upload, post, generate or publish on the Site and/or on the App, and (ii) uploaded by you while using the Vault Service, such as personal photos and legal and financial documents.
We collect your email address when you register to our mailing lists.
Personal Information relating to job applicants. You may, at your discretion, use the “Join the team” page available in our Site in order to apply to the open positions we publish at the Site (by clicking the relevant open position you will be asked to provide us with some or all of the following: e-mail address, contact details, your CV, etc., in order to be considered for the position) Please note that we may also collect similar data relating to you from public sources, such as publicly available social network pages and public databases.
Please note: if the Personal Information you provide us includes information about others, you are fully and solely responsible for providing all necessary information notices to affected data subjects and obtaining the required consents under applicable privacy law from data subjects for the use, processing, sub-processing and storing of their information in accordance with these Terms.
b. Personal Information is collected from other sources: we may also obtain Personal Information from publicly available sources in order to provide you with our Services (such as published obituaries in local newspapers, social media accounts etc.). In addition, upon your request and to the extent that you provide us with applicable power of attorney and/or consent (as the case may be) we may also approach third parties (such as, governmental agencies) on your behalf and collect Personal Information, which is held by them, all in order to provide you the services.
c. Personal Information is collected also via technology:
Geolocation data: while using the Site and/or the App we will access, collect, process, monitor and/or remotely store “geolocation data”, including through the collection of IP addresses and other similar information to determine your location for analytics and security purposes.
Technical and Behavioral Information: to the extent that the Technical and Behavioral Information detailed above under Section 2.1 will be linked to or associated with a specific individual, then such information will be considered as Personal Information.
Identifiers: we process certain online identifiers, such as Internet Protocol (IP) address, your Unique Device Identifier (UDID), or another unique identifiers, for geo-location, targeted advertising and security purposes. In addition, when using the Site and/or the App, our authorized third-party service providers may collect your advertising identifiers, as further detailed below.
There are a few methods that we use:
We collect information through your entry and use of the Site and/or the App and/or your use of our other Services, including interactions with our social networks’ pages. In other words, when you are using our Site and/or our App and/or our Services, we are aware of it and may gather, collect and store the information relating to such usage (such as the Non-personal Information detailed above and your IP address), either independently or through the help of our authorized third-party service providers as detailed below.
We collect information which you decide to provide us voluntarily. For example, we collect Personal Information when you register for a user account and when you contact us via our e-mail address and via our Help-Line Service.
We may collect information from third parties. Such information may include publicly available obituaries published in local newspapers, social media accounts etc.
We may gather, collect and store such information either independently or through the help of our authorized third-party service providers, as detailed below.
4.1. Non-personal Information is collected in order to:
Use it for statistical, analytical and research purposes and for customization, developing and improvement of the Site and/or App.
Enhance the User's experience while using the Services.
Keep the Site and/or the App safe and secured and for prevention of fraud.
4.2. Personal Information is processed by us in order to:
Enable the provision of our Services.
Respond to your inquiries, requests, comments and suggestions.
Provide support and technical assistance.
Send you by email, SMS, phone, through App notification or through the post updates, notices, announcements, and additional information related to Empathy including with respect to changes made to our Terms and updated information regarding our Services.
To conduct online surveys to better understand your needs, and how we can modernize, innovate and improve our Services.
Conduct internal operations, including troubleshooting, data analysis, testing, research and statistical purposes.
Comply with our legal obligations and in order to be able to protect our rights and legitimate interests, including in order to improve our services.
Maintain our data processing records and general administrative purposes.
We do not collect any Personal Information from you or related to you without your approval, which is obtained, inter alia, through your acceptance of the Terms.
Empathy respects its Users’ privacy and will not disclose, share, rent, or sell their Personal Information to any third-party, other than as permitted under these Terms.
In addition to using the information collected by us for the purposes described above, we may also share your Personal Information in the following cases:
Empathy’s Personnel: Personal Information that we collect and process may be transferred to or accessed by personnel of Empathy for the sole purpose of enabling the provision of our Services and to contact you. Please note that all of Empathy’s personnel that will have access to your Personal Information are under an obligation of strict confidentiality with respect to such Personal Information.
Service Providers: We may share Personal Information with commercial software providers, consultants and data processors who perform services on our behalf, including without limitation, companies that provide analysis, messaging services and host services.
Vendors: per your request we may transfer Personal Information to third parties' service providers in order to enable them to contact you for the purpose of providing their services, spanning both private and public organizations. Examples for such services may be assistance with memorial arrangements (including by planning a funeral), arranging house cleaning, handling your loved-one’s personal belongings, finding an estate attorney, etc. We do not have any control on, and will not be liable for, the manner in which such service providers will process such information. For any inquiries regarding the privacy practices used by such third parties to process Personal Information please contact them directly.
