Gleam's Terms Of Use
Gleam Terms of Use
Welcome to the website (https://www.togleam.com/) (the “Site”) and app of Gleam (together with its subdomains, Content, Marks and services, the “Services”). Please read the following Terms of Use carefully before using the Services so that you are aware of your legal rights and obligations with respect to Gleam Modern Parenting Solutions, Inc. ("Gleam", "we", "our" or "us"). By accessing or using the Services, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the "Terms"). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the Services.
1. Background. The Site is intended to provide general information regarding Gleam and its services, which are focused on providing digital solutions for the well-being of children, encompassing the creation of a safe, balanced, and positive relationship with technology.
2. Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, so we recommend that you review these terms periodically; your continued use of the Services thereafter means that you accept those changes.
3. Ability to Accept Terms. .In order for a child under the age of 13 located in the United States and 18 in the EU and the rest of the world to use the Gleam Services, his/her parent or legal guardian must approve the registration.
4. Access to the Services. For such time as these Terms are in effect, we hereby grant you permission to visit the Site or use the Services, provided that you comply with these Terms and applicable law.
5. Restrictions. By using the Site you agree not to: (i) copy, distribute or modify any part without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
6. Payments to Gleam. Except as expressly set forth in the Terms, your general right to access and use the Services is currently for free for an unlimited period with regard to the "Basic" level of service (the "Free Period"), but Gleam may in the future charge a fee for certain or all access or usage. You will not be charged for any such access or use of the Services unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Services.
The Free Period, will commence on the date that you commence access or use of, as applicable, the Services and will conclude when you choose to subscribe to our premium services under a subscription plan, or sooner if: (i) you upgrade your Account by beginning to pay the applicable Fees for a Subscription Plan; or (ii) your use of the Services is terminated in accordance with these Terms. You acknowledge and agree that these Terms are applicable and binding Services upon you during the Free Period and that Gleam: (a) does not make any commitments in connection with the Site during the Free Period; and (b) may send you, subject to your opting out, communications and other notices about the Site to your email address. We reserve the right to modify, cancel and limit this Free Period offer at any time. We also reserve the right to add promotions with respect to the Services and withdraw such promotions, at our discretion. Any use of the Services following the Free period is subject to payment of applicable Fees.
7. Intellectual Property Rights. some text
7.1. Content and Marks. The (i) content on the Site and provided in the Services, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Content"), and (ii) the trademarks, service marks and logos contained therein ("Marks"), are the property of Gleam or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. "Gleam”, the Gleam logo, and other marks are Marks of Gleam or its affiliates. All other trademarks, service marks, and logos used on the Site and provided in the Services are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Servicesand the Content.
7.2. Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
8. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
9. Links. some text
9.1. Links. The Services may contain links, and may enable you to post content, to third party websites that are not owned or controlled by Gleam. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release Gleam from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.
9.2.Third Party Websites. Gleam permits you to link to the Services provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears in the Services; (iii) you shall not misrepresent your relationship with Gleam or present any false information about Gleam and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website ("Third Party Website") which prohibits linking to third parties; (v) such Third Party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
10.Privacy. We will use any personal information that we may collect or obtain in connection with the Services in accordance with our privacy policy which is available at https://www.togleam.com/privacy-policy. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
11. Provision of service and support. We try to offer the Services 24 hours a day, 7 days a week. However, due to maintenance, security or capacity issues, as well as some events beyond our control (force majeure), the Services may be temporarily suspended or affected. Any service errors should be reported to the support service at support@togleam.com. We undertake to respond to Your inquiries within 3 business days. You are aware that the entity providing the application store where you downloaded the App has no obligation whatsoever to provide any maintenance nor support service with respect to the App or the Services.
12. Warranty Disclaimers. some text
12.1. This section applies whether or not the Services are provided for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
12.2. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. GLEAM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. GLEAM DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT GLEAM WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
12.3.EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, GLEAM DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
13. Limitation of Liability. some text
13.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GLEAM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF GLEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
13.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GLEAM FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO Gleam FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
14. Indemnity. You agree to defend, indemnify and hold harmless Gleam and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Services; (ii) your interaction with any Site user; or (iii) your violation of these Terms.
15. Term and Termination. These Terms are effective until terminated by Gleam or you. Gleam, in its sole discretion, has the right to terminate these Terms and/or your access to the Services, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Gleam shall not be liable to you or any third party for termination of the Services, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 15 and Sections 7 (Intellectual Property Rights), 10 (Privacy), 12 (Warranty Disclaimers), 13 (Limitation of Liability), 14 (Indemnity), and 16 (Independent Contractors) to 18 (General) shall survive termination of these Terms.
16. Independent Contractors. You and Gleam are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Gleam. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Gleam.
17. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Gleam without restriction or notification to you. Any prohibited assignment shall be null and void.
18. General.Gleam reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and Gleam shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Gleam may seek injunctive relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and Gleam concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
19.IOS Users. Upon installation of App with iOS operating system, due to the technical configuration of the system, all data transmitted to and from the device is channeled through our servers, in such a way we are visible to a third party such as your Internet access provider and the owner of the IP address from which communications originate. Although we are NOT an Internet access provider, due to this configuration we may receive notifications (“Notification”) from third parties regarding the User’s online behavior, including but not limited to downloading and/or viewing online content, posting online content, opening online accounts, and/or using third party applications and programs. If we receive such a Notice stating your User engages in any activity that is or may be illegal or violate the rights of third parties, or if we believe (in our reasonable judgment) any activity by your Users is or may be detrimental to the provision of the Services, we will notify you. We reserve the right to (and will, if we are obliged to by court or applicable law or to protect our interests and business, and in particular, but without limitation, if we receive a Notice from a third party or if user activity on a device is or may, in our opinion, be detrimental to the provision of the Site): (a) suspend or block access to your device(s) to the Internet or to certain websites/internet services; and (b) provide any party providing the Notification to us or a Court or public authority with your name and contact details and/or (c) terminate your Account. YOU CONSENT TO THE DISCLOSURE OF YOUR CONTACT DATA FOR THIS PURPOSE AND SUSPECTED PURPOSE. We will not suspend your access or provide such data to any third party without first notifying you.
Last updated: May 2023