In addition, we may share Personal Information in the following cases: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce these terms, and to defend against any claims or demands asserted against us; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to protect the rights, property, or personal safety of Empathy, its Users or the general public; and (e) when Empathy is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of the assets of Empathy.
For avoidance of doubt, Empathy may use Non-personal Information and transfer and disclose it to third parties at its discretion.
To exercise any rights you may have under applicable privacy laws (such as the right to access, the right to rectification and the right to delete) please contact us by sending an email to: email@example.com with sufficient details and we will respond within a reasonable timeframe, but in any event no later than as required by applicable law. We confirm that we do not sell your Personal Information.
Aggregated and/or anonymous information derived from your use of the Services may remain on our servers indefinitely.
The use of our Services are intended for Users over the age of thirteen (13). Therefore, Empathy does not intend and does not knowingly collect Personal Information from individuals under this age. We reserve the right to request proof of age at any stage so that we can verify that minors under this age are not using our Services.
We take reasonable measures to maintain the security and integrity of your Personal Information and prevent unauthorized access to your Personal Information or use thereof through generally accepted industry standard technologies and internal procedures. Your Personal Information is hosted on third parties’ servers, which provide advanced strict security standards (both physical and logical). In the event of any breach of the security, confidentiality, or integrity of your Personal Information we will inform you of such breach as required by applicable law. Please note, however, that there are inherent risks in transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use of your Personal Information will never occur. Empathy shall not be responsible or liable for unauthorized access, hacking, or other security intrusions or failure to store or the theft, deletion, corruption, destruction, damage, or loss of any data or information.
While using our Services and in order to provide our Services, we may use third-party service providers, who may collect, store and/or process the information detailed herein. Such third-party service providers may include without limitation the following categories of service providers:
When you access or use the Site and/or the App, we and/or our third-party service providers may use industry-wide technologies such as cookies, web beacons, pixels, clear gifs and other similar tools (or other similar technologies) (collectively, "Cookies") which may enable us, amongst others, to recognize your device from those of other Users of the Site and/or the App, to improve the Site's and the App’s performance, to deliver a better and more personalized service according to our Users' individual interests and the device or browser used, to track Users' use of the Site and/or the App, to gather information about the Users' approximate geographic location (e.g. city), to prevent fraud and/or abuse, to estimate our audience size and usage pattern and perform other analytics, to develop our Site and/or our App.
Most devices and browsers will allow you to erase Cookies from your device’s hard drive, block acceptance of Cookies, or receive a warning before a Cookie is stored on your device. However, if you block or erase Cookies, your experience of the Site and/or the App may be limited.
For detailed instructions regarding the blocking of Cookies, please refer to your browser's 'help', 'tool' or 'edit' sections or see www.allaboutcookies.org/manage-cookies/. Below are links to instructions regarding the blocking of Cookies on commonly used web-browsers: Chrome, Internet Explorer and Microsoft Edge, Mozilla Firefox and Safari.
It is possible to opt-out of having your browsing activity within the Site and/or the App recorded by performance cookies. Please note that we use Google Analytics as our service provider in order to track Users' activities on the Site and/or the App, including by use such services' persistent cookies. Google provides a browser-add on which allows users to opt-out of Google Analytics across all websites, which can be downloaded here: tools.google.com/dlpage/gaoptout.
You can opt out of receiving interest-based advertising on your device by visiting the following sites: www.aboutads.info/choices/, www.networkadvertising.org/choices/, and preferences-mgr.truste.com/. If you wish to opt out of receiving interest-based advertising on your mobile device, please see the advertising preferences information on support.apple.com/ for iOS devices or support.google.com/ for Android devices.
You hereby agree that we may use your contact details you provided us with (including, without limitation, e-mail address and phone number) for the purpose of providing you commercial and/or non-commercial materials related to our current and/or future products and services. You may withdraw your consent by sending a written notice the following email address: firstname.lastname@example.org or alternatively follow the instructions for removing yourself from the mailing list which are available in the message transmitted to you.
Your data is yours. In the event that you wish to modify or delete the Personal Information you provided us via the Services, you can do it independently using the Account settings, or you can send us an e-mail of your request to: email@example.com and we will modify or delete your Personal Information pursuant to any applicable privacy laws. Note that unless otherwise explicitly specified herein and/or unless you instruct us otherwise, we may retain your Personal Information for as long as reasonably required for the purposes of which such Personal Information was collected, all as permitted under any applicable privacy laws. Aggregated and/or anonymous information derived from your use of our Services may remain on our servers indefinitely.